• Preface
• Policy Prohibiting Harassment
• Harassment Complaint Procedures:
• Informal Complaints/Inquiries
• Formal Complaints
• Complaints Involving Vendors/Others

Members of the Fielding community share a vision of a society in which individuals are able to pursue their goals with respect and dignity, and without harassment, intimidation, or exploitation.
We look forward to a society in which harassment or discrimination* of any kind are nonexistent and believe that at Fielding we may be a catalyst for change by assisting individuals to achieve their intellectual, professional, and personal goals in an environment which does not make artificial or arbitrary distinctions. This policy on harassment is presented with the hope and conviction that someday it will not be necessary.

Further, Fielding Graduate University seeks to create an environment that supports personal development, the discovery and transmission of knowledge, and a positive work environment. All members of the community are expected to contribute to the maintenance of this environment by adhering to high professional standards of conduct and ethical principles. Therefore, this policy prohibits the harassment, intimidation, and exploitation of any member of this community as a necessary measure in support of Fielding's mission, vision, and values.

Policy Statement

Fielding Graduate University strictly prohibits harassment of any type against an employee, student, or outside third party because of that individual's sex, age, marital status, sexual orientation, gender identity, race, color, ancestry, physical or mental disability, religion, national origin, or any other protected category identified or inferred in Title VII of the Civil Rights Act of 1964, and not specifically mentioned herein. This document also automatically incorporates any categories of discrimination and harassment that subsequently may be recognized in the future by legal precedent of federal legislation. The University disapproves of and will not tolerate any unlawful harassment of employees or students by faculty, staff, fellow students, or non-employees with whom the University has a business relationship (such as service providers or other vendors). The harassment precluded by this policy includes any harassment against an individual because that individual is perceived to have any of characteristics mentioned above or is associated with a person who has is or perceived to have any such characteristic. The University assumes the responsibility of taking appropriate action in responding to reported instances of harassment using the Complaint Process outlined in this policy. Faculty, Staff and Students should report instances of harassment experienced personally as well as any third-party witnessing of harassment against other members of the Fielding community.

Definitions

Harassment is any conduct, directed toward an individual or groups based on one or more of the listed traits or protected categories, severe or pervasive enough to create a hostile or intimidating work or learning environment for that particular individual or group. Furthermore, this conduct can be physical, verbal or nonverbal, or accomplished through electronic means. Further, this harassment policy is extended to prohibit abhorrent behavior such as persistent antagonistic, aggressive, or threatening acts or behaviors exhibited through any means (including electronic media) that have the effect of creating a hostile or intimidating learning or working environment for students, faculty and staff of FGU.

Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when 1) submission to such conduct is made whether explicitly or implicitly a term or condition of an individual's academic progress or employment, 2) submission to or rejection of such conduct by an individual is used as the basis for decisions affecting such individual, or 3) such conduct has the purpose or effect of substantially interfering with an individual's work or educational performance creating an intimidating, hostile, or offensive environment. Examples include: persistent, unwanted attempts to change a professional relationship to a personal one; repeated intimations, hints, or suggestions that sexual relations are terms or conditions for participation in a Fielding education or work-related activity, or repeated flirting and/or sexual joking.

Potential complainants may include third parties as well as the direct complainant. A third party may perceive favoritism or bias resulting from a relationship (between a faculty member and his or /her current student, for example) and sense that other students are not receiving equal treatment in terms of ratings or grades.

Consensual relationships between faculty, administrators, managers, staff, and students are prohibited when either party is in a position to:

a) evaluate the other's academic performance or progress,
b) evaluate the other's professional performance (i.e., a manager and a staff person),
c) exercise judgment in situations in which there is the application of a Fielding Graduate University policy or procedure.

If a consensual relationship exists prior to either party entering into an evaluative situation, it will be the responsibility of the individual with the power or status advantage to take whatever steps necessary to immediately remove him/herself from that association. Failure to do so will lead to appropriate disciplinary action by Fielding Graduate University.

Consensual sexual relationships between members of the community where neither individual is in a position to exercise direct power or authority over the other may also be inappropriate because of a perception of power or influence. Any member of the faculty or administrative staff who engages in such a relationship must accept responsibility for assuring that it does not result in a conflict of interest or raise other issues of professional ethics. In cases of doubt, advice and counsel should be sought from the individual's dean or administrative supervisor.

Complainant(s): An individual or group of individuals who report harassment or discrimination based on the generic description of such acts as outlined in this policy.

Complaint Adviser: A faculty or staff member within the Fielding community who has received training that provides the individual with knowledge of the legal and FGU policy guidelines regarding discrimination and harassment.

Reviewing Manager: An FGU manager who has delegated authority to act on behalf of the Provost or the vice president for Human Resources and Administration in investigating and resolving discrimination and harassment complaints.

Respondent (s): An individual or group of individuals who have been identified as perpetrating acts of discrimination or harassment based on the generic description of such acts as outlined in this policy.

Harassment Complaint Procedures

The VP of Human Resources & Administration will appoint and train four members (three faculty and one staff member) of the University community to serve as points of contact (Complaint Advisers) to receive initial harassment complaints from employees and students. The entire Fielding community will be made aware of the names and other contact information for these individuals via the Fielding Website. This information will be updated annually. These individuals will support potential complainants in preparing a written report of the incident or incidents; helping the complainant identify harassment; supporting the individual in confronting the alleged harasser/s; and in referring the complainant to other internal or external resources as needed. The VP for HR & Administration will be the point person for complaints from vendors or individuals external to the immediate Fielding community, or for complaints where individuals other than Fielding students, faculty or staff** have been identified as alleged perpetrators.

Informal Complaints/Inquiries

Any member of the Fielding community may approach any appointed University Complaint Adviser to air concerns or ask questions without necessarily instituting formal procedures. The complainant will be told of his/her rights regarding procedures for handling complaints at this time.

A complainant may:

A) initiate a formal grievance;
B) decide that s/he does not want to initiate a formal grievance, but wants help and support in responding to unwelcome behaviors before they become severe or pervasive.

Complainants will be informed that FGU has a legal obligation to address all claims of unlawful sexual harassment, whether the complainant chooses to pursue addressing such behaviors or not. The University will consider complaints, formal or informal, to be highly confidential, and in the course of conducting its review, will discuss complaints only with those whom the University determines necessary in order to conduct a proper investigation and achieve an effective resolution.

The Complaint Adviser will provide information that helps the potential complainant identify what constitutes harassment, explain the FGU policy guidelines and timelines, and be a resource in framing the context of the complaint, either formal or informal.

An individual who believes s/he is experiencing sexual harassment is encouraged to deal directly with the alleged offender with the intent of communicating her/his distress and resolve that the situation will not be repeated. It is important to keep a record of all events or incidents that comprise the offending behavior and any subsequent communication about the behavior.

If the individual does not feel that this action would be appropriate or prefers not to handle it in this manner, s/he may take his/her concern or complaint to any identified University Complaint Adviser. The purpose for doing so may be to ask for resolution, to obtain assistance with problem solving, to apprise the University so that the authorities of the University may take appropriate measures, or all of the above.

The information provided to the University Complaint Adviser will be kept confidential as appropriate. The information will not be shared with the rest of the community, and it will be treated with extreme respect and appropriate propriety. Legal obligations, however, compel any institution of higher learning to take appropriate action if/when allegations of sexual harassment are egregious enough. At all steps along the way, the complainant will be apprised and informed of the University's responsibilities.

Formal Complaints

The vice president for Human Resources and Administration or the Provost or their named designees (Reviewing Managers) will receive all formal complaints of sexual harassment brought by any member of the Fielding community. Reviewing Managers will be appointed annually. If appropriate or necessary, the Reviewing Manager will: 1) take action to temporarily remove the individual from any situation in which the alleged harassment could continue to take place and 2) initiate formal procedures. If the Provost or the vice president for Human Resources and Administration is named as the harasser, then the complainant should submit the formal complaint to a designated Reviewing Manager. Formal procedures include the following:

• A written summary of the incident to be sent to the individual accused with a request to respond within ten (10) working days. The response must be directed to the individual complainant with a copy to the Provost or the VP for HR and Administration (Reviewing Manager of the case).
• Depending on the details of the summary, the Reviewing Manager will initiate an investigation or make a preliminary recommendation for potential resolutions of the case. A decision on which of these two courses of action will be taken will be made within five (5) days of the receipt of the response to the allegation and the Reviewing Manager will notify the complainant of that decision.
• If an investigation is initiated, the Reviewing Manager will proceed with an investigation with the help of one or more of the University Complaint Advisers. This investigation will be kept as confidential as possible and will conclude within four (4) weeks of its initiation. If additional time is required to complete the investigation, the Complaint Adviser will make a request to the Reviewing Manager to extend the investigation. The results of the investigation, along with recommendations and remedies for resolution will be sent to the Reviewing Manager.
• Within five (5) working days after receiving the investigation report with recommendations for resolution, the Reviewing Manager will make a decision on the resolution of the case; notify the complainant and the respondent of that decision; and take action to conclude the complaint based on the recommendations and remedies received with the results of the investigation.
• If the Complainant is not satisfied with the outcome, the President or the President's designee will review the case and issue a decision that is not subject to appeal.

At any point during the complaint process individuals may pursue complaints directly with the government agencies that deal with unlawful harassment, discrimination, and retaliation claims, e.g., the U. S. Equal Employ Opportunity Commission (EEOC), the State of California Department of Fair Employment and Housing (DFEH) or the appropriate investigative agency within another state, and /or the U. S. Department of Education Department's Office for Civil Rights (OCR). These agencies are listed in the Government section of the telephone book and on the web.

Anyone lodging a complaint of sexual harassment must begin the procedure within one year of the alleged incident. The statute of limitations for addressing a harassment complaint with the EEOC or in civil court is three years. Complainants must initiate an action within three years of the occurance. An attempt to penalize an individual for initiating a complaint or any other form of retaliation is strictly prohibited and will be treated as a violation of this policy. In addition, any false accusations of harassment of any kind will be considered a violation of this policy.

Complaints involving Vendors/Others:

III. In those cases involving complaints from within the Fielding Community ( students, faculty, staff) against vendors for Fielding or against other persons who are external to the Fielding community ( i.e., those who are not students, faculty, staff or administration), the VP for HR and Administration shall appoint a Reviewing Manager to assist the Complainant in preparing a clear statement of the complaint in writing and shall forward the same, as presented, and without comment on the allegations, facts, merits or other elements of the complaint unto the alleged perpetrator and to the VP for HR and Administration. This written statement of the complaint shall specify what remedy or resolution the Complainant is requesting. The VP for HR and Administration will provide a copy of the complaint directly to the proprietor of the business (or alleged perpetrator's employer) and ask that same provide a response and resolution within a reasonable timeline. Depending on the outcome of this process, Fielding may engage its resources to investigate the matter further, advise and assist the complainant in pursuing relief through federal or state agencies, and ultimately may terminate or limit a vendor relationship as appropriate if the harassment has not stopped or if a suitable remedy is not reached.

*Harassment, on the basis of any legally protected characteristic is a form of discrimination as described in the interpretative guidelines emanating from federal and state legislation prohibiting discrimination.

**For the purposes of this policy, adjunct faculty and other contracted faculty will be treated as Fielding employees.

Related Policies:
• Student Complaint and Grievance Procedure

 

Policy Revised 12/10/2007