Non-Discrimination Policy and Procedures

Non-Discrimination Policy and Procedures

Policy statement

Xavier University School of Medicine (XUSOM), Aruba, is firmly committed to maintaining a learning and working environment free from discrimination. Discrimination on the basis of race, color, sex, gender identity or expression, sexual orientation, religion, creed, national origin, ancestry, age, pregnancy, disability unrelated to academic or job requirements, genetic information, marital status, military service, or any other legally protected characteristic is prohibited.

Reason for policy

To provide a learning and working environment that is free of all forms of discrimination and discriminatory harassment, and that supports the right of every individual to be treated with respect and dignity.

Who this policy covers

This policy applies to all students, faculty, staff, and individuals authorized to conduct business with or perform services on behalf of XUSOM, on campus, at affiliated clinical sites, and at school-sponsored activities.

Responsibility

The Dean of Student Affairs and the Dean of Basic Sciences have primary responsibility for receiving, investigating and resolving complaints of discrimination. For students in the clinical program, the Dean of Clinical Sciences may also lead a case. Discrimination complaints are not heard by the Grievances Committee.

How to report

A complaint may be submitted through any of the following avenues:

1. The student’s Student Management System (SMS) account.
2. Email or in person to any dean, any faculty member, or the Chief Academic Officer (CAO).
3. The Student Government Association (SGA).
4. Anonymously. Anonymous reports will be reviewed and acted on as far as the information provided allows.

A faculty member, the SGA or the CAO who receives a complaint will refer it promptly to the Dean of Student Affairs or the Dean of Basic Sciences, or, for a student in the clinical program, to the Dean of Clinical Sciences. The dean who first receives the complaint initiates the process, or the deans agree among themselves which of them will do so. That dean leads the case (the initiating dean).

The complaint should include, where known:

5. the name of the complainant (unless filed anonymously);
6. the nature of the actions or behaviors alleged to be discriminatory;
7. the date(s), time(s) and place(s) of the occurrence(s);
8. a description of what happened;
9. the name(s) of the person(s) alleged to be responsible;
10. the name(s) of any witnesses; and
11. the remedy or relief being sought.

When to report

A complaint should be filed as soon as possible, and within ninety (90) calendar days of the incident or its last occurrence. The sooner a complaint is filed, the easier it is to establish what happened. XUSOM reserves the right to review a complaint filed after this period.

Step 1: Informal resolution

The initiating dean will first attempt informal resolution to address the immediate conflict, without issuing formal findings. This may include a facilitated conversation, guidance to the parties, or interim measures to protect the complainant’s learning environment. Informal resolution requires the agreement of the complainant. A complainant may decline it and proceed directly to formal investigation.

Step 2: Formal investigation by an ad hoc committee

If the matter is not resolved informally, the following procedure applies:

12. Committee formed — within 10 working days of the complaint being filed. The initiating dean appoints an ad hoc committee of three (3) faculty members with no conflict of interest in the matter. The dean notifies the complainant and the respondent that a complaint has been filed and an investigation opened.
13. Investigation — completed within 30 working days. The committee interviews the parties and witnesses, reviews documents, and writes an investigation report stating the evidence reviewed, a summary of interviews, and its findings.
14. Findings shared — within 5 working days. The committee informs the complainant and the respondent of its findings.
15. Rebuttal — within 5 working days. Each party may submit a written rebuttal to the committee. Rebuttals are attached to the report.
16. Final report and notification — within 5 working days. The committee considers any rebuttals, prepares its final report, and submits it to the initiating dean. The initiating dean informs the complainant and the respondent of the final findings and any recommended action, copying the CAO and the other deans.

Appeal

The complainant or the respondent may appeal the final report’s decision to the CAO, in writing, within ten (10) working days of receiving it. The appeal must state its grounds. The decision of the CAO is final.

Outcomes

Where discrimination is found, the initiating dean will refer the matter for action appropriate to the offense and the individuals involved. Action may range from education and a written warning to suspension, dismissal (students) or termination (employees), in line with XUSOM policy.

Conflict of interest

Any dean or committee member who is a party to the complaint, or has a real or perceived conflict of interest, must withdraw. If all eligible deans are conflicted, the CAO appoints another senior faculty member to lead the case.

Confidentiality and records

Case documents are held in a confidential file in the Office of the Dean of Student Affairs for at least ten (10) years. Information is shared only on a need-to-know basis, and all parties must keep information about the investigation confidential. Legal counsel may not take part in the proceedings; a support person may be present but may not take part.

Retaliation

Retaliation against anyone who files a complaint in good faith, or who cooperates in an investigation, is prohibited. Retaliation is itself a violation of this policy and should be reported through the avenues above.

False complaints

Knowingly filing a false complaint is a violation of XUSOM policy and may lead to disciplinary action. This does not apply to complaints made in good faith that are not substantiated.

Appendix: Formal Complaint Form against Discrimination (retain current form; update the routing to the Dean of Student Affairs / Dean of Basic Sciences).