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Discrimination and Harassment Policy

Policy Statement

HJI is committed to providing a working and learning environment where all members feel valued and are fully empowered to claim a place in and responsibility for our shared working, living, and learning community. Members of HJI community, guests, and visitors have a right to be free from discrimination and harassment and to be treated with respect. HJI does not discriminate in the administration of its educational policies, admissions policies, scholarships and loan programs, and other HJI programs and activities, and does not tolerate discrimination or harassment of its faculty, administration, staff, students, or visitors.

The school prohibits discrimination on the basis of race, color, religion or religious belief, citizenship status, sex, marital status, disability, pregnancy, sexual orientation, gender identity or expression, national origin, military service or affiliation, genetic information, age, and any other characteristics protected by law.

Scope of Policy

This Policy prohibits discrimination against or harassment of members of the HJI community and guests. Its scope is inclusive of, but is not limited to, any individuals regularly or temporarily employed, studying, visiting, or with an official capacity at HJI (such as volunteers and contractors).

The filing of a complaint under this Policy is independent of any external investigation or court proceeding, and HJI will not necessarily wait for the conclusion of any external investigation or proceeding to commence its own investigation and to take immediate steps to ensure the safety and well-being of members of the campus community. An allegation of discrimination or harassment is not proof of prohibited conduct, and a claim will not be taken into account during performance review, promotion, reappointment, or other evaluation unless a final determination has been made that the Policy has been violated, or an agreement has been reached as part of an informal resolution process. If necessary and appropriate, decisions regarding extension, reappointment, or promotion may be deferred, in consultation with the appropriate supervisor or review committee, until the matter is resolved.

Relationship to Academic Freedom and Responsibility

As articulated in HJI statement on academic freedom, HJI is dedicated to freedom of inquiry in the pursuit of truth, is vigilant in defending the right of individuals to free speech, and is dedicated to the cultivation of an atmosphere in which all of its members may study, live, and work free from intolerance, discrimination, and harassment. The Policy will not be construed as undermining the principle of academic freedom, which may include the introduction of controversial and challenging matters and demanding methods of inquiry within the teaching environment. However, discrimination and harassment are not legally protected, nor are they excused by reference to academic freedom of expression. Discrimination and harassment undermine the educational mission of the institution, its integrity, and the intellectual, working, and living environment for members of our community.

Definitions

  1. Discrimination is any distinction, preference, advantage for, or detriment to an individual compared to others that is based on an individual’s actual or perceived race, color, religion or religious belief, citizenship status, sex, marital status, disability, pregnancy, sexual orientation, gender identity or expression, national origin, military service or affiliation, genetic information, or age that adversely affects a term or condition of an individual’s education, living environment, or participation in an HJI activity, or is used as the basis for or a factor in decisions affecting that individual’s education, living environment, or participation in an HJI activity.
  1. Discriminatory Harassment is unwelcome conduct directed toward an individual based on the individual’s actual or perceived race, color, religion or religious belief, citizenship status, sex, marital status, disability, pregnancy, sexual orientation, gender identity or expression, national origin, military service or affiliation, genetic information, or age that is so severe, persistent, or pervasive that it has the purpose or effect of unreasonably interfering with an individual’s educational performance or creating an intimidating, hostile, offensive, or abusive environment for that individual’s education, living environment, or participation in an HJI activity.
  1. Retaliatory Harassment is intentional action taken by an individual or allied third party, absent legitimate nondiscriminatory reasons, that harms an individual as reprisal for filing a grievance or for participating in an investigation or grievance proceeding.
  1. Sexual Harassment is a form of unlawful gender-based discrimination. It may involve harassment of women by men, harassment of men by women, and harassment between persons of the same sex. Sexual harassment is defined as unwelcome gender-based verbal or physical conduct that it sufficiently severe, persistent or pervasive that it unreasonably interferes with, limits, or deprives someone of the ability to participate in or benefit from HJI’s educational program or activities or employment benefits or opportunities. The unwelcome behavior may be based on power differentials (such as in quid pro quo harassment where submission to or rejection of unwelcome sexual conduct by an individual is used as the basis for employment or academic decisions), the creation of a hostile environment, or retaliation.

For sexual harassment or Title IX-related issues specifically, please refer to HJI’s Sexual Misconduct Policy. Examples of sexual harassment may include, but are not limited to:

  • Egregious, unwanted sexual attention or other verbal or physical conduct of a sexual nature
  • Implied or overt threats of punitive action, a result of rejection of sexual advances
  • Conditioning a benefit on an individual’s acceding to sexual advances
  • Unwelcome, sexually explicit messages, statements, or materials
  • Attempting to coerce an unwilling person into a romantic or sexual relationship
  • Sexual violence
  • Intimate partner violence
  • Stalking, including cyberstalking
  • Gender-based bullying

Record Retention for Discrimination and Harassment Complaints

Records relating to discrimination and harassment reports, investigations, and resolutions will be maintained in accordance with HJI records policies, generally for at least seven (7) years after the date the complaint is resolved. Records may be maintained longer in cases where the parties have a continuing affiliation with the school. All records pertaining to pending litigation or a request for records will be maintained in accordance with instructions from legal counsel.

Complaint Procedure

Violations of this policy will be dealt with using appropriate disciplinary action including expulsion or discharge. For complaint procedures related to sexual harassment or misconduct, please refer to the Sexual Misconduct Policy. Any student or employee who feels they have been subjected to other forms of harassment or discrimination shall file a written report within thirty (30) days of the conduct to the Vice President for Administration or the Provost. HJI will conduct a prompt and confidential investigation. If the Vice President for Administration or Provost is the object of the complaint, the written report should be sent directly to the President.

Reporting Obligations under the Clery Act

Certain campus officials also have a duty to report sexual assault and other crimes for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on-or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report.

This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety.   Mandated federal reporters include: student conduct administrators, safety and security personnel, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations, and “any other official with significant responsibility for student and campus activities.” The information to be shared includes the date, the location of the incident (using Clery location categories), and the Clery crime category.

This reporting protects the identity of the victim and may be done anonymously. All Clery reports of sexual assault and other crimes should be reported to Campus Safety.

Refer to the Student Handbook for a detailed description of all of the policies concerning sexual misconduct, discrimination, harassment, reporting of incidents and crimes as well as all complaint and grievance processes. Additionally, the Student Handbook contains all contact information that students need with names, positions, and contact information noted.