6.5 Policy Statement on Discrimination and Harassment
6.5.1 Introduction
Part of the three-fold purpose of Calvin College is "to perform all our tasks as a caring and diverse community." The members of this community are part of a unity that transcends boundaries of personal characteristics.We are a communion of saints in which each member contributes to the service and support of the other members. Each person, faculty, staff and student who has chosen to join the Calvin community thereby declares he or she is willing to uphold the community's stated standards of conduct.
This policy statement on discrimination and harassment explicitly states our community's commitment to treat all its members with dignity and respect as image-bearers of the Creator. Discrimination, harassment, and retaliation which violate this policy will not be tolerated and will be subject to disciplinary action.
6.5.2 Policy Statement
Calvin College prohibits unlawful discrimination on the basis of race, color, national origin, age, religion, disability, gender, marital status, sexual orientation or other characteristics protected by federal, state or local statute or ordinance.
Calvin College affirms its commitment to maintaining a learning, working, and living environment which is fair, respectful, and free from harassment. Calvin College will apply this policy to all persons who are members of the faculty, staff, or student body. This policy expressly applies to forms of harassment which are prohibited by federal, state or local statute or ordinance. In addition, there are other forms of improper harassment, based on characteristics which are not protected by these statutes. It is the policy of Calvin College that, although such harassment may not be expressly prohibited by law, such harassment nevertheless has no place here and will be subject to disciplinary action. Illustrative examples include harassment based upon physical appearance or social or economic status.
No one at the college may retaliate in any way against a person who makes a report of discrimination or harassment.
6.5.3 Prohibited Conduct
It is a violation of this policy to engage in any of the following conduct:
- Unlawful discrimination in providing employment or educational opportunities, benefits or privileges; the creation of unlawful discriminatory work or educational conditions, or the use of unlawful discriminatory evaluation standards in employment or education if the basis of that treatment is, in whole or in part, the person's race, color, national origin, age, religion, disability, gender, marital status, sexual orientation or other characteristics protected by law or this policy.
- Harassment is severe or repeated unwelcome sexual advances or verbal comments of a sexual nature or verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her legally protected characteristic, or other personal characteristic which is covered by this policy.
Harassment includes:
- Unwelcome conduct or language which creates an intimidating, hostile or offensive working environment, including epithets, slurs or negative stereotyping; threatening, intimidating, derogatory, or hostile acts; denigrating jokes; written or graphic material that degrades or shows hostility or aversion toward an individual or group. It also includes interfering with or blocking a person's legitimate movement or access in the classroom or workplace, the use of profanity to convey hostility toward others and pranks or horseplay intended to embarrass or humiliate others.
- Making submission to unwelcome sexual advances, submission to requests for sexual favors, or submission to other unwelcome verbal or physical conduct of a sexual nature a condition of any person's employment or association with the College. It also includes making submission to, or rejection of, such conduct the basis for decisions affecting a person's employment or academic status or opportunity, for examples, decisions regarding salary increases, promotions, transfers, evaluations, etc., and decisions regarding grades, recommendations, admissions, fellowships or other opportunities, etc.
- Retaliation against anyone for reporting discrimination or harassment or for participation in an investigation of a claim of harassment or discrimination.
6.5.4 Reporting, Investigation and Remedial Action
The College encourages the reporting of all perceived incidents of discrimination, harassment or retaliation regardless of the offender's identity or position. If you believe you have been the victim of conduct prohibited by this policy or witnessed such conduct, you should discuss your concerns as follows:
- Students ordinarily will bring reports to the dean of students for judicial affairs. This would apply to student reports concerning faculty, staff, or fellow students.
- Staff ordinarily will report to the director of human resources.
- Faculty members ordinarilywill report to an academic dean.
If the circumstances make it inappropriate to discuss the matter with the person designated above, the matter may be brought to any on of the other persons listed above.
While there is no specific reporting time, early reporting and intervention are the most effective method of resolving actual or perceived incidents of harassment.
In addition to reporting the behavior, persons who believe they are being subjected to such conduct may, either alone or with a colleague, advise the offender that his or her behavior is unwelcome and request that it be discontinued. Prompt notice often can resolve the problem. The College recognizes, however, that an individual may prefer to use only the reporting procedure described above.
Reported allegations of discrimination, harassment, or retaliation will be promptly and thoroughly investigated. Confidentiality will be maintained consistent with an adequate and thorough investigation and appropriate corrective action. At any time after a report is made, an informal resolution process may be suggested. However, participation in such a process is voluntary, and if the reporting person or the accused declines, the formal procedure will continue.
Complaints against faculty will be processed according to the procedures in the Handbook for Teaching Faculty (Section 6.1). Complaints against staff will be processed according to the procedures in the Staff Handbook. Complaints against students will be processed according to the procedures in the Student Handbook. Complaints against other persons, such as visitors or third party suppliers doing business within the Calvin community, will be processed in a manner suitable for the circumstances, as determined by the College.
Individuals found to have violated this policy will be subject to disciplinary action which may include sanctions up to and including termination of employment or enrollment.
6.5.5 False Complaints
The College will seriously investigate all complaints. However, it also recognizes that false complaints are likely to cause significant damage to the person and reputation of an individual who is wrongfully accused. Individuals found to have knowingly made false complaints will be subject to disciplinary action which may include sanctions up to and including termination of employment or enrollment.
A complaint which is erroneous, but was made in good faith, will not be subject to disciplinary action.
6.5.6 First Amendment Considerations
Calvin College is a Christian institution situated within the Reformed tradition. As such, the College may, under the Free Exercise Clause of the First Amendment to the Constitution of the United States and various relevant statutes, lawfully discriminate on the basis of religious and confessional criteria in its hiring, personnel practices and admissions. One example is the College's use of religious faith, confessional commitments and church membership as conditions of employment for faculty and administrators with faculty status. Another example relates to sexual conduct. Though it is the College's policy to assure equal opportunity in its hiring, personnel practices and admissions without regard to marital status or sexual orientation, sexual relations outside of marriage are proscribed (see e.g., Handbook for Teaching Faculty - Section 6.1.2). Marriage is understood by the College and the Christian Reformed Church, with which it is affiliated, to be a covenantal union between a man and a woman.
The policies and procedures set forth in this document do not abrogate the College's rights under the First Amendment or relevant statutes, nor do they limit the ability of the College to take disciplinary action against members of the community who violate the College's legitimate requirements or standards of behavior.
