Policy on Equal Opportunity/ Anti-Discrimination

8.1 Prohibited Conduct

This policy also prohibits harassment. Harassment based on an individual’s protected status (age, color, disability, gender expression, gender identity, genetic information, marital status, military status, national origin, pregnancy, race, religion, sex, sexual orientation, or veteran status, or any other legally protected characteristic) is any act of verbal or non-verbal physical aggression, intimidation, hostility, aversion, detriment, or preference based on the person’s protected status, when the following conditions are present:

• Submission to or rejection of such conduct is either an explicit or implicit term or condition of, or is used as the basis for decisions affecting an individual’s employment or advancement in employment, evaluation of academic work or advancement in an academic program, or basis for participation in any aspect of a Tulane program or activity; and/or
• Such conduct has the purpose or effect of unreasonably interfering with or limiting that individual’s: (1) educational environment (e.g., admission, academic standing, grades, assignment); (2) work environment (e.g., hiring, advancement, assignment); (3) participation in a Tulane program or activity; (4) living environment (e.g., campus housing); or (5) receipt of legitimately- requested services (e.g., disability or religious accommodations), under both an objective and subjective standard.

A hostile environment can be created by anyone involved in a Tulane program or activity (e.g., students, employees, or even campus guests) where the unwelcome conduct is so severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from Tulane’s education or employment programs and/or activities. Mere offensiveness is not enough to create a hostile environment. Although repeated incidents increase the likelihood that harassment has created a hostile environment, a serious incident, even if isolated, can be sufficient. In contrast, the perceived offensiveness of a single verbal or written expression, standing alone, is typically not sufficient to constitute a hostile environment.

Depending on the seriousness, frequency, and/or pervasiveness, harassment may include: conduct or material (physical, oral, written, graphic, electronic messages or media posted or circulated in the community) involving epithets, slurs, negative stereotyping, threatening, intimidating, or hostile acts that serve no scholarly purpose appropriate to the academic context and gratuitously denigrates or shows hostility toward an individual or group because of age, color, disability, gender expression, gender identity, genetic information, marital status, military status, national origin, pregnancy, race, religion, sex, sexual orientation, or veteran status.

Discrimination or harassment based on sex and/or gender includes interpersonal violence. For more information regarding the investigation and response process for student discrimination and harassment based on sex and/or gender and interpersonal violence (including sexual assault, stalking, and intimate partner violence), please refer to the Code of Student Conduct.

Discrimination or harassment based on sex may implicate Title IX. The May 2020 amendments to the Title IX (20 U.S.C. § 1681) regulations (34 C.F.R. part 106) provides a separate definition of Sexual Harassment. For student Federal Regulation Sexual Harassment, please refer to Appendix A of the Code of Student Conduct. For employee Federal Regulation Sexual Harassment, please refer to Appendix I of this policy.

Any member of the Tulane community can make a report about a possible bias incident or hate crime through http://tulane.edu/concerns. The concerns report allows the University to track and reviewed bias-related incidents, offer supportive counseling services and other resources, and may lead to an investigation under which the Respondent may be held accountable for their actions. Anonymous reports are permitted and investigated to the extent possible. The Office of Institutional Equity makes decisions about appropriate action to address bias incidents.

Tulane encourages the reporting of good faith claims of discrimination, harassment, or retaliation. False accusations and malicious reporting can have a serious effect on the University and the reputation of all parties involved in a matter. If an investigation reveals that an accusation of discrimination, harassment, or retaliation was made in bad faith, maliciously, or recklessly, the Complainant may be sanctioned appropriately. See Section 8.5 Investigation Process, Formal Investigation & Resolution of Complaints, Sanctions.

8.2 Retaliation

Retaliation is action or words intentionally taken against an individual because of the individual’s participation in a protected activity such as reporting discrimination, harassment, and/or retaliation. Protected activity includes an individual’s good faith: (1) participation in the reporting, investigation, or resolution of an alleged violation of this policy, including Title IX allegations; (2) opposition to policies, practices, or conduct the individual reasonably believes are in violation of this policy; or (3) requests for accommodations on the basis of religion or disability. Retaliation will be a violation of this policy when it is sufficiently serious to discourage a reasonable person from engaging in protected activity. Anyone who is aware of possible retaliation or has other concerns regarding the response to a report should contact the Office of Institutional Equity immediately.

Examples of prohibited retaliatory conduct include: (1) disciplining, changing working or educational conditions when not related to job performance, misconduct, or other legitimate business reasons; (2) providing inaccurate information to or about the person who engaged in the protected activity; or (3) refusing to cooperate or discuss employment or school-related matters with an individual without a legitimate business reason because that individual complained about or resisted conduct prohibited by this policy. The initiation of a good faith complaint of discrimination, harassment, and/or retaliation by an individual will not reflect negatively on that individual nor will it affect the individual’s academic standing, working conditions, rights, or privileges.

8.3 Privacy & Confidentiality

Tulane is committed to protecting the privacy of all individuals involved in the investigation and resolution of a Complaint under this policy, as well as providing assistance to help students, employees, and third-parties make informed choices. With respect to any report of a possible violation of this policy, Tulane will make reasonable efforts to protect the privacy of participants, in accordance with applicable state and federal law, while balancing the need to gather information to assess the report and take steps to eliminate discrimination, harassment, and/or retaliation; prevent its recurrence; and remedy its effects. Privacy and confidentiality have distinct meanings under this policy. Most matters brought to the university’s attention, including issues investigated by the Office of Institutional Equity, will be treated as private not confidential.

Privacy: Although private, information related to a report of discrimination, harassment, and/or retaliation will be shared with a limited number of Tulane employees who “need to know” in order to assist in support of the Parties and in the assessment, investigation, and resolution of the Complaint.

All employees who are involved in Tulane’s response to Complaints receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law.

Confidentiality: Confidentiality exists in the context of laws that protect certain relationships, including with medical and clinical care providers (and those who provide administrative services related to the provision of medical and clinical care), mental health providers, counselors, and ordained clergy, all of whom may engage in confidential communications under Louisiana law. Tulane has designated individuals who have the ability to have privileged communications as “Confidential Employees.” When information is reported to a Confidential Employee (or a community professional with the same legal protections), the Confidential Employee (and/or such community professional) are obligated not to reveal the information to Tulane or anyone who works at Tulane, or Third-Parties except where required or permitted by law. For example, information reported to a “Confidential Employee” may be disclosed when: (1) the individual gives written consent for its disclosure; (2) there is a concern that the individual will likely cause serious physical harm to self or others; or (3) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18.

The confidentiality requirements of the ADA also apply to all disability-related medical information Tulane obtains through employment-related examinations or inquiries. To find a list of Confidential Resources at Tulane, please see Appendix I of this policy.

8.4 Complaint Procedures

The Office of Institutional Equity investigates complaints that allege an employee or third- party may have violated Tulane’s Equal Opportunity/Anti-Discrimination Policy. As previously noted, complaints against students, including Title IX complaints, will be processed as outlined in Tulane’s Code of Student Conduct. Complaints against faculty will be processed in accordance with Tulane’s Faculty Handbook and the Bylaws of the University Senate. Complaints against all others will be processed in accordance with the Staff Handbook. All others may include (though are not limited to) Staff, Administrators, Librarians, Post-Doctoral Candidates, Resident Assistants, Graduate Teaching Assistants, other student employees and faculty on appointments of less than a year or on the first year of appointment. Title IX complaints against faculty and all others will be processed in accordance with the Amendment to this policy, found in Appendix I of this policy. The complaint procedures are intended to ensure the rights of the Parties and accord equity and due process.

Form of Complaint: Complaints of discrimination, harassment, and/or retaliation should be put into writing. If you require reasonable accommodation in filing a complaint, or putting it into writing, the Office of Institutional Equity can assist with this. Anonymous complaints will be accepted and investigated to the extent possible. Complaint forms are available at the Office of Institutional Equity (504) 862-8083, or may be filed online at http://tulane.edu/concerns.

Content of Complaint: Anyone who has information about someone being discriminated, harassed, or retaliated against in violation of this policy, or who believes that they have been discriminated, harassed, or retaliated against in violation of this policy should promptly file a complaint with the following information, if known:

1. Name and contact information of the Complainant or injured party;
2. Brief description of the offending behavior, including times, places, people involved;
3. Names or identifying information about the Respondent and anyone with relevant information about the alleged discrimination, harassment, and/or retaliation

Reporting Timeframes: Tulane’s ability to respond may diminish over time, as evidence may erode, memories may fade, and Respondents may no longer be affiliated with the University. However, there is no time limit for reporting prohibited conduct. Reports should be made as soon as possible after the incident, preferably within one year, because the passing of time makes a review of the evidence more difficult and the memories of involved parties may become less reliable.

Predominant Roles of Respondents: As noted above, complaints against students will be processed as outlined in Tulane’s Code of Student Conduct whereas, complaints that allege an employee or third-party may have violated Tulane’s Equal Opportunity/Anti-Discrimination Policy are investigated by the Office of Institutional Equity. If a question arises about someone’s status, or the predominant role of the Respondent, the Office of Institutional Equity will determine which policies and procedures apply based on the facts and circumstances, such as which role is predominant in the context of the Prohibited Conduct. Further, where a Respondent is both a student and an employee, the Respondent may be subject to any of the sanctions applicable to either students or employees.

Failure to Cooperate: Failure to cooperate in an investigation can be considered a breach of responsibility. Notice of such non-cooperation will be communicated to the appropriate supervisory authority over the non-cooperative individual (such as Student Conduct, Department Head, Supervisor, or Dean), so appropriate action may be taken.

A party’s failure to cooperate in an investigation or formal review proceeding may result in the investigation proceeding solely on the basis of the available evidence. A Respondent’s silence or lack of cooperation will not prevent an investigation from moving forward. If a Respondent fails to cooperate in an investigation, their Department Head, Supervisor, Dean, and/or the Office of Student Conduct will be notified of such non-cooperation so appropriate action may be taken.

Employees must report information about a possible violation of this policy. Employees who fail to cooperate or timely report all relevant details (obtained directly or indirectly) about an incident of prohibited conduct that is made known to them about a matter covered by this policy will be considered to have breached their responsibility to the University. The Department Head, Supervisor, or Dean with supervisory authority over a non-cooperative employee will be notified of such non-cooperation so appropriate action may be taken

8.5 Investigation Process

8.5.1 Overview

It is not necessary for a Complainant to first confront the harasser prior to instituting a complaint under this policy.

Privacy: The person charged with investigating the complaint will only discuss the complaint or the underlying behavior with those involved in the case who have a need to know the information, including, but not limited to, the Complainant, the Respondent, and applicable supervisors.

Objectivity: The Complainant and Respondent are entitled to an investigation conducted by an impartial investigator. Thus, if the person charged with overseeing or investigating a complaint is implicated in the complaint or has any personal issue that would cause a conflict of interest, the person with the conflict shall recuse themselves from the proceeding. If a conflict of interest exists, the Office of Institutional Equity may designate an impartial third-party to conduct the investigation and make findings. 

Standard of Review: Formal Resolution of Complaints will be investigated and reviewed based upon the preponderance of evidence standard. Preponderance of the evidence means that it is more likely than not that a policy violation occurred.

Initial Inquiry: The Office of Institutional Equity has the authority to investigate a concern, provided evidence is available to support an effective investigation. When the Office of Institutional Equity receives a report of discrimination, harassment, and/or retaliation, the Office of Institutional Equity (or their designee) will begin an initial inquiry as soon as practicable— generally within seven working days, absent extenuating circumstances. The Office of Institutional Equity will review the complaint and attempt to gather information as appropriate. The inquiry often begins with an attempt to gain additional information from the Complainant, preferably through an in-person meeting. Further action by the Office of Institutional Equity will depend upon a number of factors, including but not limited to:

• whether the identity of the Complainant and or/ Respondent (the accused) is known;
• whether the Complainant is willing to participate in an investigation;
• whether the Complainant requests anonymity or confidentiality;
• whether the Complainant or Respondent is affiliated with Tulane; and
• whether Tulane has a legal obligation to proceed with an investigation based on the nature of the conduct alleged—regardless of the Complainant’s wishes.

If a Respondent is no longer affiliated with the University, Tulane will provide reasonably appropriate remedial measures to the extent feasible; assist the Complainant in identifying external reporting options; and take reasonable steps to eliminate prohibited conduct, prevent its recurrence, and remedy its effects.

Complaints against Students: Students are bound by the principles outlined in this policy. However, complaints against students shall be resolved under the Code of Student Conduct.

Complaints against Faculty: Faculty are bound by the principles outlined in this policy. However, complaints against Faculty shall be resolved by the process set forth in the Faculty Handbook and the Bylaws of the University Senate. Specifically, the Faculty Senate Committee on Equal Opportunity and Anti-Discrimination shall hear grievances against faculty alleging violations of Tulane University’s Equal Opportunity and Anti-Discrimination policies that cannot be resolved informally. The committee does not have jurisdiction over grievances against faculty on appointments of less than a year or on the first year of appointment.

Complaints against Staff and All Others: Staff and all others are bound by this policy. Complaints against staff and all others will be processed in accordance with this policy and the Staff Handbook. All others may include (though are not limited to) individuals not governed by the processes set out in the Code of Student Conduct or Faculty Handbook and the Bylaws of the University Senate, such as Administrators, Librarians, Post-Doctoral Candidates, Resident Assistants, Graduate Teaching Assistants, other student employees and faculty on appointments of less than a year or on the first year of appointment.

Complaints Involving Federal Regulation Sexual Harassment: Complaints involving Sexual Harassment that meets the definition provided by the Title IX (20 U.S.C. § 1681, and its implementing regulations at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex) will be processed in accordance with Appendix I of this policy.

Investigation Timeline: Investigations will commence as soon as practicable following the Initial Inquiry process detailed above. Investigations will be conducted as expeditiously as possible and are usually completed within a reasonable period, typically 60 days, though this may vary based on the availability of parties and witnesses, breaks in the academic calendar, scope of the investigation, or unforeseen or exigent circumstances. If additional time is needed to conduct a thorough investigation, the Office of Institutional Equity may, at its discretion, extend the time for completing the investigation as reasonably necessary. The Office of Institutional Equity will notify the Complainant and Respondent of any extensions. The Complainant, Respondent, and appropriate supervisors will receive regular updates on the status of the investigation.

Complaint Withdrawal: Prior to the conclusion of an investigation, the Complainant may request to withdraw their complaint by contacting the Office of Institutional Equity in writing at oie@tulane.edu. The Office of Institutional Equity weighs the wishes of the Complainant heavily when deciding whether to pursue a Formal Investigation. In some cases, the Office of Institutional Equity may determine, given the nature of the allegation(s) and information presented, that Tulane has an obligation to proceed with a Formal Investigation.

Sometimes a Complainant does not want to pursue a Formal Investigation or there is not enough information to proceed with a Formal Investigation. In such instances, the Office of Institutional Equity may proceed with Informal Resolution. Informal resolution may be requested by a party at any time. Informal Resolution does not result in findings of responsibility or sanctions. It is not required that parties use Informal Resolution. Anyone who believes that they have been subject to discrimination may immediately pursue Formal Investigation and Resolution. Informal Resolution may be an appropriate choice when the alleged conduct is not of a serious or repetitive nature, and disciplinary action is not required to remedy the situation. Depending on the nature and severity of the complaint and the wishes of the person(s) alleging discrimination, harassment, and/or retaliation, Informal Resolution may include, but is not limited to, the following or other appropriate actions:

• Advising the Complainant about how to communicate the unwelcome nature of the behavior to the alleged harasser;
• A facilitated conversation between the Complainant and Respondent to work out an agreed upon resolution;
• A recommendation for mediation between the Complainant and the Respondent. Mediation is an informal meeting, facilitated by the Conflict Resolution Specialist, to help the Complainant and Respondent explore possible ways to reach a resolution;
• A verbal or written warning to cease current behavior or a cease contact directive;
• Training and/or an educational conversation with the Respondent; and/or
• Distributing a copy of this policy to Respondent’s department.

Informal Resolutions will be completed within a reasonable amount of time from receipt of a request to proceed under the Informal Process. Students are also encouraged to seek advice or counseling from the Office of Student Conduct, (504) 865-5516, and/or the Office of Student Resources and Support Services, (504) 314-2160, to decide whether or not they will pursue a Formal Complaint.

Informal Resolution may not be appropriate in certain circumstances and the Office of Institutional Equity retains the right to determine that a complaint is not appropriate for Informal Resolution.For instance, Informal Resolution may not be appropriate in cases involving allegations of sexual assault, even on a voluntary basis. In addition, complaints brought by students against employees involving Sexual Harassment as defined by the May 2020 Title IX regulations cannot be resolved informally.4 While dealing informally with a problem of discrimination, harassment, or retaliation may be preferable to the Complainant, Tulane’s Formal Investigation Process must be followed for Tulane to impose any discipline on the Respondent.

8.5.2 Formal Investigation & Resolution of Complaints

Tulane will proceed with a formal investigation and resolution when deemed appropriate by the Office of Institutional Equity.

With regard to faculty, the formal investigation and resolution process outlined in the Faculty Handbook shall apply.

As to all others covered by this policy, the formal investigation and resolution process is set forth as follows:

During a formal investigation, the Complainant will have the opportunity to describe their allegations, as well as present supporting witnesses or other evidence. Complaints of discrimination, harassment, and/or retaliation must be put into writing. Upon request, Complainants will be provided a written copy of their allegations. The Respondent will have the opportunity to receive written notice of each allegation, respond to each allegation, present their evidence supporting their position, and propose relevant witnesses. The investigator will review evidence presented and will, as determined appropriate, meet with additional witnesses identified as having relevant information. In some instances, the investigator may identify and communicate with witnesses who were not identified by the Complainant or Respondent. Investigation meetings are not recorded by Tulane and may not be recorded by any participant. Parties and witnesses may take notes during investigation meetings. All parties involved in the investigation are expected to maintain privacy, cooperate, and provide truthful information throughout the investigation process. If a reasonable accommodation in filing a complaint is needed, please contact the Office of Institutional Equity at (504) 862-8083 or oie@tulane.edu.

Support Person: As specified in Appendix I of this policy, Title IX matters require Advisors. For non-title IX matters involving sex discrimination (or as otherwise expressly permitted by other Tulane Policies) Complainants and Respondents may be accompanied by one Support Person throughout the investigation, provided the involvement of this Support Person does not result in an undue delay of the process. A Support Person acts as an advisor and may be an attorney but cannot be someone who is a witness or party in the matter (or a related matter). It is the responsibility of each party to coordinate scheduling with their Support Person for any meetings. A Support Person is someone who can accompany and support a Complainant or Respondent throughout an investigation but may not otherwise participate in an investigation or on anyone’s behalf. A Support Person may not speak, write, or otherwise communicate on behalf of the Complainant or Respondent with an investigator, or those affiliated with the investigation, including an appeal of an investigation. A Support Person may not engage in advocacy or behavior that harasses, abuses, or intimidates others, including parties,witnesses, or individuals involved in resolving the complaint. Any Support Person who does not abide by these guidelines may be excluded from the process.

Closing the Case: The Office of Institutional Equity will review all relevant information obtained during the Formal Investigation. After its review, the Office of Institutional Equity may decide to close the case when: (1) there is insufficient information to move forward; (2) the Complainant refuses to cooperate or pursue; or (3) when the alleged misconduct, even if substantiated, does not result in a violation of this policy. The Office of Institutional Equity may reopen a matter if additional information later becomes available, or a Complainant who was unwilling to participate in an investigation changes their mind.

Written Determination: At the conclusion of a Formal Investigation, the Office of Institutional Equity will issue the Complainant and Respondent a final written determination in the form of a Notice of Outcome or Closing Letter, no more than ten (10) working days or as promptly as possible after a decision has been reached. This written determination will state whether, based on the investigation, there was a finding of a violation of this policy. Closing letters will contain enough information to provide notice to the parties of the allegations, review process determination, and for Title IX matters provide sufficient information so a party has an opportunity to form a reasoned appeal argument if they so choose.

Violations: Upon a finding of a violation of this policy, the Office of Institutional Equity (or the designated fact finder) may make recommendations for further action, including sanctions, to the appropriate supervisor and division head for the Respondent and/or those able to implement appropriate corrective action. Appropriate recommendations are designed to stop the prohibited conduct, prevent its reoccurrence, and address any adverse effects caused by the violation. The supervisor or division head will be responsible for deciding upon and imposing disciplinary action as soon as reasonably possible, generally within a month after receiving the final determination and recommendation of the Office of Institutional Equity. The supervisor or division head shall notify the Office of Institutional Equity of the sanction imposed. Tulane’s ability to take appropriate corrective action against at Third-Party will be determined by the nature of the relationship of the Third-Party to the University. The Office of Institutional Equity (or its designee) will determine the appropriate manner of resolution consistent with Tulane’s commitment to a prompt and equitable process, as well as University obligations, federal law, federal guidance, and this policy.

8.6 Appeals

Appeals regarding the outcome of complaints shall be resolved as follows:

• Appeals against students shall be resolved under the Code of Student Conduct.
• Appeals against Faculty shall be resolved by applicable University policies as maintained in the Faculty Handbook and in the Bylaws of the University Senate.
• Appeals against all others, which may include (though are not limited to) Staff, Administrators, Librarians, Post-Doctoral Candidates, Resident Assistants, Graduate Teaching Assistants, other student employees and faculty on appointments of less than a year or on the first year of appointment, will proceed pursuant to the process outlined herein.

A Complainant or Respondent may seek to appeal the findings and outcome of a matter that was Formally Investigated pursuant to this policy and resulted in a written determination. A request for appeal must be filed, in writing, to the Director of the Office of Institutional Equity (1555 Poydras Street, Suite 964, New Orleans, LA 70112 or oie@tulane.edu) no later than 5:00 p.m. on the tenth  business day following the date of the Office of Institutional Equity’s written notice of the outcome of the investigation. Appeals will be considered only where the request demonstrates one of the following enumerated grounds for appeal:

• Procedural errors that significantly impact the outcome. This means demonstrated material deviation from procedures causing the findings and determination about responsibility, or the sanctions imposed, to be substantially impacted.
• New and Substantial evidence. The party requesting appeal must produce germane, new, and substantial evidence that could not have been reasonably discovered before a determination about responsibility was made, and such new evidence objectively and significantly impacts the outcome about whether this policy was violated.
• Grounds for appeal as articulated in Appendix I for Federal Regulation Sexual Harassment matters.

Once an appeal has been received, the non-appealing party will be provided with a copy of the appealing party’s written statement and may submit a written response to the Office of Institutional Equity within ten (10) business days of receipt of the appealing party’s written statement. The nonappealing party’s statement will be provided to the appealing party. No further appeal submissions from the parties shall be permitted.

The appeal shall be reviewed by the Associate Vice President of Human Resources. In exceptional circumstances, as determined by the Office of Institutional Equity or the Office of General Counsel, an appeal may be reviewed by an outside, neutral third-party. In consultation with the Office of Institutional Equity and/or the Office of General Counsel (and in Title IX matters, the University’s Assistant Provost for Title IX Compliance and Education), a party designated to review a matter may delegate the review of an appeal to a designee. In all cases, a party designated to review an appeal will delegate review in any matter in which they cannot serve as an impartial reviewer.

Appeal Timeline: The decision on an appeal will be issued as expeditiously as possible, usually within 45 days, though this may vary based on the scope of the appeal or unforeseen circumstances. A written decision, including the reason for the appeal’s resolution, will be provided to the party requesting appeal and the Office of Institutional Equity within five (5) working days following completion of the appellate review. If appropriate, the Office of Institutional Equity will promptly communicate any changes to the original findings or sanctions to other involved parties.

Standard of Review: Appellate review is not a de novo hearing. Rather, review is based on the evidence from the investigation and findings or sanctions may be modified upon a finding of “manifest error” (i.e., that the decision or sanction was clearly or obviously wrong) based on the above-listed grounds (i.e., procedural error, new and substantial evidence). The Appellate Reviewer may review the full case, and will have access to all information that was available in the investigation, including aspects beyond the investigation as outlined in the request for appeal, but the review will not make independent credibility determinations relative to individuals involved in the underlying investigation. If the Appellate Reviewer does not find that the enumerated grounds for appeal are present in the request for appeal, the original outcome will be upheld. If the Appellate Reviewer finds that any of the grounds for appeal are present in the request for appeal, the Appellate Reviewer may amend the outcome, may issue a new outcome, or may refer the matter back to the investigator for further consideration. A final outcome on an appeal is not subject to further appeal.

In the event sanctions were imposed as part of the original finding, it shall be in the discretion of the Appellate Reviewer whether the sanctions shall be implemented or stayed pending resolution of an appeal. Review of sanctions will apply an “arbitrary or capricious” standard about whether the remedial recommendations were not the product of a reasonable judgment. The Appellate Reviewer will have the authority to adapt the sanction imposed or change the sanction to a lesser or more severe sanction.

8.7 Department Evacuation Expenses

The procedures outlined in this policy apply to internal complaints of discrimination, harassment, and/or retaliation. In addition to this internal complaint procedure, victims of discrimination, harassment, and/or retaliation may file a complaint with an appropriate government agency or, where allowed, file a civil lawsuit. Federal and state laws contain statutes of limitation barring claims filed outside applicable limitations period.

Office for Civil Rights: The Office for Civil Rights (OCR) is charged with investigating complaints of harassment under Title IX, a federal law that governs sexual harassment of students by teachers or other students. Prior to filing a lawsuit, a charge should be filed with the OCR within the time period designated by law.

The procedures outlined in this policy apply to internal complaints of discrimination, harassment, and/or retaliation. In addition to this internal complaint procedure, victims of discrimination, harassment, and/or retaliation may file a complaint with an appropriate government agency or, where allowed, file a civil lawsuit. Federal and state laws contain statutes of limitation barring claims filed outside applicable limitations period. Office for Civil Rights: The Office for Civil Rights (OCR) is charged with investigating complaints of harassment under Title IX, a federal law that governs sexual harassment of students by teachers or other students. Prior to filing a lawsuit, a charge should be filed with the OCR within the time period designated by law. A student wishing to file an administrative complaint should contact:

                      U.S. Department of Education 

Office for Civil Rights, Dallas Office 1999 Bryan Street, Suite 1620                                  

                               Dallas, TX 75201-6810 

                                Phone: (214) 661-9600 

                                Fax: (214) 661-9587 

                                TDD: (800) 877-833

 

                           U.S. Department of Justice 

              Civil Rights Division 950 Pennsylvania Ave, N.W. 

 Educational Opportunities Section, PHB Washington, D.C. 20035 

                                Phone: (202) 514-4092 

                                 Fax: (202) 514-8337

Equal Employment Opportunity Commission: The Equal Employment Opportunity Commission (EEOC) is charged with investigating complaints of harassment under Title VII, a federal law that prohibits workplace discrimination and harassment. Prior to filing a lawsuit, Title VII requires that a charge be filed with the EEOC within the time period designated by law. An employee wishing to file an administrative complaint should contact:

              Equal Employment Opportunity Commission

Hale Boggs Federal Building 500 Poydras, Suite 809 New Orleans,                    LA 70130 Phone: 1-800-669-4000 

                              Fax: (504) 595-2884 

                              TTY: (504) 595-2958

8.8 Americans with Disabilities Act, Reasonable Accommodation in Academic or Work Environment

In keeping with Tulane’s commitment to diversity and inclusion, Tulane seeks to ensure access to its programs and activities to the broadest possible audience. Tulane complies with federal and state laws concerning the employment of people with disabilities, including Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA), and follows the regulations issued by the Equal Employment Opportunity Commission (EEOC). It is Tulane’s policy to reasonably accommodate qualified individuals with disabilities when accommodation is necessary to allow an individual to compete for a job, perform the essential functions of a job, and/or enjoy equal benefits and privileges of employment, and where the accommodation would not impose an undue hardship on the university.

8.8.1 Requests for Reasonable Accommodation in Employment

A reasonable accommodation is a change in the workplace orthe way job duties are customarily performed that provides an equal employment opportunity to an individual with a disability. A reasonable accommodation must not pose an undue hardship to Tulane or fundamentally change the essential functions of a job. It also cannot create a situation that poses a direct threat to the employee or to other individuals.

Under this policy, a request for reasonable accommodation has been made when:

• An employee or applicant requests an accommodation from a manager, supervisor, or through Tulane’s Executive Director for Campus Accessibility and ADA/504 Coordinator, Andrea Vassar. The requesting individual need not use the term accommodation or request a specific accommodation and may merely indicate to a supervisor or manager that a medical condition is interfering with their accessibility, job performance or job duties; or
• The need for accommodation is obvious to a supervisor or manager; an employee exhausts job protected leave-of-absence entitlement under the Family and Medical Leave Act and remains unable to perform the essential functions of their job because of a continuing medical condition; or an employee reaches a point in recovery from a workplace injury where it is determined that the employee will not be able to perform the essential functions of the job without an accommodation because of a permanent or long-term impairment resulting from the injury.

The Office of Campus Accessibility can be reached at ADAaccess@tulane.edu, or (504) 247- 1774, for assistance and information about filing a request for an accommodation.

Interactive Process: After a request for accommodation has been made, Executive Director for Campus Accessibility and ADA/504 Coordinator, Andrea Vassar will begin an interactive process to determine whether the requesting party is a qualified individual with a disability and what, if any, accommodation should be provided. This means that the individual requesting the accommodation and the Executive Director for Campus Accessibility and ADA/504 Coordinator will communicate with each other about the request, the precise nature of the problem that is generating the request, how a disability is prompting a need for an accommodation, and alternative accommodations that may be effective in meeting an individual’s needs. As part of this interactive process, the Executive Director for Campus Accessibility and ADA/504 Coordinator will ask the employee for documentation supporting the accommodation request (such as medical documentation demonstrating that the requestor is an individual with a disability), whenever the disability or need for accommodation is not obvious.

Accommodations Requests will be Honored to the Extent Possible: Sometimes an employee may ask for an accommodation that is not reasonable or necessary, that poses an “undue hardship” on Tulane or its employees, or that might threaten the safety of the individual who has made the request or of others. However, if a particular accommodation would impose an undue hardship, Tulane will consider whether there are alternative accommodations that would not impose such a hardship or safety threat.

In determining undue hardship, Tulane may considerfactors including the nature and cost of the accommodation in relation to the size, the financial resources, the nature and structure of the University, as well as the impact of the accommodation on the specific facility or department that would provide the accommodation.

Implementing Workplace Accommodations: When Tulane determines an accommodation is necessary to allow an individual to perform the essential function of a job, Tulane will select and implement the accommodation that is the most appropriate for both the individual and Tulane. An individual’s preference for a specific accommodation will be given consideration, but Tulane is free to choose among equally effective accommodations and may choose one that is less expensive or easier to provide. Reasonable accommodations will not include altering the essential functions of a job, lowering performance standards, or anything that creates an undue hardship to Tulane. If an implemented accommodation is not effective at allowing the individual to perform the essential functions of the job, other potentially effective accommodations will be implemented until one proves effective or alternative reasonable accommodations have been exhausted. The costs for reasonable accommodations of disabled applicants and employees with disabilities are the responsibility of the employing department/office. Once reasonable accommodations have been approved, the Executive Director for Campus Accessibility and ADA/504 Coordinator will provide guidance to the employee and, where applicable, the employee’s supervisor, to facilitate and implement the accommodations in compliance with the law.

Employees who have requested or were granted an accommodation should report any changes in their ongoing need for accommodation to their supervisor and Tulane’s Executive Director for Campus Accessibility and ADA/504 Coordinator.

Prospective and current employees with disabilities can learn more about the resources available to them by accessing the Disability & Accommodations page on the Office of Human Resources website (https://hr.tulane.edu/disability-accommodations), or contacting Tulane’s Office of Campus Accessibility at ADAaccess@tulane.edu or (504) 247-1774.

8.8.2 Requests for Academic Accommodations

Accommodations for Students: Tulane’s Goldman Center for Student Accessibility (Goldman Center) offers assistance to all current and prospective students of Tulane, and accommodates them with modifications to their academic, online, and work-study environments for psychological, medical/physical, and learning/developmental disabilities. Detailed information on the services provided by the Goldman Center can be found on the website: https:// accessibility.tulane.edu/. Accommodation requests should be made directly to the Goldman Center through the online portal located at: https://accessibility.tulane.edu/content/student-information or contact Goldman Center for assistance at (504) 862-8433 or by email at goldman@tulane.edu.

The Goldman Center may require written documentation from the student’s health care provider in considering a request for accommodations.

Implementing Academic Accommodations: Students are required to activate any approved accommodation each semester via the Goldman Center’s online portal. Students who have requested or were granted an accommodation should report any changes in their ongoing need for accommodation to the Goldman Center.

8.8.3 Additional Provisions

Other Accommodations Requests: Requests for accommodations or access to university facilities or university sponsored activities or events should be referred to the department or office responsible for maintaining the facility or the department/office sponsoring the activity or event.

Privacy and Confidentiality: Any communication with the Executive Director for Campus Accessibility and ADA/504 Coordinator and medical documentation related to an accommodation request will not be included in the applicant/employee’s general Human Resources file. The Executive Director for Campus Accessibility and ADA/504 Coordinator, however, may share certain information with a supervisor or certain department administrators as necessary to make appropriate determinations on a reasonable accommodation request and ensure that an appropriate accommodation is provided that meets the individual’s disability-related needs and enables the individual to perform the essential functions of the position. Supervisors and managers are entitled to whatever information is necessary to implement restrictions on the work or duties of the employee or to provide a reasonable accommodation. Under these circumstances, the Executive Director for Campus Accessibility and ADA/504 Coordinator will inform the recipients about their confidentiality requirements, and the information disclosed will be no more than is necessary to process the request. Information shared with the Goldman Center regarding a student is maintained confidentially as required or permitted by law. Any information collected by the Goldman Center will only be shared on a limited need to know basis.

Complaints: Employees or individuals who believe they have been treated in a discriminatory manner in violation of this policy, or who believe that a determination regarding eligibility for a reasonable accommodation or the provision of a reasonable accommodation has been made improperly, have the right to invoke this policy and report a complaint that they were subjected to prohibited conduct on the basis of a disability. Employees should contact the Office of Institutional Equity. Students should contact the Goldman Center, which has adopted an internal grievance procedure providing for prompt resolution of student complaints and concerns, which can be accessed online: https://accessibility.tulane.edu/content/questions-concerns. Any employee, student, or visitor may use the online Campus Reporting Form located there to report concerns about accessibility barriers at Tulane. 

Resources: Tulane’s Executive Director for Campus Accessibility & ADA/504 Coordinator acts as a resource for prospective and current staff members, faculty members, and visitors with disabilities and provides guidance to staff and faculty members responsible for implementing reasonable accommodations for other members of the community. Where appropriate, the Office of Institutional Equity will consult with Tulane’s Executive Director for Campus Accessibility and ADA/504 Coordinator on cases involving alleged disability discrimination. See the Disability & Accommodations page on the Human Resources website for more information: https://hr.tulane.edu/disability-accommodations.

8.9 Title IX

Tulane complies with Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex, including sexual harassment and sexual violence, in educational programs and activities. Title IX also prohibits retaliation for asserting claims of sex discrimination. Tulane has designated Marcus Foster, JD, Tulane’s Assistant Provost for Title IX Compliance and Education, at (504) 865-5615 or mfoster9@tulane.edu, to coordinate compliance with and response to inquiries concerning Title IX. Students or employees may contact either the university’s Assistant Provost for Title IX Compliance and Education or Deputy Coordinators as designated by the university with any questions or complaints.

8.10 Miscellaneous Provisions

Provisions of this policy supersede, replace, and prevail over any other university policy, handbook, or other procedure pertaining to the resolution of complaints of purported discrimination or harassment based on Protected Status. This policy supersedes any conflicting policy terms and the Office of Institutional Equity has discretion to address matters not specifically contemplated or addressed in this policy.

This policy will be available to all employees, students, and others connected with the university.

This policy may be revised from time to time. Any proposed revisions are subject to approval by the University Senate. Revised versions of this policy will be posted on the Tulane policies website. The most recently revised version of this policy governs.