Student complaints against faculty or staff of Haverford fall within the purview of the College’s employee procedures, so reports of possible violations are received by the Director of Human Resources or one of the EEOC (Equal Employment Opportunity Commission) Officers. The College will take prompt and appropriate action as it deems necessary to resolve the matter, beginning with a determination of whether an EEOC Officer can attempt to address the situation in an informal manner with the concerned parties. If this is not appropriate or is unsuccessful, the group of three EEOC Officers will expand the fact-finding and conciliation process and attempt to reach a resolution. If the allegation is of sexual harassment and/or discrimination, the Title IX Coordinator will also be consulted throughout the process.
If the matter is not satisfactorily resolved, the President may be asked to form a panel to investigate. The panel will consist of five persons chosen from a pool of twenty representing the four groups of the community (five students, five faculty members, five members of the administrative/professional group, and five members of the Staff Association). Each group selects its own representatives. The President will ask each of the parties of the case to choose one member from the pool to participate on the panel. The President will then select three additional panel members from the pool and will designate one of the three to serve as chair. (Although the EEOC Officers are not in this pool, the students may request their presence as advisors.) The panel will make its recommendation to the President within a reasonable time. The functions of the panel include fact-finding and the preparation of reports as described below. Its proceedings are private and confidential; lawyers will not be present. Normally both parties will have the right to hear all testimony and will be able to respond to testimony in the presence of those giving it. The panel will be expected to question witnesses in light of such responses. When, however, a witness or either of the parties is unwilling, or is judged by the panel to be unable, to present statements in the presence of others, the panel may decide that the interests of justice require her or his statement to be made in private. In such cases, the panel will disclose the statement to both parties, identifying the author, and provide for other means of response and questioning.
The panel will submit a summary of the case, together with its recommendations as to sanctions, if appropriate, to the President. (Where serious charges are made against a faculty member that may lead to termination, the American Association of University Professors (AAUP) requires a special committee.) The President will review the findings in all cases and will make a final determination; this decision is not subject to further review.
In the event it finds that unacceptable conduct occurred, the College will take prompt corrective action. Anyone found to have engaged in misconduct constituting discrimination/harassment will be disciplined, up to and including discharge. Discipline may include, but is not limited to, a written reprimand; referral to counseling; withholding a promotion, reassignment, or pay increase or supplement; suspension; or, discharge. This policy relates to the College’s goal of promoting an environment free of discrimination and harassment. However, it is neither designed nor intended to limit the College’s authority to take disciplinary or remedial action for conduct deemed unacceptable, regardless of whether it satisfies the legal definition of discrimination or harassment.
The College will not retaliate against anyone who makes a report in good faith under this policy, nor permit any employee to do so. The reporting and investigation of allegations of retaliation will follow the procedures detailed above. Any person found to have retaliated against an individual in violation of this policy will be subject to appropriate disciplinary action.