Resources Related to Non-Discrimination, Non-Harassment, and Title IX

Notice of Non-Discrimination

Western Theological Seminary does not discriminate on the basis of race, color, national origin, age, sex, marital status, disability, and other prohibited bases in admissions, employment, and educational programs.

As a Christian institution, Western Theological Seminary reserves the right to make employment and hiring decisions on the basis of religious criteria, based on the Free Exercise Clause of the First Amendment to the Constitution of the United States and various relevant statutes.

For inquiries regarding the non-discrimination policies and complaints of discrimination, contact:

Rayetta Perez, Director of Administration and Human Resources
Title IX Coordinator
Western Theological Seminary
101 East 13th Street, Holland MI, 49423
Office 015, garden level
616.392.8555 x103
rayetta@westernsem.edu

Dr. John Brogan, Associate Academic Dean
Deputy Title IX Coordinator
Western Theological Seminary
101 East 13th Street, Holland MI, 49423
Office 232, second floor, Burgraaff Atrium
616.392.8555 x192
john@westernsem.edu

Inquiries may be made externally to:

U.S. Department of Education
Office for Civil Rights

Students, staff, administrators, and faculty are entitled to a working environment and educational environment free of discriminatory harassment. The WTS non-harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive subject matters protected by academic freedom. The sections below describe the specific forms of legally prohibited harassment that are also prohibited under Western Theological Seminary policy.

1. Discriminatory and Bias-Related Harassment
   Harassment constitutes a form of discrimination that is prohibited by Western Theological Seminary policy as well as the law. WTS condemns and will not tolerate discriminatory harassment against any employee, student, visitor or guest on the basis of any status protected by policy or law. Western Theological Seminary will remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a hostile environment. When harassment rises to the level of creating a hostile environment, WTS may also impose sanctions on the harasser through application of the Harassment and Discrimination Resolution Process. The WTS harassment policy explicitly prohibits any form of harassment, defined as unwelcome conduct on the basis of actual or perceived membership in a protected class, by any member or group of the community.

A hostile environment may be created by harassing verbal, written, graphic, or physical conduct that is severe or persistent, and objectively offensive such that it interferes with, limits or denies the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits or opportunities.

Western Theological Seminary reserves the right to address offensive conduct and/or harassment that 1) does not rise to the level of creating a hostile environment, or 2) that is of a generic nature not on the basis of a protected status. Addressing such behaviors may not result in the imposition of discipline under Western Theological Seminary policy, but will be addressed through respectful confrontation, remedial actions, education and/or effective conflict resolution mechanisms.

1. Sexual Harassment
   The Department of Education’s Office for Civil Rights (OCR) and the State of Michigan regard sexual harassment as a form of sex/gender discrimination and, therefore, as an unlawful discriminatory practice. Western Theological Seminary has adopted the following definition of sexual harassment, in order to address the special environment of an academic community, which consists not only of employer and employees, but of students as well.

Sexual harassment is:

• unwelcome,
• sexual, sex-based and/or gender-based,
• verbal, written, online and/or physical conduct.

Anyone experiencing sexual harassment in any Western Theological Seminary program is encouraged to report it immediately to the Title IX Coordinator. Remedies, education and/or training will be provided in response.

Sexual harassment may be disciplined when it takes the form of quid pro quo harassment, retaliatory harassment and/or creates a hostile environment.

A hostile environment is created when sexual harassment is:

• Severe, or
• sufficiently severe or pervasive, and
• objectively offensive, such that it interferes with, denies or limits someone’s ability to participate in or benefit from the WTS educational, employment, social and/or residential programs.

Quid Pro Quo Sexual Harassment:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another constitutes sexual harassment when submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual’s educational development or performance, or employment status.

Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any federally funded education program or activity. The principal objective of Title IX is to avoid the use of federal money to support sex discrimination in education programs and to provide individual citizens effective protection against those practices.

Title IX applies to any education program operated by a recipient of federal financial assistance. Like most educational institutions, Western Theological Seminary participates in federal student loan programs and is subject to the terms of Title IX.

Title IX Coordinator
The Director of Administration and Human Resources, Rayetta Perez, serves as the Title IX Coordinator and oversees the WTS Policy on Non-Harassment and Non-Discrimination (HDRP). The Title IX Coordinator acts with independence and authority, free of conflicts of interest. The following information is excerpted from the complete HDRP, which can be found here. (link to come)

Preliminary Inquiry
Following receipt of notice or a report of misconduct, the Title IX Coordinator engages in a preliminary inquiry to determine if there is reasonable cause to believe the Policy on Non-Harassment and Non-Discrimination has been violated. The preliminary inquiry is typically
1-3 days in duration.

Formal Investigation
Once the decision is made to commence a formal investigation, the Title IX Coordinator begins the investigation usually within two (2) days of determining that an investigation should proceed. Investigations are completed expeditiously, normally within ten (10) days. Western Theological Seminary aims to complete all investigations within a sixty (60) calendar day time period, which can be extended as necessary for appropriate cause by the Title IX Coordinator with notice to the parties as appropriate.

Interim Remedies/Actions
The Title IX Coordinator may provide interim remedies intended to address the short-term effects of harassment, discrimination and/or retaliation, i.e., to redress harm to the reporting party and the community and to prevent further violations.

These remedies may include, but are not limited to:

• Referral to counseling and health services
• Education to the community
• Altering the housing situation of an the responding party
• Altering work arrangements for employees
• Providing campus escorts
• Providing transportation accommodations
• Implementing contact limitations between the parties
• Offering adjustments to academic deadlines, course schedules, etc.

Western Theological Seminary may interim suspend a student, employee or organization pending the completion of HDRP investigation and procedures, particularly when in the judgment of the Title IX Coordinator the safety or well-being of any member(s) of the campus community may be jeopardized by the presence on-campus of the responding party or the ongoing activity of a student organization whose behavior is in question.

Closing of Process
If, during the preliminary inquiry or at any point during the formal investigation, the Title IX Coordinator determines that there is no reasonable cause to believe that policy has been violated, the process will end unless the reporting party requests that the Title IX Coordinator makes an extraordinary determination to re-open the investigation. This decision lies in the sole discretion of the Title IX Coordinator.

Resolution
The allegation will be resolved through one of these two resolution processes:

Mediated Resolution – typically used for less serious offenses and only when both parties agree to conflict resolution
Formal Resolution – resolution by a Review Panel, comprised of two members of the Resolution Team with the Title IX Coordinator.

Long-Term Remedies/Actions
Following the conclusion of the Resolution Process and in addition to any sanctions implemented, the Title IX Coordinator may utilize long-term remedies or actions to stop the harassment or discrimination, remedy its effects and prevent their reoccurrence. These remedies/actions may include, but are not limited to:

• Referral to counseling and health services
• Education to the community
• Permanently altering the housing situation of an the responding party (resident student or resident employee (or the reporting party, if desired))
• Permanently altering work arrangements for employees
• Providing campus escorts
• Climate surveys
• Policy modification
• Providing transportation accommodations
• Implementing long-term contact limitations between the parties
• Offering adjustments to academic deadlines, course schedules, etc.

At the discretion of the Title IX Coordinator, long-term remedies may also be provided even when the responding party is found not responsible.

Records
In implementing this policy, records of all allegations, investigations, resolutions, and hearings will be kept by the Title IX Coordinator indefinitely in the Title IX Coordinator database.

Reporting Discrimination, Harassment, and/or Retaliation
Reports of discrimination, harassment and/or retaliation may be made using any of the following options.  There is no time limitation on the filing of allegations. However, if the responding party is no longer subject to the WTS jurisdiction, the  ability to investigate, respond, and provide remedies may be more limited:

1) Report directly to the Title IX Coordinator, Rayetta Perez; rayetta@westernsem.edu, or 616.392.8555 x103

2)  Report to any member of the WTS faculty or staff

When considering whom to contact, it is important to be aware of mandatory reporting requirements.

All WTS employees (faculty, staff, and administrators) with the exception of the “Resolution Advisors” named below, are required to report actual or suspected discrimination or harassment to the Title IX Coordinator immediately.  This reporting will be done in such a way that the privacy of all individuals will be protected to the extent permitted by law.

Resolution Advisors may maintain confidentiality – meaning they are not required to report actual or suspected discrimination or harassment to the Title IX Coordinator – thereby offering options and advice without any obligation to inform the Title IX Coordinator unless a reporting party has requested information to be shared.  Resolution Advisors will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor.

Resolution Advisors are:

On-campus (WTS employees)

• Dr. Pam Bush, Associate Director of Student Care, pam@westernsem.edu;
  616.392.8555 x191
• Dr. Chuck DeGroat, Professor of Pastoral Care and Counseling, chuck@westernsem.edu; 616.392.8555 x194
• Dr. Suzanne McDonald, Professor of Historical and Systematic Theology, suzanne@westernsem.edu; 616.392.8555 x136

Off-campus (non-employees):

• Center for Women in Transition 24-Hour Help Line 616.392.1970
  800.848.5991       Español: 866.728.2131

All reports are acted upon promptly, while every effort is made by WTS to preserve the privacy of reports. Privacy generally means that information related to a report of misconduct will only be shared with a limited number of individuals.  The use of this information is limited to those WTS employees who “need to know” in order to assist in the review, investigation, or resolution of the report.  These individuals will be discreet and respect the privacy of individuals involved in the process.

Reports may also be anonymous. Anonymous reports will be investigated to determine if remedies can be provided.

Reports of misconduct or discrimination committed by the Title IX Coordinator should be reported to WTS President, Dr. Timothy Brown, tim@westernsem.edu, or 616.392.8555 x105.

Rights of the person who is reporting.

Rights of the person who is responding.

For the entire policy document, click here.

The purpose of the Task Force is to provide input to the Title IX Coordinator and senior leadership regarding the effectiveness of the Title IX compliance program and recommend strategies for continuous improvement.

Members include:

Kristen Johnson, Chairperson, Associate Professor of Theology and Christian Formation

John Brogan, Associate Academic Dean, Deputy Title IX Coordinator

Carla Capotosto, Associate Director of Communications

Grace Miguel Cipriano, Associate Director of Formation for Ministry

Kris DePree, Moderator, WTS Board of Trustees

Jill English, Associate Director of Admissions

Megan Hodgin, WTS alumna

Ross Hoekstra, In-Residence M.Div. Student, Student Council President

Rachel Klompmaker, In-Residence M.Div. Student

Laurel Pals, In-Residence M.Div. Student

Rayetta Perez, Director of Administration and Human Resources, Title IX Coordinator

Nicole Saint-Victor, Distance Learning M.Div. Student

Timothy Brown, President, ex officio

Over the past several months, Western Theological Seminary has been the subject of an investigation following allegations of sexual harassment filed by two professors on behalf of nine students.  The independent investigator, an attorney with over 25 years of experience specializing in civil rights and Title IX law, delivered the findings of her investigation in mid-April.

In the complaint, the students reported:

Our experience at Western Theological Seminary contains a paradox. While in many ways WTS has been a supportive and welcoming place as we pursued our calls to ministry, at the same time we have found WTS to be one of the most inhospitable and challenging environments we have ever been in. We have been dismissed and derided, humiliated and harassed. There have been times when WTS has seemed like a sanctuary, but there are too many instances when female students have found themselves feeling afraid and unsafe on campus. The voices of contempt and condescension must be vocally challenged by the many whom we have found at WTS who support us, but too often do so silently which does not affect needed systemic change.

We feel it is important to share what our experience has been at WTS, because no problem can be addressed without first discovering its nature. And we do have a problem, as we think is shown hereafter. We maintain a deep love for this community and only wish to bring these stories to light in an effort to better this place which we hold close to our hearts.

Allegations were made against WTS employees, students, and third parties. (Third parties refers to patrons of the Community Kitchen as well as individuals at teaching churches.) The investigator concluded female students at WTS had been subjected to a “sexually hostile environment.” This is a legal term that refers to a totality of circumstances that is serious enough to deny or limit a student’s ability to participate in or benefit from the educational program.  It examines all the alleged harassment and considers its severity, persistence, or pervasiveness.  A series of incidents, none of which alone is sufficiently severe to constitute a hostile environment, may be sufficient when considered together to amount to a hostile environment.  As described below, this was the situation with respect to the complaint investigated by outside counsel.

According to the investigator’s report, “The most significant harassment for purposes of the analysis of whether a sexually hostile environment existed (and continues to exist) for female WTS students was the conduct of the patrons of the Community Kitchen.  This behavior included repeated and ongoing leering and staring, catcalling, unwanted sexual advances, sexual comments and comments about their physical appearance.” Steps addressing the seminary’s response to this finding are included below.

Allegations against WTS employees included unwanted hugging, touching of shoulders and arms; inappropriate comments about physical appearance, and flirtatious behavior. While no individuals were found to have violated the seminary’s sexual harassment policy as a result of the investigation, individual employees were disciplined by the seminary for inappropriate behavior.

Regarding their experience with male students, the female students reported:

A portion of male students rejects the legitimacy of female students’ call to ordained ministry and church leadership. Female students regularly face resistance, negative comments, and dismissing attitudes from male students in their classes and outside of classes at WTS. They also report demeaning language and hand gestures made toward them.

Female students report a lack of support from faculty and administrators when facing these demeaning comments, gestures, and attitudes. Their concerns are often minimized. Consequently, they feel weary, depleted, and discouraged.

Students also reported incidents in their teaching churches, such as gender based comments and exclusionary behavior.

The investigator made the following recommendations, all of which are being implemented by the seminary:

Establish today a WTS Sexual Harassment Prevention Task Force. The purpose of the Task Force will be to provide input to the Title IX Coordinator and senior leadership regarding the effectiveness of the Title IX compliance program and recommend strategies for continuous improvement. Members of the Task Force will represent the WTS community, including Rayetta Perez, Title IX Coordinator, a member of the Board of Trustees, administrators, faculty members, staff members, and students.

Provide increased security by the entrance near the Community Kitchen to prevent harassment of WTS students, faculty, and staff by patrons of the Community Kitchen.

Update non-discrimination statements in all documents at the beginning of the 2017-2018 academic year.

Train administrators, faculty, staff, students, and trustees on sexual harassment and sexual discrimination as well as policies and procedures at the beginning of the 2017-18 academic year.

Revise grievance procedures with input from the Sexual Harassment Prevention Task Force to clarify where and how students, faculty, and staff should report various types of sex discrimination and understand the grievance process in the first semester of the 2017-18 academic year.

Develop and initiate a climate assessment to evaluate the effectiveness of WTS policies, procedures and practices relating to sex discrimination (including sexual and gender-based harassment). We plan to administer the first assessment in the coming months, and a follow up assessment at the end of the 2017-18 academic year. The results of the assessments will be used to inform future proactive steps to continuously improve our overall Title IX compliance program.

After receiving the investigative report, the seminary issued internal email communications from President Timothy Brown and Board of Trustees moderator Mr. Kris DePree to share information. The emails reaffirmed the seminary’s commitment to meeting legal obligations – but, more importantly, creating and sustaining an environment which honors the call of our Lord Jesus Christ.

Meetings were also held with the complainants, President’s Council, Administrative Cabinet, faculty, staff, and Board of Trustees. The entire seminary was invited to attend Community Conversations offered to in-residence and distance learning students to receive information, ask questions, and imagine steps forward.

In the Community Conversation with Distance Learning students on May 10, Academic Dean Dr. Alvin Padilla responded to the question: “If WTS is committed to affirming women in ministry, why is this still up for debate in the classroom?”  Dr. Padilla made a distinction between “debate” and “discussion,” saying that the full inclusion of women in every level of leadership in the church is a settled question not up for debate at WTS. Every member of the faculty affirms this. However, it should be discussed, because every student, male or female, will encounter church members with contrary views and must be equipped with solid hermeneutical understanding to enter into discussion about this.

Dean of Formation Kyle Small wrote a letter addressing Western’s teaching church mentors at the end of April which included these lines:

Churches are not exempt from sexism and patriarchy. As we undertake our internal work, we invite you, as Christian leaders, to examine your churches and organizations. In the coming months, WTS will be more than willing to share what we are learning about our community and provide anything we can to you and your leadership teams. Together, we can cultivate faithful Christian communities that seek Jesus Christ and participate in his call for redemption, reconciliation, and love.

The WTS faculty wrote a letter to the complainants that was shared with both the In-Residence and Distance Learning student populations.  The letter, which was signed by all members of the faculty, included this statement which reflects the collective sorrow of the seminary community: “We are sorry that your gifts and your calling to ministry and leadership in the church have not always been supported, affirmed, or defended in the classroom, hallways, or your teaching churches . . . We are committed to the Christian practices of confession and repentance, and pledge ourselves to learning from our mistakes and intentionally shaping the culture of WTS toward openness, hospitality, affirmation, and communion.”

For the Board of Trustees response, click here.

If you have ongoing questions, concerns, or would like to report incidents of harassment at WTS, please contact Title IX Coordinator Rayetta Perez by email or 616-392-8555 x 103.

Update from President Timothy Brown, June 8, 2017.

The Board of Trustees response to the Title IX Investigation: click here.

Update from President Timothy Brown, June 8, 2017.

Letter from Dr. Johnson – August 23, 2017