Non-Discrimination Policy, 1.37

This policy applies to all Philadelphia College of Osteopathic Medicine ("PCOM" or "College") faculty (whether full, part-time, adjunct or clinical), staff, employees, and students (collectively "Community Members") and Third Parties (as defined herein).

Philadelphia College of Osteopathic Medicine is committed to providing Community Members with an environment free from unlawful discrimination and harassment. PCOM seeks to foster an inclusive educational and work environment for all faculty, staff, employees, and students. PCOM prohibits discrimination on the basis of age, race, sex, color, gender, gender identity and expression, national origin, ethnicity, ancestry, sexual orientation, religion, creed, disability, genetic information, marital status or any other legally protected class status in all its programs, activities, and employment practices. PCOM will not tolerate unlawful discrimination or harassment of any kind and subscribes to the principles and adheres to the requirements of state and federal law pertaining to civil rights and equal opportunity. Philadelphia College of Osteopathic Medicine is an equal opportunity employer.

Complainant: The person who reports a violation of this policy.

Respondent: The person whose actions are alleged to have violated this policy.

Retaliation: Retaliation is action taken by an individual absent legitimate nonretaliatory purposes, directed against an individual as reprisal for filing, participating in an investigation or proceeding, or otherwise for asserting rights protected by this policy.

Third Party: A visitor, volunteer, vendor, alumni, or contractor on PCOM property or who is participating in a College-sponsored activity or is providing services to the College; applicants for admission to an academic program; and applicants for employment with the College.

Unlawful Discrimination: An adverse action or decision that is based on or motivated by an individual's age, race, color, gender, gender identity and expression, national origin, ethnicity, ancestry, sexual orientation, religion, creed, disability, genetic information, marital status, or any other legally protected class status.

Unlawful Harassment: Behavior based on age, race, color, gender, gender identity and expression, national origin, ancestry, sexual orientation, religion, creed, disability, genetic information, marital status or any other legally protected class status that is so severe or pervasive that it interferes with an individual's performance or creates an intimidating, hostile or offensive environment. It may include, but is not limited to: unwanted physical contact, use of epithets, inappropriate jokes, comments or innuendos, obscene or harassing telephone calls, emails, letters, notes or other forms of communication. (Sexual harassment is outside the scope of this policy and is addressed in Policy #1.38 – Sexual Harassment (Title IX).)

1. Reporting:
   
   1. Individuals who believe they have experienced Unlawful Discrimination or Harassment are encouraged to make a report to PCOM. The PCOM Equal Opportunity and Access Manager (Title IX Coordinator) is designated to receive allegations and reports of violation of this policy.
   2. Reports of violations of this policy may be made to PCOM via either:
      
      
      1. The Equal Opportunity and Access Manager directly at:
         Rowland Hall
         4190 City Avenue
         Philadelphia, PA 19131
         Telephone: 215-871-6528
         Email: titleixcoordinator@pcom.edu
         
         OR
      2. The PCOM Compliance Hotline at 844-337-3613 or pcom.ethicspoint.com. Such reports may be made anonymously. The College's response to anonymous reports may be limited.
   3. Upon receipt of a report of alleged violation of this policy, the Equal Opportunity and Access Manager or his/her designee conducting the intake process will discuss with the Complainant preliminary details about the basis of the report. If the matter is identified as suspected Unlawful Discrimination or Harassment hereunder, the Director of Compliance will be notified by the Equal Opportunity and Access Manager.
2. Investigation:
   1. Reports of violations of this policy will be investigated by the PCOM Director of Compliance, or upon consultation with the Chief Legal Affairs and Compliance Officer, outside legal counsel.
   2. Whether or not requested by the Complainant, interim protective measures (such as a no contact directive or a supervised or alternative reporting structure) to support a positive work or learning environment while an investigation is proceeding may be implemented in the College's discretion.
   3. The Director of Compliance will prepare a written report summarizing the results of his/her investigation and findings.
   4. All allegations and reports with respect to the alleged violation of this policy together with the disposition thereof shall be provided on a confidential basis to the PCOM Institutional Compliance Committee.
3. Government Agency or Legal Proceedings
   A legal proceeding against the College alleging Unlawful Discrimination or Harassment stemming from allegations reported under this policy may supersede an investigation by the Director of Compliance. In such event, the matter will be referred by the Director of Compliance to the Chief Legal Affairs and Compliance Officer for procedural determinations.
4. Discipline:
   Upon written recommendation of the Director of Compliance, the President or Provost or their delegate will make the final determination, in their discretion, as to any remedial or disciplinary actions required to address a violation of this policy found to have occurred. As appropriate, PCOM will provide the Complainant the outcome of the report and notice of any discipline imposed on the Respondent that directly relates to the Complainant.
5. Conflict of Interest:
   If a Conflict of Interest is disclosed by or identified for any individual involved in the intake, investigative or determination process, a designee will be appointed to replace the conflicted person. If the conflict involves the Equal Opportunity and Access Manager, the appointment of a designee will be made by the Chief Human Resources Officer. If the conflict involves the Provost or the Director of Compliance, the designee appointment will be made by the President. If the conflict involves the President, the designee appointment will be made by the Chairman of the Board of Trustees.
6. Administrative Closure of a Report without Investigation:
   1. PCOM may decide in its discretion not to proceed with an investigation under this policy for reasons, including but not limited to:
      
      
      1. A Complainant, even after contact and follow up with an investigator, fails to provide sufficient detail of the alleged conduct that is the basis of the report.
      2. The conduct alleged in the report is not covered by this policy.
      3. The Complainant refuses to cooperate with PCOM's investigation.
   2. If it is determined that the PCOM will not proceed with investigation of a report, the Equal Opportunity and Access Manager will notify the Complainant (if not anonymous) in writing, stating the reason(s) why the complaint is not being investigated. The notification letter will include a statement informing the Complainant that a request for reconsideration of the determination can be submitted within ten (10) business days to the Director of Compliance at Levin Admin Building, 4170 City Ave, Philadelphia, Pa. 19103.
7. Extensions of Time:
   Every reasonable attempt to adhere to the time frames set forth in these procedures will be made by the individuals addressing a reported complaint. However, it is recognized that circumstances may necessitate an extension of time. Therefore, the Equal Opportunity and Access Manager or Director of Compliance may extend the time limits set forth in these procedures as they deem necessary.
8. Retaliation and Good Faith Reporting
   1. Retaliation against an individual who complains of Unlawful Discrimination or Harassment, or assists in an investigation involving this policy, is prohibited. Individuals found to have engaged in retaliatory actions are subject to disciplinary action, up to and including termination or dismissal from employment or academic programs.
   2. PCOM Community Members and Third Parties reporting under this policy are expected to make reports in good faith. Knowingly or maliciously making a false report of Unlawful Discrimination or Harassment is prohibited and subject to disciplinary action, up to and including termination or dismissal from employment or academic programs.
9. Confidentiality
   Reports and investigations of suspected unlawful discrimination or harassment shall be kept confidential to the extent reasonably possible, consistent with the need to conduct an adequate investigation. Disclosure of reports made under this policy to individuals not involved in the intake, investigation or resolution of the matter or in violation of any PCOM policy may be subject to disciplinary action, up to and including termination or dismissal from employment or academic programs.
10. Training
    Faculty, staff, employees and students will receive training as to the contents of this policy, periodically as well as upon matriculation to or hiring by the College. A current copy of this policy will be posted on the intranet at my.pcom.edu. Individuals with responsibilities for implementing this policy will receive periodic relevant training.
11. Retention of Records
    All written records associated with the reporting, investigation and resolution of a complaint will be maintained in accordance with PCOM's records retention policy.

Reporting Sources

In addition to reporting any suspected Unlawful Discrimination or Harassment to PCOM, the following reporting options to external agencies are available to Complainants:

Equal Employment Opportunity Commission (EEOC):

In Georgia:
100 Alabama Street SW, Suite 4R30, Atlanta, GA 30303
Ph: 800-669-4000

In Pennsylvania:
801 Market Street, Suite 1300, Philadelphia, PA 19107-3127
Ph: 800-669-4000
Email: pdocontact@eeoc.gov.

Georgia Commission on Equal Opportunity:

7 Martin Luther King, Jr. Dr. SE, Suite 351 – Agriculture Building, Atlanta, GA 30334
Ph: 800-473-6736

Pennsylvania Human Relations Commission (PHRC):

101 S. Second Street, Suite 300, Harrisburg, PA 17101
Ph: 717-787-4410

Department of Education - Office of Civil Rights (OCR):

For Pennsylvania and Georgia:
61 Forsyth Street S.W., Suite 19T10, Atlanta, GA 30303-8927
Ph: 404-974-9406
Email: OCR.Atlanta@ed.gov

For more information on the Office of Civil Rights, please visit:
https://www.ed.gov/about/ed-offices/ocr#contact-us