Missouri Southern State University Non-Discrimination and Anti

Missouri Southern State University

Non-Discrimination and Anti-Harassment Policy and Complaint Resolution Procedures

I. Policy Statement

Missouri Southern State University (the “University”) is committed to maintaining an environment

for all faculty, staff, students, and third parties that is free of illegal discrimination and

harassment. In keeping with that policy, the University prohibits discrimination and harassment by

or against any faculty, staff member, student, applicant for admissions or employment, vendor,

contractor, or other third-party (collectively the “University Community”) because of their race,

color, national origin, ancestry, religion, sex, pregnancy, sexual orientation, gender identity, age,

genetic information, disability, veteran status, or any other legally-protected class (collectively

“protected status”).

The University will thoroughly and promptly investigate all complaints of discrimination and

harassment in accordance with the Non-Discrimination and Anti-Harassment Complaint Resolution

Procedures, except that complaints involving any form of sexual misconduct (including sexual

harassment) will be governed exclusively by the University’s Sexual Misconduct Policy and

Complaint Resolution Procedures. Also, while issues related to possible disability-based

discrimination will be resolved through this process, student complaints regarding disability

accommodations will be handled pursuant to Procedure 9.01. Additionally, employee complaints

regarding disability accommodations will be handled pursuant to the Complaint Resolution Policy.

If an investigation confirms that discrimination or harassment has occurred, the University will take

prompt and appropriate remedial action to prevent the discrimination or harassment, eliminate any

hostile environment, prevent recurrence of the misconduct, and correct its discriminatory effects on

the victim and others, if applicable.

II. Scope

This policy applies to all members of the University Community as well as others that participate in

the University’s educational programs and activities, including third-party visitors on campus. The

University’s prohibition on discrimination and harassment extends to all aspects of its educational

programs and activities, including, but not limited to, admissions, employment, academics, athletics,

housing, and student services.

III. Definitions

A. Discrimination

Discrimination is materially adverse conduct directed at a specific individual or a group of

identifiable individuals based on their protected status and that subjects the individual or group to

treatment that adversely affects their participation in employment, academics, and/or the University’s

other educational programs and activities.

B. Harassment

Harassment is generally defined as verbal, written, or physical conduct based on or motivated by an

individual’s protected status that unreasonably interferes with an individual’s work or academic

performance or creates a hostile work or educational environment by interfering with or limiting a

person’s ability to participate in the University’s educational programs and activities. Harassing

conduct may take many forms, including verbal acts and name-calling, as well as nonverbal

behavior, such as graphic and written statements, or conduct that is physically threatening, harmful,

or humiliating. This policy provides more specific definitions of disability harassment and racial

harassment below; however, harassment based on any protected status is prohibited.

C. Disability Harassment

Disability harassment is harassment motivated by a person’s disability. Disability harassment

constitutes discrimination on the basis of disability, which is prohibited by Section 504 of the

Rehabilitation Act and its implementing regulations and the Americans with Disabilities Act and its

implementing regulations.

Some examples of disability harassment include:

• Fellow students continually remark that a student with a disability is “retarded” or “deaf and

dumb” and does not belong in class or on a team

• A student intentionally impedes a wheelchair-bound employee by placing objects in his or

her path

• A professor belittles or criticizes a student with a disability for requiring the use of

accommodations with the result that the student is discouraged or feels alienated

• Fellow students taunt or belittle a person with a disability by mocking or intimidating her so

she does not participate in class

D. Racial Harassment

For purposes of this policy, racial harassment is harassment motivated by a person’s race, color, or

national origin. Racial harassment constitutes discrimination on the basis of race, which is prohibited

by Titles VI and VII of the Civil Rights Act and their implementing regulations.

Some examples of racial harassment include:

• The use of racial epithets or slurs by staff or students

• A professor tells racist jokes that target persons of a particular national origin

• A coach uses stereotyping based on race, color, or national origin

• Fellow students circulate or publish written or graphic materials (such as graffiti) that show

hostility to a racial or ethnic group

• A student in a residence hall places racially inflammatory symbols on the wall for the

purpose of intimidating or harassing others

IV. Complaints

A. Making a Complaint

A member of the University Community that wishes to make a complaint of discrimination or

harassment may do so by contacting the appropriate individual below:

Faculty, staff and third parties should report a potential violation of this policy to:

Evan Jewsbury

Chief Human Resources Officer

Hearnes Hall Room 217B

Tel: 417-625-9805

Email: jewsbury-e@mssu.edu

Students and prospective students should report a potential violation of this policy to:

Landon Adams

Director of Student Life & Conduct

Office: BSC 347B

Phone:

417-625-9531

Email: adams-l@mssu.edu

B. Content of the Complaint

So that the University has sufficient information to investigate a complaint, the complaint should

include: (1) the date(s) and time(s) of the alleged conduct; (2) the names of all person(s) involved in

the alleged conduct, including possible witnesses; (3) all details outlining what happened; and (4)

contact information for the complainant so that the University may follow up appropriately.

C. Conduct that Constitutes a Crime

Any person who wishes to make a complaint of discrimination or harassment that also constitutes a

crime—including hate crimes, assault, or property offences—is encouraged to make a complaint with

the University Police Department (Emergencies: 911; Non-emergencies:

417-626-2222) or local law

enforcement. If requested, the University will assist the complainant in notifying the appropriate law

enforcement authorities. In the event of an emergency, please contact 911. A victim may decline to

notify such authorities.

D. Timing of the Complaint

The University encourages persons to make complaints of discrimination and harassment as soon as

possible because late reporting may limit the University’s ability to investigate and respond to the

conduct complained of.

E. Anonymous Complaints

While anonymous complaints will be accepted, the University may be limited in its ability to

investigate or resolve anonymous complaints. If the anonymous complaint contains sufficient

information regarding the conduct, the University will take reasonable steps to address the concerns

in coordination with any relevant department or division.

F. Bad Faith Complaints

While the University encourages all good faith complaints of discrimination and harassment, the

University has the responsibility to balance the rights of all parties. Therefore, if the University’s

investigation reveals that a complaint was knowingly false, the complaint will be dismissed, and the

person who filed the knowingly false complaint may be subject to discipline.

V. Retaliation

It is a violation of this policy to retaliate against any member of the University Community who

reports or assists in making a complaint or who participates in the investigation of a complaint in any

way. Persons who believe they have been retaliated against in violation of this policy should make a

complaint in the manner set forth in Section IV.A.

VI. Investigation and Confidentiality

All complaints of discrimination and harassment will be promptly and timely investigated in

accordance with the Non-Discrimination and Anti-Harassment Complaint Resolution Procedures,

and the University will take disciplinary action where appropriate. The University will take

reasonable and appropriate efforts to preserve an individual’s privacy and protect the confidentiality

of information when investigating and resolving a complaint. However, because of laws relating to

reporting and other state and federal laws, the University cannot guarantee confidentiality to those

who make complaints.

In the event a complainant requests confidentiality or asks that a complaint not be investigated, the

University will take all reasonable steps to investigate and respond to the complaint consistent with

the request for confidentiality or request not to pursue an investigation. If a complainant insists that

his or her name not be disclosed to the alleged perpetrator, the University’s ability to respond may be

limited. The University reserves the right to initiate an investigation and take action despite a

complainant’s request for confidentiality in limited circumstances involving serious or repeated

harassment or where the alleged perpetrator may pose a continuing threat to the University

Community.

VII. Resolution

If a complaint is found to be substantiated, the University will take appropriate corrective and

remedial action. Students, faculty, and staff found to be in violation of this policy will be subject to

discipline up to and including written reprimand, probation, suspension, demotion, termination, or

expulsion. Affiliates and program participants may be removed from the University’s programs

and/or prevented from returning to campus. Remedial steps may also include counseling for the

complainant; academic, work, transportation, or living accommodations for the complainant;

separation of the parties; and training for the respondent and other persons.

VIII. Limitations

Petty slights, minor annoyances, and isolated incidents (unless severe) of rude, uncivil, or non-

collegial behavior will generally not rise to the level of a policy violation and should be addressed to

a supervisor (or for students, the Office of Student Affairs). The legitimate exercise of supervisory

authority, including oversight, evaluation, and requiring adherence to standards of performance,

conduct, and safety, is not considered discrimination, harassment, or retaliation under this policy.

IX. Freedom of Speech and Academic Freedom

While discrimination and harassment can include verbal and written conduct, the First Amendment

to the U.S. Constitution and University policies establishing academic freedom provide significant

space for individuals to express controversial views, teach controversial subjects, and engage in

controversial research. As such, the offensiveness of a particular expression, course content, subject

of academic inquiry, or research topic, as perceived by some, standing alone, is not sufficient to

constitute a violation of this policy. The University will apply and construe this policy consistent

with the legal rights of community members under the First Amendment, similar Missouri state laws

governing freedom of speech, and University policies governing academic freedom.

Faculty members and students should be aware that conduct occurring in the context of

educational instruction may exceed the protections of free speech and academic freedom if it

meets the definition of harassment and is not germane to academic subject matter, lacks a

pedagogical purpose, advances the personal interest of a faculty member or student without

relating to the learning process or legitimate academic objectives, causes material adverse

action against a person, reveals confidential information about a person, is defamatory or

libelous, threatens physical harm or imminent violence, or constitutes some other category of

speech that is unprotected by the U.S. Constitution or other law.

Complaint Resolution Procedures

I. Scope

These complaint resolution procedures apply to all complaints alleging discrimination, harassment,

and retaliation prohibited by the University’s Non-Discrimination and Anti-Harassment

Policy. Complaints of sexual misconduct (including sexual harassment) are governed exclusively by

the University’s Sexual Misconduct Policy and Complaint Resolution Procedures.

II. Administration

For purposes of these complaint resolution procedures, “Investigating Officer” means one or more

appropriate University officials designated by the Chief Human Resources Officer or the Vice

President for Student Affairs (both referred to as a “Director” under this policy). The Investigating

Officer shall discharge his or her obligations under these complaint resolution procedures fairly and

impartially. If the Investigating Officer determines that he or she cannot apply these procedures

fairly and impartially because of the identity of a complainant, respondent, or witness, the Director

shall designate another appropriate individual to administer these procedures.

III. Investigation and Resolution of the Complaint

A. Commencement of the Investigation

Once a complaint is made, the Investigating Officer will commence an investigation of it as soon as

practicable, but generally not later than seven (7) business days after the complaint is made. The

purpose of the investigation is to determine whether it is more likely than not that the alleged

behavior occurred and, if so, whether it constitutes a violation of the Non-Discrimination and Anti-

Harassment Policy. During the course of the investigation, the Investigating Officer may receive

counsel from other University officials and legal counsel as determined necessary. Some complaints

may involve a preliminary inquiry into whether the matter falls under this policy or requires referral

for treatment under a different policy.

In certain narrow circumstances, the investigation may commence even if the complainant requests

that the matter not be pursued. In such a circumstance, the Investigating Officer will take all

reasonable steps to investigate and respond to the matter in a manner that is informed by the

complainant’s articulated concerns.

B. The Content of the Investigation

During the investigation, the complainant will have the opportunity to describe his or her allegations

and identify supporting witnesses or other evidence. The respondent will have the opportunity to

respond to the allegations and identify supporting witnesses or other evidence. The Investigating

Officer will review statements and, depending on the circumstances, may interview others with

relevant knowledge, review documentary materials, and take any other appropriate action to gather

and consider information relevant to the complaint. All parties and witnesses involved in the

investigation are expected to cooperate and provide complete and truthful information.

C. Interim Measures

At any time during the investigation, the Investigating Officer may determine that interim remedies

or protections for the parties involved or witnesses are appropriate. These interim remedies may

include separating the parties, placing limitations on contact between the parties, suspension, or

making alternative living, class-placement, or workplace arrangements. Supervisors, staff advisors,

and other University employees may be notified of interim measures if their notification is necessary

to ensure the interim measures are appropriately observed. Failure to comply with the terms of these

interim remedies or protections may constitute a separate violation of the Non-Discrimination and

Anti-Harassment Policy.

D. Findings Of The Investigation

At the conclusion of the investigation, the Investigating Officer will prepare a preliminary written

report. The written report will explain the scope of the investigation and explain whether any

allegations in the complaint were found to be substantiated by a preponderance of the evidence.

The preliminary written report will be submitted to the Director. The Director may accept the

preliminary written report, request to review additional information, including summaries of

party/witness statements or other information, or return the preliminary report for further

investigation. After the review of the preliminary report is complete, the Director will, for both the

complainant and the respondent, prepare and deliver a written determination of the complaint. The

determination will be one of three outcomes:

1. Finding “No Violation”

If there is a determination that the behavior investigated did not violate the Non-Discrimination Anti-

Harassment Policy, both parties will be so informed.

2. Finding “Inappropriate Behavior Not Rising To The Level Of A Violation”

There may be a determination that the behavior investigated did not violate the Non-Discrimination

and Anti-Harassment Policy but was inappropriate, unprofessional, or violated some other University

policy. The Director may determine that such inappropriate behavior merits discipline, ongoing

monitoring, coaching, or other appropriate action. If so, the Director may initiate further proceedings

or impose disciplinary measures consistent with University policy.

3. Finding “Violation”

If there is a determination that the behavior violated the Non-Discrimination and Anti-Harassment

Policy, the Director, in consultation with any appropriate administrator, dean, or other manager, will

determine appropriate corrective and disciplinary action to be taken. In addition, the Director will

implement reasonable and appropriate measures to ensure that the complainant is not subject to

further misconduct and to remedy the effects of any misconduct that may have occurred, including

any effect the conduct may have had on the campus community at large. Remedial steps may

include, but are not limited to, counseling or training, separation of the parties, and/or discipline of

the respondent, including written reprimand, suspension, demotion, termination, or expulsion in

accordance with University policy. Remedial steps that do not directly affect the respondent shall be

redacted from the respondent’s copy of the written summary of findings.

E. Special Procedure Concerning Complaints Against the President, the Director, and

Senior Administrators

If a complaint involves alleged conduct on the part of the University President, the University Board

of Governors will designate an appropriate person to conduct the investigation required by these

procedures. The written report of the investigation will be presented to the full Board of Governors,

which will prepare and issue the written determination and implement any appropriate and

reasonable measures. The resolution issued by the full Board of Governors is final and not subject to

appeal.

If a complaint involves alleged conduct on the part of the Director or any senior administrator, the

President will designate an appropriate person to conduct the investigation required by these

procedures. The written report of the investigation shall be presented to the President or an

appropriate designee(s), who will prepare and issue the written determination and implement

appropriate and reasonable measures. The resolution issued by the President or the President’s

designee(s) is not subject to appeal.

F. Informal Resolution

Informal means of resolution, such as mediation, may be used in lieu of the formal investigation and

determination procedure. However, informal means may only be used if all parties consent and the

Director approves of informal resolution. Either party or the Director may terminate the informal

resolution and insist on a formal investigation and determination, at any time.

IV. Appeals

A. Grounds of Appeal

The complainant or respondent may appeal the determination only on the following grounds:

• The decision was contrary to the substantial weight of the evidence,

• There is a substantial likelihood that newly discovered information, not available at the time

evidence was presented to the Director, would result in a different decision,

• Bias or prejudice on the part of the Director, or

• The punishment or the corrective action imposed is disproportionate to the offense.

B. Method of Appeal

Appeals must be filed with the Vice President for Student Affairs (if the respondent is a student) or

the Vice President of Business Affairs (if the respondent is a non-student) (the “Appeals Officer”)

within ten (10) business days of receipt of the written determination of the complaint. The appeal

must be in writing and contain the following:

• Name of the complainant,

• Name of the respondent,

• A statement of the resolution of the complaint, including corrective action if any,

• A detailed statement of the basis for the appeal including the specific facts, circumstances,

and argument in support of it, and

• Requested action, if any.

The appellant may request a meeting with the Appeals Officer, but the decision to grant a meeting is

within the Appeals Officer’s discretion. However, if a meeting is granted, then the other party will

be granted a similar opportunity.

C. Resolution of the Appeal

The Appeals Officer will resolve the appeal within fifteen (15) business days of receiving it and may

take any and all actions that he or she determines to be in the interest of a fair and just decision. The

decision of the Appeals Officer is final. The Appeals Officer shall issue a written statement of the

resolution of the appeal, including any changes made to the previous written determination. The

written statement shall be provided to the complainant, respondent, and the Director within three (3)

business days of the resolution.

V. Documentation

Throughout all stages of the investigation, resolution, and appeal, the Director, the Investigating

Officer, and the Appeals Officer, as the case may be, are responsible for maintaining documentation

of the investigation and appeal, including documentation of all proceedings conducted under these

complaint resolution procedures, which may include written findings of fact, transcripts, and audio

recordings.

VI. Intersection With Other Procedures

These complaint resolution procedures are the exclusive means of resolving complaints alleging

violations of the Non-Discrimination and Anti-Harassment Policy. To the extent there are any

inconsistencies between these complaint resolution procedures and other University grievance,

complaint, or discipline procedures, these complaint resolution procedures will control the resolution

of complaints alleging violations of the Non-Discrimination and Anti-Harassment Policy.