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(Scope)
(Definitions)
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: Definition summary
 
: Definition summary
  
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=== Associate Vice Chancellor for Equity, Diversity and Compliance ===
 +
:is defined as the Associate Vice Chancellor for Equity, Diversity and Compliance of Appalachian State University or their designee. The Associate Vice Chancellor serves as the University’s Title IX Coordinator.  The Associate Vice Chancellor may delegate the authority to perform any of the duties assigned to that official in this policy. All references to the Associate Vice Chancellor for Equity, Diversity and Compliance include any such designee.
 +
 +
=== Complaint ===
 +
:A request by a person alleging the occurrence of discrimination, harassment or retaliation prohibited by this policy that the University address the alleged behavior through a formal process. All complaints must be reduced to writing, either initially or as part of an investigation.
 +
 +
=== Confidential Resource ===
 +
:A designated University office whose employees will not share information about or shared by the individuals involved in alleged violations of this policy without permission, unless there is a threat of serious harm to the individual or to others, or there is a legal obligation to reveal such information (e.g., suspected abuse or neglect of a minor).  The following offices/organizations are designated as Confidential Resources under this policy:
 +
#Student Legal Clinic
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#Student Health Services
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#University Ombuds
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#Counseling and Psychological Services
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#Counseling for Faculty and Staff
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#ComPsych or a similar service provider
 +
 +
=== Day ===
 +
:Unless specifically indicated otherwise, a “day” is a business day on which the University is open.
 +
 +
=== Discrimination ===
 +
:Unlawful or otherwise prohibited distinction of, preference for, or detrimental treatment of, an individual as compared to other individuals that is based on an individual’s protected status (as defined in this policy) and that is sufficiently serious to unreasonably interfere with or limit:
 +
#An employee’s or employment applicant’s access to employment or terms, conditions and benefits of employment (e.g., hiring, advancement, assignment, etc.);
 +
#A student’s or admission applicant’s ability to participate in, access, or benefit from educational programs, services, or activities (e.g., admission, academic standing, grades, assignment, campus housing, etc.);
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#An authorized volunteer’s ability to participate in a volunteer activity; or
 +
#A guest’s or visitor’s ability to participate in, access, or benefit from the University’s programs or deliver services. Discrimination includes failure to provide reasonable accommodations, consistent with state and federal law and university policy, to a qualified person with a disability.  Discrimination also includes failure to make religious accommodations consistent with state and federal law.
 +
 +
=== Harassment ===
 +
:Verbal, physical, electronic, or other conduct based upon an individual’s protected status (as defined in this policy) that creates a hostile environment or involves a quid pro quo exchange. Harassment occurs when this type of conduct unreasonably interferes with an individual’s:
 +
#Educational environment (e.g., admission, academic standing, grades, assignment, etc.);
 +
#Work environment (e.g., hiring, advancement, assignment, etc.);
 +
#Participation in a University program or activity (e.g., campus housing, extra-curricular activities, etc.); or
 +
#Receipt of legitimately requested services (e.g., disability or religious accommodations, etc.)
 +
 +
##Hostile Environment Harassment - Unwelcome conduct based on protected status that is so severe, persistent, or pervasive that it alters the conditions of education, employment, or participation in a university program or activity, thereby creating an environment that a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive. An isolated incident, unless sufficiently severe, does not constitute hostile environment harassment.
 +
 +
##Quid Pro Quo Harassment - Unwelcome conduct based on protected status where submission to or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions adversely affecting an individual’s education, employment, or participation in a University program or activity. Examples of quid pro quo harassment may include, but are not limited to:
 +
###Promising a promotion or higher grade if an individual acquiesces to sexual advances;
 +
###Denying an employee a pay raise after the employee has declined a request for sexual favors from a supervisor; or
 +
###Action to deny membership in an organization to an individual who has declined a request for sexual favors from a leader or member of that organization.
 +
 +
=== Protected Activity ===
 +
:An individual’s good faith
 +
#participation in the reporting, investigation, or resolution of alleged violation(s) of this policy;
 +
#opposition to policies, practices, or actions that the individual reasonably believes are violations of this policy; or
 +
#requests for accommodations on the basis of religion or disability.
 +
 +
=== Protected Status ===
 +
:Consistent with federal and state law and policies of The University of North Carolina, the University prohibits discrimination and harassment based on the following protected statuses:
 +
#Age: The number of years from the date of a person’s birth. With respect to employment, individuals who are forty (40) years of age or older are protected from discrimination and harassment.
 +
#Color: An individual’s skin pigmentation, complexion, shade, or tone.
 +
#Disability: A person who has a physical or mental impairment that substantially limits one or more major life activities; or has a record of such impairment; or is regarded as having such impairment. A qualified person with a disability is one who is able to perform the essential functions of the employment or volunteer position or the academic, athletic, or extra-curricular program, with or without reasonable accommodation.
 +
#Gender: An individual’s socially constructed status based on the behavioral, cultural, or psychological traits typically associated with societal attribution of masculinity and femininity, typically related to one’s assigned sex at birth.
 +
#Gender Identity: The gender with which an individual identifies psychologically, regardless of what gender was assigned at birth.
 +
#Gender Expression: The outward manifestation of one’s gender identity, usually expressed through appearance, behavior, or mannerisms. A person’s gender expression may or may not be the same as the gender identity or assigned sex at birth.
 +
#Genetic Information: Information about (a) an individual’s genetic tests; (b) a genetic disorder in family members of such individuals; and (c) the manifestation of a disease or disorder in family members of such individuals. Genetic information includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services by such individual or any family member of such individual.
 +
#National Origin: An individual’s actual or perceived country or ethnicity of origin.
 +
#Political Affiliation: Membership in, participation in, or support of, a particular political party, group, or candidate.
 +
#Race: An individual’s actual or perceived racial or ethnic ancestry as may be evidenced by physical characteristics, such as a person’s skin color, hair, facial features, height, and weight.
 +
#Religion: All aspects of religious observance and practice, as well as sincerely held religious belief.
 +
#Sex: An individual’s actual or perceived status of being biologically male or female, including pregnancy. Conduct of a sexual nature is conduct based on sex as a protected status.
 +
#Sexual Orientation: The inclination or capacity to develop intimate emotional, spiritual, physical, and/or sexual relationships with people of the same sex or gender, a different sex or gender, or irrespective of sex or gender.
 +
#Veteran Status: Covered veterans include disabled veterans, special disabled veterans, Vietnam era veterans, and other protected veterans as defined by federal and/or state law.
 +
 +
=== Report ===
 +
:A disclosure of information by a person alleging the occurrence of discrimination, harassment or retaliation prohibited by this policy. Filing a report may initiate or result in a formal complaint either by the Reporting Party or the University.
 +
 +
=== Reporting Party ===
 +
:A person who submits a report regarding discrimination, harassment, or retaliation prohibited or reasonably thought to be prohibited by this policy.
 +
 +
=== Responding Party ===
 +
:A person who is alleged to have committed violation(s) of this policy.
 +
 +
=== Responsible Employee ===
 +
:Any employee of the University who has supervisory responsibilities, any employee of the Office of Human Resources,  any coach of an intercollegiate athletic team, and  any employee of the University’s Residence Life staff. Individuals identified as Confidential Resources are not considered to be Responsible Employees.
 +
 +
=== Retaliation ===
 +
:Any form of reprisal against an individual for engaging in protected activity under this policy. Retaliation may include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation may be found even when an underlying report made in good faith was not substantiated. Retaliation may be committed by the Responding Party, the Reporting Party, or any other individual or group of individuals.
 +
 +
=== Title IX Responsible Employee ===
 +
:Any employee listed as a Responsible Employee and any member of the faculty, as defined in the University’s Faculty Handbook. Individuals identified as Confidential Resources are not considered to be Title IX Responsible Employees.
 +
 +
=== University ===
 +
:Appalachian State University, a constituent institution of The University of North Carolina, with its main campus located in Boone, North Carolina. This includes any officially designated location, program or activity of the University.
  
 
== Policy and Procedure Statements  ==
 
== Policy and Procedure Statements  ==

Revision as of 14:50, 22 June 2017

Policy 110

1 Introduction

1.1 This policy prohibits all forms of discrimination and harassment based on protected class status. This policy also prohibits all forms of retaliation against any individual because of their participation in the reporting, investigation, or adjudication of alleged violations of this policy.

2 Scope

2.1 Individuals Covered by this Policy

2.1.1 This policy applies to all members of the Appalachian State University community including students, faculty, and staff, as well as visitors and contractors.

2.2 Jurisdiction

2.2.1 The University has authority to address any prohibited conduct, as outlined in this policy, that occurs on university premises. The University also reserves the right to address off-campus behavior prohibited by this policy when it is determined that the off-campus behavior is detrimental to the University and its educational mission. In making the determination of whether to address off-campus behavior pursuant to this policy, the Associate Vice Chancellor for Equity, Diversity and Compliance will consider the seriousness of the allegation, the risk of harm, whether those involved are members of the University community, whether alleged misconduct is part of a series of actions that occurred both on and/or off campus and other factors relevant to the impact of the alleged misconduct on the University community.

3 Definitions

3.1 Definition phrase or word

Definition summary

3.2 Associate Vice Chancellor for Equity, Diversity and Compliance

is defined as the Associate Vice Chancellor for Equity, Diversity and Compliance of Appalachian State University or their designee. The Associate Vice Chancellor serves as the University’s Title IX Coordinator. The Associate Vice Chancellor may delegate the authority to perform any of the duties assigned to that official in this policy. All references to the Associate Vice Chancellor for Equity, Diversity and Compliance include any such designee.

3.3 Complaint

A request by a person alleging the occurrence of discrimination, harassment or retaliation prohibited by this policy that the University address the alleged behavior through a formal process. All complaints must be reduced to writing, either initially or as part of an investigation.

3.4 Confidential Resource

A designated University office whose employees will not share information about or shared by the individuals involved in alleged violations of this policy without permission, unless there is a threat of serious harm to the individual or to others, or there is a legal obligation to reveal such information (e.g., suspected abuse or neglect of a minor). The following offices/organizations are designated as Confidential Resources under this policy:
  1. Student Legal Clinic
  2. Student Health Services
  3. University Ombuds
  4. Counseling and Psychological Services
  5. Counseling for Faculty and Staff
  6. ComPsych or a similar service provider

3.5 Day

Unless specifically indicated otherwise, a “day” is a business day on which the University is open.

3.6 Discrimination

Unlawful or otherwise prohibited distinction of, preference for, or detrimental treatment of, an individual as compared to other individuals that is based on an individual’s protected status (as defined in this policy) and that is sufficiently serious to unreasonably interfere with or limit:
  1. An employee’s or employment applicant’s access to employment or terms, conditions and benefits of employment (e.g., hiring, advancement, assignment, etc.);
  2. A student’s or admission applicant’s ability to participate in, access, or benefit from educational programs, services, or activities (e.g., admission, academic standing, grades, assignment, campus housing, etc.);
  3. An authorized volunteer’s ability to participate in a volunteer activity; or
  4. A guest’s or visitor’s ability to participate in, access, or benefit from the University’s programs or deliver services. Discrimination includes failure to provide reasonable accommodations, consistent with state and federal law and university policy, to a qualified person with a disability. Discrimination also includes failure to make religious accommodations consistent with state and federal law.

3.7 Harassment

Verbal, physical, electronic, or other conduct based upon an individual’s protected status (as defined in this policy) that creates a hostile environment or involves a quid pro quo exchange. Harassment occurs when this type of conduct unreasonably interferes with an individual’s:
  1. Educational environment (e.g., admission, academic standing, grades, assignment, etc.);
  2. Work environment (e.g., hiring, advancement, assignment, etc.);
  3. Participation in a University program or activity (e.g., campus housing, extra-curricular activities, etc.); or
  4. Receipt of legitimately requested services (e.g., disability or religious accommodations, etc.)
    1. Hostile Environment Harassment - Unwelcome conduct based on protected status that is so severe, persistent, or pervasive that it alters the conditions of education, employment, or participation in a university program or activity, thereby creating an environment that a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive. An isolated incident, unless sufficiently severe, does not constitute hostile environment harassment.
    1. Quid Pro Quo Harassment - Unwelcome conduct based on protected status where submission to or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions adversely affecting an individual’s education, employment, or participation in a University program or activity. Examples of quid pro quo harassment may include, but are not limited to:
      1. Promising a promotion or higher grade if an individual acquiesces to sexual advances;
      2. Denying an employee a pay raise after the employee has declined a request for sexual favors from a supervisor; or
      3. Action to deny membership in an organization to an individual who has declined a request for sexual favors from a leader or member of that organization.

3.8 Protected Activity

An individual’s good faith
  1. participation in the reporting, investigation, or resolution of alleged violation(s) of this policy;
  2. opposition to policies, practices, or actions that the individual reasonably believes are violations of this policy; or
  3. requests for accommodations on the basis of religion or disability.

3.9 Protected Status

Consistent with federal and state law and policies of The University of North Carolina, the University prohibits discrimination and harassment based on the following protected statuses:
  1. Age: The number of years from the date of a person’s birth. With respect to employment, individuals who are forty (40) years of age or older are protected from discrimination and harassment.
  2. Color: An individual’s skin pigmentation, complexion, shade, or tone.
  3. Disability: A person who has a physical or mental impairment that substantially limits one or more major life activities; or has a record of such impairment; or is regarded as having such impairment. A qualified person with a disability is one who is able to perform the essential functions of the employment or volunteer position or the academic, athletic, or extra-curricular program, with or without reasonable accommodation.
  4. Gender: An individual’s socially constructed status based on the behavioral, cultural, or psychological traits typically associated with societal attribution of masculinity and femininity, typically related to one’s assigned sex at birth.
  5. Gender Identity: The gender with which an individual identifies psychologically, regardless of what gender was assigned at birth.
  6. Gender Expression: The outward manifestation of one’s gender identity, usually expressed through appearance, behavior, or mannerisms. A person’s gender expression may or may not be the same as the gender identity or assigned sex at birth.
  7. Genetic Information: Information about (a) an individual’s genetic tests; (b) a genetic disorder in family members of such individuals; and (c) the manifestation of a disease or disorder in family members of such individuals. Genetic information includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services by such individual or any family member of such individual.
  8. National Origin: An individual’s actual or perceived country or ethnicity of origin.
  9. Political Affiliation: Membership in, participation in, or support of, a particular political party, group, or candidate.
  10. Race: An individual’s actual or perceived racial or ethnic ancestry as may be evidenced by physical characteristics, such as a person’s skin color, hair, facial features, height, and weight.
  11. Religion: All aspects of religious observance and practice, as well as sincerely held religious belief.
  12. Sex: An individual’s actual or perceived status of being biologically male or female, including pregnancy. Conduct of a sexual nature is conduct based on sex as a protected status.
  13. Sexual Orientation: The inclination or capacity to develop intimate emotional, spiritual, physical, and/or sexual relationships with people of the same sex or gender, a different sex or gender, or irrespective of sex or gender.
  14. Veteran Status: Covered veterans include disabled veterans, special disabled veterans, Vietnam era veterans, and other protected veterans as defined by federal and/or state law.

3.10 Report

A disclosure of information by a person alleging the occurrence of discrimination, harassment or retaliation prohibited by this policy. Filing a report may initiate or result in a formal complaint either by the Reporting Party or the University.

3.11 Reporting Party

A person who submits a report regarding discrimination, harassment, or retaliation prohibited or reasonably thought to be prohibited by this policy.

3.12 Responding Party

A person who is alleged to have committed violation(s) of this policy.

3.13 Responsible Employee

Any employee of the University who has supervisory responsibilities, any employee of the Office of Human Resources, any coach of an intercollegiate athletic team, and any employee of the University’s Residence Life staff. Individuals identified as Confidential Resources are not considered to be Responsible Employees.

3.14 Retaliation

Any form of reprisal against an individual for engaging in protected activity under this policy. Retaliation may include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation may be found even when an underlying report made in good faith was not substantiated. Retaliation may be committed by the Responding Party, the Reporting Party, or any other individual or group of individuals.

3.15 Title IX Responsible Employee

Any employee listed as a Responsible Employee and any member of the faculty, as defined in the University’s Faculty Handbook. Individuals identified as Confidential Resources are not considered to be Title IX Responsible Employees.

3.16 University

Appalachian State University, a constituent institution of The University of North Carolina, with its main campus located in Boone, North Carolina. This includes any officially designated location, program or activity of the University.

4 Policy and Procedure Statements

4.1 Example policy 1

4.2 Example policy 2

5 Additional References

6 Authority

7 Contact Information

8 Original Effective Date

9 Revision Dates