Policy on Discrimination, Harassment and Sexual Misconduct
As a Catholic and Franciscan institution of higher education, Franciscan University of Steubenville (“Franciscan” or “University”) stands with the Catholic Church in seeing “in men and women, in every person, the living image of God himself. This image finds, and must always find anew, an even deeper and fuller unfolding of itself in the mystery of Christ…and [the Church] invites all people to recognize in everyone…a brother or sister for whom Christ died.” (Compendium of the Social Doctrine of the Church # 105). This understanding is the basis for the University’s commitment to promote and to defend the human dignity of all persons as Franciscan University strives to provide a learning, working, and living environment free from all forms of unlawful discrimination, discriminatory or sexual harassment, and all forms of sexual misconduct. Unlawful discrimination, harassment and sexual misconduct subvert the mission of our University, strike against the University’s Catholic and Franciscan values, and threaten the careers, educational experience, and well-being of students, faculty, and staff. The University is committed to this policy based upon its values and as required by Title IX of the Education Amendments of 1972, Campus Sexual Violence Elimination Act (Campus SaVE Act), Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), Violence Against Women Reauthorization Act of 2013 (VAWA), Titles VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, the Age Discrimination Act, as well as all other applicable laws, regulations and University policies.
All students, faculty and staff at the University have the right to expect an environment that allows them to enjoy the full benefits of their work or learning experience. It is, therefore, the policy of Franciscan that no member of the University community may engage in conduct which discriminates against or harasses another individual or group on the basis of race, color, national or ethnic origin, sex, age, disability, veteran’s status or any other criteria protected by applicable law. Likewise, Franciscan prohibits conduct which constitutes sexual misconduct (i.e., sexual harassment, dating violence, domestic violence, and stalking as those terms are defined below).
This policy shall apply equally to all members of the University community including students, employees (faculty and staff), appointees, Board of Trustee members, volunteers, vendors, contractors, visitors, third parties, and any other affiliated persons or entities of the University and to all programs, activities and functions of the University. Under this policy, individuals are deemed to be “students” from the time they accept the University’s offer of admission until the end of the term in which they graduate, withdraw, or are dismissed. High school students enrolled for classes through the University are considered students under this policy only during the time in which they are actually taking a class(es) through the University. Under this policy, individuals are deemed to be “employees” of the University from the time they accept the University’s offer of employment until the last official day of their employment with the University.
All members of the University community are responsible for knowing the information and procedures outlined in this policy. The University reserves the right to make changes to this policy as necessary and once the changes are posted online, they are in effect. Therefore, all members of the University community are responsible and strongly encouraged to regularly check online for the updated version of this policy. The University will ensure that the “revised date” is updated at the top of the policy to provide notice that a revised version of the policy has been approved.
All members of the University community have an obligation to promote an environment free from conduct which conflicts with this policy. Members of the University community who are aware of conduct that violates this policy, whether they observe the conduct directly or otherwise learn about it, are expected to report it to one of the individuals listed under Section III below. All “responsible employees” (as defined in Section VI below) are obligated by this policy to report such conduct to one of the individuals listed under Section III below to assure that the matter is handled promptly and appropriately by trained personnel and that appropriate actions are taken, including supportive measures.
Any student, employee (faculty and staff), appointee, Board of Trustee member, volunteer, vendor, contractor, visitor, third party, and any other affiliated person or entity of the University found to have violated this policy will be subject to appropriate remedial action as outlined herein. The remedial action will depend on the circumstances and the gravity of the violation, and may range from reprimand to dismissal, or termination. The University will also take appropriate steps to end the misconduct, and to remedy the effects of the violation for the complainant and the University community, and to prevent recurrence of the violation.
The intent of this policy is to prohibit unlawful discrimination, discriminatory harassment and sexual misconduct (i.e., sexual harassment, dating violence, domestic violence and stalking), and to promote the full realization of equal opportunity while preserving the religious nature of Franciscan University as Catholic and Franciscan as prescribed in the University’s By-Laws and Mission Statement. It is understood that nothing in this policy will undermine the integrity of Franciscan University as a Catholic University. Therefore, no oral or written statement that is in conformity with the teaching of the Roman Catholic Church shall be deemed as violating this policy, and no absence of a statement, oral or written, when such silence is again in accord with Catholic teaching, shall be deemed a violation of this policy. Finally, the approved policies of academic freedom shall be respected and are understood to be consistent with the implementation of this policy.
The University engages in an interactive process to consider requests for accommodations related to a disability. Individuals who believe that they are being denied equal access because of a denied accommodation or because of a failure to provide an approved accommodation should utilize the grievance procedure provided through the Student Academic Support Services for Students and the Policy and Procedures on Reasonable Disability Accommodations for Employees and Applicants. All other complaints regarding disability discrimination and/or harassment will be handled through this policy and process.
University’s Jurisdiction Under This Policy:
The University has jurisdiction to investigate any alleged violations of this policy regardless of whether the conduct happened on-campus or off-campus, so long as the conduct could interfere with or limit a person’s ability to participate in or benefit from the University’s educational programs and activities. (Note: See below for the specific jurisdiction requirements for alleged violations of sexual misconduct as defined in Section IV below). The University reserves the right to take any action it deems appropriate to address a situation of misconduct under this policy and provide the necessary supportive measures, services and resources to those individuals impacted, including the broader University community, when necessary, even where one or more of the parties involved are not members of the University community.
Where discrimination, harassment and sexual misconduct are involved, this policy shall supersede all other policies and procedures set forth in all other University policies and handbooks. Additionally, the Department of Education has stated that if there is a direct conflict between the requirements of Family Educational Rights and Privacy Act (FERPA) and the requirements of Title IX of the Education Amendments of 1972 (Title IX), such that enforcement of FERPA would interfere with the Title IX’s purpose of eliminating sex-based discrimination in higher education, the requirements of Title IX override any conflicting FERPA provisions.
Any alleged violation of this policy that does not meet these criteria to initiate an investigation under this policy may be referred to the respective University Vice President (for Student Life, Human Resources and/or Academic Affairs) to address the allegation in accordance with the applicable student, employee and/or faculty handbooks.
Under this policy, if the accused individual has dual status, or in cases where there are multiple accused individuals with varying statuses, the Title IX/EEO Coordinator (or designee) will determine the appropriate grievance resolution process under this policy. Where the accused individual is not a member of the University community (such as a vendor, contractor, third party or visitor), the University is not required to follow the entire process described in this policy or in the above specified handbooks. In such cases, the University reserves the right to take summary action (e.g., issuing a no trespass order, prohibition to attend University programs or activities, no contact order, etc.) against the accused individual.
The University reserves the right to take any action it deems appropriate to address a situation of misconduct under this policy and provide the necessary supportive measures, services and resources to those individuals impacted,
including the broader University community, when necessary, even where one or more of the parties involved are not members of the University community.
University’s Jurisdiction Relating Specifically to Sexual Misconduct (as defined in Section IV below):
Upon receiving actual knowledge (as defined in Section VI below) of an alleged violation of sexual misconduct, the University has jurisdiction to investigate such allegation that occurred in a University education program or activity against a person in the United States. A University education program or activity includes locations, events, or circumstances over which the University exercised substantial control over both the respondent and the context in which the sexual misconduct occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the University.
If the alleged violation for sexual misconduct does not meet the jurisdictional requirements set forth in the above paragraph, the matter may be referred to the respective University Vice President (for Student Life, Human Resources and/or Academic Affairs) to address the sexual misconduct allegation in accordance with the applicable student, employee or faculty handbook; however, the Grievance Resolution Process set forth in this policy will be utilized in determining responsibility.
Note: The version of this policy that is in effect at the time a report or formal complaint for an alleged violation of this policy is (or was) made to the Title IX/EEO Coordinator (or designee), Deputy Title IX/EEO Coordinator, or a University employee will be utilized to address said allegation(s).