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I. Introduction
Colgate is proud to be a community comprised of diverse individuals from all backgrounds. Colgate values the social and intellectual vibrancy that occurs when individuals with different life experiences, viewpoints, and belief systems come together. Our goal is to maintain a living and learning environment where all feel safe and respected.
Acts of bigotry and prejudice are inconsistent with our mission. To that end, this policy prohibits harassment on the basis of race, color, religion, creed, ethnicity, ancestry, national origin, sexual orientation, marital status, military or veteran status, age, disability and any other characteristic protected by law. This policy prohibits hate crimes. Colgate also prohibits sexual misconduct and sexual and gender-based harassment, but those issues are addressed in Colgate’s Policy on Sexual Misconduct and Sexual Harassment.
This policy uses the term “bias-related conduct” to refer to harassment and hate crimes collectively. In this policy, the term “Colgate community” is used to refer to faculty, staff, students and others affiliated with the University by reason of employment or education. Although we have utilized pronouns referring to the male and female genders, we acknowledge that some individuals do not use these pronouns to describe themselves. Despite the gendered nature of its language, this policy is inclusive of all students of the Colgate community.
The purpose of this policy is twofold: first, to establish clear procedures for the handling of bias-related allegations, and second, to educate the student community with respect to the limits of acceptable conduct. By educating students about Colgate’s expectations, this policy aims to prevent bias-related conduct and harassment from occurring. Students are urged to read this policy and to develop an understanding of the line between acceptable and unacceptable behavior.
The use of alcohol or other drugs can impair judgment and self-control. However, being under the influence of alcohol or drugs is not a defense to an allegation of a violation of this policy.
Colgate encourages intellectual inquiry and debate and the open discussion of differing viewpoints. This policy is not intended to stifle academic exchange even when it may be offensive to some. While vigorous intellectual exchange is consistent with Colgate’s mission, acts of bigotry that are not part of legitimate academic inquiry or are targeted at an individual or group within the community undermine Colgate’s educational purpose. An underlying premise of this distinction between acceptable and unacceptable conduct is the notion of respect for each individual as a unique member of the Colgate community.
A student who believes that he or she has been the victim of harassment or a hate crime is encouraged to report it immediately. The University has designated the following individuals to receive complaints:
• The University Harassment Officer Lyn Rugg at x7288.
• Campus Safety at x7333 or www.colgate.edu/campussafety.
This policy explains Colgate’s approach to investigating, adjudicating and disciplining bias-related conduct.
Some bias-related conduct rises to the level of criminal conduct, and Colgate strongly encourages the reporting of criminal conduct to the local police by dialing 911. Campus Safety will assist a student in reporting an incident to the police if the student so requests. The criminal process is separate and distinct from this policy. The fact that a criminal complaint has been filed, prosecuted or dismissed will not prevent Colgate from pursuing disciplinary action.
Each year, the University appoints several faculty, staff and students to act as Harassment Advisors. Harassment Advisors are available to consult with students regarding the definition of harassment in this policy as well as the University’s procedures and options available for addressing situations of concern. A list of current Harassment Advisors and contact information can be found here.
II. When to Use this Policy
A. Complaints Against Students
This policy applies only in those instances when a student is accused of having engaged in bias-related conduct against another student. This policy also applies where a prospective student or other visitor to the campus (e.g., a guest of another student, an alumnus or alumna, or a member of a visiting team) complains of a Colgate student’s behavior. If a faculty or staff memberwishes to bring a complaint against a student, they should do so according to the faculty policy University’s Equal Opportunity, Non-discrimination, Sexual Harassment and Other Forms of Harassment Policy [HOTLINK].,
If a student is a victim of bias-related conduct by someone other than another student, then this policy does not apply, and the student should do the following:
• Complaints Against Faculty or Staff
If a student wishes to bring forward a complaint against a faculty or staff member, the policy that applies in those situations is the University’s Equal Opportunity, Non-discrimination, Sexual Harassment and Other Forms of Harassment Policy. The student should follow the procedures outlined in that policy.
• Complaints Against Visitors or Non-Community Members
If a student wishes to bring forward a complaint against a visitor or non-community member (e.g., an alumnus or alumna, a prospective student, a guest of a student, a member of another university’s team, or a local resident), the complaint should be made to Campus Safety x7333 or www.colgate.edu/campussafety. Visitors accused of bias-related conduct are not entitled to a hearing of any kind. Campus Safety will investigate complaints against visitors and the University will determine the appropriate action to be taken.
B. On Campus and Off-Campus Behavior
This policy applies to conduct that occurs on any part of Colgate’s campus or property. It also applies when students travel off-campus as part of a University activity, team, organization or event. Additionally, Colgate has the discretion to discipline student behavior that occurs off-campus, in the village, and/or during a time when the University is not in session. In making these determinations, the Disciplinary Officer considers whether the behavior impacts the campus environment (as would be the case, for example, if one student harasses another student in an off-campus apartment or overseas during a semester abroad, or if a student sends another student racially demeaning or threatening emails while at home during the semester break). In understanding this aspect of Colgate’s expectations for student behavior, it may be helpful to think of student status as “portable” and therefore operative even when students are not on Colgate’s campus or property.
C. Timeframe for Making a Complaint
While there is no time limit for bringing forward a complaint, the passage of time may make an incident difficult or even impossible to investigate fairly or fully and to adjudicate. Therefore, students are encouraged to make a complaint as soon as possible after the incident has occurred. Although not an ideal situation given the passage of time, a former student may make a complaint against a current student. However, the reverse is not true: the complaint of a current student against a former student is not subject to adjudication pursuant to this policy. Nevertheless, Colgate officials will help the complaining student to report the allegations to the appropriate off-campus authorities.
III. Definition of Harassment
Federal and state laws prohibit discrimination and harassment that are based on race, color, religion, creed, ethnicity, ancestry, national origin, sexual orientation, marital status, military or veteran status, age and disability among other personal characteristics. These laws include Title VI of the Civil Rights Act and the New York State Human Rights Law. New York State law also prohibits discrimination and harassment based on sexual orientation, which is defined as an individual’s actual or perceived heterosexuality, homosexuality, bisexuality, or asexuality.
This policy prohibits conduct that would violate these laws. However, as a supportive and collegial community, Colgate also prohibits bias-related student behavior that demeans or humiliates other community members even if the conduct is not so egregious as to violate the law.
In assessing a disciplinary penalty, the seriousness of the incident will be evaluated. Although relatively minor incidents usually result in lesser forms of disciplinary action, Colgate reserves the right to impose any level of discipline, up to and including suspension or expulsion, for any act of harassment, based on the facts and circumstances of the particular case.
A. Harassment
Harassment refers to unwelcome conduct based on race, color, religion, creed, ethnicity, ancestry, national origin, sexual orientation, marital status, military or veteran status, age and disability or any other characteristic protected by law that unreasonably interferes with an individual’s ability to work, learn or participate in the University’s programs or creates an environment that is hostile, offensive, or intimidating. Harassment of this type is usually referred to as “hostile environment” harassment. Harassing conduct can occur in various forms, including:
• Verbal - such as using ethnic, racial, religious or other slurs to refer to a person, or jokes or comments that demean a person on the basis of race, color, religion, ethnicity, national origin, sexual orientation, age or disability.
• Physical - such as physical threats toward or intimidation of another on the basis of race, color, religion, ethnicity, national origin, sexual orientation, age or disability.
• Visual - such as creating or displaying racially, ethnically, religiously offensive pictures, symbols, cartoons, or graffiti.
• Communication-based - such as phone calls, emails, text messages, chats or blogs that offend, demean or intimidate another on the basis of race, color, religion, ethnicity, national origin, sexual orientation, age or disability.
A determination as to whether harassment occurred depends on the totality of the circumstances, such as the severity of a particular incident, the context in which it occurred, whether the conduct was repeated, whether the conduct was verbal or physical, and whether it was threatening or merely annoying. For purposes of federal and state law, harassment has occurred if a reasonable person would have found the behavior offensive and his or her living, learning or working environment would be impaired as a result of the conduct. However, Colgate reserves the right to discipline offensive conduct that is inconsistent with community standards even if it does not rise to the level of harassment as defined by federal or state law.
B. Stalking
Stalking refers to a person’s deliberate and repeated following, observing, contacting or communicating with another person when the other has not consented to the activity. Stalking can be a form of harassment when the person stalked is targeted because of his or her race, color, religion, creed, ethnicity, ancestry, national origin, sexual orientation, marital status, military or veteran status, age or disability. Stalking includes, but is not limited to, repeatedly engaging in contact, face-to-face communication, telephone calls or messages, text messages, emails, letters, the giving of unwanted gifts, threatening or obscene gestures, surveillance, following, trespassing or vandalism.
C. Identifying Harassment in our Community
Colgate is a vibrant academic environment that encourages discussion of competing ideas both inside and outside the classroom and in both formal and informal settings. Some topics may make a person uncomfortable or take a student outside his or her comfort zone. This policy is not intended to ban debate over socially controversial or potentially offensive ideas or issues. Rather it is intended to protect individuals from being targeted for offensive, humiliating or intimidating conduct based on race, color, religion, creed, ethnicity, ancestry, national origin, sexual orientation, marital status, military or veteran status, age or disability.
As an example of this distinction, this policy would not prohibit civil and respectful debate in a social sciences class about whether same-sex marriage should be legalized even if a homosexual student in the class disagreed with others’ views and was offended by their statements. Similarly, this policy would not prohibit controversial figures from speaking on campus even if the individual’s viewpoint or speech were offensive to some, nor would this policy prohibit reasonable artistic expression. However, this policy would prohibit a student from yelling slurs, insults or threats deemed to constitute bias-related harassment at any other individual or group of individuals.
IV. Definition of Hate Crimes
For the purpose of this policy, a “hate crime” is defined as violence to a person or damage to property (or a threat to do so) or any other criminal act that is motivated entirely or partly by hostility toward or intolerance of another’s race, color, religion, creed, ethnicity, ancestry, national origin, sexual orientation, marital status, military or veteran status, age, disability or any other personal characteristic protected by law.
The following example demonstrates the difference between a crime and a hate crime. A student who selects a car at random in a campus parking lot and smashes the windshield has committed criminal mischief. A student who is biased against Muslims and smashes a windshield because he or she knows that the car belongs to a Muslim student has likewise committed criminal mischief. However, this second incident is also a hate crime because the student was motivated by anti-Muslim bias.
Federal and state laws prohibit hate crimes, and hate crimes often result in enhanced criminal penalties. Students who commit hate crimes are subject to criminal prosecution in addition to discipline pursuant to this policy. The criminal process is separate and distinct from this policy. The fact that a criminal complaint has been filed, prosecuted or dismissed will not prevent Colgate from pursuing disciplinary action.
V. Definition of Retaliation
Students have the right to report bias-related conduct without fear of retaliation. Retaliation includes threats, intimidation, or reprisals. For example, it would be retaliatory to intimidate a witness or to shun a person from a student organization in retribution for the person’s having made a complaint of bias-related conduct.
Colgate strictly prohibits retaliation by any student against a person who makes a report of bias-related conduct, assists someone with a report, or participates in any aspect of the investigation or resolution of a report.
Acts of retaliation by students are subject to the standard disciplinary procedure set forth in the System of University Standards and Student Conduct and, in certain cases, may result in suspension. Acts of retaliation by other members of the community, such as faculty or staff, are subject to sanction as set forth in the University’s Equal Opportunity, Non-discrimination, Sexual Harassment and Other Forms of Harassment Policy.
VI. Confidentiality
Colgate understands that a student who has been the victim of bias-related conduct may wish to talk about the incident with the assurance that the discussion will be confidential. There are several support resources that students may utilize on a confidential basis. These include Counseling & Psychological Services, the Office of the Chaplains, and University Health Services. Students are encouraged to consult these sources for confidential emotional support. Because these services are confidential, a discussion with any of these sources does not result in a complaint being filed with the University or result in action being taken by the University to respond to the incident. A student who wants emotional support only should contact the confidential counseling resources listed above. A student wishing to have an incident investigated, mediated or adjudicated must make a complaint in accordance with the procedures described below.
The University endeavors to respect and follow the wishes of an individual who brings forward a bias incident. However, students should understand that Colgate may have ethical and legal obligations to investigate, attempt to resolve or adjudicate bias incidents that come to its attention. Therefore, depending on the circumstances, it may not be possible for a conversation with Campus Safety personnel, the University Harassment Officer, or other administrators to be kept in confidence always or, said another way, for these individuals simply to listen without taking action.
VII. Reporting Procedures and the Complaint Process
A student who feels that he or she has been the victim of a hate crime or bias-related conduct may consult a Harassment Advisor. Harassment Advisors do not make a determination as to the nature of the incident being reported, but can present the various options available to the student.
A. On-line Reports
One option for reporting bias-related incidents is through Colgate’s on-line report form. This can be submitted anonymously. The reporting form can be accessed here.
Anonymous reports that provide specific information may lead to at least a preliminary investigation. Due to the nature of anonymous reporting, however, it may not be possible to investigate, resolve or adjudicate reports made by means of the on-line reporting process.
B. Filing a Complaint
A student who wishes to make a complaint alleging that he or she has been subjected to bias-related conduct should contact either the University Harassment Officer Lyn Rugg x7288 or Campus Safety x7333 or www.colgate.edu/campussafety. The complaining student will be presented with options available to address the incident, and the Disciplinary Officer will receive notice of the complaint. At any time after receiving notice of the complaint, the University may direct an investigation into the allegations.
The University offers both informal and formal resolution options. Generally, the University seeks to follow the complaining party’s wishes as to which procedure to pursue. However, there may be situations in which, due to the nature of the allegations, informal resolution is inappropriate. This decision will be based on factors such as the egregiousness of the allegations (e.g., a complaint alleging a bias-motivated assault that resulted in injury), whether the accused student is a repeat offender, or whether there is otherwise reason to believe that the safety or interests of the campus community demand adjudication. In those instances, the University will apply the formal procedure only.
C. Informal Resolution Procedures
Informal procedures are designed to assist the parties to reach a mutually agreeable resolution.
(i) Mediation
Mediation sessions will be held only if the complaining party and the accused party both agree to mediate and if the Disciplinary Officer determines that mediation is appropriate under the circumstances. The Disciplinary Officer will act as mediator or will designate another person to act as mediator. The goal of mediation is to facilitate the parties’ discussions with each other such that a mutually acceptable resolution can be reached. At any point in the process or if no mutual resolution is reached, the complaining party may move the complaint to the formal adjudication process described below.
(ii) Contractual Agreement
In certain situations, a formal understanding is reached between the parties. This agreement is formalized in writing and is subject to approval by the Disciplinary Officer or his or her designee. The terms may include a pledge that the parties will have no further contact with each other, known as a “No Contact Agreement.” Once a student has signed a contractual agreement, it may not be revoked, and the terms may not be appealed. A student’s failure to adhere to any term of the agreement may result in referral to the Disciplinary Officer for an Administrative or Conduct Board hearing as described in the System of University Standards and Student Conduct.
D. Formal Adjudication Procedure
Formal procedures are designed to determine the merits of the allegations through adjudication and, where appropriate, to determine a disciplinary consequence for the accused student.
(i) Formal Statement
An individual wishing to have a complaint formally adjudicated will be asked to submit a written statement of complaint to the University Harassment Officer, or to Campus Safety, who will forward the statement to the Disciplinary Officer. The Disciplinary Officer will meet with the complaining student and explain the process.
(ii) Investigation
The Disciplinary Officer will meet with the parties separately and provide each party with the opportunity to be heard. The Disciplinary Officer may also speak to witnesses or others with relevant information. At any point, the Disciplinary Officer may refer the matter to Campus Safety for further investigation, and the Disciplinary Officer may rely on that investigation.
The University may proceed with an investigation and/or formal adjudication whenever the Disciplinary Officer determines this to be appropriate. This includes situations in which the complainant has not filed a written statement of complaint but the Disciplinary Officer nevertheless has notice of the incident (for example, through the on-line report process) and determines that investigation and/or adjudication is warranted.
(iii) Possible Outcomes of the Complaint Process
1. If the Disciplinary Officer finds that further adjudication is not warranted, the Disciplinary Officer will consult with the Dean of the College. If the Dean concurs, the complaint will be dismissed. This decision is not subject to formal appeal, but the complainant may ask the Dean of the Collegeto reconsider.
2. If the Disciplinary Officer believes that further adjudication is warranted, the Disciplinary Officer will consult with the Dean of the College. If the Dean concurs, one of the following will occur :
o An Administrative Hearing held by the Disciplinary Officer with the accused to determine appropriate consequences for the inappropriate behavior; or
o A University Student Conduct Board Bias Conduct Hearing.
Both the Administrative Hearing and the Student Conduct Board Hearing will be held in accordance with the University’s hearing procedures, which are outlined in the System of University Standards and Student Conduct.
All sanctions defined in the University Student Conduct Board are available. In the most serious cases, if the student is found to be responsible, the usual sanction is suspension or expulsion.
(iv) Appeal Process
The appeal process is the same as that for a University Standards Hearing and is described in the System of University Standards and Student Conduct.
At any point, the Disciplinary Officer or any other official referred to in this policy may designate his or her authority to another, more appropriate person. Further, the Disciplinary Officer may determine that a particular complaint or situation is best addressed pursuant to another of the University’s policies. In those cases, the matter will be handled pursuant to the policy the Disciplinary Officer, in consultation with the Dean of the College, determines is most appropriate.
VIII. Statement of Student Rights
A. A Student Who Reports A Bias-Related Conduct is entitled:
• To be treated with respect by University officials.
• To take advantage of campus support resources (Counseling & Psychological Services, the Office of the Chaplains, and University Health Services).
• To experience a safe living and educational environment. Students should consult with their administrative advisor [HOTLINK].
• To have an advisor during a University Student Conduct Board Bias Conduct Hearing in accordance with the System of University Standards and Student Conduct.
• To refuse to have an allegation resolved through informal resolution procedures.
• To not be prosecuted for minor misconduct that is ancillary to the bias-related incident.
• To be free from retaliation.
B. A Student Accused of Bias-Related Conduct is entitled:
• To be treated with respect by University officials.
• To take advantage of campus support resources (Counseling & Psychological Services, the Office of the Chaplains, and University Health Services).
• To have an advisor during a University Student Conduct Board Bias Conduct Hearing in accordance with the System of University Standards and Student Conduct.
• To refuse to have an allegation resolved through informal resolution procedures.
• To be heard in accordance with the System of University Standards and Student Conduct.