Anti-harassment and non-discrimination policy

Discrimination prohibited by the University includes differential treatment of or denial of a benefit to an individual in education or employment because of his/her protected status (i.e. race, ethnicity, color, national origin, sex, marital or family status, sexual orientation, gender identity or expression, age, religion, creed, disability, veteran status) or any other basis prohibited by federal, state, or local law.

The following are some examples of discriminatory actions. This is only a partial list, and other behaviors or actions may also constitute discrimination:

• Denying or granting in whole or in part a promotion or other advancement opportunities based on an individual’s protected status;
• Granting preference in education or employment based on an individual’s protected status;
• Assigning grades based on an individual’s protected status;
• Making work assignments based on an individual’s protected status;
• Denial of use of facilities or equipment based on an individual’s protected status;
• Denial of leave based on an individual’s protected status;
• Directing racial or ethnic slurs at someone;
• Telling someone repeatedly they are too old to understand new technology;
• Teasing or mocking a person with a disability;
• Ridiculing a person's religious beliefs;
• Vandalizing or defacing property;
• Placing written or visual material, such as a swastika or a homophobic epithet, on the door of an individual's living or work area;
• Chalking anti-Semitic discriminatory or inflammatory language on campus property, such as sidewalks, buildings, roadways, walls or parking lots;
• Making threatening/discriminating telephone calls, sending threatening/discriminating e-mail, text messages, or voice mail messages or using social media to communicate threats or discrimination.
• Participating in or facilitating hate crimes. As defined in the Clery Act, a hate crime is a crime reported to local law enforcement or to a Campus Security Authority manifesting evidence the complainant was intentionally selected because of a bias against the complainant. For the purpose of this policy, the categories of bias include those protected classes outlined above. Examples include, but are not limited to: intimidating comments or phone calls, hate mail or flyers, vandalism, destruction of significant symbols, assault, and arson.

Harassment prohibited by this policy is unwelcome verbal, nonverbal (such as whistling), visual, or physical conduct based upon protected status where enduring the offensive conduct becomes a condition of continued education or employment or the conduct is so severe, persistent, and pervasive that it interferes with or limits a student, faculty or staff member's ability to participate in or benefit from the University's educational and/or employment opportunities, programs or activities. Harassment may constitute discrimination in violation of Saint Martin's University policy, state and/or federal law.

For the purposes of this policy, harassment includes forms of sexual/gender harassment that does not meet the threshold of Title IX of the Education Amendments of 1972and attendant federal regulations regarding sexual harassment, 34 C.F.R. Part 106, effective August 2020. Sexual harassment reports are first evaluated using Title IX criteria. In the event, the sexual harassment meets the threshold for Title IX, the Title IX grievance process will be implemented. If, at any time, the sexual harassment does not meet the threshold of Title IX, the complaint resolution process within this policy will be implemented.

Prohibited harassing conduct may include, but is not limited to:

• Making threatening/harassing telephone calls, sending threatening/harassing e-mail, text messages, or voice mail messages or using social media to communicate threats or harassment.
• Verbal threats, offensive jokes, epithets, derogatory comments, name-calling, ridicule or mockery, insults, put-downs, or slurs;
• Gratuitous visual displays such as derogatory and offensive posters, photographs, cartoons, drawings, or gestures;
• Unwanted physical contact or conduct such as touching, intimidation, or blocking normal movement;
• Physical assaults or threats;
• Stalking or physically assaulting someone;
• Retaliatory actions against an individual who reports harassment or threatens to report harassment.

However, petty slights, annoyances, and trivial or isolated incidents (unless extremely serious) will not rise to the level of prohibited or illegal harassment. To be unlawful, the conduct must create an educational or work environment that would be intimidating, hostile, or offensive to a reasonable person.

It may be helpful for the person on the receiving end of harassment, if he or she is able, to inform the harasser directly the conduct is unwelcome and must stop.

Retaliation means any adverse treatment (beyond a slight or annoyance) taken because a person engaged in protected activity (e.g. opposing discriminatory practices, filing a discrimination or discriminatory harassment complaint, or participating in an investigation, conduct hearing or an attempt at resolution, etc.) or for the purpose of interfering with right or privilege granted under antidiscrimination laws.

All employees are responsible for providing students and employees with a working and learning environment free from discrimination, harassment, and retaliation. It is the responsibility of employees to:

• Cooperate fully with the University’s investigative and corrective procedures;
• Refrain from discriminatory, harassing, or retaliatory behavior, whether physical, verbal or non-verbal.

Administrators, managers and supervisors are responsible for providing students with a working and learning environment free from discrimination, harassment, and retaliation. It is the responsibility of administrators, managers and supervisors to:

• Take reports of discrimination, harassment, and retaliation concerns seriously;
• Take appropriate action to stop discriminatory, harassing, or retaliatory behavior by interceding and reporting it immediately to:
  • STUDENTS - Consult with the Chief Student Affairs Officer to assist in addressing inappropriate behavior;
  • EMPLOYEES - Consult with the Office of the Chief Human Resources Officer to assist in addressing inappropriate behavior;
• Monitor the work and learning environment for potential discrimination, harassment, and retaliation;
• Follow up on situations that have been addressed and be watchful for potential recurrence or retaliation.

If a student or employee believes they have experienced any form of discrimination, harassment, or retaliation in the University community or has knowledge of an allegation, the employee or student is to report the incident (or knowledge of it) to one of the following officials:

Cynthia Johnson Associate
Vice President for Human Resources
cjohnson@stmartin.edu
360-688-2290

Melanie Richardson
Dean of Student Affairs
mrichardson@stmartin.edu
360-438-4367

Sharon Schnebly 
Director of Public Safety
sschnebly@stmartin.edu
360-438-4354

They may also make a report to their immediate supervisor or any University administrator.

Individuals may also contact the Office for Civil Rights of the U.S. Department of Education:

Seattle Office, Office for Civil Rights, U.S. Department of Education
915 Second Avenue Room 3310
Seattle, WA 98174-1099
Telephone: 206-607-1600, FAX: 206-607-1601; TDD: 800-877-8339
Email: OCR.Seattle@ed.gov

Saint Martin's University will make every reasonable effort to preserve an individual’s privacy and protect the confidentiality of information. Reports will be treated confidentially to the extent permitted by this policy's reporting requirements and the University’s need to investigate and resolve the reported problem. Information concerning an investigation may be disclosed as the University determines it necessary for business purposes or if required by law. The University may keep the names of witnesses and complainants confidential when, at the discretion of the University, doing so is necessary for the protection of the student or employee. However, disciplinary action usually cannot be taken without informing the respondent of the complainant’s identity, unless the allegation could be effectively rebutted without knowing who made it. The University will balance any request for confidentiality with its responsibility to provide a safe and non-discriminatory environment for all members of the campus community.

The University will review and respond to all reports describing conduct inconsistent with this Anti-Harassment and Non-Discrimination Policy. The University will take all reasonable steps to investigate or otherwise determine what occurred and to respond to the report consistent with the complainant’s requests; however, the University may move forward with an investigation or initiate a disciplinary action or other resolution without the complainant’s consent if the University determines that such action is necessary to ensure a safe and non-discriminatory campus. The ultimate goal of the investigation and any subsequent resolution process is to end any discrimination and harassment, prevent its recurrence, and remedy its effects.

The University will investigate the report in a prompt, thorough, and fair manner. When investigating allegations of discrimination, harassment, and/or retaliation, the University looks at the whole record: the circumstances and nature of the conduct and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a caseby-case basis using the “preponderance of evidence” standard. If deemed necessary or advisable, the University may implement interim measures to provide for the safety and wellbeing of the complainant or other University community members.

In most cases, the University will attempt to complete the report investigation and resolution process within 60 calendar days after a report is made, but that time frame may be extended by the University if necessary.

Reports against students will be handled under the Code of Student Conduct.

All other reports, including reports alleging violation of this policy by any University staff, faculty, or other community member will be handled by the employee Grievance Policy.

Anyone who provides false statements regarding the filing of a discrimination or harassment report or during the investigation of such a report may be subject to disciplinary or corrective action up to and including termination for employees, or sanctions imposed through the Code of Student Conduct.

The University does not tolerate any form of retaliation for reporting or participating in any report, investigation, judicial process or appeal, or against anyone who is thought to have reported or participated in a complaint or investigation. Engaging in such retaliation or encouraging others to retaliate is a serious violation of this policy and will be considered an independent reason for discipline regardless of whether the underlying complaint is substantiated. Any concerns regarding retaliation should be brought to the immediate attention of the Chief Human Resource Officer or the Chief Student Conduct Officer.