Statement on Discrimination

INTRODUCTION

The recognition and promotion of the inherent dignity of each person reflects the mission of Holy Names University 's founding Catholic religious communities. Furthermore, it inspires the University's educational philosophy and causes the University to invite and welcome faculty, staff and students from all racial and cultural backgrounds. This mission, tradition and philosophy requires the University to promote an environment free of racially discriminatory conduct, and calls on each member of the University community to share in the responsibility to reflect and promote values that support our highest aspirations as a caring and respectful community of scholars.

Holy Names University prohibits students, faculty, staff and agents of the University from discrimination against, and abuse or harassment of any person because of his or her race, color, or national origin. This prohibition includes engaging in behavior which:

• Threatens the physical safety of any member of the community;
• Intentionally creates an educational environment hostile to any member;
• Discriminates against another person or persons;
• Uses epithets or hostile language to inflict injury, or provoke a violent response from the average person.

APPLICATION OF POLICY

This policy applies to all members of the University community, including students and staff, as well as guests, visitors and those functioning in relationship to or as agents of the University. Community members will be held responsible for the behavior of their guests. This policy will be deemed to amend the Faculty Handbook, Staff Handbook, and Student Conduct Code.

This policy is not intended to infringe in any way on the applicable free speech protections provided to the University community by the Constitutions of the United States or the State of California.

PROCEDURE

Students, faculty or staff members who feel that they are victims of discrimination, abuse, or harassment because of race, color or national origin may seek relief through the following resolution procedures. Such a victim is here in after referred to as the complainant. The person alleged to have committed the act of discrimination is hereinafter referred to as the respondent.

REPORTING

If any member of the University community feels that he/she has been a victim of racial discrimination, he/she should contact a University administrator. In the event that an incident of racial discrimination is reported to any other member of the HNU community, that member must report the incident a University Administrator. Depending on the community members involved in the incident, that Administrator will determine which of the two resolution procedures to follow.

USE OF AN ADVISOR  

Because of the sensitive nature of allegations of racial discrimination, the complainant and the respondent may choose to seek the advice and counseling of an advisor selected from the HNU Community. An advisor is defined as any current student, faculty, staff member or religious community member. Off-campus individuals, parents or those who have no affiliation with the University cannot serve as advisors.

The advisors may accompany either the complainant and/or the respondent during the resolution procedures. The use of an advisor is not intended as legal representation, and no attorney will be present during the resolution procedures. The complainant and/or respondent's advisor may assist in the presentation of the case to the mediator or to the hearing officials.

HARASSMENT OR DISCRIMINATION - STUDENT RESPONDENT

When an alleged incident of harassment or discrimination by a student is reported, the Judicial Officer will

• Document the incident as recounted by the complainant.
• Advise the complainant of the Racial Discrimination Policy and procedures.
• Offer the complainant assistance (e.g., Counseling and Psychological Services).
• Advise the respondent of the complaint.
• Document the incident as recounted by the respondent.
• Advise the respondent of the Racial Discrimination Policy and procedures.
• Offer the respondent assistance (e.g. Counseling and Psychological Services).
• Gather information from witnesses regarding the incident.
• Act as an impartial representative of the HNU Community.
• If agreed upon by both the complainant and the respondent, mediation will occur.
• The Judicial Officer will schedule the mediation.
• The mediation will consist of a meeting between complainants, respondent, their advisor and the Judicial Officer (acting as mediator). The mediator will conduct the meeting, during which equitable resolution to the allegations will be sought. If necessary, the mediator may include interviews of other witnesses and refer to other pertinent documents.
• If a satisfactory resolution is reached at any point in these proceedings, the agreement will be put into effect. A satisfactory resolution is defined as a resolution that is satisfactory to both the complainant and the respondent.
• The point person is responsible for ensuring that the terms of the agreement are fulfilled.
• The result of the mediation process may remain private or be made public. The decision to make the mediation results private or public must be agreed upon by the complainant and respondent.
• If a satisfactory resolution cannot be reached, the Student Conduct Code hearing procedures will be enacted.

Student Conduct Code Hearing

• Allegations of racial discrimination or harassment not resolved through the mediation process or allegations that do not go through the mediation process will be handled in accordance with the Student Conduct Code.
• The case will be heard by the Judicial Committee.
• The Hearing Board will follow all procedures as outlined in the Student Judicial Process.
• Appeals will be conducted as established in the Student Judicial Process.