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UNIVERSITY OF THE DISTRICT OF COLUMBIA
BOARD OF TRUSTEES
NOTICE OF FINAL RULEMAKING
The Board of Trustees of the University of the District of Columbia pursuant to the authority set forth under the District of Columbia Public Postsecondary Education Reorganization Act Amendments (Act) effective January 2, 1976 (D.C. Law 1-36; D.C. Official Code §§ 38-1202.01(a) and 38-1202.06)(3),(13) (2001 & 2011 Supp.) hereby amends chapter 6 (Campus Life) of subtitle B (University of the District of Columbia) of title 8 (Higher Education) of the District of Columbia Municipal Regulations (DCMR), as follows, effective upon publication of this notice in the D.C. Register. The purpose of the proposed rule is to implement a discrimination and harassment policy in compliance with local and federal laws.
The substance of the rules adopted herein was published in the D.C. Register on November 18, 2011, at 58 DCR 9872 for a period of public comment of not less than thirty (30) days, in accordance with D.C. Official Code § 2-505(a) (2011 Supp.). No public comments were received by the Board within the public comment period and no changes were made to the rules since published as proposed. The Board adopted the rules as final on January 18, 2012. The rules shall go into effect upon publication of this notice in the D.C. Register.
Chapter 6, CAMPUS LIFE, of subtitle B, UNIVERSITY OF THE DISTRICT OF COLUMBIA, of title 8, HIGHER EDUCATION, of the DCMR is amended as follows:
Section 612 is added to read as follows:
612 DISCRIMINATION AND HARASSMENT
612.1 The provisions of this chapter shall apply to all faculty, staff, and students of the University.
612.2 The provisions of this chapter are written in accordance with Federal and District laws and regulations, which are subject to amendment. To the extent these regulations become inconsistent with such amendments, the applicable provision of Federal or District law shall supersede this chapter.
612.3 The University prohibits discrimination of members of the University community on the basis of actual or perceived race, color, religion, national origin, sex, age, disability, sexual orientation, gender identity or expression, family responsibilities, matriculation, political affiliation, marital status, personal appearance, genetic information, familial status, source of income, place of residence or business, or status as a covered veteran, and all protected classes as provided for and to the extent required by District and Federal statutes and regulations.
612.4 The University prohibits unwelcome and offensive acts or communications directed to individuals or groups because of actual or perceived race, color, religion, national origin, sex, age, disability, sexual orientation, gender identity or expression, family responsibilities, matriculation, political affiliation, marital status, personal appearance, genetic information, familial status, source of income, place of residence or business, or status as a covered veteran, and all protected classes, as provided for and to the extent required by District and Federal statutes and regulations.
612.5 It is the policy of the University that all faculty, staff, and students work and learn in an environment free from sex discrimination and sexual harassment.
612.6 Disciplinary actions for discriminatory or harassing behavior may include one (1) or more of the following:
(a) Sanctions as stipulated in the Code of Student Conduct, as applicable;
(b) Requirement to attend training or other education;
(c) Requirement to obtain counseling;
(d) Work restrictions;
(e) An oral or written warning (or letter of concern);
(f) A written reprimand;
(g) Suspension; or
(h) Dismissal or expulsion.
612.7 Disciplinary sanctions and process will be implemented consistent with any applicable collective bargaining agreement.
612.8 Conduct claimed to constitute discrimination or harassment must be interpreted in light of the principle of academic freedom so as to protect a faculty member’s rights to teach, research and publish freely. The University does not intend that this policy will be used to address the typical differences of opinion that may arise in the academic setting and are part of the normal process of teaching and learning.
612.9 The University encourages students, staff, and faculty to utilize the internal complaint process prior to filing an external complaint. The internal complaint process may be found on the University Equal Employment Office webpage or by contacting the University Equal Employment Officer.
612.10 Persons who believe that they have been subjected to discrimination and/or harassment may be able to file a complaint with Federal and/or District government agencies (such as the D.C. Office of Human Rights, the U.S. Equal Employment Opportunity Commission, or the U.S. Department of Education’s Office for Civil Rights).
612.11 It is to be expected that, at all stages of any proceedings under this policy, confidentiality will be maintained to the greatest extent possible. Consistent with their obligations, all roles described herein are expected to maintain the highest standards of confidentiality. Communication by these persons with others with regard to discrimination and harassment complaints can be only on a required "need to know" basis. Others necessarily involved, such as the complainant, the respondent, and witnesses, will be encouraged to keep confidential to the greatest extent possible matters about which they or others provide testimony or information. With regard to such individuals, however, the University has no means by which to ensure strict confidentiality other than by providing notice of the standards of confidentiality by which the University expects all individuals involved to abide.
Section 613 is added to read as follows:
613 CONSENSUAL RELATIONSHIPS
613.1 The University expects its faculty, staff, supervisors, and administrators to act in a fair, impartial manner when making decisions, avoiding every appearance of impropriety or favoritism that might arise from consensual relationships.
Section 614 is added to read as follows:
614 RETALIATION
614.1 Any action taken by the University or any employee or agent of the University to restrain, interfere, coerce or otherwise adversely affect a person’s employment, personal safety, academic efforts or participation in University-sponsored activities as a result of that person’s allegation of discrimination or harassment or cooperation in such an investigation or adjudication is strictly prohibited. No faculty member, administrator or staff, applicant for employment, or student may be subject to retaliation for action taken in good faith:
(a) To seek advice concerning a discrimination or harassment matter;
(b) To file a discrimination or harassment complaint; or
(c) To serve as a witness or a panel member in the investigation or adjudication of a discrimination or harassment complaint.
614.2 Retaliation, if established, may result in disciplinary action against the offending party up to and including discharge from employment or dismissal/expulsion from the University.
614.3 If allegations of discrimination or harassment are determined by the Investigator, in consultation with the Vice President for Human Resources or his or her designee, to be both false and brought with malicious intent, the matter will be sent to the Vice President for Human Resources or his or her designee with a report and a written recommendation. The complainant may be subject to disciplinary sanctions as set forth in § 612.6, as determined by either the Office of Human Resources (employees) or the Office of Student Affairs (students).
Section 615 is added to read as follows:
615 EQUAL OPPORTUNITY (EO) STATEMENT
615.1 The following version of the Equal Opportunity (EO) statement shall be used in all brochures and advertisements unless otherwise noted:
The University of the District of Columbia is an Equal Opportunity Affirmative Action institution. The University prohibits discrimination or harassment against any person on the basis of the actual or perceived actual race, color, religion, national origin, sex, age, disability, sexual orientation, gender identity or expression, family responsibilities, matriculation, political affiliation, marital status, personal appearance, genetic information, familial status, source of income, place of residence or business, or status as a covered veteran, as provided for and to the extent required by District and Federal statutes and regulations. This policy covers all programs, services policies, and procedures of the University, including admission to educational programs and employment. The University emphasizes the recruitment of minorities, women, disabled individuals, disabled veterans, Vietnam era veterans, and other eligible veterans.
615.2 The following short version of the EO statement can be used in place of the longer version in all small brochures and advertisements:
The University of the District of Columbia is an Equal Opportunity/Affirmative Action institution. Minorities, women, veterans and persons with disabilities are encouraged to apply.
615.3 If space in the advertisement is extremely limited, the words “Equal Opportunity/Affirmative Action” may be replaced with “EEO/AA” as follows:
The University of the District of Columbia is an EEO/AA institution.
