A.       General

Midwestern State University has a tradition of providing a caring and nurturing environment in which students and employees can pursue excellence. Politeness and friendliness are virtues which members of the university community seek to demonstrate in their day-to-day interactions. Rude and/or hostile behavior, on the other hand, not only violates the university's tradition of friendliness, but undermines rational discourse and interferes with the educational process. Therefore, it is the policy of Midwestern State University that all employees, students and authorized users of university facilities be able to enjoy a campus environment free from all forms of discrimination, including racial or ethnic harassment.

B.       Definition

For the purposes of university policy, the term "racial harassment" refers to any behavior, verbal or physical, that stigmatizes or victimizes individuals on the basis of race, ethnic or national origin that:

1.       Involves a stated or implicit threat to the victims academic or employment status; and/or

2.       Has the purpose or result of interfering with an individual's academic or work performance; and/or

3.       Creates an intimidating or offensive academic, work or campus environment.

C.      Application

The university regards such behavior as a violation of the standards of conduct required of all persons associated with the institution. The prohibition against racial harassment applies to all interactions occurring on campus, in university facilities, in conjunction with university-related activities or within the context of recognized student organizations.

D.      Determination Criteria

Not every act that might be offensive to an individual or a group necessarily will be considered as harassment and/or a violation of the university's standards of conduct. In determining whether an act constitutes racial or ethnic harassment, the totality of the circumstances that pertain to any given incident in its context must be carefully reviewed and due consideration must be given to the protection of individual rights, freedom of speech, academic freedom and advocacy.

E.       Complaint Procedure.

1.       Any university employee, student or other member of the university community who believes he or she has been a victim of racial harassment while working at the university or in class or other campus setting (whether by subordinates, peers, superiors, or other persons) should bring this matter to the immediate attention of any of the following: his or her supervisor, Director of Human Resources, department head, graduate program coordinator, academic department chairperson, dean, or Dean of Students.

2.       Any official receiving a complaint should notify the EEO Coordinator to make certain that follow-up action is coordinated. The EEO Coordinator will serve as a clearing house for all related activities.

3.       If satisfaction is not adequate at initial levels, any affected individual should feel free to bring the matter to the attention of the Provost and Vice President for Academic Affairs, Vice Presidents or the President. Confidential assistance also is available through the Counseling center.

4.       Action will be taken to examine impartially and resolve promptly any complaint. Complaints that cannot be resolved by informal means, through help of the officials and services listed above, may be resolved through the university's formal student, staff, or faculty grievance procedures. (See MSU Policies and Procedures Manual or MSU Student Handbook for details on how to initiate grievance procedures.)

5.       Upon request to any of the above officials, a special committee or procedure may be established by the President to consider a complaint and possible resolution. Any such committee will consist of no less than three (3) members and no more than five (5) and may include faculty members, administrators, staff members, and students in a mix suitable to deal with the complaint

6.       Confidentiality of all parties will be respected to the greatest extent possible, and employees, students and others will not be subjected to retaliation of any kind for reporting incidents of racial harassment.