Peenn State-H Hershey Medical M Ceenter/Penn n State Coollege of M Medicine’ss C.O.R.E. (Culturee of Respecct in Educcation) Policiees on Respecctful Treatment of Learnners, Traineees, and Studeents PIRATIONS S ASP The Penn State Colllege of Med dicine is com mmitted to aassuring a saafe, encouraaging, and supportiive learning g environmeent that refleects our com mmitments to professioonalism, resspect, apprecia ation of diveersity, and virtues v such h as honestyy, integrity, ccompassion n, and kindn ness. All Penn n State Hersshey Medica al Center fa aculty and sttaff will con nduct themsselves in a professio onal manner and will contribute c to o creation oof an environ nment supp portive of learning g. We will strive to treeat our stud dents and tra ainees the w way we wantt them to trreat everyon ne with ded dication, resspect, and co ompassion. We expeect that thesse policies will w continuee to be “livin ng documen nts,” and thaat we will continuee to improvee and addreess issues peertaining to respect in oour learningg environmeent as they arisse. POLICY Y STATEM MENT Mistreattment, discrrimination, harassmentt, and sexuaal harassment are proh hibited at the Penn Sta ate College of o Medicinee. Penn Sta ate Adminisstrative Poliicies 41 and 47 are direectly relevan nt (see appeendix). FINITIONS S DEF Mistreattment is inteentional or unintentional u l, disrespectfful treatmentt of a suborddinate studennt, trainee, or o colleague that interferres, disrupts, or destroys the learningg environmennt, and woulld do so for mo ost reasonable learners in n that circum mstance. Discrimiination is co onduct of any y nature thatt denies equaal privilegess or treatmennt to a particuular individuaal because off the individ dual's age, an ncestry, colorr, disability or handicap, national orrigin, race, religious creed, sex, sexual orientation, gender idenntity or veterran status. Harassm ment is a form m of discrim mination conssisting of phhysical or verbal conductt that (1) is directed at a an individ dual becausee of the indiv vidual's age, ancestry, coolor, disabilitty or handicaap, genetic in nformation, national orig gin, race, relligious creedd, sex, sexuaal orientationn, gender ideentity or veteran status; and d (2) is suffficiently sev vere or pervaasive so as to o substantiallly interfere w with the individual's employm ment, educatiion or accesss to Universiity programss, activities aand opportunnities. To constiitute harassm ment, the con nduct must be b such that it detrimentaally affects tthe individuaal in question and would also a detrimen ntally affect a reasonabl e person undder the samee circumstannces. Harassment may incllude, but is not n limited to o, verbal or pphysical attaacks, threats, slurs or derogatorry comments that meet the t definition n set forth abbove. Whethher the allegeed conduct constitutees prohibited d harassmen nt depends on n the totalityy of the partiicular circum mstances, including g the nature, frequency and a duration of the conduuct in questiion, the locattion and conntext in which it occurs an nd the status of the indiviiduals involvved. Sexual Harassment H Sexual haraassment is a form of sex discriminatiion recognizzed under Tittle VII of the Civil Righ hts Act of 1964, which prrohibits sex discriminatiion in the terrms and condition ns of employ yment and Title IX of thee Education Amendmennts, which prrohibits sex discrimin nation in edu ucational pro ograms and activities. a Iff there is anyy report sugggesting violaation of Title IX, I immediatte action is required r to be b taken due to the severrity of the isssue at hand. Sexual haarassment in nvolves unwelcome sexu ual advancess, requests foor sexual favvors or verbaal or physical conduct of a sexual natu ure. It is ofteen imposed uupon a persoon in an unequal power relationsh hip through the abuse off authority. Central C to thhis concept is the use of implied rew ward or threat of deprivation that interferres with the academic a or work effecttiveness of thhe victim. ome sexual advances, a req quests for sex xual favors, or other verrbal or physiical behaviorr of a Unwelco sexual naature constitu utes harassm ment when: Submission to o, or rejectio on of, such conduct c by ann individuall is made expplicitly or im mplicitly a teerm or condiition of an in ndividual’s eemploymentt or participaation in academic acctivities; Submission to o, or rejectio on of, such conduct c by ann individuall is used as a basis for mployment or o academicc decisions afffecting suchh individual; or em Such conductt has the purp pose or effecct of unreasoonably interffering with aan individuaal’s work w or acadeemic perform mance, or off creating an intimidatingg, hostile or offensive working w or sttudy environ nment. In additio on to Penn State S policiess, Federal law w recognize s two differeent sets of leegal groundss for claiming sexual hara assment und der Title VIII: In n the quid pro quo (thiss for that) forrm of harasssment, a persson in authorrity, usually a su upervisor or instructor, demands d a seexual favor oof a subordinnate or a stuudent as a co ondition of getting g or keeeping a job or getting a good grade in a course. In n quid pro qu uo cases, thee offense is directly d linkeed to the inddividual’s terrms of em mployment or o academicc success, or forms the baasis for empployment or aacademic decisions affeecting the ind dividual. A hostile worrk environm ment occurs when a co-w worker, supeervisor, instrructor, contraactor, visitor, custom mer or vendo or, engages in i unwelcom me and inapppropriate sexxually based behavior that is severe or pervasive en nough to rennder the worrkplace or accademic attmosphere in ntimidating, hostile or offfensive. Ussually a patteern of this soort of behaviior is reequired to su ubstantiate th he claim, butt one incidennt can be enoough, if it is severe or eg gregious. Examplees of mistrea atment: When asssessing behaavior that miight represen nt mistreatm ment, studentss and traineees are expectted to consider the conditio ons, circumsttances, and environment e t surroundingg such behavvior. These ( superviisor to traineee) or lateral, as in traineee to trainee. exampless could be hiierarchical, (i.e., Examples of discriminatory, unfaair, arbitrary y or capriciouus treatmentt include butt are not limiited to: Verbally V abussing, belittlin ng, or humilliating a studdent or traineee. In ndicating thaat a student will w be capab ble of a speccific skill beccause he or sshe is a giveen etthnicity or gender g (e.g., baking as a female) Not N providing g students with w clear work expectatioons yet holdding them ressponsible for the ex xpectations. Using U grades as punishmeent rather th han as an obj ective evaluuation of perfformance Taking T indiviidual credit for f a trainee’’s work Assigning A autthorship based on hierarrchy rather thhan intellecttual contribuution In ntentionally singling outt a student fo or arbitrary tr treatment thaat could be pperceived as pu unitive Unwarranted U exclusion frrom reasonab ble learning opportunitiees or other nneglect of traainees Disparaging D a student’s choice c of resiidency, proffession, or otther career aaspirations Assignment A of o duties as punishment p rather r than eeducation Pressuring stu udents or traainees to exceed establishhed restrictioons on workk hours Asking A a stud dent or traineee to lie or withhold w the truth to a paatient, colleaague, or supeerior. Exploitation E of o students in any manneer (e.g. perfoorming persoonal errandss) Directing D stud dents to perfform an unreeasonable nuumber of rouutine hospitaal proceduress (e.g., “sscut” on patiients not assigned to them m) or generaal laboratoryy responsibillities (e.g., aan ex xcessive shaare of shared d laboratory tasks) t wheree performingg those activities interferres with w a studen nt’s attendancce at educatiional activitiies, (e.g., rouunds, classess). Pressuring a student s or traainee to perfform medicaal proceduress or laboratoory experimeents fo or which the student is in nsufficiently y trained (i.e . putting a sttudent in a roole that co ompromises the care of patients p or endangers e the student). Threatening T a lower or faailing grade/eevaluation too a student ffor inapproprriate reasonss Committing C an a act of phy ysical abuse or violence of any kind (e.g., throwiing objects, ag ggressive vio olation of peersonal spacee) Belittling B the occupation of a health care c worker, scientist or trainee, as inn, “oh, you’rre just a nurse’s aidee”, or, “oh, you’re y just a research asssistant” Examples of supervissor or superiior behavior that might bbe unpleasannt for a traineee but not considereed mistreatm ment include: Pointing out that t a studen nt’s summary y of a patiennt is incompllete in front oof a group of her orr his peers Pointing out that t a studen nt’s research seminar is ddifficult to foollow in fronnt of a groupp of her or his peeers Asking A a stud dent to stand d for 45 minu utes observinng a surgicall or laboratory proceduree without w assistting (in the context c of haaving other llearning oppportunities) Examplees of sexual harassmentt: Sexual haarassment caan be exhibitted using thrree types of behaviors – verbal, non n-verbal behaviorrs and gestu ures, and physical conta act. Examples of verbal behavior b that might con nstitute sexuual harassmennt are: Continuous C id dle chatter of a sexual naature and graaphic sexuall descriptionns; Sexual slurs, sexual innueendoes, and other comm ments about a person’s clothing and tthe way w it fits, the person’s body and/or about a sexuall activities; Offensive O and d persistent risqué r jokes or jesting annd kidding aabout sex or gender-speccific trraits; Suggestive orr insulting so ounds such as a whistling,, wolf calls, oor kissing soounds; Comments C off a sexual naature about weight, w bodyy shape, size or figure; Comments C ab bout the senssuality of a person, p or hi s/her spousee or significaant other; Distribution D of o written orr graphic matterials that aare derogatorry and are off a sexual naature; Repeated R unssolicited prop positions forr dates and/oor sexual relaations; or Asking A aboutt sexual fantaasies, prefereences or histtory. Examples of gesturees or non-veerbal behaviiors that migght be considdered sexuall harassmentt are: Sexual looks such as leering and oglin ng with sugggestive overrtones; Licking L lips or o teeth, win nking, or thro owing kissess; Holding H or eaating food prrovocatively y; Lewd L gesturees, such as haand or sign language l to ddenote sexuaal activity; Persistent and d unwelcomee flirting; Staring at an individual or o looking a person p up annd down (eleevator eyes);; Giving G person nal gifts; or Displaying D seexually sugg gestive picturres, calendarrs, posters, statues, etc. Unwanteed physical contact c can range from offensive behhavior to crim minal acts. W While some might dissmiss some of o these behaaviors as an annoyance, others will cconsider theem to be sexuual harassmeent. It should be stressed d that all of these t behaviiors are inappropriate in the workplaace. Examples of unwanteed physical contact thatt would be cconsidered seexual harassment are: Attempted A rap pe or rape Touching T that is inapprop priate in the workplace w oor classroom m such as pattting, pinchinng, sttroking or brrushing up against the bo ody; Cornering C or mauling; Attempted A orr actual kissin ng or fondlin ng; Physical assault; Coerced C sexu ual relations; Touching T or rubbing r onesself sexually y around anoother person;; Examples of unwanteed physical contact thatt might be coonsidered seexual harassm ment are: In nvading anotther’s “perso onal space” Giving G a massage around d the neck or shoulders; Pranks such as a exposing underwear u or o parts of thhe body; or In ntentionally blocking som meone’s patth It is also important to o note that while w some behaviors maay be offensiive, unprofesssional, agaiinst Penn State College of o Medicine policy p or inaappropriate iin the workpplace, they m may not necessariily be consid dered sexual harassment.. For exampple, general uuse of profannity and vulggar languagee may not be sexual haraassment unless it is sexuaally orientedd or overusedd to the poinnt that a hostile work enviro onment is creeated. In additio on, sexual haarassment is generally no ot the rare o r singular occcurrence off minor behaaviors, such as a comment/in nnuendo, a joke or a storry, asking foor a date, or a complimennt about appearan nce or attire. However, frequent f occu urrences of tthese types oof minor behhaviors may rise to the lev vel of harassm ment if they y happen ofteen and if it iss reasonablee to assume tthat the behaavior might be unwelcomee, or if a sing gle incident is i particularlly egregious. Power and a Harassm ment There is no n typical haarasser. A harasser h can be male, fem male, young,, old, and froom any ethnic backgrou und. One thiing that haraassers generaally have in ccommon is tthat they havve some sortt of power ov ver an individual or indiv viduals, and they use thaat power in a negative w way to help thhem feel “in control.” c Haarassers geneerally look fo or “victims”” who are weeaker and lesss likely to hhave the ability or the incllination to fig ght back. Th his is generaally because the victims fear retaliatiion in the form of loss of em mployment, economic lo oss, loss of bbenefits, losss of status, looss of promootional or advanccement oppo ortunities or,, in some casses, fear of pphysical or eemotional haarm. y seen in sup pervisor/sub ordinate relaationships, bbut it can also This typee of behaviorr is generally happen within w work groups g or stu udent groupss as well, if a member iss led to belieeve by the haarasser that he/sh he could hav ve a direct im mpact on his//her job or sttatus within the group. Consensu ual Relation nships Romanticc and/or sexu ual relationsships betweeen faculty annd students, sstaff and students, or superviso ors and subo ordinate emp ployees are sttrongly discoouraged. Such relationshhips have thee potential for adverse consequencces, including g the filing oof charges off sexual haraassment. Givven the fundaamentally asymmetric naature of the relationship r where one pparty has thee power to giive grades, th hesis advice, evaluationss, recommen ndations, proomotions, sallary increasees or perform mance evaluatio ons, the appaarent consenssual nature of o the relatioonship is inhherently susppect. Even when both parties have con nsented to th he relationshiip, there mayy be percepttions of confflict of interest as a well as un nfair treatmen nt of others. Such percepptions underrmine the atm mosphere off trust essential to the educaational proceess or the em mployment reelationship. (See AD-41, "Sexual Harassment," for an explanation e of reporting g requiremennts when succh consensuaal relationshiips are established.) In the event of a com mplaint of sex xual harassm ment, when thhe facts estaablish that a faculty-studdent, dent, or supeervisor-suborrdinate poweer differentiaal existed wiithin the relaationship, a staff-stud defense based b upon consent c or prrevious conssent will gennerally be vieewed unsym mpatheticallyy by the institu ution. If theere is disagreeement as to whether thee behavior w was affirmativvely consenssual between the involved d individualss, the burden n will be on tthe individuaal against whhom the chaarge or complain nt is made to o prove mutu ual consent. QUEST TIONS AND D ANSWER RS ABOUT SEXUAL H HARASSME ENT Can I co ompliment one o of my co o-workers? Yes, as lo ong as your complimentts are free fro om sexual unndertones. C Complimentts such as “N Nice legs” or “You “ look reeally sexy in n that outfit” can make yyour co-workker feel uncoomfortable oor threateneed. Even if the t person yo ou’re complimenting isnn’t bothered by the comm ments, otherss might be. If someo one says “no o” to me in response r to a question for a date, ccan I still pu ursue them?? No mean ns no. If thee person sayss “no” in ressponse to an invitation foor a date, or is uncomforrtable or evasiv ve, do not usee pressure; accept a the an nswer and m move on. What’s wrong w with having a sccreen saver on my comp puter with ssexy picturees on it in m my own officce or work area? Sexually oriented objjects and vissuals, such as a pinups, cennterfolds froom sex magaazines, calenndars or screen n savers portrray people as a sexual objects in demeeaning circum umstances. T They create aan offensivee, intimidatin ng and hostille work or sttudy environnment and crreate the pottential for a ssexual harassmeent complain nt, if a co-wo orker or visittor to your w work area finnds them offe fensive. Aren’t people p being g too sensitiv ve about thiis? You may y think so, bu ut each of uss has a differrent perspecttive and diffferent reactioons to these ttypes of behaviiors. Even if the commeent, gesture or o behavior w was not inteended to be ooffensive, it m may be perceiived that way y. If you aree not sure ho ow your hum mor or teasinng is affectinng someone – stop immediattely. Can I bee accused off harassing someone s if we w are both h the same ggender? Yes. Sex xual harassm ment can occu ur between the t same gennder and is nnot limited too opposite seexes. Appen ndix 1 Policy AD 41 SEXU UAL HARAS SSMENT: Contents: Purpo ose Policy y Definitions Conseensual Relatiionships Resolu ution of Com mplaints Discip plinary Sancctions Cross References PURPOS SE: To establlish the Univ versity’s policy prohibitiing sexual haarassment. POLICY Y: Sexual haarassment off faculty, staaff or studentts is prohibitted at The Pennsylvaniaa State Univeersity. It is the policy p of the University to t maintain an academicc and work eenvironment free of sexuual harassmeent. Sexual harassment h violates v the dignity d of inddividuals annd impedes thhe realization of the Univeersity’s educcational misssion. The Un niversity is ccommitted too preventingg and eliminaating sexual haarassment off faculty, stafff and studen nts through eeducation annd by encourraging facultty, staff and students to report r any concerns or complaints c abbout sexual harassment. Prompt ve measures will w be taken n to stop sex xual harassm ment wheneveer and whereever it occurrs. correctiv DEFINITIONS: oses of this policy, p sexual harassmen nt is definedd as unwelcoome sexual aadvances, reqquests For purpo for sexuaal favors, and d other verbaal or physicaal conduct off a sexual naature when: 1. su ubmission to o such condu uct is a condition for empployment, prromotion, grrades or acaddemic sttatus; 2. su ubmission to o or rejection n of such con nduct is usedd as the basiis for employyment or accademic or other o decisio ons affecting g an individuual; 3. su uch conduct is sufficienttly severe orr pervasive soo as to substtantially inteerfere with thhe in ndividual’s employment e , education or o access to U University pprograms, acctivities and op pportunities. To constitu ute prohibiteed harassmennt, the conduuct must be ssuch that it detrimentally y affects the individual i in n question annd would alsso detrimentally affect a reeasonable peerson under the t same circcumstances.. CONSEN NSUAL RE ELATIONSH HIPS: Romanticc and/or sexu ual relationsships betweeen faculty annd students, sstaff and students or superviso ors and subo ordinate emp ployees are sttrongly discoouraged. Such relationshhips have thee potential for adverse consequencces, including g the filing oof charges off sexual haraassment. Givven the fundaamentally asymmetric naature of the relationship r where one pparty has thee power to giive grades, th hesis advice, evaluationss, recommen ndations, proomotions, sallary increasees or perform mance evaluatio ons, the appaarent consenssual nature of o the relatioonship is inhherently susppect. Even when both parties have con nsented to th he relationshiip, there mayy be percepttions of confflicts of interesst or unfair trreatment of others. Such h perceptionss underminee the atmosphhere of trustt essential to the educaational proceess or the em mployment reelationship. U Under such circumstancces, the perso on in the position of supeervision or academic respponsibility m must report tthe relationship to his or herr immediate supervisor. Once the co onsensual rellationship is reported, thhe immediatee superviso or is responssible for elim minating or mitigating m thhe conflict off interest to tthe fullest feeasible extent an nd ensuring that t fair and objective prrocesses are in place for decisions reelative to graading, thesis adv vice, evaluattions, recom mmendations, promotionss, salary incrreases or perrformance evaluatio ons. The new w supervisory y or academic arrangemeent should bbe documentted. RESOLU UTION OF SEXUAL HARASSM H ENT COM MPLAINTS: The Affirrmative Actiion Office has primary responsibility r y for resolviing sexual haarassment complain nts. In additio on, vice pressidents, dean ns, campus eexecutive offficers, and pprovosts/deanns will desig gnate one orr more indiviiduals in their areas as reesource perssons to assistt in resolvingg complain nts of sexual harassment from faculty y, staff and sstudents. Alsso, the Camppus Life Assistancce Center wiill designate a staff mem mber to receivve complainnts from studdents. The Affirmative Action Office O will en nsure resourrce persons rreceive the nnecessary traaining and suupport to handlee their respon nsibilities. Any mem mber of the University U co ommunity who w experiennces sexual hharassment sshould immediattely report th he incident to t the Affirm mative Actionn Office, or alternativelyy, to a Sexuaal Harassment Resourcee Person (SH HRP), the Offfice of Hum man Resourcces, the Divission of Student t Office off Educationaal Equity, or an administtrator or facuulty memberr in his or her Affairs, the departmeent or unit. In n all cases where w the inccident is not initially repoorted to the Affirmative Action Office, O the peerson receiviing the comp plaint will coontact the Afffirmative A Action Officee to discuss reesolution an nd ensure con nsistent responses to issuues across unnits. The Univ versity will make m every reasonable r effort e to prom mptly investiigate and ressolve complaints of sexuall harassmentt, with due reegard for faiirness and thhe rights of bboth the com mplainant andd alleged offender, o and d to conduct all proceedings in the m most confidenntial mannerr possible. Iff unsuccesssful at resolv ving the issu ue informally y, the Affirm mative Actioon Office maay investigate to gather information neecessary to reach r a form mal determinaation on the merits of thee allegationss. Investigaations will in nclude notify ying the alleg ged offenderr of the compplaint and prroviding an opportun nity to respon nd to the alleegations. If there iss evidence of o sexual harassment, thee University will make eevery reasonaable effort too ensure th he harassmen nt immediateely stops and d does not reecur. The com mplainant w will be inform med of the corrective measurres taken. DISCIPL LINARY SA ANCTIONS S: Disciplin nary sanction ns for violatiion of this po olicy, whichh may range ffrom a discipplinary warnning to termin nation or exp pulsion from the Universsity, will be iimposed in aaccordance w with applicabble Universitty policies. Retaliatio on constitutees a separatee violation an nd may resullt in a sanctiion independdent of the outcome of a complaaint. CROSS REFEREN NCES: Other Po olicies in thiss Manual sho ould also be referenced, especially thhe followingg: AD29 - Statement S on n Intolerancee, HR01 - Fair F Employm ment Practicces, HR11 - Affirmative A Action A in Em mployment at a The Penn State Univerrsity, HR76 - Faculty F Righ hts and Respo onsibilities, and HR79 - Staff S Grievan nce Procedurre Appen ndix 2 The Penn n State Colleege of Mediccine adheres to Administtrative Policcy 47 (AD477) STATEM MENTS: I. Professsors, guided by a deep co onviction off the worth aand dignity oof the advanccement of knowledg ge, recognizze the speciall responsibillities placed upon them. Their primaary responsibbility to their reespective subjects is to seek s and to state s the truthh as they seee it. To this eend, they devvote their enerrgies to deveeloping and improving th heir scholarlly competennce. They acccept the obligation to exercisee critical selff-discipline and judgmennt in using, eextending, aand transmittting knowledg ge. They praactice intelleectual honestty. Althoughh they may foollow subsiddiary interestts, these inteerests must never n serioussly hamper or o compromiise their freeedom of inquuiry. II.As teacchers, professsors encourrage the free pursuit of leearning in thheir students. They hold before th heir students the best sch holarly standaards of theirr respective ddisciplines. T They demonnstrate respect fo or the studen nt as an indiv vidual, and adhere a to theeir proper role as intellecctual guides and counselors. They make every reaasonable effo ort to foster hhonest acadeemic conducct and to assuure that theirr evaluationss of students reflect the students' s truee merit. Theyy respect thee confidentiaal nature off the relation nship betweeen professor and student.. They avoidd any exploittation of studdents for privatte advantagee and acknow wledge signiificant assisttance from thhem. They pprotect their students' academic frreedom. III.As ressearchers/sch holars, profeessors recogn nize that theeir goal is to discover, deevelop, and communicate new un nderstanding g. This goal is i rarely achhieved withouut making use of knowleedge gained frrom others. Researchers R must alwayss exercise grracious and aappropriate rrecognition of published d work in thee literature, conversation ns with colleeagues, and tthe efforts of students w who work und der the reseaarchers' guidaance. They must m be scruupulous in prresentation oof their own data; it must be verifiable as a result off the highestt standards inn data gatheering techniqques. They m must be extrem mely careful in the use of data reportted by otherss, especially if used in thhe formationn of broad com mparative orr contradicto ory hypothesses, since theey may not kknow of anyy compromising circumstaances in such h data gatheering. They must m be com mprehensive iin considerattion of workk with human su ubjects; they y must have thoroughly t researched r aall procedurees, must havee informed individuaals involved of all aspectts of their co ooperation, aand must repport all respoonses accurattely, both posiitive and neg gative resultss. As open-m minded reseaarchers, wheen evaluatingg the work of others, th hey must recognize the responsibility y to allow puublication off theories or experimentss that may conttradict their own finding gs, as only by y free inquirry and dissem mination of aall facts willl the fruits of the t labor of the whole co ommunity bee allowed too mature. IV.As co olleagues, pro ofessors hav ve obligation ns that derivee from comm mon memberrship in the community of scholaars. They resspect and deffend the freee inquiry of ttheir associaates. In the exchangee of criticism m and ideas they t show du ue respect foor the opinioons of others. They acknowleedge their accademic debts and strivee to be objecttive in their professionall judgment oof colleaguees. They acccept their shaare of faculty y responsibillities for the governancee of their institution. V. As meembers of th heir institutio on, professorrs seek abovee all to be efffective teachhers and schholars. Although h they observ ve the stated d regulations of the instittution, provided the reguulations do nnot contraven ne academicc freedom, th hey maintain n their rights to criticize and seek revvision. They determin ne the amoun nt and characcter of the work they do outside theirr institution with due reggard to their paramount p reesponsibilitiees within it. When W considdering the innterruption oor terminatioon of their serv vice, they reccognize the effect e of thiss decision uppon the proggrams of the institution aand give due notice of theeir intention ns. VI. As members m of th he communiity, professorrs have the rrights and obbligations off all citizens.. They measure the urgency of these oblligations in the t light of thheir responssibilities to thheir respectiive subjects, to their stud dents, to theiir profession n, and to thei r institution.. When theyy speak or act as ng the impreession that thhey speak orr act for theirr respective private persons they avoid creatin colleges or the Univeersity. As cittizens engaged in a profeession that ddepends uponn freedom foor its nd integrity, professors p have h an articu ular obligatiion to promoote conditionns of free inqquiry health an and to fu urther public understandiing of academ mic freedom m. All tangible assets (in ncluding equ uipment, sofftware, audioo-visual mateerial, theatriical costumes, etc.) own ned, leased or o operated by b the University are to bbe used in thhe conduct of Universityy programss and activitiies at Univerrsity owned or leased loccations. Universitty departmen nts may offeer services on nly to other University ddepartments and only forr Universitty-related wo ork. Permitteed work inclludes, instruuctional workk for credit aand non-creddit courses, conferences, workshopss, institutes, training t proggrams, etc.; support for ffaculty reseaarch, publications, presentations, and outreach o actiivities; serviices for recoggnized studeent organizattions; and serviices for other organized student extraamural activvities. Universitty tangible assets a and serrvices may not n be used ffor personal gain, by em mployees for purposes outside the scope of theeir employm ment (see alsoo Policy HR335), or by sttudents beyoond their instructional req quirements. n State Colleege of Mediccine is comm mitted to provviding a worrking and learning The Penn environm ment for all employees, e faculty f and students that is free from m discriminattion and harassmeent on the baasis of race; color; c sex (eexcept wheree sex is a bonna fide occuupational qualificattion); sexuall orientation; gender iden ntity; religioon; creed; naational or ethhnic origin; citizensh hip status; ag ge; disability (or associattion with an individual w with a disabillity); and staatus as a special disabled, Vietnam era or o other eligiible veteran. This prohibbition appliess equally to all faculty, staff s and stud dents, to all other person ns on the preemises subjecct to Collegee control andd to those eng gaged to furtther the interrests of the College. C bers of the College C com mmunity, facu ulty, staff annd students, aare required to report All memb promptly y any and all conduct wh hich might bee in violationn of this policy. The Coollege strivess to maintain an environm ment that sup pports and reewards indivviduals on thhe basis of suuch relevant factors ass ability, merit and perfo ormance. Reportiing Concern ns of Possib ble Mistreatm ment Learners who themseelves experieence or obseerve other stuudents/resideents experienncing possibble mistreatm ment are encouraged to discuss d it witth someone in a positionn to understaand the conteext and addreess necessarry action. Su uggested opttions for learrners includee: DISCUS SS it with one or all of th he following: Society Advisor A p/Course/ dirrector Clerkship Graduate Program dirrector udent Affairrs/Associate Dean for Grraduate Meddical Assistant Dean for Stu n/Associate Dean D for Graaduate Studiies/Director of Nursing/D Director of tthe Education PA Prograam Ombudsp persons Thesis Ad dvisor Thesis Co ommittee Meember ng one of two o options bellow and hoppefully preveent such behhavior in the REPORT it (utilizin future): 1. File a form mal report with w the Asso ociate Dean ffor Student A Affairs/Assoociate Dean for Graduate Medical Edu ucation/Asso ociate Dean for Graduatte Studies/Diirector of Nursing/D Director of th he PA Progrram. nonymous reeport via the online Mistrreatment Reeporting form m. If you preefer an 2. File an an anonymou us method of reporting, be assured th that the compplaint will reeceive the saame attention as a one with identifiers co ompleted. H However, pleease note thaat follow-up with regard to the incident, any follow-up questionns or concernns, contact reegarding ressponse a to occurr given that w we have no identifying and correcctive action will not be able informatio on. Further,, regarding anonymity, a itt is importannt to note thaat should this complaintt be viewed as in violatio on of Title IX X or involvee criminal acctivity, immeediate action is required r to be b taken and we cannot aassure preserrvation of yoour anonymiity due to thee severity of the issue at hand. hoose to purssue claims of o unlawful ddiscriminatioon or harassm ment in Learners may also ch nce with the University’ss Nondiscrim mination Pollicy Statemennt: complian “The Pen nnsylvania State S Universsity is comm mitted to the ppolicy that aall persons shhall have equual access to o programs, facilities, f adm mission and employmennt without reegard to personal characterristics not related to abiliity, performaance, or quaalifications as determinedd by Universsity policy orr by state or federal f autho orities. It is the t policy off the Univerrsity to mainttain an academic and work k environmen nt free of disscrimination n, including hharassment. The Pennsyylvania Statee Universitty prohibits discrimination, harassment against aany person bbecause of agge, ancestry,, color, dissability or haandicap, gen netic informaation, nation al origin, racce, religious creed, sex, sexual orrientation, geender identitty or veteran n status and rretaliation duue to the repporting of discrimin nation or harrassment. Discrimination n, harassmennt, or retaliattion against faculty, staff ff or students will not be tolerated t at The T Pennsylv vania State U University.” Ressponding to Concerns oof Mistreatm ment Every efffort will be made m to resp pond to conccerns of misttreatment in a professionnal manner too minimizee the risk of retaliation. The Co-C Chairs of thee Culture of Respect R Com mmittee willl be providedd with writteen notice of reported concerns off mistreatmen nt of learners (corresponnding with thhe date indiccated on the report), and a conduct an initial inq quiry into the circumstannces. They w will engage the appropriiate process channels c for implementin ng notice to the offendinng party, andd for investiggation and implemen ntation of po otential correective action n. Aggregatte and de-ideentified dataa on reports of o mistreatm ment of learneers will be shared with tthe Vice-Deaan for Educaational Affaiirs and the Vice V Dean forr Research aand Graduatee Studies onn a quarterly y basis. Procedure The follo owing proced dures for han ndling incideents of potenntial violatioons of the miistreatment ppolicy place a sttrong emphaasis on resolv ving complaaints informaally. The proocedures incclude advisinng and mediation n. It is impo ortant to notee that the pro ocedures do not preemptt other formal or informal channels available within w the Un niversity. It is i recommennded that leaarners shouldd -- as a firstt stepulture of Resspect Commiittee to revieew the variouus options thhat - contact the Co-Chairs of the Cu onfidential basis). b The Co-Chairs C off the committtee are empowered to exxplore are availaable (on a co with the student a plaan of action that may incclude some oor all of the ssteps describbed below: A. In nformal: Con ncern about potential vio olations mayy be handledd by communnication withh various indiviiduals, inclu uding but nott limited to tthe followingg: 1. Direct disscussions (by y the studentt or others) w with the allegged offenderr. 2. Conversattion (by the student or others) with iindividuals ssuch as the cchief residennt, graduate program p direector, attend ding physiciaan, thesis com mmittee mem mber, clerksship director, and/or a other faculty mem mbers. Chairs of the Culture of Respect R Com mmittee mayy present the concern to aall or 3. The Co-C a portion of the Comm mittee, and to such third parties that the Chairs oof the Comm mittee deems app propriate forr seeking an informal ressolution. 4. The Co-C Chairs of the Committee also may in his/her disccretion refer tthe matter too an alternate available a Un niversity process or officce, such as ann existing grrievance proocess or the Hum man Resourrces Office or o the Associiate Dean forr the Office of Diversityy. 5. Direct con nversation by the studen nt with confiddential resouurces includiing but not limited to o the Ombud dspersons, Co ounseling annd Psychologgical Servicees, and the D Deans office. In nformal solu utions to add dress the prob blem may bee recommended and/or ppursued suchh as (b but not limited to) system ms changes or o educationnal interventiions. The Co-Chairs of the Committee C will w be availaable througho out the proceess to discusss with the sttudent the sttatus of the matter,, including any a potential resolution. B. Formal: If no resolution is i reached an nd the studennt wishes to proceed witth a more forrmal grrievance or complaint c prrocess, the Co-Chairs C off the Culturee of Respect Committee m may reefer the student to other existing processes or maay (in an apppropriate casse) accept froom th he student a written griev vance or com mplaint to usse the proceddure described below. 1. The studeent should seet forth in wrriting the subbstance of thhe grievancee or complainnt, the grounds for f it and thee evidence on n which it is based, and tthe efforts taaken to date to resolve th he matter. It is at this staage that the m matter becom mes a formall grievance oor complaintt. This form can be foun nd online or iin the Officee of Student Affairs. 2. The griev vance or com mplaint docum ment shouldd be submitteed to the Co--Chairs of thhe Committeee. A grievaance should be b filed in a timely fashiion, i.e., norm mally withinn thirty day ys of the end of the acadeemic quarterr in which thhe action thatt is the subjeect of the grievaance or comp plaint occurrred. 3. The Co-C Chairs of the Committee will review the grievancce or complaaint and (if itt reflects an n appropriatee use of the process) p willl then prompptly (within 7 days) trannsmit the grievaance or comp plaint to the members off the committtee for handdling. 4. The comm mittee memb bers shall pro omptly initiaate a review,, which shouuld normallyy be completed d within sixtty days. Thee committee may attemppt to resolve the matter informally y, and may refer r the mattter (or any ppart of it) to a grievance officer or otther designee, who will ev valuate and/o or address thhe matter as tthe committee directs. T The mand the maatter to the apppropriate committee may also, in appropriaate cases, rem dministrativee level at whiich the grievvance or administrator (includiing to the ad f consiideration. complaintt arose) for further 5. In undertaaking this review, the co ommittee maay request a rresponse to tthe issues raaised in the grieevance or co omplaint from m any indiviiduals believved to have iinformation tthe reviewer considers c relevant, inclu uding facultyy, staff and sstudents. 6. The comm mittee shall issue i their deecision in wrriting, and taake steps to initiate suchh correctivee action as iss called for (if any). Connduct meritinng disciplinee shall be broought to the atteention of the appropriate disciplinaryy process. T The final recoommendatioons and action n plan will be b reported to o the Vice-D Dean for Eduucational Aff ffairs or the V Vice Dean for Research R an nd Graduate Studies, as aappropriate. C. Repeat R lapses in behavio or - for thosee individualss who have cconfirmed reepeat lapses in the CORE C princip ples, the folllowing proceess will occuur: 1. The indiv vidual’s Depaartmental/Ed ducational seenior leader will be notiffied of the reepeat lapse in behavior. (Iff the individu ual involvedd is a faculty member, thee Dean of thhe College of o Medicine and a CEO off Penn State H Health will bbe notified oof the recurreence, as well ass the Vice Deean for Adm ministrative aand Faculty Affairs.) 2. The deparrtmental/edu ucational leader or designnee will connduct a meetiing with the individual. During th he meeting, the t findings of the CORE E Executive Committee will be presented and the following f wiill occur: a. Meetiing documen nted with thee individual b. The determined d seeverity of the repeat lapsse c. Suggeested remediiation plan to o address thee behavior as well as onggoing selfassesssment. d. Metho ods to assesss outcomes to these interrventions e. Timelline for the remediation r process p to occcur and connsequences oof any furtheer repeatt violations of o the CORE E policy 7. Appeal i dissatisfieed with the ddisposition byy the commiittee, he or sshe a. If the student is fairs or Vice Dean for may appeal to the Vice-Deean for Educcational Affa Reesearch and Graduate Sttudies. The aappeal shoulld be filed inn writing witth the Viice-Dean within ten days of the issuaance of the ddecision by tthe committee; a deelay in filing g the appeal may m be grouund for rejecttion of that aappeal. b. Th he Vice-Deaan may attem mpt to resolv e the matter informally, and may reffer the matter (or any y part of it) to o a grievanc e appeal offficer or otherr designee, w who wiill review the matter at th he Dean’s di direction. Thhe Vice-Deann also may rem mand the maatter to the appropriate a aadministratorr (including to the ad dministrativee level at wh hich the grievvance arose)) for further cconsideratioon. he Vice-Deaan should norrmally compplete his or hher review of the appeal and c. Th isssue his or heer decision in n writing witthin forty-fivve days. Thhat decision iis fin nal. It is nott subject to further fu review w by any othher Universiity process. No Retaliation n ng retaliationn are stronglyy encourageed to contact the Individuaals who belieeve they are experiencin Vice-Deaan for Educaational Affaiirs or Vice Dean D for Research and G Graduate Studdies. r will w be subjecct to investig gation and m may result in disciplinaryy action up too and Alleged retaliation including g termination n or expulsio on. Su ummary Gu uide to Repo orting Mistrreatment, foor Students The Cultture of Resp pect Committee of the Penn P State C College of M Medicine annd Hershey Medical Center en ncourages alll members of o our comm munity to repport possiblee incidents oof mistreatmeent. All reports of o mistreatmeent will be thoroughly t reviewed, r ann inquiry intto the event will take plaace, and correctiv ve action willl be discussed, if found to be approopriate. Anoonymous repporting is peermitted. Howeverr, it is imp portant that the ‘reportter’ understtand that thhe inquiry and any ouutcomes surround ding the incid dent will then n, by virtue of the anonyymity, remaiin unknown to the ‘reporrter.’ Mistreatment M t Reporting A Algorithm Discu ussion of Incidennt (Informal Report) Graduate Program Dire ector, Thesis Advvisor, Thesis Committe ee Member Ombudsperrsons Clerrkship /Coursse Direector Deans Attending, Chief Ressident, Chargge Nurse, Society Advissor Repo ort of Incident (Fo ormal Report) File a fformal reportt with: Associate D Dean for Stud dent Affairs Associate Dean fo or Graduate M Medical Educaation Associate De ean for Gradu uate Studies Dire ector of Nursing Dirrector of the Physician Asssistant Prograam Utilize thee Online Reporting Form Link:
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