Procedures for Addressing and Responding to Reports and Complaints of Violations of the Nondiscrimination and Anti-Harassment Policy For Staff and Faculty Respondents
Ringling College of Art and Design strives to maintain a professional work and academic environment in which all employees and students are treated with respect and dignity. To that end, the College has a Nondiscrimination and Anti-Harassment Policy. These procedures set out the College’s Procedures for Addressing and Responding to Reports and Complaints of Violations of the Nondiscrimination and Anti-Harassment Policy For Staff and Faculty Respondents.
Application of the Procedures, Designation of Prohibited Conduct, Report, Complaint, Complainant, and Respondent
These procedures apply to allegations of Discrimination, Harassment, and Retaliation as defined in the Nondiscrimination and Anti-Harassment Policy (collectively, “Prohibited Conduct”) made against an employee of the College.
For the purposes of these procedures, the term “Report” of Prohibited Conduct is used broadly to refer to raising a concern to the College of conduct that, if true, may violate the Nondiscrimination and Anti-Harassment Policy.
For the purposes of these procedures, the term “Complaint” is used specifically to refer to a written document used to initiate the Informal or Formal Complaint Resolution processes described below.
A Complainant is defined as an individual who is reported to have experienced Prohibited Conduct. A Respondent is defined as an individual who is reported to have committed Prohibited Conduct. The Complainant(s) and Respondent(s) are referred to collectively as the Parties.
Inquiries Regarding the Nondiscrimination and Anti-Harassment Policy
Inquiries regarding the Nondiscrimination and Anti-Harassment Policy, how to report a violation of the Nondiscrimination and Anti-Harassment Policy, or compliance with applicable federal, state, or local statutes or regulations may be directed to:
Darren Mathews
Assistant Vice President and Director of Human Resources
2700 N. Tamiami Trail
Sarasota, FL 34234-2859
Phone: 941.309.4058
Email: dmathews@ringling.edu
Lauren Frasser
Title IX Coordinator
2700 N. Tamiami Trail
Sarasota, FL 34234-2859
Phone: 941.309.4035
Email: lfrasser@ringling.edu
In addition, inquiries regarding applicable federal statutes and regulations may be directed to the Director of the Office for Civil Rights, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-1100, 1-800-421-3481. TDD 877-521-2172.
Reports of Violations of the Nondiscrimination and Anti-Harassment Policy
Anyone who believes that they have been subject to or witnessed a violation of the Nondiscrimination and Anti-Harassment Policy should immediately make a report online at https://cm.maxient.com/reportingform.php?RinglingCollege&layout_id=0 or by contacting one of the following individuals:
Darren Mathews
Assistant Vice President and Director of Human Resources
2700 N. Tamiami Trail
Sarasota, FL 34234-2859
Phone: 941.309.4058
Email: dmathews@ringling.edu
Lauren Frasser
Title IX Coordinator
2700 N. Tamiami Trail
Sarasota, FL 34234-2859
Phone: 941.309.4035
Email: lfrasser@ringling.edu
If a manager or supervisor is informed of an allegation that a College employee violated the Nondiscrimination and Anti-Harassment Policy, the manager or supervisor must promptly notify one of the individuals identified above.
College Response To An Initial Report of Violations of the Nondiscrimination and Anti-Harassment Policy
All Reports describing conduct that, if true, may violate the Nondiscrimination and Anti-Harassment Policy will be responded to promptly and effectively. Upon receiving a Report, the Assistant Vice President and Director of Human Resources^ will review the information provided and, where appropriate, seek additional information from the reporting party and anyone identified as the Complainant (if different than the reporting party). If the reported conduct does not fall within the Prohibited Conduct under the Nondiscrimination and Anti-Harassment Policy, the matter will be addressed as appropriate, including but not limited to referral to another office. If the reported conduct, if true, may violate the Nondiscrimination and Anti-Harassment Policy, the Assistant Vice President and Director of Human Resources will take appropriate steps consistent with the procedures set out herein and reasonably calculated to stop any substantiated Prohibited Conduct, prevent its recurrence, and, as appropriate, remedy its effects.
^In each instance where an individual is referred to by their position title, the individual holding the position or their designee may carry out the responsibilities described herein.
Supportive and Interim Measures
The College will offer and implement reasonable, available Supportive Measures for both the Complainant and Respondent. Individuals are not required to participate in a Complaint resolution process to access Supportive Measures. Supportive Measures may, at times, constitute a resolution to a reported matter and negate the necessity to resolve the matter in accordance with the Complaint resolution processes described below.
Supportive Measures are non-disciplinary, non-punitive, individualized support services available to students, staff, and faculty who are a Party to this process. Interim Measures are non-disciplinary. They may be implemented when there is a significant behavior, or health and safety concern, and immediate action is required to preserve and support student general welfare and academic experience and/or the general welfare of the College community. The College may also implement Interim Measures prior to completing the Complaint resolution process. Interim Measures may include, but are not limited to: involuntary placement of an employee on leave, no contact orders, removal from campus, reassignment of work responsibilities or location, or other actions. Failure to comply with an Interim Measure may constitute a violation of applicable College policy and may result in disciplinary action.
Complaint Resolution Process
A Complaint is a written document, prepared by the Complainant or, where appropriate, by the Assistant Vice President and Director of Human Resources, setting out the conduct alleged to violate the Nondiscrimination and Anti-Harassment Policy. The Complaint will include, to the extent known, a brief description of the alleged conduct, including the date, time, and location, and the names of the involved individuals.
Complaints can be addressed through the Informal Complaint Resolution Process (“Informal Resolution”) or the Formal Complaint Resolution Process (“Formal Resolution”) described below.
Informal Complaint Resolution Process
The Informal Resolution is available in matters where the Assistant Vice President and Director of Human Resources determines it would be appropriate. Informal Resolution is voluntary and, therefore, only available upon the agreement of the Complainant and Respondent. At any time during an Informal Resolution process, the Complainant, Respondent, or College can discontinue the Informal Resolution.
Informal Resolution will generally involve the Assistant Vice President and Director of Human Resources, or their designee, serving as facilitator. The Respondent will be informed of the existence and nature of the Complaint and may, at the discretion of the Assistant Vice President and Director of Human Resources, receive a copy of the Complaint. The Complainant and Respondent will have an opportunity to participate, including by sharing information and requesting specific outcomes. The Assistant Vice President and Director of Human Resources, or designee, will seek a resolution upon which both the Complainant and Respondent can agree that is calculated to address the alleged Prohibited Conduct, prevent its recurrence, and, as appropriate, remedy its effects.
Informal Resolution is generally most appropriate where training, education, or supportive measures can be utilized to effectively address the conduct at issue. An Informal Resolution may, however, involve a disciplinary action. Once a Complaint has been resolved through Informal Resolution, the matter will be closed. Failure to comply with the terms of an Informal Resolution may constitute a violation of applicable College policy and may result in disciplinary action.
If no satisfactory Informal Resolution can be found, the matter may proceed to a Formal Resolution.
Formal Complaint Resolution Process
Initiating the Formal Complaint Resolution Process
Prior to initiating a Formal Complaint Resolution Process, the Assistant Vice President and Director of Human Resources will conduct an initial assessment to review the information provided and, where appropriate, seek additional information from the Complainant. If the conduct alleged in the Complaint does not fall within the Prohibited Conduct under the Nondiscrimination and Anti-Harassment Policy, the matter will be addressed as appropriate, including but not limited to referral to another office. If the reported conduct, if true, may violate the Nondiscrimination and Anti-Harassment Policy, the Assistant Vice President and Director of Human Resources will proceed with the Formal Resolution process described below.
A Formal Complaint Resolution Process should be initiated as soon as possible and preferably within six months of the incident. The College recognizes, however, that some situations are difficult or sensitive, and that can lead an individual to wait longer before taking action. Where a Formal Complaint Resolution Process is requested so long after the alleged Prohibited Conduct that an investigation is not practicable, the College reserves the right to, at its discretion, modify the procedures set forth herein or determine that a Formal Resolution is not available.
Notice Letter
The Formal Complaint Resolution process is initiated by the Assistant Vice President and Director of Human Resources by providing the Complainant and Respondent with a written Notice Letter, which will include: a copy of the Complaint, the alleged Prohibited Conduct per the Nondiscrimination and Anti-Harassment Policy, and information regarding the Formal Complaint Resolution process. The Assistant Vice President and Director of Human Resource may revise the Notice Letter at any time and at their discretion to reflect additional alleged violations of the Nondiscrimination and Anti-Harassment Policy identified during the investigation.
The Respondent’s supervisor will also be advised of the Formal Resolution process, although, at the discretion of the Assistant Vice President and Director of Human Resources, information provided may be redacted or otherwise appropriately limited.
Investigation & Resolution
The Assistant Vice President and Director of Human Resources will serve as, or designate an, Investigator(s) to conduct an Investigation into the allegations in the Complaint.
The Investigation will generally include the following:
- The Respondent having an opportunity to submit a written response to the Complaint within seven (7) calendar days of receiving the Notice Letter;
- The Complainant and Respondent, separately, having an opportunity to participate in an interview and to provide the Investigator with relevant information and documents; and
- The Investigator interviewing witnesses, collecting other information, and consulting with other individuals and departments as they deem appropriate.
The Investigator will conduct a prompt, thorough and fair investigation and may, to that end, set or modify deadlines for the Complainant, Respondent, and witnesses’ participation in the investigation.
After completing the investigation, the Investigator will prepare an Investigation Report with findings of fact and a determination as to whether or not the Respondent violated the Nondiscrimination and Anti-Harassment Policy. In finding facts, the investigator will apply the preponderance of the evidence standard. The Investigation Report will be submitted to the Assistant Vice President and Director of Human Resources.
The Assistant Vice President and Director of Human Resources will provide the Complainant and Respondent with an Outcome Letter at the conclusion of the investigation.
Sanctions and Remedial Measures
If the Respondent is found to have violated the Nondiscrimination and Anti-Harassment Policy and after consultation with the Respondent’s supervisor, the Assistant Vice President and Director of Human Resources, will determine and implement the appropriate sanctions and/or remedial measures. Sanctions and remedial measures will be determined and implemented promptly after the conclusion of the investigation and will generally not be stayed for an appeal.
Every matter will be considered on its own merits and the College will take actions it considers appropriate under the circumstances.
Sanctions for employees found to have violated the Nondiscrimination and Anti-Harassment Policy include, but are not limited to the following, or any combination thereof: a warning, reprimand, educational interventions, counseling, no contact orders, probation, suspension, transfer, demotion or immediate termination, as well as other restrictions as to access and use of College facilities, property, or activities.
The Respondent will receive written notice of the sanctions. The Complainant is not generally provided with information about the sanctions issued unless it directly affects the Complainant.
The College, at its discretion, will also implement Remedial Measures it deems appropriate, including Remedial Measures directly provided to a Complainant. Remedial Measures are actions designed to restore or preserve equal access to the College’s programs and activities. Remedial Measures may include the same individualized services provided as Supportive Measures; however, Remedial Measures implemented after a finding of a violation of the Nondiscrimination and Anti-Harassment Policy may be disciplinary or punitive. Remedial Measures may also include educational interventions broadly or for targeted audiences.
Remedial Measures for a Complainant that do not affect the Respondent must not be disclosed to the Respondent.
Sanctions and Remedial Measures are not subject to appeal. although a successful appeal may lead the College to amend Sanctions and Remedial Measures as its discretion.
Appeal Process
Within fourteen (14) calendar days of receiving the Outcome Letter, the Complainant or the Respondent may appeal a finding of a violation of the Nondiscrimination and Anti-Harassment Policy. An appeal must be submitted in writing to the Assistant Vice President and Director of Human Resources. If the appeal is to proceed, the non-appealing party will be provided a copy of the appeal and will be provided fourteen (14) calendar days to submit a written response.
An appeal is limited to the following grounds:
- Procedural Error: Substantial procedural error that materially affected the outcome; or
- New Evidence: Significant relevant new evidence that was not reasonably available at the time of the investigation and could reasonably affect the outcome.
Appeals based on other grounds will not be considered.
The Assistant Vice President and Director of Human Resources, in consultation with Senior Officers, will designate an appropriate College official to review the appeal (“Appellate Officer”). In general, the Appellate Officer will strive to make a decision on the appeal within thirty (30) calendar days of receiving the submissions. The Appellate Officer will prepare an Appeal Outcome Letter with their decision and the Assistant Vice President and Director of Human Resources will provide that letter to the Complainant and Respondent.
There is no further appeal.
Consolidation of Formal Complaints
Complaints alleging multiple violations of the Nondiscrimination and Anti-Harassment Policy or including alleged violations of other College policies may be consolidated into one investigation. Complaints may be joined together, at the College’s discretion, where they are factually related, including situations involving more than one Respondent or more than one Complainant. For consolidated allegations of other College policy violations, the College will generally follow these procedures with appropriate modifications.
Further, the College may take corrective action for any inappropriate conduct discovered in an investigation, even if the conduct does not violate law or this Policy.
False Statements
The College expects individuals making reports or participating in the complaint resolution processes described herein to do so in good faith and to provide truthful information to the best of their abilities. Knowingly providing false information to the College may result in disciplinary action under applicable College policies and procedures.