Procedures for Individuals Claiming Unlawful Discrimination or Harassment
The following General Procedures supporting the Sacred Heart University Anti-Discrimination and Discriminatory Harassment Policy have been adopted.
If there is an imminent threat or danger, please contact SHU Public Safety Emergency line at 203-371-7911 or local law enforcement by dialing 911. SHU Public Safety
If there is a threat of imminent danger to our community, SHU reserves the right to respond to issues of harassment and discrimination without the cooperation of those reporting.
- INTRODUCTION
Any person who believes they have experienced discrimination or harassment in violation of the Sacred Heart University Anti-Discrimination and Discriminatory Harassment Policy may file a complaint under these procedures.
No Retaliation
Retaliation against anyone who, in good faith, files a complaint or cooperates in the investigation of a complaint is strictly prohibited.
Sacred Heart University will address reported complaints promptly and equitably as discreetly and confidentially as possible consistent with applicable laws, regulations and legitimate SHU interests. If you have questions about the confidentiality of a report, please ask SHU’s Director of Institutional Equity Compliance and Support listed below.
II. REPORTING A CLAIM
SHU has procedures providing for prompt and equitable resolution of complaints alleging any act prohibited by the Sacred Heart University Anti-Discrimination and Discriminatory Harassment Policy.
Consistent with SHU Human Resources guidance, Faculty and Staff are encouraged to raise concerns over conduct with their immediate supervisor first when possible.
- Complaints of Discrimination or Harassment based on a protected characteristic except sex or disability can make a report by contacting SHU’s Director of Institutional Equity Compliance and Support at burmeistera@sacredheart.edu or call 203-396-8067.
- Complaints of Discrimination or Harassment based on sex including but not limited to gender or sexual orientation, or sexual misconduct, including sexual violence, sexual harassment, sexual assault, stalking and relationship violence, are addressed by SHU’s Title IX Policy and Procedures. Please visit SHU’s Title IX site for further information or to make a report contact SHU’s Title IX Coordinator, at TitleIXCoordinator@sacredheart.edu or call 203-396-8392.
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Complaints of discrimination based on disability are addressed by the SHU 504/ADA Accommodation Grievances and Discrimination Complaint Procedures. For further information or to make a report, contact SHU’s ADA/504 Coordinator at burmeistera@sacredheart.edu or call 203-396-8067.In accordance with the requirement of 504 of the Rehabilitation Act of 1973 and Titles I and III of the Americans with Disabilities Act of 1990 (ADA) Sacred Heart University will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs or activities. SHU does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Dept. of Education, the U.S. Dept of Justice, and the U.S. Equal Employment Opportunity Commission.
In accordance with the requirement of 504 of the Rehabilitation Act of 1973 and Titles I and III of the Americans with Disabilities Act of 1990 (ADA) Sacred Heart University will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs or activities. SHU does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Dept. of Education, the U.S. Dept of Justice, and the U.S. Equal Employment Opportunity Commission.
Additional Rights
Persons may, at any time, file a complaint with the State of Connecticut Commission on Human Rights and Opportunities, the Department of Education Office of Civil Rights, or the Equal Employment Opportunity Commission, or other civil rights agencies.
III. PROCEDURES*
These Procedures apply to allegations of Discrimination and Discriminatory Harassment except those based on sex or disability. Those allegations are addressed by Title IX and 504/ADA complaint procedures respectively.
These procedures provide for a prompt and equitable resolution of complaints alleging conduct prohibited by this Sacred Heart University Anti-Discrimination and Discriminatory Harassment Policy. If it is determined that Discrimination or Discriminatory Harassment has occurred, SHU will take action to stop the violation, prevent a reoccurrence, and correct any discriminatory effect. Such action may include counseling, education, warning, disciplinary action, termination of employment or expulsion.
Timing
“Business days” are days when the administrative offices of the University are regularly open for business; weekends, holidays, snow days, and days the University is closed shall not be counted as business days.
- Written Complaint
A person must submit a written complaint by using this [Discrimination or Discriminatory Harassment Incident Report] or by other writing clearly stating (1) the alleged discriminatory conduct (2) all specific facts supporting the claims made in the complaint (3) the remedies and/or resolution the complainant is seeking. Anyone having difficulty completing a written complaint may ask for assistance from the Office for Inclusive Excellence.
B. Initial Assessment
Upon receipt of a complaint, the sacred heart university director of institutional equity compliance and support in the office for inclusive excellence or their designee (OIE) will:
C. Informal Resolution
Conflicts may arise and biases may be expressed that do not fall under this Policy. In addition, even complaints alleging conduct that falls under this Policy may be addressed and resolved by an informal resolution process which may include direct and/or facilitated communication between the people involved, or other informal resources and engagement. The Office for Inclusive Excellence provides appropriate opportunities and resources to support informal resolution.
Informal resolution will be initiated at the discretion of the Office for Inclusive Excellence, taking into consideration the desire of the Complainant and the University’s interest in maintaining a discrimination and harassment free environment. Informal resolution will only be undertaken with the voluntary consent of the Complainant and Respondent(s) after written notice of the allegations and the opportunity to participate in the informal resolution process.
D. Investigation
Where informal resolution is not pursued or did not yield a resolution and the initial assessment determines the conduct alleged is conduct prohibited by the Anti-Discrimination Policy and Discriminatory Harassment Policy, OIE will initiate an Investigation.
Initiation of Investigation
- OIE will send Complaint and Respondent(s) a written Notice of Investigation.
- In instances where the Complainant and/or Respondent are faculty or staff of SHU, the Office of Human Resources will be notified. The Respondent’s immediate supervisor will also be notified of the investigation but will not be provided details of the allegations nor the names of the people involved beyond their direct report.
- In instances where the Respondent is a SHU student, the Office for Student Conduct and Community Standards will be notified.
- The Notice of Investigation will state the allegations with specificity and will include the procedures of the investigation.
- OIE will discuss and implement supportive measures with Complainant and Respondent(s) as necessary.
Investigation
- OIE will attempt to collect all relevant information and evidence. While OIE will have the burden of gathering evidence, it is crucial that the parties present evidence and identify witnesses to OIE so that all relevant information may be considered during the investigation.
- OIE will interview Complainant and Respondent and any other individuals OIE deems necessary to determine facts. OIE may seek to clarify certain information and expects Complainant and Respondent will be reasonably available to OIE in this process.
- After a thorough investigation, and within thirty (30) business days of initiating the investigation, OIE will complete a written Investigative Report or notify the parties of its need for additional time to complete the Report, which shall not be unduly delayed.
- The Investigative Report will summarize all relevant information obtained during the Investigation and which will be relied upon to make findings of fact and determinations of responsibility. The Investigative Report is the property of the University and shall remain in the custody Office for Inclusive Excellence.
- Once completed, OIE will issue a Letter of Findings and Determinations to University Human Resources or the Office of Student Conduct and Community Standards as appropriate. Those Departments will be responsible for determining appropriate responses to the findings and determinations and will provide a copy of the Findings and Determinations Letter to Respondent along with its response or remedies it determines is appropriate.
- OIE will provide the Complainant with a copy of the Letters of Findings and Determinations. The Complainant will not be informed of the Human Resources or Student Conduct and Community Standards response to the Letter as those responses are confidential employee or student information.
- Where violations of the Policy are found, Sacred Heart University will take action to stop the violation, prevent a reoccurrence and correct any discriminatory effect. Such action may include education, counseling, warning, disciplinary action, termination of employment, withdrawal of admission offer and expulsion.
- A confidential record of the investigation will be maintained in a private file in the Office for Inclusive Excellence subject to SHU record retention policy.
- Standard of evidence: Sacred Heart University applies the preponderance of the evidence standard in making findings of fact under these Anti-discrimination and Discriminatory Harassment Policy Procedures.This standard is met when it is “more likely than not” that the conduct or incidents occurred as alleged.
- Determination of Responsibility Standard: Determinations of responsibility for Policy violations are only made where there is sufficient evidence to make a finding of fact.
- Presumption of Not Responsible: The Respondent is presumed not responsible when an investigation is initiated. OIE has the burden of establishing a preponderance of facts that support a finding of responsibility for each allegation.
ADDITIONAL RIGHTS AND PROCEDURES
Free Speech
The Anti-Discrimination and Discriminatory Harassment Policy is not intended and will not be implemented or invoked to inhibit or restrict free speech or the expression of ideas. SHU places great value on freedom of expression and vigorous debate. SHU also recognizes the importance of mutual respect and civil discourse, and SHU does not tolerate hatred directed against any person(s).
No Retaliation
Retaliation against any person who files a complaint, participates in an investigation, or opposes a discriminatory employment or education practice or policy is prohibited by University policy and federal and state law. Please immediately report complaints of retaliation to the Director of Institutional Equity Compliance and Support.
Self-Representation
A person exercising their right to invoke these Procedures or a Respondent in an investigation is expected to represent themselves directly in the process but is free to request the attendance of a support person. If a party would like a support person to attend a meeting with them, they must give written notice to OIE at least twelve (12) hours in advance. OIE reserves the right to decline such a request in its reasonable discretion. The support person may be present solely to advise or support the Complaint or Respondent and may not speak on their behalf in the interview or other investigation communications.
Appeals
If a Complainant or Respondent has discovered material evidence not reasonably available during the investigation, or believes, in good faith, that investigation was not conducted according to these Procedures they may appeal the findings or determinations to the Chief Diversity and Inclusion Officer.
This Appeal must be made in writing within ten (10) business days of the Letter of Determination. The review by the CDIO will be completed within thirty (30) business days of the Appeal and submitted in writing either sustaining the investigation result or reopening the investigation for further consideration if the investigation was not conducted as described above or due to the discovery of evidence not reasonably available during the investigation. The decision on the appeal will be final.
DEFINITIONS
Terms have the following meanings when used in these Procedures:
Discrimination is adverse or less favorable treatment of a person(s), based on perceived or actual color, national origin, ethnicity (including ancestry), religion, creed, political affiliation, citizenship or immigration status, sex (including but not limited to romantic or sexual orientation, gender identity, gender expression, genetic information, pregnancy, child-birth and related conditions, marital or domestic partnership status, family responsibilities, and domestic violence victim status) physical, mental, learning and intellectual disability, age, veteran or military status, or any other protected category under applicable local, state or federal law, which adversely affects their access to or full participation in SHU programs, activities, services or employment.
Discriminatory Harassment is (1) unwelcome conduct (2) based on a person(s)’ perceived or actual, national origin, ethnicity (including ancestry), religion, creed, political affiliation, citizenship or immigration status, sex (including but not limited to romantic or sexual orientation, gender identity, gender expression, genetic information, pregnancy, child-birth and related conditions, marital or domestic partnership status, family responsibilities, and domestic violence victim status) physical, mental, learning and intellectual disability, age, veteran or military status, or any other protected category under applicable local, state or federal law, where (3)(a) enduring the conduct becomes a condition of participation in a SHU program, activity, service or employment or (b) the conduct is severe or pervasive enough to create an environment in a SHU program, activity, service or employment that a reasonable person in the same position as the individual would consider intimidating, hostile or abusive.
Unwelcome conduct that could constitute Discriminatory Harassment includes, but is not limited to, epithets, derogatory comments or slurs, lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults such as derogatory posters, cartoons and social media posts.
Even when Harassment is not based on a protected characteristic listed above, Sacred Heart University has an interest in knowing and addressing such instances of Harassment in the University community. Harassment is in violation of the Student Code of Conduct and the Employee Handbook and the University community is encouraged to report such behavior.
Retaliation is intentional adverse action taken by a responding individual or allied third party, absent legitimate nondiscriminatory purpose, against any member of the University community who (1) files a report, complaint or grievance under the Anti-Discrimination or Discriminatory Harassment Policy; (2) opposes, in a reasonable manner, actions or policies believed to be in violation of this Policy; or (3) participates in any investigation or resolution process, at Sacred Heart University or with the Equal Employment Opportunity Commission, the State of Connecticut Commission on Human Rights and Opportunities, or other human rights agencies.