Key Terms

The following are definitions of key terms related to discrimination, harassment, and related retaliation complaints. The terms are in alphabetical order.

Complainant: A Complainant is an impacted party that desires to make a complaint of discrimination, harassment, and/or related retaliation. Please see the below definition of an Impacted Party.

Discrimination: Unlawful discrimination is adverse treatment of an individual based on a protected characteristic, rather than individual merit. Examples of conduct that can constitute unlawful discrimination if based on an individual’s protected characteristic include but are not limited to:

Singling out or targeting an individual for different or less favorable treatment (e.g., more severe discipline, denial of promotion) because of their protected characteristic.
Failing or refusing to hire an individual because of their protected characteristic.
Failing or refusing to allow an individual to participate in an activity, program, or organization based on their protected characteristic (e.g., student/faculty/staff organizations, university groups or associations, university committees, etc.).
Terminating an individual from employment or an educational program based on their protected characteristic.

Harassment: 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.

May be blatant and intentional and involve an overt action, a threat or reprisal, or may be subtle and indirect, with a coercive aspect that is unstated.
Does not have to include intent to harm or be directed at a specific target.
May be committed by anyone, regardless of gender, age, position, or authority.
May occur in any context, although the context often involves a power differential between two persons, which may be due to differences in social, educational, or employment relationships.
May occur in the classroom, in the workplace, in residential settings, or in any other context or setting connected to the university or related activities.
May be committed by or against an individual, organization, or group.
May occur in digital environments including but not limited to social media, websites, educational platforms, and electronic mail.
May be a one-time event or may be part of a pattern of behavior.
May be committed in the presence of others or when the parties are alone.
May affect not only the person to whom it is directed but also third parties who witness or observe harassment.

Hostile Environment: A hostile environment exists when conduct unreasonably 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. A hostile environment is determined based on the totality of circumstances when viewed through both a subjective and objective standard. This means that an aggrieved party’s subjective perception that certain conduct violates this policy must be objectively reasonable to constitute discriminatory harassment. 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.

The university will make a determination whether a hostile environment exists based on the totality of circumstances. The totality of circumstances may include consideration of conduct that the university has notice of, that occurs within the context of the university’s programs, activities, or employment practices, and conduct that occurs outside and is unrelated to the university’s programs but may be contributing to a hostile environment within the university.

Impacted Party: An Impacted Party is the individual that allegedly (a) received adverse treatment based on protected characteristic(s), rather than individual merit or (b) the recipient of unwelcome conduct based on protected characteristics where such conduct created a hostile environment, or (c) where enduring such conduct becomes a condition of: continued employment; continued access to an educational program or activity; or an academic or employment decision.

Investigator: An Investigator is a neutral fact finder training in conducting investigations related to discrimination or harassment. For the investigative process, an investigator will be assigned to the complaint. Complainants and respondents may request a change in investigator upon a demonstrated showing that the investigator has an unmanageable conflict of interest or is biased. The investigator may be an independent third party. For the informal process, a neutral party will be assigned which may be an investigator.

Protected Characteristics: Are those personal traits, characteristics, and beliefs that are defined by applicable law as protected from unlawful discrimination or harassment. They include age, color, disability, gender, gender identity or expression, genetic information, marital or familial status, national origin (including shared ancestry and ethnic characteristics), pregnancy, race, religion, sex, sexual orientation, veteran status, and other characteristics protected by applicable law.

Respondent: A Respondent is the involved party that allegedly engaged in behavior that would violate the university's Equal Opportunity, Nondiscrimination, Anti-Harassment, and Non-Retaliation Policy.

Retaliation: Retaliation is materially adverse action, such as disciplinary action, violence, threats, or intimidation, intended to punish or discourage an individual or group of individuals from engaging in protected activity. Retaliation against a person who reports an allegation of discrimination or harassment or who provides information or participates in a complaint process related to this policy is prohibited by law. Allegations of retaliation will be investigated and may result in disciplinary action, up to and including suspension or expulsion (students/student organizations) or termination (employees). Protected activity includes making a good-faith report under this policy; filing an external complaint for issues arising under this policy; participating in proceedings related to this policy; or opposing in a reasonable manner and consistent with university policy an action reasonably believed to constitute a violation of this policy. More information can be found in the university’s Non-Retaliation Policy.

Witness: An individual with relevant information about an incident.