Prohibited Discrimination

The University’s nondiscrimination policy applies broadly to students, employees, and visitors. Discriminatory Harassment is a type of discrimination which is divided into Harassment and Sex-Based Harassment.
Harassment means unwelcome conduct based on an individual’s protected class that, based on the totality of the circumstances, is subjectively and objectively offensive, and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s Programs or Activities (i.e., creates a hostile environment).

Sex-Based Harassment means sexual harassment and other harassment on the basis of sex, sexual orientation, gender, gender identity, gender expression, pregnancy, or pregnancy-related conditions, that is:

1. Quid pro quo Harassment. An employee, faculty member, agent, or other person authorized by the University to provide an aid, benefit, or service under the University’s Programs or Activities explicitly or implicitly conditioning the provision of such aid, benefit, or service upon a person’s participation in unwelcome sexual conduct;
2. Hostile Environment Harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s Programs or Activities (i.e., creates a hostile environment).

The free and open discussion of issues or theories relating to protected classes in an academic or professional setting, when appropriate to subject matter, will be presumed not to constitute Harassment even if it offends or embarrasses an individual unless other factors are involved, such as targeting the discussion to an individual or carrying out the discussion in terms that are both patently unnecessary and gratuitously offensive.

For harassment not related to discrimination, contact Human Resources or the Office of the Dean of Students.

Hostile environment is a commonly used term but, from a legal and policy perspective, a hostile environment is a form of discriminatory harassment. Many people have heard the term “hostile environment” in the context of sexual harassment but a “hostile environment” can also include harassment because of race, color, national origin, age, disability, sexual orientation, gender identity, gender expression and protected veteran’s status.
Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

1. The degree to which the conduct affected the Complainant’s ability to access the University’s Programs or Activities;
2. The type, frequency, and duration of the conduct;
3. The Parties’ ages, roles within the University’s Program or Activity, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct;
4. The location of the conduct and the context in which the conduct occurred; and
5. Other sex-based harassment in the University’s Program or Activity.

The first step is to tell the individual that their comments are unwelcome and unwanted. Sometimes this may be difficult but once you have made it clear that their comments are not welcome, the individual has clearly been notified that you find their behavior unwelcome and offensive. Once the individual clearly understands the behavior isn’t welcome yet continues to engage in similar behavior, disciplinary action may be appropriate.

There are many options on the University campus that can assist you in addressing the unwanted and unwelcome behavior. The Office of the Dean of Students, Human Resources, and the Office of Equal Opportunity are all avenues that can assist you in addressing the unwelcome behavior.

The Office of Equal Opportunity is neutral and impartial whose purpose in an investigation is to determine the facts. Both parties are provided an opportunity to provide their side of the story. Obtaining both the perspective of the person dealing with the hostility as well as the person alleged to have engaged in the behavior is important in terms of treating both parties fairly. Although both parties are given an opportunity to provide their side of the story, it is important to remember that it doesn’t matter whether the behavior was intended to hurt the other individual. An investigation by the Office of Equal Opportunity would look at whether a reasonable person would take offense to the unwanted or unwelcome behavior.