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diff --git a/handbook.md b/handbook.md index 20a8e20..6c85e60 100644 --- a/handbook.md +++ b/handbook.md @@ -996,8 +996,11 @@ misconduct; and 3) grade appeals. * For allegations of faculty misconduct, the fact finding committee includes members of the FRC as described in the appropriate conduct - policy ([Sexual Misconduct Policy](link); [Policy on Research - Conduct](link); or [Policy on Faculty Conduct](link)). Selection of + policy ([Sexual Misconduct + Policy](chapter-10.html#sexual-misconduct-policy); [Policy on + Research Conduct](chapter-10.html#policy-on-research-conduct); or + [Policy on Faculty + Conduct](chapter-10.html#policy-on-faculty-conduct). Selection of the fact finding committee is conducted so as to ensure members are unbiased and have the appropriate expertise and diversity as necessary for a particular case. @@ -2115,9 +2118,11 @@ time to improve their performance. No faculty member will be disciplined, suspended, or terminated during the term of an appointment without just cause, where just cause is -defined as (i) misconduct as defined in the Policy on Faculty Conduct, -the Policy on Research Conduct, the Sexual Misconduct Policy, or the -Title IX Policy (whichever is applicable); or (ii) financial +defined as (i) misconduct as defined in the [Policy on Faculty +Conduct](chapter-10.html#policy-on-faculty-conduct), the [Policy on +Research Conduct](chapter-10.html#policy-on-research-conduct), the +[Sexual Misconduct Policy](chapter-10.html#sexual-misconduct-policy), +or the Title IX Policy (whichever is applicable); or (ii) financial emergency. Any discipline, including suspension or termination, during an appointment may only be imposed pursuant to the process set forth in the relevant policy identified in this paragraph. @@ -2231,9 +2236,11 @@ in the field. No faculty member will be disciplined, suspended, or terminated during the term of an appointment without just cause, where just cause is -defined as (i) misconduct as defined in the Policy on Faculty Conduct, -the Policy on Research Conduct, the Sexual Misconduct Policy, or the -Title IX Policy (whichever is applicable); or (ii) financial +defined as (i) misconduct as defined in the [Policy on Faculty +Conduct](chapter-10.html#policy-on-faculty-conduct), the [Policy on +Research Conduct](chapter-10.html#policy-on-research-conduct), the +[Sexual Misconduct Policy](chapter-10.html#sexual-misconduct-policy), +or the Title IX Policy (whichever is applicable); or (ii) financial emergency. Any discipline, including suspension or termination, during an appointment may only be imposed pursuant to the process set forth in the relevant policy identified in this paragraph. @@ -2992,12 +2999,15 @@ below expectations" additional time to improve their performance. 10. **Discipline and Termination During Appointment.** You will not be disciplined, suspended, or discharged without "just cause," which is -defined as: (i) misconduct as defined in the Policy on Faculty -Conduct, the Policy on Research Conduct, or the Title IX & Sexual -Misconduct Policy (whichever is applicable); or (ii) financial -emergency. Any discipline, including suspension or termination, -during an appointment may only be imposed pursuant to the process set -forth in the relevant policy identified in this paragraph. +defined as: (i) misconduct as defined in the [Policy on Faculty +Conduct](chapter-10.html#policy-on-faculty-conduct), the [Policy on +Research Conduct](chapter-10.html#policy-on-research-conduct), or the +Title IX & [Sexual Misconduct +Policy](chapter-10.html#sexual-misconduct-policy) (whichever is +applicable); or (ii) financial emergency. Any discipline, including +suspension or termination, during an appointment may only be imposed +pursuant to the process set forth in the relevant policy identified in +this paragraph. Your signature constitutes your formal acceptance of this appointment and confirms that no promises, representations, or agreements that are @@ -3182,12 +3192,15 @@ decision not to reappoint you. 10. **Discipline and Termination During Appointment.** You will not be disciplined, suspended, or discharged without "just cause," which is -defined as: (i) misconduct as defined in the Policy on Faculty -Conduct, the Policy on Research Conduct, or the Title IX & Sexual -Misconduct Policy (whichever is applicable); or (ii) financial -emergency. Any discipline, including suspension or termination, -during an appointment may only be imposed pursuant to the process set -forth in the relevant policy identified in this paragraph. +defined as: (i) misconduct as defined in the [Policy on Faculty +Conduct](chapter-10.html#policy-on-faculty-conduct), the [Policy on +Research Conduct](chapter-10.html#policy-on-research-conduct), or the +Title IX & [Sexual Misconduct +Policy](chapter-10.html#sexual-misconduct-policy) (whichever is +applicable); or (ii) financial emergency. Any discipline, including +suspension or termination, during an appointment may only be imposed +pursuant to the process set forth in the relevant policy identified in +this paragraph. Your signature constitutes your formal acceptance of this appointment and confirms that no promises, representations, or agreements that are @@ -5601,7 +5614,8 @@ AFS, and all those interviewed during the process. Any breach in confidentiality by anyone involved in an alleged case of academic freedom violation will be considered a violation of the Faculty Conduct Policy and the AFS will follow the procedures laid out in that -section ([Chapter 10: Faculty Conduct Policies, Section I](link)). +section ([Chapter 10: Faculty Conduct Policies, Section +I](chapter-10.html#policy-on-faculty-conduct)). ### c. Resolution of Confirmed Violations of Academic Freedom {#chapter-5-section-1c} @@ -7800,7 +7814,7 @@ our website. # Chapter Ten - Faculty Conduct Policies {#chapter-10} -## I. Policy on Faculty Conduct[^11] +## I. Policy on Faculty Conduct[^11] {#policy-on-faculty-conduct} [^11]: This policy replaces and supersedes all previous Faculty Conduct Policies, including policy entitled "Worcester Polytechnic Institute @@ -7824,12 +7838,13 @@ the responsibilities of faculty membership or who fails to meet reasonable standards of performance or behavior. In recognition of this need, WPI has developed the following policy to respond to allegations of misconduct not covered by WPI's Research Misconduct -Policy and WPI's Sexual Misconduct Policy and to inform members of the -community of the appropriate channels for bringing such matters to the -attention of WPI. This Policy applies to tenured, tenure-track, and -continuing full-time non-tenure track members of the WPI faculty, -including the President, the Provost, the Vice Provost for Research, -and the Academic Deans. +Policy and WPI's [Sexual Misconduct +Policy](chapter-10.html#sexual-misconduct-policy) and to inform +members of the community of the appropriate channels for bringing such +matters to the attention of WPI. This Policy applies to tenured, +tenure-track, and continuing full-time non-tenure track members of the +WPI faculty, including the President, the Provost, the Vice Provost +for Research, and the Academic Deans. ### 2. Definitions @@ -8140,9 +8155,9 @@ Respondent's home department to: iv. Prepare a written report summarizing the process and information reviewed and, based on the criteria described in - [Section 7.g) iii](link) above, recommend to the Dean whether the - process under this Policy should continue or whether the Complaint - should be dismissed. The report should identify the names of the + Section 7.g.iii above, recommend to the Dean whether the process + under this Policy should continue or whether the Complaint should + be dismissed. The report should identify the names of the Complainant and the Respondent, contain a description of the allegations, explain why the faculty members recommend that the Complaint should be dismissed or that the process should continue @@ -8558,7 +8573,7 @@ Respondent should be directed to the Provost for follow up with other administrators as appropriate. -## II. WPI Policy on Research Conduct +## II. WPI Policy on Research Conduct {#policy-on-research-conduct} (Approved by the Faculty, *December 12, 2017*) (Approved by the Board of Trustees, *December 15, 2017*) @@ -9160,8 +9175,7 @@ the Vice Provost for Research will give applicable sponsors written notice of any decision of the Provost entering a finding of Research Misconduct at WPI. - -## III. WPI Sexual Misconduct Policy[^16] +## III. WPI Sexual Misconduct Policy[^16] {#sexual-misconduct-policy} [^16]: This Policy supersedes all WPI policies dealing with Sexual Misconduct including the "Sexual Misconduct Policy" in the Student @@ -9223,41 +9237,41 @@ Sexual Harassment is unwelcome conduct of a sexual nature, including sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature, when: - Submission to such conduct is made either explicitly or implicitly - a term or condition of an individual's employment or academic - standing; +> Submission to such conduct is made either explicitly or implicitly +> a term or condition of an individual's employment or academic +> standing; - Submission to or rejection of such conduct by an individual is - used as the basis for significant employment decisions (such as - advancement, performance evaluation, or work schedule) or academic - decisions (such as grading or letters of recommendation) affecting - that individual; +> Submission to or rejection of such conduct by an individual is +> used as the basis for significant employment decisions (such as +> advancement, performance evaluation, or work schedule) or academic +> decisions (such as grading or letters of recommendation) affecting +> that individual; - The conduct is sufficiently severe or pervasive that a reasonable - person would consider it intimidating, hostile, or abusive and it - adversely affects an individual's educational, work, or living - environment. +> The conduct is sufficiently severe or pervasive that a reasonable +> person would consider it intimidating, hostile, or abusive and it +> adversely affects an individual's educational, work, or living +> environment. A partial list of examples of conduct that might be deemed to constitute sexual harassment if sufficiently severe or pervasive include: - Examples of verbal sexual harassment may include unwelcome conduct - such as sexual flirtation, advances or propositions or requests - for sexual activity or dates; asking about someone else's sexual - activities, fantasies, preferences, or history; discussing one's - own sexual activities, fantasies, preferences, or history; verbal - abuse of a sexual nature; suggestive comments; sexually explicit - jokes; turning discussions at work or in the academic environment - to sexual topics. - - Examples of nonverbal sexual harassment may include unwelcome - conduct such as displaying sexual objects, pictures, or other - images; invading a person's personal body space, such as standing - closer than appropriate or necessary or hovering; displaying or - wearing objects or items of clothing which express sexually - offensive content; making sexual gestures with hands or body - movements; looking at a person in a sexually suggestive or - intimidating manner; or delivering unwanted letters, gifts, or - other items of a sexual nature. +> Examples of verbal sexual harassment may include unwelcome conduct +> such as sexual flirtation, advances or propositions or requests +> for sexual activity or dates; asking about someone else's sexual +> activities, fantasies, preferences, or history; discussing one's +> own sexual activities, fantasies, preferences, or history; verbal +> abuse of a sexual nature; suggestive comments; sexually explicit +> jokes; turning discussions at work or in the academic environment +> to sexual topics. + +> Examples of nonverbal sexual harassment may include unwelcome +> conduct such as displaying sexual objects, pictures, or other +> images; invading a person's personal body space, such as standing +> closer than appropriate or necessary or hovering; displaying or +> wearing objects or items of clothing which express sexually +> offensive content; making sexual gestures with hands or body +> movements; looking at a person in a sexually suggestive or +> intimidating manner; or delivering unwanted letters, gifts, or +> other items of a sexual nature. 2. *Sexual Assault* @@ -9531,14 +9545,14 @@ During business hours, anyone who has experienced sexual misconduct or is aware of someone who may have been the victim of sexual misconduct may contact the Title IX Coordinator or any Deputy Title IX Coordinator. Contact information for the Title IX Coordinator and -Deputy Coordinators can be found [HERE](link). +Deputy Coordinators can be found [HERE](https://www.wpi.edu/offices/equal-opportunity-outreach). c. Reporting Sexual Misconduct Anonymously If you are concerned about a visitor, student, faculty, or staff member who may have experienced a Title IX violation or may have committed a Title IX violation, you may report the situation -anonymously by clicking [HERE](link). In that case, you will not be +anonymously by clicking [HERE](https://fs28.formsite.com/webteamwpiedu/report-your-concern/index.html?_gl=1*h08ddl*_gcl_au*MTg0Mzk1NzA3Ni4xNzM1ODM4NDQ3*_ga*MjA5MDQ5NjMxNi4xNzM5Mjg3Njg2*_ga_RE35PKQB7J*MTc0MDA2ODkzNi42LjEuMTc0MDA2OTExMi4xNi4wLjA.). In that case, you will not be contacted and will remain anonymous. If you wish, you may include your contact information, so we may contact you if we have additional questions. @@ -9561,64 +9575,64 @@ to, the following: designate a Deputy Title IX Coordinator or another qualified person to assume the Title IX Coordinator's responsibilities under this Policy. - 1. Encouraging the person who has allegedly experienced sexual - misconduct (the "Complainant")[^19] to meet with the Title IX - Coordinator to discuss the nature and circumstances of the - reported conduct. If the person who has reported the alleged - sexual misconduct is not the person who has experienced the sexual - misconduct, then the person who has made the report should have - the opportunity to meet with the Title IX Coordinator to discuss - the nature and circumstances of the reported conduct. +1. Encouraging the person who has allegedly experienced sexual +misconduct (the "Complainant")[^19] to meet with the Title IX +Coordinator to discuss the nature and circumstances of the +reported conduct. If the person who has reported the alleged +sexual misconduct is not the person who has experienced the sexual +misconduct, then the person who has made the report should have +the opportunity to meet with the Title IX Coordinator to discuss +the nature and circumstances of the reported conduct. [^19]: Throughout this Policy, the term "Complainant" refers to the person who experienced sexual misconduct regardless of who reported the misconduct. - 2. Notifying the Complainant about their rights and options under - this Sexual Misconduct Policy, including the right to report and - the right to decline to report the matter to campus police and/or - to local law enforcement, the options for reporting to WPI, and - the availability of medical treatment, counseling, and other - resources, both on and off campus. - - 3. Meeting with the person who has allegedly committed sexual - misconduct (the "Respondent") to explain the allegation and to get - their version of events, and providing that person with the option - and adequate opportunity to provide a written response to the - allegations. The Respondent should be notified about their rights - under this Sexual Misconduct Policy, and about the availability of - counseling and other on- and off-campus resources. - - 4. If the Complainant requests that the process not move forward, - the Title IX Coordinator will weigh that request against WPI's - obligation to address any risk of harm to the Complainant or other - individuals in the community, and the nature of the incident or - conduct at issue. If, following the receipt of an alleged - violation of this Policy, the person who allegedly experienced - sexual misconduct declines to participate in the investigation or - resolution process or requests that the process not proceed, the - Title IX Coordinator may decide to close the investigation or - choose to continue the process without the person's participation. - - 5. Assessing the reported conduct to determine whether the - circumstances warrant appropriate interim measures including, but - not limited to, no-contact orders, interim suspension of a - student, deadline extensions, reassignment of housing, or placing - an employee on paid leave prior to completing an - investigation. Failure to comply with an interim measure may lead - to additional disciplinary action. - - 6. Assessing whether the behavior alleged constitutes a violation - of this Policy and is sufficiently credible and specific so that - potential evidence of such misconduct may be identified. If the - Title IX Coordinator determines that the reported conduct would - not trigger this Policy, they will advise both the Complainant and - the Respondent in writing, and based on the information gathered - may also refer the reported conduct to the appropriate - administrator or department for handling consistent with any other - applicable policy. If the Title IX Coordinator determines that - the reported conduct does fall under this Policy, then the case - will proceed to the Investigation Phase, as described below. +2. Notifying the Complainant about their rights and options under +this Sexual Misconduct Policy, including the right to report and +the right to decline to report the matter to campus police and/or +to local law enforcement, the options for reporting to WPI, and +the availability of medical treatment, counseling, and other +resources, both on and off campus. + +3. Meeting with the person who has allegedly committed sexual +misconduct (the "Respondent") to explain the allegation and to get +their version of events, and providing that person with the option +and adequate opportunity to provide a written response to the +allegations. The Respondent should be notified about their rights +under this Sexual Misconduct Policy, and about the availability of +counseling and other on- and off-campus resources. + +4. If the Complainant requests that the process not move forward, +the Title IX Coordinator will weigh that request against WPI's +obligation to address any risk of harm to the Complainant or other +individuals in the community, and the nature of the incident or +conduct at issue. If, following the receipt of an alleged +violation of this Policy, the person who allegedly experienced +sexual misconduct declines to participate in the investigation or +resolution process or requests that the process not proceed, the +Title IX Coordinator may decide to close the investigation or +choose to continue the process without the person's participation. + +5. Assessing the reported conduct to determine whether the +circumstances warrant appropriate interim measures including, but +not limited to, no-contact orders, interim suspension of a +student, deadline extensions, reassignment of housing, or placing +an employee on paid leave prior to completing an +investigation. Failure to comply with an interim measure may lead +to additional disciplinary action. + +6. Assessing whether the behavior alleged constitutes a violation +of this Policy and is sufficiently credible and specific so that +potential evidence of such misconduct may be identified. If the +Title IX Coordinator determines that the reported conduct would +not trigger this Policy, they will advise both the Complainant and +the Respondent in writing, and based on the information gathered +may also refer the reported conduct to the appropriate +administrator or department for handling consistent with any other +applicable policy. If the Title IX Coordinator determines that +the reported conduct does fall under this Policy, then the case +will proceed to the Investigation Phase, as described below. #### b. The Investigation Phase @@ -9632,14 +9646,14 @@ measures in place about which either party should be made aware. This written notice does not constitute a finding or a determination of responsibility. -The notice will also state that if either party requires any kind of -accommodation due to disability pursuant to the ADA or Section 504 of -the Rehabilitation Act, it is the responsibility of that party to make -the Title IX Coordinator aware of the need for an accommodation. The -Title IX Coordinator will work with each of the parties and as -applicable, Office of Disability Services (for students) and/or the -504 Coordinator (for employees) to ensure that appropriate -accommodations are available. + The notice will also state that if either party requires any kind of + accommodation due to disability pursuant to the ADA or Section 504 of + the Rehabilitation Act, it is the responsibility of that party to make + the Title IX Coordinator aware of the need for an accommodation. The + Title IX Coordinator will work with each of the parties and as + applicable, Office of Disability Services (for students) and/or the + 504 Coordinator (for employees) to ensure that appropriate + accommodations are available. 2. *Information about Advisors:* Each party may have a single advisor present during any investigative proceeding, including any related @@ -9669,16 +9683,16 @@ Coordinator's decision (in appropriate collaboration with the Secretary of the Faculty, as described in footnote 9) regarding any conflicts regarding the investigator(s) is final. -[^20] The investigator shall be deemed "qualified" if the individual +[^20]: The investigator shall be deemed "qualified" if the individual has received training in conducting Title IX investigations and has the requisite professional experience to conduct the investigation. -[^21] If the Respondent is a faculty member, the Title IX Coordinator +[^21]: If the Respondent is a faculty member, the Title IX Coordinator will collaborate with the Secretary of the Faculty, in appointing the Investigator and in rendering a decision regarding any potential conflicts of interest involving the investigator. -[^22] If the Respondent is a faculty member, the Title IX Coordinator +[^22]: If the Respondent is a faculty member, the Title IX Coordinator will collaborate with the Secretary of the Faculty in making a decision about whether or not to disqualify an Investigator when the faculty member objects based on a potential conflict of interest. If @@ -9888,7 +9902,7 @@ Throughout the process, the parties shall have: will be permitted to question or cross-examine the other party during any hearing held by the Judicial Panel. -##### h. Sanctions +#### h. Sanctions A finding of responsibility for Sexual Misconduct can result in a wide range of sanctions, depending on the circumstances of a particular