Procedure on the Discrimination, Protected Class Harassment Policy

Discrimination means conduct that is based upon a Responding Party’s protected characteristic(s) and that:

• excludes a Responding Party from participation in employment, education, or living environment, or participation in a University program or activity;
• denies a Responding Party the benefits of employment, education, or living environment, or participation in a University program or activity;
• treats a Responding Party differently from others in employment, education, or living environment, or participation in a University program or activity; or
• otherwise adversely affects a term or condition of a Responding Party’s employment, education, or living environment, or participation in a University program or activity.

Discrimination also includes failing to provide reasonable accommodation, consistent with state and federal law, to individuals with disabilities.

Protected Class Harassment means subjectively unwelcome conduct based upon an individual’s actual or perceived Protected Characteristics where either:

• enduring the unwelcome conduct is made either explicitly or implicitly a condition of a Reporting Party’s continued employment or academic standing; or
• the conduct is so severe, pervasive, and/or objectively offensive that the conduct unreasonably interferes with the Reporting Party’s employment, academic pursuits, or participation in University activities (i.e. the conduct creates an objectively hostile environment). Generally, a single inappropriate joke or offensive epithet does not create a “hostile environment;” however, being subjected to such conduct repeatedly may constitute a “hostile environment.”
• In determining whether the alleged conduct warrants corrective action, all relevant circumstances, including the context in which the conduct occurred, will be considered. The existence of a “hostile environment” will be determined on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual.

Stalking means engaging in a course of conduct directed at a Reporting Party that would cause a reasonable person to fear for their safety or the safety of others; repeated conduct which reasonably and subjectively causes a Reporting Party to fear for their safety or the safety of another; or repeated conduct which causes a Reporting Party to alter their activities in response to the repeated conduct. Such conduct may include but is not limited to any of the following: following or approaching a Reporting Party, someone with whom that Reporting Party has or has had a continuing relationship, or a member of that Reporting Party’s family or household; contacting a Reporting Party, someone with whom that Reporting Party has or has had a continuing relationship, or a member of that Reporting Party’s family or household whether or not conversation ensues; and placing a Reporting Party, someone with whom that Reporting Party has or has had a continuing relationship, or a member of that Reporting Party’s family or household under surveillance.

Dating Violence means an act or threatened act of violence upon a Reporting Party by a Responding Party who has been in a social relationship of a romantic or intimate nature with the Reporting Party. This includes, but is not limited to, threats, sexual or physical abuse, property damage, and violence or threat of violence to one’s self, animals, or to the family members of the romantic or intimate partner when used as a method of coercion, control, punishment, intimidation or revenge. Whether there was a romantic or intimate relationship will be gauged by the length of the relationship, the type of relationship, and frequency of interaction between the persons involved in the relationship. Dating Violence does not include acts covered under the definition of Domestic Violence.

(2)     Domestic Violence

Domestic Violence means an act or threatened act of violence upon a Reporting Party with whom the Responding Party is or has been involved in an intimate relationship. This includes, but is not limited to, threats, sexual or physical abuse, property damage, and violence or threat of violence to one’s self, animals, or to the family members of the romantic or intimate partner when used as a method of coercion, control, punishment, intimidation or revenge. For purposes of Domestic Violence, an “intimate relationship” means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.

Sexual Misconduct means unwelcome conduct that constitutes Non-Consensual Sexual Contact, Non-Consensual Sexual Intercourse, Sexual Exploitation, or Sexual Harassment.

(1)     Non-Consensual Sexual Contact

Non-Consensual Sexual Contact means either:

• intentional sexual contact or touching, however slight, by a Responding Partying of a Reporting Party’s Intimate Body Parts (or any materials such as clothing, covering the immediate area of the Intimate Body Parts) without the Reporting Party’s Consent and/or by force; or
• intentional sexual contact or touching, however slight, of a Reporting Party with a Responding Party’s Intimate Body Parts (or any materials such as clothing, covering the immediate area of the Intimate Body Parts) without the Reporting Party’s Consent and/or by force.

(2)     Non-Consensual Sexual Intercourse

Non-Consensual Sexual Intercourse means either:

• oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the contact or penetration, without the Reporting Party’s Consent and/or by force; or
• penetration, no matter how slight, of a person’s vagina or anus with any body part or object without the Reporting Party’s Consent and/or by force.

(3)     Sexual Exploitation

Sexual Exploitation means conduct involving a Responding Party taking, or attempting to take, non-consensual or abusive sexual advantage of a Reporting Party when such conduct would not otherwise be defined as Non-Consensual Sexual Contact, Non-Consensual Sexual Intercourse, or Sexual Harassment including, but not limited to:

• producing, distributing, receiving, or possessing illegal pornography, regardless of whether or not the illegal pornography is physical or digital;
• engaging in sexual voyeurism or knowingly allowing another individual to engage in sexual voyeurism, either in person or through electronic means;
• producing, creating, distributing, intentionally receiving, or possessing pictures/videos of a sexual nature, or otherwise creating a record or recording of a sexual nature without the Consent of all of the parties depicted in the materials or exceeding the boundaries of that Consent;
• benefiting, promoting, or earning money from the prostitution of another individual; or
• intentionally exposing one’s genitals in non-consensual circumstances, or inducing another to expose their genitals in non-consensual circumstances.

(4)     Sexual Harassment

Sexual Harassment can mean either “Quid Pro Quo” Sexual Harassment or Hostile Environment Harassment.

“Quid Pro Quo” Sexual Harassment means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a Responding Party in a position of power or influence where (1) submission to the unwelcome conduct by Reporting Party is made either an explicit or implicit term or condition of academic standing or of employment; or (2) submission to or rejection of such conduct is used as the basis for academic or employment decisions affecting that Reporting Party. As defined here, “Quid Pro Quo” Sexual Harassment normally arises in the context of an authority relationship. This relationship may be direct, as in the case of a supervisor and subordinate teacher or student, or it may be indirect when the Responding Party has the power to influence others who have authority over the Reporting Party.

“Hostile Environment” Sexual Harassment means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature is so severe, pervasive, and/or objectively offensive that the conduct unreasonably interferes with the Reporting Party’s employment, academic pursuits, or participation in University activities (i.e. the conduct creates an objectively hostile environment). Generally, a single inappropriate joke, unwelcome sexual advance, or unwelcome request for sexual favors does not create a “hostile environment;” however, being subjected to such conduct repeatedly may constitute a “hostile environment.” In determining whether the alleged conduct warrants corrective action, all relevant circumstances, including the context in which the conduct occurred, will be considered. The existence of a “hostile environment” will be determined on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual.

Retaliation means an adverse action taken against a Reporting Party because that person:

• complained of Discrimination, Protected Class Harassment, Sexual Misconduct, Sexual Misconduct, Intimate Partner Violence, Stalking or Retaliation in good faith;
• cooperated in an investigation under this Policy or its Procedures; or
• participated in proceedings or a resolution process brought under this Policy or its Procedures.

True Threats directed towards an individual because of that person’s actual or perceived protected characteristics.

Conduct which maliciously and with specific intent to intimidate or harass another person because of that person’s protected characteristics:

• Makes physical contact with another person
• Damages or defaces any property of another person; or
• Threatens by word or act to do either of the above if there is a reasonable cause to believe that such an act will occur.