Policies Bias, Harassment and Discrimination Policies and Procedures

Bias-related incidents refer to language, images or behaviors that demonstrate bias against another person based on but not limited to his or her membership in a group, based on race, ethnicity, national origin, sex, gender identity or expression, sexual orientation, disability, age, religion, or an individual’s particular characteristics, role, or behavior.

Expression of ideas or points of view that may be offensive or inflammatory to some may not necessarily be a bias-related incident. The college values freedom of expression and the open exchange of ideas. This value of openness protects controversial ideas, but it does not protect harassment or expression of bias or harassment aimed at individuals that violate college policy.

Behaviors that harm (whether intentionally or unintentionally) an individual based upon their membership in a group listed above or have the purpose or effect of unreasonably or substantially interfering with an individual’s safety and security by creating an intimidating, hostile, or demeaning environment for education, work, or other activity authorized by the college may be harassment. Depending upon the severity or pervasiveness of the action, harassment could occur as a result of one act or may result from a series of acts that create a hostile environment.

Discrimination refers to specific conduct prohibited by law that unfairly treats people differently because of their characteristic or perceived characteristics that the law deems to be unrelated to merit. Harassment can be a form of discrimination as it can have the effect of unfairly exlcuding a person from their ability to fully participate in their educational or employment experience. Unlawful discrimination often results from bias. Bias-related incidents, however, do not always result in unfair treatment that violates nondiscrimination laws.

Unlawful sexual misconduct is a broad and overarching term used to identify the conduct that constitutes a form of sex discrimination which violates federal and state law, including Title VII of the Civil Rights Act of 1964; Title IX; Education Amendments of 1972, CA Senate Bill 493 2020, and college policy. Unlawful sexual misconduct covers a range of sexual acts committed by one person against another by use of coercion or intimidation or when the individual does not otherwise provide consent or is incapable of providing consent for reasons of age, unconsciousness, mental impairment, or ingestion of drugs, alcohol or other substance. All unlawful sexual misconduct is prohibited and includes, but is not limited to sexual harassment, sexual violence, domestic violence, dating violence, sexual assault, stalking, and sexual exploitation. Unlawful sexual misconduct may be categorized as a Title IX complaint depending on the facts of the situation. If so, it is adjudicated under the Unlawful Sexual Misconduct Policies and Procedures. If not, it is adjudicated under the college’s Bias, Harassment and Discrimination Policy. Definitions pertaining to sexual miscoduct in the Unlawful Sexual Misconduct Policies and Procedures will be used regardless of which policy is used for adjudication.

If you are not sure if you experienced a bias-related incident or harassment and/or would like to discuss the incident, please contact one of the following:

• Office of Student Life (805) 565-6028

• Intercultural Programs (805) 565-6125

• Counseling and Psychological Services (805) 565-6003

• Campus Pastor’s Office (805) 565-6170

• A trusted faculty or staff member (Some faculty and staff are considered Report Recipients and therefore are required to report information to the Compliance Officer. See Report Recipients list in this policy.)

The college encourages the prompt reporting of harassment, discrimination or bias-related incidents covered under this policy for resolution in accordance with the procedures as described here. Reports may be made by the individual who experiences harassment, discrimination or a bias-related incident or by someone who has a concern that possible harassment, discrimination or bias-related incident involving a student, faculty, staff member, prospective student or applicant has occured.

Reports to the college can be made at any time by using the on-line Bias Incident Reporting Form. Reports submitted through the Bias Incident Reporting Form go directly to the Compliance Officer. Alternatively, a report may be given directly (in person, telephone, mail, or  email) to any individual listed in the section below titled, “Report Recipients.”  The Compliance Officer (Dr. Edee Schulze, eschulze@westmont.edu) must be contacted promptly by a Report Recipient. Emergencies may be reported to Campus Safety anytime by contacting (805) 565-6222 or the On Call Resident Director at (805) 565-6273 (OCRD).

If a member of the Westmont community has a concern or has become aware of an instance of possible harassment, discrimination or a bias-related incident involving a student, faculty or staff member, sharing information about such an incident potentially covered under this policy with any of the following Report Recipients² is considered reporting it to the college and will initiate the college’s response and resolution process under this Policy³:

• Resident Directors

• Resident Assistants

• Student Life Deans

• Faculty department chairs

• Student Life Directors and Coordinators

• Assistant Vice President and Associate Director of Human Resources

• Faculty, adjunct faculty, instructors or lecturers

• Laboratory directors, coordinators, or principal investigators

• Internship or externship directors or coordinators

• College employee supervisors

• Athletic Director, Associate Athletic Director, Assistant Athletic Director, Coaches 

• Directors of Off Campus Programs

• Director of Institutional Resilience (Title IX Deputy)

• Title IX Coordinator

• Vice Presidents

• Provost and Dean of the Faculty

• President

What you can Expect from the College 

• Meet with you promptly

• Treat you and your concern with respect and sensitivity

• Discuss your options

• Provide campus and community resources and support

• Request class, work or residence hall adjustments during the investigation and decision-making process

• Communicate information as appropriate

• Gather and preserve evidence

• Investigate case as appropriate

• Take  appropriate action

• Confidentiality to the extent possible

• Seek justice, richer understanding, and ultimately restoration of all involved.

²CA SB 493 refers to these employees as “Responsible Employees”

³If the accused is the Compliance Officer, the Provost and Dean of Faculty, or the Vice President for Student Life, then the President will be notified and help determine an appropriate investigation strategy. If the accused is the President or a member of the Board of Trustees, then the Chair of the Board of Trustees will be notified and help determine an appropriate investigation strategy. If the accused is the Chair of the Board of Trustees, then the Vice Chair of the Board of Trustees will be notified and help determine an appropriate investigation strategy.

Regardless of whether a complaint has been received, the college may, at any time and at its sole discretion, initiate an investigation of or take action against any harassment, discrimination or bias-related incidents occurring within the Westmont community. Requests of the reporting party to withhold her/his identity will be reviewed in light of the college’s responsibility to provide a safe and non-discriminatory environment for all community members. Any response by the college may be hindered by the complainant’s wishes for anonymity and/or inaction.

As per CA SB 493, under this policy, the college has responsibility to respond promptly and supportively when the college knows (actual knowledge), or allegations of sexual misconduct against a student or reasonably should know (constructive notice) about possible instances of sexual harassment against a student within an education program or activity of the college or outside of an education program or activity, whether on-campus or off-campus, if the incident could contribute to a hostile educational encironment or interfere with a student’s access to education.