In keeping with the long-standing traditions of the College and the spirit and letter of the federal and state equal opportunity laws, we affirm the standing policy of the College to realize equality of opportunity in education and employment; to guard against discrimination contrary to that aim; and to correct discriminatory behavior if found to exist within the College community. Consistent with maintaining an educational program of the highest quality, our standing policy includes affirmative efforts to achieve the above goals in employment and education.
The spirit of this declaration envisions a community in which diversity is not only tolerated but welcomed and viewed as a positive opportunity for learning and growth. In such a community coercion and harassment are not tolerated, whether against the differences protected in the formal statement, or against any difference of interests or life style where individual rights should be preserved. Concerns about equal opportunity issues may be expressed in several ways. Informal consultations with the deans, the equal opportunity officer, or a College counselor may either lead to a resolution of issues in educational or student life areas, or suggest further steps to be followed. Specific complaints of harassment, intimidation, or other violations, whether verbal or physical, will be treated as serious matters. A fully developed FORMAL grievance procedure for student equal opportunity concerns is also available for use when attempts at less formal resolution have not been successful (See the Equal Opportunity Grievance Procedure below.).
Living harmoniously in a residential college of Swarthmore's size, intensity, and diversity requires that each of us maintains the highest standards of respect for the individuality of all members of the community.
For an equal opportunity grievance involving a claim of discrimination with respect to traditional areas of academic freedom: academic standards, course requirements and content, teaching procedures, or grades, the procedure described in the Faculty Handbook (page II-A-3) under "Conventions of the College Community: The Classroom" which has as its stated purpose "to foster the academic freedom of all members of its [the College's] community," shall apply. A question as to which procedure applies-the Faculty Handbook procedure or the general student equal opportunity grievance procedure (see below)-shall be resolved by the provost after consultation with the equal opportunity officer.
The Faculty Handbook procedure is as follows: Students are free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for meeting the standards of any course of study in which they may be enrolled. Members of the faculty are solely responsible for establishing and maintaining the academic standards of the courses they teach. Students who strongly believe they have been evaluated capriciously or with prejudice are free to bring the matter to the attention of the appropriate department chair, or if necessary, the provost. Final judgment, however, must remain with the instructor. If, in such a case, discrimination is claimed, any of the participants should feel free to consult the Equal Opportunity Officer. The Equal Opportunity Officer may attempt to resolve the grievance informally by means of individual or group discussion with the participants. If the case reaches the provost, the provost will consult the Equal Opportunity Officer as well as the participants.
Step 2: The student must attempt to resolve the grievance informally by meeting with the person(s) claimed to have discriminated. The EO Officer will accompany the student to this meeting.
Step 3: The EO Officer will note whether agreement on a resolution of the grievance is reached during Step 2's required meeting, and will so notify the participants in writing. If the student wishes to pursue the grievance, he or she shall, within thirty days of receiving the EO Officer's notification, give the EO Officer a written statement. The statement should indicate the nature of the grievance, the evidence on which it is based, the solution sought, and the handling of the grievance to date.
Step 4: The EO Officer will consult the Equal Opportunity Advisory Committee (EOAC) to determine whether the grievance is a policy issue.
If the EO Officer and EOAC conclude that the grievance involves a policy issue, is an equal opportunity grievance, and is not lacking in merit, the EO Officer will consult appropriate administrators concerning the current college policy. The EO Officer will then notify the president in writing of the policy issue raised by the grievance and, in consultation with EOAC, may recommend to the President changes in policy. The procedure will then continue with Step 6 (Policy issue).
Step 6: The President will promptly initiate procedures to provide for an appropriate review of the policy in light of the EO Officer's recommendation to the President which may include a remedy for the student. The procedure will then continue with Step 7.
Step 6: To pursue an individual grievance, the student must submit the grievance in writing (with the EO Officer's assistance, if requested) to the chair of the Expanded College Judiciary Committee. The ECJC shall consist of the six members of the College Judiciary Committee, and the two student members and the two faculty members of the Equal Opportunity Advisory Committee, with the chair of CJC serving as ECJC chair. In a case in which the grievance involves staff only, two of the three staff members of EOAC (chosen by the chair of ECJC) will replace the faculty members. Members of the ECJC are expected to decline to participate in a case in which they deem themselves disqualified for bias or interest, and the chair of ECJC will appoint substitutes for that case. A quorum of ECJC must be present for a formal ECJC meeting or hearing to take place. A quorum shall consist of at least eight members, of whom at least four must be members of CJC and at least two must be members of EOAC. ECJC will hear a grievance only if either its chair or at least three of its members are persuaded that it is an equal opportunity grievance and is not lacking in merit. ECJC will conduct its hearing and formulate arecommendation under the rules which govern the procedures of CJC. ECJC will submit its recommendation to the President and to the student, in writing. The letter to the student will state that the recommendation is not final, but is subject to review and modification, as described in Step 7.
Step 7: The President may order a legal review of a recommendation resulting from Step 6. The President will either accept the recommendation, return it to the recommender(s) for modification, or modify it after consultation with the recommender(s) The President will inform the student, the EO Officer, and, in the Case of a policy issue, EOAC, of the president's final decision, in writing.
Step 8: If the student is not satisfied with the final decision regarding the grievance and wishes to pursue the matter further, he or she may request information from the EO Officer about any appropriate state or federal agencies.
Conclusion The procedure is provisional, to be used for handling equal opportunity grievances for three semesters after its publication. At the end of three semesters (or, at the discretion of the EO Officer, earlier), the procedure will be reassessed by the EO Officer and the Equal Opportunity Advisory Committee in consultation with appropriate administrators, Student Council, and representatives of the Student judiciary and College Judiciary Committees. If modifications of the procedure appear necessary, EOAC will recommend them to the President, the Committee on Faculty Procedures, and Student Council.