Bates > Diversity & Inclusion > Affirmative Action

Affirmative Action

The following has been taken from the Employee Handbook.

100 Statement of Community Principles

Membership in the Bates community requires that individuals hold themselves and others responsible for honorable conduct at all times. Together we create the educational and social setting that makes Bates College unique, with an atmosphere characterized by trust and mutual concern. Our actions must support our ability to work, study, live and learn together productively and safely. We are dedicated as a community to intellectual honesty and to the protection of academic freedom. We believe these values are fundamental to scholarship, teaching, and learning. We expect each other to maintain the highest integrity in all of our academic and social undertakings.

101 Diversity Statement

Bates does not discriminate on the basis of race, color, national or ethnic origin, religion, sex, sexual orientation, gender identity or gender expression, marital or parental status, age, or disability, in the recruitment and admission of its students, in the administration of its educational policies and programs, or in the recruitment and employment of its faculty and staff.

120 AFFIRMATIVE ACTION POLICY (This policy is under review and subject to change. We will be guided by these principles until the review is completed.)

The Office of Affirmative Action exists primarily to implement the College’s plans for increasing the racial/ethnic and gender diversity on campus. The Office also assists in the development of personnel policy in an effort to assure equality of opportunity. The Office may from time-to-time become involved in campus issues that affect the atmosphere for women and racial/ethnic minorities. The Office also serves to facilitate communication between Bates and the various off-campus organizations that promote such diversity. In carrying out the responsibilities stated above, the Director of Affirmative Action (DAA) will have access, when needed, to information or documents designated as confidential by the President and/or Trustees of the College or by law. This information or these documents include the College’s administrative and financial records, the College’s employee salary and fringe benefit information, employee personnel files, files of the Committees on Personnel and on Personnel for Physical Education, and student files or transcripts in the offices of the Dean of Admissions, the Dean of the College, the Dean of Students, the Registrar and Student Financial Services, and the Career Development Office.

The DAA’s access to confidential material will be in accordance with the following procedures:

The request for information will be made in writing to the College officer responsible for the maintenance and security of the confidential material. The request will be for specific material and for a specific purpose directly related to the implementation and oversight of affirmative action policies of the College as stated in this policy. If access involves a request to review evaluations of specific individuals, written permission must be secured from those individuals by the DAA and must accompany the request. If access involves a review of areas of concern or categories of personnel, the purpose and date of the review by the DAA will be noted in the files.
Access to confidential material is under the supervision of the relevant College officer. It is the joint responsibility of the DAA and the officer to assure the continuing confidentiality of the material. Material will be reviewed in the office where it normally is kept, with no duplication of files or other confidential information permitted.

120.1 The Affirmative Action Advisory Committee

The Affirmative Action Advisory Committee (AAAC) exists to provide advice to the DAA. Specifically, the AAAC identifies obstacles and barriers to equity of opportunity and rewards at Bates and makes recommendations to the DAA on methods to remove these barriers and obstacles. Additionally, the AAAC seeks to educate the campus in regards to the principles of affirmative action and equal opportunity. The AAAC also evaluates and makes regular reports on the implementation of affirmative action policy. The Affirmative Action Advisory Committee is not empowered by the College or its officers to deal with specific complaints or grievances from individuals or from groups of individuals. Members of the AAAC are appointed by the President for three-year terms. Each area of the College covered by the Affirmative Action Policy will have opportunity to nominate representatives to the AAAC. Areas of the College covered by the Affirmative Action Policy include: the Library, Admissions, Dining Services, Administrative Support Staff, the Administration, Faculty, and the Physical Plant. While students are not usually covered by the Affirmative Action Policy, students may nominate two representatives for the AAAC. Additionally, two at-large representatives will be nominated by current members of the AAAC. From this list of nominations, the current AAAC will make recommendations to the President, who has final responsibility for the appointment of members to the AAAC. The AAAC will in making its recommendations to the President consider the racial/ethnic and gender diversity of the campus.

120.2 Community Input

Any member of the Bates Community may bring an affirmative action concern to the attention of the AAAC by submitting a written statement to the DAA. Any member of the AAAC may bring an area of affirmative action concern to the attention of the full Committee.

14120.3 Policies

Wherever reference is herein made to policies, practices, manuals, rules, regulations, or the like, the reference will be deemed to denote such elements as may at the relevant time be in effect, and no such references will be deemed to preclude changes, replacements, etc., in such elements in effect as of the date of this document.

121 NON-DISCRMINATION POLICY

The Non-Discrimination policy applies to all Bates College faculty, staff, students, College contractors, and visitors. Bates College is committed to providing equal opportunity and an educational and work environment free from any discrimination on the basis of race, color, religion, national or ethnic origin, religion, sex, sexual orientation, gender identity or gender expression, marital or parental status, age, disability, genetic information or veteran status. Bates College shall adhere to all applicable state and federal equal opportunity laws and regulations. Note: “sexual orientation, gender identity, and/or gender expression” shall have the same meaning as the term “sexual orientation” as defined in the Maine Human Rights Act, as amended.

The College is dedicated to ensuring access, fairness and equity for all persons in its educational programs, related activities and employment, including those groups who have faced historical barriers to full and fair integration and participation. Bates College maintains a continuing commitment to identify and eliminate discriminatory practices in every phase of College operations.

Retaliation against an individual who has raised claims of illegal discrimination or has cooperated with an investigation of such claims is prohibited.

122 SEXUAL HARASSMENT POLICY

The Sexual Harassment policy applies to all Bates College faculty, staff, students, College contractors, and visitors. It is the policy of Bates College to provide an academic and work environment free from sexual harassment. Sexual harassment is contrary to the standards and mission of the College. Sexual harassment is illegal and will not be tolerated. Each member of the College community has a responsibility to maintain an academic and work environment free from sexual harassment. The College will take corrective action necessary to prevent, stop, address, or discipline harassing behavior.

The Office of Equity and Diversity Resources is responsible for administering and monitoring Bates College’s sexual harassment policies and procedures. Inquiries about or complaints alleging violation of the College’s policies should be directed to the Office of Equity and Diversity Resources.

122.1 Definitions

Sexual harassment is defined by law as unwelcome advances of a sexual nature, requests for sexual favors, and other verbal, physical, or other form of expressive communication of a sexual nature, as well as conduct of a non- sexual nature based upon an employee’s gender that is intimidating, hostile or offensive, when submission to or rejection of such conduct is used as a basis for employment or academic decisions, or such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or sexually offensive work or academic environment. Examples of behavior that may be considered sexual harassment include, but are not limited to, the following:

Sexual Assault
Explicitly or implicitly requiring submission to sexual advances as a condition or term of education or employment, i.e., grades, employment, promotion, letters of recommendations or other privileges
Repetitive sexual comments, questions, jokes, gestures or other forms of sexual explicit expression
Unwelcome sexual advances
Suggestive or lewd remarks
Unwanted hugs, touches, or kisses
Requests for sexual favors
Retaliation for complaining about sexual harassment

122.2 Management Responsibility

All managerial and supervisory employees are responsible for creating a working environment free of harassment and discrimination. Should a supervisor or manager become aware of harassing conduct, it is the responsibility of the manager or supervisor to report it to the Office of Equity and Diversity and, in consultation with the Human Resources Department, to take prompt steps to address the situation.

122.3 Employee Responsibility

Any student, faculty member, or staff employee, who believes he or she is the victim of sexual harassment, should report the incident promptly in the manner most comfortable to him or her. All administrators, faculty members, and supervisors are aware of their responsibility to assist students, other faculty, and staff employees in reporting alleged incidents of sexual harassment to the Office of Equity and Diversity. Any employee who becomes aware of sexual harassment or other potentially discriminatory behavior must contact the Office of Equity and Diversity.

122.4 Retaliation Prohibited

Retaliation against an individual who has raised claims of harassment or discrimination or has cooperated with an investigation of such claims is prohibited.

122.5 Investigation of Complaint

Employees are required to fully cooperate in all investigations of harassment. If warranted by the investigation, disciplinary action may be taken against the employee found to have engaged in harassment.

Complaints of unlawful harassment may also be filed with the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333-0051.

123 NON-DISCRIMINATION GRIEVANCE PROCEDURE (This policy is under review and subject to change. We will be guided by these principles until the review is completed.)

Procedures for Charges of Discrimination

The exercise of seeking advice and information is entirely voluntary and is not a prerequisite to making a formal complaint either within the College or with the Maine Human Rights Commission. Grievants who choose to file a complaint directly with the Maine Human Rights Commission must do so within 180 days (6 months) of the alleged incident(s) of discrimination. Grievants who seek informal resolution of cases of discrimination may do so in either of the following ways:

a) Voluntary Informal Consultation There are many channels within the Bates Community available for the informal resolution of incidents of discrimination. The College recommends contact with any campus support personnel who are knowledgeable about the possible avenues of resolution of discrimination claims. When in doubt, the Affirmative Action Officer is a reliable, confidential and supportive source of information. Others who may assist in directing inquires in the process include the Health Center staff, the chaplains, immediate supervisors, resident coordinators and junior advisors, members of the Faculty, the Office of the Director of Human Resources, the Office of the Deans of Students and the Office of the Dean of Faculty. Consultations may be brought in full confidentiality; no written record is to be maintained when an informal consultation is made.

If individual action or discussion through informal resolution does not resolve the problem, grievants may, either in the company of a trusted person or alone, talk privately with the Director of Affirmative Action regarding other steps.

b) Complaints The Director of Affirmative Action is the primary agency to receive all complaints. If students are involved, the individuals may initially elect to discuss a complaint with one of the Deans of Students; a Faculty member may initially discuss a complaint with the Dean of Faculty; or a staff member may initially discuss a complaint with the Director of Human Resources. In each case, however, the subsequent step, if not the initial step, should be with the Director of Affirmative Action.

There are two forms of complaints:

Informal Complaints The Director of Affirmative Action may provide suggestions for resolution, help in mediating differences in views, or other channels for resolution involving skills or suggestions of others.
Formal Complaints The grievant may institute formal grievance proceedings whether or not the Director of Affirmative Action can effect a resolution. Grievants can elect to pursue any or all options, including: making a written complaint within the College’s procedures, initiating a complaint to an agency outside of the College (e.g., to the Maine Human Rights Commission), if appropriate, pursing criminal charges within the criminal justice system, or pursuing civil action within the court system. The Director of Affirmative Action will explain the elements of each process. Within the College, a written complaint is needed to initiate formal grievance procedures.

c) College Formal Grievance Procedures

Section I

(a) Formal grievance procedures shall be available to faculty members, employees, and students of Bates College, except where students are named as accused parties. In such cases, the matter shall be heard by the Committee on Student Conduct. The procedures herein shall not apply to grievances in regard to appointment, reappointment, tenure, or promotion of faculty members as these matters are governed by Article VI of the Personnel Rules and Procedures contained in the Faculty Handbook of Bates College. The procedures herein shall be further limited to cases of improper discrimination, sexual harassment, or sexual assault. Improper discrimination shall be defined as acts in violation of applicable non-discrimination laws or the non-discrimination policy which appears in the official publications of Bates College.

(b) The sole purpose of a hearing under formal grievance procedures is to determine if improper discrimination, sexual harassment, or sexual assault has occurred. A hearing board shall have no authority to invoke sanctions for improper behavior. The report of the hearing board shall be given to the President of the College for any further action.

Section II

(a) Nothing stated herein shall be construed to prevent several complainants, in the appropriate case, from joining in a single complaint. The word “complainant,” as used herein, shall refer to any person who files a complaint or to any group of persons who together file a single complaint. The word “respondent,” as used herein, shall refer to any party or parties accused in the same complaint and who will be heard in the same hearing

(b) The complainant shall file a formal complaint in writing with the Director of Affirmative Action or the Director of Human Resources. Upon receipt of the complaint, the Director of Affirmative Action or the Director of Human Resources shall immediately inform the respondent in writing and provide the respondent with a copy of the complaint.

(c) In cases of multiple complainants or multiple respondents, where any individual complainant or respondent claims that his or her complaint or defense would otherwise be compromised, that party may submit a request in writing to the Director of Affirmative Action and the Director of Human Resources for a separate hearing. The Director of Affirmative Action and the Director of Human Resources shall make a decision on such a request prior to submitting a request to the President for a hearing board and shall notify all parties in writing of that decision. In appropriate cases, the Director of Affirmative Action and the Director of Human Resources may require multiple complainants to join in a single complaint.

(d) The Director of Affirmative Action and the Director of Human Resources together shall determine whether the complaint on its face states facts which, if true, allege a claim of improper discrimination, as defined in applicable non-discrimination laws or the College’s non-discrimination policy, or of sexual harassment or sexual assault. If so, the matter may proceed to a hearing; if not, the complaint shall be returned to the complainant, and no further action shall be taken unless an amended complaint is filed in accordance with Section II (b).

(e) The Director of Affirmative Action and the Director of Human Resources shall make their decision whether to refer the complaint to the President with a request to form a hearing board within 7 days of receipt of the complaint, unless circumstances require a longer time, in which event, they shall inform the President and all parties in writing. Once a decision is made to refer the complaint to a hearing board, all parties shall be informed in writing of the action taken.

Section III

(a) The Director of Affirmative Action and the Director of Human Resources, having concluded that the complaint states a claim under standards contained in Section II (d), shall provide the President of the College with a copy of the complaint and request that the President form a hearing board. At this point, no further amendments to the complaint shall be permitted.

(b) The complainant and the respondent may each designate two members of the hearing board. The President shall choose two additional members, and a majority of the six members thus chosen shall choose a seventh member to act as chair of the board. Board members shall be selected from the then current faculty or staff of Bates College. The word “staff,” as used herein, shall not include student employees. If either the complainant or respondent neglects or refuses to designate members of the hearing board, the President shall choose them. Once the hearing board is established, the President shall give a copy of the complaint to the hearing board and shall inform all parties in writing of the composition of the board.

(c) A hearing board shall be formed within 7 days from the date on which the Director of Affirmative Action and the Director of Human Resources inform the President of the need for a hearing. If, in exceptional circumstances, more time is necessary to form the hearing board, the President shall inform all parties in writing.

Section IV

(a) The complainant shall, within 7 days of being notified of the formation of a hearing board, file with that board all documents and other tangible evidence available to the complainant which will be used in the hearing in support of the complaint and a list of all witnesses whom the complainant wishes to testify at the hearing in support of the complaint. Upon receipt, the chair of the hearing board shall make these materials available to the respondent.

(b) Within 21 days of receipt of such materials, the respondent shall file with the hearing board a written response to the charges made in the complaint, together with all documents and other tangible evidence available to the respondent which will be used in the hearing in support of any defense against the complaint and a list of all witnesses whom the respondent wishes to testify at the hearing in support of any defense against the complaint. Upon receipt, the chair of the hearing board shall make these materials available to the complainant.

(c) The chair of the hearing board shall notify in writing all witnesses of the need for their testimony at the hearing. It is the responsibility of any member of the Bates College community who has information relevant to an issue before the hearing board to testify at the hearing or to produce documents or other tangible evidence at the request of the chair of the hearing board.

(d) Failure, without adequate justification, to produce documents or other tangible evidence or to testify at the hearing by anyone requested to do so by the chair of the hearing board shall be reported to the President for any action he or she deems appropriate. In the event that either the complainant or the respondent shall fail, without adequate justification, to produce documents or other tangible evidence or to testify at the hearing when requested to do so by the chair of the hearing board, the hearing board may report to the President that it is unable to make a decision in the matter, and the President may take whatever action he or she deems appropriate.

(e) After the hearing board has received evidence and witness lists from the parties, it will determine whether any additional documents, other tangible evidence, or testimony may reasonably be necessary to a determination of the facts at issue and may require any such documents or other tangible evidence from the complainant or respondent and may require documents or other tangible evidence or testimony from any third party, within or without Bates College. A determination that further evidence is necessary may be based on a request by the complainant or respondent. Should any additional documents or other tangible evidence be produced, they shall be made available to all parties. All parties shall be informed in writing of any witnesses identified by the hearing board who will testify at the hearing in addition to those already listed in the witness lists of the parties. The chair of the hearing board shall determine the date by which all evidence and all witness lists required by the hearing board shall be presented to the hearing board.

(f) Once all documents, other tangible evidence, and all witness lists have been made available to all parties, no additions to any witness list, and no additional documents or other tangible evidence shall be considered except by a decision by the chair confirmed by a majority vote of the hearing board.

(g) A hearing on the complaint shall commence no sooner than 7 nor later than 10 days after all documents, other tangible evidence, and all witness lists have been made available to all parties. The chair of the hearing board shall have the authority to alter these time limits if necessary and shall notify all parties in writing of a decision to do so.

Section V

(a) The chair of the hearing board, subject only to being overruled by a majority of the board, shall rule on all questions of evidence and procedure and may make such other rules and decisions, not provided for in these procedures, as are necessary to conduct the hearing fairly and expeditiously. This includes decisions on requests from complainants and respondents for separate hearings which arise after the hearing board is formed. Only evidence that a reasonable person would rely on to make judgements in serious matters shall be admitted and be considered by the hearing board in making its findings and conclusions.

(b) The complainant and respondent may have the assistance of an attorney during the hearing; however, the role of the attorney shall be limited to observing the hearing and offering advice to the party represented. The hearing board may have the assistance of College Counsel.

(c) The members of the hearing board shall maintain the confidentiality of all aspects of the complaint, response, hearing, evidence, and its deliberations. The hearing shall be private. Only members of the hearing board, parties, attorneys, and witnesses while testifying may be present. The hearing board may exclude all but its members in order to deliberate on its findings and conclusions.

(d) The board shall allow a reasonable time for opening and closing statements by the complainant and respondent. Each party at the hearing shall have opportunity to pose questions to all witnesses. This shall be done either directly or through the chair, at the discretion of the chair.

(e) The hearing shall be electronically recorded, except that the private and confidential deliberations of the hearing board shall not be recorded. The President shall have custody of the recording and may, in his or her discretion, have a transcript made of the recording after the completion of the hearing.

Section VI

(a) The hearing board shall make specific findings of fact. The burden of proof shall be on the complainant, and the board shall make findings and conclusions in regard to the allegations in the complaint only when a majority of the board is convinced that those findings and conclusions are supported by a preponderance of the evidence.

(b) After reaching its findings and conclusions, the board shall report them in writing, within a reasonable time, to the President of the College, the complainant, and the respondent. The President shall make a brief announcement of the nature of the complaint and the findings of the hearing board to the Bates College community without mention of the names of parties or other participants. The President shall, within his or her discretion, determine what, if any, further action he or she will take in response to the report of the hearing board. The President shall commence any such action within 7 days of delivery of the report unless he or she deems some other period appropriate, in which case, the President shall inform all parties in writing.

(c) In accordance with Article V, Section 2 of the By-Laws of Bates College, the complainant and respondent may, in appropriate cases, seek indemnification from the College for reasonable attorneys’ fees incurred for purposes of the hearing.

Section VII

The existence of these grievance procedures in no way precludes the College from taking immediate action to maintain the safety of the College community or individual members thereof.