Nondiscrimination Policy

Saint Anselm College Equal Opportunity, Harassment, and Nondiscrimination Policy for All Faculty, Students, Employees, and Third Parties

Effective August 1, 2024

1. PURPOSE

Saint Anselm College (“the College”) values and upholds the equal dignity of all members of its community. We are committed to providing an educational and employment environment that is free from discrimination based on protected characteristics. We are also committed to ensuring that individuals who report discrimination, or take part in the resolution of a claim, are protected from retaliation for doing so, consistent with federal and state law. 

This Saint Anselm College Equal Opportunity, Harassment, And Nondiscrimination Policy for All Faculty, Students, Employees, And Third Parties (“Policy”) prohibits discrimination in both employment and access to educational opportunities. “Discrimination” is an umbrella term that includes harassment. Therefore, this Policy prohibits any member of the College community from engaging in acts based on a person’s protected characteristic which deny, deprive, unreasonably interfere with or limit the education or employment of another Saint Anselm community member, or of a third party who is participating or attempting to participate in the College’s programs or activities. 

Upon notice of potential violations of this Policy occurring after August 1, 2024, we will promptly and effectively address the concerns using the resolution process set forth in Resolution Processes for Alleged Violations of Policy on Equal Opportunity, Harassment, And Nondiscrimination. For complaints of sex discrimination involving conduct that occurred prior to August 1, 2024, we will apply the resolution process set forth in the Saint Anselm College Policies on Harassment and Sexual Misconduct (old policy).

We recognize that issues arising under this Policy are difficult and, at times, may be contentious. We strive to balance the protected rights of all community members. 

2. NOTICE OF NONDISCRIMINATION

The College does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of actual or perceived age, citizenship status, color, creed, physical or mental disability, status as a victim of domestic violence, ethnicity, familial responsibilities, sex, gender, pregnancy and related conditions, race, religion, veteran or military status, and any other characteristic protected under applicable local, state, or federal law. The protections also apply to those opposing discrimination or participating in any grievance process within the College, with the Equal Employment Opportunity Commission, and/or other human/civil rights agency.

3. CONTACTS

The College has appointed the following individual(s), to coordinate compliance with federal and state civil rights laws. Collectively, these individuals are responsible for coordinating the College’s timely, thorough, and fair response, investigation, and resolution of all alleged prohibited conduct under this Policy. 

Marcie Vaughan
Executive Director, Equal Opportunity Programs and Title IX Coordinator
mvaughan@anselm.edu
603-641-7477
Second Floor, Alumni Hall

Molly McKean
Chief Human Resource Officer and Deputy Title IX Coordinator
mmckean@anselm.edu
603-641-7258
Third Floor, Alumni Hall

Susan Gabert
Vice President for Student Development & Mission and Dean of Students
sgabert@anselm.edu
603-641-7600
First Floor, Alumni Hall

Mark Cronin
Academic Dean and Associate Vice President for Academic Affairs
mwcronin@anselm.edu
603-641-7250
First Floor, Alumni Hall

The mailing address for the Compliance Team is:

Saint Anselm College 
100 Saint Anselm Dr. 
Manchester, NH 03102

4. JURISDICTION

This Policy applies to:

• Saint Anselm College’s education programs and activities (defined as including locations, events, or circumstances in which the College exercises substantial control over both the Respondent and the context in which the conduct occurred) and to circumstances where the College has disciplinary authority. 
• Off-campus discrimination that limits or denies a person’s access to the College’s education program or activities. The College’s ability to take responsive action may be limited to remedial steps if the Respondent is not subject to the College’s disciplinary authority. 

Additionally, the College may apply this Policy to off-campus conduct where the conduct alleged impacts a substantial Saint Anselm College interest. Examples include but are not limited to the following:

• Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law.
• Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student, employee, or other member of the campus community.

5. OUR ABILITY TO TAKE DISCIPLINARY ACTION

For disciplinary action to be issued under this Policy, the Respondent must be a faculty member, student, or employee at the time of the alleged incident.

If the Respondent is unknown or is not a member of the College community, the College will offer to assist the Complainant in identifying appropriate local resources and support options, and will implement appropriate supportive measures and/or remedial actions (e.g., persona non grata letter). The College can also assist in contacting local law enforcement if the individual would like to file a police report about criminal conduct. 

All vendors serving the College through third-party contracts are subject to the policies and procedures of their employers and/or to said policies and procedures to which their employer has agreed to be bound by their contracts. 

When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator or Chief Human Resource Officer can assist the Complainant in contacting the appropriate individual at that institution, as it may be possible to pursue action under that institution’s policies. 

6. ONLINE HARASSMENT AND MISCONDUCT

The College’s policies are written and interpreted broadly to include online manifestations of any of the behaviors prohibited below, when those behaviors occur in or have an effect on Saint Anselm College education program and activities, or when they involve the use of College networks, technology, or equipment. 

Although the College may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported to the College, it will engage in a variety of means to address and mitigate the effects

 

7. PROHIBITED CONDUCT

The sections below describe the specific forms of legally prohibited discrimination, harassment, and retaliation that are also prohibited under this Policy. When speech or conduct is protected by academic freedom, it will not be considered a violation of Policy, though supportive measures will be offered to those impacted. 

Where examples are provided below, they are intended to illustrate the types of conduct that might implicate this Policy. These examples are not exhaustive. As specified below, certain types of discriminatory harassment occur exclusively in connection with sex or gender.

A. Discrimination

Discrimination is an umbrella term that refers to situations when an individual is treated differently in their employment or participation in our education program or activity based, in whole or in part, upon the individual’s actual or perceived protected characteristic. Discriminatory harassment is a form of discrimination. Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed. 

Discrimination can take two primary forms:

1. Disparate Treatment Discrimination: Intentional treatment of a person, based on actual or perceived protected characteristic, that has the result of: 

• Excludes an individual from participation in;
• Denies the individual benefits of; or
• Otherwise adversely affects a term or condition of an individual’s participation in a College program or activity.

EXAMPLE: Providing higher pay to women than men for performing the same job is an example of disparate treatment discrimination. 

2. Disparate Impact Discrimination: Policies or practices that appear to be neutral but unintentionally result in a disproportionate impact on a protected group or person that: 

• Excludes an individual from participation in;
• Denies the individual benefits of; or
• Otherwise adversely affects a term or condition of an individual’s participation in a College program or activity.

EXAMPLE: Hiring more men than women as construction workers based on physical strength is an example of unintentional discrimination. 

B. Discriminatory Harassment (not based on sex)

Harassment based on a protected characteristic is a form of discrimination that is characterized by:

• Unwelcome conduct on the basis of actual or perceived protected characteristic(s), that
• based on the totality of the circumstances,
• is subjectively and objectively offensive, and
• is so severe or pervasive,
• that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity. 

C. Sex-based Discriminatory Harassment

Sex-based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex,¹ including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; sexual assault, dating violence, domestic violence, and stalking.

1. Quid pro quo occurs when:

• A person acting under the College’s authority,
• explicitly or implicitly conditions the provision any aid, benefit, or service provided by the College,
• on a person’s participation in unwelcome sexual conduct.

EXAMPLE: If a supervisor were to condition a subordinate’s promotion on the subordinate providing the supervisor sexual favors, that would be quid pro quo harassment. 

2. Hostile environment harassment is created by: 

• Unwelcome sex-based conduct, that
• based on the totality of the circumstances,²
• is subjectively and objectively offensive, and
• is so severe or pervasive,
• that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity. 

Stray remarks and conduct that is not severe or pervasive would not satisfy this definition. 

EXAMPLE: “Severe” relates to the egregiousness, or scale, of the conduct. “Pervasiveness” relates to the scope, or frequency, of the conduct. “Subjectively” offensive means that the Complainant was offended. The conduct at issue must also be “objectively” offensive, meaning that a reasonable person standing in the Complainant’s shoes would also be offended. 

3. Sexual Assault or Attempted Sexual Assault, which includes:

a. Rape

• Genital penetration, however slight, 
• without the consent of the Complainant,
• including instances where the Complainant is incapable of giving consent
  • because of their age
  • because of their temporary or permanent mental or physical incapacity.

b. Sodomy

• Oral or anal penetration, however slight, 
• of the Complainant by the Respondent
• without the consent of the Complainant, 
• including instances where the Complainant is incapable of giving consent
  • because of their age
  • because of their temporary or permanent mental or physical incapacity.

c. Sexual Assault with an Object

• Respondent’s use of an object or instrument
• to unlawfully penetrate, however slightly, the genital or anal opening
• of the body of the Complainant,
• without the consent of the Complainant,
• including instances where the Complainant is incapable of giving consent
  • because of their age
  • because of their temporary or permanent mental or physical incapacity. 

d. Fondling

• The touching of the private body parts (breasts, buttocks, groin) of the Complainant by the Respondent
• or causing the Complainant to touch the Respondent’s private body parts
• intentionally for a sexual purpose
• without the consent of the Complainant, 
• including instances where the Complainant is incapable of giving consent
  • because of their age
  • because of their temporary or permanent mental or physical incapacity.

e. Incest

• Nonforcible sexual intercourse between persons who are related to each other,
• within the degrees wherein marriage is prohibited by New Hampshire law. 

f. Statutory Rape

• Nonforcible sexual intercourse with a person, 
• who is under the statutory age of consent in New Hampshire.

4. Dating Violence: 

• Violence³ committed by a Respondent,
• who is in or has been in a social relationship of a romantic or intimate nature with the Complainant; and 
• where the existence of such a relationship shall be determined based on a consideration of the length and type of relationship.

5. Domestic Violence:

• Felony or misdemeanor crimes committed by a person who:
• is a current or former spouse or intimate partner of the Complainant under the family or domestic violence laws of New Hampshire or a person similarly situated to a spouse of the Complainant;
• is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner;
• shares a child in common with the Complainant; or 
• commits acts against a youth or adult Complainant who is protected from those acts under the family or domestic violence laws of New Hampshire.

6. Stalking:

• Engaging in a course of conduct⁴ on the basis of sex, that is,
• Engaging in a course of conduct⁴ on the basis of sex, that is, directed at a specific person that would cause a reasonable person⁵ to:
  • fear for the person's safety, or
  • the safety of others; or
  • suffer substantial emotional distress.⁶

D. Sexual Exploitation⁷

Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another, that does not constitute Sex-Based Harassment as defined above. Examples of Sexual Exploitation include, but are not limited to:

• Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
• Invasion of sexual privacy 
• Knowingly making an unwelcome disclosure of (or threatening to disclose) an individual's sexual orientation, gender identity, or gender expression
• Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography
• Prostituting another person
• Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing)
• Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
• Creating or disseminating synthetic media, including images, videos, or audio representations of individuals doing or saying sexually-related things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent (i.e., Deepfakes)

8. SANCTION RANGES

Sanctions can be assigned outside the ranges below based on aggravating or mitigating circumstances, the cumulative conduct record of the Respondent, or the totality of other relevant circumstances.

Sanction Range: A warning through expulsion or termination will generally be considered for the following substantiated conduct:

• Sex Discrimination
• Quid Pro Quo Harassment 
• Hostile Environment Harassment 
• Sexual Exploitation
• Retaliation

Sanction Range: Suspension through expulsion/termination will generally be considered for the following substantiated conduct:

• Rape
• Sexual Assault with an Object 
• Sodomy
• Fondling
• Incest

Sanction Range: Probation through expulsion/termination will generally be considered for the following substantiated conduct:

• Stalking
• Dating/Domestic Violence 

Where a pattern is found, it can be the basis to enhance sanctions, accordingly.

9. RETALIATION PROHIBITED 

Those who make a complaint or participate in a process under this policy are protected from retaliation. Retaliation is defined as follows: 

• Adverse action, including intimidation, threats, coercion, or discrimination, against any person,
• by the College, a student, employee, or a person authorized by the College to provide aid, benefit, or service under the College’s education program or activity,
• for the purpose of interfering with any right or privilege secured by law or this Policy, or
• because the person has engaged in protected activity, including reporting information, making a Complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or Resolution Process under this Policy and related Procedures.

10. STANDARD OF PROOF

The College uses the preponderance of the evidence standard of proof when determining whether a Policy violation occurred. This means that the College will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent is in violation of the Policy. 

11. FALSE ALLEGATIONS AND EVIDENCE

Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a determination of a Policy violation.

Additionally, witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation or resolution process can be subject to discipline. While the College may pursue Policy violations against those who make materially false statements in bad faith in the course of a resolution under this Policy or related Procedures, a finding that an individual is responsible for a violation is not sufficient to conclude that the individual has made a materially false statement in bad faith.

12. EMERGENCY REMOVAL/INTERIM ACTIONS/LEAVES

The College may act to remove a student Respondent accused of Sex Discrimination or Sex-Based Harassment from its education program or activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Threat Assessment Team using its standard objective violence risk assessment procedures, in consultation with the Dean of Students. 
When an emergency removal or interim suspension is imposed, wholly or partially, the affected student will be notified of the action, which will include a written rationale, and the option to challenge the emergency removal or interim suspension within two (2) business days of the notification. Upon receipt of a challenge, the Title IX Coordinator  will meet with the student (and their Advisor, if desired) as soon as reasonably possible to allow them to show cause why the removal/action should not be implemented or should be modified. 

This meeting is an administrative process intended to determine solely whether the emergency removal or interim suspension is appropriate, should be modified, or lifted. When this meeting is not requested within two (2) business days, objections to the emergency removal or interim suspension will be deemed waived. A student can later request a meeting to show why they are no longer an imminent and serious threat because conditions related to imminence or seriousness have changed. A Complainant and their Advisor may be permitted to participate in this meeting if the Administrator determines it is equitable to do so. 

An emergency removal or interim suspension may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Title IX Coordinator will communicate the final decision in writing, typically within three (3) business days of the review meeting. 

13. FEDERAL TIMELY WARNING OBLIGATIONS

The College issues timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the College community.

14. INDEPENDENCE AND CONFLICTS OF INTEREST

Individuals implementing this Policy act with independence and authority, free from bias and conflicts of interest. To raise any concern involving bias, conflict of interest, misconduct, or discrimination, contact the Title IX Coordinator or Chief Human Resource Officer. 

15. EFFECTIVE DATE AND REVISIONS

This Policy succeeds previous policies addressing discrimination, harassment, sexual misconduct, and/or retaliation. 

However, for incidents of sex discrimination or harassment occurring before August 1, 2024, the Policy on Harassment and Sexual Misconduct (2020) is applicable. 

The College reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect. 

This document does not create legally enforceable protections beyond the protections of the background state and federal laws that frame such policies and codes, generally.

This Policy is effective August 1, 2024. 

¹ Throughout this Policy, “on the basis of sex” means conduct that is sexual in nature, or that is directed to the Complainant because of his/her/their actual or perceived sex or gender identity.

² Relevant factors as set forth in § 106.2 include: (1) the degree to which the conduct affected the Complainant’s ability to access the College’s education program or activity; (2) the type, frequency and duration of the conduct; (3) the parties’ ages, roles within the College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct; (4) the location of the conduct and the context in which the conduct occurred; and (5) other sex-based harassment in the College’s education program or activity.

³ For purposes of this Policy, violence is defined as intentionally or recklessly causing the Complainant physical, emotional, or psychological harm. Legitimate use of violence for self-defense is not chargeable under this Policy because the purpose is safety, not harm. 

⁴ For purposes of this definition, a “course of conduct” requires that there be more than one incident and the conduct must be directed at a specific person. Stalking can occur in person or using technology, and the duration, frequency, and intensity of the conduct should be considered. Stalking tactics can include, but are not limited to watching, following, using tracking devices, monitoring online activity, unwanted contact, property invasion or damage, hacking accounts, threats, violence, sabotage, and attacks. (Federal Register, Vol 89, No. 83, 04/29/2024, p. 33523). Merely annoying conduct, even if repeated, is a nuisance but is not typically chargeable as stalking. 

⁵ Reasonable person is an objective standard meaning a person in the Complainant’s shoes (having similar characteristics/demographics to the Complainant). 

⁶ In the context of stalking, a Complainant is not required to obtain medical or other professional treatment and counseling is not required to show substantial emotional distress. 

⁷ This offense is not classified under Title IX as “Sex-Based Harassment,” but it is included in this Policy as a tool to address a wider range of behaviors.