8. Select College Policies

8.1     BUSINESS CONTINUITY

Champlain College takes precautionary measures to ensure that student learning and instructional processes can continue in a “virtual environment” even during an extended emergency such as severe weather, contagious disease, physical infrastructure failure, campus closure, or similar incident. Continuation of classes in a virtual environment also means that payment to instructors can be maintained during the emergency for all classes that continue either online through a College-provided learning management system, or through some other process that has been approved by a Division Dean.

In the event of such an emergency, faculty members are expected to continue teaching in a virtual environment. For appropriate courses, Champlain College’s academic technology team, along with each academic division, will provide each instructor with a skeleton course that has been created in the College’s learning management system. In some cases, the Division Dean may determine that no virtual environment is appropriate or available for a course, and in that event may cancel the remainder of the course or take other appropriate steps.

In order for this emergency preparedness plan to be effective, it requires that faculty do the following prior to the start of each semester:

• Be prepared with basic skills in managing an emergency course online using the College’s learning management system;
• As needed, participate in basic training provided by the College and attain basic competency in managing an online course;
• Become familiar with your online course, when available, by logging in and preparing yourself to manage your students’ learning process in the online course;
• Become familiar with the College’s emergency communication channels and how to access its learning management support systems;
• If you are using an alternative virtual process approved by the Division Dean, become familiar with the use of that process.

At the beginning of each semester, instructors will need to:

• Upload the course syllabus;
• Engage with each class in at least one virtual activity during the first two weeks of the semester, or as soon as practicable, to ensure that students know how to access the online course or alternative course delivery.
• Be prepared, if notified, to contact all students and continue the class in the online learning management system provided by the College or in the alternative virtual process approved by the Division Dean. In order to assist this effort, you should consider posting an announcement to the class as part of your initial activity.

In the event of such an emergency, instructors will be notified of the schedule by which classes will continue in a virtual environment. The delay between campus closure and the start of virtual classes will be no less than one week in order to allow time for both students and faculty to travel, as required, and make final preparations. Upon notification, this requires that you:

• Make any final adjustments to your lesson plans in preparation for use of your virtual environment.
• Begin, at the appropriate time, to engage with each class and monitor students’ progress by engaging with the class no less than four times per week.

The Center for Learning & Teaching provides training and support opportunities for faculty to promote academic continuity.

8.2     FINANCIAL EXIGENCY AND REDUCTION IN FORCE - AMENDMENT REQUIRES BOARD OF TRUSTEES APPROVAL

8.2.1     INTRODUCTION

Financial exigency is a rare and grave institutional crisis. It is an existing or anticipated financial condition that threatens the continued viability of the College.  It is an urgent condition reflecting the institution’s inability to meet its annual expenditures with revenue sufficient to prevent a sustained loss of funds. This situation may arise from a significant decline in enrollment, reversals in endowment income, or other factors that impinge on the College’s financial viability. This condition is to be distinguished from a single-year budget deficit, cyclical market trends in investments and enrollment, or a temporary reduction in annual gift income. This policy is not intended to be used as a program discontinuance policy.  See the Program Discontinuance policy in this Handbook.

8.2.2     PRIORITIES

Termination of permanent or long-term continuous appointments because of financial exigency or formal reduction will be sought only as a last resort, after every effort has been made to meet the need in other ways and to find for the faculty member(s) other employment in the institution. Situations which make retrenchment of this sort necessary should preclude expansions of staff at other points at the same time, except in extraordinary circumstances.  The Board of Trustees and the President will seek to minimize the impact on teaching and students by addressing reductions in infrastructure first and foremost but with due consideration for the viability of the institution.

8.2.3     THE PROCESS

As a first step, the President should consult with faculty senate leadership to advise them that a condition of financial exigency exists or is imminent or that a formal reduction is necessary.  Faculty Senate leaders should have the opportunity to review relevant financial data and be confident that all feasible alternatives to termination of appointments have been pursued. Faculty Senate leaders will also be consulted to determine criteria to identify individuals whose appointments will be terminated.

Within five (5) work days of a declaration of financial exigency or a declaration that a formal reduction is necessary, the President and the Provost shall notify Faculty Senate leadership and request a meeting of the faculty.  At that meeting, faculty will be presented with the relevant financial data that formed the basis of the Board’s decision.  Faculty will be given the opportunity to provide input to the President for recommendations of how to respond to the financial situation.

After meeting with the faculty, the President shall convene an ad hoc committee which includes Academic Deans, representatives of appropriate constituent groups, relevant faculty senate committees including but not limited to Curriculum, Welfare, and the Executive committees, academic and non- academic administrators, and staff.  Members of the committee and the chairperson shall be designated by the President.  It shall be the responsibility of this committee to make recommendations to the President for the development of a retrenchment plan for the College. Their recommendations should include identifying and prioritizing areas for possible retrenchment. Judgments about academic programs and faculty status directly reflect an impact on the educational mission of the institution. Therefore, faculty should have the primary role in making such recommendations.

Final decision making with respect to the plan rests with the President.  The President is responsible for developing and implementing a written retrenchment plan. The plan should include, at a minimum, the identification of (a) programs to be discontinued or retrenched, (b) positions to be eliminated or reduced from full-time to part-time, (c) number of faculty contracts to be terminated, by division, (d) an implementation timeline and (e) fiscal consequences of implementing the plan.

The President shall submit the plan and recommendations to the Board of Trustees for its actions.  Upon approval of the plan, the President shall distribute it to the College community.

The Board of Trustees is solely authorized to declare a state of financial exigency. Such a declaration shall be made after a review of relevant financial data.

8.2.4     NOTIFICATION TO FACULTY AND FACULTY RIGHTS

If recommended actions include discontinuance of programs and/or termination of faculty contracts, from either a declaration of exigency or a formal reduction:

• Affected faculty will be given one-year’s advance notice, or a minimum of one year’s salary, if financially feasible. On the recommendation of the Provost, the President may, at his or her discretion, approve up to an additional year of salary compensation. The College will provide assistance to affected faculty members who cannot be relocated into existing vacancies at the institution. The scope of assistance shall be determined at the discretion of the College and may include, but not be limited to, outplacement services and/or support for retraining;
• In the event that the discontinued program is reinstated within three (3) years, terminated faculty members will receive priority consideration for reemployment in positions for which they are qualified, provided their performance has been satisfactory. Faculty whose positions have been lost as a result of financial exigency will also be given priority consideration for other faculty positions that become open in the College for three (3) years following their termination, provided they meet qualifications for the position.

The College will make every effort to teach-out students already enrolled in any program that is being discontinued.

Final decision to discontinue a program or to terminate faculty contracts rests with the President and the Board of Trustees. Faculty whose contract is terminated due to a formal reduction may appeal that decision to the Board of Trustees Student Experience Committee. The decision of the Board of Trustees Student Experience Committee will be final. The decision to terminate a contract in the case of financial exigency is not subject to appeal.

8.3     INITIATING AND DISCONTINUING ACADEMIC PROGRAMS - AMENDMENT REQUIRES BOARD OF TRUSTEES APPROVAL

8.3.1     INTRODUCTION

From time to time, it may be necessary for Champlain to end the operation of one or more of its degree programs. It is important for the faculty to know the conditions which may trigger a decision to discontinue a program, to know the principles upon which such a decision would be based, and to understand the process that would be followed.

8.3.2     CONDITIONS UNDER WHICH A PROGRAM MAY BE DISCONTINUED

The decision to discontinue an academic program may be triggered by, but is not limited to, one or more of the following conditions:

• significant decline in program enrollment (as distinguished from a single-year decline or temporary variation in enrollment);
• a change in institutional priorities, mission, and vision;
• budget deficits;
• a curriculum no longer offers realistic career opportunities for its graduates;
• changes in the professional field;
• in an extreme case, a declaration by the Board of Trustees of financial exigency or a reduction in force. (See the applicable College policy on Financial Exigency and Reduction in Force.)

If the decision to discontinue an academic program is based on financial exigency, or a reduction in force, the procedures outlined in that policy will take precedence, and the procedures and provisions of this policy will not apply.

Discussion about discontinuance of a program normally begins (but need not always begin) with either the administration or faculty as a result of the program review process. The annual review is evidence- based to provide results that support institutional needs for planning and decision-making.  The review should address an evaluation of program management, including viability of the academic program, and an assessment of student outcomes. The reports generated by faculty and Deans in the annual review process are an essential input into decisions about discontinuing academic programs.

No program will be discontinued without the involvement of the faculty in that program and the respective Academic Dean. Notification to the Provost is an expected initial step in the process. Regardless of who initiates the discussion about program discontinuance, data supporting the need for discontinuance should be reviewed by the affected division and by the appropriate Faculty Senate committee(s) as defined in the Bylaws of the Faculty Senate. Faculty in the affected unit have the opportunity to present a proposal for continuation and/or reorganization as outlined in Section 8.3.3 The Process, below.  Such a proposal should ideally have majority support of the voting members of that division, although minority reports may be submitted for consideration.

The affected unit and committee(s) should have access to institutional support and to all pertinent information including, but not limited to:

• The reasoning behind the proposed program termination
• The administrative history of the program, including what actions have been taken over the preceding five years which were supportive or non-supportive of the program
• All recent academic evaluations of the program by both internal and external evaluators
• All financial data relevant to the program and related programs, including estimated costs for retaining it or reorganizing it as a quality program consistent with the standards of the College and the probable impact such expenditures would have on other programs at the College
• All recent annual reports and program reviews.

In the event that a program is to be discontinued, all communications regarding the decision should be managed with the highest level of regard for students currently in the program, as well as for faculty teaching in the program.  Formal announcements should all be handled through the office of the President or through the President’s designee.

8.3.3     THE PROCESS

The goal is to have a process that is transparent and that is in keeping with the College’s institutional values. Any consideration of program discontinuance should reflect long-range appraisal of the effect of discontinuance on the educational mission of the institution. 

When a program has been identified as a candidate for discontinuance, (whether as a result of an annual review process or otherwise), the Provost will notify the program faculty and the respective academic dean.  The process outlined below will be followed when considering program discontinuance.

Step 1:  A faculty member, academic division or college administrator will initiate the Program Discontinuance process and alert the Provost of the proposal.

Step 2:  The Division Dean will convene a meeting of all affected program faculty. All relevant variables related to the program discontinuance will be presented to the Division. The purpose of the meeting will be informational and a vote will not be taken.

Step 3: The Faculty Senate Academic Affairs Committee Chair will warn the faculty that the program is under consideration for discontinuance. Parties who have concerns about the discontinuance will submit their written statement with any relevant documentation to the curriculum management system within two weeks of the discontinuance being warned.

Step 4:  The Academic Affairs Committee of Faculty Senate, in conjunction with the Provost, Division Dean, program faculty and Curriculum Committee Chair will meet and provide a written, non-binding recommendation to the College to either revitalize the program or continue with the discontinuance process. If the person(s) initiating the discontinuance process are not one of those already listed in Step 3, they will be invited to this meeting.

Step 5:  The affected Division will vote on whether or not to discontinue the program(s).  If the decision to proceed with discontinuance is made, the Division will develop a teach-out plan for existing students in the program.  

Step 6: The Curriculum Committee of the Faculty Senate will vote on a teach-out plan associated with the program discontinuance.  

Step 7: The result of these votes along with the report of the Academic Affairs Committee will be presented to the Champlain Faculty Senate who will vote on a recommendation to send to the Provost. 

If the result of the process is a decision to discontinue the program, the Provost will make a recommendation to the President who will, in turn, make a recommendation to the Board of Trustees. Plans for a teach-out phase will immediately begin. The program will no longer be marketed and Admissions will cease to admit new students into the program. (See Impact for Program Faculty.)

8.3.4     TEACHOUT

After a review of the academic records of students in the program, the administration, in consultation with the faculty and the division Dean, will make a determination of the length of the teach-out period and a recommendation to Curriculum Committee, which will review the teach-out plan. During the teach-out period, the program will no longer be marketed and Admissions will cease to admit new students into the program.

8.3.5    IMPACT FOR PROGRAM FACULTY

A decision to discontinue an academic program may result in termination or modification of program faculty appointments prior to the expiration date in individual letters of appointment. Nevertheless, the College will make reasonable efforts to retain affected faculty through the end of their appointment term. In cases of termination, the College will have no further obligations with respect to the payout of the remainder of terms specified in letters of appointment, because such letters are issued subject to the provisions of this policy and/or other College policies as posted and amended from time to time. For the same reason, modification of the terms stated in individual letters of appointment may also be made by the College under this policy as posted and amended from time to time.

When a decision to discontinue an academic program is made, the College may offer full-time faculty teaching in the program a one-year letter of appointment, regardless of preexisting contractual obligations, or it may offer severance compensation of one-year’s salary in lieu of a letter of appointment.   Because of the commitment required by both the College and the faculty during the teach-out phase, if faculty remain with the program through the teach-out phase, they may be offered severance compensation of one-year’s salary upon completion of the teach-out. In either case, on the recommendation of the Provost, the President may, at his or her discretion, approve up to an additional year of salary compensation. Alternatively, full-time faculty may be placed in another position at the College. The Provost, in consultation with the relevant Dean, will determine whether full-time regular faculty members associated with the discontinued program possess qualifications required to continue teaching at the College. If it is determined that the faculty do not possess the necessary qualifications to continue teaching, the College will make reasonable efforts to place them in a non-teaching position. The College will provide assistance to affected faculty members who cannot be relocated into existing vacancies at the institution.  The scope of assistance shall be determined at the discretion of the College and may include, but not be limited to, severance (as noted above), outplacement services and/or support for retraining and COBRA.

In the event that the discontinued program is reinstated within three (3) years from the completion of the teach-out period, terminated faculty members will receive priority consideration for reemployment in positions for which they are qualified, provided their performance had been satisfactory. Faculty whose positions have been lost as a result of program discontinuance will also be given priority consideration for other faculty positions that become open in the College for three (3) years following their termination, provided they meet qualifications for the position. If they are rehired into a faculty position, their prior years’ service and seniority will count toward their new academic rank.

8.3.6   REQUEST FOR RECONSIDERATION

The final decision to discontinue an academic program rests with the President and the Board of Trustees.

A faculty member whose appointment is terminated by reasons of program discontinuance has the right to file a request for reconsideration to the Board of Trustees.  The issues of the request may include the institution’s failure to satisfy any of the conditions specified in the termination decision.  The right to request reconsideration will not be reduced or relieved through the acceptance of a severance agreement; the faculty member is entitled to both as a matter of process. The decision of the Board of Trustees will be final.

8.3.7     INITIATING AN ACADEMIC PROGRAM

8.3.7.1     INTRODUCTION

As Champlain keeps pace with employer standards and trends in higher education, it will be necessary to develop new degree programs at both the undergraduate and graduate levels. This policy is not concerned with program modifications or the development of new minors, specializations, or certificates. It is important for the College community to know the circumstances in which new program needs are identified and to understand the process that would be followed.

8.3.7.2     IDENTIFYING NEW PROGRAM NEEDS

The decision to develop a new degree program may be triggered by, but is not limited to, one or more of the following circumstances: new developments in professional trends and career opportunities; significant student interest; research conducted by the College’s Marketing department; or feedback from the College Admissions team. New programs will also align with institutional priorities, mission, and vision.

8.3.7.3     PRINCIPLES

The goal is to have a process that is transparent and that is in keeping with the College’s institutional values. Any consideration of a new degree program should reflect long-range appraisal of the resources needed to develop and maintain the program and how the program supports the educational mission of the institution.

8.3.7.4     PROCESS

Discussion about developing a new degree program normally (but need not always) begins with either the administration or faculty as a result of any of the factors identified above. Faculty wishing to develop a new degree program will first obtain the support of the division Dean and the Provost before conducting market and budget research. Both a market analysis and feasibility study provide the evidence that support the planning and decision-making for developing a new program. The market analysis addresses the viability of the academic program, career opportunities and employment trends and target audience. The feasibility study shows the additional resources needed to implement and support the program. Information gained from these reports is essential for making decisions about offering new degree programs.

Because curriculum is the primary responsibility of faculty, no program will be proposed without the involvement of the appropriate division’s faculty, Program Directors and respective Academic Dean(s). Data supporting the proposal of a new degree program, along with program curriculum, learning objectives and methods of assessment, should be reviewed by the originating division’s faculty. Such a proposal will have majority support of the voting members of that division.

The proposal will continue in the curriculum management system through the steps in the approval process as defined by the Curriculum Policy and Processes Handbook. The final decision to establish a new academic degree program rests with the President and the Board of Trustees.

8.4     NEWS RELEASES AND PRESS CONFERENCES

To maintain good media relations and to use most efficiently the time of faculty and staff, interviews with the press concerning matters of official policy of the College should be channeled through the President’s Office.

8.5     CONFIDENTIALITY

Members of the faculty should make themselves aware of various confidentiality requirements imposed by the College and by federal laws, e.g., The Family Educational Rights and Privacy Act of 1974 (FERPA). Members of the faculty are expected to use good judgment in determining which affairs of the College are confidential and to make conservative decisions in case of doubt. College legal counsel, with the permission of the Provost, can be consulted for advice in this regard.

8.6     TRAVEL EXPENSE REPORT

Procedures for obtaining reimbursements for expenses incurred during the conduct of College business are as follows:

• Obtain a Travel Expense Form from the divisional Operations Manager or online. http://www.champlain.edu/faculty-and-staff/campus-information/finance/policies-and-forms;
• Fill out only your Name, Department, Account Number, Report Date, Business Purpose of Trip or Advance, Trip Date, and Advance Amount requested;
• Fund advances for travel should only be for estimated funds needed during your trip. Any expenditure requiring payment prior to your trip or which will be billed to the College should follow the normal purchase order system. (i.e., pre-registration payments, car rentals, airline tickets, etc.);
• Original receipts are recommended for all expenses submitted for reimbursement; original receipts are required for all expenses greater than $25.00;
• IRS regulations require documentation of business expenses to include (a) the amount of the expenditure, (b) the time and place of the expenditure, (c) the business purpose of the expenditure, and (4) the names and business relationships of individuals for whom the expenditure was made.
• Ensure proper authorization on all expense reports and authorizations as defined by Finance Policy No. 301;
• Refer to Finance Policy No. 300 for reimbursable expenses, non-reimbursable expenses, meal expenditures, use of personal cars, and other specific requirements governing reimbursement of expenses.

8.7     EMERGENCY TRAVEL FUNDS

In most instances, employees are aware of travel schedules well in advance and can submit requests for funds in time to ensure responsiveness by the Finance Office. Requests for cash advances should be made on the travel expense report. The Finance Office processes requests for checks once a week, on Wednesdays. Exceptions for cash advances are rare and provided only after Finance has determined that other methods (credit card, cutting a check, wiring money) are not possible.   Any cash advance over $2,000 requires 14-days’ advance notice. Finance policy #306 outlines the specific steps for requesting a cash advance.

8.8     GRANT SUBMISSION AUTHORIZATION REQUEST

The formal process to submit authorization to request a grant is defined in Finance Policy No. 304.  To request authorization, submit a brief summary of the project along with the following information:

• Title of Project;
• Principal Investigator/Division;
• Funding Source;
• Submission Deadline;
• Estimated Project Dates;
• Maximum Dollar Request;
• Matching Funds Required (Yes/No);
• Direct Dollars/Indirect Dollars;
• Proposed Partners.

Signatures from the Development and Controller offices are required on the grant request; if the grant is an academic project, the signature of the Provost is also required.

8.9     CONTRACT AUTHORIZATION

Purpose: To facilitate communication among Champlain staff or faculty who may have an interest in a particular sale or purchase contract.

Scope: This policy applies to all employees of Champlain College who originate business relationships that may result in a contract.

Policy: All proposals for significant business relationships must be communicated to the appropriate college personnel and approved before a contract can be signed.

Procedure:

1. Early Notification: The originator of the business relationship must notify the Contract & Risk Management Director as early in the process as is reasonable. The Contract & Risk Management Director will email the appropriate staff and faculty of the planned relationship. “Appropriate staff and faculty” will depend on each situation, but should include those people whose work may be significantly affected by the business relationship and/or their department heads or academic deans. The purpose of this notification is to provide an early warning in order to solicit feedback, comments and concerns.
2. Term Sheet Approval: When contract negotiations are substantially completed, the originator of the business relationship must provide the contract information or a draft contract to the Contract & Risk Management Director, who will complete the Term Sheet.   The Contract & Risk Management Director will obtain written approval of the Term Sheet from the college personnel he/she/they determine to be appropriate. If the proposed contract does not accompany the Term Sheet, the final contract terms must be consistent with the approved Term Sheet.
3. Contract Approval: The Contract & Risk Management Director will submit the proposed contract and the approved Term Sheet to the Vice President of Finance for final approval.  Contracts may not be signed without a fully approved Term Sheet.

8.10     USE OF COPYRIGHTED MATERIAL

The College, as an educational institution that is both a consumer and producer of information, supports the College community’s responsible and good faith exercise of fair use of copyrighted materials in pursuit of the College’s educational mission. The College is committed to complying with laws protecting the rights of copyright holders, while recognizing that those rights are limited by fair use and other provisions of copyright law. The College provides information and resources to educate members of the College community about copyright law, the rights of copyright holders and the exercise of fair use. The faculty, staff and other College employees, the students of the College, and all members of the College community have an obligation to make informed and responsible decisions regarding their use of copyrighted materials and are obligated to comply with copyright law.

8.11     INVESTIGATION OF CONCERNS RELATIVE TO BUSINESS PRACTICES

Purpose:

The purpose of this policy is to establish procedures for submitting complaints or concerns regarding financial statement disclosures, accounting or business practices, finances, internal controls or auditing matters, or suspected violations of Champlain’s Code of Business Conduct. For other issues, please consult the People Center for advice on the mechanism for reporting.

Scope:

This policy applies to all employees and students of Champlain College.

Definitions:

Whistleblower: A person who reports potential wrongdoing with respect to the College’s financial statement disclosures, accounting or business practices, finance, internal controls or auditing matters, or potential violations of the College’s Code of Business Conduct, to the College’s administration and/or Board.

Policy:

The College’s internal controls and business policies and procedures are intended to prevent or detect improper activities with respect to the College’s financial statement disclosures, accounting or business practices, finances, internal controls or auditing matters, and/or suspected violations of Champlain’s Code of Business Conduct.   Nonetheless, the College welcomes information concerning potentially undetected improper activities of this sort.  The College, therefore, encourages employees, students, alumni, parents and others to report in good faith, their concerns about suspected improper activity as described in this policy.   No individual who, in good faith, reports a matter covered by this policy, shall suffer harassment, retaliation, or adverse employment, academic or education consequence as a result.

Procedure:

• Individuals wishing to report violations or suspected violations may send or submit a sealed envelope to the Chair of the Audit Committee, Champlain College Board of Trustees, c/o President’s Office, PO Box 670, Burlington, VT 05402-0670. If an individual wishes to discuss any matter with the Audit Committee, he or she should so indicate in the submission and include a telephone number where he or she can be reached. Should the Committee deem such communication appropriate, the individual will be contacted accordingly.
• Following the receipt of a complaint submitted under this policy, the Audit Committee will:
  • Acknowledge receipt of the complaint to the sender (unless anonymously submitted);
  • Investigate or direct an investigation to commence on each matter reported, and take corrective or disciplinary actions, if appropriate. In conducting an investigation, the Audit Committee or its representative, will use reasonable efforts to protect the confidentiality and anonymity of the complainant. Confidentiality may have to yield to the needs of the investigation and/or the accused’s need to participate in a discussion of the situation, but the College prohibits retaliation in any event.
  • The Audit Committee may engage legal counsel or other outside professionals to conduct the investigation and provide a report to the Chair of the Audit Committee.
• At the conclusion of any action(s) taken by the Audit Committee under this policy, the Chair of the Audit Committee will:
  • Provide a summary report of the investigation, conclusion, and resolution regarding the suspected violations to the Champlain College Board of Trustees. A verbal or written summary may also be provided to the individual filing the complaint, as determined by the Chair of the Audit Committee.
  • Provide a copy of the file to the Secretary of the Board of Trustees for the purpose of documenting and maintaining the resolution of the matter.
• Individuals found to be making baseless allegations without regard for their truth or falsity may be subject to institutional disciplinary action.

Policy Adherence:

The Vice President of Finance is the responsible official for this policy. Any exceptions to this policy must be approved by the Vice President of Finance.

Contact:

Questions related to the interpretation of this policy should be directed to the People Center.

Any individual with questions about whether or not the policy applies to a given incident should use the process described above. The Audit Committee will determine whether or not the incident should be investigated under this policy, or should be addressed instead to the People Center.

People Center policies and procedures are updated on an as-needed basis. As such, the College reserves the right to alter, amend or suspend the terms of this policy at its sole discretion. Please refer to the policies posted on the People Center website for the current version. This policy does not constitute an employment contract.

8.12  DISCRIMINATION AND HARASSMENT POLICY AND PROCEDURE

SCOPE OF THE POLICY

The Discrimination and Harassment Policy applies to all administrators, employees, admissions or employment applicants, students, members of the Board of Trustees, agents of the College, and volunteers involved in College-related activities. The policy also applies for and to those who do business with the College in their interactions with members of the College community.

The College maintains a separate Sexual Misconduct Policy. Reported sexual harassment, sexual violence, and sexual misconduct that appear to fall within the definitions and scope of that policy will be handled under the procedures outlined in that policy.  Other sex-related matters (such as, e.g., disparate treatment in promotions, grading or other matters based on sex) that do not fall within the definitions and scope of the Sexual Misconduct Policy will be handled under the procedures outlined in this policy. 

The College also maintains a separate Bias Response Process. Bias-related behaviors that are not criminal offenses and which fall outside of the Sexual Misconduct Policy, the Discrimination and Harassment Policy, the Standard of Conduct, and other comparable policies, are treated as bias incidents and will be addressed through the Bias Response Process. However, bias behavior will be deemed an aggravating circumstance to any violation of College policy.

Teaching practices or communications that are demeaning, hostile, or alienating based on or because of an individual’s possessing a protected characteristic are prohibited. This topic is addressed further in the Academic Discourse section below.

Champlain College’s Freedom of Expression Statement: Champlain College’s spirit of inquiry in the pursuit of knowledge supports the institution’s culture of exploration with respect for diversity and a passion for an inclusive learning environment. The college holds that its community, including, but not limited to, students, faculty, staff and invited visitors retain the right to freely express their ideas, so long as those forms of expression do not infringe on another’s freedom to do so. We believe that the commitment to engage in discomfort and controversy can promote opportunities for growth. It is not the institution’s purpose or duty to protect its constituents from conflict, but rather, to create conditions for debates and discussions to flourish.

DEFINITIONS

Bias Incident: Any conduct, speech, images, or expression that demonstrate conscious or unconscious bias which targets individuals or groups based on, but not limited to, their actual or perceived: age, disability, ethnicity, gender identity or expression, immigration status, marital status, national origin, race, religion, sex, sexual orientation, size, socioeconomic status/class, veteran status or on the basis of any other status protected by law or recognized within a Champlain College policy.

Harassment:  For purposes of this policy, prohibited harassment constitutes a form of discrimination and is defined as verbal or physical conduct or communications directed at or because of an individual’s race, creed, color, national origin, place of birth, ancestry, religion, age, sexual orientation, sex (except as separately covered under the Sexual Misconduct Policy), gender identity, veteran or military service status, HIV-positive status, qualified disability, or on the basis of any other status protected by law, which has the purpose or effect of substantially interfering with the individual’s employment or educational performance, or creating an intimidating, hostile or offensive environment.

Hate Crime: As defined by Vermont law, a hate crime is a crime that is maliciously motivated by the victim’s actual or perceived race, color, religion, national origin, gender identity, ancestry, age, service in the armed forces of the United States, disability, sexual orientation or gender identity is a hate crime. The perpetrator can be given additional penalties at sentencing. Hate crimes should be reported to your local law enforcement agency. Prosecutors can seek increased penalties for hate crimes, including longer jail sentences and higher fines.

Hazing: Any act committed by a person, whether individually or with others, against a student or employee in connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization which is affiliated with the College; and which is intended to have the effect of, or should reasonably be expected to have the effect of, humiliating, intimidating or demeaning the student or employee or endangering the mental or physical health of a student or employee.

Specific Types of Harassment: In addition to forms of harassment listed above, other examples of specific types of harassment might include, but are not limited to the following, if engaged in at the levels described above:

Age: Verbal or physical conduct or communications directed at an individual’s age, such as derogatory age-related comments and negative stereotypes.

Disability: Verbal or physical conduct or communications directed at the characteristics of an individual’s disabling condition such as manner of speaking, manner of movement, or necessary equipment.

Gender Identity: Verbal or physical conduct or communications directed at an individual’s gender identity, such as negative name-calling and intentional misuse of gender-specific pronouns.

National Origin: Verbal or physical conduct or communications directed at an individual’s national origin such as negative comments regarding surnames, manner of speaking, and customs.

Racial: Verbal or physical conduct or communications directed at an individual’s race such as words emphasizing stereotypes, comments on manner of speaking, and negative references to racial customs.

Religious: Verbal or physical conduct or communications directed at an individual’s religion such as derogatory comments regarding surnames, religious tradition, and religious clothing.

Sex-Based: Verbal or physical conduct or communications directed at an individual’s sex and/or gender, such as negative gender-based stereotypes and sexist comments.  Information about sexual misconduct not covered by this policy can be found in the Sexual Misconduct Policy.

Sexual Orientation: Verbal or physical conduct or communications directed at an individual’s sexual orientation such as negative name-calling and imitating mannerisms.

Veteran/Military Service Status: Verbal or physical conduct or communications directed at an individual’s veteran or military service status, such as pejorative references to same and negative comments regarding required service.

POLICY

It is imperative that Champlain College provides a safe environment conducive to learning and working. Harassment as described above is unacceptable and will not be tolerated for any reason. In accordance with Federal and State laws, the College affirms its commitment to providing equal opportunity in education and employment and will not tolerate discrimination or harassment on the basis of characteristics such as race, creed, color, national origin, place of birth, ancestry, religion, age, sexual orientation, sex, gender identity, veteran or military service status, HIV-positive status, qualified disability or any other characteristic to the extent protected, and as defined by, applicable law, in the administration of its educational and admissions policies, scholarship and loan programs, employment practices, athletic, and other college-administered programs. The College will, therefore, comply with all applicable federal and Vermont nondiscrimination laws.

It is, therefore, the intent of the College to comply with the Vermont Fair Employment Practices Act of 1963, the Equal Pay Act of 1963, Titles VI and VII of the Civil Rights Act of 1964, the Vietnam Era Veterans Readjustment Act of 1970, Title IX of the Education Amendments of 1972, Section 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and other such federal, state and local nondiscrimination laws, as they apply.

Compliance with this policy is a term and condition of student enrollment and student, staff and faculty employment at the College. An individual who violates this policy may be subject to disciplinary action. Depending on the seriousness, sanctions for involvement in harassment or discriminatory activities could include verbal or written reprimand; required participation in community projects; loss of privileges; suspension from employment (with or without pay) or enrollment; probation; requirement to participate in counseling; dismissal from housing, school, or employment. The College reserves the right to take action to stop and to sanction discriminatory and/or harassing behavior, even in instances where such behavior does not rise to a level that it would constitute unlawful harassment under applicable law.

The right to make a complaint is not limited to someone who is the direct target of the harassment. Anyone who has observed discrimination or harassment should report the alleged incident(s) to the Vice President for Student Affairs and Institutional Diversity and Inclusion (student-to-student harassment) or the Vice President for Human Resources (if an employee is involved). Retaliation against individuals who make or support a complaint of discrimination and/or harassment, as discussed further in the College’s Discrimination and Harassment Complaint Procedure, is prohibited and will be considered a violation of this policy.

In fact, all College officials, such as vice presidents, directors, staff, deans, faculty, and individuals in management/supervisory positions are obligated to report conduct that may be in violation of the College’s Discrimination and Harassment Policy. College officials who become aware of conduct that they believe may violate the College’s discrimination and harassment policy must report that conduct to the Vice President of Human Resources or, if the alleged conduct was engaged in by a student, to the Vice President of Student Affairs and Institutional Diversity and Inclusion.

Counselors in the Counseling Center, and student health service employees in the Student Health Center are the only employees available to provide support and assistance on a confidential basis and will not release any information without the individual’s permission, except in circumstances where they believe that the safety and welfare of the individuals or others may be at risk or as otherwise required by law. The College cannot, however, guarantee the confidentiality of information shared with anyone other than the College Counselors or medical staff because of laws requiring that action be taken.

A copy of the Discrimination and Harassment Policy is provided to every employee and student through the People Center’s website and the College Catalog, which is located online. The College also provides appropriate educational training.

Any individual found to have engaged in discrimination or harassment as defined above will be in violation of this policy and shall be subject to appropriate disciplinary action, up to and including termination of employment or expulsion from enrollment at the College. Any individual who believes he/she/they has been subjected to discrimination or harassment under this policy is entitled to pursue the internal Discrimination and Harassment Complaint Procedure and/or may pursue remedies provided by Federal and State law. There also are instances when the College may choose to follow up on a concern with an informal process or formal complaint without having received a formal or informal complaint from an individual (i.e., when a problem is identified by another member of the College community).

Please refer to the College’s Harassment and Discrimination Complaint Procedure, which appears immediately below, for information regarding how to report a concern about harassment or discrimination, and how complaints relative to harassment or discrimination are resolved. To report bias or a hate crime, please refer to the Bias and Hate Crime section of the College Catalog. For the College’s policy on sexual misconduct,  see the College’s Sexual Misconduct Policy. 

DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURE

COMPLAINT PROCEDURE

The purpose of the Complaint Procedure is to provide a process for handling discrimination and harassment complaints. A lengthy period of time between an alleged occurrence and investigation may make fact-finding more difficult. Therefore, individuals are encouraged to file complaints as soon as possible.  The College strives to ensure that discrimination complaints, including unlawful harassment, are handled promptly and effectively in a manner that is procedurally fair to the parties.

Where reported misconduct involves allegations of sexual misconduct as defined in the College’s Sexual Misconduct Policy, the more specific definitions, prohibitions, and procedural statements included in the Sexual Misconduct Policy will be used in this Complaint Procedure, and such definitions, prohibitions and procedural statements are therefore incorporated into these procedures by reference.  This Complaint Procedure, including the Appeal Procedure outlined below, will be used in Sexual Misconduct cases to the extent this Procedure is not inconsistent with provisions of the Sexual Misconduct Policy.

Protective Measures

Sometimes it is necessary to take steps before or during an investigation to protect the rights and interests of the Complainant and/or Respondent. Such measures may be designed to reduce or eliminate contact between the Complainant and/or the Respondent so that both parties may feel safe in their work/educational environment. Protective measures may also guard against further actual or perceived discrimination or retaliation. Protective measures may include temporary changes in working conditions, (such as changes to supervisor or office location), directives to the Complainant and Respondent to avoid personal contact or refrain from such contact without a neutral third person present and, in severe cases, suspension of an individual pending the outcome of an investigation. 

Confidentiality of Investigation/Hearing: All proceedings against individuals relating to complaints of discrimination will be conducted confidentially by the People Center and/or Student Affairs officials to the extent allowed by law. So as to complete required investigations, those individuals will share information only with persons who, in the sound discretion of such officials, have a legitimate need to know, or persons from whom information is needed to complete an investigation.

Academic Discourse:  Champlain College recognizes that the protection of free and open speech and the open exchange of ideas are important to any academic community. This recognition is therefore an important element in the “reasonable person” standard used in judging whether sexual harassment or other harassment prohibited by this policy has occurred. This policy is meant neither to proscribe nor to inhibit discussion, in or out of the classroom, of complex, controversial or sensitive matters, when in the judgment of a reasonable person they arise appropriately and with respect for the dignity of others. Champlain College also recognizes, however, that verbal conduct can be used specifically to intimidate or coerce and to inhibit genuine discourse, free inquiry and learning. Such abuses are unacceptable. If someone believes that another’s speech or writing is offensive, wrong or hurtful, that person is encouraged to express that judgment in the exercise of his/her/their own free speech or to seek redress under the procedures described below.

Filing a Discrimination or Harassment Complaint

Any Champlain College student or employee who believes that the Discrimination or Harassment Policy has been violated may file a complaint.

Discrimination or harassment complaints against College faculty and staff should be directed to the faculty or staff member’s direct supervisor or the Vice President of Academic Affairs and Academic Affairs Office, Freeman Hall acadaffairs@champlain.edu  802-860-2729 and the Vice President for Human Capital at 802-865-5485, jarchambault@champlain.edu,  P.O. Box 670, Burlington, VT 05402 

Discrimination and Harassment complaints against College students should be directed to the Vice President of Student Affairs and Institutional Diversity and Inclusion at (802) 651-5851,  

All inquiries concerning compliance with disability laws, regulations or auxiliary aids or services that students with disabilities would like to request in connection with participation in Champlain College programs should be directed to Erin Ferrara, Associate Director of Accessibility Services and 504 Coordinator at (802) 865-5764 or eferrara@champlain.edu for student-related matters. Employee requests for the same should be directed to Jennifer Archambault, the Vice President for Human Resources at (802) 865-5485 or jarchambault@champlain.edu.

Investigation Procedures

The Vice President for Human Resources and/or the Vice President of Student Affairs and Institutional Diversity and Inclusion (student-to-student violations), their designee(s) or an appointed investigator or investigators will interview the person making the complaint, known as the “Complainant.” The Complainant will then be asked to provide a signed and written statement, known as a Complaint, describing the offending conduct in detail. The Complaint will to the extent feasible provide a record of what happened including facts, dates, witnesses, actions and responses and any relevant correspondence.  If the Complainant would prefer not to submit a written complaint, a complaint can be described to a College staff member, reduced to writing, and ascribed to by the Complainant.

People Center/Student Affairs next determines whether the situation described in the Complaint arose in the course of a College program or activity. If so, it must also determine whether the Complaint is directed against a College employee, student, department (or similar unit), or a third-party College affiliate. If both of the above situations exist, the College will formally initiate an investigation into the matter, unless informal resolution, as described below, is pursued. If it is determined that the situation did not arise in the course of a College program or activity or is not directed at an individual associated with the College as described above, the Complainant may be referred to other agencies where appropriate.

When a Complaint is received, the person(s) being charged, known as the “Respondent,” will be notified promptly that an investigation has begun and will be given ample opportunity to respond to the allegations surfaced during the investigation.

The Vice President for Human Capital, the Vice President of Student Affairs and Institutional Diversity and Inclusion, and/or the Vice President of Academic Affairs will assign an investigator or investigators to investigate a Complaint that falls within the scope of this Policy.

The investigator(s) will meet privately and separately with the Complainant, the Respondent(s), and any witnesses to the alleged incident(s), and will prepare a written report of the interviews and investigation. Complainants and Respondents may elect to have an advisor of choice present at these meetings.

Any investigation will be conducted with sensitivity to all parties. Confidentiality will be maintained to the greatest extent possible within the requirements of conducting reasonable investigations. Only those individuals who have a legitimate need to know may be made aware of the identity of the parties. The College strictly forbids retaliation against anyone because they have brought or supported a complaint or participated in an investigation.

The investigator(s) will issue a written report of their findings and conclusions to the People Center or Student Affairs. A representative from the People Center or Student Affairs will determine if the investigation is complete and will develop a recommendation for resolution based on the findings and conclusion of the investigators’ report.

In cases where the respondent is an employee the proposed resolution will be forwarded to the appropriate Vice President with responsibility for the department(s) in which the Complainant and the Respondent(s), work for their review, final approval, and determination of disciplinary sanctions, if applicable.

In cases where the respondent is a student the proposed resolution will be forwarded to the Vice President of Student Affairs and Institutional Diversity and Inclusion for their review, final approval, and determination of disciplinary sanctions, if applicable.

If a Complaint is found valid, the respondent may be subject to a range of disciplinary sanctions as outlined under the Discrimination and Harassment Policy up to and including termination of employment or dismissal. If the charge is not substantiated, the case will be closed.

The complainant and respondent will receive a written summary of the investigation and the conclusions of the investigation.

The respondent may invoke the appropriate grievance procedure or appeal process in response to the action taken on the findings of the Complaint.  In cases involving discrimination on the basis of sex that fall under this policy, the complainant will have an opportunity to appeal to the same extent that the respondent has an opportunity to appeal.

Appeal Procedure: Individuals have the right to appeal decisions and sanctions made through the process outlined above. All appeals must be made in writing and sent to the Office of Community Standards (communitystandards@champlain.edu) for matters in which the Respondent is a student, or to the Vice President of Human Capital (jarchambault@champlain.edu) for matters in which the Respondent is an employee. The individual submitting an appeal must specify the reasons for the appeal. An appeal of any decision must be received within ten business days after the Parties have been informed of the decision. Appeals will be heard by an appeals officer who has not been involved in the investigation, grievance procedure, or determination of sanctions prior to submission of the appeal. 

Parties may appeal on the grounds that 1) there was a procedural error that unfairly affected the outcome of the investigation and resolution; 2) there is new information that was not reasonably available during the investigation and resolution process; and 3) the sanctions imposed are disproportionate to the nature and severity of the offense and the cumulative conduct/employment history of the Respondent.

The responsibility of the appeals officer is to determine a fair course of action in light of the charges and evidence presented. When the appeal is complete, the matter shall be deemed fully resolved without further recourse.

Informal Resolution of a Complaint

The People Center or Student Affairs (or Designees) may offer a person with a complaint of alleged discrimination or harassment that does not involve sexual misconduct use of an informal process for resolving their complaint prior to proceeding with the formal process. The informal process is designed to encourage an open atmosphere in which human relationships may be improved; it encourages people to resolve concerns and disputes without fear of reprisal; it enables the parties to settle disputes at the lowest possible level, quickly, fairly, and impartially. 

If informal resolution is pursued and resolves the matter successfully, no official findings of fact are made about the existence of discriminatory or harassing behavior. Rather, emphasis is placed on identifying the source of the problem(s) between the Parties and exploring ways the complaint can be resolved. People Center/Student Affairs will maintain a confidential record of the outcome of all informal resolution efforts.

Retaliation

The People Center and Student Affairs (or Designees) will inform all Parties that the College prohibits retaliation against individuals because they have made Complaints per this procedure, served as witnesses, or otherwise cooperated with investigations, regardless of whether the People Center or Student Affairs ultimately determines that the alleged conduct constituted discrimination or harassment in violation of this policy. Any Complainant or witness who believes they have been subjected to retaliatory behavior should report the conduct to the People Center or Student Affairs immediately. The People Center or Student Affairs will determine whether an investigation is appropriate and, if so, it shall initiate an investigation and make findings under this procedure. Persons found to have engaged in retaliatory conduct are subject to disciplinary action, including, but not limited to, termination of employment or dismissal.

In addition, Champlain College affiliates should be aware that federal civil rights laws make it unlawful for the school to retaliate against an individual for bringing possible civil rights violations to their attention. This includes intimidating, threatening, coercing, or in any way discriminating against an individual because they complained or participated in an investigation.

False Reports

If, at any point during the process, an investigator determines that a Complainant, Respondent or witness has knowingly lied or deliberately provided false information to the investigator, the People Center or Student Affairs may recommend that disciplinary action be taken against that person. Action may include dismissal and such persons may also be subject to independent legal action by persons wrongfully accused of misconduct. A complainant whose allegations are truthful to the best of their knowledge will not be found to have provided false information within the meaning of this policy and procedure, even if the College does not conclude that discrimination or harassment occurred.

CONTACT

Individuals should contact the Vice President for Human Capital (P.O. Box 670, Burlington, VT 05402, telephone: 802-865-5485, jarchambault@champlain.edu or Vice President of Student Affairs and Institutional Diversity and Inclusion, Student Affairs, 802-651-5851 or the Vice President of Academic Affairs, at 802-865-5715, averill@champlain.edu with any questions, discrimination complaints, inquiries concerning compliance with regulations or if reasonable accommodations are needed to participate in Champlain College programs or to apply for admission or employment.

Individuals may also contact the following State and Federal agencies concerning the application of nondiscrimination policies and enforcement of rights:

Employees may contact:

Vermont Attorney General’s Office, Civil Rights Unit,

109 State Street, Montpelier, VT 05609-1001

(802-828-3171/VOICE/TDD)

Equal Employment Opportunity Commission

John F. Kennedy Federal Office Building

Government Center, Room 475

Boston, MA 02203

(1-800-669-4000/VOICE or 1-800-669-6820/TDD)

www.eeoc.gov

Students may contact:

United States Department of Education, Office for Civil Rights

J.W. McCormack, Post Office Court House Building, Room 701

Boston, MA 02109-4557

(617-223-9662/VOICE)

Vermont Human Rights Commission

135 State Street, 2nd Floor, Drawer 33

Montpelier, VT 05633-6301

(802-828-2480/VOICE/TDD or 800-416-2010/VOICE)

Equal Employment Opportunity Commission (if the issue arises in a student employment situation)

John F. Kennedy Federal Office Building

475 Government Center

Boston, MA 02203

(800) 669-4000 (voice), (800) 669-6820 (TDD)

www.eeoc.gov 

Complaints to Agencies Outside of the College

The College has formal and informal dispute resolution mechanisms that are described in this catalog, and that are available to students on the terms described in this catalog. In addition, if you wish to file a complaint with the College’s accreditor (the New England Association of Schools and Colleges), with the Vermont Department of Education, with the Vermont Human Rights Commission, and/or with the Vermont Attorney General’s Office (employees), the contact information for each entity is, respectively, as follows:

• New England Association of Schools and Colleges, 209 Burlington Rd, Suite 201, Bedford, MA 01730-1433. Phone: (781) 271-0022; Fax: (781) 271-0950. Web: www.neasc.org.

• Vermont Department of Education, 120 State Street - Montpelier, VT 05620-2501. Phone: (802) 828-3135. Web: www.education.vermont.gov 

• Vermont Human Rights Commission, 14-16 Baldwin Street, Montpelier, VT 05633-6301. Phone: (800) 416-2010, x25; Fax: (802) 828-2481; (877) 294-9200 (TTY). Web: http://hrc.vermont.gov.

• Vermont Attorney General’s Office, 109 State Street, Montpelier, VT 05609-1001. Phone: (802) 828-3171 (802) 828-3665 (TTY). Web: http://www.atg.state.vt.us.

A statement from the Vermont Department of Education about resolution of complaints regarding postsecondary education-related matters is available at: http://education.vermont.gov/documents/EDU-Complaint_Resolution_Statement_for_Postsecondary_Education_Matters.pdf

8.13  SEXUAL MISCONDUCT

Please click here for policy.