Appendix A, Discrimination, Harassment, and Retaliation Policy

Resources (W&M offices that provide discrimination-related services)

If you have concerns or questions about discrimination, there are several William & Mary offices that can help you by providing information, counseling, guidance, mediation and other informal assistance. Resources relating to sexual violence and other forms of sexual misconduct are collected on W&M's sexual violence website.  

Confidential resources -- people whom you may speak to without having a report made to someone else -- are described below.  

Information about these offices is also provided in the form of organizational charts.  

The Office of Compliance & Equity

• Receives complaints and reports of discrimination, harassment, and retaliation, including sexual violence, and conducts investigations.
• Provides information about reporting options. 
• Provides web-based resources including guidance on discrimination and disability accommodation. 
• Serves as Title IX Coordinator, Age Discrimination Act Coordinator, ADA/Rehabilitation Act Coordinator. 
• Creates and promotes discrimination-related policies and procedures.  
• Coordinates discrimination and harassment prevention efforts, including training and education activities. 
• Partners with Diversity & Inclusion to produce the Affirmative Action Plans.

Dean of Students 

• Provides supportive measures and modifications for students who have experienced sexual harassment, sexual assault or other forms of sexual misconduct. 
• Handles requests for disability accommodations by students (Student Accessibility Services).
• Promotes student-focused discrimination policies.

Human Resources

• Arranges for state-sponsored, unbiased mediation of employment-related disputes.
• Helps employees file grievances. 
• Develops and promotes W&M’s Affirmative Action Programs in collaboration with the Office of Diversity & Inclusion and the Office of Compliance & Equity.
• Handles requests for accommodations for disability or religious beliefs or practices by employees and applicants for employment.

Counseling Center provides confidential counseling to students.      

Student Health Center provides confidential medical services to students who have been sexually assaulted. 

William & Mary Police

• Handles criminal reports of sexual assault and other crimes;
• Conducts criminal investigations;
• Provides safety plans and other sexual violence-related support for students and other community members.

University Counsel provides privileged legal advice and representation to employees. 

University Ombuds Office provides confidential support to employees with workplace concerns. 

Online information about external resources, such as federal and state agencies, is provided by the Office of Compliance & Equity.

Protection from Retaliation (protections for people reporting discrimination or participating in an investigation as a witness)

Any student or employee who makes a complaint or report or uses one of the William & Mary discrimination resources is protected from retaliation.  Information about retaliation, including an FAQ sheet provided to employees involved in discrimination investigations, is available on the compliance resources website.

Making a Complaint or Report

If you want to make a complaint or report a matter for investigation, or if you are required to report by university policy, there are several ways you can do that.

• If you are a faculty or staff member making a mandated report, visit the reporting obligations website.

The Office of Compliance & Equity can help you understand reporting options, and provides information about external reporting options, such as the Equal Employment Opportunity Commission (EEOC).  Students or individuals with complaints about students should contact the Dean of Students Office or, if the complaint is about sexual misconduct, the Title IX Coordinator.  

Direct Conversations

• Minor concerns sometimes can be effectively resolved by a discussion with (a) your supervisor, (b) the person with whom you have the concern, or (c) the supervisor of the person with whom you have the concern. 
• In some cases, however, even minor concerns cannot be resolved in this way, and a third party needs to get involved. 

Internal Reports

• Reports of discrimination, discriminatory harassment or retaliation may be made by phone, email, regular mail, or in person to:

  Office of Compliance & Equity
  James Blair Hall, First Floor, Suite 110 (secure dropbox available for anonymous reporting)
  (757) 221-2743
  [[reportconcern]]

• Reports of professional conflict, uncivilized behavior or other work place disputes may be made to:

• If you are a supervisor and someone comes to you with a complaint or report of discrimination, harassment, or retaliation, you need to refer the matter to Compliance & Equity.  

External Reports

If you are a classified or operational employee, you may file an external report through one of the State’s processes for resolving complaints/grievances.  The Virginia Department of Human Resource Management (DHRM) has two options for employees who think they have been discriminated against:

• The State’s Employment Dispute Resolution grievance process
• The EEOC's complaint process. 

Confidential Resources

Special note regarding confidential resources for sexual assault or sexual harassment:   If you are a student and you tell your professor or a supervisor (or another W&M employee) that you have been sexually assaulted or harassed, that person will need to tell someone else about it.   This is because W&M wants to help students and because the university is responsible for responding to situations that come to its attention.  If you want a place where you can go without having any report made, there are some completely confidential places at W&M -- please visit W&M's sexual violence website. 

These are people and offices that can provide confidential assistance or services for students or staff:

• Liz Cascone, Director of The Haven, is a confidential resource for students.  Liz is located in the Campus Center 167, and can be reached at (757) 221-7478, or [[emcascone]]
• The Student Health Center provides confidential medical services for students, including emergency contraception and screening for STDs.  (757) 221-2998.
• The Counseling Center offers free, confidential counseling for W&M students. (757) 221-3620. The Counseling Center will also help find referrals for therapists and psychiatrists in the Williamsburg area. Students who need assistance with this may call Christine Ferguson, M.Ed., LPC at (757) 221-3620.  Students and employees may also use the Online Community Database to locate a mental health provider.
• The A&S Graduate Ombuds, for graduate students in Arts & Sciences. Professor Evgenia Smirni s located in McGlothilin-Street Hall, Room 103, and can be reached at  (757) 221-3580 or [[exsmir]]. 
• The International Travel & Security Manager, for international students or students participating in international programs such as study abroad. Nick Vasquez, is located in the Reves Center, 222 and can be reached at (757) 221-1146, or [[snvasquez]]
• The University Ombuds Office provides confidential support for faculty and staff.  The Ombuds Office can be reached at (757) 221-1941 or [[ombuds]].  
• Employee Assistance Program.  All health plans offered to state employees and their dependants have employee assistance programs (EAPs).  Included are up to four sessions at no charge for such services as mental health, alcohol or drug abuse assessment, child or elder care, grief counseling and legal or financial service.  Information for each program is provided below.  Employees may also contact Human Resources at (757) 221-3169 for more information or assistance.
  

  For employees participating in COVA Care and COVA HDHP Plans: Anthem BlueCross BlueShield provides the behavioral health and Employee Assistance Program (EAP) benefits under COVA Care and COVA High Deductible Health Plan (HDHP).  Participants can locate a behavioral health network provider at www.anthem.com, and click on Find a Doctor.  Members and their dependants can receive up to four counseling sessions at no cost.  You are encouraged to have all behavioral health services pre-authorized by calling Anthem at 1-855-223-9277, or within 48 hours of an emergency admission.  Anthem Behavioral Health case managers certify the appropriate levels of mental health and substance abuse care based on the diagnosis and medical necessity criteria.
  For employees participating in COVA HealthAware: Aetna provides the behavioral health and EAP benefits under COVA HealthAware.  The plan gives participants access to support and treatment for behavioral conditions, covered at the same level as your medical benefits.  You can locate a behavioral health provider at www.covahealthaware.com, and click on DocFind. The COVA HealthAware EAP offers short-term counseling on all aspects of life for up to four visits per incident at no cost to you.  EAP professionals, and crisis response services, are available by calling 1-888-238-6232.

• Employees also have access to the Employment Dispute Resolution "Advice Line."  An Employment Dispute Resolution Consultant can provide confidential consultation on employment rights and responsibilities as well as available options in resolving workplace conflict.  This service is available to Virginia state government employees, managers and human resource personnel.  1-888-23ADVICE (1-888-232-3842).

Other university offices receiving discrimination complaints must refer them to the Dean of Students or Compliance & Equity. Confidentiality is discussed below.