Policy Against Harassment, Discrimination and Retaliation and Complaint Resolution Procedures

Summary

This article outlines Maryville University's Policy against harassment, discrimination, and retaliation, as well as the procedures for complaint resolution.

I. Commitment To Non-Discrimination, Non-Harassment and Non-Retaliation and Reporting

Maryville is committed to providing equal opportunities for all persons. The University prohibits discrimination, harassment, and retaliation on the basis of race, color, national origin, ancestry, creed, religion, sex, pregnancy status, marital status, age, disability, citizenship or intended citizenship status, veteran status, or any other status protected by law (“protected status”). The University also provides equal opportunities for all individuals regardless of their sexual orientation or gender identity.

Persons who engage in prohibited discrimination, harassment, or retaliation are subject to discipline, up to and including termination or dismissal.

The University applies its nondiscrimination policies in a manner consistent with governing state and federal laws. Nothing in the University’s policies prohibits the University from considering an individual’s biological sex when determining access to single-sex facilities or participation in single-sex programs or activities. See also the Maryville Notice of Nondiscrimination and Equal Opportunity.

This Policy also prohibits retaliation against someone because the individual filed a report or complaint under this Policy, opposed an unlawful practice, participated in an investigation, or requested supportive measures. Finally, this Policy prohibits failing to cooperate in good faith, filing false complaints or providing materially false information, interfering with this Policy’s processes, or failing to report incidents reasonably believed to constitute discrimination, harassment, or retaliation.

Preventing prohibited discrimination, harassment and retaliation is the responsibility of all members of the University Community. All University employees, supervisors, and administrators who have not been designated as confidential employees because of professional or pastoral confidentiality, are considered responsible employees under the policy and must immediately report any complaints, reports, observations, or other information of alleged discrimination, harassment, or retaliation, to the designated University employee, even if that University employee is investigating the alleged discrimination as part of the University’s student or employee disciplinary process. Students, faculty, staff, and third parties should report a potential violation of this policy as soon as possible to the Office of Institutional Equity and Compliance (OIEC) using the OIEC reporting form or directly to:

Student General Reports on Harassment and Discrimination
Dr. Aretha Hardrick
Dean of Students and Deputy Title IX Coordinator
Sl@maryville.edu
314-529-9476

Employee Title IX and General Reports on Harassment and Discrimination

Claire Benefield
Deputy Title IX Coordinator & Human Relations Officer
Human Resources
hr@maryville.edu
314-529-9382

Employees should provide complainants, whether students or subordinate employees, with information for filing a complaint of discrimination.

The University will respond to reports of potential prohibited conduct in an adequate, reliable, and impartial manner, as set forth below. If the University determines that discrimination has occurred, appropriate corrective and remedial actions will be taken.

II. Scope

This Policy applies to reports of discrimination, harassment, and retaliation on the basis of protected status. Procedures for reporting sexual harassment, sexual assault, domestic violence, dating violence, and stalking, are governed exclusively by the University’s Sexual Harassment Policy (Title IX). Sexual harassment and sex discrimination that falls outside the scope or jurisdiction of the University’s Sexual Harassment Policy will be reviewed under this Policy.

This Policy applies to all University faculty, staff, employees, student organizations, visitors, contractors, university affiliates, and applicants for admission to or employment with the University and others conducting business on campus. Reports and complaints against individuals not subject to this Policy may be referred to other departments for further review or action or are processed to provide support resources to the affected individual where appropriate.

This Policy applies to conduct that occurs on campus, or in university-owned housing, or in an education program or activity. Campus means any building or property owned or leased by the University that is used in direct support of the University’s educational purposes. An education program or activity means locations, events, or circumstances over which the University exercises substantial control, and includes any building owned or controlled by a registered student organization. This Policy applies to off campus conduct when the conduct substantially affects a person’s education or employment with the University or poses a risk of harm to members of the University community.

III. Prohibited Conduct

The following are categories of conduct that violate this Policy. Individuals who believe they have been subjected to the conduct that violates this Policy are encouraged to file a complaint with the University using the procedures outlined below (See Section IV). Any person found in violation of this Policy is subject to disciplinary action, up to and including termination or expulsion, or losing affiliate status.

Discrimination

Conduct directed at an individual group of identifiable individuals subjects them to treatment that creates a materially adverse impact to their employment or education because of their race, color, national origin, ethnicity, religion, sex, pregnancy, status, sexual orientation, gender identity, marital status, age, disability, veteran status, or any other legally protected basis.

Discriminatory Harassment

Verbal or physical conduct that is directed at an individual or group because of their actual or perceived protected characteristics that, based on the totality of circumstances, is subjectively and objectively offensive and is so sufficiently severe or pervasive that it limits or denies an individual’s ability to participate in or benefit from the University’s education program or activity. Such conduct is evaluated from the perspective of the individual who is allegedly being harassed and from the perspective of a reasonable person in that student’s or employee’s position, considering all the circumstances.

Examples of harassment prohibited by this policy may include, but are not limited to, inappropriate gestures, inappropriate written or electronic material, threats or intimidating or hostile conduct, physical acts of aggression, assault, or violence, criminal offenses, jokes or pranks, name-calling, offensive objects or pictures that are hostile or demeaning with regard to a person’s protected status or have the purpose or effect of creating an intimidating, hostile, abusive or offensive working or academic environment.

Retaliation

Any action taken to cause a materially adverse effect in the terms or conditions of an individual’s academic experience or employment with the University, or other institutional status of a student, employee, visitor, or applicant for admission or employment with the University, because an individual has, in good faith reported or brought a complaint under this Policy, opposed an unlawful practice, participated in an investigation, or requested supportive or protective measures.

Examples of retaliation include, but are not limited to, denial of an educational opportunity, experience or promotion, non-selection/refusal to hire, denial of job benefits, demotion or negative impact on grades or academic status, suspension, discharge, reprimands, negative evaluations, harassment, or other adverse treatment that is likely to deter reasonable people from pursuing their rights.

Retaliation may be found even when an underlying report or complaint made in good faith was not substantiated.

IV. Investigation And Resolution Procedures

The University recognizes the rights of parties to report an incident to the University and to receive a prompt and equitable resolution of the report.

Timing of Complaint

Generally, any complaint should be filed within 365 calendar days of the act of alleged discrimination or harassment. The designated office may reasonably extend this and all other time periods, and may, in their discretion, dismiss a report or complaint if the person is not entitled to use this procedure.
Definitions
1. Complainant: The individual who is alleged to be the victim of any prohibited conduct under this Policy.
2. Complaint: Information submitted, by a Complainant, alleging a violation of this Policy.
3. Notification: Notification under this Policy occurs on the date any documentation is sent by electronic mail, when properly addressed. Notification may also occur two days after the dated of posting of any document in the United States mail, properly addressed. The designated office will use the address included in the report or complaint as the last known address contained in the desginated office’s file.
4. Parties: The “Complainant” and the “Respondent” under this Policy.
5. Preponderance of the Evidence: This is the standard of evidence the University uses to determine whether a respondent is responsible for violating this Policy. A preponderance of the evidence is often described as “more likely than not.”
6. Relevant: Evidence that has (i) any tendency to make a fact more or less probable than it would be without its existence, and (ii) the fact is of consequence in determining if a policy violation has occurred.
7. Report: Information submitted by a Reporter, alleging a violation of this Policy.
8. Reporter: An individual, other than a complainant, making a report of an incident(s) under this Policy.
9. Respondent: The individual and/or organization/group reported to be the alleged perpetrator of conduct that violates this Policy.
Initial Review and Assessment Procedures
1. Purpose. The designated office will conduct an initial review of all reports and complaints. This initial review is to assess whether a complaint or report describes in sufficient detail the conduct that is the basis of the complaint, whether the alleged conduct (if true) implicates this Policy and if a formal investigation is warranted.
2. Intake Review. The designated office may conduct an intake review, which may include interviews to gather more information regarding the allegation(s). This is not a formal investigation but includes all appropriate steps to properly and thoroughly evaluate a complaint or report.
3. Potential Outcome/Resolution of Complaints or Reports. The designated office will determine whether the complaint or report should be (i) closed due to insufficient information; (ii) closed because the University does not have control over the respondent; (iii) referred to the appropriate department for further review and action; (iv) considered for informal resolution; or (v) formally investigated.

Even if a complaint or report is withdrawn, the designated office may continue to review the matter if the alleged conduct implicates this Policy.

1. Notification of Results. If the designated office determines the matter should be referred or closed, the designated office will provide a notification to the complainant and respondent (if interviewed during the initial review and/or designated office has reason to believe that the respondent is aware of the complaint or report) that includes a brief summary of the relevant known facts and brief explanation of the initial review determination.
2. Standard of Review. Investigative findings under this Policy will be made using the preponderance of the evidence standard (i.e., “more likely than not”). This standard required that the information supporting an alleged violation be more convincing than the information in opposition to it.
Interim/Protective Measures

When deemed appropriate, interim or protective measures may be implemented. Either party may request interim or protective measures. Interim or protective measures remain in place until the investigation, appeals, and disciplinary processes are concluded. Interim measures may be available even if a party chooses not to participate in an investigation. The designated office is responsible for implementing interim or protective measures. Interim or protective measures may include the following:

1. Notifications to professors/instructors
2. Schedule changes
3. Course load reductions
4. Withdrawals
5. Course retakes
6. Coordinating academic extensions
7. Alternative housing
8. No contact directive/order
9. Removal of parties from campus
10. Alternative work schedules/locations
11. Referrals to on and off campus employment
12. Transportation information
13. Leave of absence from employment
14. Other remedies as deemed appropriate

The need for interim measures will be discussed with the parties to the investigation and any necessary University administrators. The implementation of any such measures will be kept confidential, to the extent that doing so does not impair the University’s ability to provide them. Any adjustments will be designed to minimize the burden on access to the University’s educational, employment or other programs and activities.

Resolution Procedures – Generally
1. Investigation Responsibility. The designated office is responsible for conducting formal investigation into complaints and reports involving possible violations of this Policy. The designated office will initiate a formal investigation if a complaint is within the scope of this Policy and articulates sufficient specific facts, which, if true, would support a finding that this Policy was violated.
  
  If a complaint or report is withdrawn, the designated office may choose to initiate a formal investigation if the alleged conduct implicates this Policy.
2. Notice of Investigation. If a formal investigation is warranted, the designated office will provide the parties a written Notice of Investigation (“NOI”). The NOI will include:
  1. - A statement of the allegation(s) to be investigated;
    - Name and contact information for the investigator assigned to investigate the matter;
    - A statement notifying the parties that they have (3) days to submit, to the investigator, a written response to the allegations;
    - A statement notifying the parties that they shall have the opportunity to identify witnesses and evidence and to provide any information they would like the investigator to consider;
    - A statement advising the parties that retaliation is prohibited and engaging in retaliation will result in appropriate disciplinary action;
    - Information regarding resources available to the parties.
    - A statement notifying the parties that investigations will be handled discreetly, with information shared only with those persons who have a need to know to conduct a full, fair, and impartial investigation.
Informal Resolution Option
The informal resolution process is an alternative to the formal investigation, which allows the parties to explore a mutually agreeable resolution. Following the Notice of Investigation, the informal resolution process can be initiated at the suggestion of the designated office or at the request of the complainant or respondent. The informal resolution process is never required.
1. All parties must voluntarily agree, in writing, to participate in an informal process, and if both parties voluntarily agree to attempt informal resolution, the process will be facilitated by the designated office.
2. At any point during the informal process, either party may initiate the formal complaint procedure and abandon informal resolution. However, an informal resolution process will not delay the University’s duty to conduct a prompt investigation of a complaint of prohibited conduct under this Policy.
3. The University will document any informal resolution. The designated office will maintain any records relating to any outcome reached through informal resolution.
4. In reaching an agreement, the complaint is deemed resolved and, accordingly, the parties agree to forego the formal resolution process.
5. Failure to abide by the terms of the informal resolution outcome may result in responsive/disciplinary actions including an investigation, or additional sanctions.
6. The parties may not terminate or challenge the informal resolution process or outcome after they have signed any outcome agreement, unless such ability to challenge is expressly written into the outcome agreement.
Initiating an Investigation
1. Investigation Process
  1. Interviews of the Parties and Witnesses. The designated office interviews the complainant, respondent and witnesses who have relevant information related to the complaint or report. In most cases, the designated office will not interview character witnesses.
  2. Evidence. The designated office is responsible for collecting evidence and determining the relevancy of any evidence that is collected or provided by the parties, or witnesses. Evidence may include but is not limited to, party and witness statements, documents, electronic communications, and video surveillance. The parties may present any information or evidence that may be relevant to the investigation. The designated office may also gather relevant evidence from witnesses or other departments as appropriate.
1. Formal Resolution

At the conclusion of the investigation process and following the investigator’s objective evaluation of the relevant evidence, the investigator will prepare a preliminary report. The preliminary report will include:

1. 1. Identification of the allegations potentially constituting prohibited conduct;
  2. A description of the procedural steps taken from the receipt of the report or complaint, notices to the parties, interviews with parties and witnesses, and methods used to gather evidence;
  3. Findings of fact applicable to each allegation;
  4. Conclusions regarding the application of this policy to the facts;
  5. Statement of, and rationale for, the result as to each allegation, and where credibility of the parties is an issue in determining preponderance of the evidence, the rationale will include and explanation of how the investigator resolved questions of credibility. Credibility determinations will not be based on a person’s status as a complainant or respondent;
  6. If there is a finding of responsibility, the investigator will consult with the designated office to determine the appropriate sanction;
  7. The procedure and permissible basis for appeal.
1. Opportunity to Respond
  1. The parties will have five (5) business days to review, inspect and submit a written response to the preliminary report.
  2. The response should include any additional fact(s) or witness who may provide relevant information.
  3. The investigator will review and consider the parties’ responses, if any, and determine whether further investigation is warranted.
1. Final Investigation Report and Referral

After the parties have an opportunity to respond to the preliminary report, the investigator will share the final investigation report with the designated office. The designated office will contemporaneously inform the parties of the investigator’s findings.

The designated office will share the final investigation report with the University Official with disciplinary authority over the respondent, as follows:

1. 1. If the respondent is a student, the matter will be referred to the Vice President for Student Life, or a designee, to implement the sanction.
  2. If the respondent is an employee, the matter will be referred to the Director of Human Resources, or designee, to implement the sanction.
  3. If the respondent is a faculty member, the matter will be referred to the Vice President for Academic Affairs, or designee, to implement the sanction.
  4. If the respondent is a third-party vendor or community member, the matter will be referred to the Director of Human Resources, or designee, to implement the sanction.
1. Sanctions

The University may impose appropriate sanctions on a case-by-case basis depending on the severity and/or pervasiveness of the violation. In determining the sanction, the investigator, in consultation with the designated office may consider a number of factors, including, but not limited to:

- - - Level of risk or harm to the community;
    - The nature and seriousness of the offense;
    - Motivation underlying the respondent’s behavior; and
    - The respondent’s record of past misconduct, including prior violations of the same or similar type.

Sanctions will not be implemented until after the appeal deadline has passed or, if an appeal is filed, until after the appeal has concluded.

Sanctions may be imposed upon any respondent found to have violated this policy. The University has the authority to tailor the sanctions to address specific situations.

1. 1. Student Sanctions can include:
    1. Warning;
    2. Probation;
    3. Suspension;
    4. Expulsion;
    5. Postponement of Graduation;
    6. Withholding Proof of Degree;
    7. Degree Recission;
    8. Prohibited Admission or Re-Admission;
    9. Transcript Notation;
    10. Organizational Sanctions;
    11. Other actions deemed necessary and appropriate to stop and prevent the recurrence of the discrimination.
1. 1. Employee Sanctions can include:
    1. Corrective counseling;
    2. Performance Improvement Plan;
    3. Referral to the Employee Assistance Program;
    4. Required training or education;
    5. Suspension without pay;
    6. Suspension with pay;
    7. Termination;
1. 1. Faculty Sanctions can include:
    1. Corrective Counseling;
    2. Written reprimand;
    3. Loss of prospective benefits for a stated period (e.g., suspension of “regular” or “merit” increase in salary);
    4. Reassignment of duties and/or teaching assignments;
    5. A recommendation to the President for suspension without pay;
    6. A recommendation to the President for suspension with pay;
    7. A recommendation to the President for termination/abrogation of tenure;
    8. Other actions as deemed necessary and appropriate to stop and prevent the recurrence of the discrimination.

V. Appeals

Grounds for Appeal

A complainant or respondent may appeal the determination of a report or complaint on one or more of the following grounds: (1) New evidence that was not reasonably available at the time the determination regarding responsibility was made and that could affect the outcome; (2) a procedural irregularity that affected the outcome; (3) The designated office or investigator had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome.
How to File an Appeal

An appeal must be filed in writing with the designated office, must articulate the specific ground(s) for the appeal, and provide a detailed statement including the specific facts, circumstances and argument in support of or challenging the determination regarding responsibility.

Appeals must be filed with the Vice President for Academic Affairs, or a designee, in cases where the complainant is a student or non-faculty University employee, or with the Vice President for Finance and Facilities, or a designee, in cases where the complainant is a faculty University employee, (“Appellate Officer”),
Deadline for Appeal

An appeal submitted to the designated office is timely if it is filed within five (5) business days of the delivery of the final investigation report. The final investigation report is considered “delivered” when provided in-person or sent via email.

Upon Receipt of Appeal

Upon receipt of an appeal, the designated office will simultaneously issue a Notice of Appeal (“NOA”) to both parties. The NOA will:

1. Inform the party that an appeal has been filed by the complainant and/or the respondent.
2. Indicate whether the appeal is timely, contains a copy of the appeal appended to the NOA, and discloses the name of the appeal officer assigned by the designated office.
Appeal Officer
1. The appeal officer is independent of the previous processes. The designated office will ensure the appeal officer does not have a conflict of interest or bias against complainants and respondents in general or the individual complainant and respondent in the appeal.
2. If an appeal involves a student, or staff respondent, the Vice President for Academic Affairs, or their designee shall serve as the appeal officer. If an appeal involves a faculty member, the Vice President for Finance and Facilities or their designee shall serve as the appeal officer.
3. Once the appeal officer is selected, the designated office will provide the materials for the appeal to the appeal officer, including the investigation file, the final investigation report, and the parties’ appeal statements.
Responses to Appeal
1. The non-appealing party will have two (2) business days to submit to the appeal officer, a written response to the appeal, in which a response will be provided to the appealing party.
2. If both parties submit appeals (i.e. cross-appeals or counter-appeals), the same appeal officer will decide both appeals individually but contemporaneously. The same appeal officer will decide any appeals arising from the same facts and circumstances.
Scope of the Appeal Process

The appeal process is not a review of the entire matter; rather, it is an objective review of the written record of the formal resolution process, along with the appeal-related submissions described in this section. Accordingly, the appeal officer will not interview, question, or meet with the parties. The appeal officer will defer to the original determination regarding responsibility, remanding only when there is clear reason to do so, and modifying the outcome and sanctions only when there is a compelling justification to do so.

The appeal officer will review the appeal and determine whether the appeal articulates a valid ground(s) for appeal. If not, the appeal officer will dismiss the appeal, in writing, for failing to articulate a valid ground for the appeal. The designated office will communicate the dismissal decision to the parties simultaneously.

The Outcome of the Appeal Process

The appeal officer may take one or more of the following possible actions on appeal:

1. Dismiss the appeal for failure to state or meet the grounds of appeal, therefore, upholding the initial outcome and sanction(s), if applicable.
2. Remand to the original investigator with specific instructions on the remanded issue(s).
3. Modify the outcome and/or sanction with a rationale supporting the modification.
4. In rare cases where a procedural or substantive error cannot be cured by the original investigator, the appeal officer may order a new investigation with a new investigator.
Written Decision

The appeal officer will render, to the designated office, a written decision on the appeal (“appeal decision”) as to each ground raised and provide the rationale for the decision.

1. Absent good cause, the appeal decision will be delivered to the designated office within ten (10) business days from when the appeal officer received the written responses from the parties.
2. The OIEC’s Executive Director will forward the appeal decision to the parties simultaneously.
3. The appeal officer’s decision is final and there are no further appeal options.
Finality

The determination regarding responsibility becomes final either:

1. On the date that the designated office provides the parties with the appeal decision, if an appeal was filed; or
2. On the date on which an appeal would no longer be considered timely.
Sanctions Post-Appeal

If a sanction imposed in the original determination regarding responsibility remains, the designated office will refer:

1. Student respondents to the Vice President for Student Life, or designee, for the implementation of sanctions.
2. Staff and all non-faculty employees to the Director of Human Resources, or designee, for implementation of sanctions.
3. Faculty members to the Vice President for Academic Affairs, or designee, for implementation of sanctions.
4. Third-party vendor or community member, to the Director of Human Resources, or designee, for implementation of sanctions.

VI. Duties And Responsibilities

Timeframe
The University strives to resolve complaints of discrimination, harassment or retaliation in a timely manner. The amount of time needed to conduct an investigation will depend in part on the nature of the allegation(s) and the evidence to be investigated (e.g., the scope of the allegations, the time period and number of events implicated by or relevant to the complaint, the number or availability of witnesses involved and the volume of documents), but the University strives to complete all investigations within sixty (60) days.

The University is not expected to delay its investigation, even if an outside entity or law enforcement agency is investigating a complaint involving the same facts and allegations, and the University will not wait for the conclusion or outcome of a criminal investigation or proceeding to begin an investigation required by this policy and procedure. The University will provide reasonable periodic updates to parties on the progress of their administrative investigation.

Conflict of Interest
If it is determined that a person involved in investigating or resolving reports of discrimination, harassment or retaliation under this section cannot adjudicate the matter fairly because of a conflict of interest, another individual will be designated to fulfill their responsibilities.

Allegations of potential conflicts should be reported immediately to the Vice President for Finance and Facilities, who will investigate the allegations. Upon being notified of potential conflict, the Vice President for Finance and Facilities will immediately notify the conflicted employee, who will cease further involvement with the case, until a final determination is made. The Vice President for Finance and Facilities will make a final determination as to whether or not a conflict exists. If a conflict is determined to exist, the conflicted employee will be prohibited from further involvement with the case, and the Vice President for Finance and Facilities will appoint a designee to fulfill the vacant role.

VII.Free Speech and Academic Freedom

Members of the University community enjoy significant free speech protections guaranteed by the First Amendment of the United States Constitution. This Policy is intended to protect members of the University from discrimination, not to regulate protected speech. No provision of this Policy shall be interpreted to prohibit conduct that is legitimately related to course content, teaching methods, scholarship, or public commentary of an individual or faculty member or the educational, political, artistic or literary expression of students in classrooms and public forums. However, freedom of speech and academic freedom are not limitless and do not protect speech or expressive conduct that violates federal or state anti-discrimination laws.

VIII. Record Keeping

The designated office will maintain documents related to reports and complaints under this policy in accordance with state and federal laws. The University will not release these records to any person and/or entity unless authorized to do so by a student or employee or when required or authorized by law or University policy.

IX. Additional Avenues of Recourse

In addition to filing a report or complaint under this policy, individuals may have additional reporting and legal options depending on the circumstances.

Examples of other potential avenues of redress include:

Equal Employment Opportunity Commission (www.eeoc.gov)
U.S. Department of Justice (www.justice.gov)
Missouri Commission on Human Rights (www.labor.mo.gov/mohumanrights)

Filing internal complaints under this policy does not satisfy any potential timing and reporting requirements otherwise required by the above entities or by law.

X. Exclusive Remedy

This policy and the procedures set forth herein are the exclusive means for addressing complaints of conduct covered by this policy.

Policy Revised June 2026