Reporting a Complaint

Any member of the Seminary community may report an incident or allegation of discrimination, sex discrimination, or sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute discrimination, sex discrimination or sexual harassment), through a variety of methods. Individuals may report a claim using the Discrimination or Harassment Form or by email, phone, or in person, and submit the report form, written report, or verbal report through the following: 

• Electronically using the Discrimination or Harassment Form 
• By mail or in person – Title VI/Title IX Office, Union Presbyterian Seminary, 3401 Brook Road, Richmond VA 23227 or 5141 Sharon Road, Charlotte NC 28210 
• By telephone – Rev. McLennan at 980.636.1669 or Dr. Oliver at 804.278.4224 
• By e-mail – lisa.mclennan@upsem.edu or shawn.oliver@upsem.edu  

A complaint may be filed concerning harassment, discrimination, or retaliation in the treatment of employees, students, family members, or visitors. The Seminary expects that all complaints will be filed in good faith, as the act of filing a complaint that is not in good faith is, in and of itself, a violation of this policy. 

The complaint should be made as soon after the alleged act as possible so as to assist with a prompt and equitable investigation. While the Seminary will take all complaints of violations of this policy seriously, its ability to pursue the complaint to conclusion may be significantly hindered by the passage of time. In the event of sexual assault, a delay in reporting the incident to the police can significantly impact the ability to prosecute a crime. In addition, for complaints filed against anyone who is no longer a member of the Seminary community, the Coordinator has the authority to determine whether to proceed, or not to proceed, with an investigation of such a claim. 

The Seminary believes it is important to be proactive in taking reasonable steps to identify and prevent incidents of discrimination and harassment. If an individual in a supervisory capacity has direct knowledge of an incident of discrimination or harassment on the part of a member of the Seminary community, that supervisor is required to bring the matter to the attention of the Coordinator. If, after such notice is given, it appears to the Coordinator that a potential violation of this policy may exist, that individual may serve as the Complainant in such matter and pursue the matter through this policy. 

All activities under these procedures will be conducted with due regard for any legitimate privacy and reputational interests of those involved. 

While the Seminary will take all reasonable steps to protect anonymity and confidentiality, it cannot, and does not, guarantee that all claims and details of such claims will be kept completely confidential. Accordingly, while the information shared will be treated as confidentially as possible, the Coordinator at times may need to consult with other administrators and will, at times, need to take action in the interest of safety. 

It is typically expected, however, that any materials and information prepared or acquired under these procedures will be shared only with those who have a legitimate need to know. Disclosure of such information may also be made if it is permitted by law and the Coordinator determines in their judgment: (1) that such disclosure is necessary to protect the health, safety, or well-being of members of the Union Presbyterian Seminary community; or (2) that such disclosure advances the interests of those involved in the process and/or the Seminary and outweighs the interest in confidentiality. 

According to the Office of Civil Rights of the Department of Education, when reporting sexual harassment or discrimination or sexual assault, the Seminary cannot omit personally identifiable information (the name of the victim, the name of the accused individual, and other identifying details about witnesses, location, etc.). 

Upon receipt of a complaint, the Coordinator will reach out to the complainant to conduct an Intake Interview (see section IV.A below). Subsequent to an initial report, campus officials may need additional information in order to fulfill the Seminary’s obligations under Title VI and Title IX. In taking these subsequent actions, the Seminary will always be guided by the goals of empowering the alleged victim and allowing that person to retain as much control over the process as possible.

Filing with Law Enforcement 

Any Complainant has the right to report and the right to decline to report the matter to local law enforcement if the conduct is potentially criminal in nature. The Seminary’s obligation to respond to a complaint will not change depending upon whether or not the matter has been reported to law enforcement, but it may briefly delay the timing of an investigation if a law enforcement agency requests that the Seminary delay its process for a reasonable amount of time to allow it to gather evidence of criminal conduct. The Seminary will provide the Complainant with assistance in filing a report, if needed. Neither law enforcement’s determination whether or not to prosecute a Respondent, nor the outcome of any criminal prosecution, are determinative of whether a violation of this policy has occurred. Proceedings under this policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. 

The Coordinator, either upon personally receiving a complaint or upon receipt of a report from a responsible referral regarding the resolution of a complaint, keeps a record of any and all such complaints. Upon the receipt of a new complaint, the Coordinator reviews the record of filed complaints to determine if there are any previous complaints under these policies that have been filed against the Respondent. In the event that there have been one or more similar complaints filed against the Respondent, the Coordinator determines whether the Respondent should be subject to an interim action, which may include, without limitation, restrictions placed upon the Respondent’s campus activities or a temporary campus ban while the investigation is completed. The Coordinator has the sole authority to determine and impose such interim action. 

In the event the Coordinator imposes interim action against the Respondent, the Respondent may appeal and seek to modify or overturn such interim action by delivering a written appeal to either the Seminary’s Appeals Officer, President Jacqueline Lapsley at jacqueline.lapsley@upsem.edu or the designated Deputy Appeals Officer as appointed by the Seminary President. A copy of the appeal will also be filed with the Coordinator who imposed the interim action. The Respondent’s written appeal must be delivered within one (1) business day of issuance of the interim action. While the appeal is pending, the interim action will remain in place, in force, and in effect. 

Within two (2) business days of receipt of a written appeal from the Respondent, the Appeals Officer or the designated Deputy Appeals Officer will, in their sole discretion, issue a decision on the appeal that either affirms the interim action, modifies the interim action, or revokes the interim action. The person deciding the appeal may modify, or revoke, the interim action only in cases of: (i) manifest injustice or (ii) substantial conflict of interest on the part of the Coordinator. In the absence of  manifest injustice or substantial conflict of interest, the interim action imposed by the Coordinator will be affirmed by the Appeals Officer or designated Deputy Appeals Officer. The decision of the Appeals Officer or designated Deputy Appeals Officer of any appeal of interim action will be final, and may not be further appealed.