Policy Number: EC.03.01.170808
Applies to: WSU Elson S. Floyd College of Medicine Medical (MD) Students, Faculty, and Staff
Date: 8/20/2024
1.0 Policy Statement:
The learning environment should be free from ridicule, exploitation, sexual, and other forms of harassment, physical harm and threats so that students can learn, conduct research and scholarly projects, and train for clinical care in a supportive environment that promotes learner well-being.
2.0 Definitions
AAMC
The Association of American Medical Colleges is a non-profit association for US and accredited Canadian medical schools.
Business Policies and Procedure Manual (BPPM) 60.13
WSU policy that defines prohibited consensual romantic or sexual relationships between Faculty, Staff, and/or Students.
Executive Policy (EP)15
WSU policy that prohibits discrimination, sexual harassment, and sexual misconduct.
Microaggression
A comment or action that subtly and often unconsciously or unintentionally expresses a prejudiced attitude toward a person or group.
CCR
Compliance and Civil Rights is Washington State University’s (WSU) central intake, referral, and investigative office for matters that implicate Executive Policy (EP)15 and will work with the College of Medicine, if applicable.
Hazing
Any act committed as part of a person’s recruitment, initiation, pledging, admission into, or affiliation with a recognized or registered student organization or any pastime or amusement engaged in with respect to such an organization that causes, or is likely to cause, bodily danger or physical harm, or psychological or emotional harm, regardless of the person’s willingness to participate (source: WAC 504-26-206)
Protected Classes
Sex, sexual orientation, gender identity, religion, age, race, color, creed, national or ethnic origin, marital status, genetic information, status as a protected veteran, an honorably discharged veteran, or member of the military, physical, mental, or sensory disability, including the use of a trained service animal, and immigration or citizenship status, except as authorized by federal or state law, regulation, or government practice (source: EP15)
Retaliation
Intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privileged secured by EP15, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under EP15 (source: EP15).
Student Mistreatment
Mistreatment, either intentional or unintentional, occurs when behavior negatively impacts the dignity of others and/or unreasonably interferes with the learning process. Examples of mistreatment include: public belittlement or humiliation; verbal abuse (e.g., speaking to or about a person in an intimidating or bullying manner); physical harm or the threat of physical harm; explicit or implicit requests to perform personal services; being subject to sexist remarks or being subjected to unwanted sexual advances (verbal or physical); being subject to derogatory remarks; retaliation or threats of retaliation; discrimination or harassment based on protected class; and the use of grading or other forms of assessment in a punitive, retaliatory, or discriminatory manner. Mistreatment can be perpetrated by faculty, staff, residents, and/or students.
The following are examples of student mistreatment (see the Association of American Medical Colleges Graduation Questionnaire):
- Public humiliation
- Threats of physical harm
- Physical harm
- Bullying, intimidating, or coercive behavior
- Requirements to perform personal services
- Unwanted sexual advances
- Being asked to exchange sexual favors for grades or other rewards
- Denial of opportunities for training or rewards based on gender or gender identification
- Subjected to offensive sexist remarks/names or offensive remarks/names due to sexual orientation (e.g. directed toward patients, staff, learners, others)
- Subjected to racially or ethnically offensive remarks/names used in the learning environment (e.g. directed toward patients, staff, learners, others)
- Subjected to offensive remarks/names related to a disability
- Received lower evaluations or grades solely because of gender, race/ethnicity and/or a disability rather than performance
- Denied opportunities for training or rewards based on sexual orientation, race/ethnicity, and or related to a disability
- Subjected to negative or offensive behavior(s) based on personal beliefs or characteristics other than gender, race/ethnicity, sexual orientation, or disability
- Microaggressions
Washington Administrative Code (WAC) Standards of Conduct for Students
University policy that defines behavior that does not meet our community expectations that applies to all students, regardless of location of enrollment.
Washington Medical Commission (WMC) Policy on Practitioners Exhibiting Disruptive Behavior
Policy indicating that disruptive behavior on the part of a practitioner is a threat to patient safety.
WSU’s Definition of Discrimination
includes disparate treatment, disparate impact, discriminatory harassment, sex-discrimination, sexual harassment, Title IX sexual harassment, quid pro quo harassment, violation of discrimination laws, dating violence, domestic violence, stalking, and sexual misconduct that are prohibited on the basis of protected classes or characteristics listed in EP15.
3.0 Responsibility
Office of Educational Affairs
4.0 Procedures
Reporting Incidents of Student Mistreatment
Student mistreatment may be reported in several ways (outlined below) and may be done anonymously, though anonymous reports may be more difficult to investigate unless the reporter provides sufficient information and details about the conduct or incident being reported so it can be completely and thoroughly investigated.
- Compliance and Civil Rights (CCR): Student mistreatment involving discrimination, discriminatory harassment, sex discrimination, or sex-based harassment (including stalking, domestic violence, dating violence, and sexual assault) can be reported to CCR in accordance with EP15. Most non- confidential WSU employees are required to report sex discrimination and sex- based harassment; supervisory employees must report all other forms of discrimination and discriminatory harassment. Individuals should review EP15 for the details regarding making reports to CCR, including anonymous reporting and the limitations regarding the confidentiality of reports, as well as their employee reporting responsibilities.
Reports may be made online, by calling 509-335-8288, or by emailing ccr@wsu.edu. - Human Resource Services (HRS): Student mistreatment involving prohibited consensual romantic relationships between faculty or staff and a student must be reported to HRS in accordance with BPPM 60.13. Individuals should review BPPM 60.13 for the details regarding making reports to HRS including anonymous reporting and the limitations regarding the confidentiality of reports.
Certain WSU employees, including, but not limited to, the regional campus deans, Deans of Student Affairs, the Associate Dean for Assessment, Evaluation, and Curriculum Management (ADAECM) and Chairs, are required to promptly report all alleged prohibited consensual romantic relationships between faculty or staff and a student directly to HRS. Students, although not required, are encouraged to report potential violations to HRS. - Center for Community Standards (CCS): Peer to peer student mistreatment can be reported to CCS. Any and all reports of alleged hazing should be reported to the CCS. All WSU employees and volunteers are required to report alleged hazing to the CCS. Students, although not required, are encouraged to report potential violations to CCS. Reports can be made online, through email at community.standards@wsu.edu, or by calling 509-335-4532.
- Other avenues for reporting within the College include (refer to the Student Mistreatment section of the Student Handbook for more detail):
- Student Mistreatment FormCollege Administrators
- Evaluations
- Faculty and/or Staff Student Mistreatment Incident Management (including procedures for intake, investigation, and appeal): See Student Handbook Section 2: Student Mistreatment
Protection from Retaliation
Retaliation, in any form, against an individual for filing a good faith complaint of discrimination and/or sexual harassment, and/or mistreatment is a violation of University policy for all faculty, staff, and students. Appropriate action will be taken to protect covered individuals from harm or any type of retaliation. In the case of a student this may include removing them from the learning environment and re-assignment of assessment activities. Faculty, residents, staff members, or students who have been accused of mistreatment are informed that retaliation is regarded as a violation of the College and University policies. Individuals who feel they are being retaliated against because of a mistreatment report should immediately speak with the appropriate investigative body such as CCR, CCS, or a Dean of Student Affairs when applicable. Retaliation will be regarded as a separate and/or additional allegation of mistreatment or a violation of the COM and/or University policies.
Rights of the Accuser and Accused
The accuser and accused will have rights to the following:
- Be heard either by submitting a complaint or grievance and/or responding to the complaint or grievance;
- be notified in a timely manner of the anticipated timeline, process, and advocacy and support resources;
- confidentiality to the extent permitted by EP15, state/federal law, and WSU policy (please note there are limits to the confidentiality of such reports and related investigation materials);
- a fair, thorough, timely, and appropriately documented investigation; and
- communication regarding the outcome of the complaint (in keeping with privacy policies).
Appealing the Outcome of an Investigation
The accused wish to appeal any disciplinary action due to the outcome of the investigation, the following appeal options are available:
- An accused student would follow the appeal process detailed in the Student Promotion, Dismissal, and Graduation Policy.
- An accused faculty member may submit an appeal to College of Medicine Dean-appointed Committee.
- An accused Administrative Professional or resident from a WSU-sponsored program may submit an appeal to the next line appointing authority within the employee’s designated area per the Administrative Professional Handbook.
- An accused Civil Service staff member can appeal as outlined in WAC Chapter 357-52.
- For matters implicating EP 15 or the Standards of Conduct for Students, the appeals options outlined in the CCR Procedural Guidelines, the Employee Title IX Hearing Process, the Faculty Manual, or the WSU Standards of Conduct for Students (as applicable).
5.0 Related Policies
- WSU COM Anti-Discrimination Policy
- Washington Medical Commission (WMC) Policy on Practitioners Exhibiting Disruptive Behavior
- WSU Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct, EP15
- WSU Policy on Consensual Romantic or Sexual Relationships Between Faculty, Staff, and/or Students BPPM 60.13
- WSU Workplace Violence Policy BPPM 50.30
- WSU Workplace Bullying and Harassment Policy BPPM 50.31 WSU Standards of Conduct for Students WAC 504-26
- Washington Administrative Code against Retaliation WAC 504-26-230
- WSU Civil Service Appeal process WAC 357-52
- Student Promotion, Dismissal and Graduation Policy
6.0 Key Search Words
Student mistreatment, retaliation, reporting mistreatment, rights of accuser and accused
7.0 Revision History
Original Approval: 5/16/2016
Policy Number: EQ.03.01.160516
Review/Revision: 8/8/2017, 11/15/2018, 4/15/2020, 8/10/2020, 8/20/2024
