Introduction
Philips University is committed to maintaining the highest standards of academic honesty. Accordingly, the University is committed at all levels to create an environment free from discrimination, harassment, retaliation and/or sexual assault. Discrimination or harassment based on race, gender, colour, religion, age, nationality, disability and sexual orientation. Such discrimination violates University policy and will not be allowed.
Philips University prohibits discrimination, harassment (including sexual/gender harassment), sexual assault and retaliation against faculty/employees/students and other third parties conducting business with the University. While this Policy applies to everyone, the University specifically expects all the officers, academic staff and administrators to serve as models of appropriate conduct for others, and will hold them to a higher standard of accountability. Management staff must not only refrain from actions that violate this Policy, but also refrain from any activity that would give the appearance of impropriety or convey a casual approach to the enforcement of the Policy.
Any form of insult against anyone who has complained of or reported discrimination, harassment (including sexual/gender harassment), or sexual assault, or has participated in an investigation of such a complaint, regardless of whether the complaint relates to the complaining person or someone else, will not be tolerated, and may result in discipline.
Procedures
Definitions
a. Discrimination is unjust or treat unfairly of any employee/student on the grounds of race, gender, colour, creed, religion, age, nationality, disability and sexual orientation.
b. Harassment is unwelcome verbal or physical conduct directed toward, or depending on a different treatment of, an employee/student because of his/her membership or perceived membership in any protected group (e.g. race, gender, colour, religion, age, disability, sexual orientation). The harasser can be the employee’s/student’s supervisor, a co-worker/fellow student etc or third parties doing business with the Philips University. Examples of such conduct include, but are not limited to:
c. Sexual violent attack is a sexual act against the will and without the consent of the employee/student-complaint or where the employee/student-complaint is incapable of giving consent.
d. Retaliation is any adverse action taken against an individual because he/she filed a charge of discrimination or harassment.
Any employee/student who believes that they have been subjected to discrimination, harassment, retaliation or sexual assault prohibited by the University’s Policy, or any employee/student who has witnessed such acts should report the circumstances in accordance with the procedure set below. The Philips University may investigate any conduct that violates this Policy even in the absence of a complaint, and take remedial action where appropriate.
An employee/student may make a complaint to any of the offices or individuals listed below:
Complaints may be submitted by any of the following methods:
All complaints under this Policy will be referred to the Grievances Committee for investigation and resolution, in consultation with the Human Resources and other relevant departments as necessary and appropriate.
Philips University encourages prompt reporting of complaints so that it may respond appropriately and conduct an investigation while the matter is still fresh in the individual’s mind. There is no fixed deadline for reporting discrimination, harassment, retaliation or sexual assault complaints to the University.
The Investigation
The University will conduct a prompt, thorough and impartial investigation of a complaint as necessary and appropriate. The University will take all measures to complete its investigation within 21 days of a report of discrimination or harassment and will keep the investigation confidential to the extent possible.
Where a complaint claims a potential violation of the Policy, the investigation will include an interview with both parties, as well as the person who made the initial report. The investigator may also review relevant documents, and both parties will have the opportunity to be heard and present information. The investigation process is strictly internal to Philips University.
Findings and Recommendations
The investigator will report his/her findings to both parties and relevant departments as deemed appropriate.
Where the investigator concludes that a violation of this Policy has occurred, the relevant School or Department with the approval of the Grievance Committee will take immediate and appropriate remedial action, including disciplinary action. Depending on the circumstances, disciplinary action may include, reprimand/verbal counselling, censure, removal of privileges, letters of warning or suspension, and dismissal.
LEGAL PROTECTIONS AND EXTERNAL REMEDIES FOR SEXUAL HARASSMENT
Sexual harassment is not only forbidden by the University, but is also prohibited by Law. Aside from the internal process at the University, employees/students may also choose to pursue administrative solutions outside of the University. However, the Philips University strongly encourages employees/students to use the internal reporting process as a starting point so that the university can promptly address conduct.
CONFIDENTIALITY
The University will maintain the confidentiality of the complaint, and the privacy of the persons involved, to the greatest extent possible, consistent with its goal of conducting a thorough and complete investigation and to the extent permitted by law.
NON-RETALIATION
Philips University will not in any way retaliate against an individual who reports a perceived violation of the Policy, participates in any investigation, or otherwise opposes perceived discrimination, harassment (including sexual/gender harassment), or retaliation, including as a witness.
SEXUAL ASSAULT
The medical, emotional, and legal needs of a sexual assault victim may differ from those of other harassment complaints. Sexual assault victims, therefore, in addition to filing a complaint under this Policy, report the assault to the police and pursue counselling and other services available at the university.