a) Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of a person's employment or is used as the basis for university decisions affecting the individual (often referred to as "quid pro quo" harassment); or b) Such conduct creates a hostile environment. A "hostile environment" exists when the conduct is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from the University's employment programs and/or activities. Conduct must be deemed severe, persistent, or pervasive from both a subjective and an objective perspective. In evaluating whether a hostile environment exists, the University will consider the totality of known circumstances, including, but not limited to: • The frequency, nature and severity of the conduct; • Whether the conduct was physically threatening; • The effect of the conduct on the reporting party's mental or emotional state; • Whether the conduct was directed at more than one person; • Whether the conduct arose in the context of other discriminatory conduct; • Whether the conduct unreasonably interfered with the reporting party's work performance; and • Whether the conduct implicates concerns related to academic freedom or protected speech. A hostile environment can be created by persistent or pervasive conduct or by a single or isolated incident, if sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the conduct is physical. A single incident of sexual assault, for example, may be sufficiently severe to constitute a hostile environment. In contrast, the perceived offensiveness of a single verbal or written expression, standing alone, is typically not sufficient to constitute a hostile environment. Discriminatory Harassment of a Non-Sexual Nature The same principles related to sexual harassment also apply to harassment on the basis of any characteristic that is protected by law. Thus, UNA's policy prohibits discriminatory harassment of a non-sexual nature, which includes verbal, physical, or graphic conduct that denigrates or shows hostility or aversion toward an individual or group on the basis of race, color, religion, sex, national origin, disability unrelated to job performance, veteran status, genetic information, or other status protected by applicable law and that has the effect of creating an intimidating, hostile, or offensive employment, educational, or living environment; or has the effect of unreasonably interfering with an individual's work performance. UNA also adopts these principles with regard to discrimination or discriminatory harassment on the basis of sexual orientation and gender identity. Prohibited behavior includes non-academic remarks or actions of a non-sexual nature that are severe or persistent or pervasive and objectively offensive sufficient to limit or deny an individual of their rights to employment. Complaint Procedure Complaints of alleged harassment or discrimination may be reported in several ways. Such behavior should be reported to the department chair, dean, director, or their direct supervisor or the appropriate Executive Council member; however, if not appropriate, then to the Associate
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