Policy Statement
Xavier University School of Veterinary Medicine, Aruba, is firmly committed to maintaining an environment free from discrimination. Discrimination on the basis of race, color, sex, gender identity, sexual orientation, religion, creed, national origin, age, ancestry, disability unrelated to educational or employment requirements, genetic information, military service, or any other legally protected characteristic is prohibited.
Reason for Policy
To provide a learning and working environment that is free from all forms of harassment and discrimination and that supports the right of all individuals to be treated with respect and dignity.
Entities Affected by this Policy
This policy and the associated procedures for resolution apply to all employees, students, and individuals authorized to conduct business with and/or perform services on behalf of the University who believe they may have been subjected to harassment or discrimination on the basis of race, color, creed, religion, sex (including pregnancy, childbirth, or related medical conditions), age, sexual orientation, gender identity or expression, genetic information, national origin, disability, ancestry, military status, or any other characteristic protected by law.
Scope
Xavier University has designated the Office of the Dean of Student Affairs and the Grievances Committee as having primary responsibility for receiving, investigating, and resolving complaints of harassment and discrimination through both informal and formal processes.
Responsibilities
Complainant Responsibilities
A formal complaint should be filed as soon as possible following the occurrence(s) of the alleged harassment or discrimination. Prompt filing within ninety (90) days of the incident or the last occurrence is strongly encouraged. However, Xavier University reserves the right to review complaints filed beyond the recommended time period.
Office of the Dean of Student Affairs and Grievances Committee Responsibilities
A representative of the Office of the Dean of Student Affairs or the Grievances Committee shall initiate an investigation within ten (10) working days of receipt of a formal written complaint or within a reasonable timeframe following the filing of an informal complaint.
Documents relevant to the investigation shall be maintained in a confidential case file. Information will be shared only on a need-to-know basis during the investigation process.
The Dean of Student Affairs, his or her designee, or the Chair of the Grievances Committee will inform the individual against whom the complaint has been filed that a harassment or discrimination complaint has been made. Appropriate supervisors, administrators, or managers may also be informed on a need-to-know basis.
Upon completion of the investigation, the Chair will review the findings with the appropriate parties. Every effort will be made to complete the review within forty-five (45) working days after the complaint is filed.
If the Chair determines that the allegations are substantiated, appropriate disciplinary action will be recommended. Disciplinary action, which may include probation, suspension, expulsion, termination, or other sanctions, will be commensurate with the nature and severity of the offense. The complainant will be notified verbally or in writing of the disposition of the complaint. The respondent will be notified verbally or in writing of the findings and any sanctions imposed, where permitted by applicable policies and laws.
Procedures
Any individual (complainant) who believes that he or she has been subjected to harassment or discrimination should initiate a complaint immediately by contacting the Office of the Dean of Student Affairs to arrange an appointment as soon as possible.
The longer the period between the alleged incident and the filing of a complaint, the more difficult it may be to investigate and reconstruct the circumstances surrounding the event. Therefore, a complaint should be filed as soon as possible following the occurrence(s), and filing within ninety (90) days of the last occurrence is strongly encouraged. However, the University reserves the right to review complaints filed beyond this recommended timeframe.
The presence or involvement of legal counsel is not permitted during the harassment or discrimination complaint process. However, individuals may be accompanied by a support person or representative. Such representatives are not participants in the proceedings and may not speak on behalf of the complainant or respondent.
All parties involved in an investigation are required to maintain the confidentiality of information related to the complaint and investigation process.
Types of Complaints
Informal Complaint
During the informal complaint process, a complainant may discuss concerns with the Office of the Dean of Student Affairs, the Chair of the Grievances Committee, or a designated committee member. The University representative may suggest methods for resolving the matter through an informal, non-adversarial process that is satisfactory to all parties involved.
When filing an informal complaint, the complainant should provide:
- The name of the complainant;
- The specific nature of the actions or behaviors leading to the allegation;
- The date(s), time(s), and location(s) of the occurrence(s);
- A detailed description of the alleged harassment or discrimination;
- The name(s) of the individual(s) against whom the complaint is being made;
- The names of any witnesses or individuals with relevant knowledge of the incident(s); and
- The remedy or relief being sought.
Formal Complaint
If the complainant believes that the informal process is unsatisfactory, or if the nature of the allegation warrants immediate formal review, the complainant may elect to file a formal complaint.
Formal complaints may be submitted in writing to:
appeals@xusom.com
The individual(s) against whom the complaint has been filed will be provided with a copy of the complaint and afforded an opportunity to respond to the allegations. Appropriate administrators will be informed on a need-to-know basis.
Retaliation
Retaliation against any individual for filing a complaint of harassment or discrimination, participating in an investigation, serving as a witness, or otherwise cooperating in the complaint process is strictly prohibited and may constitute a violation of University policy and applicable law.
Any act of retaliation will be investigated and may result in disciplinary action independent of the outcome of the original complaint.
Appendix
Formal Complaint Form for Harassment and Discrimination