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

Notice of Non-Discrimination

The seminary does not discriminate in admissions, employment, and educational programs on the basis of race, color, national origin, age, sex, marital status, disability, height, weight, genetic information, and other prohibited characteristics in accordance with applicable federal, state, and local laws and ordinances.

As a religious institution, the 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.

For the entire policy document, click here.

Western Theological Seminary is committed to the admission and education of students without discrimination on the basis of sex. Throughout Scripture, we see God calling and appointing women to teach, preach, and lead God’s people. We uphold the biblical witness as we prepare women and men to lead the church in mission. This is also expressed in our covenant with the Reformed Church in America, a denomination that upholds the full participation of women in the life and ministry of the church. As a faculty, we also want to declare clearly our unwavering and unanimous commitment to the education and ordination of women for all forms of ministry to which they have been called by God—whether inside or outside the church—including the Ministry of Word and Sacrament. In welcoming women students to all of its programs and encouraging women in their vocations, we as an institution have a steadfast commitment to the women we welcome, which includes our commitment to establish an environment in which their education and calling will be properly nurtured and affirmed. We expect all who join our faculty to abide by this commitment.

At the same time, we recognize that the role of women and the status of the leadership and ordination of women is a point of disagreement in many denominations, churches, Christian organizations, and among some of our students. We are dedicated to being a community that upholds academic freedom and the free discussion of ideas inside and outside the classroom when done in the spirit of faith seeking understanding. We do not believe that differences of opinion on this matter should keep Christians from maintaining fellowship with one another or celebrating the Lord’s Supper together. Therefore, we welcome men and women students who hold different views on the matter of the role and ministries of women and seek to support all of our students in their God-given callings. We also want to nurture ties with churches and institutions that hold different views. We do expect, however, that all students, regardless of their personal convictions, will acknowledge the full rights and status of all their fellow students in their degree program, regardless of sex.

Maintaining these commitments well requires practical wisdom. May the triune God pour bountiful wisdom and grace on our entire community as we all—students, staff, board of trustees, and faculty—seek to follow the one who prayed “that they be completely one, so that the world may know that you have sent me and have loved them even as you have loved me” (John 17:23).

October 2017

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):

• Resilience: Advocates for Ending Violence
  24-Hour Help Line 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 the President of Western Theological Seminary.

View the flowchart here.

Rights of the person who is reporting.

Rights of the person who is responding.

May 2017 Update

The Board of Trustees response to the Title IX Investigation

Update from President Timothy Brown, June 8, 2017.

Letter from Dr. Johnson – August 23, 2017

A video message from Dr. Johnson

The Sexual Harassment Prevention Task Force was formed in 2017 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.  The Task Force completed its work in 2018.

Rayetta Perez, Title IX Coordinator, is responsible for ongoing assessment of the seminary’s Title IX compliance program.