Harassment, Discrimination and Retaliation
Discrimination is defined under applicable federal and state law. In general, unlawful discrimination means failing to treat people equally based, at least in part, on status that is protected under applicable law or policy.
Harassment is a specific form of discrimination. It is unwelcome and offensive conduct that is based upon an individual or group’s membership in a protected class. Harassment is a violation of University policy when it is objectively offensive and sufficiently severe, persistent, or pervasive so as to interfere with or limit the ability of an individual or group to participate in or benefit from university-sponsored programs or activities, including employment and academic pursuits.
Harassment may be oral, written, graphic, or physical and may include, but is not limited to, offensive jokes, slurs, epithets, name calling, physical assaults, threats of harm, intimidation, ridicule, mockery, insults, put-downs, offensive objects, or pictures.
Sexual harassment is a form of discrimination and includes unwelcome acts of verbal, nonverbal, graphic or physical aggression, intimidation or hostility based on sex, sexual orientation or gender identity. Sexual harassment is a violation of University policy when it is objectively offensive and sufficiently severe, persistent or pervasive so as to interfere with or limit the ability of an individual or group to participate in or benefit from university-sponsored programs or activities, including employment and academic pursuits. Sexual harassment may or may not include conduct of a sexual nature and may involve individuals of the same or different sex, gender identity or sexual orientation.
Retaliation occurs when an adverse action is taken against an individual for engaging in protected activity. Protected activity consists of:
- opposing conduct reasonably believed to constitute discrimination, including harassment, that violates an employment discrimination statute or that university or University of North Dakota policy prohibits; or
- filing a complaint about such practice; or
- seeking an accommodation under this policy; or
- 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.