Nondiscrimination and Anti-harassment Policy
Discrimination occurs when an individual, or group of individuals, is treated adversely because they belong to a classification of individuals that is protected from discrimination by a federal or state statute or University policy as set forth above [race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity, or genetic information]. The failure to provide reasonable accommodations required by law or University policy based on disability or religious practice may constitute discrimination.
Harassment is a specific form of discrimination. It is unwelcome behavior, based on a protected classification, that a reasonable person would perceive to be sufficiently severe or pervasive to create an intimidating, hostile, or offensive environment for academic pursuits, employment, or participation in University-sponsored activities. Additionally, sexual harassment, whether between individuals of the same or different sex, includes unwelcome conduct of a sexual nature that is made, either explicitly or implicitly, a condition of an individual’s education, employment, or participation in a University program or activity, and/or when the submission to or rejection of such conduct is a factor in decisions affecting that individual’s education, employment, or participation in University-sponsored activities. Harassing conduct may take many forms, including verbal acts and name calling, as well as nonverbal behavior, such as graphic, electronic, and written statements, or conduct that is physically offensive, harmful, or threatening.
Retaliation occurs when an adverse action is taken against an individual for engaging in protected activity. Protected activity consists of: (1) opposing conduct reasonably believed to constitute discrimination, including harassment, which violates a nondiscrimination statute or which University policy prohibits; (2) filing a complaint about such practice; or (3) testifying, assisting, or participating in any manner in an investigation or other proceeding related to a discrimination complaint. Adverse actions that are reasonably likely to deter a complaining individual or others from engaging in protected activity are prohibited.
Student Code of Conduct
Discrimination, harassment, and retaliation are not explicitly (separately) defined in the Student Code of Conduct, although such behavior is prohibited by the Student Code of Conduct. Descriptions of behavior are provided in section 5-308(F) Prohibited Conduct rather than definitions for discrimination, harassment, and retaliation (there are some exceptions, notably that stalking and sexual misconduct are explicitly defined in 5-308(E) ). If no explicit definition is given in the Student Code of Conduct the definition found in the Nondiscrimination and Anti-harassment Policy is used as that Policy governs expectations for Student Behavior.
Consent is defined in the Student Code of Conduct:
“Consent” in the context of sexual activity means informed and freely given words or actions that indicate a willingness to participate in mutually agreed upon sexual activity.
Consent may not be inferred from: 1) silence, passivity or lack of resistance, 2) a current or previous dating or sexual relationship, 3) acceptance or provision of gifts, meals, drinks, or other items or or 4) previous consent to sexual activity.
Consent may be withdrawn during sexual activity, consent to one form of consensual sexual activity does not imply consent to any other form of sexual activity.
Consent may not be obtained through physical force, violence, duress, intimidation, coercion, or an express or implied threat of injury.
Consent may never be given by a person who is: incapacitated (by drugs, alcohol or otherwise), unconscious, asleep, or otherwise physically or mentally unable to make informed, rational judgments. The use of alcohol or drugs does not diminish one’s responsibility to obtain consent and does not excuse conduct that violates this Student Code of Conduct.