Policy Prohibiting Discrimination and Harassment
Responsible Office or Person: Human Resources
Effective: April 15, 2025
Scope: All employees, students and student organizations, visitors or guests, and external organizations and individuals in their operations with Carroll University (e.g. temporary employees, contractors, vendors) are covered by this policy.
Carroll University is committed to providing a safe, respectful, and inclusive environment for all members of the Carroll Community. Discrimination or harassment in any form is strictly prohibited and will not be tolerated. This Policy applies to all aspects of the University operations, including employment practices, services (education, admission, financial aid), programs, and interactions within the Carroll Community.
Carroll University prohibits discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, age, disability, genetic information, pregnancy or childbirth, marital status, military service, or any other protected status under applicable law.
This Policy is intended to address all forms of prohibited discrimination and harassment except for incidents of sexual harassment prohibited by Title IX of the Education Amendment Acts (including sexual assault, stalking, dating violence and domestic violence) which are addressed separately in the Title IX Sexual Misconduct Policy and Procedures.
To foster a safe, respectful, and inclusive environment free from discrimination and harassment, this Policy complies with the Americans with Disabilities Act, Pregnant Workers Fairness Act, Section 504 of the Rehabilitation Act of 1973, Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Wisconsin Fair Employment Law and other applicable laws.
For further information on the University's obligation of non-discrimination, visit https://www2.ed.gov/about/offices/list/ocr/complaintintro.html
Discrimination
Intentional or unintentional conduct which adversely affects employment or educational opportunities based on a person's race, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, age, disability, genetic information, pregnancy or childbirth, marital status, military service, or any other protected status under applicable law.
Examples of conduct prohibited by this policy include but are not limited to taking any of the actions listed below based on a person's protected status:
- Denying a person access to an educational program;
- Denying salary increases and/or promotions;
- Preventing a person from participating in any activity or program or using University facilities or services; or
- Using protected class status as a motivating factor in making a decision about employment or educational opportunities.
Harassment
Unwelcome verbal, physical, electronic, or other conduct based on a person's race, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, age, disability, genetic information, pregnancy or childbirth, marital status, military service, or any other protected status under applicable law. Conduct may be harassment regardless of whether it is verbal, physical or conducted using technology.
Harassing conduct may include, but is not limited to, unwelcome comments, offensive jokes, slurs, name calling, physical assault or threats, intimidation, ridicule or mockery, insults, offensive objects or pictures, and interference with work performance.
Harassment becomes a violation of this Policy when:
- Enduring such conduct is made either explicitly or implicitly a term or a condition of an individual's employment or education, or
- The conduct is so severe or pervasive and creates a work environment that a reasonable person would consider intimidating, hostile, or abusive that it effectively denies the victim access to the University's programs or activities or unreasonably interferes with the victim's working, learning, or living environment.
I. Reporting Discrimination or Harassment
Any individual who believes they have experienced discrimination or harassment within the University should report their concerns promptly. Carroll University encourages open communication and offers several avenues for reporting, including:
- Directly to a supervisor or manager.
- To the Department of Human Resources.
- To any member of the Senior Leadership Team.
- Anonymously through the EthicsPoint Reporting Form.
Reports of discrimination or harassment may be submitted in writing or verbally. It is essential to provide as much detail as possible, including dates, times, locations, individuals involved, and a description of the incident.
Note: Anonymous reports will be accepted; however, the University's options for investigating or resolving anonymous reports may be limited.
II. Confidentiality
Carroll University is committed to maintaining confidentiality to the extent permitted by law. However, it is important to note that complete confidentiality cannot be guaranteed if the incident needs to be investigated or reported to the relevant authorities.
III. Supportive Measures
In response to a complaint of discrimination or harassment, the University will, to the extent practical based on the University's resources, provide reasonable supportive measures and resources to restore or preserve equal access to the University's education programs, activities, and employment. Supportive measures are available to assist employees and students relating to a reported matter, regardless of whether they are the complainant or respondent.
IV. Advisors
Any person who reports alleged discrimination or harassment and any person against whom such an allegation is made may be accompanied at all stages of the process described in this Policy by an advisor. Advisor means any individual who provides support, guidance, or advice to the complainant or the respondent. The role of the advisor is only to be present; the advisor will not be provided documentation or permitted to interject during any part of a meeting. If an advisor is determined to be unreasonably interfering with the investigation, they may be asked to leave.
V. Investigation
Once a complaint is received, the University will conduct a prompt, thorough, and impartial investigation. The investigation may involve interviews with the complainant, the respondent, and any witnesses.
The University will make every effort to complete the investigation within a reasonable timeframe and will notify the complainant of the status of the investigation as appropriate.
VI. Resolution
If, after the investigation, it is determined that the respondent did violate this Policy, the University will take appropriate corrective actions. If the respondent is an employee, disciplinary measures up to and including termination, remedial training, or other actions aimed at preventing further discrimination or harassment may be imposed. If the respondent is a student, disciplinary action will be imposed according to the procedures outlined in the Student Code of Conduct.
Findings will be based on a preponderance of the evidence. A preponderance of the evidence is the evidence that has the most convincing force; that is the greater weight of credible evidence. All relevant information presented will be considered. This standard of evidence essentially asks, "Is it more likely than not that our policy was violated?"
The University is committed to resolving complaints in a manner that is fair to all parties involved and in accordance with applicable laws.
VII. Request for Review
The complainant and the respondent each have the right to challenge the conclusion in the letter of finding by requesting a review by the Vice President for Campus and Community Services. A request for review must allege one or more of the following deficiencies in the investigative letter of finding:
- That an alleged material violation of this Policy occurred that resulted in a failure to conduct a reasonably thorough investigation, in which case the matter will be remanded back to the University for additional investigation;
- That new evidence exits that was not available at the time of the investigation; or
- The conclusion is clearly erroneous and not supported by the investigation.
Requests for review must be submitted to the Vice President for Campus and Community Services within five (5) business days of the issuance of the letter of finding.
The request for review must be submitted in writing, stating the basis for review and with all supporting materials attached. The request for review will be shared with all parties and the University official who issued the letter of finding for their response, if any. Responses shall be filed within five (5) class days of the parties' and the University official's receipt of the request for review.
The Vice President for Campus and Community Services will issue a final determination in writing and share it with all parties and University official.
VIII. Non-Retaliation
Carroll University strictly prohibits retaliation against any individual who makes a good faith report of discrimination or harassment or participates in the investigation process. Retaliation is a separate violation of this policy and will be treated as such.
IX. External Reporting
If an individual feels that their concerns have not been adequately addressed by the University, they may choose to contact relevant external authorities or agencies, such as the appropriate government agencies responsible for enforcing discrimination laws. Complaints may also be filed with the United States Department of Education Office for Civil Rights (https://www.ed.gov/laws-and-policy/civil-rights-laws/file-complaint) or by consulting an attorney at the person's own expense.
This Policy is not intended to inhibit or restrict academic freedom, and this Policy shall be interpreted in a manner that is consistent with Appendix A of the Faculty Manual and the 1940 Statement of Principles on Academic Freedom and Tenure, formulated by the Association of American Colleges and the American Association of University Professors
This Policy Prohibiting Discrimination and Harassment and Complaint Procedure is meant to ensure that the University remains dedicated to fostering a safe, respectful, and inclusive environment for all members of the University community. If you have any questions or need assistance with the complaint procedure, please contact Human Resources. We are committed to upholding this policy and addressing any issues that arise.