Frequently Asked Questions

The following are frequently asked questions with answers.

Do I report incidents of bias, such as micro-aggressions?  

Bias and microaggressions fall under the Equal Opportunity, Nondiscrimination, Anti-Harassment, and Non-Retaliation Policy (“EO Policy”) when they constitute discrimination or harassment.  Discrimination requires adverse treatment of an individual based on a protected status. Harassment requires that the unwelcome conduct adversely impact a person’s work or educational access, such as by unreasonably interfering with, limiting, or depriving an individual from participating in or benefiting from the university’s educational, employment, co-curricular, and/or campus-residential experience.

GW Community Members who become aware of a situation that reasonably may constitute discrimination or harassment are responsible for promptly reporting the matter via the centralized Discrimination, Harassment, and Bias Report Form (“Report Form”). You do not have to know for sure whether the conduct would violate the EO Policy before reporting it. OAO will review the report and determine appropriate next steps based on the definitions in the EO Policy. When in doubt, report the information using the Report Form. 

What is the difference between bias and discrimination/harassment? 

Bias refers to internal beliefs or feelings toward a particular person or group. Discrimination, on the other hand, is conduct or action that treats people differently and adversely because of their membership in a protected group. Harassment is a form of discrimination and involves unwelcome conduct directed to an individual or individuals because of their membership in a protected group that creates a hostile environment when viewed objectively and subjectively, because it is severe or pervasive or otherwise interferes with, limits, or deprives an individual from participating in or benefiting from the university’s educational, employment, co-curricular, and/or campus-residential experience. Not all aspects of bias violate university policy, but bias that results in discrimination or harassment, including a hostile environment, would violate the EO Policy. 

Are there some forms of bias that do not create a hostile environment?  

Yes. Bias refers to internal beliefs or feelings toward a particular person or group. Specifically, bias is an inclination or predisposition for, or against, something such as a way of thinking, feeling, or an attitude toward, a person or group based on preconceived notions, beliefs, attitudes, or stereotypes. Bias can manifest itself in ways that are bothersome or annoying, but do not result in a hostile environment. This is because a hostile environment is determined based on the totality of circumstances when viewed through both a subjective and objective standard. This means that it’s not enough for a person to subjectively believe that certain conduct violates the EO Policy. That belief must also be objectively reasonable to constitute discriminatory harassment. In addition, 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. 

What is the intersection of academic freedom and discrimination, harassment, and related retaliation?  

Nothing in the EO Policy limits freedom of expression or academic freedom, guaranteed by the Statement on Student Rights and Responsibilities and the Faculty Code.  The university highly values freedom of expression and academic freedom. However, the university must respond to acts of discrimination, including a hostile environment, whether or not speech is protected. Where academic freedom is at issue, although the university may be constrained in the manner in which it responds to a hostile environment – e.g., by not curtailing the speech or disciplining the speaker -- the university must still take steps to address a hostile environment. For example, the university can engage in counter-speech, provide support for impacted students, and ensure that a hostile environment does not interfere with, limit, or deprive an individual from participating in or benefiting from the university’s educational, employment, co-curricular, and/or campus-residential experience. 

What happens immediately after I initiate a report/concern/complaint? 

OAO first conducts an initial assessment of each complaint of discrimination, harassment, or related retaliation. Every report is reviewed and assessed to determine whether the reported information on face value could be a violation of the EO Policy. OAO also conducts outreach to the impacted party to learn of their desires for next steps, if that information is not provided in the Report Form. There may be circumstances in which the university moves forward with an investigation regardless of the participation of the impacted party as the university has an obligation to stop known cases of discrimination on the basis of protected characteristics and related retaliation, prevents its recurrence, and remedy its effects.

If the outcome of the initial assessment results in a determination that the complaint falls under the EO Policy, it will be referred for an informal or investigative process.

If the report does not suggest potential unlawful discrimination or discriminatory harassment, the report will not move forward, and the case will be closed within OAO. If there are other potential university policy violations, the case may be referred to another applicable unit.

What is the typical timeline for an investigation?

The timeline for an investigation varies depending on the nature of the complaint and scope of investigation. OAO aims to have investigations completed in a timely manner. The applicable procedures do not provide a required timeline. 

Can I initiate a report of harassment or discrimination occurring online, on social media, or outside of work/school hours? 

Yes. Unlawful discrimination under the EO Policy is adverse treatment of an individual based on a protected characteristic, rather than individual merit. Discriminatory harassment is any unwelcome conduct based on a protected characteristic where such conduct creates a hostile environment or where enduring such conduct becomes a condition of: continued employment; continued access to an educational program or activity; or an academic or employment decision about an employee or student. Discriminatory and harassing conduct can occur online, on social media or outside of work/school hours. 

What is the difference between harassment and general unprofessionalism or rudeness?

Discriminatory harassment under the EO Policy requires that the unwelcome conducted be “based on” a protected characteristic. It also requires that the conduct interferes with, limits, or deprives an individual from participating in or benefiting from the university’s educational, employment, co-curricular, and/or campus-residential experience. Unprofessionalism and rudeness may not be based on a protected characteristic and it may not have the same impact that is required for discriminatory harassment.

Is hate speech considered harassment under the EO Policy?

Hate speech could be a violation of the EO Policy if it meets the definition of “discriminatory harassment” and/or “hostile environment” under the EO Policy, considering the totality of circumstances when viewed through both a subjective and objective standard. However, it is also possible that hate speech does not violate the EO Policy (for example, if it does not interfere with, limit, or deprive an individual from participating in or benefiting from the university’s educational, employment, co-curricular, and/or campus-residential experience).  In addition, much of what is considered “hate speech” is protected under the First Amendment and does not violate the law.  

Does conduct have to be intentional to be considered discriminatory or harassing?

No. A determination of discriminatory harassment considers the impact of the conduct, not intent to discriminate. For unlawful discrimination, intent is often, but not always, an element. 

Why is there a duty to report known cases of discrimination and harassment?

Reporting allows the institution to offer timely support, promptly address incidents, prevent their recurrence and remedy their effects, and conduct/remediate incident-specific and hostile environment assessments. GW has a legal obligation to respond appropriately when it knows or should know of discrimination, harassment, or related retaliation. The duty to report under the EO Policy allows GW to meet its legal obligations and is grounded in GW’s Code of Ethical Conduct. You are likely aware that the Title IX Policy identifies certain individuals as “designated reporters,” sometimes also referred to as “mandatory reporters.”  The “designated reporter” language in the Title IX Policy derives from Title IX regulations and guidance.  We use different terminology – duty to report – in the EO Policy, but the legal obligation is the same for those who are required to report. When an employee of the university has knowledge of conduct that reasonably may constitute discrimination, harassment, or retaliation, that information must be reported through the centralized reporting form so that the university can respond appropriately.

Outreach by OAO as a result of receiving a report allows us to share important policy and process information, resources, and provide a direct contact to ask questions and discuss options. OAO outreach values complainant autonomy while ensuring they have all the information needed and support to make decisions around next steps. Impacted parties can elect to not respond to OAO outreach which will be interpreted as their desire for no further action.  

What are proactive steps a GW employee can take to facilitate a safe environment for the discussion of difficult topics?

Preparing individuals for discussion on difficult topics is key. This can be done verbally at the start of a discussion or in advance when sharing read-ahead materials or agendas. Flagging the difficult topic can also serve as an opportunity to clarify the purpose. If discussion based, consider establishing clear ground rules and respect potential reluctance for participation. Additionally, identify ways that individuals can take care of themselves both in the moment, such as taking a break, or proactively/retroactively, such as sharing supportive resources or being willing to debrief one-on-one.

How is complaint data protected by the university?

All complaints of discrimination, harassment, and related retaliation are maintained in a system which provides data security through data encryption at rest and in transit, secure hosting facilities, adherence to security and confidentiality agreements, and authentication for access. As the data owner, the university complies with privacy laws and regulations and follows best practices concerning data privacy and protection. As established in the Privacy of Personal Information Policy, the university will maintain the confidentiality and security of the personal information held, used, and processed in the course of operations to include taking reasonable steps to protect against unauthorized or unlawful access.