III. Prohibited Conduct This Policy prohibits all the following conduct, collectively defined as “Prohibited Conduct.”
A. Discrimination and Harassment Based on All Protected Characteristics Discrimination: When an individual or group is subjected to an adverse action, including differential treatment, based upon a protected status or characteristic. Discrimination can occur under this Policy in either an employment or an educational context. Discrimination also includes failing to provide reasonable accommodations to a qualified person with a disability or failing to reasonably accommodate an employee’s religious beliefs or practices, as required by state and federal law.
Harassment: Conduct based on a protected characteristic that satisfies one or more of the following:
Non-Title IX Hostile Environment Harassment (Including Sexual Harassment): Unwelcome protected status-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from UNA’s programs or activities (i.e., creates a hostile environment). Factors considered when determining whether the conduct created a Hostile Environment include, but are not limited to: 1. The degree in which the conduct affected the Complainant’s ability to access UNA’s program or activity; 2. Whether the conduct unreasonably interfered with an employee’s work performance; 3. The severity of the conduct; 4. The type, frequency, and duration of the conduct; 5. Whether the conduct was physically threatening or humiliating; 6. The parties’ ages, roles within UNA’s program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct; 7. The location of the conduct and the context in which the conduct occurred; and 8. Other Prohibited Conduct in UNA’s program or activity. An isolated incident, unless sufficiently severe, would typically not create a hostile environment. Harassment is distinguished from behavior that, even though unpleasant or disconcerting, is appropriate to the carrying out of certain instructional, advisory, or supervisory responsibilities. Harassment can include conduct that significantly interferes with the individual’s or group’s: • educational environment (e.g., admission, academic standing, grades, assignment); • work environment (e.g., hiring, advancement, assignment); • participation in a UNA program or activity (e.g., campus housing); or • receipt of legitimately-requested services (e.g., disability, pregnancy, or religious accommodations).
Protected Characteristics include the following:
Age: The number of years from the date of a person’s birth. With respect to employment, individuals who are forty (40) years of age or older are protected from discrimination and harassment based on age. There is no age threshold for protection from discrimination for students or other participants in educational programs or activities.
Color: An individual’s skin tone, complexion, or shade.
Disability: A physical or mental impairment that substantially limits one or more major life activities. Individuals are protected from discrimination if they have such an impairment; have a record of such
27
Made with FlippingBook - PDF hosting