Equal Opportunity and Discriminatory Harassment
Equal Opportunity and Discriminatory Harassment Policy
Responsible Official: University President
Administering Division/Department: Office of Equity and Inclusion (formerly Equal Opportunity Programs or EOP)
Effective Date: April 13, 2007
Last Revision: June 02, 2015
EMORY UNIVERSITY NONDISCRIMINATION STATEMENT
Emory University is an inquiry-driven, ethically engaged, and diverse community dedicated to the ideals of free academic discourse in teaching, scholarship, and community service. Emory University abides by the values of academic freedom and is built on the assumption that contention among different views is positive and necessary for the expansion of knowledge, both for the University itself and as a training ground for society at large. Emory is committed to the widest possible scope for the free circulation of ideas.
The University is committed to maintaining an environment that is free of unlawful harassment and discrimination. Pursuant to the University’s commitment to a fair and open campus environment and in accordance with federal law, Emory cannot and will not tolerate discrimination against or harassment of any individual or group based upon race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, veteran’s status, or any factor that is a prohibited consideration under applicable law. Emory University welcomes and promotes an open and genuinely diverse environment.
This policy is a republishing of the Emory University Equal Opportunity and Discriminatory Harassment Policy, which previously was published at: http://www.emory.edu/EEO/equalopportunitydiscriminatoryharassment.htm
This policy also supersedes and retires Policy 8.6, Grievance Procedures – Employee and Student Complaints of Discrimination, and unifies the grievance process. The effective date represents only the date that this version was published on policies.emory.edu and does not reflect the original effective date of this policy.
This Policy shall apply to persons who are employees and students of Emory University, vendors, contractors, guests, patrons, and other third parties participating in any Emory-sponsored event or program, whether on or off campus, and to such persons in other situations in which the respondent is acting as a member of the Emory community.
Complaints Against Students
Students are bound by the principles outlined in this policy. However, complaints against students (when acting in the capacity as a student) shall be resolved under the Conduct Code provided by that student’s school or college unless the student’s school or college conduct code provides otherwise. Investigation of complaints against students who are acting in the capacity of an employee shall be conducted by the Director of Office of Equity and Inclusion (OEI) and/or the Title IX Coordinator, or his or her designee, who shall report his or her findings and recommendations to the Senior Vice President and Dean for Campus Life and the Dean of the school or college in which the student is enrolled.
Sexual Harassment Complaints Against Students
Sexual Misconduct is a form of gender discrimination prohibited by Title IX of the Education Amendments of 1972. Title IX specifically prohibits sexual harassment and sexual misconduct in the educational setting. Emory University has adopted a separate Sexual Misconduct Policy, University Policy 8.2 that applies to student-on-student allegations or allegations in which the respondent is a student. Policy 8.2 explains how to report allegations of sexual misconduct, and sets forth detailed procedures designed to provide a fair process for parties when students are involved in allegations of sexual misconduct.
Emory University is dedicated to providing equal opportunities to all individuals regardless of race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, and veteran’s status. Emory University does not discriminate in admissions, educational programs, or employment on the basis of any factor stated above or prohibited under applicable law. Students, faculty, and staff are assured of participation in University programs and in the use of facilities without such discrimination. Emory University complies with all applicable equal employment opportunity laws and regulations, and follows the principles outlined above in all aspects of employment including recruitment, hiring, promotions, transfers, discipline, terminations, wage and salary administration, benefits, and training.
In keeping with its commitment to maintaining an environment that is free of unlawful discrimination and with its legal obligations, Emory maintains a policy prohibiting unlawful harassment. Discriminatory harassment of any kind, whether it is sexual harassment or harassment on the basis of race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, veteran’s status, or any factor that is a prohibited consideration under applicable law, by any member of the faculty, staff, administration, student body, a vendor, a contractor, guest or patron on campus, is prohibited at Emory.
At the same time, Emory recognizes the centrality of academic freedom and the University’s determination to protect the full and frank discussion of ideas. (See Policy 8.14.) Thus, discriminatory harassment does not refer to the use of materials for scholarly purposes appropriate to the academic context, such as class discussions, academic conferences, or meetings. Additionally, discriminatory harassment does not refer to participation in lawful protests, public forums, or campus publications established for the purpose of freely expressing opinions or ideas in the university community.
A. Discriminatory Harassment of a Sexual Nature
Sexual harassment includes unwelcome conduct, based on sex or gender stereotypes, when;
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or student status or;
- Submission to or rejection of such conduct is used as the basis for employment or academic decisions affecting such individual or;
- Such conduct is so severe and/or pervasive it has the purpose or effect of unreasonably interfering with a person’s university employment, academic performance or participation in university programs or activities, or creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive.
Depending upon the severity and/or pervasiveness of the conduct, sexual harassment may include, for example, subjecting a person to egregious, unwelcome sexual attention, physical or verbal advances, sexual flirtations or propositions, vulgar talk or jokes, degrading graphic materials or verbal comments of a sexual nature about an individual or his or her appearance, or the display of sexually suggestive objects outside a scholarly context and purpose.
Sexual harassment includes sexual misconduct, sexual violence, sexual assault, intimate partner violence, stalking, and gender-based bullying. Prohibited sexual harassment in the working or learning environment includes an attempt to coerce an unwilling person into a sexual relationship; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances, and to make direct or implied threats that submission to sexual advances will be a condition of employment or academic opportunity. Sexual harassment may also occur in the form of unwelcome, sexually suggestive cartoons, pictures, email, text, tweets, video or other graphic materials that may contribute to a hostile working or learning environment.
The alleged harasser may be a member of the faculty, staff, administration, student body, a vendor, a contractor, a guest or patron on campus.
B. Discriminatory Harassment of a Non-Sexual Nature
Emory’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, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, veteran’s status, or any factor that is a prohibited consideration under applicable law, and that is so severe and/or pervasive it:
- Has the purpose or effect of creating an intimidating, hostile, or offensive employment, educational, or living environment; or
- Has the purpose or effect of unreasonably interfering with an individual’s work performance or a student’s academic performance.
Depending upon its severity and/or pervasiveness, the prohibited behavior may include conduct or material (physical, oral, written, graphic, electronic messages or media posted or circulated in the community) involving epithets, slurs, negative stereotyping, threatening, intimidating, or hostile acts, that serve no scholarly purpose appropriate to the academic context and gratuitously denigrates or shows hostility or aversion toward an individual or group because of race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, veteran’s status, or any factor protected by applicable law.
The alleged harasser may be a member of the faculty, staff, administration, student body, a vendor, a contractor, a guest or patron on campus.
C. Reporting to Office of Equity and Inclusion (formerly Equal Opportunity Programs or EOP)
Emory encourages anyone who has knowledge of discrimination on campus to report alleged violations of this policy. Because discriminatory harassment interferes with the University’s educational mission and may be unlawful, anyone who becomes aware of discrimination or discriminatory harassment committed by a member of the faculty, staff, administration, student body, a vendor, a contractor, guest or patron on campus, is encouraged to report the harassment to the Director of the Office of Equity and Inclusion (OEI).
Emory faculty, administrators and supervisors are required to immediately report any employment complaints they receive or incidents of discrimination or discriminatory harassment they witness, to their immediate supervisor or to the Office of Equity and Inclusion.
Office of Equity and Inclusion
201 Dowman Drive
Administration Bldg, Ste 305
Atlanta, GA 30322
(404) 727-6198(404) 712-9108 fax
Lynell A. Cadray
Associate Vice Provost
Office of Equity and Inclusion
University Title IX Coordinator
201 Dowman Drive
Administration Bldg, Ste 305
Atlanta, GA 30322
(404) 712-9108 fax
D. Prohibition Against Retaliation
Retaliation against an individual who, in good faith, complains about or participates in an investigation or a hearing relating to an allegation of discrimination or harassment is prohibited. Any individual who feels retaliated against, or has been threatened with retaliation, should report that allegation immediately to the Office of Equity and Inclusion (OEI).
E. False Accusations
Anyone who knowingly makes a false or bad faith accusation of discrimination, harassment, or retaliation will be subject to appropriate sanctions. However, failure to prove a claim of discrimination, harassment, or retaliation does not, in and of itself, constitute proof of a knowingly false accusation.
Individuals who believe that they have experienced or have information about acts of discrimination or discriminatory harassment may seek resolution through one of the methods discussed below. The University’s response to the alleged discrimination will depend upon the severity and pervasiveness of the alleged conduct, which may be determined by the existence of prior incidents of harassment or discrimination. Depending upon the severity of the offense, however, a single violation of this Policy may be sufficient to support a violation.
The University will take seriously every allegation or report of discrimination or harassment received. Emory University’s response is intended to ensure that all parties involved receive fair treatment, and that allegations are handled in a prompt, thorough and equitable manner.
A. Direct Communication with the Alleged Harasser
If the aggrieved person feels comfortable speaking directly with the alleged offending person to address concerns and obtain an appropriate resolution, he or she is encouraged to do so. While this method of resolution may be successful in solving the immediate problem, unless information is provided through the reporting channels covered in this policy, Emory may remain unaware of the issue and be unable to take any additional steps that might be necessary to address broader concerns. Individuals who choose not to address the alleged harasser directly, or who have not obtained a satisfactory resolution following such a discussion, are encouraged to utilize one of the other methods outlined below for addressing their concerns.
B. Filing an internal complaint with the Emory University Office of Equity and Inclusion
If a member of the Emory University community believes that he or she has been the victim of discrimination or discriminatory harassment or has information about discrimination/harassment in the university community, he or she may promptly report, without fear of reprisal, the facts of the incident and the name(s) of the individual(s) involved to the Office of Equity and Inclusion, located in Suite 305 of the Administration Building, or call the Office of Equity and Inclusion at (404) 727-9867. This report initiates a complaint.
Alternatively, a member of the university community may report the situation to his or her immediate supervisor, department head, or Dean, who will immediately notify OEI of the report. This report initiates a complaint. Supervisors must immediately report any complaints they receive or incidents of alleged harassment or discrimination they witness to the Office of Equity and Inclusion. However, if the complaint relates to a member of the Office of Equity and Inclusion, the complaint should be directed to the Supervisor of the Director of the Office of Equity and Inclusion, who shall appoint an appropriate investigator.
The Office of Equity and Inclusion (or an alternate investigator, where appropriate) will promptly, fairly and thoroughly investigate all timely claims of harassment and discrimination, regardless of whether such complaints are reduced to writing. All complaints of discrimination and harassment will be treated in the strictest confidence possible under the particular circumstances.
All complaints of discrimination or harassment should be filed as soon after the alleged offending conduct as possible, but in no event more than 180 calendar days after the most recent conduct alleged to constitute discrimination or harassment.
Emory will not retaliate or take any adverse action against anyone for truthfully reporting conduct that he or she believes to be in violation of this Policy, or for participating in good faith in an investigation of alleged discrimination or harassment, or for participating in any proceeding or hearing relating to such complaints.
Upon receipt of a complaint, the Director of the Office of Equity and Inclusion (or an appropriate alternate investigator) will assign an investigator who will, within forty-five (45) work days, investigate the circumstances of the allegations. However, if additional time is needed to conduct a thorough investigation, OEI may, at its discretion, extend the time for completing the investigation as reasonably necessary. In this case, OEI will notify the complainant and the respondent of the extension.
The investigation will include interviews with the complaining party, the respondent, and any material witnesses identified, as well as a review of any documents or other evidence. The complaining party and the respondent will be kept apprised of the conduct of the investigation and will be given the opportunity to provide any additional relevant information to the investigator, including the names of additional witnesses to contact and/or additional documents to review before the investigation is closed. At any time before the conclusion of the investigation, the Dean or equivalent division head of the unit of the University to which the respondent is assigned may take interim emergency action (not involving reduction of compensation) until the conclusion of the investigation.
The final written determination will state only whether, based on OEI’s investigation, there was a violation of this Policy. The complainant and respondent will be promptly notified of the final determination. The Office of Equity and Inclusion shall have no independent authority to impose sanctions.
If OEI finds that there has been a violation of this policy and if the Dean or division head seeks advice as to the appropriate penalty, OEI may provide a recommendation as to the appropriate sanction. The Dean or division head will then be responsible for deciding upon and imposing disciplinary action as soon as reasonably possible, but within no more than one month after receiving the final determination and advice of OEI. The Dean or deciding official shall notify OEI of the penalty imposed, if any.
Sanctions imposed on those individuals who have been found to be in violation of the University’s Equal Opportunity Policy or its Discriminatory Harassment Policy shall be commensurate with the severity and/or frequency of the conduct, and shall be adequate and sufficient to prevent such conduct in the future. The sanctions may include, but are not limited to, an apology to the victim; a verbal or written reprimand; a requirement to attend remedial training; appropriate workplace restrictions; denial of a merit pay increase or other benefit; denial of promotion; or reassignment, suspension or separation from the University. Staff members who receive disciplinary penalties under this policy may consult Human Resources for information about the Grievance process, which may be used to challenge alleged violations, misinterpretations, or inequitable application of policies or procedures.
D. Issues Specific to Faculty
If at any time during the investigation, a bona fide question arises out of a conflict between the principles of academic freedom and the requirements of this Policy, the respondent or Director of the Office of Equity and Inclusion may request that the Provost or his/her designee appoint a Faculty Review Panel to review the evidence and to provide advice to OEI as to whether there was a violation of Policy. If the Provost agrees that the situation involves a bona fide conflict between the principles of academic freedom and the requirements of this Policy, the Provost shall appoint a Faculty Review Panel. The convening, investigation and recommendation of the Faculty Review Panel will be concurrent with the investigation of OEI. The Faculty Review Panel will consist of a group of 5 to 7 faculty members, 3 of whom are from the respondent’s school, who will be chosen by the Provost from among a pool of eligible faculty members who are elected by University faculty. Once selected by the Provost, the Faculty Review Panel may question the respondent, the complainant, and any other witness necessary to adequately address the issue. The Faculty Review Panel may also review the OEI investigatory file and any other documentary evidence needed. The procedures shall be kept as confidential as possible so as to respect the rights of all involved parties. At the conclusion of its review, the Faculty Review Panel shall provide a recommendation to OEI as to whether it believes that there was a violation of the Discriminatory Harassment Policy. OEI shall include the recommendation of the Faculty Review Panel in submitting the final report to the Dean. The Dean shall make the final decision as to what, if any, sanctions may be appropriate under the circumstances.
Following a determination of sanctions, faculty may avail themselves of avenues of appeal as listed in the Statement of Principles Governing Faculty Relationships. Specifically, a faculty member shall be entitled to a hearing of the Faculty Hearing Committee when the sanction imposed by the Dean for violation of this Policy is the suspension, transfer, or termination of his/her employment.
E. Filing an External Complaint
An individual who believes that he or she has been subjected to unlawful discrimination, harassment, or retaliation has the right to file a complaint with an appropriate local, state, or federal agency, such as the Department of Education Office of Civil Rights (OCR) http://www2.ed.gov/about/offices/list/ocr/index.html or the Equal Employment Opportunity Commission (EEOC) http://www.eeoc.gov/, within applicable time limits. In addition, any person who is dissatisfied with Emory’s internal procedures utilized for handling complaints, or who is dissatisfied with the result of the investigation or the sanctions imposed, may seek redress through the EEOC, to the extent allowed by law. The complainant should be aware that filing a complaint with the University’s Office of Equity and Inclusion or other University resource does not extend or postpone the deadline for filing with external agencies. In the event that a complaint is filed with an external agency or court, the University reserves the right to determine, at its discretion, whether the University’s internal complaint resolution procedure should be discontinued or continued separately.
Emory’s commitment to providing members of its community with a working and learning environment that is free of discriminatory harassment includes freedom from inappropriate conduct by vendors, contractors, and third parties. If a member of the University community believes he or she has been subjected to harassing conduct by a vendor, contractor, or third party, he or she should report such conduct to the Office of Equity and Inclusion, to his or her immediate supervisor or Dean, or to a higher University official. Such complaints should be forwarded to the Office of Equity and Inclusion immediately. OEI will work with the complaining party to investigate the complaint, and the University will take prompt corrective action if inappropriate conduct is found to have occurred.
Allegation - A statement by a complainant that an act of harassment or discrimination has occurred.
Coercion - Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When a person makes clear that the person does not want sex, wants to stop, or that going past a certain point of sexual interaction is unwanted, continued pressure beyond that point can be coercive.
Complainant - The person making an allegation or complaint of discrimination.
Complaint - A formal notification, either orally or in writing, of the belief that discrimination or violation of this Policy has occurred.
Consent - Consent is clear, unambiguous, and voluntary agreement between participants to engage in specific sexual activity. Consent is active, not passive, and is given by clear actions or words. Consent may not be inferred from silence, passivity, or lack of active resistance alone. A current or previous dating or sexual relationship is not sufficient to constitute consent, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Being intoxicated does not diminish one’s responsibility to obtain consent. In some situations, an individual may be deemed incapable of consenting to sexual activity because of circumstances or the behavior of another, or due to their age. Examples of such situations include, but are not limited to, incompetence, impairment from alcohol and/or other drugs, fear, unconsciousness, intimidation, coercion, confinement, isolation, or mental or physical impairment.
Force - The use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcomes resistance or produces consent. There is no requirement that a person has to resist the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.
Incapacitation - Incapacity can result from mental disability, sleep, involuntary physical restraint, or from intentional or unintentional taking of alcohol and or other drugs. An incapacitated person does not have the ability to give knowing consent. Sexual activity with a person who one should know to be – or based on the circumstances should reasonably have known to be – mentally or physically incapacitated, constitutes a violation of this policy. The perspective of a reasonable person will be the basis for determining whether one should have known about the impact of the use of alcohol and/or drugs on another’s ability to give consent.
Intimate Partner Violence (IPV) - Physical, sexual, or psychological harm by a current or former partner or spouse. This type of violence can occur among heterosexual or same-sex couples, whether cohabitating or not, and does not require sexual intimacy. IPV can vary in frequency and severity, can occur on a continuum, and can include acts of physical violence, sexual violence, threats of physical or sexual violence, or psychological or emotional violence. Psychological or emotional violence is a broad term that results in trauma to a victim caused by acts, threats of acts, or coercive tactics, and can include acts of humiliation, intimidation, isolation, stalking, and harassment.
Non-Consensual Sexual Contact - Any intentional sexual touching by a person upon a person, that is without consent and/or by force. This includes, but is not limited to, intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch oneself or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice, with any object.
Non-Consensual Sexual Intercourse - Any sexual intercourse, however slight, by a person upon a person, that is without consent and/or by force. Intercourse includes, but is not limited to, vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.
Respondent - Refers to the person against whom the allegation or complaint of discrimination or harassment is made. Under this policy, respondents include employees and students of Emory University, vendors, contractors, guests, patrons, and other third parties participating in any Emory-sponsored event or program, whether on or off campus, and to such persons in other situations in which a person is acting as a member of the Emory community.
Sexual Exploitation - Occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to the following:
- invasion of sexual privacy;
- prostituting another person;
- non-consensual video or audio-taping of sexual activity;
- going beyond the boundaries of consent;
- observing unsuspecting individuals who are partly undressed, naked, or engaged in sexual acts;
- knowingly transmitting a sexually transmitted infection or HIV to another person;
- exposing one’s breasts, buttocks, groin, or genitals, in non-consensual circumstances; inducing another to expose their breasts, buttocks, groin, or genitals;
- sexually-based stalking and/or bullying may constitute a form of sexual exploitation, as well as a form of sexual harassment, as discussed above.
Sexual Harassment - Unwelcome conduct, based on sex or on gender stereotypes, which is so severe or pervasive that it unreasonably interferes with a person’s university employment, academic performance or participation in university programs or activities or creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive. Sexual harassment may include, for example, an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention or advances; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence or sexual assault; intimate partner violence; stalking, or gender-based bullying.
Sexual Misconduct - Sexual misconduct encompasses sexual harassment, non-consensual sexual contact (or attempts to commit same), non-consensual sexual intercourse (or attempts to commit same), and sexual exploitation. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by persons of any gender or sex, and it can occur between people of the same or different sex.
Stalking - Behavior where a person follows, places under surveillance, or contacts another person without the consent of the other person for the purpose of harassing and intimidating the other person. The term “contact” means to make or attempt to make any communication, including, but not limited to: communication in person, by telephone, by mail, by broadcast, by computer or computer network, or by any other electronic device. “Harassing and intimidating” refers to communication directed at a person that causes emotional distress because of a reasonable fear for the person’s safety or safety of others, and which serves no legitimate purpose. It does not require that an overt threat of death or bodily injury be made.
All Emergencies (any campus/location) 9-1-1
Emory Police Department 404.727.6111 or 404.727.8005
Emory Police Department TIPS line 404.727.8477/TIPS
The Respect Program, Office of Student Health (Sexual Assault/Relationship Violence Response) 404-727-1514
Faculty Staff Assistance Program
1762 Clifton Road NE, Suite 1100, Atlanta, GA 30322, 404.727.4328
Emory University Human Resources
Employee Relations Department
1599 Clifton Road, NE
Atlanta, GA 30322
Campus Life Offices 404.727.4364
Student Health 404.727.7551
Emory Trust Line 1.888.550.8850 (for non-emergencies)
DeKalb Rape Crisis Center 404.377.1428
Subject Contact Phone Clarification of Policy Office of Equity and Inclusion 404-727-9867 firstname.lastname@example.org File A Complaint Office of Equity and Inclusion 404-727-9867 email@example.com
- Version Published on: Jun 02, 2015 (Updated contact)
- Version Published on: Aug 28, 2014 (Update with office name change)
- Version Published on: Jan 16, 2014 (Rewrite of policy)
- Version Published on: Jan 18, 2012 (Contact information update)
- Version Published on: Jan 09, 2012
- Version Published on: Apr 13, 2007 (revised to include gender identity and expression)
- Version Published on: Apr 02, 2007 (Original Publication)