Policies and Procedures: 13.02 Discrimination, Harassment, and Sexual Misconduct Policy

Relevant Excerpt

Discriminatory harassment constitutes a form of discrimination that is prohibited by University policy. Discriminatory harassment is defined as unwelcome conduct by any member or group of the community on the basis of actual or perceived membership in a class protected by policy or law. The University does not tolerate discriminatory harassment of any employee, student, visitor, or guest. The University will act to remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a “hostile
environment.”

A hostile environment is one that unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities. This discriminatory effect results from harassing verbal, written, graphic, or physical conduct that is severe or pervasive and objectively offensive.

When discriminatory harassment rises to the level of creating a hostile environment, the University may also resolve the matter through the appropriate process and impose sanctions as necessary.

The University 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 and not based on a protected status. Addressing such conduct will not result in the imposition of discipline under University policy, but may be addressed through
respectful conversation, remedial actions, education, and/or other informal resolution mechanisms. For assistance with informal resolution techniques and approaches, employees should contact the Director of Human Resources, and students should contact the Dean of Students.

...

This policy prohibits any form of sexual harassment, including forms of sexual harassment that would not meet the definition of Title IX Sexual Harassment in Section 3. Sexual harassment is unwelcome sexual- or gender-based verbal, written, online, and/or physical conduct.

Sexual harassment creates a hostile environment and may be disciplined when it is sufficiently severe, pervasive, persistent, or objectively offensive that it: ... has the effect of unreasonably interfering with, denying, or limiting
employment opportunities or the ability to participate in or benefit
from the University’s educational, social, and/or residential program, ...