Non-Discrimination, Non-Harassment, and Non-Retaliation

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Applies To: Faculty, Staff, Students, Visitors

Responsible Office: VP, Strategic Initiatives & Organizational Effectiveness / Chief of Staff

Related Documents: Student Conduct; Non-Discrimination Statement; Procedures for Addressing Title IX Sexual Harassment Reports; Title IX Sexual Harassment

Policy Statement

Mitchell Hamline School of Law will not tolerate discrimination, harassment, retaliation, or hate crimes based on protected class status under applicable federal and/or State of Minnesota or other applicable law. This policy applies to Non-Title IX Sexual Misconduct or Sexual Misconduct that occurs outside of the United States.

I. POLICY PURPOSE AND PROHIBITED CONDUCT

A. Policy Purpose

Mitchell Hamline’s mission is “To provide a rigorous legal education through broad access and support for students’ holistic growth, and to build practice-ready professionals with passion for law and justice.” Acts of discrimination, harassment, retaliation, or hate crimes designed to silence, stigmatize, marginalize, or exclude any individual based on their inclusion in a protected class under applicable federal and/or State of Minnesota or other applicable law as identified below are incompatible with the Law School’s mission.

Mitchell Hamline School of Law will not tolerate discrimination, harassment, retaliation, or hate crimes based on race; color; religion; creed; sex; sexual orientation; gender expression; gender identity; ethnicity or national origin; marital status; familial status; status with regard to public assistance; service with a local human rights commission; disability; age; or protected veteran status in its employment or educational opportunities. This policy applies to and protects all individuals on the basis of all classes protected under applicable federal law and the laws of the State of Minnesota or other applicable law.

This policy is intended to prevent such discrimination or harassment, if possible, and to address and remedy any covered discrimination or harassment that does occur, firmly, fairly, and promptly. In addition, retaliation for bringing a report in good faith or participating in any investigation or proceeding under this policy will not be tolerated and will be independent grounds for academic or employment discipline or discharge.

This policy applies to all Mitchell Hamline community members, including students, faculty, staff, volunteers, vendors, independent contractors, visitors, and any individuals regularly or temporarily employed, studying, visiting, conducting business, or having any official capacity with Mitchell Hamline School of Law to the extent that the conduct or issue occurs in connection with a Mitchell Hamline education or employment program or participation in a School program or activity. For purposes of this policy, all Mitchell Hamline community members who are not employees or students are collectively referred to as “visitors”. Mitchell Hamline reserves the right to pursue any avenue of investigation and redress available.

Nothing contained in this policy limits any rights of Mitchell Hamline School of Law or in any way restricts Mitchell Hamline School of Law from investigating any claim or concern that may fall under the prohibitions identified in this policy, regardless of whether a report is made under this policy. The Law School in its discretion can take immediate interim remedial action in appropriate circumstances. Nothing in this policy precludes an individual or the Law School from communicating with a local, state, or federal criminal authority or human rights agency.

B. Discrimination Defined and Prohibited

It shall be a violation of this policy, as an act of Discrimination, for any Mitchell Hamline employee, student, or visitor to make an adverse decision against a Mitchell Hamline employee or student with respect to any employment or educational opportunity on the basis of race; color; religion; creed; sex; sexual orientation; gender expression; gender identity; national origin; marital status; familial status; status with regard to public assistance; service with a local human rights commission; disability; age; protected veteran status; or any other protected class status under applicable state or federal law.

C. Harassment Defined and Prohibited

It shall be a violation of this policy for any Mitchell Hamline employee, student, or visitor in connection with Mitchell Hamline employment or educational opportunity to harass any Mitchell Hamline employee or student on the basis of their race, color, religion, creed, sex, sexual orientation, gender expression, gender identity, national origin, marital status, familial status, status with regard to public assistance, service with local human rights commission, disability, age, protected veteran status, or any other protected class status under applicable state or federal law.

Harassment is unwelcome verbal, written, visual, physical, electronic, or other conduct based on an individual's actual or perceived protected class status that is sufficiently severe, persistent, or pervasive to interfere with an individual's Mitchell Hamline education or employment program or participation in a School program or activity, or to create an intimidating, hostile, or offensive working or learning environment. Expressing controversial or unpopular ideas does not alone constitute harassment.

  • Whether conduct constitutes harassment depends on the totality of the circumstances. Relevant considerations may include the nature, frequency, severity, and duration of the conduct; whether it is physically threatening or humiliating; the relationship between the individuals involved; the context in which it occurred; and its effect on the individual's working or learning environment.
  • Petty slights, annoyances, isolated incidents, disagreements, or expression of controversial or unpopular views ordinarily do not constitute harassment unless the circumstances are sufficiently serious to meet the standard above.
  • Examples of conduct that may constitute harassment when based on a protected class status include:
  • slurs, epithets, derogatory comments, or insults;
  • threatening or intimidating conduct;
  • offensive jokes, images, symbols, written material, or electronic communications;
  • ridicule, mockery, or repeated demeaning comments;
  • physical interference, threats, or assault; and
  • other verbal, visual, written, electronic, or physical conduct that meets the standard described above.

D. Hate Crimes Defined and Prohibited

Hate Crimes are criminal acts—or attempted criminal acts—against an individual or group of individuals because of their actual or perceived inclusion in a protected class under applicable state or federal law. The Minnesota Legislature has determined that, if certain crimes within the state are perpetrated because the victim falls within a protected class, then the perpetrator will face heightened penalties. Hate Crimes under state law include Crimes in three specific groupings: criminal damage to property, assault, and harassment/stalking. A Hate Crime is both a violation of law and a violation of campus policy.

E. Retaliation Defined and Prohibited

It shall be a violation of this policy to retaliate against anyone who, in good faith, has brought forward a report pursuant to this policy, provided testimony, or otherwise participated in the review conducted under this policy. Retaliatory acts may include, but are not limited to, adverse changes in employment status or opportunities; adverse academic action; adverse changes to academic, educational, and extra-curricular opportunities; harassment or intimidation; acts or comments intended to embarrass the individual; or seeking out or attempting to discover the Parties and witnesses involved in a report for the purpose of influencing their participation or statements or taking adverse action against them. Retaliation may be found even when an underlying Report made in good faith was not substantiated. Retaliation is prohibited regardless of whether it occurs on or off campus, in person, or through social media, e-mail, or other forms of communication. People who feel that they have been retaliated against should immediately contact the Designated Official. Speech protected by the First Amendment does not constitute retaliation. Notwithstanding, disciplinary actions taken by Mitchell Hamline School of Law in response to an individual making a materially false statement do not constitute retaliation.

F. Defined Policy Terms

  1. “Advisor” means a person who serves to support a Reporting Party or Responding Party in connection with and on the terms set forth in this policy. The Advisor may be internal or external to the law school. The Advisor is not considered a Party. The Advisor may not direct communications to the Law School or another Party, except as provided under these procedures, and may not interfere with the procedures under this policy.
  2. "Reporting Party” means a person (or persons) who allege(s) discrimination, harassment, retaliation, or hate crimes under this policy.
  3. “Report” means an allegation of discrimination, harassment, retaliation, or hate crimes under this policy made to the Designated Official.
  4. “Confidentiality” means that the Reporting Party and Responding Party or Investigator shall not reveal or provide any information about a Report or the review under this policy to anyone not directly involved in the review except as this policy or legal rights may allow. Nothing in this policy prohibits an individual from communicating with a local, state, or federal criminal authority or human rights agency. Confidentiality by the Designated Official and the law school administration will be maintained as is reasonable and appropriate but cannot be guaranteed. Advisors shall not have communication concerning the Report with anyone outside of the presence of their advisees.
  5. "Days" when used in a relationship to time limits means working days (not calendar days), unless otherwise specified.
  6. “Designated Official” means the Assistant Vice President (AVP) for Human Resources or the Dean of Students or their designees. If a Report is brought against either the AVP for Human Resources or the Dean of Students, or if a factual basis exists supporting a claim of bias or conflict of interest, the other individual shall assume the role of Designated Official.
  7. “Investigator” means the individual that may be selected by the Designated Official to conduct an investigation of the Report.
  8. “Parties” means the Reporting Party(s), the Responding Party(s), and, where the Chief of Staff deems it warranted, a designee of the Chief of Staff (such as in certain cases where a Reporting Party is unwilling or unable to move forward with a report). Legal counsel, internal or external, may at any time participate in the review under this policy.
  9. "Responding Party" means a person (or persons) against whom discrimination, harassment, retaliation, or hate crimes under this policy is alleged.

II. DESIGNATED OFFICIAL

Responsibility for implementation of this policy shall rest with the AVP for Human Resources, or their designee, who shall serve as the Designated Official for matters in which the responding party is a faculty member, staff member, or campus visitor. The Dean of Students or their designee shall serve as the Designated Official with responsibility for implementation of this policy when the responding party is a student.

The Designated Official will determine the applicability of this policy. The Designated Official will review the Report to determine whether to apply this policy or another Mitchell Hamline policy. Similarly, the Designated Official may determine that the Report will be deferred pending the outcome of proceedings under another policy or deferred pending the resolution of the processes of another forum, or for any other reason. (See Section III.A)

The Designated Official is responsible for the proper implementation of the Report and investigation procedure under this policy. An exception to the delegation to the Designated Official will occur when: (1) a Report is brought by or against the Designated Official; (2) the Designated Official has a personal friendship that extends to interaction outside of the law school setting or a familial or external professional relationship with the Reporting Party or Responding Party; or (3) the Reporting Party or Responding Party provides notification and factual basis supporting a claim of bias or conflict of interest on the part of the Designated Official. These reports are to be turned into the alternate Designated Official (Dean of Students for employees and AVP for Human Resources for students) within five (5) days of making or receiving notice, respectively, of a Report, and the alternate designated official determines that the AVP for Human Resources or the Dean of Students will not serve in the role of Designated Official for the review at issue.

No one shall be permitted to serve as an Investigator or as a decision maker regarding an alleged policy violation or any sanction for such if the Report is made against that person or if the person has a personal friendship that extends to interaction outside of the law school setting or a familial or external professional relationship with the Reporting Party or Responding Party. Under such circumstances involving a decision maker under this policy, the Designated Official shall consult with the AVP of Human Resources in the identification of an alternate. The Parties to the Report may obtain from the Designated Official at any time the names of any Investigator assigned to a Report.

III. REVIEWS UNDER THIS POLICY

A. Delegation or Deferral of Reports to Other Policies or Forums

The Designated Official will determine the applicability of this policy. The Designated Official will review the Report to determine whether to apply this policy or another Mitchell Hamline policy. Similarly, the Designated Official may determine that the Report will be deferred pending the outcome of proceedings under another policy or deferred pending the resolution of the processes of another forum, or for any other reason. By way of example only,

  • Reports or reports determined to allege sexual harassment, as defined under the Title IX Sexual Harassment policy, will be reviewed under that policy.
  • Reports under this policy where the Responding Party(s) is a student may be delegated to the Student Conduct Code.
  • Reports where a Reporting Party has filed, has threatened or anticipated to file, a legal action, report or charge in any court of law or with any administrative agency, including, for example, with the Office for Civil Rights, Minnesota Department of Human Rights or the Equal Employment Opportunity Commission, may be deferred pending the outcome of those proceedings or delegated to the General Counsel or designee.

The Designated Official may determine at any time and at any stage of the process that a report should be delegated or deferred. The determination as to whether a report is delegated or deferred in favor of another policy or forum lies wholly in the sole discretion of the Designated Official. If the Designated Official determines that a Report is to be delegated to a process under another Law School policy, the Designated Official will notify the Parties and the review under this policy will terminate.

In the event that the Designated Official determines that a Report is to be deferred pending a process under another Law School policy or another forum, the Designated Official will notify the Parties. All applicable law school processes and timelines will be stayed until the deferral is removed unless the Designated Official otherwise notifies the Parties. If the deferral is removed, all law school timelines will commence upon the date of the Designated Official’s written notification that the deferral has been removed, and the Report is eligible to move forward. Filing a Report under this policy does not preclude the individual from filing a report with an external agency or in another forum.

B. Failure to State a Claim or Bad Faith Reports

The Designated Official shall review a Report made under this policy to determine if the facts alleged, if true, would not establish a violation of this policy that would warrant further review. For Reports asserted anonymously, the Designated Official also shall determine whether the facts alleged are able to be verified. Should the Designated Official determine that the Report would not give rise to a policy violation, or the underlying facts are unable to be verified due to the Reporting Party’s anonymity, the Designated Official may determine that the Report does not state a claim that warrants further review and the review under this policy will terminate. Depending on the nature of the allegations or circumstances giving rise to the issue, however, the Designated Official may move forward with these procedures even where a Reporting Party chooses to remain anonymous.

The Designated Official also shall review a formal Report to assess whether, on its face, the Report has been brought in good faith. Should the Designated Official determine that the Report is made in bad faith, the Report may still be reviewed on its merit because the Law School reserves all rights to investigate and address the facts underlying both the Report and the making of the Report.

C. Report Initiation

All allegations must be forwarded by the Reporting Party to the Designated Official to put the Law School on notice of a Report under this policy. Written Reports that are signed and dated are preferred. A written report may be submitted via email.

Oral reports will also be accepted by the Designated Official. In accepting an oral report, the Designated Official will gather the information required by the report form, prepare a written Report, and request that the Reporting Party sign the document so prepared. A Reporting Party who chooses not to sign the document may adversely impact the Law School’s ability to investigate and address the Report. Reports may be submitted anonymously, although this may adversely affect the Law School's ability to investigate and address the Report. All documents relevant to the Report must be provided by the Reporting Party to the Designated Official at the time the Report is initiated. Failure or refusal to provide complete information pursuant to this policy may compromise the process or result in the Designated Official’s decision to terminate the process at any point.

Reviews under this policy will be taken seriously and could have significant consequences for any person found to be in violation of the policy.

Reports Must Be Received by the Designated Official to Put the Law School on Notice

Reports or information received by individuals in the Law School other than the Designated Official which implicate this policy may be addressed as the Law School deems appropriate, but do not put the Law School on notice of a Report under this policy. As an example, addressing a concern with a colleague, supervisor, or academic advisor does not serve to initiate a Report under this policy or provide notice to the Law School of a Report.

D. Report Procedure

Mitchell Hamline School of Law encourages prompt reporting of concerns so that rapid and constructive action can be taken before relationships become irreparably strained. Therefore, while no fixed reporting period has been established, early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of discrimination, harassment, retaliation, or hate crimes based on protected class.

If you believe that you are the victim of a Hate Crime or have been physically threatened, or if you believe you have witnessed a Hate Crime or have witnessed someone being physically threatened, whether on or off campus, in addition to reporting to the Designated Official, call 911 or Campus Security. You may make this call anonymously. Campus Security is available by calling 651-290-6330.

E. Resolution

Under Minnesota state law (Minn. Stat. § 135A.15), reports of Sex Discrimination and Non-Title IX Sexual Harassment may be facilitated through a live hearing at the request of either the Reporting or Responding party. Such a hearing will follow the process outlined in the Procedures for Addressing Title IX Sexual Harassment Complaints (referenced above).

Retaliation against an individual for, in good faith, reporting Harassment or Discrimination or for participating in an investigation of a report of Harassment or Discrimination is a serious violation of this policy and, like Harassment or Discrimination itself, will be subject to disciplinary action. Acts of Retaliation should be reported to the Designated Official immediately and will be promptly investigated and/or addressed.

Mitchell Hamline School of Law will maintain confidentiality throughout the process to the extent consistent with adequate investigation and appropriate corrective action.

Reports of discrimination, harassment, retaliation, and/or hate crimes involving student respondents shall be guided and conducted in accordance with the Student Code of Conduct.

Reports involving employee respondents and visitors: Any reported allegations of discrimination, harassment, retaliation, or hate crimes by employees or visitors will be investigated promptly. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge.

Misconduct constituting Harassment, Discrimination, or Retaliation will be addressed appropriately. For employees, responsive action may include training, referral to counseling, or employee disciplinary measures such as a warning, reprimand, withholding of a promotion or pay increase, reassignment, temporary suspension without pay, or termination warranted by the circumstances and determined in accordance with applicable due process requirements. For staff, such determinations will be made by the employee’s supervisor in collaboration with the Assistant Vice President for Human Resources. For faculty, determinations will be made by the Chief of Staff or designee, in accordance with applicable faculty policies, handbooks.

Employee respondents shall be informed in writing about the allegations made against them and shall be offered the opportunity during the process of investigation to provide information to the investigator.

During the investigation, the Parties may request a voluntary informal resolution of the Report. Voluntary resolution may only proceed with the mutual written consent of both Parties. The Designated Official, however, may decide to forgo pursuing a voluntary resolution, even when it is requested by the Parties, and proceed with an investigation.

Once the investigator has completed and submitted a written fact-finding report the fact-finding report will be provided to the responding party, and offer them:

1. The opportunity to provide additional information to the investigator;

2. A fact-finding hearing in which witnesses can be called and evidence offered regarding the findings of the report;

3. A neutral fact-finder who has not been involved in the case, including as a witness or investigator;

4. The opportunity for the reporting party(ies) and the responding party(ies) to be represented by legal counsel at their own expense; and

5. A written decision based on the record.

The employee respondent has the right to appeal a written decision to the Chief of Staff or designee.

False or malicious Reports of Harassment, Discrimination, or Retaliation (as opposed to Reports that, even if erroneous, are made in good faith) may be the subject of appropriate disciplinary action.

IV. Alternative Complaint Procedures

These procedures do not deny the right of any individual to pursue other avenues of recourse which may include, but are not limited to, contacting the following agencies:

Equal Employment Opportunity Commission

1-800-669-4000

info@eeoc.gov

U.S. Department of Education Office for Civil Rights

1-800-421-3481

ocr@ed.gov

V. RECORD KEEPING

The Designated Official will maintain all files and records created in connection with a report under these reviews for at least one year beyond the employee respondent’s termination date. Apart from documented remedial measures, these files will be kept separate from regular student and employment files. Investigators and decision makers in subsequent investigations of other cases involving any of the same parties may obtain these records. The Law School affirms its right to use these records in any kind of administrative, investigative, governmental, or judicial proceedings in which they are relevant or necessary.

Disclaimer

Mitchell Hamline policies are for informational purposes and to set expectations and do not constitute a contract, either express or implied, with any employee, student, or third party. Subject to applicable law, Mitchell Hamline reserves the right to amend, modify, or terminate any of the policies or procedures described herein, in whole or in part, at any time, with or without prior notice, at its sole discretion. Mitchell Hamline also may choose not to apply a policy in certain circumstances if it determines a different course of action is more appropriate.