Glossary of Terms


 

Accommodation - A waiver of a requirement, a provision of an aide, or other method for providing assistance to an individual necessary to allow that person regardless of disability or religion, to have equal access to the workplace, facilities and services provided by the university.

 

Affirmative Action refers to positive efforts made to expand applicant pools to include members of a particular race, gender, ethnicity or other groups such as persons with disabilities and veteran status who may have been previously excluded for employment opportunities. These efforts must comply with applicable laws and regulations.


Affirmative Action Officer (AAO) - The person that the university president has appointed to administer this policy and procedure.  At James Madison, this role is filled by the Director of the Office of Equal Opportunity, James R. Robinson.  Contact at 540-568-6991.

 

Appropriate Vice President - the university vice president with authority over the respondent.

 

Behavior Date/Objectionable Behavior - The term “behavior date” refers to the most recent time that the respondent engaged in the objectionable behavior.  Objectionable behavior refers to the discriminatory or harassing behaviors that the complaint describes.

 

COMPLAINANT – A university community member who files a complaint under this policy.  The complainant must be the party harmed by the discrimination or harassment.  (A complaint filed under JMU Policy 1324 cannot be filed anonymously or on someone else’s behalf.) 

 

Complaint - a signed, written document detailing the allegations, naming the respondent, and providing as much detail as possible about the charges.  The complaint must be filed with the affirmative action officer (AAO) by the complainant not later than 60 days after the last behavior date.  The AAO may extend this period by up to 30 days if an informal resolution is in progress.  The complaint cannot be filed anonymously or on behalf of another person. 

 

Complaint Commencement Date – the date, set by the AAO, upon which the formal complaint process begins.  The date is used to set the timeline for the rest of the process.  For example, within 15 days after the commencement date, the AAO must complete an initial investigation and present preliminary findings to the complainant, respondent, and the university vice president with authority over the respondent.  See flowchart for additional timeline details.

 

Discrimination - To take an adverse action or provide unequal treatment based on a person's age, race, color, national origin, gender, religion, sexual orientation, veteran’s status, political affiliation, or disability when such action deprives a person of a privilege or right (such as a benefit, an equitable evaluation, a grade, a position or a promotion), or otherwise adversely affects the person.

 

Discriminatory practices - Include harassment; retaliation against an individual for filing a charge of discrimination or participating in an investigation or opposing discriminatory practices; decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain protected class; and denying opportunities to a person because of marriage to, or association with, an individual of a particular protected class.

 

Equal Employment Opportunity is the right of all persons to be considered fairly based upon their ability to perform the requirements of the job.

 

Formal Complaint Process - This process begins by filing a written complaint alleging discrimination or harassment with the university's Affirmative Action Officer (AAO). Click here for a flowchart that details the formal complaint process.

 

 

Harassment - A form of discrimination consisting of unwelcome offensive physical, verbal or written conduct that denigrates or shows aversion or hostility towards a person on the basis of age, race, color, national origin, gender, religion, sexual orientation, veteran’s status, political affiliation, or disability. 
in the following situations:

  1. When submitting to or rejecting the conduct is made the basis for a personnel action or an action affecting a student, or a recommendation for a personnel action (such as hiring, promoting or salary adjustment), or an action affecting a student (such as admission or retention), or evaluation (such as promotion, tenure, compensation or work condition adjustment of an employee or grading of a student).
  2. When the conduct has the purpose or effect of unreasonably interfering with the performance of an employee or a student.
  3. When the conduct creates a hostile, intimidating or offensive learning or working environment.

 

Hearing Panel – If a complaint goes to a hearing, a panel will be appointed by the UCO/AAO made up of three voting members selected from the University Hearing Board.  There must be at least one voting member from the complainant’s classification and at least one from the respondent’s classification.  The UCO/AAO serves as non-voting chair of the Hearing Panel but will not attend Panel deliberations.

 

Informal Resolution – Resolution reached via informal means such as discussion, mediation, etc. without filing a written complaint under this policy.  The university recommends attempting informal resolution; however, it is not required and complainants may proceed directly to the formal complaint process.  This flowchart details the informal resolution process.

 

Mediation – Mediation is a process designed to encourage open conversation between participants through facilitation.  Mediation may be recommended to the complainant and respondent; however, mediation is entirely voluntary and choosing not to participate will not be considered adversely in future proceedings.   Read more about mediation at JMU here: http://www.jmu.edu/humanresources/hrsc/mediation.shtml

 

Ombudsperson - The Ombudsperson is a resource all JMU staff.  The Ombudsperson can assist with any workplace issues and disputes and also provides information if a staff person wishes to pursue a complaint through the Virginia state grievance process.  For more information: http://www.jmu.edu/humanresources/hrsc/employeeombudsperson.shtml

 

Protected Class – Protected classes are groups of people with certain characteristics that are protected from discrimination or harassment by federal and state laws, as well as JMU policies.  JMU recognizes protected classes based on the following characteristics:  race, color, national origin, religion, gender, age, veteran status, political affiliation, sexual orientation, and disability.

 

Removal of Hearing Panel member – The complainant and respondent shall each have the right to cause the UCO to remove one member of the Hearing Panel without having to provide any reason by providing written notice to the UCO at least 4 days prior to the scheduled hearing date.  In addition, either the complainant or respondent may request that the UCO remove any additional Hearing Panel member by providing a valid reason in writing.  If the designated UCO determines that any such request is reasonable, the request shall be granted.

 

RESPONDENT – The alleged perpetrator of the discrimination or harassment.  For a complaint to be filed under Policy 1324, the respondent must be a university community member.

 

Retaliation - Overt or covert acts of reprisal, discrimination, harassment, interference, intimidation, penalty, or restraint against an individual or group exercising rights under the complaint or grievance processes.  This includes providing evidence or acting as a witness on behalf of a complainant or respondent involved in a complaint.  Retaliation shall be deemed to constitute harassment and, therefore, will be considered a separate violation of this policy.  If retaliation occurs, a separate complaint should be made.

 

Sanction – a disciplinary action or penalty

 

Sexual Harassment - Any unwelcome sexual advance, request for sexual favors, or verbal, written or physical conduct of a sexual nature by a manager, supervisor, co-workers or non-employee (third party).  Sexual harassment may occur between members of opposite genders or the same gender.  It may occur on the basis of sexual orientation.  It may occur in any context in which sex is introduced into a business or university relationship.  Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision.

  • Quid pro quo – A form of sexual harassment when a manager/supervisor/professor or other person of authority gives or withholds a work- or school-related benefit in exchange for sexual favors. Typically, the harasser requires sexual favors from the victim, either rewarding or punishing the victim in some way.
  • Hostile environment – A form of sexual harassment where there is sufficiently severe or pervasive unwelcome conduct that has the purpose or effect of unreasonably interfering with the performance of an employee or student.  In a hostile environment situation, the conduct may create an intimidating, hostile, or offensive education or working environment, and may include such conduct as:
  1. Unwelcome physical contact or behavior, such as touching, or making sexually explicit gestures, or jokes;
  2. Unwelcome displays of posters, pictures, words, or messages;
  3. Unwelcome sexual remarks, such as making suggestive statements about an individual’s body, clothes, or movements;
  4. Introduction of sexually explicit materials into the classroom or workplace without a legitimate educational or work-related purpose.

 

Timely filed – the proper documents were filed within policy deadlines

 

University Community Member - An individual affiliated with the university in one or more of the following full- or part-time capacities:

  • Administrative and professional faculty member
  • Classified employee or other employee (such as wage or part time)
  • Instructional faculty member
  • Student (graduate or undergraduate)

 

University Complaint Officer (UCO) – The individual designated by the AAO to chair a hearing under Policy 1324. A pool of individuals is appointed each year by the AAO to serve as potential university complaint officers, and the UCO in a specific case is chosen from this pool.  In some cases, the role of the UCO will be filled by the AAO.

 

University Hearing Board – A pool of university community members appointed each year by the AAO and from which a panel is chosen by the UCO to hear a complaint filed under this policy.