Policy Against Discrimination, Discriminatory Harassment, Sexual Misconduct, and Retaliation

Category: Harassment Policies School: University of Wisconsin – La Crosse Statement Rating: Yellow Last updated: July 10, 2017

Relevant excerpt

Discriminatory Harassment (RPD 14-6) is a form of discrimination consisting of unwelcome verbal, written, graphic or physical conduct that:

(a) Is directed at an individual or group of individuals on the basis of the individual or group of individuals’ actual or perceived protected status, or affiliation or association with person(s) within a protected status (as defined herein above); and

(b) is sufficiently severe or pervasive so as to interfere with an individual’s employment, education or academic environment or participation in institution programs or activities and creates a working, learning, program or activity environment that a reasonable person would find intimidating, offensive or hostile.

(c) To constitute prohibited harassment, the conduct must be both objectively and subjectively harassing in nature. Harassment may include but is not limited to verbal or physical attacks, threats, slurs or derogatory or offensive comments that meet the definition set forth herein.

Sexual Harassment (RPD 14-2) is one form of discriminatory harassment. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other physical conduct and expressive behavior of a sexual nature where:

(a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education;

(b) submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or

(c) such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating an intimidating, hostile or offensive employment or educational environment.

9.0 Conduct Not Covered By This Policy

9.1. Offensive or biased language or conduct that does not meet the criteria of discrimination, discriminatory harassment, sexual misconduct, or retaliation, and/or is not directed at a person or group on the basis of a protected status, may not be covered by this policy. However, such conduct may be covered by other policies, code(s) of conduct, or handbooks.

9.2. Regardless of whether or not disciplinary or punitive measures are available, the University may employ non-punitive measures to address such incidents, including dialogue, education, and conflict resolution efforts, with the goal of maintaining an inclusive educational and workplace environment while also respecting individual rights to freedom of speech and expression.

9.3. Individuals seeking assistance regarding offensive or biased language or conduct that is not covered by this policy are encouraged to contact Affirmative Action or Campus Climate.

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