10.6 Harassment and Discrimination Policy and Procedures
Purpose Loyola College does not discriminate on the basis of race, sex, color, national or ethnic origin, age, religion, disability, marital status, or sexual orientation in the administration of any of its educational programs and activities or with respect to admission or employment. Prohibited discrimination includes harassment on the basis of a protected classification and harassment based on participation in any “protected activity”. Discrimination, including harassment, is inconsistent with Loyola’s commitments to excellence and respect for all individuals. Loyola is also committed to the free and vigorous discussion of ideas and issues, which are also protected by this policy. Back to Top Scope This Policy prohibits discrimination, including harassment, against students or employees of Loyola College by anyone on College property or at College-sponsored activities. This Policy applies to situations in which both the person alleging discrimination or harassment (the “complainant”) and the person accused of discrimination or harassment (the “respondent”) are employees or students of Loyola College.1 Allegations of discrimination or harassment made against a student in his/her capacity as a student are resolved through the student judicial process, rather than under this Policy. Allegations against student employees in their capacity as employees are resolved through this Policy and are reported to the Assistant Director of Student Life. Allegations involving individuals who are not current employees or students of Loyola (e.g., applicants for admission or employment, alumni, independent contractors, vendors, recruiters) are addressed on a case-by-case basis using an appropriate procedure as determined by the Human Resources Department. Harassment of others who are not members a protected classification is also prohibited by College policy and may be the subject of a complaint using either the Grievance Procedure for Complaints Made Against Faculty or the Grievance Procedure for Complaints Made Against Staff, Administrators, and Student Employees. 1 Loyola students and employees who are studying or teaching off-campus (e.g., semester abroad) or are on a leave of absence (e.g., medical leave, sabbatical) remain covered by this policy. Back to Top Policy Loyola is committed to protecting the academic freedom and freedom of expression of all members of the College community. This policy against discrimination and harassment shall be applied in a manner that protects the academic freedom and freedom of expression of all parties to a complaint. Academic freedom and freedom of expression include but are not limited to the expression of ideas, however controversial, in the classroom, residence hall, and, in keeping with different responsibilities, and in workplaces elsewhere in the College community. Back to Top Definition of Harassment Harassment means unwelcome verbal, written or physical conduct based on a protected classification (sex, race, age, etc.) that has the purpose or effect of unreasonably interfering with an individual’s work or education (including living conditions) or that creates an intimidating, hostile or offensive environment. Sexual harassment is a form of harassment with specific distinguishing characteristics. It consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when: submission to such conduct is made, explicitly or implicitly, a term or condition of an individual’s employment or education; or submission to or rejection of such conduct is used as a basis for employment or educational decisions affecting an individual; or such conduct has the purpose or effect of unreasonably interfering with an individual’s work or education (including living conditions), or creating an intimidating, hostile or offensive environment. The conduct alleged to constitute harassment under this policy should be evaluated from the perspective of a reasonable person similarly situated to the complainant and considering all the circumstances.
In considering a complaint under Loyola’s Harassment and Discrimination Policy, the following understandings shall apply: Harassment must be distinguished from behavior that, even though unpleasant or disconcerting, is appropriate to the carrying out of certain instructional, advisory, or supervisory responsibilities. Filing a complaint under this policy does not preclude an employee from filing a charge of employment discrimination with the EEOC, or Maryland Commission on Human Relations, within the time frames established by those agencies. Filing a complaint under this policy does not preclude a student from filing a written complaint with the Department of Education’s Office of Civil Rights within 180 calendar days of the date of the alleged discrimination.
Back to Top The following behaviors are also prohibited by the Harassment and Discrimination Policy: Retaliation It is a violation of Loyola’s Harassment and Discrimination Policy to retaliate against any person for making an allegation or participating in an investigation of an allegation of harassment or discrimination. A complaint of retaliation may be pursued using the steps set forth in this Policy. When necessary, the College will monitor student grading or faculty/staff reappointment, tenure, promotion, merit review, or other decisions in order to ensure that prohibited retaliation does not occur. The College reserves the right to take immediate measures to prevent incidents of discrimination or harassment pending the outcome of any proceedings under this Policy. Back to Top Knowingly Filing False Complaints Knowingly filing a false complaint of harassment, discrimination or retaliation is a violation of this Policy. Employees who knowingly file a false complaint are subject to disciplinary actions.
Intentional Breaches of Confidentiality All participants in this process, including the complainant and respondent, witnesses, investigators, supervisors or their designees, and College officers, shall respect the confidentiality of the proceedings to protect the privacy and reputations of the individuals involved in the process. Participants are authorized to discuss the case only with those persons who have a legitimate “need to know.” Any questions regarding confidentiality, including who has a “need to know” in a particular case, should be directed to Human Resources.
Back to Top A complaint alleging an intentional breach of confidentiality may be pursued using the steps followed for a complaint of harassment or discrimination. Such a breach may also constitute an act of retaliation. A breach of confidentiality may void the outcome of any previously agreed-upon resolution to a complaint. This Policy and the following Procedures for Resolution of Claims of Harassment and Discrimination are only part of Loyola’s effort to prevent discrimination and harassment in our community. In addition to spelling out steps for making and resolving complaints, the College is also committed to programs of education about discrimination and harassment and ways to prevent their occurrence. NOTE: This Harassment and Discrimination Policy replaces previous statements on sexual harassment and discrimination in Staff and Administrator Personnel Policy Manuals, and the Faculty Manual. Back to Top Back to Table of Contents | 
