Discrimination & Harassment Policies
Policy Statement on Discrimination
Washington College does not discriminate on the basis of race, sex, color, national or ethnic origin, age, religion, marital status, disability, sexual orientation, gender identity, gender expression, genetic information, or any other legally protected classification in the administration of any of its educational programs and activities or with respect to admission and employment.
The designated coordinator to ensure compliance with Title IX of the Educational Act Amendments of 1972 is
Greg Krikorian, Dean of Students/Title IX Coordinator
Hodson Hall
Washington College
300 Washington Avenue
Chestertown, Maryland, 21620
(410) 778-7752
The designated coordinator(s) to ensure compliance with Section 504 of the Rehabilitation Act of 1973 is/are:
- Greg Krikorian, Dean of Students/Title IX Coordinator
For additional information and/or to file a complaint, contact the:
Director of Civil Rights
U.S. Department of Education, Office of Civil Rights
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107
or local fair employment practices agencies.
Policy Statement on Harassment
Harassment in any form, whether based on race, sex, color, national or ethnic origin, age, religion, marital status, disability, sexual orientation, gender identity, gender expression, genetic information, or any other legally protected classification, is unacceptable on the Washington College campus.
For purposes of this policy, harassment means unwelcome verbal, written, or physical conduct based on a protected classification (race, color, sex, disability, etc.) that has the purpose or effect of unreasonably interfering with an individual’s work or education (including living conditions, extracurricular activities, and social life), creating an intimidating, hostile, or offensive environment, or constituting a threat to an individual’s personal safety.
Statement on Importance of Academic Freedom
The essential importance of academic freedom is recognized, and a standard of reasonableness will guide the College. Only when academic freedom is used to disguise, or as the vehicle for, prohibited conduct will it be questioned.
Washington College believes that ideas, creativity, and free expression thrive and, indeed, can only exist for students, faculty, and staff in an atmosphere free of discrimination and harassment, including sexual harassment and assault.
Definition of Sexual Harassment
- See Policy on Sexual Harassment and Discrimination.
Consensual Relationships
Please see Washington College’s policy on Consensual Relationships.
Discrimination or Harassment Based on Disability
The Americans with Disabilities Act (ADA) of 1990, amended in 2008, and Maryland state law prohibits discrimination based on disability. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in programs or activities receiving federal financial assistance. Harassment based on a disability is also prohibited.
Examples of Discrimination or Harassment Based on Disability
- Lack of access to educational programs and facilities
- Denial of academic adjustments or accommodations
- Offensive remarks, jokes, epithets, slurs, negative stereotyping, or threatening, intimidating, or hostile acts that relate to a person’s disability
Reporting Discrimination or Harassment
Washington College encourages anyone who has experienced any form of discrimination or harassment to report the incident promptly, to seek all available assistance, and to pursue remedies available through campus judicial or grievance processes. Reporting parties are also encouraged to report incidents to local, state, and/or federal authorities or offices charged with handling unlawful discrimination or harassment.
Reporting a Complaint
Students, employees, or third parties who believe they have been subjected to discrimination or harassment, including sexual violence/assault, by a student or employee of the Washington College community or by another individual for whom the College is or may be responsible (e.g., applicants for admission or employment, alumni, independent contractors, vendors, recruiters) should contact one of the following persons for assistance with resolving a complaint:
- Title IX Coordinator or Assistant Coordinator(s)—for matters involving discrimination or harassment based on sex or gender (please refer to the Sexual Harassment and Discrimination Policy.
- 504 Coordinator or Assistant Coordinator(s)—for matters involving discrimination or harassment based on disability
- Professional Staff in Student Affairs (Including Residential Life) for any matters of discrimination or harassment
- Department of Public Safety for any matters of discrimination or harassment
- Human Resources Department for any matters of discrimination or harassment
Complaints alleging sexual discrimination or harassment (including sexual assault/violence) should be submitted to
Greg Krikorian, Dean of Students/Title IX Coordinator
Hodson Hall
Washington College
300 Washington Avenue
Chestertown, Maryland, 21620
(410) 778-7752
For information on the College’s policy on sexual harassment and discrimination, go here.
Complaints alleging disability discrimination or harassment should be submitted to:
- Greg Krikorian, Dean of Students/Title IX Coordinator or
When a Washington College student is the subject of a discrimination or harassment complaint, the matter will be referred to the Honor Board or other appropriate hearing body (see the Washington College Honor Code and Student Conduct System sections found earlier in this Handbook).
When a Washington College employee or third party is the subject of a formal written complaint, the matter will be reviewed by the Washington College Discrimination Dispute Resolution Committee (DDRC). Students, employees, or third parties alleging discrimination or harassment may submit a complaint in writing using the Discrimination/Harassment complaint form. Complaint forms are available in Public Safety, Student Affairs, Human Resources, and Title IX Coordinator’s Office or for download and printing from the College website.
Interim Measures
The appropriate campus administrators may impose interim measures to be taken during an investigation or inquiry. Interim remedial actions can include (but are not limited to) the following:
- No contact orders (mutual no contact orders are permitted)
- Interim suspension
- Administrative leave (employee)
- Reassignment of housing
- Reassignment of job
- Class schedule change
- Prohibited or restricted participation in extracurricular activities
- Prohibited or restricted access to campus for third parties
- Relocation of a residential assignment
Investigating a Complaint
All complaints of harassment or discrimination will be investigated in a manner that is fair, appropriate, reliable, and impartial. All parties involved in the investigation will be treated with dignity, respect and sensitivity by college officials throughout the process. Investigations may be conducted by trained Public Safety staff, the Section 504 Coordinator or Assistant Coordinators (for ADA/Section 504-related matters), Human Resources staff, or another trained investigator (including external investigators) appropriate to the situation and in accordance with all College policies and legal requirements.
For matters involving discrimination or harassment based on disability (covered by ADA/Section 504), the Section 504 Coordinator will ensure the investigation complies with all Section 504 requirements.
The responsibility to conduct an investigation shall not be altered by the fact that a criminal investigation of the incident is pending or has been concluded, although the investigation may be delayed or suspended at the request of law enforcement while the law enforcement agency is gathering evidence. In the event the investigation is delayed at the request of the law enforcement agency, appropriate steps will be taken to provide for the safety of the Complainant and the College community and to prevent retaliation by any individual.
The steps may include changes to the schedule, housing assignment or work location of the Responding Party, or summary suspension/leave from the College issued to the Responding Party
Investigation Process
The Complainant will be contacted by a College administrator designated by the appropriate College administrator or ADA/Section 504 Coordinator to schedule a meeting at which time the administrator will go over the investigative process.
Any person identified by the Reporting Party or Responding Party who has relevant and non-cumulative information that pertains to the allegation will be contact by the investigator(s).
The person designated to conduct the investigation shall prepare a written report and will report on the status of the investigation to the Reporting Party, the Responding Party, and the Section 504 Coordinator (or other appropriate administrator).
At the conclusion of the investigation, designated College administrator will meet with the Reporting Party to review the written report and inform him/her of the next steps in the process. The designated College administrator will also contact the Responding Party to review the written report and explain the next steps in the process. Either party may provide a written response to the written report within five (5) days after reviewing it.
The written report is a summary of the investigation and, along with the parties’ responses, will be forwarded to the appropriate administrator. The administrator will then forward the report to the Honor Board or the Discrimination Dispute Review Committee (DDRC) for review and any action deemed appropriate in accordance with the procedures of each.
Nothing in these procedures or in the procedures of the Honor Board or DDRC limits the right of any person to pursue other avenues of recourse, which may include filing charges or a complaint with local, state, and federal authorities responsible for addressing unlawful discrimination and harassment.
Resolving Complaints
The Section 504 Coordinator, or other appropriate College administrator will ensure that steps are taken to address and resolve any instance where an investigation and subsequent review (by either the Honor Board or the DDRC) concluded that discrimination or harassment occurred.
Informal Resolution
Mediation and informal resolution options, such as facilitated apologies, educational program, academic or residential modifications, continued no contact orders or restricted access, and restorative practices, may be utilized if the following conditions are met:
- the reporting student requests an informal resolution,
- all parties involved in the complaint, and the College, agree to an informal resolution in writing,
- staff must be trained in informal resolution, and
- any party involved may end the informal resolution and move to formal resolution at any time.
Where the parties and College have agreed that a matter is satisfactorily resolved through informal resolution, upon the Responding Party satisfying the agreed upon informal resolution terms, the matter will be considered closed, and may not be reopened or referred for formal resolution. Accepting an informal resolution does not mean that the Responding Party admits responsibility, nor does it reflect a finding of a policy violation.
Formal Resolution
The standard of proof used in determining responsibility is the “more likely than not” standard. In other words, if the information presented during the process leads a panelist to believe that it is more likely that the Responding Party committed the violation than not, the panelist will vote for responsibility.
Resolution outcomes include actions to remediate the instance of discrimination or harassment and, where needed, actions to prevent future recurrence and to correct discriminatory effects on the Reporting Party and others.
Remedial actions include (but are not limited to):
- College warning
- Suspension/expulsion
- Probation
- Termination of employment
- Protection from retaliation
- Counseling for the Reporting Party
- Other steps to address the impact of harassment or discrimination on the Reporting Party, any witnesses, and the College community
In cases of discrimination and harassment, Reporting Parties may also obtain information and/or file a complaint by writing
the Director of Civil Rights
U.S. Department of Education, Office of Civil Rights
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107
or local fair employment practices agencies.
Records
Records of complaint investigation and any corrective action will be entrusted to the Title IX Coordinator or ADA/Section 504 Coordinator and will be maintained in an electronic system accessible throughout the College on a confidential basis consistent with College’s legal requirements and appropriate legal requests for said documents.
Making an Appeal
Appeals in Sexual Harassment or Discrimination complaints will follow the policy outlined in that policy. For all other cases, the Reporting or Responding Parties may appeal decisions of the DDRC or Honor Board by submitting a written appeal request within five business days of receiving written notification of the outcome of the hearing. Appeal forms can be downloaded here. Only appeals that are based on one or more of the following grounds will be considered for review:
- Procedural error(s) that prevented fundamental fairness
- New information or evidence that was not available at the hearing
- An imposed sanction that is disproportionate to the violation and/or the conduct history of the Responding Party
Letters of appeal for Honor Board decisions must be sent to the Vice President for Student Affairs (or designee). The Vice President for Student Affairs (or designee) will determine whether the appeal meets the above criteria and/or if the case will be referred to the appeal board. More information on the student appeal process can be found in the Honor Code and Student Conduct section of the Student Handbook. Letters of appeal for DDRC decisions must be sent to the President of the College (or designee). The President of the College (or designee) will determine whether the appeal meets the above criteria. If any of the criteria are met, the case will be reviewed and a decision made; if the case does not meet at least one of the criteria, there will be no further review. The appellant(s) and the other party shall be notified of the outcome of the appeal. All appeals will be conducted in an impartial manner and by an impartial decision-maker.
Retaliation
All members of the Washington College community are advised that retaliation against anyone for filing a complaint of discrimination or harassment or for participating in an investigation of discrimination or harassment is strictly prohibited by law and by College policy.
Confidentiality
All parties involved, especially those charged with carrying out the above policies, are enjoined to work in confidence to the extent legally permissible and practically possible.
In cases of discrimination and harassment, Reporting Parties may also obtain information and/or file a complaint by writing
the Director of Civil Rights
U.S. Department of Education, Office of Civil Rights
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107.
Such complaints generally must be filed within 180 days.
Bias Policy
Washington College is committed to providing a dynamic and inclusive living, learning, and working environment in which every person is valued and treated with dignity, where free expression, discourse, and debate are encouraged, and care for fellow community members, especially in moments of conflict, is strived for.
Washington College protects free expression of ideas, even if they are unpopular, because this is vital in promoting learning in an educational setting. Freedom of speech can sometimes protect controversial ideas and sometimes even offensive and hurtful language; however, it does not protect personal threats, discriminatory conduct, or other acts of misconduct that violate the College codes of conduct, College policies, or federal, state, and local laws.
This policy, aligned with our college mission, codes of conduct, and diversity statement, establishes a mechanism for addressing situations involving an objectively true or subjectively perceived bias act. It includes pertinent definitions, reporting and investigating guidelines, approaches to resolution and accountability, and references to relevant policies.
Definitions
Bias Incident A bias incident is any unwelcome, offensive behavior or act (verbal, written, or physical) personally directed against or targeted toward an individual, group, and/or property based on perceived or actual membership in a protected class. A bias incident may or may not rise to the level of policy violation outlined in the Discrimination, Harassment, Title IX, Social Media Policies, and/or College Codes of Conduct.
Incidents of bias may be intentional or unintentional or delivered as a joke or prank, or with humorous intent. Examples include:
- Offensive social media post
- Tampering or defacing property
- Using offensive language or slang based on a person's identity
- Distribution of hateful literature
Identity attribute refers to age, ancestry, ethnicity, national origin, ability (physical, psychological, cognitive), sex, gender identity or expression, citizenship or immigration status, marital status, socioeconomic class, race, religion, religious practice, sexual identity, or veteran status.
Any of the following may be considered a bias incident:
Discrimination - Conduct that denies any individual or group equal privileges or access to a particular activity or opportunity because of the individual's or group's actual or perceived identity attributes.
Harassment - Unwelcome behavior based upon individuals' or groups' actual or perceived identity attributes that unreasonably interferes with the person's work or educational performance or creates an intimidating or hostile work or educational environment. Examples may include, but are not limited to, epithets, images, slurs, jokes, electronic communication, or other verbal, graphic, or physical conduct.
Acts of Intolerance or Exclusion - Conduct motivated by discriminatory bias or hatred toward other individuals or groups based on perceived or actual identity attributes.
Hate Speech - Hate speech refers to speech, gestures, conduct, writing, text, images or displays (written and/or spoken) that, by design, incites hatred, violence, contempt, prejudicial actions or which disparage or intimidate members of a group or individuals based on their membership in an identity attribute group. Hate speech is intended to intimidate or incite fear or terror among the College community.
Some bias-related incidents may violate the College codes of conduct or other College policies and/or laws, while other bias-related conduct may be considered protected speech or expression.
Reporting
The College encourages students, staff and faculty to report perceived bias incidents. All reported incidents will be documented and investigated.
Reporting helps address bias in several ways:
- Establishes a data set to identify the types and frequency of perceived bias at Washington College
- Allows systems for accountability to be activated
- Informs education around conscious and unconscious bias in order to prevent and/or minimize harmful bias incidents.
- Can lead to conflict resolution
- Reporting bias is one step in confronting bias. It is important to note that not all reports lead to resolution and accountability. In most cases of perceived bias, caring and courageous conversations between the parties directly involved yield the highest levels of mutual understanding and lasting resolution.
When any occurrence of perceived bias is reported, the College takes responsibility to:
- support and engage with groups and individuals who have been personally impacted by a bias incident and those who have been alleged to commit harmful bias
- educate individuals and the campus community about the harmful effects of bias
- promote inclusivity and mutual understanding
- hold individuals accountable for bias-related conduct that violates College policy
- collect and publish data on reported bias incidents each year
Reports of bias can be made in the following ways:
- Submit a CARE report
- Tell an RA or department head
- Notify Public Safety verbally or in writing
- Report anonymously by calling or filling out the anonymous tip form
Please note that reporting anonymously may limit the College's ability to thoroughly respond to the incident and to address the reported behavior.
Investigation
Reports of bias that rise to the level of policy or law violation will undergo formal investigation which could include Public Safety, Honor Board processes, Title IX processes, Human Resources, and/or local law enforcement.
Reports of bias that do not rise to the level of policy or law violation will be informally investigated and managed in a pro-social manner within the related department.
Retaliation against a person who reports or complains about bias incidents, or who participates in or supports the investigation of a bias incident complaint, is prohibited and will not be tolerated.
Resolution and Accountability
Washington College provides both informal and formal avenues for addressing bias incidents. The college encourages parties to both report and pursue processes for resolution.
Informal Measures
In most cases of perceived bias, caring and courageous conversations between the parties directly involved yield the highest levels of mutual understanding and lasting resolution. Informal processes may encompass a broad range of conflict resolution strategies, including facilitated conversations, accommodations, mediation, counseling, or restorative practices.
Formal Measures
Formal accountability measures follow the established protocols of Public Safety, the Honor Board, Title IX, Human Resources, and law enforcement.
Institutional Accountability
The College Bias Education Response Team (BERT) facilitates broad-level educational initiatives, collects and publishes data on bias reports and outcomes, and provides resources to assist in formal and informal bias response with the goal of assisting all college stakeholders in
The BERT includes professional representation from Residential Life, Human Resources, Public Safety, Office of Student Intercultural Affairs, Athletics Department, College Communications, and consults with Academic Affairs through the Diversity Committee, Academic Dean, and the Associate Provost for Diversity and Inclusion. Student representation is invited, welcomed, and strongly encouraged.
Refer also to policies:
Discrimination
Harassment
Title IX – Sexual Harassment and Discrimination
Honor Code
Social Media
Code of Conduct
Anti-Hazing
Clery Act