OBERLIN SHANSI POLICY ON DISCRIMINATION

AND SEXUAL AND OTHER HARASSMENT

Policy

 

Oberlin Shansi is committed to creating a work environment free from discrimination and harassment for its employees, participants, volunteers, Grantees, and Fellows. Oberlin Shansi will not tolerate discrimination or sexual harassment of any of its employees, participants, volunteers, Grantees, or Fellows by anyone, including, but not limited to, employees, trustees, vendors, participants, volunteers, Grantees, Fellows, and partner institutions.

 

Discrimination and harassment based on the following categories are prohibited: national or ethnic origin, race, color, sex, marital status, religion, creed, disability, age, military or veteran status, sexual orientation, family relationship to an employee of the organization, and gender identity and expression.

 

Oberlin Shansi believes it is the responsibility of all employees, participants, volunteers, Grantees, and Fellows to contribute to providing a workplace that is free from sexual and other harassment at all times. This requires that employees, participants, volunteers, Grantees, and Fellows do not engage in harassing behavior and that they report incidents of such behavior.

 

In keeping with that commitment, Shansi has established procedures to report, investigate, and resolve allegations of discrimination or sexual or other harassment. The policy will be provided to all new employees, volunteers, trustees, and fellowship and grant winners, and changes to the policy will be promptly distributed.

 

 

Definitions

 

Discrimination is any decision, act, or failure to act that substantially interferes with a person’s work when such decision, act, or failure to act is based on the categories listed above.  Discrimination also includes retaliation: retaliation is any decision, act, or failure to act that is based on that person’s opposition to discrimination or harassment or that person’s participation in a process aimed at addressing an allegation of discrimination or harassment.

 

Harassment is unwelcome speech or conduct (physical, oral, graphic, or written) related to one or more of the categories listed above that is sufficiently severe, persistent, or pervasive so as to interfere substantially with a person’s work or create an environment that a reasonable person would find hostile, offensive, or intimidating.

 

Some examples of conduct which may constitute prohibited harassment include but are not limited to the following:

 

  1. Lewd or sexually suggestive comments;

  2. Unwelcome sexual advances;

  3. Explicit sexual propositions;

  4. Sexual innuendo;

  5. Requests for sexual acts or favors (with or without accompanying promises or threats of reciprocal favors or actions);

  6. Foul or obscene language or gestures;

  7. Sexually oriented "kidding," "teasing," or "practical jokes";

  8. Display of foul, obscene, or sexually explicit printed or visual material, including pictures, greeting cards, articles, books, magazines, photos, or cartoons;

  9. Physical contact such as patting, pinching, or intentionally brushing against another's body; or

  10. Slurs, jokes or degrading comments concerning gender, gender-specific traits, age, race, color, national origin, religion, sexual orientation, or disability.

Procedures for Complaints

 

Applicability

The grievance procedures provided in this policy shall apply to complaints alleging discrimination or harassment carried out by employees, volunteers, participants, Grantees, Fellows, and/or third parties.

 

Reporting

All complaints of discrimination and harassment should be filed in writing by letter or email with the Executive Director. If the Executive Director is the person being accused in the complaint, the complaint should be submitted to the Chair of the Oberlin Shansi Board of Trustees. Receipt of the complaint will be acknowledged in writing within one day after the letter or email is opened by the Executive Director or Board Chair. Complaints must be filed within one calendar year of the last act of discrimination or harassment.

 

Investigation

All allegations of discrimination or harassment will be taken seriously and will be thoroughly and promptly investigated.  To the extent possible, confidentiality of the complainant, of any witnesses, and of the alleged perpetrator will be protected against unnecessary disclosure. 

 

The Chair of the Board of Trustees and the Executive Committee will be informed of any complaint no more than ten days after it is received and opened (“received”). The Executive Director (or Board Chair) will interview the complainant, the person against whom the complaint has been filed (the “respondent”), and other witnesses, and will review other evidence. Within 90 days of the receipt of a complaint, the Executive Director (or Board Chair) will report to the full Board or the Executive Committee of the Board on the status or completion of the investigation and will provide a recommendation for action or the basis for additional time to complete the investigation.

 

Decision

If the outcome of the investigation determines that a preponderance of the evidence supports the allegation(s), a recommendation for appropriate action will be forwarded to the full Board (or the Executive Committee acting on behalf of the full Board) for review and final decision on appropriate action. The final decision by the full Board or Executive Committee will be issued within 30 days of receipt of the report.

 

  • If the accused in the complaint is an employee, appropriate action may include but is not limited to disciplinary action, warnings that similar misconduct in the future may result in immediate discharge, recommendation of remedial counseling and/or training, or termination of employment.

 

  • If the accused in the complaint is a Fellow, Grantee, or other program participant, appropriate action may include but is not limited to immediate termination of Fellowship or program participation, warnings that similar misconduct in the future may result in immediate termination of Fellowship or program participation, or recommendations of remedial counseling and/or training.

 

  • If the accused in the complaint is an employee of a partner institution or vendor, Oberlin Shansi will present the finding to the partner institution and request immediate action to prevent the individual from being in contact with the complainant or other Shansi employees or participants. Additional appropriate actions may include but are not limited to termination of the partnership or vendor relationship, warnings that similar misconduct in the future may result in immediate termination of the partnership or vendor relationship, or other remedial action.

 

Written notification of the decision and steps taken will be provided to the complainant and the respondent after the full Board or Executive Committee makes a final decision. The complainant or respondent may provide a written argument appealing the decision within ten days of the issuance of a decision. The Board will respond to this appeal within 30 days.

 

Reprisals and Retaliation

Oberlin Shansi has a zero tolerance policy regarding reprisals or retaliation against any employee, participant, volunteer, Grantee, or Fellow who reports known or suspected discrimination or harassment or assists in any investigation or action resulting from a report.

 

[Approved, November 19, 2016]

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50 N Professor 
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(440) 775 - 8605
Shansi@oberlin.edu
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