Employee Handbook

12.1 Community Standards

Macalester College does not tolerate harassment or sexual violence in any form. It is inconsistent with the maintenance of academic freedom and violates community standards. The goal of College policies and the harassment complaint procedures is to create a community free of any form of harassment. The College will take immediate and appropriate corrective action when it determines harassment or unwanted or violent sexual activities has occurred.

All harassment complaints will be received and processed by the Macalester College Harassment Committee (MCHC). The MCHC consists of two faculty members and two staff members. Members of the community may also use the MCHC as a resource regarding questions or concerns about an incident or situation without registering a complaint. In these cases one or more MCHC members will provide information and counsel until or unless an official complaint is initiated.

When a member of the Macalester community believes he or she has experienced or is experiencing harassment or has been the victim of a hate crime or unwanted sexual activity, the individual should immediately bring the concern to the MCHC. The same is true if a member of the community suspects or has knowledge that another member of the community has been subject to this behavior.

The MCHC member receiving the complaint will offer support services to the individual and convene the MCHC Review Team (3 MCHC members) to determine the next course of action. This could include mediation, investigation or a finding that the complaint does not constitute an alleged violation of College policy.

If mediation is determined to be the means for resolving conflict or misunderstandings, both parties will be notified and if they agree to participate, a facilitator will be selected to assist with the problem solving process. There are no sanctions involved in the mediation process. A report of the case will be available only to the members of the MCHC.

If the MCHC Review Team determines that an investigation should take place, the investigation will begin as soon as feasible. The Review Team will conduct a thorough and impartial investigation that will normally be completed and reported within two weeks.

Upon completion of the fact-finding report, the MCHC Review Team and the relevant College authority (most often, the senior staff member to whom the respondent reports) will make a determination regarding the case including any sanctions that are warranted. The relevant College authority will prepare a written determination and inform both the complainant (if appropriate) and the respondent of the decision.

When a severe sanction against a faculty member is recommended, a hearing must first be held and conducted according to the rules stipulated by the AAUP. A hearing will take place before the Faculty Personnel Committee. In the case of sanctions against a member of any collective bargaining unit, contractual grievance and arbitration procedures will remain available to the employee.

Appeals to decisions of this process may be brought forward only if there is a belief that the decision was a result of improper procedure. Records of cases brought to the MCHC will be kept for seven years and are available only to members of the MCHC unless it has been determined that a report of the case should be filed in a student educational or employee personnel file.

Questions about these procedures should be directed to the members of the MCHC. The Committee membership is listed in the College directory. A complete copy of the Harassment Complaint/Dispute Resolution Procedures is available in the Dean of Students, MCSG, Provost and Employment Services offices.

There will be no reprisals against an individual or individuals filing a complaint, no matter what process is used for resolution.

Nonretaliation

Macalester College will not retaliate against or take any form of reprisal against a person because that person made a complaint of discrimination or harassment, or opposed a discriminatory practice. Any such retaliation or reprisal by a College employee is forbidden. Any employee who retaliates against another employee or student in violation of this policy will be subject to discipline up to and including immediate termination of employment.

12.1.1 Statement on Harassment

Harassment or personal abuse, whether oral, written or physical, exceeds the bounds of acceptable behavior in the Macalester Community. Any individual who harasses or abuses another is subject to the harassment complaint/dispute resolution and disciplinary procedures of the College and such civil and criminal laws as may pertain. The College expects its members will educate themselves about such behavior and be vigilant in protecting the right to an environment free of harassment and abuse.

In addition, it is a gross misdemeanor to intentionally harass a person by engaging in certain acts which cause the person to feel oppressed, persecuted or intimidated. Such acts include stalking or threatening a person, sending packages, letters or telegrams to a person, and making telephone calls to a person with the intent to harass them.

12.1.2 Hate Incidents Protocol

Macalester College values the right to free speech and the open exchange of ideas and views in our learning environment. We, as a community, are committed to embracing multiculturalism, anti-racism, and a celebration of all forms of diversity. Macalester College is dedicated to assuring dignity for all and desires to be welcoming to every member of the campus community. Any act that has the purpose or effect of unreasonably or substantially interfering with an individual's safety and security by creating an intimidating, hostile, or offensive educational or working environment will not be permitted.

Hate incidents and crimes perpetrated by one's peers, any student, or any employee of the College will not be tolerated in our community and may also be punishable by federal and state law. Possible penalties for those found guilty of perpetrating a hate incident include probation, suspension, expulsion, termination of employment, and/or civil or criminal lawsuits.

Procedure:

When a member of the Macalester community believes they have been subject to a hate crime, the individual should immediately bring the concern to a member of the Macalester College Harassment Committee (MCHC). The next course of action, which could include mediation, investigation or a finding that the complaint does not constitute an alleged violation of College policy, will be determined. (See Section 12.1 for more information on the complaint procedures.) The MCHC reserves the right to request the involvement of civil and/or criminal authorities, based upon the nature of the situation. Upon receipt of the complaint, one member of the MCHC will serve as the investigator and compile a report for review by the full MCHC.

Because hate incidents and hate crimes are sometimes anonymous, they are considered an affront to the entire community. If such an incident occurs, the entire Macalester College community should be informed. Notification about hate incidents is necessary both to protect the safety of community members, as well as to raise campus awareness. Notification is necessary for facilitating the healing process for the targeted person, group, and the entire community through campus dialogue and collective problem solving.

A Hate Incident Notice should be sent as soon as agreed upon by the investigation team after the incident has been reported to campus officials, and includes:

  • A brief description of the incident with non-identifying language in order to protect the identity of the victim(s).
  • Information or description of the perpetrator still at large.
  • Information about a campus contact where community members can report additional information related to the incident. Methods of circulation of a Hate Incident Notice may include but are not limited to:
    • Safety alerts from campus Security on brightly colored paper, posted on all official campus bulletin boards.
    • Noticed in campus news sources such as the MacWeekly, Bulletin, TODAY, and Announce- L e-mail.
    • In response to a severe incident, such as a physical assault or death threat, an immediate all- campus notice should be sent to the community through campus mail.
    • In response to a severe incident, a campus dialogue should be called.

12.1.3 Racial Harassment Policy

It is the fundamental belief of Macalester College that the process of learning is best achieved in a community that recognizes and reflects diversity and encourages the open and frank exchange of ideas. Racial harassment can stifle the learning process and discourage that exchange. Macalester College is committed to assuring that students, faculty and staff enjoy an educational environment and a work setting that promotes respect for cultural values and racial differences.

The College believes that intentional behavior by a member of the College community (faculty, staff or student) that interferes with the full participation in the College community by another member, whether by threats, intimidation, harassment or other acts which are disruptive to participation in the college life, is unacceptable.

The College recognizes the complexity of defining language and actions that are not acceptable in a community which values freedom of expression. Freedom of expression does not include the right to intentionally and maliciously aggravate, intimidate, ridicule or humiliate another person. In defining racial harassment, it is necessary to consider the knowledge, intention and willingness of the individual alleged to be guilty of harassment.

Definition

At Macalester, racial harassment is defined as verbal, written or physical conduct which refers to one's race and where such conduct has the purpose or effect of unreasonably interfering with an individual's academic, social or work related participation in the College community.

Racial harassment can include, but is not limited to, hostile or intimidating racially oriented verbal or written statements or symbols, physical threats or intimidating conduct that adversely affects the mental or emotional health of the individual and that interferes with a person's ability to function successfully in her or his academic, work or social life at Macalester College. The definition of harassment includes speech and physical acts which are intended to insult or stigmatize an individual or group of individuals on the basis of their race or color or speech that makes use of "fighting" words or non-verbals. Speech or an act of racial harassment need not be addressed directly to an individual or group of individuals when it insults or stigmatizes. A member of the College community who knowingly, intentionally and willfully participates in activities defined as racially harassing shall be considered in violation of this policy and shall be subject to disciplinary proceedings.

Procedures

Macalester College adopts procedures to ensure that complaints of racial harassment will be dealt with in a fair and effective manner and to promote an atmosphere in which racial harassment will be discouraged.

When a member of the Macalester community believes they have experienced racial harassment, the individual should immediately bring the concern to a member of the Macalester College Harassment Committee (MCHC). The next course of action, which could include mediation, investigation or a finding that the complaint does not constitute an alleged violation of College policy, will be determined. (See Section 12.1 for more information on the complaint procedures.)

As an educational institution placing value on the teaching/learning relationship that exists among faculty, students and staff, and as an institution that intentionally recruits a diverse student body, the intent of the College is to provide procedures that enhance racial understanding while correcting unacceptable behavior. Racial harassment will not be tolerated.

12.1.4 Sexual Harassment and Sexual Violence Policy

Sexual Harassment: Definition

Sexual harassment involves a wide range of verbal and non-verbal behaviors which impose unwelcome sexual attention on an individual. Sexual harassment is unacceptable, may be subject to college discipline and may be subject to criminal proceedings.

Unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when:

  • submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment or education; or
  • submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or
  • that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or education, or creating an intimidating, hostile employment or educational environment.

The above refer to forms of sexual harassment that occur between people in unequal positions of power. Behavior or speech of a sexual nature, or which employs sexual stereotypes or generalizations which adversely effects the academic or employment climate can be sexual harassment. Harassing behavior can be addressed to an individual or it may be more general sexual or sexist behavior or comments, in or out of the classroom or workplace, to a group of people.

Incidents of unwelcome sexual attention that occur between persons in equal positions of power, such as student/student, will also be addressed.

Sexual Harassment Behaviors

The following behaviors may constitute sexual harassment:

  • Use of any offensive or demeaning terms which have sexual connotations including those contained in jokes and humor;
  • persistent unwelcome remarks about another person's clothing, body or gender;
  • repeated, unwelcome invitations to social engagements;
  • attempts of coercion to a sexual relationship;
  • any indication that an employee's job security, job assignment, conditions of employment or opportunities for advancement depend on the granting of sexual favors; threats to punish an employee or student for refusal to comply with demands for sexual favors;
  • objectionable touching;
  • verbal harassment or abuse of a sexual nature;
  • deliberate or careless creation of an atmosphere of sexual harassment or intimidation.

Procedures

When a member of the Macalester community believes they have experienced sexual harassment, the individual should immediately bring the concern to a member of the Macalester College Harassment Committee (MCHC). The next course of action, which could include mediation, investigation or a finding that the complaint does not constitute an alleged violation of College policy, will be determined. (See Section 12.1 for more information on the complaint procedures.)

The College is aware of the importance of handling allegations of sexual harassment with sensitivity and to the degree possible, privacy. There will be no reprisals against an individual or individuals filing a sexual harassment complaint, no matter what process is used for resolution.

Sexual Violence/Unwanted Sexual Activity

Sexual violence involves unwelcome physical contact, real or threatened, with a person's bodily orifices (anal, oral, or vaginal), buttocks or breasts or the clothing touching these areas. Sexual violence includes the use of force or coercion, with or without the use of a weapon, to accomplish sexual penetration or sexual contact.

Sexual violence is unwelcome sexual contact to which there has been a lack of consent at the time of the activity. Lack of consent means that a person has not voluntarily agreed to engage in a sexual act. The lack of consent applies to instances when a person is unable to give informed consent because of sleep or influence by alcohol and other drugs. Influence by alcohol and other drugs will not lessen the responsibility of the alleged.

Sexual violence can occur against both males and females. It may be perpetrated by an assailant not known to the victim, or may occur when the victim knows his or her assailant, as in the case of "acquaintance" or "date" rape. Sexual violence is unacceptable regardless of the relationship. Perpetrators of sexual violence may be subject to disciplinary action by the College. Sexual violence can be a felony and may be subject to criminal action.

Immediate Action

Any victim of sexual assault should seek immediate medical and emotional assistance. Assistance is available by calling (911), the St. Paul Police (651-291-1111), Campus Security (651-696-6555), the College Crisis team member on call (612-538-6503), SOS Crisis Line (651-298-5898) or Region Hospital (651-221-2121). Campus Security will help victims with initiating police contact and will assist with transportation arrangements to the hospital. Residence Hall Directors and Campus Security Officers carry vouchers for cab rides for medical assistance.

Reporting a Sexual Assault

When a member of the Macalester community believes they have experienced sexual violence, the individual should immediately bring the concern to a member of the Macalester College Harassment Committee (MCHC) or Campus Security. Reporting the incident allows College personnel to assist with providing services for psychological and medical attention, and other available support. The members of the MCHC and Campus Security will encourage and help the victim file a complaint with the St. Paul Police, when requested. Reporting an incident to the MCHC or Campus Security does not mean an automatic report to the police or referral to the College procedures. The MCHC member will explain the procedures and options available to the victim. These options include mediation or referral to the College Conduct Board or referral to civil authorities. Based upon the details of the situation, the College tries to be flexible to allow for the best possible resolution while still maintaining a sense of process and continuity.

The College is required by the Student Right to Know and Campus Security Act of 1990 to make public the statistics of certain crimes occurring on campus. The Director of Environmental Safety and Security is the College's designee for compiling the number of sexual offenses that occur on College property. Victims of sexual offenses and College personnel are to report knowledge of sexual violence occurring on campus property to the Director of Environmental Safety and Security. The Director uses the information only for compiling the numbers. The Chaplain, licensed counselors, and licensed medical staff can talk about sexual assault and are not obligated to report the incident to the Director.

Filing a Formal Complaint

A faculty, staff, or student complaint may be brought to any member of the MCHC. Formal complaints should be in writing, and contain, to the extent possible, the specific nature and effects of the conduct in question, the time and circumstances in which it occurred, and the names of other persons who may have relevant information. The complainant is encouraged to write the document themselves, however, a member of the MCHC may interview the complainant and write the statement on his/her behalf. In such cases the complainant will be able to read and suggest corrections to the document. The complainant is required to sign a formal complaint before it will be brought forward for further action. The investigating member of the MCHC will advise the complainant of the likely scope and nature of the investigation and the procedures that will apply if formal charges are brought. In addition, the complainant will receive a copy of this policy and other appropriate materials pertaining to their status as student, faculty or staff.

Complaints will be treated confidentially to the extent permitted by this policy's reporting requirements and the College's need to investigate and resolve the reported problem. If at all possible, especially during the investigation of the complaint, the complainant's identity will not be disclosed without the complainant's consent. However, disciplinary action cannot be taken without information the respondent of the complainant's identity, unless the charges could be effectively rebutted without knowing who made them. The College may need to initiate a disciplinary action, even if the complainant does not request it, because the College has an obligation to resolve any reported harassment problem, including sexual harassment.

Victims Services

All victims have access, when appropriate, to the following services and assistance:

  • File criminal charges with local law enforcement.
  • Assistance by Macalester authorities upon request by the victim, including notifying law enforcement agencies.
  • Contact the Minnesota Crime Victim Ombudsman for assistance. The Ombudsman helps to ensure a victim's rights are safeguarded.
  • Contact the Minnesota Crime Victims Reparation Board. The Board may provide monetary compensation for certain crime victims.
  • An investigation and resolution of complaints of sexual violence through the Macalester disciplinary and judicial procedures.
  • The victim's participation in and the presence of the victim's attorney or other support person at any campus disciplinary proceeding.
  • Notice of outcome of a disciplinary hearing consistent with state and federal law and Macalester procedures.
  • Assistance of Macalester authorities in obtaining and maintaining evidence.
  • Assistance of Macalester authorities in preserving materials relevant to a campus disciplinary hearing.
  • Change of victim's on-campus housing and classroom schedule, if those changes are requested by the student and are reasonably available.

Resources For Victims

  • Safety and Security Office 651-696-6555
  • Dean of Students Office 651-696-6220
  • Crisis Team Pager 612-538-6503
  • Macalester College MCHC members
  • Residential Life Office 651-696-6215
  • Winton Health Services 651-696-6275
  • Macalester Safe Walk Program 651-696-6699
  • Sexual Offense Services [crisis line] 651-643-3022
  • St. Paul Police 911
  • Region Hospital 651-254-0855
  • MN Crime Victims Ombudsman 651-282-6258
  • Crime Victims Reparation Board 651-201-7300
  • EAR (Employee Assistance Program) 1-800-854-1446

12.1.5 Computer Harassment

Incidents of computer harassment should be reported to the Associate Vice President for Information Technology Services. Immediate steps will be taken to prevent the receipt of offending messages while the complaint is investigated. Computing's initial response will be educational with a goal of having the behavior cease. Electronic harassment between members of the Macalester community, or if a member of the community harasses someone at another institution, the matter will be handled according to the the College Harassment Complaint Procedures (Notify a member of the Macalester College Harassment Committee by calling 651-696-6990.)

Macalester College takes computer harassment seriously and will take steps to deal with it promptly when it is reported. Complete procedures for response to incidents of electronic harassment are available from Information Technology Services staff or the Dean of Students. The Information Technology Responsible Use Policy is in the Employee and Student Handbooks.

12.1.6 Animals on Campus

Pets on Campus

Employees are not allowed to bring pets to the workplace. During business hours, the College receives many guests, and in some cases, guests may have a fear of animals, whether justified or not. In addition, guests or employees may have a susceptibility to an allergic reaction to an animal. The College endeavors to provide a welcoming setting for guests and employees, and the presence of animals is inconsistent with the atmosphere that the College is trying to provide. Also, many times outside of business hours, the College's maintenance personnel may be working in the buildings and the surprise of the presence of an animal may cause injury to an employee engaged in work activity.

(NOTE: College grounds are considered common, non-working space; however, Macalester employees work to maintain the grounds. Employees are asked to use discretion, and to maintain control, when bringing pets on College grounds during non-working times.)

Service/Assistance Animals on Campus

Macalester College recognizes that service/assistance animals can play an important role in facilitating the independence of some individuals with certain types of disabilities. Therefore, an appropriately trained animal, under the control of its partner/handler, may be allowed in campus facilities where animals would typically not be permitted.

The health and safety of Macalester College students, faculty, staff, and the service animal is an important concern; therefore, only service animals that meet the criteria described below will be exempt from the rules that otherwise restrict or prohibit animals.

Definitions

Adopted from Americans with Disabilities Act, Section 36.104 of the 1991 title III regulation

Service animal - any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

Companion/Therapy animal –The Department of Justice states that "animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals." And, therefore, do not qualify for the same legal protection. A pet can be considered a companion or therapy animal. A therapy animal does not assist an individual with a disability in the activities of daily living. The therapy animal does not accompany a person with a disability all the time, unlike a trained service animal that is always with its owner. Thus, a therapy animal is not covered by laws protecting service animals and giving rights to service animals. Employees are not normally allowed to bring companion/therapy animals to the workplace.

Requirements of service animals and their owners include:

  • Dogs must be licensed in accordance with city regulations and wear a valid vaccination tag.
  • Any other animals that are trained for service to a person with a disability must have vaccinations appropriate for that type of animal.
  • Service animals must be in good health. Any service animals occupying college housing must have an annual clean bill of health from a licensed veterinarian.
  • Owners must provide verification that the service animal meets minimum training standards from a recognized school for service animals must be provide.
  • The service animal must wear some type of easily recognized identification symbol (i.e., harness, backpack). The owner of the service animal must be in full control of the animal at all times.
  • The owner is responsible for appropriate waste clean-up and overall cleanliness of the service animal.
  • The service animal owner is responsible for the appropriate management of his or her animal in all college facilities. Disruptive and/or aggressive behavior on the part of the animal may result in the owner being asked to remove the service animal from college facilities.

12.1.7 Telephone Use

You are welcome to use college phones to make a limited, reasonable number of local calls, the duration of which is not so long as to interfere with your work. You may make long distance calls when necessary but only after arranging to charge a personal account, e.g., via a prepaid card or an 800# call to your home carrier.


12.1.8 Firecrackers, Sparklers and other Pyrotechnic Devices

Firecrackers, sparklers and any other pyrotechnic devices may not be purchased for use, stored in any campus building, or used on campus property.

The following exception may be allowed with pre-approval by the Safety and Security Office: firecrackers, sparklers, and other pyrotechnic devices may be purchased by a college purchase order and used on college grounds by approved vendors that are properly licensed by the State of Minnesota and/or the City of St. Paul and are fully insured (with proof of insurance submitted to the Safety and Security Office.) For more information please contact the Safety and Security Office.

12.1.9 Policy Regarding Weapons on Campus/Violence

Macalester College policy restricts the possession by employees of weapons of any kind, including firearms, pistols and guns, on College property or while acting in the course and scope of their employment. Macalester College does not tolerate acts or threats of violence.

  1. All employees are prohibited from carrying or possessing firearms, guns, (including but not limited to pistols) and weapons of any kind while on College property.
  2. All employees are also prohibited from carrying or possessing firearms and guns (including but not limited to pistols) and weapons of any kind at all times in all places while engaged in the course and scope of their employment, including when operating College vehicles or otherwise representing the College.
  3. Acts of violence or threats of violence on College property or while acting in the course and scope of employment are prohibited.
  4. Violations of this policy will result in disciplinary action, up to and including immediate termination of employment for the first offense.
  5. Employees are expected to report violations of this policy to the Security office, or a member of the Employment Services Department, or any College employee in a management or supervisory position.

12.1.10 Wage Disclosure Policy

An employee’s wages are personal. Each employee has the right to keep his or her wage information private or to choose to share his or her wage information with others.

Macalester College will not take any adverse employment action against an employee who chooses to disclose his or her own wages to others, or who discusses another employee’s wages if the other employee has already disclosed those wages to the employee.

However, nothing in this policy creates an obligation on the part of any employee to disclose his or her wages. Employees are free to refrain from such discussions and may not be subject to retaliation of any kind for choosing not to discuss his or her wages.

Nevertheless, nothing in this policy permits employees to disclose proprietary information, trade secret information, or information that is otherwise subject to a legal privilege or protected by law. For example, nothing in this policy permits employees to disclose patient information protected by HIPAA or other similar state laws / confidential company financial information / intellectual property / etc.

This policy does not permit an employee to disclose wage information of other employees to a competitor of Macalester College. This policy also does not diminish any existing rights under the National Labor Relations Act.

Any suspected violations of this policy by Macalester College or another individual should be reported immediately to the Director of Employment Services. Consistent with Macalester College’s Non-Retaliation Policy, employees who make good faith reports are protected from adverse employment action.

An employee who believes his or her rights regarding wage disclosures have been violated may bring a civil action under Minn. Stat. § 181.172. Macalester College will not retaliate against an employee for asserting rights or remedies pursuant to Minn. Stat. § 181.172.

If you have any questions about this policy, please contact the Director of Employment Services.