- Discrimination. Discrimination means excluding from participation, denying the benefits of, or otherwise subjecting an individual or group of individuals to different treatment based on a Protected Class. For example, unlawful discrimination may consist of a decision, policy, or practice.
- Harassment. Harassment is unwelcome verbal, visual or physical conduct based on a Protected Class which creates an intimidating, offensive, or hostile work or educational environment that interferes with a person's work or educational performance or creates an environment such that a reasonable person would find the conduct intimidating, hostile or offensive. Harassment can be verbal (including slurs, jokes, insults, epithets, gestures or teasing), graphic (including offensive posters, symbols, cartoons, drawings, computer displays, or e-mails) or physical conduct (including physically threatening another, blocking someone's way, etc.) that denigrates or shows hostility or aversion towards an individual based on a Protected Class.
- Complaint. A report of Prohibited Conduct prohibited by this Policy. A “formal” or written report or complaint is not required.
- Complainant. A Complainant is any person who reports alleged Prohibited Conduct or an alleged victim of Prohibited Conduct, regardless of whether the alleged victim makes the report. Prohibited Conduct for purposes of this definition does not include Title IX Sexual Harassment.
- Respondent. A Respondent is a person alleged to have engaged in Prohibited Conduct. Prohibited Conduct for purposes of this definition does not include Title IX Sexual Harassment.
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California Sexual Harassment.
- Sexual harassment is unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal, nonverbal or physical conduct of a sexual nature when:
- Quid Pro Quo: A person’s submission to such conduct is implicitly or explicitly made the basis for employment decisions, academic evaluation, grades or advancement, or other decisions affecting participation in a University program, activity, or service; or
- Hostile Environment: Such conduct is sufficiently severe or pervasive that it unreasonably denies, adversely limits, or interferes with a person’s participation in or benefit from the education, employment or other programs, activities, or services of the University and creates an environment that a reasonable person would find to be intimidating or offensive.
- Consideration is given to the totality of the circumstances in which the conduct occurred.
- Sexual harassment need not be motivated by sexual desire. Examples of conduct that violates this policy include but are not limited to: Obscene or vulgar gestures, posters, or comments; Sexual jokes or comments about a person's body, sexual prowess, or sexual deficiencies; Propositions, or suggestive or insulting comments of a sexual nature; Derogatory cartoons, posters, and drawings; Sexually-explicit e-mails or voicemails; Uninvited touching of a sexual nature; Unwelcome sexually-related comments; Conversation about one’s own or someone else’s sex life; Conduct or comments consistently targeted at only one gender, even if the content is not sexual; or Teasing or other conduct directed toward a person because of the person's gender.
- Sexual harassment is unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal, nonverbal or physical conduct of a sexual nature when:
- Retaliation. Retaliation is an adverse action against a person based on their report or other disclosure of conduct prohibited by this Policy to a University employee or their participation in the investigation, reporting, remedial or disciplinary processes provided for in this Policy. An adverse action is conduct that would intimidate or discourage a reasonable person from reporting conduct prohibited by this Policy or participating in a process provided for in this Policy, such as threats, intimidation, harassment, or coercion. Retaliation does not include good faith actions lawfully pursued in response to a report of conduct prohibited by this Policy.
- Supportive Measures. Supportive Measures are services, accommodations or other measures put in place temporarily following a complaint of conduct prohibited by this Policy to assist or protect either the Complainant, the Respondent or the University community. Supportive Measures may remain in place until the matter is resolved, changed, or ended depending on how the parties’ needs evolve while the matter is being processed. Supportive Measures may also become a permanent Preventative and Corrective Measure following resolution of the matter. Supportive Measures may include, but are not limited to: counseling, extensions of deadlines or other course related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures, or other measures determined to be reasonable by the Responsible Administrator. When requested by a Complainant or otherwise determined to be appropriate, the University shall issue an interim no-contact directive prohibiting the Respondent from contacting the Complainant during the pendency of the investigation. The University shall not issue an interim mutual no-contact directive automatically, but instead shall consider the specific circumstances of each case to determine whether a mutual no-contact directive is necessary or justifiable to protect the noncomplaining party’s safety or well-being, or to respond to interference with an investigation, consistent with all applicable law. A no-contact directive issued after a decision of responsibility has been made shall be unilateral and only apply against the party found responsible.