Nondiscrimination and Anti-Harassment Policy

This policy prohibits discrimination and harassment by all members of the Earlham community. Earlham community members include students, trustees, alumni, faculty, administration, staff, visitors, volunteers, independent contractors, and any individuals regularly or temporarily employed, studying, living, visiting, conducting business, or having any official capacity at Earlham College and the Earlham School of Religion.

The testimonies of the Religious Society of Friends regarding peace, community, and equity affirm the centrality of mutual respect in inquiry and social discourse at Earlham College. Members of the Earlham community are expected to “act with regard for the intellectual, physical and emotional well-being of everyone” (see Principles and Practices), and the institution is committed to providing an educational and employment environment free from discrimination and harassment on the basis of race, color, national origin, gender, sex, sexual orientation, age, disability or any other protected category under applicable law. Accordingly, discrimination and/or harassment, including bullying, on the basis of race, color, national origin, gender, sex, sexual orientation, age, disability or any other Protected Category is prohibited at Earlham. Further, bullying, whether based on someone’s membership in a legally Protected Category or not, is a violation of this policy.

This policy applies to conduct occurring on Earlham property or within Earlham-sanctioned events or programs taking place off-campus, including study or research abroad, community-based learning, and internships. The policy also applies to off-campus conduct, including the use of technology, that violates this policy if such conduct may have substantial adverse effect on any member of the Earlham community.

1. Chief Diversity Officer: The Cabinet-level Earlham administrator with responsibility for development and implementation of diversity, equity and inclusion (DEI) initiatives within the organization. The Chief Diversity Officer is appointed by the president.
2. Grievance: A formal complaint alleging a violation of this policy.
3. Prohibited Conduct: Prohibited Conduct includes discrimination, harassment or bullying on the basis of a protected characteristic. Engaging in Prohibited Conduct constitutes a policy violation that may result in sanctions.
4. Protected Category: A group protected from discrimination by federal or state law, including but not limited to Title VI of the Civil Rights Act of 1964; Title VII of the Civil Rights Act of 1964; Title IX of the Education Amendments Act of 1972; Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973; the Age Discrimination in Employment Act of 1967; Uniform Services Employment and Reemployment Rights Act of 1994; Indiana Code § 22-5-4-1; and Indiana Code § 35-38-9-10.
5. Respondent: An individual who is alleged to have committed Prohibited Conduct.
6. Sanction: A formal college response or punishment should a student or employee be found Responsible for violation of this policy. Sanctions may include, but are not limited to, termination of employment and expulsion.

The following are prohibited conduct under this policy:

1. Bullying: The aggressive and hostile acts of an individual or group of individuals that are intended to humiliate, mentally or physically injure or intimidate, and/or control another individual or group of individuals based on a Protected Category. Under this policy, bullying may take a number of forms: i.e., physical bullying, verbal or written bullying, nonverbal bullying, and/or cyberbullying.
2. Discrimination: Federal law defines discrimination as differential treatment of an individual or group of people based protected characteristics, including race, color, national origin; religion; sex, including pregnancy, childbirth, and related medical conditions; age; disability; veterans and past or present service members. See Title VI of the Civil Rights Act of 1964; Title VII of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973; Age Discrimination Act of 1975; Vietnam Era Veterans’ Readjustment Assistance Act of 1974; Uniform Services Employment and Reemployment Rights Act of 1994. Indiana law also prohibits discrimination in employment on the basis of off-duty tobacco use, and sealed or expunged arrest or conviction record. See Indiana Code § 22-5-4-1, Indiana Code § 35-38-9-10.
   1. In determining whether discrimination occurred, Earlham considers whether there was an adverse impact on the individual’s work or education environment and whether individuals outside of the protected class received more favorable treatment.
   2. If there was an adverse impact on the individual’s work or education environment, Earlham considers whether there is a legitimate, non-discriminatory reason for the action.
3. Discrimination on the basis of race: Federal regulations specifically prohibit race-based disparate treatment related to a student’s receipt of services or any other benefit of educational programs, or employment.
   1. In almost all circumstances, separating students based on race violates the law and this policy, even if programming for each group is identical.
   2. Under federal regulations and College policy, prohibited conduct includes discrimination based on a person’s actual or perceived shared ancestry or ethnic characteristics, which may include characteristics associated with specific religious groups.
4. Harassment: Federal law defines harassment as verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of race, color, national origin, gender, sex, sexual orientation, age, disability or any other Protected Category or that of his/her relatives, friends or associates, and that 1) has the purpose or effect of creating an intimidating, hostile or offensive work or study environment; 2) has the purpose or effect of unreasonably interfering with an individual’s work or study performance; and 3) otherwise adversely affects an individual’s employment or learning opportunities.
   1. Harassing conduct includes, but is not limited to, epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and display or circulation on the campus of written or graphic material that denigrates or shows hostility or aversion toward an individual or group (including through email and social media).
   2. Harassing conduct not based on membership in a Protected Category that has the purpose or effect of substantially interfering with the individual’s access to education or work, or creating an intimidating, hostile or offensive working environment or academic experience, is also prohibited and will be addressed by the appropriate human resources, academic affairs, or student conduct processes.
5. Race-based Harassment: Federal law defines race-based harassment is unwelcome race-based conduct that, based on the totality of circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from educational programs or activities.
   1. The conduct may be directed at anyone, and the harassment may also be based on association with others of a different race. Additionally, a hostile environment may take the form of a single victim and multiple offenders.
   2. When investigating an allegation of race-based harassment, Earlham will make its determination based on the totality of circumstances. Relevant factors for consideration may include, but not be limited to, the context, nature, scope, frequency, duration, and location of race-based harassment, as well as the identity, number, age, relationships of the persons involved.
6. Sex discrimination: Sex discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, or other sex characteristic.
   1. Pregnancy or related conditions: “Pregnancy or related conditions” includes pregnancy, childbirth, termination of pregnancy, and lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, and lactation; and recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
7. Sex-based harassment: “Sex-based harassment” is a form of sex discrimination that includes sexual harassment and harassment based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity, that is quid pro quo harassment, hostile environment harassment, or one of four specific offenses referenced in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act (“Clery Act”) as amended by the Violence Against Women Reauthorization Act (2022 reauthorization). There are two types of sex-based harassment claims:
   1. Hostile environment harassment is unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity (i.e., creates a hostile environment).
   2. Quid pro quo harassment is when an employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient’s education program or activity explicitly or implicitly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
8. Sexual assault: A forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Sexual assault encompasses a range of offenses, including but not limited to Fondling; Incest; Rape; Statutory Rape; and Sexual Assault with an Object directed against another person, without that person’s consent.
9. Dating violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: 1) the length of the relationship, 2) the type of relationship; and 3) the frequency of interaction between the persons involved in the relationship.
10. Domestic violence: Felony or misdemeanor crimes committed by a person who is a current or former spouse or intimate partner of the victim; is cohabiting, or has cohabited with the victim; shares a child in common; or commits acts against a youth or adult victim who is protected from these acts under the family or domestic violence laws of the jurisdiction.
11. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for the person’s safety or the safety of others; or (2) suffer substantial emotional distress.
12. Sexual exploitation: When one person takes a non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.
13. Retaliation: The Intimidation, threats, coercion, or discrimination against any person by the institution, a student, employee, or other person authorized by the institution, from participating in activity protected by federal and state anti-discrimination and/or whistleblower laws. Protected activity includes: complaining about discriminatory or harassing behavior; disclosing/reporting violations of law, rule or procedure or fraud, waste or abuse; and participating in discrimination or whistleblower proceedings in good faith (such as an investigation or lawsuit).
    

The teaching and learning of the liberal arts at Earlham College rest on the principle of free inquiry and open discourse. This policy is not intended to inhibit or restrict free expression or exchange of ideas. Earlham’s commitment to academic freedom can be found in full in the Earlham College Faculty Handbook (Section M) and the Earlham School of Religion Faculty Handbook (Section L).

Speech or expression with legitimate and appropriate pedagogical purpose are not subject to sanction under this policy, unless they rise to the level discrimination, harassment or other prohibited conduct as described in part IV of this policy.

Any employee, student, or visitor to Earlham who believes they have been the victim of Prohibited Conduct noted in this policy may seek resolution through Earlham’s formal grievance procedures or through an informal resolution process.

1. Informal resolution includes conversation and mediation. The purpose of this mediation is not to establish guilt or innocence, or to provide for sanctions against anyone involved, but to reach mutual understanding and resolution.
2. Formal grievance procedure will result, for the Respondent, in findings of “Responsible” or “Not Responsible” regarding the prohibited conduct, and will include appropriate Sanctions when there is a finding of Responsible. Procedures for formal resolution of grievance are outlined in Earlham’s Grievance Procedures.
3. All reports of sex discrimination are investigated and resolved according to procedures outlined in Earlham’s Sexual Harassment Policy.
4. If an incident does not rise to the level of discrimination and harassment as defined in this policy, but is alleged to be contrary to Earlham principles, Earlham will provide appropriate opportunities to mediate and resolve the incident.

A. In order to promote an institutional environment free from discrimination and harassment and to promote equal opportunity, Earlham requires all employees who do not have a legal privilege of confidentiality and who become aware of alleged discrimination or harassment to report that alleged discrimination or harassment to the appropriate office.Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this policy and procedures, may be made internally:

• • Online Reporting and Instructions:
    Visit Reporting Harassment, Discrimination, and Misconduct

• • For discrimination and harassment (not based on sex or disability): 

Office of the President
Chief Diversity Officer
Gariot P. Louima, Ph.D.
Phone: 765-983-1208
Email: [email protected]

Office of Human Resources
Human Resource Director
Tracy Amyx
Phone: 765-983-1628
Email: [email protected]

Student Life
Shane Peters, MS.Ed.
Associate Vice President for Student Life
(Student Conduct Officer)
Phone: 765-983-1317
Email: [email protected]

• • For sex discrimination and sex-based Harassment:

General Contact for Office of Title IX
Visit https://earlham.edu/title-ix-information
Email: [email protected]

Title IX Coordinator
Beth M. Birky, Ph.D.
Director of Title IX and Equal Opportunity
Human Resources 301
Phone: 765-983-1346
Email: [email protected]

Deputy Title IX Coordinator for Athletics
Cathryn Dickman, MPH
Athletics and Wellness Center, Office 2105
Phone: 765-983-1889
Email: [email protected]

• •  For student disability-based allegations:

504 Coordinator
Jennifer James
Director of Disability and Access Services
Phone: 765-983-1390
Email: [email protected]

B. The duty to report includes administrators, supervisors, managers, faculty and staff. Graduate assistants, resident assistants, teaching assistants, and student employees with clerical or administrative responsibilities are also required to report.

C. Employees with a legal privilege of confidentiality under Indiana law (including licensed counselors acting in their capacity as counselors) are not required to report when the information is obtained in the course of a confidential communication. An employee’s confidential status is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies.

• • Student Counseling Services
    Confidential employees under Indiana law and professional license

General Contact
Earlham Hall (1st floor – West Wing)
Phone: 765-983-1328
Office hours 8:30 a.m. to 4:30 p.m. on weekdays year-round, except on major holidays

Alisa Damholt, MSW, LCSW
Director of Counseling Services
Phone: 765-983-1432
Email: [email protected]

Shamara A. Dickenson, MS, CWHC
Wellness and Health Coach
Phone: 765-983-1449
Email: [email protected]

Darcey Meridith, MSW, LCSW
Contract Counselor
Phone: 765-983-1608
Email: [email protected]

Desiree Tharp-Davis, MS, LPC
Counselor
Phone: 765-983-1608
Email: [email protected]

Barbie Will, MSW, LCSW
Contract Counselor
Phone: 765-983-1609
Email: [email protected]

• • Health Services
    Confidential employees under Indiana law and professional license

General Contact
Office: Earlham Hall (1st floor – West Wing)
Phone: 765-983-1328
Fax: 765-983-1488
Email: [email protected]
Office hours 8:30 a.m. to 4:30 p.m. on weekdays year-round, except on major holidays

Courtney Skaggs PMHNP-BC
Psychiatric Nurse Practitioner
Email: [email protected]

Windel Stracener, M.D.
Campus Physician
Phone: 765.983.1328

Amanda Wright, R.N.
Nurse
Office: 765.983.1328
Email: [email protected]

• • Ombudsperson
    Designated confidential by Earlham

Lailul Ikram, M.S.
Ombudsperson
Location: Virginia Cottage
Phone: 765.983.1875
Email: [email protected]

• • Chaplaincy
    Confidential under Indiana law
    

Mimi Holland
Coordinator of Quaker Life and Assistant Chaplain
Location: 201 Virginia Cottage
Phone: 765-983-1753
Email: [email protected]

D. Failure to report credible and actual allegations of discrimination and harassment is itself considered a violation of this policy, and may be subject to discipline up to and including termination.

E. Filing Federal Complaints:

Members of the Earlham community may also make reports to:

Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline #: 800-421-3481
Fax: 202-453-6012
TDD#: 877-521-2172
Email: [email protected]
Web: http://www.ed.gov/ocr

Office for Civil Rights (OCR)-Chicago Office
U.S. Department of Education
John C. Kluczynski Building
230 S. Dearborn Street, 37th Floor
Chicago, IL 60604
Telephone: 312-730-1560
Fax: 312-730-1576
TDD#: 800-877-8339
Email: [email protected]

For complaints involving employees, please refer to the Equal Employment Opportunity Commission (EEOC) of the United States Government. The EEOC has jurisdiction over Title IX employment claims. Please consult: http://www.eeoc.gov/field/index.cfm to locate the local office’s contact info.

Deliberately false and/or malicious accusations under this policy are a serious offense and will be subject to appropriate disciplinary action. Additionally, witnesses and parties knowingly providing false evidence, tampering with, or destroying evidence after being directed to preserve such evidence or deliberately misleading an official conducting an investigation can be subject to discipline under this policy and the appropriate conduct policies and procedures.

Earlham’s Chief Diversity Officer is responsible for periodic review and amendment of this policy. Revisions will be reviewed by the Board’s Diversity, Equity and Inclusion Committee as well as its Audit, Risk Management, and Compliance Committee prior to full Board approval.

• Amendments approved by the Board of Trustees, May 31, 2024
• Amendments approved by Board of Trustees, October 13, 2023
  • Review and Approval, Board Committee on Diversity, Equity and Inclusion, October 2, 2023
  • Review and Approval, Board Committee on Audit, Risk and Compliance, October 5, 2023
• Community Feedback on Draft Policy, June 12 – September 11, 2023
• Grievance Council, Consultation and Advice, Apr 7, 2023

Clerical Notes:

August 15, 2024: Assistant Chaplain added to confidential campus resources

June 11, 2024: Updates to institutional contacts in Section VII.

June 12, 2024: Sexual Violence has been replaced with Sexual Assault in Section IV, per the  Title IX final rule and definitions in the uniform crime reporting system of the Federal Bureau of Investigations.

October 30, 2023 — Amendments from Legal Review

• Definitions for Grievance, Prohibited Conduct, and Sanctions have been amended for clarity.
  Protected Categories has been amended to Protected Category; references to protected class have been revised to read Protected Category.
• Section VII. Duty to Report, amended to include contact information for the Department of Education’s Office of Civil Rights.