Section III. Discrimination Issues
This category includes any issues relating to possible discrimination because of race, color, religion, national origin, gender, age, sexual orientation, gender identity or disability in accordance with Section 504 or Title IX.
Spalding University is an equal opportunity educational institution. The University does not discriminate against otherwise qualified individuals on the basis of race, color, national origin, age, disability, religion, sex, pregnancy, sexual orientation, gender identity, marital status, military status, veteran status or other protected status. The Dean of Students is responsible for the coordination of the University's efforts to meet its obligations under section 504 of the Rehabilitation Act and Title IX and their implementation regulations.
All student issues relating to potential violation of this policy are to be brought in writing to the attention of the Dean of Students.
The Dean of Students shall investigate the allegations, seek a written response from all parties in question, interview appropriate witnesses and obtain relevant evidence. If the Dean of Students can determine a finding based on a preponderance of evidence they will do so and issue any resolution of the situation or appropriate sanctions.
If the Dean of Students is unable to make a determination based on a preponderance of evidence or if any party seeks to formally appeal the findings/resolution/sanctions issued by the Dean of Students then the following process is followed.
- The Dean of Students will appoint a special hearing board of three university faculty or staff (one to be chosen by each of the two parties, and a third party agreeable to both). Students must understand that an appeal committee hearing is not a judicial procedure and court rules are not followed. The preponderance of evidence standard is utilized by the university.
- All parties involved will receive notification of the hearing committee meeting at least 10 days prior. The committee will review the information provided by the Dean of Students original investigation and may seek additional statements or ask clarifying questions from all parties involved or may allow statements to be presented in writing, video or other means. All parties will be able to review statements and evidence including statements of witnesses. A record of the meeting will be made and kept on file in the Dean of Students' office. This special hearing board will make a decision and send written notification to those involved within 10 business days. The decision of the hearing board is final.
- Should an individual wish to have a support person present with them during the hearing they may do so by informing the Dean of Students. If the support person is legal counsel, that person's counsel must contact the office of University Counsel prior to the hearing. If an individual is represented by counsel, University Counsel must also be present at the hearing. Neither counsel will participate in the proceedings, but may render advice to clients.
- If the Dean of Students is the university employee alleged to have violated the policy prohibiting discrimination then the Provost or designee shall oversee the investigation and enforcement of this policy.