(A)       Policy.

 

(1)       This policy sets forth the expectations and responsibilities for maintaining an educational and employment environment free of unlawful discrimination and harassment. This policy is in accordance with rule 3342-6-02 of the Administrative Code, which prohibits unlawful discrimination based on race, color, religion, gender, sexual orientation, national origin, disability, age, military status, or identity as a disabled veteran or veteran of the Vietnam era, or other protected veteran.  Harassment directed toward an individual or a group based on any of these categories is a form of unlawful discrimination.  The university encourages an atmosphere in which the diversity of its members is understood and appreciated, free of discrimination and harassment based on the above categories. Thus, all members of the university are expected to join in creating a positive atmosphere in which individuals can learn and work in an environment that is respectful and supportive of the dignity of all individuals.

 

 

(2)       It is the policy of the university to:

 

(a)       Apply the federal and state definitions of unlawful discrimination and harassment in implementing this policy.

           

(b)       Communicate that unlawful discrimination and harassment are unacceptable and will not be tolerated.

 

(c)        Educate the university community regarding individual rights with regard to unlawful discrimination and harassment.

 

(d)       Investigate alleged incidents that are reported in the appropriate manner.

 

(3)      This policy is intended to promote the university’s commitment to equal opportunity and diversity. It is not intended to censor first amendment rights to express ideas and opinions on any topic provided that expression is not in the form of unlawful discrimination or harassment.

 

(4)       In accordance with the Civil Rights Act Title IX, in academic and student programs this policy shall apply to, but not necessarily be limited to, the following: recruiting, admission, access to programs, financial aid, academic progress/grading, and social, recreational and health programs.

 

(a)       In accordance with the Civil Rights Act Title VII, in employment this policy shall apply to, but not necessarily be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other compensation, and selection for training.

 

(b)       Kent State University prohibits retaliation against any individual who makes a complaint of unlawful harassment.  Similarly, any person who participates or cooperates in any manner in an investigation or any other aspect of the process described herein shall not be subject to retaliation.  Retaliation is itself a violation of this policy and is a serious offense.  Complaints regarding allegations of reprisal should be immediately reported to the equal opportunity/affirmative action office.

 

(B)       Eligibility.  Students, faculty, staff, applicants, independent contractors, visitors, and university recognized student organizations.

 

 (C)      Definitions.

 

(1)       Protected category. Kent State University defines a protected category to include race, color, religion, gender, sexual orientation, national origin, disability, age, military status, and identity as a disabled veteran or veteran of the Vietnam era, or recently separated veteran.

 

(2)       Unlawful discrimination. An intentional or unintentional act that treats an individual in a protected category adversely in employment, academic or non-academic decision making based on the protected category.

 

(3)       Unlawful harassment. Unlawful harassment includes intimidation, ridicule or insults that are sufficiently severe, pervasive or persistent as to interfere with or limit the ability of an individual to participate in or benefit from the services, activities or privileges provided by the University; creates an intimidating, hostile or offensive working and/or learning environment; or otherwise adversely affects an individual’s work or learning opportunities. This type of discriminatory harassment applies to such conduct, which is based on an individual’s race, color, religion, gender, sexual orientation, national origin, disability, age, military status, identity as a disabled veteran or veteran of the Vietnam era, or recently separated veteran.

 

(4)       Hostile Environment. According to the department of education and/or office for civil rights, a hostile environment may be created by oral, written, graphic or physical conduct that is sufficiently severe, persistent, or pervasive so as to interfere with or limit the ability of an individual to participate in or benefit from the university’s academic, student or employment programs or activities.

 

(5)      Unlawful Conduct. Unlawful verbal or physical conduct may include, but is not limited to, comments focused on physical features, racial taunts, epithets/slurs, defacing property and items which demonstrate hostility to a person’s background or heritage.

 

(6)      Race/color/national origin unlawful discrimination and harassment.

 

(a)       Race and color. Race and color discrimination is defined as unlawful treatment of an individual based on characteristics associated with race.

 

(b)       Racial harassment is defined as any verbal or physical behavior or conduct that has the purpose or effect of:

 

(i)         Creating an intimidating, hostile, or offensive employment, educational or university-based living environment;

           

(ii)        Interfering with an individual’s or group’s educational experience, employment, university-based living environment, personal safety or participation in university sponsored activity; or

                                   

(iii)       Threatening an individual’s or group’s employment or academic opportunities.

 

(c)        National origin. National origin discrimination is defined as unlawful treatment of an individual based on birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group or national origin.

 

(7)       Gender discrimination and harassment

 

(a)       Gender. Title VII prohibits unlawful discrimination based on the basis of gender or sex. Both men and women are protected from discrimination.  Gender discrimination includes, but is not limited to, discrimination based on pregnancy, childbirth and disability due to pregnancy.

                       

(b)       Sexual Harassment. Sexual harassment is defined as unwelcome gender bias, sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

 

(i)                 Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic performance;

           

(ii)        Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual or group; or

 

(iii)       Such conduct is sufficiently severe, pervasive, or persistent and has the purpose or effect of unreasonably interfering with an individual’s employment or academic performance or creates an intimidating, hostile or offensive working environment, academic or university-based living environment.

 

 

(iv)       Verbal and/or physical behavior includes, but is not limited to: sexually explicit jokes, insults, taunts, obscene gestures, pictorial and written communications, electronic communication including email, and unwelcome embracing and touching.

                       

(8)       Religious discrimination and harassment. Title VII prohibits unlawful discrimination on the basis of religion, and requires reasonable accommodation for religious practices, unless to do so would cause “undue hardship” on the conduct of business. Religion is broadly defined to include all aspects of religious observance, practice and belief.

 

(a)       The religious beliefs must be sincere to the person seeking protection.

 

(b)       Conduct including, but not limited to, insistence, either implicitly or explicitly, that an individual participate in or not participate in religious activities or hold or not hold particular religious views, may constitute religious harassment.

 

(9)       Disability discrimination and harassment

 

(a)       The Americans with Disabilities Act (ADA), sections 503 and 504 of the Rehabilitation Act, and section 4112 of the Ohio Revised Code prohibit unlawful discrimination against individuals with disabilities.  An individual who:

 

(i)         Has a physical or mental impairment that substantially limits one or more of his/her major life activities;

                                               

(ii)        Has a record of such an impairment; or

                                   

                                               

(iii)       Is regarded as having such an impairment.

 

                                   

(b)       A qualified individual who, with or without a reasonable accommodation, can perform the essential functions as a student or employee.

 

(c)        Federal law requires making reasonable accommodations to the known physical or mental limitations of a qualified individual with a disability unless to do so would cause an undue hardship on the operation of the business.

 

(10)     Age Discrimination and harassment

 

(a)       The Age Discrimination in Employment Act of 1967 prohibits unlawful discrimination on the basis of age with respect to individuals who are at least 40 years of age, or by other means. (Ohio Revised Code 4112)

 

(11)     Sexual Orientation discrimination and harassment

 

(a)       Kent State University policy prohibits unlawful discrimination based on sexual orientation.  This includes gay, lesbian, bisexual and transgender individuals.

 

(b)       Sexual Orientation harassment is defined as any verbal or physical behavior or conduct that has the purpose or effect of:

 

(i)         Creating an intimidating, hostile, or offensive employment, educational or university-based living environment;

 

(ii)        Interfering with an individual’s or group’s employment or academic opportunities.

 

(iii)       Limiting an individual’s access to employment, admission, academic success, or university activities and facilities because of the individual’s sexual orientation.

 (12)    Veterans

 

(a)       The Vietnam Era Veterans Readjustment Assistance Act of 1974 prohibits unlawful discrimination and requires affirmative action in all employment practices for special disabled veterans and Vietnam era veterans.

 

            (13)      Military status.

 

(a)       Section 4112 of the Ohio Revised Code and House Bill 372 prohibits unlawful discrimination on the basis of military status in employment decisions. Military status includes active duty, active duty for training, initial active duty for training, inactive duty for training, full-time national guard duty and performances of duty or training by a member of the Ohio organized militia.

 

(D)       Implementation

 

(1)       The office of equal opportunity/affirmative action is responsible for administering this policy.

 

(2)       To determine the most appropriate complaint and resolution process, anyone who believes that unlawful harassment or discrimination has occurred may contact his/her immediate supervisor and/or one of the following university offices: the office of equal opportunity/affirmative action, employee relations, ombuds, dean of students and student ombuds, the student multicultural center, the office of diversity and academic initiatives, the women’s resource center, or an appropriate university employee. Anyone who feels physically threatened or has been physically harmed should immediately contact university police. All offices receiving complaints must notify the office of equal opportunity/affirmative action.

 

(3)       A violation of this policy should be reported as soon as possible after an incident occurs so appropriate action can be taken according to university policy.

 

(4)       The confidentiality of all parties will be honored to the extent legally protected and which provides for an appropriate investigation. Persons seeking information or guidance concerning potential discrimination or harassment allegations are advised that the university may take action once it is informed of an allegation whether or not the person wants to pursue a complaint.

 

(E)       Violations.

 

(1)       It is a violation of this policy and federal and state laws for anyone to engage in unlawful discrimination and/or harassment as defined in section (C) of this rule.

 

(2)       The university is committed to eliminating unlawful discrimination and harassment, wherever they occur in the university community, by taking corrective action as a result of violations of this policy. Violations may lead to disciplinary action which may include separation from the university.

 

(3)       Retaliation against persons who file complaints or cooperate with the investigation of a complaint of discrimination or harassment is a violation of this policy as well as the law, and is strictly prohibited. Overt or covert acts of reprisal, interference, restraint, penalty or intimidation against any person for exercising rights under this policy will be subject to appropriate and prompt disciplinary and remedial action.

 

(4)       If the office of equal opportunity/affirmative action determines that a complainant willfully and/or deliberately falsely accused a member of the faculty or staff or a student of harassment, appropriate sanctions will be recommended against the complainant.

 

(F)       Sanctions.

 

(1)       If it is found that an individual’s conduct violates this policy, sanctions will be recommended. Action may include, but is not limited to, counseling, training, oral or written warning, transfer, suspension, termination or expulsion. The degree of action may be determined based on the intent and outcome of the behavior. Sanctions shall be based on the nature and severity of the offense and the extent of the findings. The university will ensure that all parties are afforded due process in its complaint handling. Any sanctions will be in accordance with the provisions of the appropriate collective bargaining agreement, student conduct code, employee disciplinary procedure, or other appropriate university policy.

 

(G)       Responsibilities.

 

(1)       The office of equal opportunity/affirmative action is responsible for administering this policy.

 

(2)       It is expected that all members of the university community share the responsibility for non-discrimination and harassment prevention and to report all instances of discrimination or harassment 3342-6-03.1.

 

(3)       Upon the knowledge or the verbal/written notice of an allegation of sexual harassment/discrimination, a supervisor or administrator of an operational unit will notify the office of equal opportunity/affirmative action and the supervisor or administrator of an operational unit concerned.  Once informed, the involved supervisor(s) and administrator(s) will coordinate with the office of equal opportunity/affirmative action to initiate a resolution.

 

(4)       Regional Campus Affirmative Action Facilitators are responsible for complaint intake and providing information, guidance, and direction in utilizing the complaint procedures at the Regional Campuses.

 

(5)       Kent Campus Affirmative Action Facilitators are responsible for complaint intake and providing information, guidance, and direction in utilizing the complaint procedure at the Kent Campus. 

(6)       Managers are responsible for providing information, guidance, disseminating policy and advising appropriately.

Effective: February 25, 2009
Prior Effective Dates: April 5, 1982; November 22, 1985; December 29, 1986; May 4, 1991; June 29, 1992; April 21, 2003; February 10, 2005; June 1, 2007; March 5, 2008