Fayetteville Policies and Procedures 214.1: Discrimination (Including Discriminatory Harassment) – Employment, Education, Programs and Services

Relevant excerpt

The University reserves the right to address, as an administrative matter, conduct that does not constitute a violation of this policy, but nevertheless is inappropriate in a professional work or educational environment.

Discriminatory Harassment: (1) Unwelcome, protected class-based verbal, written or physical conduct that (2) is sufficiently severe or pervasive that (3) it unreasonably interferes with, denies, or limits an individual’s ability to participate in or benefit from the University’s education or employment programs or activities; and (4) the creation of an intimidating, hostile, or offensive environment.

Sexual Harassment: Sexual Harassment is unwelcome, gender-based spoken, written or symbolic action or physical conduct that is sufficiently severe or pervasive that it has the effect of unreasonably interfering with, limiting, or denying someone the ability to participate in or benefit from the University’s educational programs or services or an individual’s employment.  The unwelcome behavior may be based on power differentials, the creation of a hostile environment or retaliation.

Hostile or abusive environment exists when the workplace or educational environment is permeated by discriminatory intimidation, insults, and ridicule, such as sexual innuendos, uninvited sexual advances, sexually suggestive or discriminatory remarks, sexually suggestive or offensive signs, graffiti, or pictures, the use of sexually crude and vulgar language, etc. The offensive conduct must be sufficiently severe or pervasive that a reasonable person would find the conditions of the working or learning environment to have been adversely affected. The individual must also subjectively perceive the environment to be hostile or abusive.

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