1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals;

3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment;

4. Such conduct has the purpose or effect of interfering with a student’s academic performance, creating an intimidating, hostile, offensive or otherwise adverse learning environment, or adversely affecting any student’s access to campus programs, services and benefits.

1. The policy and procedures shall be enforced in a manner consistent with due process protections, including the right of any individual charged with a violation to notice and a hearing.

2. Confidentiality shall be of primary importance insofar as may be consistent with due process.

3. Informal resolution shall be the established practice for minor conflicts and disputes. Major disputes and recurring minor incidents of intentionally discriminatory behavior should be addressed through formal resolution.

4. Records shall be maintained which are adequate for statistical and policy review. Record keeping must not be inconsistent with, and must not take priority over, confidentiality and a preference for informal dispute resolution.

5. Any member of the campus community may use the procedures except as other-wise provided for under an agreement between a collective bargaining unit and the university. Faculty, staff and administrative employees should refer to the appropriate collective bargaining agreement for filing complaints of harassment or Executive Order 419, and should contact any of these offices for assistance: Affirmative Action, Academic Affairs, or Human Resources.

6. Students and employees who knowingly file fraudulent complaints under this policy and implementing procedures are subject to disciplinary action.

7. Students and employees will not be subject to retaliation for filing legitimate complaints.