General Policies

Section 1—Equal Employment and Anti-discrimination

Equal Opportunity

Rockhurst University welcomes persons from all backgrounds and beliefs to join our staff and University community. We seek to create and foster a sense of community that facilitates the development, both personal and professional, of all our members, including faculty, staff, students and others who participate in our programs and activities.

Rockhurst University is committed to providing equal opportunities for all persons regardless of race, color, creed, religion, sex, pregnancy status, sexual orientation, marital status, national origin or ancestry, age, gender, disability, citizenship or intending citizenship status, gender identity, veteran status, or any other status protected by law (“protected status”). This is reflected in all policies, programs and procedures of the University.

Rockhurst University complies with federal, state and local equal opportunity laws and strives to keep the workplace, and all programs and activities, free from all forms of illegal discrimination and harassment, as well as free from all forms of disrespectful conduct based on protected status even where such conduct does not constitute a legal violation.

As part of its commitment to equal opportunity, the University is committed to providing qualified individuals with disabilities, reasonable accommodation. Any applicant for employment or an employee, who requires reasonable accommodation to complete the application process, and/or to perform the essential functions of the job, should contact the Director of Human Resources. Accommodations may include, among other things, modification of policies, including but not limited to policies concerning attendance, flextime and leaves of absence. Faculty may also contact the Vice President of Academic Affairs to discuss accommodation issues. Any student or other program participant with a disability, who requires assistance to ensure access to educational opportunities and activities, should contact the Dean of Students.

Additionally, as part of its commitment to equal opportunity, the University is “committed to providing reasonable accommodations to staff, faculty and students whose sincerely held religious belief, practice, or observance conflicts with a work, education, or other University requirement, unless doing so would create an undue hardship. If students, staff, faculty and others participating in our programs have any questions, or wish to request an accommodation, please contact, as appropriate, the Director of Human Resources, the Dean of Students, or the Vice President of Academic Affairs.

Consistent with the requirements of Title IX of the Education Amendments of 1972* and its implementing regulations, and Section 504 of the Rehabilitation Act of 1973* and its implementing regulations, Rockhurst University has designated three individuals responsible for coordinating the University’s Title IX and Section 504 compliance. Students, staff, faculty and others participating in our programs, with concerns or complaints about discrimination on the basis of sex or disability in employment or an education program or activity, may contact any one of the following Title IX/Section 504 coordinators:

Individuals may also contact the Office for Civil Rights of the U.S. Department of Education.

Please see the Harassment, Discrimination and Professional Conduct Policy for more information about reporting concerns and applicable procedures.

*Title IX says, that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

* Section 504 says no otherwise qualified individual in the United States shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Harassment, Discrimination and Professional Conduct

Commitment to Non-Discrimination, Non-Harassment and Non-Retaliation

The purpose of this policy is to uphold the University’s mission in preserving the fundamental dignity and rights of all individuals employed or seeking to be employed by, or otherwise involved in or seeking to be involved in programs or activities of, Rockhurst University.

Discrimination, harassment and retaliation are contrary to the values of Rockhurst University. Preventing discrimination, harassment and retaliation, as well as other disrespectful conduct based on one’s protected status, is the responsibility of all members of the Rockhurst University community. Violations of this policy must be reported as soon as possible to designated personnel as stated in this policy. Every effort will be made to respond to concerns of perceived prohibited conduct (“Concerns”) in a reasonable, thorough and timely manner. If any one feels that the University has not met its obligations under this policy, that person should contact the Director of Human Resources, Dean of Students, or Vice President of Academic Affairs.

Prohibited Conduct

Discrimination

It is a violation of this policy to discriminate on the basis of race, creed, color, religion, national origin, sex, gender, age, disability, pregnancy status, sexual orientation, veteran status or other status protected by law, in any educational program or activity, and employment opportunities.

Harassment

Rockhurst prohibits unwelcome verbal or physical conduct that denigrates or shows hostility or aversion toward staff, students, faculty members, or other individuals participating in our community because of race, color, sex, religion, age, national origin, disability, pregnancy status or any other protected status. This prohibition applies to all individuals who work for or with the University, students, and others participating in the Rockhurst community, including parents, relatives, associates of a student, vendors, suppliers or other persons doing business with Rockhurst.

Examples of conduct prohibited by this policy include, but are not limited to, employment decisions made based on an employee’s protected status; admission or participation decisions based on an employee’s protected status; verbal conduct such as racial epithets, derogatory comments, hostile or demeaning slurs or comments based on one’s protected status; visual conduct such as posters, e-mail, drawings, cartoons, or postings on social media that denigrate based on a protected status; and unwanted physical conduct based on one’s protected status.

Sexual Harassment

As part of the above-stated policy, no staff, student, faculty member or other individual participating in our Rockhurst community may sexually harass another individual. Prohibited sexual harassment includes conduct described above based on one’s sex. It also includes unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical or other non-verbal conduct of a sexual nature, including when (1) submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of any educational program, activity or employment; (2) submission to or rejection of such conduct by an individual is used as a basis for any education or employment decision affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s education or work performance or creating an intimidating or hostile learning or working environment.

Retaliation

Rockhurst prohibits retaliation against anyone for reporting discrimination, harassment or retaliation, assisting in making a complaint, or cooperating in an investigation. Rockhurst also prohibits retaliation against anyone because he/she is closely associated with someone who reported, assisted, or cooperated with a discrimination, harassment or retaliation complaint or investigation. Retaliation prohibited by this policy includes, but is not necessarily limited to, disparaging comments, uncivil behavior, or other negative treatment.

Concerns of Prohibited Discrimination, Harassment, and Retaliation.

Any student, faculty, staff or other person who believes he/she has experienced or witnessed conduct prohibited by this policy must immediately notify the Director of Human Resources, the Dean of Students, or the Vice President of Academic Affairs, all of whom are also designated as our Title IX and Section 504 Coordinators. Please see the Equal Opportunity and Anti-Discrimination Policy for more information.

All Concerns of inappropriate conduct will be promptly and thoroughly investigated by the appropriate University official. Rockhurst University will act to ensure a respectful environment, which includes ensuring that any improper conduct ceases immediately, and taking corrective action to prevent recurrence of the inappropriate conduct. Any student, faculty, staff or other person subject to this policy found to have engaged in inappropriate conduct will be subject to the full range of corrective action, up to and including discharge, expulsion or removal from the University. Rockhurst will inform the alleging party of the conclusion of the investigation, as appropriate.

All Concerns will be held in confidence to the extent practicable for effective resolution. However, confidentiality cannot be guaranteed. All participants in any Concern are encouraged to respect confidentiality to protect the privacy and reputations of all individuals involved. Obviously, individuals may have appropriate and confidential discussions with the counseling center regarding the matter. Any breach of confidentiality may result in disciplinary proceedings up to and including expulsion from the University and discharge from employment.

No person will suffer employment, educational or other program consequences as a result of making a good faith report or taking part in the investigation of a Concern. An individual who knowingly alleges a knowingly false or frivolous concern against another will be subject the full range of corrective action, up to and including discharge, expulsion, and removal from the University.

Appeals from Concerns

Basis for Appeal

Appeals of decisions, including corrective action if any, on Concerns may be taken on the following basis:

There is substantial likelihood that newly discovered information, not available at the time of presentation of information, which supports or opposes the Concern would result in a different decision.

Where and When to Bring an Appeal of a Concern.

Appeals of Concerns Against Students.

The appeal procedures are outlined in the Student Code of Conduct and are incorporated by reference in this policy.

Appeals of Concerns Against Faculty.

The Complainant or Respondent may appeal a decision, including corrective action if any, to the Vice President for Academic Affairs within a reasonable period of time, typically ten (10) business days of the decision, absent extenuating circumstances. The decision of the Vice President for Academic Affairs is final.

Appeals of Concerns Against Staff including Administrators.

The Complainant or Respondent may appeal a decision, including corrective action if any, to the Vice President for Finance and Administration within a reasonable period of time, typically ten business (10) days of that decision absent extenuating circumstances. The decision of the Vice President for Finance and Administration is final except:

In cases of resolution of a Concern against a dean, the Complainant or Respondent may appeal that decision to the President and the decision of the President is final.

In cases of resolution of a Concern against a vice president, the Complainant or Respondent may seek reconsideration of the President’s decision and the President may, in his/her discretion, designate another individual or individuals to recommend a decision on reconsideration. The decision of the President or the President’s designee on reconsideration is final.

In cases of resolution of a Concern against the President, Complainant or Respondent may seek reconsideration of the Chair of the Board’s decision and the Chair may designate an individual or individuals to recommend a decision on reconsideration. The decision of the Chair of the Board or the Chair’s designee on reconsideration is final.

Appeals must be in writing and contain the following information:

• Name, university address and email address of Complainant.
• Name, university address and email address of Respondent.
• A statement of all decisions, including corrective action if any, at all levels in the process.
• A detailed statement of the basis for the appeal including the specific facts and circumstances in support of the appeal.
• Requested action, if any.

Review of the Appeal

The university official or her/his designee may take any and all actions which in his/her discretion she/he determines is in the interest of a fair and just decision. The Complainant or Respondent may request a meeting with the university official. However, the decision to grant a meeting is at the discretion of the university official. The university official may uphold, reverse or modify any decision or corrective action, forward the matter for action under any applicable university policy, or take any other action in the interest of a full and fair resolution of the appeal. The university official will make her/his decision and notify Complainant, Respondent, underlying decision maker and others on a need to know basis in writing as soon as practicable under the circumstances.

Equal opportunity extends to all aspects of the administration of educational policies, admissions policies, scholarship and loan programs, athletics, and other school-administered policies and programs, and in its employment related policies and procedures.

Weapon Free Policy

Background

Missouri’s Concealed Carry Law permits individuals to obtain a license to carry a concealed handgun; however, a permit holder cannot carry a concealed firearm on to “any higher education institution or elementary or secondary school facility without the consent of the governing body” [R.S.Mo. 571.107.1(10).] In addition, there continues to be a national awareness of the harmful and destructive potential of other weapons including any and all firearms, ammunition, explosives/incendiary devices, dangerous chemicals, hazardous materials, or flammable materials.

Policy

In the interest of maintaining a safe academic and employment environment free of violence and danger for all students, faculty, staff and visitors, Rockhurst University prohibits the possession, transportation, storage, or use of any and all weapons including firearms, ammunition, explosives/incendiary devices, dangerous chemicals, hazardous materials, or flammable materials on any University owned or leased property (including in motor vehicles) or at any University sponsored function (regardless of whether or not the party has a permit to carry a concealed firearm). The policy applies to all University students, faculty, staff , contract employees, vendors, and visitors on University property or at any University-sponsored function. This policy does not apply to any law enforcement personnel engaging in official duties.

Definitions

• “Any Rockhurst property” includes the main campus, all academic and administrative buildings, all residence life facilities, all recreational facilities, all parking areas, and any and all other property owned or leased by Rockhurst.
• “Any and all weapons” includes without limitation any firearm, knife, or other agents/instruments (i.e. explosives/incendiary devices, chemicals, hazardous materials, flammable materials, etc.) capable of lethal use - whether in plain view or concealed, and whether with or without a concealed carry endorsement, permit, or license. Should anyone have a question regarding whether an item is covered by this policy, they should contact Security, Human Resources, or the Dean of Students Office.
• “Explosives/incendiary devices” includes any and all devices capable of driving or bursting out with violence/noise or capable of causing destruction/injury - whether or not detonated or capable of being detonated on site/from a remote location.

Reporting Obligations/Enforcement

If students, faculty, or staff believe another person covered by this policy possesses a concealed handgun or other weapons in violation of this policy, they will immediately report this information to the Security Department. Students, faculty and staff should be aware that the enforcement of this policy might involve confronting individuals carrying dangerous weapons. They should not take any unnecessary risks or compromise their safety in enforcing this policy.

Failure to abide by this policy, or to report knowledge of a possible violation of it, will subject a student or faculty/staff member to disciplinary action including, but not limited to, expulsion from the University (student), termination of the faculty/staff member (in accordance with Code of Conduct and Employee Handbook guidelines), and disclosure of the incident to appropriate law enforcement authorities.

The University reserves the right to search all personal and college-owned or leased vehicles, packages, containers, briefcases, purses, backpacks, lockers, desks, enclosures, offices, or other University owned/leased property for the purpose of determining whether any weapon has been brought onto its premises in violation of this policy. These searches will only be conducted in the event of probable cause or reasonable suspicion, and will be conducted in accordance with appropriate search procedures.

The President, President’s Staff, Deans, Department Chairs, Directors, and other managers/supervisors are responsible for assuring compliance with this policy. The Security Department, Office of Human Resources, and Dean of Students Office are jointly responsible for the administration of the policy.