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Prohibited Discrimination and Harassment Definitions

Discrimination: This includes employment and educational decisions made on the basis of race, religion, color, national or ethnic origin, age, sex (including sexual harassment and sexual violence), sexual orientation, marital status, citizenship status, disability, genetic information, status as a victim of domestic violence or status in the uniformed services of the United States (including veteran status).

Discrimination-related Harassment: Verbal or physical conduct that creates an unwelcoming and hostile environment for people because of their personal characteristics that are protected by law.

Sexual Harassment: Sexual harassment is a form of discrimination and violates the law. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, such as sexual assault or acts of sexual violence when: 1) submission to such conduct is made either explicitly or implicitly a condition of an individual’s employment or education; 2) submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; 3) conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance by creating an intimidating, hostile or offensive employment, education, or living environment; 4) such conduct has the purpose or effect, when judged from the perspective of a reasonable person in the position of the complaining individual, of creating an intimidating, hostile or offensive environment for working, learning, or enjoying other College opportunities, programs and activities. This definition of sexual harassment will be interpreted and applied consistently with current legal standards, as well as accepted standards of mature behavior, professional responsibilities, academic freedom and freedom of expression.

Examples of Discrimination-related and Sexual Harassment: Each member of the College community must exercise his or her own good judgment to avoid engaging in conduct that may be perceived by others as harassment. Subjecting employees or students to harassment by a visitor to campus or while off-campus in the course of conducting College business is also prohibited by this policy. Forms of discrimination related and sexual harassment include, but are not limited to:

Form Description
Verbal Repeated sexual innuendoes, racial or sexual epithets, derogatory slurs, off-color jokes, propositions, threats or suggestive or insulting sounds, phone calls
Visual/Non-Verbal Derogatory posters, cartoons, or drawings; suggestive objects or pictures; graphic commentaries; leering; obscene gestures or exhibitionism; transmission of such offensive material through the mail or using any electronic communication medium (e.g. text messages, email, a social networking service or the Internet)
Physical Unwanted physical contact, including touching, patting, pinching, hugging, brushing against another's body, or interference with an individual’s normal physical movements, attempted sexual assault, sexual assault

Examples of Discrimination using Terms and Conditions of Employment or Education

  1. Making or threatening to make reprisals as a result of a negative response to harassment by making explicit or implied suggestions that submission to or rejection of sexual advances will affect decisions regarding an individual's terms or conditions of employment or education.
  2. Making employment or educational decisions affecting an individual on the basis of personal characteristics that are protected by law.

Employment terms and conditions can include hiring, job classification, work assignments or status, salary or other compensation, promotion or transfer, discipline, discharge, layoff, leaves of absence, job training, benefits or other terms or conditions affecting one’s employment.

Educational terms and conditions can include academic standing, grades, participation in programs or activities, athletic opportunities, receipt of financial aid, grants, leaves of absence or other terms or conditions affecting one’s education.

Definition of Retaliation

Prohibited retaliation may include taking adverse action or treatment that leads to a negative impact on an individual’s employment or educational experience because that person has made a complaint or participated in the complaint process or has engaged in any other protected activity. Unlawful retaliation can be any action that would keep an individual from coming forward to make or support a discrimination or sexual harassment claim. Individuals who engage in retaliation will also be subject to discipline up to and including termination.