INTERIM NONDISCRIMINATION AND ANTI-HARASSMENT POLICY

 

(Effective 5/5/05)

 

The University of Arizona (University) is committed to creating and maintaining an environment free of discrimination and harassment that is unlawful or prohibited by University policy (hereinafter "prohibited discrimination"). Every member of the University community should be aware that the University does not tolerate discrimination and that both law and University policy prohibit such behavior. This policy prohibits discrimination, including harassment, by University employees, students, contractors, or agents of the University, and by anyone participating in a University sponsored activity. The University will take prompt and appropriate action to prevent, correct, and if necessary, discipline behavior that violates this policy. All members of the University community are responsible for participating in the creation of a campus environment free from all forms of prohibited discrimination.

 

The University prohibits discrimination, including harassment, on the basis of race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation², or gender identity³. The University also prohibits retaliation because an individual has engaged in a protected activity. Protected activity consists of (1) opposing a practice made unlawful by one of the employment discrimination statutes or prohibited by University policy; or (2) filing a complaint about such practice, or testifying, assisting, or participating in any manner in an investigation or other proceeding related to such a complaint.

 

COVERED ACTIVITIES

 

This policy covers:

• all aspects of the employment relationship,
• admission and treatment of students in the University's educational programs and activities, and
• participation in or access to University sponsored programs, activities, or facilities.

 

PROHIBITED DISCRIMINATION, INCLUDING HARASSMENT

 

Discrimination occurs when a person is treated less favorably than a similarly situated person because of his/her race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation or gender identity.

Harassment, a specific form of discrimination, occurs when a person is harassed because of his/her race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation or gender identity.

A hostile environment exists when harassment unreasonably interferes with an individual's job performance, or materially changes the individual's conditions of education or employment so as to create an intimidating, hostile, or offensive educational or working environment.

 

GENERAL GUIDELINES

 

Confidentiality

 

Employees of the Equal Opportunity and Affirmative Action Office, the Dean of Students Office, and responsible administrators receiving reports of discrimination, including harassment, will respect the confidentiality of the information they receive, except where disclosure is required by law or is necessary to facilitate legitimate University processes.

 

Policy Violations

 

Except for incidents where both parties to a claim of alleged discrimination or harassment are students, the Equal Opportunity and Affirmative Action Office will investigate allegations of violations of this policy and make appropriate recommendations in accordance with its established procedures. If both the accused and the accuser are students, this policy is enforced by the Dean of Students Office.

 

SOURCE REFERENCES

 

The University's Nondiscrimination and Anti-harassment Policy is based on the amended provisions of Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1975, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, the Age Discrimination in Employment Act of 1967, and other applicable federal and state laws, and Arizona Board of Regents and University policy.

 

¹ The University's Interim Policy and Procedures for Nondiscrimination on the Basis of Disability is superseded by this policy.
² For the purposes of this policy, "sexual orientation" means an individual's heterosexuality, homosexuality, or bisexuality, whether the orientation is real or perceived.
³For the purposes of this policy, "gender identity" means an individual's actual or perceived gender, including an individual's self-image, appearance, expression, or behavior, whether or not that self-image, appearance, expression, or behavior is different from that traditionally associated with the individual's sex at birth as being either female or male.