���߲ݴ�ý

The term “discrimination” refers to an act that disadvantages a person and that occurs because of the affected individual’s Protected Characteristics. Examples of discrimination include but are not limited to excluding a student from membership in an organization, or denying a student a professional opportunity because of the student’s Protected Characteristic.

Harassment is offensive conduct that is so severe or pervasive that it interferes with an individual's ability to participate in the University’s programs or activities when judged against a Reasonable Person standard and that occurs on the basis of an individual’s Protected Characteristics. Prohibited harassment based on sex, gender, gender identity, gender expression, pregnancy or pregnancy-related conditions, and other forms of sexual misconduct, are defined and referenced in the Student Sexual/Gender-Based (Title IX) Misconduct Policy.

���߲ݴ�ý encourages individuals experiencing or witnessing offensive behavior to make a report as early as possible so as to have the situation corrected before it reaches the level of a Policy violation. Individuals with a concern need not worry about whether the behavior is sufficiently serious to constitute a Policy violation.

Harassing conduct can occur in various forms, including:

• Verbal – Conduct such as unwelcome, demeaning, intimidating or graphic comments; using ethnic, racial, religious, or other slurs to refer to a person or group; or jokes or comments that demean a person or a group on the basis of one of the Protected Characteristics.
• Physical – Conduct such as physical threats toward or intimidation of another on the basis of one of the Protected Characteristics.
• Visual – Conduct such as creating or displaying racially, ethnically, or religiously offensive pictures, symbols, flags, cartoons, or graffiti that disparages another person or group because of one of the Protected Characteristics.
• Communication-based – Conduct such as phone calls, e-mails, text messages, social media direct messages, chats, blogs or online communications that demean or intimidate another on the basis of one of the Protected Characteristics. Members of the community are expected to be good digital citizens and to refrain from online misconduct, such as feeding anonymous gossip sites, sharing inappropriate content via social media, unwelcome messaging, or otherwise using the ease of transmission and/or anonymity of the Internet or other technology to harm another member of, or group within, the University community.

The fact that a person was personally offended by a communication or incident does not alone constitute a violation of this policy. The determination as to whether this policy has been violated takes into account the totality of the circumstances, including but not limited to the context of the conduct, the relationship of the individuals involved in the conduct, whether the conduct was an isolated incident or part of a broader pattern or course of offensive conduct, the seriousness or severity of the conduct, the intent of the individual who engaged in the allegedly offensive conduct, and its effect or impact on the individual or group and the learning community. In all instances, a key factor is whether the complained-of behavior occurred because of Protected Characteristics. However, even if the conduct is not based upon a Protected Characteristic and/or does not rise to the level of Prohibited Conduct under this policy, the University may respond by providing individual and community support and resources to those who have been impacted. In addition, such conduct that is not based on Protected Characteristics may constitute a violation of the University’s Code of Student Conduct and, if so, will be addressed pursuant to the applicable policies. 

Stalking is engaging in a course of conduct directed at a specific person that would cause a Reasonable Person to fear for their safety or the safety of others or suffer substantial emotional distress.

For the purposes of this definition, (i) a “course of conduct” means two or more acts, including, but not limited to, acts in which the individual directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property and (ii) “substantial emotional distress” means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling. 

Examples of behavior that may constitute stalking include repeated, intentional following, observing or lying in wait for another; using “spyware” or other electronic means to gain impermissible access to a person’s private information; repeated, unwanted, intrusive, and frightening communications by phone, mail, email, text, etc.; making direct or indirect threats to harm an individual or the individual’s relatives, friends, or pets; or damaging or threatening to damage the property of the targeted individual.

A “hate crime” is defined as violence towards or other criminal act(s) against a person, group, or property (or a threat to do so) that is motivated entirely or in part by a belief, perception, or hostility toward another’s Protected Characteristics, regardless of whether the belief or perception is correct. Proof of a Protected Characteristic, in and of itself, does not constitute evidence of motivation.

The following example demonstrates the difference between a non-hate crime and a hate crime: A student who selects a car at random in a campus parking lot and smashes the windshield has committed criminal mischief. A student who is biased against Muslims and smashes a windshield because they know that the car belongs to a Muslim student has likewise committed criminal mischief. However, this second incident is also a hate crime because the student was motivated by anti-Muslim bias. 

Federal and state laws prohibit hate crimes, and hate crimes often result in enhanced criminal penalties. Students who commit hate crimes are subject to criminal prosecution in addition to discipline pursuant to this policy. The criminal process is separate and distinct from this policy. The fact that a criminal complaint has been filed, prosecuted, or dismissed will not prevent ���߲ݴ�ý from pursuing disciplinary action. 

Retaliation is an adverse act or behavior perpetrated to “get back” at a person because the person reported misconduct, filed a Complaint, or participated or refused to participate as a Complainant, Respondent or witness in an investigation or proceeding conducted in response to reported violation of this policy by the University or by an external agency. Retaliation also includes an adverse act against someone for the purpose of interfering with any right or privilege under this policy or applicable law. Retaliation can take many forms, including, but not limited to, adverse action or violence, threats or intimidation that would discourage a Reasonable Person from engaging in protected activity. A person who acts in good faith is protected from retaliation. The fact that a statement is not determined to be proven or established following investigation and adjudication does not mean that the statement lacked good faith; a person may provide inaccurate information believing it is accurate, which is still good faith. If a person makes a statement knowing that it is false, the person has acted without good faith.

Supervisors must report any complaints or suspected acts of Prohibited Conduct (even if they do not involve direct reports). The Director for Diversity and Equity or the Associate Provost for Equity and Diversity are responsible for providing direction to employees and supervisors about any University-required supportive measures, such as, but not limited to, addressing issues directly with staff, faculty, or students whom they supervise, facilitating informal resolution or mediation of issues, providing information on avenues to address questions of Prohibited Conduct, or pursuing Complaints under the complaint procedures described here. Failure to report Prohibited Conduct in accordance with this section may be considered a violation of University policy.

Any faculty or staff member, unless their status as a Confidential Employee precludes this disclosure, who learns of an incident of Prohibited Conduct as defined in this policy, should report this information to the Director for Diversity and Equity or Associate Provost for Equity and Diversity.

If a member of the ���߲ݴ�ý community discloses actions believed to constitute Prohibited Conduct through a public awareness event such as a candlelight vigil, a protest, a student organization or other event or forum, or other public event, ���߲ݴ�ý is not obligated to begin an investigation. ���߲ݴ�ý may, however, use the information to inform the need for additional education and prevention efforts.