Employee non-discrimination and anti-harassment policy

Lynn University is committed to a work environment in which individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment, on the basis of race, color, religion, sex, sexual orientation, sexual identity, gender, gender expression, or gender identity, age, national origin, ancestry, citizenship, disability , genetic disposition, veteran or military status, marital status, familial status or any other legally protected characteristic in accordance with federal and applicable state law (hereafter “protected characteristics”).

This policy applies to conduct committed by all employees, independent contractors, vendors, and others doing business with Lynn University. Conduct committed by students in their role as students is handled pursuant to Lynn University’s Student Code of Conduct and Conduct Review Procedures.

All allegations of sex discrimination which rise to the level of Sexual Harassment occurring within the University’s Education Programs and Activities as defined by the university’s Title IX Policy are handled exclusively pursuant to the procedures outlined in that policy. All other acts of Discrimination—including acts of sex discrimination which do not rise to the level of Sexual Harassment occurring within the University’s Education Programs and Activities as defined by the university’s Title IX Policy—are handled pursuant to this policy.

To the extent that alleged misconduct falls outside the Employee Non-Discrimination and Anti-Harassment Policy or university Title IX policy, or misconduct falling outside these policies is discovered in the course of investigating covered misconduct, the institution retains authority to investigate and adjudicate the allegations under policies and procedures defined within the Student Code of Conduct and Conduct Review procedures when complaints are filed against students or through other employee conduct policies.

Discrimination— the unfavorable, unfair or inequitable treatment of a person or a class of people because of protected characteristics that adversely affects a term or condition of an individual’s employment or participation in a Lynn University program or activity.

Hostile Environment Harassment— the harassment of an individual on the basis of protected characteristics when the conduct has the purpose or effect of unreasonably interfering with an individual’s employment.

Retaliation—taking adverse action against an individual making a complaint under this policy or against any person cooperating in the investigation of a complaint under this policy. Retaliation includes intimidation, threats, harassment, and/or other adverse action including adverse job action against any such complainant or third party.

It is a violation of this policy to engage in Discrimination, Hostile Environment Harassment, and/or Retaliation as defined above.

The following are illustrative examples of conduct that can constitute conduct which if based on an individual’s protected characteristic would violate this policy. This list is not all-inclusive; in addition, each situation will be considered in light of the specific facts and circumstances to determine if a policy violation has occurred.

• Singling out or targeting an individual for adverse treatment (e.g., more severe discipline, lower salary increase) because of their actual or perceived protected characteristic.
• Refusing to hire an individual because of their actual or perceived protected characteristic.
• Terminating an individual from employment based on their actual or perceived protected characteristic.

The university can only address potential violations of this policy when it becomes aware of problems. Therefore, any employee who believes they have experienced discrimination, harassment, or an incident of retaliation as prohibited by this policy should come forward promptly with their inquiries, reports, or complaints to one of the appropriate administrative officials identified below:

Upon receipt of a complaint, the Assistant Vice President of Employee Services or designee (hereafter “Employee Services”) will conduct a preliminary inquiry designed to assess (1) the institutional policy or policies potentially invoked by the alleged conduct, (2) the appropriate administrator to respond to the complaint, and (3) the best path of resolution for the complaint. This preliminary inquiry may or may not include meeting with involved parties and the collection of additional information. Based upon the preliminary inquiry, Employee Services will make a determination as to whether (a) investigation is warranted to resolve the case; (b) the case can possibly be resolved through informal resolution; or (c) no reasonable grounds exist for believing that the conduct at issue constitutes a violation of this policy.

In the event Employee Services determines there are no reasonable grounds for believing the conduct at issue constitutes a violation of this policy, Employee Services will close the complaint.

Employee Services will determine whether informal resolution is an appropriate mechanism of resolution based on the information provided about the incident.

If informal resolution is determined to be appropriate, Employee Services will meet separately with both parties to discuss an informal resolution based on the information available. If the proposed resolution satisfies the university’s obligation to provide a safe and non-discriminatory environment for the university community, the resolution will be implemented, and the matter will be closed. Employee Services will maintain records of all reports and conduct referred for resolution.

If Employee Services determines that investigation is warranted to resolve a concern, the university will determine whether a faculty member, staff employee, or third party is responsible for a violation of this policy and what, if any, corrective action is appropriate, in accordance with the procedures described below:

A. Assignment of Investigator

If Employee Services determines that formal investigation is warranted to resolve a complaint, Employee Services will appoint an investigator or investigative team with experience investigating allegations of discrimination and harassment. The investigator(s) may be an employee of the university or an external investigator engaged to assist the university in its fact gathering.

B. Investigation

Investigations will be conducted in a manner appropriate in light of the circumstances of the case. An investigation may include, but is not limited to, conducting interviews of the complainant, the respondent(s), and any witnesses (witnesses must have observed the acts in question or have information relevant to the incident); reviewing law enforcement investigation documents, if applicable; reviewing personnel files; and gathering, examining, and preserving other relevant documents and physical, written, and electronic evidence (including social media, security camera footage, etc.). The parties will be afforded an opportunity to identify and present relevant witnesses and evidence to the investigator, as well as identify witnesses who may have relevant information.

The investigator will make conclusions as to whether the respondent violated any provision of this policy. The standard of proof shall be by a preponderance of the evidence. The investigator’s findings and conclusions will be shared with Employee Services.

If the investigator determines that the respondent did not violate any provision of this policy, Employee Services will determine appropriate resolution of the complaint. Appropriate resolutions may include, but are not limited to, dismissal of the complaint, conferences with one or more of the parties, and the introduction of remedial and community-based efforts such as educational initiatives and/or trainings.

If the investigator(s), in consultation with Employee Services, determines there is sufficient information to find, by a preponderance of the evidence, that the respondent violated this policy, the matter will be referred for corrective action.

C. Corrective Action

If the respondent is found responsible for violating this policy, corrective action will be addressed as follows:

• For complaints against employees (including staff, faculty, and students acting in their capacity as student employees), Employee Services will consult with the individual's supervisor and department head to determine appropriate corrective action up to and including possible termination of employment.

• For complaints against contractors, vendors, and others doing business with the university, Employee Services will consult with the contracting department to determine the appropriate resolution.

D. Additional Procedures in Cases of Alleged Dating Violence—Domestic Violence, Sexual Assault and/or Stalking

Dating Violence. Domestic Violence, Sexual Assault and Stalking are defined in Lynn University's Title IX Policy, and those definitions are incorporated into this Policy. In the rare situation where an employee is accused of Dating Violence, Domestic Violence, Sexual Assault and/or Stalking and that alleged misconduct is not covered by the Title IX Policy, such misconduct may be covered by this Policy.

In such a case, the Title IX Coordinator will work with the alleged victim to discuss a range of protective measures that can be offered by Lynn University, including, but not limited to, assistance in securing court-ordered restraining orders, issuance of no-contact or no-trespass orders, the provision of leaves of absence. and access to institutional mental health resources. Additionally, in cases of Dating Violence, Domestic Violence, Sexual Assault and/or Stalking; the following additional procedures apply:

• The assigned investigator will receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and how the conduct an investigation that protects the safety of victims and promotes accountability.
• Both the asccuser and the accused will have the opportunity to be accompanied by an advisor of their choice to their investigatory interviews. The advisor, though, must not actively participate in the investigatory interview; and simultaneous notification will be provided, in writing, to both the accuser and the accused, of; the result of the investigation; any subsequent change in the result; and when the disciplinary process has become final.

Knowingly filing a false complaint of discrimination/harassment or retaliation is a violation of this policy. Such conduct may result in corrective action up to and including termination of employment.

This policy is not intended to inhibit or restrict academic freedom and this policy shall be interpreted in a manner that is consistent with the university's academic freedom policies.

Supervisory employees must report promptly to the Director of Employee Services incidents they witness or receive information about in the course and scope of their employment that:

1. A reasonable person would believe violate this policy; and
2. Are alleged to have been committed by or against a person who was an employee of the university at the time of the incident.

A supervisory employee who fails to make a required report will be subject to corrective action, up to and including termination of employment.