Policy on Discrimination, Harassment and Bias Incidents

Relevant Excerpt

Harassment is unwelcome, offensive conduct that occurs on the basis of a Protected Characteristic. It is a form of discrimination and violates this Policy. Conduct that violates this Policy is not necessarily a violation of the law.

While it is not possible to identify every form of conduct that can constitute harassment, harassing conduct can occur in various forms, including:

• Verbal Harassment, including unwelcome sexually suggestive, demeaning or graphic comments; using ethnic, racial, religious or other slurs to refer to a person; jokes or comments that demean a person, in each case on the basis of a Protected Characteristic;

• Physical Harassment, including unwanted sexual contact; sexual intimidation through physical threats; physical threats toward or intimidation of another person, in each case on the basis of a Protected Characteristic;

• Visual Harassment, including exposing another person to unwanted pornographic images; creating or displaying racially, ethnically or religiously offensive pictures, symbols, cartoons or graffiti, in each case on the basis of a Protected Characteristic; and

• Communication-Based Harassment, including phone calls, emails, text messages, chats or blogs that offend, demean or intimidate another person, in each case on the basis of a Protected Characteristic.

A hostile environment is created when the offensive behavior is based on a Protected Characteristic and, from the viewpoint of a reasonable person under all relevant circumstances, is so severe, pervasive and objectively offensive that it interferes with a person’s ability to participate in a University program or activity. 

A determination as to whether harassment occurred depends on the totality of the circumstances, including the context of a communication or incident, the relationship of the individuals involved in the communication or incident, whether an incident was an isolated incident or part of a broader pattern or course of offensive conduct, the seriousness or severity of the incident, the intent of the individual who engaged in the allegedly offensive conduct, and its effect or impact on the individual and the learning community. Harassment may include, but is not limited to, the following acts that denigrate or show hostility or aversion based on a Protected Characteristic: verbal abuse; epithets or slurs; negative stereotyping (including, but not limited to, stereotypes about how an individual looks, including skin color, physical features, or style of dress that reflects ethnic traditions; a foreign accent; a foreign name, including names commonly associated with a particular shared ancestry or ethnic characteristics; or speaking a foreign language); threatening, intimidating, or hostile acts; denigrating jokes; insulting or obscene comments or gestures; calls for violence; and the display or circulation of written or graphic material in any form, including but not limited to social media.

The fact that a person was personally offended by a statement or incident does not alone constitute a violation of this Policy. Importantly, if the conduct or incident in question did not occur because of one or more Protected Characteristics, such conduct is not regulated by this Policy.