Student Handbook: Discrimination & Sexual Harassment

COMPLIANCE WITH NON-DISCRIMINATION LAWS AND REGULATIONS

The University deplores the unfair treatment of individuals based on race, gender, socio-economic status, age, physical disability, or cultural differences, as well as attempts at humor that aim to elicit laughter at the expense of an individual or any group of individuals. Rather, members of the student body should embrace the expectation of Scripture to love God with all their being and their neighbors as themselves.

Biola University operates in compliance with all applicable federal and state non-discrimination laws and regulations in conducting its programs and activities and in its employment decisions. As a religious institution, the University is exempted from certain regulations relating to laws and discrimination on the basis of religion. Such laws and regulations include:

1. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin in the programs and activities of the University. This policy of non-discrimination also complies with Internal Revenue Service Revenue Ruling 71-447 required for maintaining the University’s tax-exempt status.

2. Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex, race, color, or national origin.

3. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in the recruitment and admission of students, the recruitment and employment of faculty and staff and the operation of its programs and activities.

4. The Americans with Disabilities Act of 1990 (Public Law 101-336), the purpose of which is to afford the disabled equal opportunity and full participation in life activities and to prohibit discrimination based on disability in employment, public service, public accommodations, telecommunications, and transportation.

5. The Age Discrimination Act of 1975, which prohibits age-based discrimination against persons of all ages in programs and activities of the University.

6. The Age Discrimination in Employment Act of 1967, which prohibits discrimination against persons aged 40 and over regarding employment decisions.

7. Title IX of the Education Amendments of 1972, which prohibits all forms of discrimination on the basis of gender (including sexual harassment) in programs and activities of the University, except where the University has been granted exemptions based on its religious tenets.

SEXUAL HARASSMENT POLICY

It is the policy of Biola University to maintain the university environment as a Christian Community which provides a place for spiritual growth, work and study free of all forms of sexual intimidation and exploitation. All students, staff and faculty should be aware that the university is prepared to take action to prevent such intimidation and exploitation, and that individuals who engage in such behavior are subject to discipline.

Sexual harassment can vary with particular circumstances, but, generally, it is defined as unwelcome or offensive sexual advances, requests for sexual favors, unwanted or uninvited verbal suggestions or comments of a sexual nature, or objectionable physical contact. None of these reflect a Christian attitude or commitment and all adversely affect the working or learning environment. Coercive behavior, including suggestions that academic or employment reprisals or rewards will follow the refusal or granting of sexual favors, or conduct that unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment; constitutes a violation of the University's spiritual and/or educational standards, objectives and goals; and such misconduct will not be tolerated.

Under the direction of the appropriate administrator, the University will fully and effectively investigate any such report and will take whatever corrective action is deemed necessary, including disciplining or discharging any individual who is found to have violated this prohibition against harassment. The reporting student will be informed of the action taken. These university officials will also take action to protect the reporting student, to prevent further harassment or retaliation, and as appropriate, to redress any harm done.

It is the policy of the university not to tolerate sexual harassment, and appropriate disciplinary action will be taken whenever such harassment is demonstrated. Any individuals engaging in such conduct contrary to the university policy may be personally liable in any case brought against them.

A student who feels that he or she has been sexually harassed may meet with a person officially designated to receive reports of discrimination, and to work for resolution in such situations. This reporting procedure is outlined below.

PROCEDURE FOR PROCESSING COMPLAINTS OF UNLAWFUL DISCRIMINATION AND/OR HARASSMENT

I. Intent of the Procedure

Biola University is committed to maintaining the university environment as a Christian community that provides a place for spiritual growth, work, and study free of all forms of unlawful discrimination and sexual harassment. The intent of this procedure is to implement all appropriate civil rights legislation and to make a good faith effort to ensure that no person shall, on the basis of race, ethnic group identification, national origin, age, sex, color, or physical or mental disability, be unlawfully subjected to discrimination under any program or activity offered under the control of Biola University. Complaints of sexual harassment are included in the discrimination complaint procedures described below.

II. General Provisions

A. Coverage:

These procedures apply to the processing of complaints arising from alleged unlawful discriminatory actions including sexual harassment. Any student, applicant for admission, employee or applicant for employment (administrative staff or faculty) who believes that he or she is a victim of discriminatory action may file a complaint under these procedures. Student or employee complaints based on grounds other than discrimination should be pursued under the grievance and appeal procedures contained in the student handbook, faculty handbook, staff handbook, or other applicable mechanism.

B. Definitions:

1. Complainant: The complainant is an individual or group of individuals who believe that unlawful discrimination or sexual harassment may have or has occurred.
2. Respondent: The respondent is an individual or group of individuals against whom an allegation of unlawful discrimination or sexual harassment is made.
3. Complaint: A complaint is an allegation that a student, employee or applicant for admission or employment has been subjected to unlawful discrimination or sexual harassment.

C. Responsible Officer:

The designated individuals (“Responsible Officer”) to receive and process complaints under this procedure are as follows:

1. For student (or applicant) complainants: Dean of Students, Danny Paschall (Student Development, x4874) or Coordinator of Student Care, DeAnn Decker (Student Development, x4874).
2. If the complainant does not meet requirements of the procedure, the Responsible Officer shall immediately notify the complainant of the specific deficiencies of the complaint.

D. Retaliation Prohibited:

Any retaliatory action of any kind by an employee or student of the University against any other employee or student of the University as a result of that person’s seeking redress under these procedures, cooperating with an investigation, or other participation in these procedures is prohibited and may be regarded as the basis for disciplinary action.

E. Privacy:

The privacy and confidentiality of the parties shall be maintained to the extent possible during the processing of a complaint.

F. Resolution Options:

Individuals are encouraged to use this procedure to resolve their complaints of unlawful discrimination or sexual harassment. However, they may also file a complaint at the beginning, during or after use of Biola’s complaint procedure with:

U.S. Department of Education
Office of Civil Rights
50 United Nations Plaza
Room 239
San Francisco, CA 94102

or

U.S. Equal Employment
Opportunity Commission
111 N. Market Street
Suite 810
San Jose, CA 95113

III. Processing of a Complaint

Any person who believes he/she has been discriminated against or sexually harassed may file a complaint with the Responsible Officer. In order for a complaint to be processed, the complaint must be filed within 120 days of the alleged unlawful discriminatory action or sexual harassment, or within 120 days of the complainant learning of the discriminatory action or sexual harassment.

IV. Informal Procedures

The University has established the following informal process to resolve charges of unlawful discrimination or sexual harassment within thirty (30) calendar days:

A. The complainant or person who would like assistance in determining whether unlawful discrimination or sexual harassment has occurred should be referred to the appropriate Responsible Officer.

B. The Responsible Officer shall meet with the concerned individual to:

1.   understand the nature of the concern;
2.   give to complainant a copy of the Biola University policy and procedure concerning unlawful discrimination and sexual harassment and inform complainant of his or her rights under any relevant complaint procedure or policy;
3.   assist the individual in any way advisable.

C. If deemed appropriate, the Responsible Officer shall meet with the Respondent to inform him/her of the nature of the concern.

D. If the parties agree to a proposed resolution that does not include disciplinary action, the resolution shall be implemented and the informal process shall be concluded. At any time, during the informal process the complainant may initiate a formal complaint.

1. Whether or not the complainant files a formal complaint and/or the parties reach a resolution, if the Responsible Officer determines that circumstances so warrant, the Responsible Officer shall initiate a formal investigation and take appropriate actions as necessary to fully remedy any harm that occurred as a result of unlawful discrimination or sexual harassment and to prevent any further unlawful discrimination or sexual harassment.

E. The Responsible Officer shall keep a written log of discussions and a record of the resolution. This information shall become part of the official investigation file if the complainant initiates a formal complaint. A letter summarizing the informal investigation and the resolution agreed upon shall be sent to the complainant and the respondent and kept as part of the record.

F. Once a complaint is put in writing and signed by the complainant, the complaint is considered to be formal and the formal complaint procedures should be followed.

V. Formal Procedures

Where informal complaint procedures are not possible or appropriate or fail to satisfactorily resolve the matter, the complainant may file a formal written complaint with the Responsible Officer.

A. On the Unlawful Discrimination Complaint, the complainant shall describe in detail such alleged unlawful discrimination or sexual harassment and the action the complainant requests to resolve the matter. All written complaints shall be signed and dated by the complainant and, where known, shall contain at least the name(s) of the individual(s) involved, the date(s) of the event(s) at issue, and a detailed description of the actions constituting the alleged unlawful discrimination or sexual harassment. Names, addresses and phone numbers of witnesses or potential witnesses should also be included, if possible.

B. Within five (5) working days after the receipt of the signed complaint, the Responsible Officer will review the complaint to determine whether it describes the kind of unlawful discrimination or sexual harassment which is prohibited under these procedures, and whether the complaint sufficiently describes the facts of the alleged misconduct. If the complaint does not describe the kind of prohibited conduct the University investigates under these procedures, the complainant will be notified and will be referred to the appropriate process. If the complaint does not sufficiently describe the facts giving rise to the complaint so that a determination can be made regarding the alleged misconduct, the complaint will be returned and the complainant will be invited to submit an amended complaint providing enough factual detail to allow the above determination to be made.

C. Within ten (10) working days of receiving the complaint or amended complaint, the Responsible Officer shall act as investigator or shall appoint one or more investigators to act alone, together or in conjunction with the Responsible Officer to investigate the charges, and shall notify the appropriate Vice-President and the respondent that a written complaint has been received and a formal investigation has begun.

D. The investigator(s) shall within ten (10) working days of the complainant’s referral to the formal complaint process, commence an investigation of the alleged unlawful discrimination or sexual harassment. The investigator(s) shall meet with the complainant to review the nature of the complaint and identify the scope and nature of the investigation. The investigator(s) shall also meet with the respondent to present a copy of the complaint and this policy, to receive the respondent’s answer to the complaint and to review with the respondent the scope and nature of the investigation.

E. The investigator(s) shall thoroughly investigate the complaint. Prior to completing the investigation, the investigator(s) shall meet again with the complainant and the respondent separately to give an overview of the steps taken during the investigation, to ask the complainant and the respondent for the names of any others the investigator(s) should speak with, and to request any additional information.

F. After completion of the investigation, the investigator(s) shall meet with the Provost if either party involved in the complaint is a student or faculty member. The investigator(s) shall meet with the Vice-President of the applicable administrative division of the University if the complaint involves only administrative staff members. The Provost or other appropriate Vice-President shall be responsible for reviewing the report of the investigator(s), making factual determinations, and reaching a conclusion regarding the charges and appropriate disciplinary sanction, if any.

G. Within ninety (90) calendar days of receiving the complaint, the investigation shall be completed and a determination shall be made. The Provost or other appropriate Vice-President shall forward to the complainant and respondent all of the following:

1.   a summary of the investigative report;
2.   a written notice setting forth:
a.   the findings of the Provost or other appropriate Vice-President as to whether unlawful discrimination or sexual harassment did or did not occur with respect to each allegation in the complaint;
b.   a description of actions taken, if any, to remedy any unlawful discrimination or sexual harassment that occurred, and to prevent similar problems from occurring in the future;
c.   the complainant’s and respondent’s right to appeal the determination either as to the finding or to the appropriateness of the recommended actions.

VI. Appeal Rights

A. If the complainant or respondent is not satisfied with the results of the formal level administrative decision, the complainant or respondent may appeal the determination by submitting written objections to the University President within ten (10) calendar days of the receipt of the determination.

B. The appeal shall be considered by a committee comprised of five (5) persons selected from a standing list of faculty, administrative staff and students available for such purpose. The complainant and respondent shall each select one committee member. The two members so chosen shall select a faculty member (from the standing list) who shall be the third committee member. The Provost or other appropriate Vice-President and the Responsible Officer involved in the matter shall each select one committee member. The committee members chosen shall select one member to be the voting Chairperson for the committee.

C. Within thirty (30) calendar days of receiving the appeal, the committee shall consider the objections presented, review and evaluate the investigative report and findings of the Provost or other appropriate Vice-President and any actions taken, and reach its conclusion (by majority vote) and communicate its conclusion in the form of an advisory recommendation to the President.

D. The President shall issue a decision in writing to the complainant and respondent within ten (10) calendar days of the receipt of the committee’s recommendation, which shall be the final decision of the University in the matter.