Discrimination, Harassment, Retaliation, and Sexual Misconduct Policy and Grievance Procedures

Relevant Excerpt

Harassment. Harassment is a form of discrimination that encompasses unwelcome conduct based on a person’s actual or perceived Protected Status that creates a hostile environment. Harassment is unwelcome conduct directed toward, or differential treatment of, an individual based on their real or perceived Protected Status that is subjectively and objectively offensive and is sufficiently severe or pervasive to have the effect of limiting or denying an individual’s ability to participate in or benefit from the university programs or activities or working conditions. Harassment in violation of this Policy depends on the totality of the circumstances, including the nature, frequency, and duration of the conduct in question, the location and context in which it occurs, and the identity, number, and relationships of the individuals involved. ...

Examples of conduct that can constitute harassment when it also interferes with participation in or access to a university program of benefit include, but are not limited to:

i. Epithets, slurs, jokes or negative stereotypes;

ii. Written, printed or graphic material, including social media posts, that contains violent, offensive, denigrating, or demeaning comments, images, and/or language towards individuals from a specific national origin or individuals who speak a particular language (or English with a certain accent); 

iii. Displaying offensive, denigrating or demeaning posters, emails, text messages, social media posts or cell phone pictures; for example, displaying a demeaning poster about individuals with disabilities; 

iv. Denigrating individuals from certain religious groups or shared ancestries; for example, engaging in antisemitic conduct toward Jewish individuals by removing a mezuzah from their door or vandalizing their property with offensive symbols such as a swastika, or Islamophobic conduct towards Muslim individuals by mocking a woman’s hijab or burka or stereotyping all Muslim individuals as violent; 

v. Conduct, whether verbal, physical, written or electronic, that threatens, intimidates, offends, belittles, denigrates, or shows an aversion toward employees from a specific political affiliation; and 

vi. Verbal, nonverbal, written, electronic, or physical conduct that is demeaning or denigrating and directed at a person or group of people due to sex-based stereotypes, sex characteristics, pregnancy or related conditions, familial status, family responsibilities, sexual orientation, and gender identity or stereotypes. 

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Sexual Misconduct

Sexual misconduct may be addressed by this Policy or the Title IX Sexual Harassment Policy depending on whether the conduct occurred within the United States, whether it occurred within the context of a university program or activity, or whether it is subject to a particular regulatory requirement. 

a) The following Sexual Misconduct (including Dating Violence, Domestic Violence and Stalking, which may or may not involve a sex act) meets the definition of Prohibited Conduct for the purposes of this Policy if the conduct occurred outside of the context of a University Program or Activity; if the conduct occurred outside of the United States; and/or at the time the Complaint is made about the conduct, the Complainant is no longer participating in or attempting to participate in a University Program or Activity: ...

ii. Hostile Environment. Unwelcome sexual conduct that rises to the level of a hostile environment, as described above under “Harassment.”