Whether you are a new hire or a former employee returning to Kenyon College, you may feel a little strange in your new surroundings. This is a normal feeling and is expected. Your fellow employees, especially your supervisor, want to help you get off to a good start. Feel free to ask them for help concerning anything you don't understand.
One of the first things you should do is carefully read this Handbook. It is designed to answer many of your questions about the practices and policies of Kenyon College, what you can expect from Kenyon College, and what Kenyon College expects from you.
- Anniversary Date
- At Will Employment
- Business Hours
- Complaint Resolution Procedures
- Confidential Information
- Criminal and Motor Vehicle Background Checks
- Customer Relations
- Driver's License and Driving Record
- Elimination of a Position
- Equal Employment Opportunity Statement; Statement on Discrimination
- Former Employees
- Guidelines For Exempt Administrative Staff Recruitment and Hiring
- Harassment Policy Statement
- What Is Discriminatory Harassment?
- Discrimination and Discriminatory Harassment Policy
- Sexual Harassment
- How You Were Selected
- Introductory Period
- Outside Employment
- We Need Your Ideas
The first day you report to work is your "official" anniversary date. Your anniversary date is used to compute various conditions and benefits described in this Handbook.
All employment and compensation with Kenyon College is "at will" which means that your employment can be terminated with or without cause, and with or without notice, at any time, at the option of either Kenyon College or yourself, except as otherwise provided by law.
Our regular office operating hours are 8:30 A.M. to 4:30 P.M. Monday through Friday.
Your particular hours of work and the scheduling of your lunch period will be determined and assigned by your supervisor or department head. Most employees are assigned to work a thirty-five (35) hour work week. You are required to take a one (1) hour unpaid lunch period daily; please understand that you may not "work through lunch" in order to arrive late or to leave early or to work extra time unless this request is made and approved in advance by your supervisor.
Informal review of work-related problems
Kenyon College encourages open and honest communication among its employees.
In many cases, work-related problems are the result of poor communication or a misunderstanding that can be resolved through additional discussion and agreement.
If you have a work-related complaint, please bring it to the attention of your immediate supervisor. Your supervisor has a responsibility to see that your problem is resolved as quickly as possible. If you still have a complaint after discussing the problem with your supervisor, you are encouraged to use the formal procedure as outlined below. In addition, you may use the services of the College Ombudsperson as a resource to help you explore flexible, creative solutions to the problem. Informally discussing your problem with the Ombudsperson does not preclude you from pursuing a formal complaint.
Formal Complaint Resolution Procedure
The College has established a formal Complaint Resolution Procedure which will enable employees to express their concerns and to seek solutions concerning disagreements arising from working relationships, working conditions, discipline and/or discharge, employment practices, or the interpretation of College policies. This procedure is intended to provide employees with a framework through which they may address work-related issues in an environment of civility and mutual respect.
Things to remember:
- You have the right to express a complaint and expect a fair resolution without the fear of jeopardizing your employment status.
- Confidentiality will be maintained to the extent possible during the processing of a complaint consistent with the need to thoroughly investigate the complaint and meet legal obligations.
- You may request the presence of another Kenyon College employee as a support person during any meetings with College officials to discuss your complaint.
- For complaints of sexual harassment please refer to the Sexual Harassment Policy .
- If you are uncomfortable discussing your complaint with your supervisor, or if your complaint is about your supervisor, you may present it to the Division Head OR start with Step Two of the formal complaint resolution procedure.
Steps in the Formal Complaint Resolution Procedure
Step One: To initiate the formal complaint resolution procedure, please present your supervisor with a written and signed complaint and forward a copy to Human Resources. (If the complaint is about your supervisor, you may present it to the Division Head OR proceed directly to Step Two.) Your supervisor will respond in writing and forward a copy of the response together with a copy of the complaint to Human Resources within ten (10) working days of receiving the complaint from you.
Step Two: If you are not satisfied with the response given by your supervisor or if you choose to bypass the supervisor and/or division head, you may submit your complaint in writing to the Director of Human Resources. The Director of Human Resources will review the problem with you, your supervisor, the Department and/or Division Head and other persons involved, in an effort to resolve the problem. The Director of Human Resources must investigate and respond in writing within ten (10) working days of receiving the written request for review of the complaint.
Step Three: If you are not satisfied with the response given by the Director of Human Resources, you may submit a written request for appeal to the President. The request for an appeal must be submitted to the President within ten (10) working days from the date a written response was issued by the Director of Human Resources.
Your appeal will be reviewed by a special committee appointed by the President to be convened within ten (10) working days after receipt of the appeal request. The special committee will consist of the Co-Chairs of The President's Advisory and Communications Team (PACT) and a member of Senior Staff (not from the Division of the complaintant). In the event that a conflict of interest is declared, the President will appoint a replacement to the special committee from PACT. The three-person committee will review all pertinent written documentation of the complaint and decide whether the investigation includes a formal meeting of the parties. The committee will advise the President of their findings and recommendations within ten (10) working days of the date they were first convened. The President will take those recommendations under advisement for her/his final decision. The President will issue a written decision in the matter within fifteen (15) working days of receiving the recommendation from the special committee and a copy shall be forwarded to you at that time. A copy of the report together with the written complaint will be placed in your personnel file. The President's decision shall be the College's final action on the complaint.
Timeliness. The time periods prescribed in the above procedure are intended not as rigid rules, but rather as guidelines to which all are expected to adhere diligently and in good faith. Officials responsible for the administration of the Complaint Resolution Procedure retain the prerogative to exercise reasonable discretion to extend or waive deadlines when necessary or appropriate.
Our students, as well as their parents, and our employees, donors, alumni and other persons affiliated with Kenyon College may entrust us with information which may be confidential. The nature of this relationship requires maintenance of confidentiality. In safeguarding the information received, Kenyon College earns the respect and further trust of our patrons.
Confidentiality of College Business Information
During your employment with the College, you may have access to confidential business and proprietary information (together called "College Business Information") that are disclosed to you or made known to you as a consequence of or through your employment relationship with the College. Some College Business Information you will need to perform your job duties. You must limit your dissemination or discussion of College Business Information to and with only those individuals with a College business need to know. College Business Information includes, but is not limited to, the following types of information: financial records, research, trial data, reports, memorandums, contracts, computer programs, technology, tuition and services pricing, purchasing, marketing materials, fundraising data including donors and their donations, vendor contracts, and employment records, including those pertaining to compensation and benefits (other than your own and matters not confidential under the National Labor Relations Act). College Business Information also includes medical records (other than your own if and as you choose to disclose same) as well as the confidential and proprietary information of third parties with which the College does or seeks to do business and which is disclosed to you as a part of that business or prospective business relationship. College Business Information may result from many sources and may take various forms (paper, verbal, electronic, etc). College Business Information does not include information generally made available to the public by the College in the ordinary course of business or by specific authorization or otherwise published and released by the College to the public.
You must protect the confidentiality of College Business Information and shall not directly or indirectly access, use, or disclose such College Business Information without the written authorization of the head of your Division, except as required for you to properly perform your job duties or as required by law (and in the this latter case, only with prior written notice to your supervisor). To the extent that you are permitted to access College Business Information remotely, you are responsible for ensuring the privacy of such information at any remote location, and you agree not to store College Business Information on non-College computer systems. Even casual remarks can be misinterpreted and repeated, so develop the personal discipline necessary to maintain confidentiality. If you hear, see or become aware of anyone else violating this policy, please contact the Office of Human Resources. Your employment with Kenyon College requires an obligation to maintain the confidentiality of College Business Information even after you leave our employ.
Confidentiality of Student Records
Kenyon also maintains the confidentiality of student records. Neither such records, nor personally identifiable information contained therein, shall be disclosed except as authorized by federal law. For more specifics, see http://www.kenyon.edu/x11744.xml.
Destruction of Records That Are Confidential as Described Above
You must follow the proper procedures (such as shredding) for destroying College Business Information and student records.
Any violation of this Confidential Information policy may seriously injure Kenyon College's reputation and effectiveness and may expose the College to liability. If you are questioned by someone outside the College or your department and you are concerned about the appropriateness of giving them certain information that is confidential under this policy or whether the College considers the information sought as being covered by this policy, remember that you are not required to answer, and in such circumstance, we do not wish you to do so. Instead, as politely as possible, refer the request to your supervisor or to the head of your Division.
Other than in the course of properly performing your job duties, you may not remove or make copies of any Kenyon College Business Information or student records without prior management approval.
Because of its seriousness, violation of this Confidential Information policy can lead to dismissal.
To determine eligibility for employment or continued employment, the College has the right to check the criminal records of any employee or applicant for employment. In addition to a criminal background check, persons holding positions entailing the operation of Kenyon vehicles will be subject to a check of their driving records, and persons holding positions by which they can materially affect College assets will be subject to credit checks.
Consideration will be given to the relationship between a conviction and the responsibilities of the position that is or will be held. A relevant job-related conviction is grounds for termination of employment or non-selection of an applicant.
Positions for which criminal background checks can be performed include, but are not limited to, the following: accounting, bookstore, library and information services, gift processing in the development office, security, senior staff, and student affairs, including all coaches. Also included are future employees of the maintenance department.
Falsification of application materials, including failure to disclose any convictions, is grounds for termination of employment or non-selection of an applicant. All Kenyon employees, including faculty members, must notify the Office of Human Resources within five days of a conviction for a felony, first or second degree misdemeanor, or any drug, alcohol, or sex-related offense. Failure to report such conviction is grounds for disciplinary action up to and including termination of employment or non-selection of an applicant. Supervisors should notify the Office of Human Resources immediately upon being informed of any such conviction.
The success of Kenyon College depends upon the quality of the relationships between Kenyon College, our employees, our students, their parents, alumni(ae), our suppliers, the general public and others. Our customers' impression of Kenyon College and their interest and willingness to obtain services from us is greatly formed by the people who serve them. In a sense, regardless of your position, you are an ambassador for Kenyon College. The more goodwill you promote, the more our customers will respect and appreciate you and the unique educational experience that Kenyon College provides.
Here are several things you can do to help give customers a good impression of Kenyon College:
1.Act competently and deal with customers in a courteous and respectful manner.
2.Communicate pleasantly and respectfully with other employees at all times.
3.Follow up on calls and questions promptly, provide businesslike replies to inquiries and requests, and perform all duties in an orderly manner.
4.Take great pride in your work and enjoy doing your very best.
These are the building blocks for your and Kenyon College's continued success. Thank you for adding your support.
Employees whose work requires operation of a motor vehicle must present and maintain a valid driver's license and a driving record acceptable to our insurer. You may be asked to submit a copy of your driving record to Kenyon College from time to time. Any changes in your driving record must be reported to your supervisor and the Office of Human Resources immediately. Failure to do so may result in disciplinary action, including possible dismissal. If driving a College vehicle you must be a "certified" driver.
Note: See "Use of Company Vehicle" in the "Other Policies" section of this Manual for further information.
Driver Certification and Training Policy
Only certified employees and students are permitted to drive College vehicles. To be certified as a driver one must:
1. Be at least 18 years of age to drive a College car or minivan; be at least 21 years of age to drive a fifteen-passenger van.
2. Possess a valid driver's license.
3. Have fewer than six traffic violation demerit points under state of Ohio rules.
4. Have no chargeable accidents within the last 24 months.
5. Have no convictions on record for driving under the influence of alcohol or drugs, or other major traffic violations such as reckless operation, hit/skip, driving under suspension, or fleeing from a police officer.
6. Attend a defensive driving class sponsored by the College and pass an exam. In order to drive a fifteen-passenger van, also successfully complete an on-the-road training program.
Potential drivers are asked to fill out the application form (which can be obtained at the Office of Campus Safety) and submit a copy of their driver's license. Campus Safety will run an initial check of the motor vehicle record for each applicant and our insurance carrier will carry out random checks on the driving records of all certified drivers. The College reserves the right to rescind the driving privileges of any applicant making false statements on the application form.
Applicants should contact the Office of Campus Safety to find out when the defensive driving class will be offered and to arrange for on-the-road training for fifteen-passenger vans.
If the College makes the determination to eliminate a position and conclude the employment of the employee holding that position without fault of that employee, the following should occur absent extenuating circumstances:
1. The supervisor will meet at least once with the employee to explain why the decision was made;
2. The employee will receive a minimum of 30 days notice that his/her position is being eliminated;
3. Any employee working in a position scheduled to be eliminated who has completed a minimum of 90 days of continuous employment at Kenyon will receive the following severance pay:
- Up to five years of continuous service - one month of scheduled wages as severance pay
- Six to ten years of continuous service - two months of scheduled wages as severance pay
- Eleven or more years of continuous service - three months of scheduled wages as severance pay
In addition, the employee will continue to receive any applicable fringe benefits through the end of the severance pay period.
Kenyon College has a long standing record of nondiscrimination in employment and opportunity based on age, ancestry, disability, national or ethnic origin, race, religion, sex or sexual orientation. The President has issued the following policy statement regarding nondiscrimination:
Kenyon is committed to providing equal employment opportunity without regard to age, ancestry, disability, national or ethnic origin, race, religion, sex or sexual orientation and additionally, does not support discrimination on the basis of marital status, political belief or activity or status as a veteran. This policy applies to all areas of employment, including recruitment, hiring, training and development, promotion, transfer, termination, layoff, compensation, benefits, social and recreational programs, all other conditions and privileges of employment in accordance with applicable federal, state and local laws.
Equal employment opportunity notices are posted on appropriate employee bulletin boards as required by law. The notices summarize the rights of employees to equal opportunity in employment and lists the names and addresses of the various government agencies that may be contacted in the event that any person believes he or she has been discriminated against.
It is the practice and policy of Kenyon College to comply with all the relevant and applicable provisions of the Americans with Disabilities Act (ADA). Kenyon College will not discriminate against any qualified employee or job applicant with respect to any terms, privileges, or conditions of employment because of a person's physical or mental disability. Kenyon College also will make reasonable accommodation wherever necessary for all employees or applicants with disabilities, provided that the individual is otherwise qualified to safely perform the duties and assignments connected with the job and provided that any accommodations made do not require significant difficulty or expense.
Management is primarily responsible for seeing that Kenyon College's equal employment opportunity policies are implemented, but all members of the staff share in the responsibility for assuring that by their personal actions the policies are effective and apply uniformly to everyone.
Any employees, including managers, involved in discriminatory practices will be subject to discharge.
Depending on the circumstances, Kenyon College may consider a former employee for re-employment. Such applicants are subject to Kenyon's usual pre-employment procedures. To be considered, an applicant must have been in good standing at the time of their previous termination of employment with Kenyon and must have provided at least two weeks advance notice of their intention to terminate their employment with Kenyon College (and worked the term of their notice, see "Resignation").
Reinstatement of Benefits (Bridging)
In the event you return to work for Kenyon College, within twelve (12) months of termination of your previous employment with Kenyon, and you terminated your previous employment with Kenyon in good standing, your absence will be treated as if it were a Leave of Absence. You MAY be eligible to continue your benefits at the level you enjoyed them (commensurate with your new position) at the time of your termination of previous employment with Kenyon. Your original hire date will be used for the employee master files and for recognition purposes.
I. The Role of the Guidelines
Kenyon College is committed to the principle of equal employment opportunity, and these guidelines are designed to assist the College in honoring that commitment. When an administrative vacancy occurs at Kenyon, whether as a consequence of the departure of an incumbent or by virtue of being newly created, the position can be filled either by conducting a search to identify the new appointee or by promoting a current employee of the College. Ordinarily positions will be filled by searches, and the highest administrative positions will normally be filled by national searches. In this manner the College can be assured that it is drawing on the most qualified individuals. The College must, however, be responsive to the obligation to provide advancement opportunities for its own employees; so there will be occasions when the President, the Director of Human Resources, the Director of Equal Opportunity (DEO) and the relevant Senior Staff member may conclude that an internal promotion is in the best interests of the College.
II. The Search Authorization Process
Requests to begin a search are submitted through the online PeopleAdmin system.
- Requests should include a job description and a draft of the position advertisement with a list of the proposed membership of the search committee.
- Newly created positions will require the submission of a job description to Human Resources and the final approval of the President before a search may begin.
- After the position has been reviewed and approved by the DEO and the head of the division, the Director of Human Resources will publish the position to the Kenyon College website and approve it for distribution.
III. The Recruitment of Candidates
Placing the Advertisement
- Openings for all full-time positions of more than one year's duration will normally be advertised.
- The ad will include a description of the position, special qualifications and competencies desired, and the initial date for evaluating applications (normally up to thirty days from the initial appearance of the ad).
- The ad must be approved by the DEO and/or the Director of Human Resources before placement.
- Ad placement may include professional journals or newsletters, electronic listservers, publications that address issues of concern to under-represented persons in the workforce (including women/minorities); The Chronicle of Higher Education , and where applicable, graduate schools. It is appropriate to seek the advice of the DEO when ad placement decisions are being made.
Other Recruiting Sources
- Recruitment of candidates need not be limited to the running of advertisements. Written inquiries can be directed to institutions comparable to Kenyon, colleagues, and members of relevant professions outside of the academy. Phone contacts are also appropriate.
Part-Time or Temporary Positions
Part-time openings and openings for a duration of no more than a year should, in most cases, be advertised. However, advertising for these positions may be limited to Kenyon's employment web site and/or local or state publications, and the application deadline may be more immediate.
The Search Committee
- The Search Chair will appoint a committee to assist in the recruitment and assessment processes. Faculty members should be included in this advisory group when the position in question includes academic or student life responsibilities. Examples of this group's responsibilities include participation in the ranking of resumes/applications and the interviewing and assessment of candidates.
- When applications are directed to the search chair/committee or to the Office of Human Resources rather than submitted through the PeopleAdmin system, the search chair will contact the applicant and request that the application be submitted through PeopleAdmin.
- Whenever possible, recruitment and preliminary screening interviews should be conducted personally at professional meetings or, if necessary, by telephone.
- During campus visits by candidates who are women or members of minority groups, opportunity should be provided for them to meet with women or minority members who are currently in administrative and/or faculty positions at the College. The DEO can assist in making appropriate arrangements.
IV. Protocol for Searches with Internal Candidates
Because they are conducted with members of the Kenyon community, searches in which there are internal candidates deserve particular attention and consideration. As a general principle, internal candidates should undergo the same procedures (presentations, interviews, etc) as external candidates. However, to ensure the equitable treatment of all candidates (including internal candidates) during the search process, it is suggested that search committees adhere to the following recommendations:
- Internal candidates should be advised (particularly if he/she becomes a serious candidate for a position in a different department within the College) that the search committee will have access to his/her personnel file and that the candidate's current supervisor will be contacted as a reference.
- Communications sent in writing to external candidates should, if possible, be made in writing to internal candidates. In any case, all communications should be clear, unambiguous, and agreed upon by the department or search committee.
- The internal candidate should receive the same consideration and courtesy during the interview process as do the other candidates.
- An internal candidate should not be informed that he/she has not been selected for an interview until all confirmations are received from those who were selected. However, if the internal candidate is no longer being considered, it is only thoughtful and courteous to inform him/her of that decision.
- When a decision is made to offer a position to an external candidate, the internal candidate should not be informed until the offer has been made and accepted.
- A successful internal candidate should be given the same time frame in which to accept or reject the offer as an external candidate.
- No candidate, internal or external, should be given any details concerning the search committee's final decision.
Protocol for Searches Involving Spouses, Partners or members of the immediate family
In order to eliminate any potential for conflicts of interest, a person who is the spouse, partner or immediate family member of a candidate for a position may not serve as a member of the search committee.
V. The Assessment of Candidates
The Screening and Interview Process
- When the preliminary screening is complete, the Chair will consult with members of the search committee and complete the Top Ten Report which must be sent to the DEO to review for equal opportunity purposes. This report includes the names of the ten best candidates ranked from first to tenth. If the DEO wishes to discuss the equal opportunity implications of the list with the Search Chair, such discussion will be initiated promptly.
- Normally, the top three candidates will be invited to campus. Although the candidates invited will always be those having the best credentials, there may be cases in which two or more candidates are equally well qualified. In such cases the College's commitment to hiring a greater number of women and minority staff members should not be overlooked. No decision will be reached concerning any one of the candidates until all have been interviewed.
- When making housing arrangements for out of town candidates during the interview process, the College prefers that the Kenyon Inn be selected as the committee's first choice. However, should the Inn be booked, committees should feel free to make other choices and arrangements that are suitable and convenient for candidates.
- At the completion of the campus interviews, the Search Chair will consult with the committee and submit in writing to the Director of Human Resources, with a copy to the DEO, a copy of the Final Hiring Report which ranks the final three candidates interviewed, stating reasons in support of such. This discussion will ordinarily result in the tendering of an offer to a candidate which shall be discussed with the appropriate Senior Staff member and the Director of Human Resources.
VI. Record Keeping
Accurate records must be kept throughout the hiring process. The department conducting the search should keep copies of the hiring reports for four years immediately following the search. Applicants' dossiers will also be archived in the PeopleAdmin system. The DEO will also maintain a search file consisting of the Top Ten Report, Final Hiring Report, and a copy of all advertisements for a period of six years.
VII. Presidential Discretion
The President retains the authority to waive any of these procedures if it is concluded that the interests of the College are best served by such action.
- For example, a waiving for the procedures for assessing candidates might be appropriate if the testing of the external applicant pool through reliance on the recruitment procedures suggests that no external candidate is likely to be preferred to a known internal candidate.
- If it is determined that a vacant position must be promptly filled or in cases of sudden or last-minute openings a temporary appointment may be made. In most cases, a regular search will be conducted at the earliest appropriate time and the temporary appointee may choose to be a candidate in the regular search.
VIII. Checklist for Search
- Enter the job description, draft of position announcement and proposed search committee members on the PeopleAdmin system for approval by the DEO, Division Head and Human Resources.
- Discuss with DEO appropriate venues for advertising the position.
- Search committee to screen resumes/applications received; conduct preliminary screening interviews if desired.
- Submit the Top Ten Report listing ten best candidates to DEO.
- Decide on top three candidates, invite to Kenyon for personal interviews.
- Submit the Final Hiring Report, after on-campus interviews, ranking the final candidates.
- Contact the appropriate member of Senior Staff (Division Head) and the Director of Human Resources to discuss salary negotiations and offer to top candidate.
Kenyon College intends to provide a work environment that is pleasant, healthful, comfortable and free from intimidation, hostility or other offenses which might interfere with work performance. Harassment of any sort - verbal, physical, visual, sexual - will not be tolerated. Kenyon College is committed to free expression, free inquiry, honesty, tolerance and respect for the rights and dignity of others. Harassment is a very serious offense that can result in the imposition of severe disciplinary measures. Harassment is offensive to the principles of appropriate discourse and civil conduct. Indeed, it is a form of persecution that can cause extreme anguish and humiliation. It is unacceptable under any circumstances and will not be tolerated.
Those in positions of authority must recognize that in their relationships with subordinates and students there is always an element of unequal power. It is incumbent upon those with authority not to abuse the power with which they have been entrusted. Also, in order to encourage the free pursuit of learning, Faculty, Administrators and Staff members should be aware that romantic and sexual involvement with students over whom they have a direct or indirect authority is discouraged by Kenyon College.
Discriminatory harassment can take many forms. It may be, but is not limited to: words, signs, jokes, pranks, intimidation, physical contact, or violence. It also may include harassment that is sexual in nature or directed at the gender of another (as in sexual harassment).
Speech or other expression constitutes harassment by personal vilification if it:
a) is intended to insult or stigmatize an individual or an identifiable group of College-related individuals on the basis of their race, color, sex, age, disability, religion, sexual orientation, gender identity, national/ethnic origin and
b) is addressed directly to or at (though not necessarily in the presence of) the individual or individuals whom it insults or stigmatizes, and
c) makes use of words or nonverbal symbols that convey hatred or contempt for human beings on the basis of their race, color, sex, age, disability, religion, sexual orientation, gender identity, or national/ethnic origin.
Harassment may also be constituted by nonverbal acts that would also be punishable as, for example, vandalism, physical assault, or destruction of property. Other examples of harassment include epithets or "jokes" referring to an individual's group-based attributes; placement of offensive written or visual material on another's work area; offensive messages sent through e-mail; and undesired physical contact, physical violence, or threat of same.
Kenyon College aspires to create an environment where the worth and dignity of every individual is recognized, and where individuals' unique experiences and backgrounds are respected. Respect for difference and equality of opportunity are values to which the College strongly adheres. In today's environment, Kenyon faces the need to make absolutely clear its commitment to a community of mutual respect for difference, of understanding and tolerance and, concomitantly, its absolute rejection of bigotry and persecution. The following statement is universal; it covers a wide array of forms of discriminatory harassment.
The objectives of the College include the discovery of new knowledge, communication of knowledge through education, and the creation and sustenance of a community of scholars. All members of the Kenyon College community, whether students or employees, incur additional civic responsibilities by choosing to belong to this community. By accepting membership in this community, students and employees not only retain a right to free expression and free inquiry, but also accept a responsibility for honesty, tolerance, and respect for the rights and dignity of others.
In the context of this expectation for behavior, harassment and discrimination will not be tolerated. Harassment is a very serious offense, and can result in the imposition of severe disciplinary measures. Harassment, as defined, is offensive to the principles of appropriate discourse and civil conduct. Indeed, it is a form of persecution which can cause extreme anguish and humiliation. An individual, whether student or employee, who engages in harassment may be made subject to the applicable student or employee grievance and disciplinary procedures. Students or employees who experience harassment, as defined below, should report this experience to a discrimination advisor and discuss with this person strategies for responding. No member of this community should tolerate harassment.
Definition of Discriminatory Harassment
Speech or other expression constitutes harassment if it:
- is intended to insult or stigmatize an individual or an identifiable group of College-related individuals on the basis of their race, color, sex, age, disability, religion, sexual orientation, gender identity, national/ethnic origin and
- is addressed directly to or at (though not necessarily in the presence of) the individual or individuals whom it insults or stigmatizes, and
- makes use of words or nonverbal symbols that convey hatred or contempt for human beings on the basis of their race, color, sex, age, disability, religion, sexual orientation, gender identity, or national/ethnic origin. Harassment may also be constituted by nonverbal acts, which would also be punishable as, for example, vandalism, physical assault, or destruction of property. Other examples of harassment include:
- epithets or "jokes" referring to an individual's group-based attributes;
- placement of offensive written or visual material in or on another's living quarters or work area;
- offensive messages sent through email;
- undesired physical contact; and
- physical violence or threat of the same.
1. For verbal utterances to be punishable as harassment they must fall under the precise definition stated above. They must be directed at an individual or an identifiable group of College-related individuals (for example, the Black Student Union), must be uttered with an intent to insult or stigmatize, and must not be protected under any of the exempt categories, which are listed and described below. For example, however lamentable, the telling of racist jokes is not harassment unless directed at a member of the scorned group for the purpose of insulting or stigmatizing that person by his or her group membership. Similarly, group libel (e.g., "all Jews . . ."), however revolting, is not harassment by this definition if it is not directed at particular individuals or an identifiable group of College-related individuals.
2. The intention, design, or reason of the person charged with violating this policy may be inferred from that person's contemporaneous conduct or statements, before, during, and after the conduct or expression which is the subject of a complaint or grievance, including any racial, sexist, or similarly offensive slurs or epithets, and by the totality of the facts, circumstances, and conduct surrounding the subject conduct or expression. While the mere fact that some particular thing was uttered does not determine intention, prior knowledge that an expression or action is offensive is an indication of intent.
3. Exempt Categories: Because harassment can take the form of speech, it is necessary to clearly distinguish harassing speech from the protected speech which is vital to the intellectual enterprise of the College. Thus:
a. Speech that conveys reasoned opinion, principled conviction, or speculation is not harassment. For example, the assertions that "all whites are racist" or "affirmative action is wrong" or "Christians are foolish to believe . . ." are not harassment. Of course, the mere claim of engagement in reasoned opinion is not sufficient to lift the charge of harassment. For example, shouting racist insults under a residence-hall window at night cannot disguise itself as "reasoned opinion." However, debates, discussions, arguments, however lively, do not give grounds for harassment charges.
b. Political commentary and satire are not harassment. For example, satirical comments about the Laramie Project are not harassment. Putting a Confederate flag on one's own door would also not be harassment, however offensive it might be deemed by many. Again, the mere claim of political commentary or satire cannot excuse what is really harassment.
c. Speech that occurs in the ordinary course of classroom discussion and teaching is especially sacrosanct. That is, any opinion, including that of Hitler, for example, has to be allowed for discussion and even advocacy in the classroom. A racially-tinged tirade directed against a particular student or students, and unrelated to the academic content of the class, however, might be deemed harassment.
Initiating a discrimination or discriminatory harassment complaint against a staff member or administrator of the College:
A discrimination or discriminatory harassment complaint against an employee of the College (staff member or administrative member) may be submitted orally or in writing to any of the following individuals: the employee's supervisor, the division head, the Director of Human Resources, or the Director of Equal Opportunity.
Accusations of discrimination and or discriminatory harassment (on the basis of age, ancestry, disability, nation or ethnic origin, race, religion, sex, or sexual orientation) that are received by an employee's supervisor, division head, or the Director of Human Resources will be forwarded to the DEO (since it is the responsibility of the DEO to process complaints of discrimination at the College).
In cases of alleged discrimination or discriminatory harassment, the DEO will conduct an investigation to determine the facts of the case. The College is required by College policy and civil rights legislation to conduct a prompt and impartial investigation of discrimination complaints. Information regarding a complaint will be disclosed, however, only to the extent necessary to conduct an appropriate investigation, and otherwise will be kept confidential insofar as legally permitted. To ensure that a complainant's case is represented wholly and accurately, a written and signed statement from the complainant detailing the incident is strongly encouraged.
The DEO will inform the Director of Human Resources of the results of the investigation. The Director of Human Resources will ensure that appropriate action is taken, if warranted, and will notify both the complainant and the accused in writing of the results of the investigation, normally within ten days from receipt of the investigative report.
The person against whom the complaint was made (the accused) may appeal any action taken against him or her as a result of the investigation by following step 3 of the Complaint resolution Procedures described in this Handbook.
The range of sanctions for offenses of discrimination or discriminatory harassment may vary depending on the context of the offense, but will range normally from a Warning; to Mandatory Educational Training; to Disciplinary Probation; to Dismissal.
Initiating a discrimination or discriminatory harassment complaint against someone who does business with the College:
A discrimination or discriminatory harassment complaint against someone who does business with the College may be made orally or in writing to the Vice President for Finance and/or the Director of Equal Opportunity (DEO). If the case is referred initially to the DEO, the DEO will notify the Vice President for Finance of the charges. The Vice President for Finance in consultation with the DEO will be responsible for ensuring that a complete and thorough investigation is conducted and will take appropriate corrective action if warranted.
Initiating a discrimination or discriminatory harassment complaint against a faculty member by a staff member or administrator of the College:
Complaints alleging discrimination or discriminatory harassment of a staff member or administrator by a faculty member may be made orally or in writing to the Provost and/or to the DEO. If the case is referred initially to the DEO, the DEO will notify the Provost of the charges. The Provost will be responsible for ensuring that a complete and through investigation is conducted and will consult with the DEO during the process. In such cases, the policies and procedures as described in The Faculty Handbook will apply.
Initiating a discrimination or discriminatory harassment complaint against a student by a staff member or administrator of the College:
Complaints alleging discrimination or discriminatory harassment of a staff member or administrator by a student may be made orally or in writing to the Dean of Students and/or the DEO. If the case is referred initially to the DEO, the DEO will notify the Dean of Students of the charges. The Dean of Students will be responsible for ensuring that a complete and thorough investigation is conducted and will consult with the DEO during the process. In such cases, the policies and procedures as described in The Student Handbook will apply.
To the extent permitted by law, the College reserves the right to terminate its processing of a formal discrimination or discriminatory harassment complaint if the complainant submits the complaint to an external agency.
(Approved May 1990; last revised December 2012)
Kenyon's character as a community is measured in part by the kind of human relationships that are formed and sustained in the workplace. Our success, individually and collectively, depends in part upon how well we reflect the virtues of mutual respect, and concern.
Accordingly, Kenyon is committed to providing its employees a workplace that is free of sexual discrimination, including harassment on that basis. Sexual harassment is therefore strictly prohibited at Kenyon.
Guidelines of the Federal Equal Employment Opportunity Commission concerning discrimination on the basis of sex affirm that sexual harassment of employees is a violation of Title VII of the Civil Rights Act of 1964, as amended. Those guidelines state:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission or rejection of such conduct by an individual is used as the basis for employment decisions affecting such an individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
Many sexual harassment concerns or complaints in the workplace can be resolved by prompt, non-legalistic intervention (Please see the Tell Someone brochure for an expanded definition of sexual harassment and ways to address issues informally.) There are also persons in the community who are specifically trained to assist and support others who may need help with respect to issues of sexual harassment and they include any of the College counselors, the Director of Equal Opportunity (DEO) or a sexual misconduct advisor (See the Tell Someone brochure or the sexual misconduct advisor poster for the names of those serving currently in this capacity). If informal attempts to resolve an issue fail, the College will carefully review any concern or complaint alleging sexual harassment and take corrective action as appropriate.
Initiating a sexual harassment complaint against a staff member or administrator of the College:
A sexual harassment complaint against an employee of the college (staff member or administrative member) may be submitted orally or in writing to any of the following individuals:
The employee's supervisor
The division head
The Director of Human Resources
The Director of Equal Opportunity (DEO)
Since sexual harassment is a form of sex discrimination, all complaints received by an employee's supervisor, division head, or the Director of Human Resources will be forwarded to the DEO.
In cases of alleged sexual harassment, the DEO will conduct an investigation to determine the facts of the case. The College is required by College policy and the law to conduct a prompt and impartial investigation of sexual harassment complaints. Information in a sexual harassment complaint will be disclosed, however, only to the extent necessary to conduct an appropriate investigation, and otherwise will be kept confidential insofar as legally permitted. To ensure that a complainant's case is represented wholly and accurately, a written and signed statement from the complainant detailing the incident(s) is strongly encouraged.
The DEO will inform the Director of Human Resources of the results of the investigation. The Director of Human Resources will ensure that appropriate action is taken, if warranted, and will notify both the complainant and the accused in writing of the results of the investigation, normally within ten days from receipt of the investigative report.
The person against whom the complaint was made (the accused) may appeal any action taken against him or her as a result of the investigation by following Step 3 of the Complaint Resolution Procedures described in this handbook.
The range of sanctions for offenses of sexual harassment may vary depending on the severity and context of the offense, but will range normally from a Warning; to Mandatory Educational Training; to Disciplinary Probation; to Dismissal.
Initiating a sexual harassment complaint against someone who does business with the College:
A sexual harassment complaint against someone who does business with the College may be made orally or in writing to the Vice President for Finance and/or the Director of Equal Opportunity (DEO). If the case is referred initially to the DEO, the DEO will notify the Vice President for Finance of the charges. The Vice President for Finance in consultation with the DEO will be responsible for ensuring that a complete and thorough investigation is conducted and will take appropriate corrective action if warranted.
Initiating a sexual harassment complaint against a faculty member by a staff member or administrator of the College:
Complaints alleging sexual harassment of a staff member or administrator by a faculty member may be made orally or in writing to the Provost and/or the DEO. If the case is referred initially to the DEO, the DEO will notify the Provost of the charges. The Provost will be responsible for ensuring that a complete and thorough investigation is conducted and will consult with the DEO during the process. In such cases, the policies and procedures as described in The Faculty Handbook will apply.
Initiating a sexual harassment complaint against a student by a staff member or administrator of the College:
Complaints alleging sexual harassment of a staff member or administrator by a student may be made orally or in writing to the Dean of Students and/or the DEO. If the case is referred initially to the DEO, the DEO will notify the Dean of Students of the charges. The Dean of Students will be responsible for ensuring that a complete and thorough investigation is conducted and will consult with the DEO during the process. In such cases, the policies and procedures as described in The Student Handbook will apply.
To the extent permitted by law, the College reserves the right to terminate its processing of a formal sexual harassment complaint if the complainant submits the complaint to an external agency.
Allegations of Sexual Assault
Employees who believe they have been, or may have been, the victim of a sex crime are encouraged to consider filing charges in the Knox County criminal justice system. The Director of Safety, ext 5110, can advise employees of this process and can assist any employee who may want to file formal legal charges by contacting the appropriate person or persons in the local law enforcement community.
According to Ohio law, information about alleged felonies must be reported to civil authorities unless the information is shared with a physician, a member of the clergy, or a trained counselor, including the College's Sexual Misconduct Advisors (see the Tell Someone brochure for a list of names.) Like current employees, all College officers, including the president, provost, division heads, the Director of Human Resources, the DEO, faculty members (who are not sexual misconduct advisors), and members of the Security and Safety staff are obligated to report alleged felonies to the Knox County Sheriff's Department, usually through Kenyon's Department of Safety. As a practical matter, prosecuting attorneys will not typically bring charges against the accused in a sexual assault cases unless the accuser is willing to support the case and testify against the accused.
In compliance with appropriate Federal and Ohio laws, the College reserves the right to notify authorities and the local community of any threatening situation, and to take appropriate legal action without the consent of the victim.
The College reserves the right to take action regarding an employee whenever their activities are viewed as threatening or injurious to the well-being or property of members of the College community or to the orderly functioning of the College.
An employee charged with sexual assault may by prosecuted under Ohio criminal statutes and also be disciplined under the College's policies, rules and regulations. These actions are separate and are not dependent upon one another.
We carefully select our employees through written applications, personal interviews and reference checks where appropriate. After all relevant information was carefully considered and evaluated, you were selected to become a member of our team.
This careful selection process helps Kenyon College to find and employ people who are concerned with their own personal success and the success of Kenyon; people who want to do a job well and who can carry on their work with skill and ability; and people who are comfortable with Kenyon and who can work well with our team.
Your first ninety (90) working days of employment at Kenyon College are considered an Introductory Period. This Introductory Period will be a time for getting to know your fellow employees, your supervisor and the tasks involved in your job position, as well as becoming familiar with Kenyon College's policies and procedures. Your supervisor will work closely with you to help you understand the needs and processes of your job.
This Introductory Period is a try-out time for both you, as an employee, and Kenyon College, as an employer. During this Introductory Period, we will evaluate your suitability for employment, and you can evaluate us as well. As is true throughout your employment with the College, you may resign without any detriment at any time during your first 90 working days. Similarly, if, during this period your work attitude, attendance or performance do not measure up to our standards, we may release you. If you take approved time off in excess of five workdays during the Introductory Period, the Introductory Period may be extended by that length of time.
At the end of the Introductory Period, your supervisor will typically discuss your job performance with you. During the course of the discussion, you are encouraged to give your comments and ideas as well.
Please understand that completion of the Introductory Period does not guarantee continued employment for any specified period of time, nor does it require that an employee be discharged only for "cause."
A former employee who has been rehired after a separation from Kenyon College of more than one (1) year is considered an introductory employee during their first ninety (90) days following rehire.
If you are employed by Kenyon College in a full-time position, we will expect that your position here is your primary employment. Any outside activity must not interfere with your ability to properly perform your job duties at Kenyon.
If you are thinking of taking on a second job, it would be wise to notify your supervisor immediately. He or she will thoroughly discuss this opportunity with you to make sure that it will not interfere with your job at Kenyon nor pose a conflict of interest.
Effective 7/1/98, if you and members of your immediate family are employed by Kenyon College, one may not directly supervise the other. If problems develop in working relationships that were in place prior to 7/1/98 and the related employees are unable to develop a workable solution, the Director of Human Resources in conjunction with the Head of the Division will decide which employee may be transferred (if possible). For purposes of this section, your immediate family includes your spouse, your domestic partner, your children, your siblings, your parents, and your spouse's or domestic partner's children, siblings and parents.
Ask any of our employees who have worked with us for a long time and they will probably tell you of the many changes and improvements that have come about in their departments since they first joined us. We believe the person doing a job is in the best position to think of ways of doing it more easily, more efficiently, and more effectively. If you think of a better way of doing your job or the job of a fellow employee, discuss it with your supervisor, who will welcome your suggestions and ideas.
Note: See "Suggestions" in the "Other Policies" section of this Handbook for specific instructions on submitting suggestions.
Remember, there may be areas in Kenyon College's operation that can be improved. These could be in service, equipment, communications, safety, ways to reduce costs, losses, and/or waste, or other improvements you may see a need for. Please give us the benefit of your unique experience and thoughts. Also, make sure to document your innovations and money-saving efforts and have your supervisor attach them to your next evaluation.