Nondiscrimination and Anti-Harassment Policy

The University of Arizona is committed to creating and maintaining an environment free of discrimination. In support of this commitment, the University prohibits discrimination, including harassment and retaliation, based on a protected classification, including race, color, religion, sex (including pregnancy), national origin, age, disability, veteran status, sexual orientation, gender identity, or genetic information. The University encourages anyone who believes they have been the subject of discrimination to report the matter immediately as described in the section below, “Reporting Discrimination, Harassment, or Retaliation.” All members of the University community are responsible for participating in creating a campus environment free from all forms of prohibited discrimination and for cooperating with University officials who investigate allegations of policy violations.

University Obligations

The University will take prompt and appropriate action to (a) thoroughly investigate complaints of discrimination described in this Policy; and (b) prevent, correct and, if necessary, discipline individuals who engage in behavior that violates this Policy.

Applicability and Enforcement of Policy

This Policy applies to:

• All University employees in all aspects of their employment relationship with the University;
• All University students in all aspects of their participation in the University’s educational programs and activities;
• All University applicants, whether for employment or for admission to educational or University-sponsored programs, activities, or facilities;
• All persons or groups participating in or accessing University-sponsored programs, activities, or facilities; and
• All vendors or contractors in all aspects of their relationship with the University.

Enforcement of this Policy is subject to constitutional protections related to freedom of speech, association, and the press.

Prohibited Discrimination, Including Harassment and Retaliation

Discrimination

"Discrimination" occurs when an individual, or group of individuals, is treated adversely because they belong to a classification of individuals that is protected from discrimination by a federal or state statute or University policy as set forth above. The failure to provide reasonable accommodations required by law or University policy based on disability or religious practice may constitute discrimination.

Harassment

"Harassment" is a specific form of discrimination. It is unwelcome behavior, based on a protected classification, that a reasonable person would perceive to be sufficiently severe or pervasive to create an intimidating, hostile, or offensive environment for academic pursuits, employment, or participation in University-sponsored activities.

Harassing conduct may take many forms, including verbal acts and name calling, as well as nonverbal behavior, such as graphic, electronic, and written statements, or conduct that is physically offensive, harmful, or threatening.  

Title IX Sex-based Harassment

“Title IX Sex-based Harassment” is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, occurring within the United States and within a University-sponsored program or activity, that constitutes one or more of the following:

1. Quid Pro Quo Harassment. An employee, agent, or other person authorized by the University to provide an aid, benefit, or service under the University’s educational program or activity explicitly or impliedly conditions the provision of such on participation in unwelcome sexual conduct.
2. Hostile Environment Harassment. Unwelcome sex-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 the University’s education program or activity (i.e., creates a hostile environment), even when some of the conduct contributing to the hostile environment occurred outside of a program or activity, or the United States.
3. Specific Criminal Offenses. Sexual assault (as defined by the Clery Act¹), dating violence, domestic violence, and stalking (as defined by the Violence Against Women Act²) as prohibited by law and the University.

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¹ See 20 U.S.C. 1092(f)(6)(A)(v))

² See 34 U.S.C. §12291(11), (12), and (36)

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Retaliation

"Retaliation" occurs when an adverse action is taken against an individual for engaging in protected activity. Protected activity consists of (a) opposing conduct reasonably believed to constitute discrimination, including harassment, which violates a nondiscrimination statute or which University policy prohibits; (b) filing a complaint about such practice; or (c) testifying, assisting, or participating in any manner in an investigation or other proceeding related to a discrimination complaint. Adverse actions that are reasonably likely to deter a complaining individual or others from engaging in protected activity are prohibited.

Responsibilities to Prevent and Report Discrimination, Harassment, and Retaliation

Employees or agents of the University who (a) supervise other employees, graduate or undergraduate students, contractors, or agents; (b) teach or advise students or groups; or (c) have management authority related to a University-sponsored program or activity are required to:

• Engage in appropriate measures to prevent violations of this Policy; and
• Upon receiving a report or having a reasonable basis to suspect that potential discrimination, harassment, or retaliation has occurred or is occurring, promptly notify and provide all available information and documentation to the Office of Institutional Equity 

Reporting Discrimination, Harassment, or Retaliation 

An individual who believes that they have been subjected to discrimination, harassment, or retaliation in violation of this Policy should report the matter immediately as set forth below to obtain information about resolving concerns, including complaint-filing options and procedures, and to enable the University to take prompt remedial action.

Office of Institutional Equity/Title IX Coordinator

University Services Building, Room 203

P.O. Box 21058

Tucson, AZ 85721-0158

(520) 621-9449

titleix@arizona.edu

If the alleged policy violator is employed by the Office of Institutional Equity, then the individual who has been the subject of discrimination, harassment, or retaliation in violation of this Policy may contact the Human Resources.

Good Faith Allegations

Because of the nature of discrimination, harassment, or retaliation complaints, allegations often cannot be substantiated by direct evidence other than the complaining individual’s own statement. Lack of corroborating evidence should not discourage individuals from seeking relief under this Policy. No adverse action will be taken against an individual who makes a good faith allegation of discrimination, harassment, or retaliation under this Policy, even if an investigation fails to substantiate the allegation. However, individuals who make dishonest statements or make statements with willful disregard for the truth during an investigation or enforcement procedure under this Policy may be subject to disciplinary action in accordance with existing University policies.

Anonymous Inquiries and Complaints

Members of the University community may contact the Office of Institutional Equity at any time to ask questions about discrimination, harassment, retaliation, or complaint-filing procedures and may provide information without disclosing their names. This provision does not relieve managers, supervisors, instructors, or advisors of their responsibility to promptly report under this Policy.

Reporting Complaints to Outside Agencies

University employees and students have the right to file discrimination, harassment, and/or retaliation complaints with outside agencies as well as with the University’s Office of Institutional Equity. If an individual files a complaint with an external agency, the filing will not affect the University’s investigation concerning the same or similar events.

Consequences of Policy Violations

Members of the University community who violate this Policy will be subject to corrective action that could include reprimand, demotion, denial of promotion, termination from employment or from educational programs, or other appropriate administrative action.

Affiliated Entities

University employees or students who work or study at a worksite or program of an institution with which the University has entered into an Affiliation Agreement (Affiliate) are subject to this Policy while at such worksite or participating in such program. Similarly, Affiliates are obligated under agreements with the University to comply with all applicable state and federal statutes and regulations regarding equal employment opportunity and nondiscrimination. If a University employee or student believes that they have been subjected to discrimination, harassment, or retaliation while working at or participating in a program of an Affiliate in violation of this Policy, they should contact the Office of Institutional Equity in accordance with the reporting provisions of this Policy.

Confidentiality

Employees of the Office of Institutional Equity, employees of the Dean of Students Office, and all responsible administrators who receive reports of discrimination, harassment, or retaliation shall maintain the confidentiality of the information they receive, except where disclosure is required by law or is necessary to facilitate legitimate University processes, including the investigation and resolution of discrimination, harassment, or retaliation allegations.