Nondiscrimination Policy - Staff Handbook

 

Notice of Nondiscrimination Policy and Title IX Information

Discrimination Grievance Procedures

Notice of Nondiscrimination Policy and Title IX Information

It is the policy of Seattle Pacific University not to discriminate on the basis of race, color, national origin, sex, age, or disability in its programs or activities, as required by applicable laws and regulations. As a religious educational institution operating under the auspices of the Free Methodist Church of North America, Seattle Pacific University is permitted and reserves the right to prefer employees or prospective employees on the basis of religion.

If you have any questions regarding this policy, please contact either of the following persons:

  • Vice President for Student Life, (206)-281-2123 (on campus Room 209 Student Union Building), or by mail at Seattle Pacific University 3307 Third Avenue West, Suite 212, Seattle, WA 98119-1997.
  • Director of Human Resources, by contacting 206-281-2678 or by mail at Seattle Pacific University 3307 Third Avenue West, Suite 302, Seattle, WA 98119-1997.

If you believe you may have been discriminated against in violation of this policy, please immediately contact one of the individuals designated above, or refer to the University's Discrimination Grievance Procedures ( Discrimination Grievance Procedures below).

 ("Grievance Procedures").  Printed copies of the grievance procedures Grievance Procedures may also be obtained from the above designated individuals; the Office of Student Life; or the Office of Human Resources.  If you are viewing a printed copy of this notice, copies of the Grievance Procedures are also posted on the University's website at http://www.spu.edu/depts/hr/staffhandbook/newhandbook/nondiscrimination.htm.  If you have a question regarding Title IX of the Education Amendments of 1972 and its implementing regulations, which prohibit discrimination on the basis of sex in education programs or activities, you may contact the University’s Title IX Coordinator, or the U.S. Department of Education’s Office for Civil Rights. A University supervisory employee or faculty member who has reason to believe that the University’s nondiscrimination policy has been violated should promptly report the incident to one of the grievance officers identified below.

 

Title IX: Sex Discrimination, Sexual Harassment, and Other Sexual Misconduct Policies

Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §§ 1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Programs and activities include, but are not limited to, recruitment, admissions, financial aid, athletics, course offerings, and employment. Sexual harassment, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. It is the policy of Seattle Pacific University not to discriminate on the basis of sex in its programs or activities, as required by applicable law.

Title IX and its implementing regulations require that Seattle Pacific University, as a recipient of Federal financial assistance, designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title IX, including investigating any complaints of sex discrimination. The name, title, and contact information for Seattle Pacific University’s Title IX Coordinator is listed below.

Title IX Coordinator

Name: Gary Womelsduff
Title: Director of Human Resources
Campus Address: Human Resources, 330 W Nickerson
Mailing Address: 3307 3rd Ave W, Suite 302; Seattle WA 98119
Phone: (206) 281-2678
Fax: (206) 281-2388
Email: womelg@spu.edu

Individuals with questions or concerns about Title IX, and/or those who wish to file a complaint of non-compliance, may contact Seattle Pacific University’s Title IX Coordinator. In particular, any person who is aware of an incident of sexual harassment involving a student or employee of Seattle Pacific University, including any acts of sexual violence, should report such incident to the Title IX Coordinator. Complaints of sexual harassment or other sex discrimination may also be made to the following individuals (who, together with the Title IX Coordinator, are referred to in other University policies as "Sexual Misconduct Report Receivers”):

  • Carrie McCrimmon, Associate Director of Human Resources, mccric@spu.edu, (206) 281-2676

  • Cheryl Michaels, Associate Director of Safety and Security, michac@spu.edu, 206-281-2625

  • Joel Pérez, Dean of Students for Community Life, jperez@spu.edu, 206-281-2845

  • Gabriel Jacobsen, Director of Residence Life, jacobseng@spu.edu, 206-281-2067

  • Lynnea Common, Assistant Director of Residence Life, lcommon@spu.edu, 206-281-2478

  • Jenna Fejervary, Safety and Special Investigations Officer, fejerj@spu.edu, 206-281-2922
  • Residence Life Coordinators and Area Coordinators

  • Students may also share information confidentially with counselors at the Student Counseling Center

Individuals may also contact the U.S. Department of Education’s Office for Civil Rights with inquiries concerning the application of Title IX. Seattle Pacific University prohibits retaliation against those who raise complaints or participate in the complaint investigation and resolution process.

Additional information for students: Seattle Pacific University’s Sexual Misconduct Policy for students is contained in the Student Handbook. The Student Handbook also contains Nondiscrimination Complaint Procedures. Additional policies regarding gender-based violence and other campus security information required by The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act can be found at: http://spu.edu/depts/security/has.asp.

Additional information for faculty: Seattle Pacific University’s Policy on Sexual Harassment for faculty is contained in Section 9.6 of the Faculty Handbook. The Faculty Handbook also contains a Policy on Nondiscrimination in Section 9.4.

Additional information for staff: Seattle Pacific University’s policy on Sexual Harassment for staff is contained in the Staff Handbook. The Staff Handbook also contains a Notice of Nondiscrimination Policy and a set of Discrimination Grievance Procedures.

 

Discrimination Grievance Procedures

 

Seattle Pacific University has adopted an internal grievance procedure providing for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973, as amended (involving disability discrimination), the Americans with Disabilities Act, as amended (to the extent applicable to the University), Title IX of the Education Amendments of 1972, as amended (involving sex discrimination), the Age Discrimination Act of 1975, as amended, or its Nondiscrimination Policy.

 

1. Complaints
  a.

Complaints by Students:  For complaints regarding discrimination, refer to the Nondiscrimination Complaint Procedures in the Student Handbook. For complaints regarding sexual harassment, sexual assault, or other sexual misconduct, refer to the Sexual Misconduct Policy in the Student Handbook

 

  b.

 

Complaints by Employees: All discrimination complaints (other than sexual harassment complaints) by faculty members should be filed with the Provost (location: Demaray Hall, Room 210; telephone number: 281-21252962).

All discrimination complaints (other than sexual harassment complaints) by other employees should be filed with the Director of Human Resources (location: 330 W. Nickerson; telephone number: 281-2809).2678).

Sexual harassment complaints should be filed with one of the Sexual Misconduct Report Receivers.  Sexual harassment complaints will be addressed under the procedures set forth in the University's applicable sexual harassment policy.

 

  c.

Discrimination Grievance Officers and Investigators: The Provost, Vice President for Student Life, and Director of Human Resources shall be referred to as discrimination grievance officers. If the designated grievance officer is the accused party, the complaint may be filed with any other grievance officer.  A discrimination grievance officer may serve as the investigator of a complaint or may designate another University official as the investigator.

 

  d.

Complaints by Mail: Complaints may also be mailed to the appropriate discrimination grievance officer at the following address:

  • Vice President for Student Life, Seattle Pacific University, 3307 Third Avenue West, Suite 212, Seattle, WA 98119-1997
  • Director of Human Resources, Seattle Pacific University, 3307 Third Avenue West, Suite 302, Seattle, WA 98119-1997
  • Provost, Seattle Pacific University, 3307 Third Avenue West, Suite 102, Seattle, WA 98119-1997

 

The complaint and its envelope should be marked "Confidential".

 

   

2. Procedure for Discrimination Complaints by Employees (Other than Sexual    

    Harassment)

 

  a.

Contents of Complaint: Complaints must be filed in writing with the discrimination grievance officer and must contain (1) the name and address of the person making the complaint ("Complainant"); (2) a brief description of the alleged discriminatory action or actions; (3) the date or dates of the alleged discriminatory actions; and (4) the person or persons alleged to have engaged in the discriminatory action or actions.

 

  b.

Deadline for filing the Complaint: The complaint must be filed with the appropriate discrimination grievance officer within 30 days after the complainant becomes aware of the alleged discrimination. (Processing of allegations of discrimination that occurred before this grievance procedure was in place will be considered on a case-by-case basis, or under other appropriate grievance procedures).

 

  c.

Informal Resolution: The grievance officer or investigator will notify the appropriate area vice president of the complaint. (for purposes of this policy, the Provost will be considered an area Vice President for any employees not supervised by any other area Vice President).

When the accused party is a faculty member, the grievance officer or investigator should contact the Provost Office.

When the accused party is a student, the grievance officer or investigator should contact the Vice President for Student Life.

When the accused party is a staff employee, the grievance officer or investigator should contact the Director of Human Resources.

The area Vice President (or designee) or Director of Human Resources (or designee) shall determine whether the matter may be promptly resolved informally (for example, when the complaint arises from miscommunication between the parties, or when the accused party admits wrongdoing and agrees to take appropriate corrective action). Informal resolution will be attempted as soon as possible and need not wait for the written response of the accused party, unless deemed appropriate by the area Vice President or Director of Human Resources.

If the area Vice President is the accused party, the grievance officer or investigator will contact the President instead of the Vice President. If the Director of Human Resources is the accused party, the grievance officer or investigator will contact the Senior Vice President for Planning and Administration instead.

 

  d.

Response: The accused party will be provided a copy of the complaint and will provide the investigator a written response within five days after receiving a copy of the complaint. The investigator, in consultation with the vice president (or human resources director, as appropriate), may waive the requirement for a written response if the matter has been informally resolved.

 

  e.

Investigation: If it appears that the matter cannot be informally resolved, the area vice president (or human resources director) will direct the grievance officer to proceed with the investigation. The investigation may be informal, but shall be impartial and as thorough as appropriate under the circumstances. The complainant and the accused party shall be given an opportunity to submit evidence relevant to the filed complaint. The investigator may also interview persons who the investigator believes may have knowledge bearing on the matter and may require the complainant or accused party to provide additional documentation, information or evidence that the investigator deems appropriate.

 

  f.

Determination and Resolution: The investigator will prepare written recommended findings as to the validity of the complaint and will, after consultation with the vice president (or human resources director), recommend resolution of the complaint, if any ("Recommendation"). The Recommendation will then be given to the area vice president, who will make the final decision and communicate the decision to the complainant and the accused party ("Determination").

 

  g.

Appeal: Either party may appeal the Determination by filing a notice of appeal ("Notice") with the President of the University. The Notice must be filed within five days after receipt of the Determination, and must include a copy of the Determination and a description of the errors being appealed. Copies of the Notice shall be provided by the appealing party to the Grievance Officer and the appropriate area Vice President. The Grievance Officer will provide a copy of the Notice to the other party. The other party may file a rebuttal statement to the appeal within five days after receipt of the Notice. The President (or designee) shall review the matter and take any appropriate action, including, but not limited to affirming, modifying or reversing the determination or requiring that additional investigation be performed. The President shall provide a written decision to both parties, the appropriate area Vice President and the investigator.