(A) Non-discrimination
(1) Statement: Wright
state university (WSU) firmly rejects and prohibits harassment and
discrimination on the basis of race, color, religion, age, national origin,
national ancestry, sex, pregnancy, gender, gender identity or expression,
sexual orientation, military service or veteran status, mental or physical
disability, or genetic information in employment, admission, treatment, or
access to its programs or activities.
Wright state university is committed to
following all applicable state and federal equal opportunity/affirmative action
statutes and regulations.
For the purpose of determining whether particular conduct
constitutes a violation of Wright state university's non-discrimination
rule, the following definitions will be used:
(a) Discrimination - unequal and unlawful treatment,
prejudice or prejudicial outlook, action to make a difference in treatment or
favor on a basis of one or more protected classes prohibited by law and this
rule.
(b) Harassment - unwelcome conduct that is
severe, pervasive, or persistent and is made either a condition of working or
learning or creates a hostile environment. Harassment is a form of
discrimination.
The more severe the conduct the less need there is to show a
repetitive series of incidents to demonstrate a violation of this rule. A
single severe incident may be sufficient to demonstrate a rule
violation.
(c) Retaliation - subjecting an individual to
adverse action for asserting the individual's rights to be free from
discrimination and harassment on the basis of one or more protected classes
prohibited by law and WSU. Retaliation against any member of the Wright state
university community as a result of that individual's involvement in the
complaint procedure outlined in this policy is prohibited and shall be regarded
as a separate and distinct cause for complaint under this policy.
(2) Title IX
coordinator
(a) Title IX of the Education Amendments of 1972 is a
federal law prohibiting discrimination on the basis of sex in higher education.
Sex discrimination includes sexual harassment, sexual violence, sexual
misconduct, domestic violence, dating violence and stalking.
(b) Wright state university's Title IX coordinator is
Lindsay Wight, director of the office of equity and inclusion (OEI). Ms. Wight
can be reached using the information following.
"Ms. Lindsay Wight, Director
Title IX Coordinator
Office of Equity and Inclusion
Wright State University
436 Millett Hall
3640 Colonel Glenn Highway
Dayton, OH 45435
(937) 775-3207 (phone)
(937) 775-3027 (fax)
oei-title9@wright.edu (email)"
(c) Additional information regarding Title IX, including
the procedure for filing a complaint, is located at
https://policy.wright.edu/policy/8065-gender-based-
harassment-and-violence.
(d) The roles and contact information for Wright state
university's deputy Title IX coordinators are listed at
https://policy.wright.edu/policy/8065-gender-based-
harassment-and-violence.
(3) ADA/Title II/section
504 coordinator
(a) Title II of the Americans with Disabilities Act and
Section 504 of the Rehabilitation Act of 1973 are federal laws prohibiting
discrimination on the basis of a disability by state and local governments and
by recipients of federal financial assistance.
(b) Wright state university's ADA/Title II/Section 504
Coordinator is Tom Webb, director of the office of disability services. Mr.
Webb can be reached using the information following.
"Mr. Tom Webb, Director
504/Title II ADA Coordinator
Office of Disability Services
Wright State University
180 University Hall
3640 Colonel Glenn Highway
Dayton, OH 45435
(937) 775-5680 (phone)
(937) 775-5699 (fax)
ada@wright.edu (email)"
(c) Information for employees and applicants regarding
reasonable accommodation requests is available in the office of equity and
inclusion.
(B) Filing a complaint of harassment or
discrimination
(1) To file a complaint
alleging harassment or discrimination based on disability, please see the
Wright state university's disability discrimination complaint procedure:
https://www.wright.edu/equity-and-inclusion/americans-with-disabilities-act/disability-discrimination-complaint-procedure.
(2) Anyone who wishes to
file a gender-based harassment and violence complaint should follow the
procedure outlined at https://policy.wright.edu/policy/8065-gender-based-
harassment-and-violence.
(3) To file a harassment
or discrimination complaint based on any of the other protected classes listed
in this rule paragraph, please see the options following.
(a) Complaints against students or student groups:
Complaints of harassment and discrimination based on protected classes in this
rule against students or student groups, including complaints by vendors,
contractors, and others who do business with the university and complaints by
visitors or guests on campus, should be reported to the office of community
standards and student conduct (OCSSC). Alternatively, complaints against
students or student groups can be reported to the university
police.
"Office of Community Standards and
Student Conduct
Wright State University
022 Student Union
3640 Colonel Glenn Hwy
Dayton, OH 45435
(937) 775-4240 (phone)
(937) 775-3742 (fax)
studentconduct@wright.edu (email)
http://www.wright.edu/community-standards-and-student-conduct
Wright State University Police
Department
Wright State University
118 Campus Services Building
3640 Colonel Glenn Hwy
Dayton, OH 45435
911 (emergency phone)
(937) 775-2111 (non-emergency phone)
(937) 775-2056 (office)
(937) 775-3045 (fax)
wsupolice@wright.edu (email)
http://www.wright.edu/police"
(b) Complaints against faculty, staff or any other
non-student/non-student group listed in paragraph (B)(3) of this policy:
Complaints of harassment and discrimination based on protected classes in this
rule, including complaints by vendors, contractors, and others who do business
with the university and complaints by visitors or guests on campus alleging
discrimination by Wright state university employees or alleging that a visitor
or guest attending an event sponsored by the university on
university-controlled property has been discriminated against, should be
reported to OEI. Alternatively, complaints against faculty, staff or any other
non-student/non-student group listed in the rule coverage section of this rule
can be reported to human resources, the office of the vice provost for faculty
affairs or to the university police. Complaints received by human resources,
the office of the vice provost for faculty affairs, or the university police
department will be forwarded to OEI for investigation.
"Office of Equity and Inclusion
Wright State University
436 Millett Hall
3640 Colonel Glenn Highway
Dayton, OH 45435
(937) 775-3207 (phone)
(937) 775-3027 (fax)
oei@wright.edu (email)
http://www.wright.edu/equity-and-inclusion
Office of the Vice Provost for Faculty
Affairs
Wright State University
268 University Hall
3640 Colonel Glenn Hwy
Dayton, OH 45435
(937) 775-3036 (phone)
(937) 775-2421 (fax)
associateprovost@wright.edu (email)
Human Resources
Wright State University
2455 Presidential Dr., Suite 221
Fairborn, OH 45324
(937) 775-2120 (phone)
(937) 775-3040 (fax)
human_resources@wright.edu (email)
http://www.wright.edu/human-resources
Wright State University Police
Department
Wright State University
118 Campus Services Building
3640 Colonel Glenn Hwy
Dayton, OH 45435
911 (emergency phone)
(937) 775-2111 (non-emergency phone)
(937) 775-2056 (office)
(937) 775-3045 (fax)
wsupolice@wright.edu (email)
http://www.wright.edu/police"
(4) Harassment and
discrimination based on a protected class violates federal and state laws and
Wright state university rule. A person may wish to exercise complaints to
various agencies outside of Wright state university including, but not limited
to, the United States department of education office for civil rights (OCR),
United States department of labor (DOL), equal employment opportunity
commission (EEOC) and Ohio civil rights commission (OCRC). Please note that
these agencies may have time limits for filing complaints.
(5) Anonymous reports
will be accepted; however, the university's options for investigating or
resolving anonymous reports may be limited because of the unique challenges
presented. OEI reviews and takes appropriate action on all reports including
anonymous reports.
(6) A person may file a
report by communicating (orally or in writing) their concerns to any of the
reporting units listed in this policy within one hundred eighty days of the
last incident of alleged harassment or discrimination.
(7) People with
disabilities: Wright state university will make appropriate arrangements to
ensure that people with disabilities are provided accommodations, if needed, to
participate in this complaint procedure. Such arrangements may include, but are
not limited to, providing interpreters for the deaf or assuring a barrier-free
location for the proceedings. The Section 504/ADA coordinator for WSU will be
responsible for such arrangements and can be reached at (937) 775-5680 or
ada@wright.edu.
(C) Coverage
This policy applies to all aspects of Wright
state's operations and programs. It applies to all university students and
employees, including faculty, administrators, all staff, (including classified,
unclassified and bargaining unit) and student employees. It also applies to all
vendors, contractors, subcontractors, and others who do business with the
university. It applies to all visitors or guests on campus to the extent that
there is an allegation of harassment or discrimination made against them or
made by them against university students or employees or to the extent that
there is an allegation that a visitor or guest attending an event sponsored by
the university on university-controlled property, or accessing university
websites has been discriminated against by being denied access to facilities
related to participating in Wright state university programs or
activities.
(1) Wright state
university property includes Dayton campus, Lake campus, and any other location
where employees or students engage in university business or participate in any
university sanctioned activity. This rule also applies to harassment or
discrimination that occurs outside the educational program or workplace if the
conduct negatively affects a person's educational or work environment and
the harassment or discrimination is the result of interactions with a person
covered under this policy.
(2) Nothing in this
policy shall be construed to abridge academic freedom and inquiry, principles
of free speech, the collective bargaining agreements between Wright state
university and the AAUP-WSU, teamsters local No. 957, or fraternal order of
police/Ohio labor council, the right to redress to the Ohio civil rights
commission or the office for civil rights, or the university's educational
mission.
(D) Initial response to a report of
harassment and/or discrimination filed with and processed by OEI
(1) Upon receipt of a
report of harassment and/or discrimination, OEI staff will review the report to
ensure that the alleged activity falls within the purview of OEI.
(a) If it is determined that the alleged activity is not
within the purview of OEI, OEI staff will contact the individual who submitted
the report and attempt to assist them in identifying an appropriate course of
action.
(b) If it is determined that the alleged activity does fall
within the purview of OEI, OEI staff will contact the individual who submitted
the report to request that individual's preferred course of
action.
(2) Reports alleging
harassment and/or discrimination by a student will be referred by OEI to the
office of community standards and student conduct (CSSC) for resolution under
the code of student conduct.
(E) Types of resolution of reports of
harassment and/or discrimination filed with and processed by OEI
(1) Formal
(a) Upon receiving a timely filed formal complaint, OEI
will conduct an investigation. This complaint procedure contemplates informal
but thorough and impartial investigations, affording all interested persons and
their representatives, if any, an opportunity to submit information including
documentation and the identification of witnesses relevant to a complaint. Any
and all information received will be reviewed and all relevant witnesses will
be interviewed to reveal the facts of the situation and determine how best to
resolve the complaint.
A person(s) accused shall have the right to
present information and testimony in an effort to defend actions s/he has taken
related to the complaint. This opportunity will be available by alternate means
in situations where providing this input otherwise would cause undue harm to
another party involved in the process (e.g., a personal confrontation that
would have the impact of harassment, intimidation, etc.; would be altered by
use of technology, use of a third party to provide the information,
etc.).
The person filing the complaint is not
expected to prosecute the alleged discrimination claim, but rather OEI will
conduct an investigation under the guidelines prescribed in this procedure.
Both the person(s) accused and the person filing the complaint will be asked to
provide relevant evidence. OEI will review all relevant evidence collected in
the investigation and determine whether it is more likely than not that a
policy violation has occurred.
(b) As part of its investigation, OEI will take the
following steps:
(i) Write a letter
informing the respondent (the individual who is being filed against) of the
complainant's (the individual who is filing the report) allegations of
harassment and/or discrimination. OEI will send the letter within three
business days of receipt of a timely filed formal complaint. Every effort will
be made to deliver the letter to the respondent prior to the respondent's
meeting with OEI to discuss the allegations.
(ii) Schedule meetings
with both the complainant and the respondent and individuals who are named by
both parties as people who may have knowledge or witnessed the alleged
harassment and/or discrimination (witnesses).
(iii) Provide both
parties with an opportunity to provide documentation and/or other information
regarding the allegations.
(iv) Write a summary,
after all interviews are completed, of the information gained and outline
whether or not OEI believes that the information presented shows a violation of
this rule.
(c) The effort to resolve the complaint formally should be
completed no less than thirty days from the date the original complaint was
received. OEI will issue a written decision on the complaint. A copy of the
written resolution will be provided to both the complainant (and alleged victim
if different from the complainant) and the person(s) accused.
(d) If extenuating circumstances dictate an extension of
time, OEI will notify the complainant and person(s) accused in writing of the
delay, and an estimate of the time frame for completion of the
investigation.
(e) Upon completion of the investigation, the university
will provide a prompt, equitable resolution(s) including taking steps to
prevent recurrence of any discrimination that it finds has occurred, and to
correct the effects of such discrimination on the complainant and others, if
appropriate.
(2) Informal
(a) If the individual who submitted the report wishes to
pursue an informal resolution process OEI will meet with individuals involved
to gather information and develop a plan for moving forward.
(b) The effort to resolve the complaint informally should
be completed no less than thirty days from the date the original complaint was
received. The participation of the complainant in an informal effort to resolve
a complaint is voluntary and the informal process will be adjusted immediately
if the complainant wishes to bypass the informal process. To initiate the
formal complaint process, the complainant must notify OEI that he/she would
like to file a formal complaint in accordance with the formal procedure
detailed above. The complainant can elect to pursue the formal procedure at any
time, including after the informal procedure has already been
initiated.
(F) Anti-retaliation rule concerning
reports of harassment and/or discrimination filed with and processed by
OEI
(1) Retaliation
prohibited: It is a violation of WSU rule and federal regulations to retaliate
against anyone who files a complaint or cooperates in the investigation of a
complaint. Discrimination against any individual because he or she reported
harassment or discrimination, or made a complaint, testified, assisted, or
participated in any investigation, informal resolution process or proceeding,
is prohibited. Coercion or intimidation of, threats toward, or interference
with anyone because he or she exercised or enjoyed rights outlined by Wright
state university's non-discrimination statement, or helped or encouraged
someone else to do so, is also prohibited.
(a) If an individual believes that they have been
retaliated against based on their participation in an OEI formal investigation
or informal resolution process, they are encouraged to contact
OEI.
(b) OEI will investigate the report of retaliation as a
separate report and will conduct a separate investigation.
(G) Appeal process concerning reports of
harassment and/or discrimination filed with and processed by OEI
The complainant and/or the person(s) accused may
appeal OEI's written resolution as follows:
(1) If both the
complainant and the person(s) accused are students, the appeal will be handled
through the office of community standards and student conduct pursuant to the
code of student conduct. A request for an appeal may be made in accordance with
the timeframe set forth in the code of student conduct
https://policy.wright.edu/policy/3720-code-student-conduct and for the reasons
set forth in the code of student conduct
(2) If the complainant
and/or the person(s) accused is a Wright state university employee, the appeal
will be handled by the chief diversity officer. Either the complainant (or the
alleged victim if different from the complainant) or the person alleged to have
violated this policy may request a review of the written resolution of OEI. A
review of the written decision is only available to Wright state university
community members. The request for review must be made in writing, stating the
reasons for the request and must be forwarded to the chief diversity officer
within fifteen days of receiving the written resolution of OEI. The chief
diversity officer shall issue a written response to the appeal no later than
thirty days after its filing. In the written response from the chief diversity
officer, the following possible outcomes will be considered:
(a) Affirm or reverse the decision of OEI.
(b) Remand the matter back to OEI for additional
investigation and a supplementary report based on additional
investigation.
(c) Affirm or recommend modifying the decision of
OEI.
If the chief diversity officer concludes that
this policy has been violated, such conclusion will instruct OEI to take
immediate action to eliminate the harassment or discrimination.
