According to FERPA, in order for Westminster College to release a student's education records to parents or guardians (or discuss this information with them), the student must give his or her written consent.  Education Records Release Consent Forms are available in the Registrar's Office.

As a result of this federal legislation, records in the offices of Admissions, Career Center, Dean of the Chapel, Dean of Student Affairs, Financial Aid and the Registrar as well as all student records maintained in other Westminster College offices except the Counseling and Student Health Center will be open to review in the presence of the appropriate College administrator upon written request by a student. Records in the Counseling and Student Health Center may be reviewed by a physician or other professional of the student’s choice in the presence of the appropriate administrator.

A student’s medical records will be available to him/her for a period of three (3) years following the termination of the College-student relationship (e.g., graduation, withdrawal from College, etc.). All student medical records will be discarded by the College after the three-year period. All requests for a former student’s medical records must be made in writing by that individual to the Dean of Student Affairs.

A student's disciplinary records will be retained by the Office of Student Affairs for a period of five (5) years following the termination of the College-student relationship.  Disciplinary records will be retained indefinitely by the College in cases of disciplinary suspension or expulsion.

Any material contained in a student’s file dated prior to January 1, 1975, produced in expectation of confidentiality shall continue in that status — for example: health records, psychological records, psychological tests results and diagnostic data, interest inventories, admissions and placement references, high school transcripts, financial aid data, and all reference letters.

Students are entitled to one copy of material dated after January 1, 1975. Costs of reproduction shall be the responsibility of the student. Students may not remove material from any file.

If information in a student’s file is challenged, the author of the material shall be notified, if possible, and afforded the opportunity to debate or alter the information. If the author does not change the challenged material to the satisfaction of the student or if the author cannot be practically contacted within 45 days of the written request of the student, the student may present the case before a hearing board appropriate to the case appointed by the President of the College which shall comprise faculty, administration, and students. Written clarification or rebuttal to the contested material or additional written comments may be added to the file by the student.

Any challenge to professional diagnosis or opinion (such as medical, psychiatric, or psychological diagnosis) must be on the basis of other professional opinion or diagnosis furnished by the challenger. Such additional information will be placed in the file of the student. The right to challenge a recorded grade given in any course is not within the jurisdiction of this policy.

Faculty and administrators may have access to student records in all offices other than the Counseling Service, Financial Aid, Student Health Center, and Business Office for legitimate educational reasons. Such reasons are to be determined by the appropriate administrator.

The release of any information to the third party other than a member of the faculty and administration of Westminster College will take place only after written consent is obtained from the student who shall verify the records to be released, to whom, and the reason for the release. Exceptions may be made in cases of compliance with judicial order or in response to a lawfully issued subpoena.

Students who request to review or challenge any records held in any office at Westminster College shall be required to submit a written request to the appropriate administrator stating the records to which there is desired access. Procedural details may be obtained from the Office of Student Affairs.

Westminster considers the following as directory information which can be released to the public without waiver unless specifically requesting in writing by the student not to be released: name, address, telephone listings, parents’ and/or guardian’s name, date and place of birth, major field of study, participation in officially recognized activities and sports, weights and heights of members of athletic teams, class year, enrollment status (full- or part-time), dates of attendance, degrees and honors or awards received, date of graduation, and previous educational institutions attended.

EQUAL OPPORTUNITY POLICY

Consistent with its faith tradition, Westminster College strives to maintain an academic and working environment based on the principle of the dignity and worth of every human being.  Westminster is an equal opportunity employer and does not discriminate, and will not tolerate discrimination, on the basis of race, color, national origin, ethnic origin, sex, sexual orientation, age, or handicap or disability as those terms are defined under applicable law.  In its employment practices, the College may consider the individual’s support of the philosophy and purposes of Westminster as stated in the Undergraduate Catalog. Otherwise, Westminster does not discriminate, and will not tolerate discrimination, on the basis of religion or creed.  Harassment is a form of discrimination.  It includes physical, verbal, or any other behavior, including written or non-verbal symbols, that either disregard the harmful effects on, or that intend to hurt or intimidate, a specific individual, group of individuals, or campus organization on the basis of one or more of the criteria listed above in this policy.  This policy applies to all employees and applicants for employment in connection with hiring, compensation, training, placement, transfer, promotion, demotion, discipline, termination, recruitment, or other terms and conditions of employment.  Inquiries concerning compliance with this policy should be addressed to the Equal Opportunity Officer, Westminster College, New Wilmington, PA  16172-0001 (724) 946-7247.

DISCRIMINATION / HARASSMENT POLICY

SSexual harassment is an act of coercion (an inappropriate use of power) that can occur between any individuals formally associated with the College, for example, between an employee and a supervisor, between coworkers, faculty members or between a faculty, staff or student and a customer, vendor or contractor, or between a student and a faculty member or another student.  Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, participation in any program or activity, or status in an academic course;

2. Submission or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individuals; or

3. Such conduct has the effect of unreasonably interfering with an individual’s work performance or educational experience, or creates an intimidating, hostile or offensive environment for working, learning, or living on campus.

Thus, sexual harassment encompasses any sexual attention that is unwanted.  Verbal, visual, and physical conduct prohibited by College policy includes, but is not limited to:

1. Physical assault;

2. Direct or implied threats that submission to or rejection of sexual advances will be a condition of employment, work status, promotion, grades or letters of recommendation;

3. A pattern of conduct (not legitimately related to the subject matter of a course) that causes discomfort or embarrassment including:

(a) Inappropriate comments of a sexual nature;

(b) Sexually explicit questions, jokes or anecdotes;
(c) Touching, patting, hugging, intentionally brushing against a person’s body, or repeated or unwanted staring;

(d) Inappropriate remarks about sexual activity, experience or orientation; or

(e) Display of inappropriate sexually oriented materials in a location where others can see them; when such conduct, comments, actions or materials unreasonably interfere with a person’s working, living, or academic environment.

JURISDICTION AND RESPONSIBILITIES

All faculty, staff, students, and other individuals formally associated with the College are subject to and responsible for complying with Westminster College’s Discrimination/ Harassment Policy.  The Office of Human Resources is responsible for the administration of this policy and associated procedures.  The President, Vice Presidents, Deans, Department Chairs, administrative officials, and supervisors shall be responsible for assuring compliance with this policy.

Student-to-student acts of discrimination, harassment, or sexual harassment complaints will be adjudicated through the Office of Student Affairs.

RETALIATION, CONFIDENTIALITY AND FALSE ALLEGATIONS

Reprisals against any individual covered by this policy for reporting discrimination, harassment, or sexual harassment are prohibited by College policy, as well as by state and federal law.  The College will make every reasonable effort to conduct all proceedings in a manner which will protect to the extent possible the confidentiality of all parties.  Of primary concern is the protection of human rights, especially personal safety, dignity, and self-respect.  Every reasonable attempt will be made to protect any victim from further discrimination, harassment, or injury.  It is a violation of this policy for anyone knowingly to make false accusations of discrimination, harassment, or sexual harassment.  A determination that a complaint is not meritorious is not necessarily equivalent to false allegation.  Sanctions may be imposed for making false accusations of discrimination, harassment, or sexual harassment.

CONSENSUAL SEXUAL RELATIONSHIPS

The College recognizes the possibility of consenting relationships between faculty or administrators and students, or between supervisors and employees; nonetheless, faculty and administrators are cautioned about the potential ramifications of such behavior.  In addition, no faculty member at Westminster shall have a romantic and/or sexual relationship (consensual or otherwise) with a Westminster student who is enrolled in a course taught by the faculty member, or whose work or extra-curricular activity is being supervised and/or evaluated by the faculty member.  The aforementioned statement is not intended to apply to a spousal relationship. Given the respect and trust accorded a professor or administrator by a student, as well as the power exercised by the professor or administrator in giving praise, blame, grades, recommendations, etc., the student’s freedom of choice and clarity in decision making may be diminished.  The same is true for all superior/subordinate relationships on campus, be they between administrators and faculty, staff, or students, faculty and staff, staff and students, or faculty and students.  Any College employee who enters into a consenting sexual relationship with a student or subordinate where a professional power differential exists must realize that, if a charge of sexual harassment is subsequently filed, the fundamentally asymmetrical nature of the relationship will make it exceedingly difficult to prove mutual consent.

DISCRIMINATION/HARASSMENT COMPLAINT INVESTIGATION OFFICER

The Director of Human Resources will serve as the College’s Discrimination/ Harassment Complaint Investigation Officer (CIO).  The CIO is responsible for:

(1) ensuring that all concerns and complaints alleging discrimination, harassment, or sexual harassment are documented (e.g., using the Discrimination/
Harassment/Sexual Harassment Incident Report form)   and investigated;

(2) for maintaining the records of all such reports and investigations; and

(3)   for assuring that proper procedures are followed.
Charges brought against the CIO shall be submitted to the Vice President for Finance and Management Services.  The President shall then appoint someone else to assume the duties of the CIO.

PROCEDURES FOR ADDRESSING INCIDENTS OF ALLEGED DISCRIMINATION/HARASSMENT

The College’s procedures are designed to allow for sufficient flexibility in order to deal with the possible wide range of incidents that are encompassed under the terms discrimination, harassment, or sexual harassment.  Individuals who feel they have been discriminated against, harassed, or sexually harassed are encouraged to report the matter to the Director of Human Resources or their appropriate Vice President or Dean.  While reasonable efforts will be made to resolve a concern or a formal complaint in an expeditious manner, there may be occasions where, due to the seriousness of any such charge, expediency must play a subservient role to conducting a thorough investigation.

Faculty, administrators, staff, and students who receive expressions of concern or complaints about acts of alleged discrimination, harassment, or sexual harassment are to immediately inform the CIO or their appropriate Vice President or Dean of such incidents.
 

RESOLUTION OF CONCERNS AND COMPLAINTS

Initially and where feasible, attempts should be made to resolve concerns about acts of discrimination or harassment through informal discussions.  Individuals who feel they may have been subject to such treatment (the "Complainant") are encouraged to engage in direct discussions with the responsible party (the “Respondent") in an attempt to resolve the concern.  In addition, individuals are also encouraged to discuss the incident(s) with the CIO.  This discussion should assist in determining the validity of the charge, scope of the problem, and possible causes of action which may include, but are not necessarily limited to, informal meetings with the accused to discuss the allegations, discussions with the accused’s supervisor, full investigation of the allegations by the CIO and issuance of findings and recommended corrective actions as may be warranted.

The CIO, in consultation with the appropriate Vice President or Dean, shall determine whether corrective action is warranted.  Such determinations shall be made on a case by case basis considering the totality of the circumstances.  Reports of alleged discrimination, harassment, or sexual harassment brought against any College employee by one or more persons may warrant corrective action regardless of whether or not a written complaint is filed under the College’s Discrimination/ Harassment Policy.  [Corrective actions against a faculty member may be grieved by the faculty member under Section 2.11 of the Faculty Handbook or, in the case of a sanction of dismissal, the procedures of Section 2.6.4 of the Faculty Handbook would apply.] 

EDUCATION AND PREVENTION

The establishment of a campus environment that is as free as possible from discrimination, harassment, and sexual harassment can be best achieved through ongoing and preventive educational efforts designed to ensure that persons are aware of their rights, that persons clearly understand prohibited conduct, and that persons are aware of the proper way to address complaints.  The Director of Human Resources will coordinate these educational programs.

The College will conduct annual training sessions for all faculty, staff, and students regarding this policy and the prevention of discrimination, harassment, and sexual harassment.  The intent of this training is to produce an institution that is free of discrimination and harassment and that provides the opportunity for everyone to reach full potential in the performance of his or her assigned job or educational pursuits.