2.1 | Non-Discrimination, Harassment And Sexual Misconduct Policy

As a university committed to promoting the rights and safety of all campus community members, Sampoerna University (SU) requires that individuals treat one another with dignity, respect, and fairness. Non-community members (e.g., alumni, students’ family or friends, vendors, etc.) who visit campus or participate in any University program or activity are expected to adhere to the policy’s behavioural expectations. Individuals who violate this policy will face appropriate disciplinary action, including dismissal of employees and suspension or expulsion of students

2.1.1 | Purpose

1. This Non-Discrimination, Harassment and Sexual Misconduct Policy (“Policy”) defines and describes prohibited discrimination, harassment and sexual conduct and establishes a mechanism for processing complaints of discrimination, harassment, or sexual misconduct against University faculty, staff, students, and visitors. Nothing in this Policy will be construed to limit the rights of University students or employees to seek remedies available to them outside of the University’s internal processes.
2. All members of the University community are expected to adhere to this Policy, to cooperate with the procedures for responding to complaints of unlawful discrimination harassment, or sexual misconduct and to report conduct or behavior that they believe to be in violation of this Policy to the Office of the President. The Office of the President will coordinate the investigation and response as necessary with the appropriate individuals. The University takes allegations of unlawful discrimination, harassment, or sexual misconduct seriously and will work to ensure that all persons are given appropriate support and fair treatment.
3. This Policy provides the University’s exclusive mechanism for handling the investigation of any alleged unlawful discrimination, harassment, or sexual conduct.

2.1.2 | Scope

Sampoerna University is committed to fostering a welcoming, affirming culture of respect and inclusion, empowering and engaging all students, faculty, staff and visitors. Hence, this Policy will be applied to all members of the University Community. The University demonstrates this commitment by integrating diversity and inclusive excellence into its organizational processes, structures, and practices. SU affirms its commitment to recruit, support, and retain a diverse student, faculty, and staff community that upholds the Indonesian principles of the philosophy of Pancasila, “Bhinneka Tunggal Ika” reflecting the unity in diversity to confirm Indonesia as a diverse country but one and the spirit of non-discrimination as defined by the United State’s Equal Opportunity Commission. This philosophy is implemented in the educational system in which all students regardless of their background have to be placed in the same system of education so they can mingle with each other and promote tolerance towards each other.

2.1.3 | Definitions

These definitions apply to these terms as they are used in this policy.

1. Complainant: A party or entity (in the case of the University) who formalizes a complaint of discrimination or harassment under this Policy.
2. Discrimination: The unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age, or sex.
3. Harassment: Subjecting an individual based on his or her membership to a certain category of people (i.e., race, age, or sex) to unlawful severe, pervasive, or persistent treatment that constitutes:
   • Humiliating, abusive, or threatening conduct or behavior that denigrates or shows hostility or aversion toward an individual or group;
   • An intimidating, hostile or abusive learning, living, or working environment, or an environment that alters the conditions of learning, living, or working; or
   • An unreasonable interference with an individual’s academic or work performance.

   Examples include, but are not limited to slurs, negative stereotyping, threatening, intimidating or hostile acts, denigrating jokes and display or circulation of written or graphic material in the learning, living, or working environment.

4. Informal Resolution: Advice and Guidance Before Filing a Informal Resolution Complaint.
5. Members of the University Community: Members of the University Community include:
6. University faculty, staff, administrators, employees, and contractors;
7. University students;
8. Volunteers and participants in any University program or activity; and
9. Guests and visitors to campus, to any property owned or leased by the University, or to any property owned or leased by any University-affiliated organization or group.
10. Protected Class: in the context of this Policy means a class of persons who are protected by Indonesian law against discrimination and harassment based on ideology, religion, political inclination, ethnic status, race, gender, physical condition, or marital status.
11. Respondent: A party or person who is designated to respond to a complaint. Generally, the Respondent would be the person alleged to be responsible for the prohibited discrimination or harassment alleged in the complaint.
12. Sexual Harassment: is a form of discriminatory harassment. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment.
13. Sexual Misconduct: Any form of sexual assault, sexual harassment, sexual exploitation, dating or domestic violence, or stalking. Sexual misconduct can occur regardless of the relationship, position, or respective genders of the parties.
14. Student: A person who; (a) is currently enrolled at the University; (b) is accepted for admission or readmission to the University; (c) has been enrolled at the University in a prior term and eligible to continue enrollment in the subsequent term; or (d) is attending an educational program sponsored by the University.
15. Support Persons: Complainants and Respondents may each choose to have a support person accompany during any stage of the grievance/complaint process.
16. University-Affiliated Activity: Any activity on or off campus that is initiated, aided, authorized, or supervised by the University or by an officially recognized organization of the University.
17. University Premises: Buildings or grounds owned, leased, operated, controlled, or supervised by the University.

2.1.4 | Policy Statement

2.1.4.1 | Jurisdiction

The University has jurisdiction over, and will respond to, allegations of harassment, discrimination or sexual misconduct occurring on the University’s premises, at University-Affiliated Activities, and/or where both the accused person and alleged victim are either a student, faculty member, or staff member of the University. The University does not have jurisdiction over allegations between visitors or non-affiliated persons under this Policy.

1. The procedures outlined in this Policy are separate from any legal proceedings related to the reported behaviour and may occur while legal proceedings are ongoing.
2. Proceedings under this Policy will not be dismissed or delayed because legal prosecution is pending, legal charges have been dismissed, or the legal charges have been reduced.
3. Proceedings may also continue if a party is no longer employed with or a student of the University.
4. Academic Freedom and Freedom of Expression.
5. The University is committed to protecting, maintaining and encouraging both freedom of expression and academic freedom of inquiry, teaching, service and research. Academic freedom and freedom of expression will be strongly considered in investigating complaints and reports of discrimination or harassment, but academic freedom and freedom of expression will not excuse behavior that constitutes a violation of the law or this Policy.

2.1.4.2 | Reporting

1. Any person wishing to report discrimination, harassment, or sexual misconduct, is encouraged to bring concerns forward in a timely fashion, as soon as possible and preferably within a month of the occurrence. Prolonged delays in reporting may complicate the ability to investigate the claims. Reports of discrimination, harassment, or sexual misconduct may be brought directly to the Office of the President.
2. Reports may also be made to an appropriate administrative officer (for students, the Dean of Students; for staff, the Head of Human Resources; for faculty, the Vice Rector for Academic Affairs. No member of the University community should assume that a University administrator knows about a situation involving discrimination, harassment, or sexual misconduct.

2.1.4.3  | Religious Accommodation

The University prohibits discrimination against any student, faculty, or staff member based on their religion. Reasonable accommodations are made for persons with sincerely-held religious beliefs. Students should make requests for religious accommodation directly to their instructor. Employees should make requests for religious accommodation directly to their supervisor.

2.1.4.4  | Confidentiality

The confidentiality of a Complaint under this Policy and all documents relating to the investigation of the information contained in a Report or Complaint will be maintained on a business need-to-know basis to the extent permitted by law.

2.1.4.5  | Retaliation

1. Any person wishing to report discrimination, harassment, or sexual misconduct, is encouraged to bring concerns forward in a timely fashion, as soon as possible and preferably within a month of the occurrence. Prolonged delays in reporting may complicate the ability to investigate the claims. Reports of discrimination, harassment, or sexual misconduct may be brought directly to the Office of the President.
2. Retaliation includes, but is not limited to, any adverse employment or educational action taken for making a report of unlawful discrimination, harassment or sexual misconduct.
3. Any actual or threatened retaliation or any act of intimidation to prevent or otherwise obstruct the reporting of a violation of this Policy or the participation in proceedings relating to this Policy, may be considered a separate violation of this Policy and may result in disciplinary sanctions.
4. Any person who believes that they have been subjected to retaliation should immediately report this concern to an appropriate officer of the University (for students, Dean of Students; for staff, Human Resources; for faculty, Dean or Vice Rector for Academic Affairs).

2.1.4.6  | Complaint Procedure

1. If an individual believes that they have been discriminated against or have experienced discrimination or harassment (including sexual harassment), they should follow the procedures outlined below.
2. The support person’s role is to help the Complainant or Respondent prepare their statements, advise on the procedural aspects of the matter, and to be a nonparticipating supporter at any hearing. The support person may be anyone if they are a faculty member or staff member. The support person may assist with the student/employee’s interview, review of documents, and appeal process in a manner consistent with this Policy. The support person may not contact the opposing Respondent or Claimant or contact potential witnesses without express authority from the Senior Official. In cases of sexual harassment or misconduct, the Complainant and Respondent are not limited to a support person from the faculty or staff, but may choose one person they feel would be helpful. The University reserves the right to dismiss a support person who is disruptive to University proceedings or does not abide by the provisions of this Policy.
3. Commencing the Grievance Complaint Process. If an individual believes they have been discriminated against or have experienced discrimination or sexual harassment/misconduct, they should contact the appropriate Senior Official as described below:
   • For complaints against a faculty member, the Complainant should contact the Dean of the Faculty to which the faculty member subject to the complaint is assigned;
   • For complaints against staff members, the Complainant should contact the Office of Human Resources;
   • For complaints against a student, the Complainant should contact the Dean of Students;
   • Should a member of the University community consider filing a complaint against the Senior Official with whom they would otherwise consult, they should go to another Senior Official listed above.
4. During the assessment of the grievance/complaint, the University will consider the interest of the Complainant and their expressed preference for manner of resolution. Where possible, and as warranted by an assessment of the facts and circumstances, the University will seek action consistent with the Complainant’s request. Where a Complainant requests that their name or other identifiable information not be shared with the Respondent or that no formal action be taken, the University will balance this request with its obligation to provide a safe and non-discriminatory environment for all University community members. The University will also afford a Respondent due process by providing notice and an opportunity to respond before action is taken against a Respondent. Where the University is unable to act consistent with the request of the Complainant, the Senior Official will communicate with the Complainant about the chosen course of action that is relevant to the Complainant, within the limits of privacy laws and obligations.
5. Informal Resolution is a viable option when the parties desire to resolve the situation cooperatively or when a formal investigation is not desired. Informal resolution is only appropriate if the conduct is isolated and does not include violence or other forms of harm. An informal resolution will vary from case to case but could include the following: (a) direct approach, (b) third party mediation, or (c) indirect action taken by the Senior Official.
   • Direct Approach by Complainant: After a discussion with the Senior Official or other official designated by the University, a Complainant who fees comfortable confronting the Respondent may choose to act personally (but is never required to). This direct approach may be appropriate when the goal is to stop the behavior rather than sanction the person accused of discrimination or harassment. The direct approach might include the Complainant writing a letter to the Respondent asking them to change their behavior. Another option might be telling the Respondent in person exactly what behavior is offensive and asking the Respondent to stop the behavior.
   • Third Party Mediation: This option involves having the Senior Official or another third party designated by the University mediate between the Complainant and the Respondent, or asking the Senior Official to bring the Complainant and Respondent together informally to resolve the problem. This type of intervention may result in solutions such as mediating an agreement between the parties, separating the parties, referring either or both parties to counselings programs, negotiating an agreement for corrective action, conducting targeted training or educational programs, or providing remedies for the individual harmed by the discrimination or harassment. If third party intervention is used, the Senior Official should conduct a follow-up review after a reasonable period of time to assure that the resolution has been implemented effectively. Mediation is not an option if the problem involves sexual assault.
   • Indirect Action Taken by the Senior Official: The Complainant may choose an indirect approach. This approach is intended to alter the Respondent’s inappropriate behaviour in such a way that the behaviour stops without the Complainant having to take any action other than talking to the Senior Official. This option has the advantage of maintaining anonymity of the Complainant and Respondent. This option has the disadvantage that the desired message may not be “heard” by the Respondent. One example of indirect action is to have the Senior Official address a group of faculty or staff at a meeting covering policies against discrimination and harassment and/or reminding students, faculty, and staff of their responsibility to foster an environment free of discrimination and harassment.
6. Formal Investigation and Resolution:
   Decision to File a Grievance or Complaint If, after consulting with the Senior Official, the Complainant decides to proceed with filing a complaint, they will provide the appropriate Senior Official with a written description of the alleged discrimination or harassment, specifically referring to the section of the Policy they believe has been violated. Presenting the complaint as promptly as possible after the alleged discrimination or harassment occurs is encouraged. While the Complainant may be consulted regarding preferred responses, there is no burden on the Complainant to affirmatively seek one form of resolution over another; to the contrary, it is always the University’s burden to determine the appropriate course of action in light of the known facts and circumstances.
7. Investigation
   • Complaint Accepted for Investigation
     If the Complainant wishes to proceed with formal resolution, the Senior Official will review the complaint and determine if, under the facts alleged, the conduct in question meets the definition of discrimination or harassment. There is no burden on the Complainant to affirmatively seek one form of resolution over another; to the contrary, it is always the University’s burden to determine the appropriate course of action in light of the known facts and circumstances.If the Senior Official accepts the complaint for investigation, they will provide written notice of receipt of a complaint, as appropriate, to the appropriate Vice Rector (VRAA, VRARO, or VRSS).
     – The notice will clarify the nature of the complaint and identify both the Complainant and Respondent. The Senior Official will meet with the Respondent and provide them a summary of the complaint/grievance and a copy of this Policy. As mentioned above, the Respondent may bring a support person of their choice to the meetings with the Senior Official.The Senior Official will decide how to proceed and what level of investigation is required for resolution. The Senior Official (or a designated investigator) may set up an appointment for an interview with the Respondent at a later date to further discuss details, evidence, and witnesses regarding the allegation. The Respondent will be advised that any retaliatory action taken against the Complainant during or after the investigation, or any person who participates in the investigation, will subject the Respondent to disciplinary action. Likewise, Complainant will be advised that any retaliatory action taken against the Respondent during or after the investigation, or anyone who participates in the investigation, will subject the Complainant to disciplinary action.
     – The Senior Official may interview individuals they identify or who are identified by either the Complainant or Respondent as having information pertinent to the complaint. If the Senior Official determines that the complaint is of such sensitivity or complexity that assistance may be needed, the Senior Official may utilise University Legal Counsel. The purpose of the investigation is to establish whether there is a basis for believing that the alleged violation of this Policy has occurred. The Senior Official or designated investigator will prepare a written report based on the complaint, the response (or failure to respond), interviews with the Claimant and Respondent, and other interviews conducted, or materials gathered.
     – If the Respondent is a student, this report will form the basis for the proceedings of the Student Adjudication Committee. The Student Adjudication Committee will determine whether the Respondent is found responsible or not responsible for the charges and make recommendations for outcomes. If the Respondent is a faculty member or staff member, this report will form the basis for the Senior Official to make decisions and recommendations. The report will include either a finding of discrimination or harassment and recommendation regarding disciplinary action, or a finding of no discrimination or harassment. Any actions taken against a faculty or staff member must be consistent with University policies related to their respective rights and responsibilities (see Faculty Code and Student Code).
   • Complaint/Grievance Not Accepted for Investigation
     If upon receipt of the complaint/grievance the Senior Official determines that the allegation outlined in the complaint does not meet the definition of discrimination or harassment, they will provide a written notice to the Complainant that they do not intend to investigate the complaint. The written notice will clarify the reason the complaint has been rejected for investigation. The Complainant, within five (5) business days of the date of notice, may ask to meet with the Senior Official to discuss the decision of the Senior Official. The Complainant may appeal this decision based on new or additional information regarding his or her complaint. The appeal process is described below.
8. Findings and Appeal Process
   • Appealing the Investigation Decision or Findings
     When the Senior Official does not accept a case for investigation, writes a finding of discrimination or harassment, or makes a finding of no discrimination or harassment, they will provide written notice of the decision/finding to the Complainant and Respondent. The Complainant and Respondent, within five (5) business days of the date of notice, may submit a written request to the Appeal Contact (listed below) to appeal the decision based on new evidence not available at the time of the decision or a perceived oversight or error that had a material impact on the fairness of the decision.
   • Who to Contact for an Appeal of Finding
     Appeals are made to an individual other than the Senior Official. Appeals are made to the supervisor of the Senior Official or as designated by the President as follows:
     a) Student Hearing/Adjudication Findings: Appeal to Vice Rector for Student Success
     b) Faculty Findings: Appeal to the President
     c) Staff Findings: Appeal to Vice Rector for Administration, Resources and Operations
     If the individual designated for an appeal under this process has been involved in the conduct at issue in the complaint/grievance, or if the individual was consulted about the conduct at issue in the complaint/grievance, then the President will direct the appeal to another Senior Official.
   • Appeal Acceptance and Adjudication
     The designated appeal officer will determine whether there are sufficient grounds to accept the appeal for review. The appeal officer will give written notice within three (3) business days whether the appeal is accepted. If accepted, the appeal office will make a finding within ten (10) business days from the date of acceptance notice of appeal. The Appeal Officer may extend this timeframe under extraordinary circumstances and will inform both parties of the extension and the reason for it.
9. Other Remedies
   Use of Sampoerna University’s internal complaint procedures is not a prerequisite to the pursuit of other remedies. At any time, an individual may pursue other remedies available to them under applicable laws.