5.2 Applicability of Procedures
5.2.1 Xavier Employees and Students
- The Xavier University Harassment Code and Accountability Procedures reflect the commitment to maintain a community that is free from harassment of any kind. Xavier has designed procedures for prompt internal resolution of harassment complaints that arise within the University Community. The University expects that the use of these procedures will facilitate and promote resolution of such complaints.
- In all instances, the alleged harasser will be subject to the procedures relevant to their University Community status, i.e., student, administrator, faculty member or staff member. For example, if a staff member is alleged to have harassed an administrator, a student, another staff member or a faculty member, they will be subject to the harassment procedures for staff; if a faculty member is alleged to have harassed a staff member, another faculty member, an administrator or a student, they will be subject to the harassment procedures governing faculty; if an administrator is alleged to have harassed a staff member, a faculty member, another administrator or a student, they will be subject to the harassment procedures governing administrators; and if a student is alleged to have harassed a staff member, a faculty member, an administrator or another student, they will be subject to the harassment procedures governing students.
- The procedures specified in this HCAP apply to all administrators, faculty and staff.
- All the procedures specified in this HCAP also apply to students, except sections 5.7 - 5.14., which relate to the use of the formal process of investigating, adjudicating and resolving complaints. Alleged incidents of harassment against students that are to be pursued formally will be investigated and adjudicated under the procedures provided in the Xavier University Student Handbook.
- In the event that the Complainant is a student or, regardless of the student or employee status of the Complainant, if the conduct reported is Rape, Sexual Assault, or Sexual Exploitation, the resolution methods described in Section 5.8 Resolution Through the Informal Process and Mediation described in Section 5.9 Resolution Through the Formal Process, will not be permitted.
- Situations involving administrators, staff, faculty or students who believe they have been harassed, either on campus or in a university-related activity, by an individual who is not enrolled at or employed by Xavier (e.g., visitors, graduates of Xavier University, applicants for admission or employment, former employees, contractors, or vendors), may be addressed only through the informal process for handling an allegation (described below in Section 5.8).
- For purposes of applying this HCAP, an administrator, a faculty member or staff member who participates in a University class or other activity as a student shall always be considered a faculty or staff member, respectively, even with respect to incidents occurring in such class or activity. Similarly, an undergraduate or graduate student receiving compensation or other benefit from the University for counseling, advocacy, clinical, tutoring, or teaching responsibilities, or who is employed by the University in any other manner shall be considered a student rather than faculty or staff.
5.2.2 All Others
- Situations involving individuals who are not enrolled at or employed by Xavier (e.g., visitors, graduates of Xavier University, applicants for admission or employment, former employees, contractors, or vendors) but who believe they have been harassed either on campus or in a university-related activity by someone who is enrolled at or employed by Xavier University may be addressed only through the informal process for handling an allegation (described below in Section 5.8.).
5.2.3 Contractors or Vendors Working on the Xavier Campus but Not Employed by the University
- Such individuals are treated as not enrolled at or employed by Xavier. Any use of the informal process by or against such individuals shall be in addition to any procedures provided in the individual's employment contract, union agreement, or other policy that relates to the individual's employment on the Xavier campus.