Policies

A34F

The University seeks to provide an educational community and workplace free of prohibited discrimination and harassment. To that end, it has adopted the following nondiscrimination statement: “Elon University does not discriminate on the basis of age, race, color, creed, sex, national or ethnic origin, disability, sexual orientation, gender identity, or veteran’s status (collectively, “protected categories”) in the recruitment and admission of students, the recruitment and employment of faculty and staff, or the operation of any of its programs.” Consistent with our nondiscrimination statement, the University does not tolerate the discrimination or harassment of any student, University employee or other individuals associated with the University including, but not limited to, vendors, contractors, and guests on the basis of membership in any of these protected categories.

A24A

Discrimination. Prohibited discrimination occurs when an individual suffers an adverse employment, academic, or other decision based on protected categories.

Harassment is defined as conduct (including verbal, written, visual, or physical conduct) that denigrates or shows hostility against an individual based on his or her membership in one or more protected categories when such conduct has the purpose or effect of:

• unreasonably interfering with his or her work or academic performance, or
• creating an intimidating, hostile, humiliating, or offensive working, living or learning environment.

Sexual harassment is a particular type of harassment and is a form of prohibited sex discrimination. Sexual harassment includes sexual violence. Sexual harassment generally may be described to include unwelcome sexual advances, requests for sexual favors, or other physical and expressive behavior of a sexual nature when:

• submission to or rejection of such conduct is made either explicitly or implicitly a term of or a condition of education, employment, or participating in University activities;
• submission to or rejection of such conduct by an individual is or could be used as the basis for evaluation in making academic or personnel decisions affecting that individual; or
• such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive working, living, or learning environment.

Examples of sexual harassment vary with the circumstances. Examples of sexual harassment may include, but are not limited to, slurs, threats, derogatory or suggestive comments, unwelcome jokes, and displays of sexually-oriented literature or pictures, unwelcome teasing or sexual advances, and other similar verbal or physical conduct, including phone calls, e-mail, or other online communications. Sexual violence includes acts such as rape, acquaintance rape, and other forms of non-consensual sexual activity.

A23M

Any member of the University may file a complaint of discrimination or harassment. The University has a duty to investigate all alleged incidents of prohibited harassment or discrimination in violation of its policy and reserves the right to act as complainant if the University becomes aware of alleged violations of this policy. Because some actions reported under this policy may also involve potential criminal conduct (sexual violence is considered sexual harassment under Title IX , the University, consistent with applicable law, will determine whether appropriate law enforcement or other authorities ought to be notified. The University will follow its processes for the investigation and redressing of such allegations even when law enforcement authorities are involved. Regardless of pending criminal investigation, the University is obligated to investigate claims and take corrective action to ensure a working and learning environment that is free from discrimination or harassment. All members of the Elon community are expected to cooperate in the resolution or investigation of complaints of harassment and discrimination.

A34R

A complaint of discrimination or harassment should be submitted pursuant to this policy as soon after the offending conduct as possible in order to allow for an effective investigation, appropriate resolution to the complaint, and prevention of recurrence. Complaints received more than one year after the occurrence may be difficult to investigate due to such factors as passage of time, availability of witnesses and relevant information, and opportunity to take remedial action (such as when the student or employee are no longer at the University).

A35E

All people involved in the grievance process related to claims of discrimination or harassment are expected to maintain confidentiality regarding information related to the claims to the extent that such confidentiality does not contradict or undermine the University’s responsibility to respond effectively to the complaint or to comply with the law. An individual’s requests regarding the confidentiality of reports of discrimination or harassment will be considered in determining an appropriate response; however, such requests will be considered in the dual contexts of the University’s legal obligation to ensure a working and learning environment that is free from discrimination or harassment and the due process rights of the accused to be informed of the allegations and their source. Some level of disclosure may be necessary to ensure a prompt, thorough, and impartial investigation.

A32U

The University does not allow the filing of false, frivolous, or malicious complaints under this policy. Those bringing such complaints are subject to discipline, up to and including dismissal.

A28T

The University provides educational and training programs and victim resources  to prevent harassment and discrimination. The University may, after becoming aware of an alleged violation of this policy, take appropriate action to ensure safety and non-retaliation. Such interim actions may include placing the accused on administrative leave, reassignment, or authorizing other types of temporary measures while an investigation is pending, including but not limited to “no contact” instructions.

Should it be determined that a violation of the University policy on discrimination or harassment has occurred, appropriate action will be taken and will reflect the severity of the incident and any past discrimination or harassment offenses. Possible actions will include, but are not limited to, written warning placed in the personnel file, reassignment of duties, suspension without pay, demotion, removal from a portion of assigned duties, appropriate professional training, and dismissal. The resolution of all claims, whether via the informal or formal procedures outlined below, must fulfill the University’s responsibilities to 1) prevent future discrimination and harassment, 2) prevent the creation of a hostile environment, and 3) ameliorate any negative effects of the discrimination or harassment in question. Determinations of responsibility or non-responsibility for harassment or discrimination will be made using the preponderance of evidence standard. Claims of sexual harassment and discrimination will be handled in accordance with Title IX, and claims of discrimination regarding disability, including failure to provide appropriate accommodations approved through published procedures, will be handled in accordance with Section 504 of the Rehabilitation Act and the Americans with Disabilities Acts. For additional information refer to Title IX policies and procedures and disabilities services policies and procedures .

A33Q

The University prohibits retaliation against a member of the Elon community because he or she (a) made a complaint of discrimination or harassment in good faith, (b) assisted someone with a complaint of discrimination or harassment, or (c) participated in any manner in an investigation or resolution of a complaint of discrimination or harassment. Examples of such prohibited retaliation include such actions as threats, intimidation, reprisals, adverse employment actions, or adverse educational actions due to participation under this policy. Retaliation is a violation of this policy and should be reported under this policy. The University will take corrective action, including disciplinary action up to termination for retaliation prohibited by this policy.

A35Q

Any member of the University community who believes that he or she has been the victim of discrimination or harassment, particularly sexual harassment, is encouraged to seek information and support from members of the institution who can legally provide confidentiality due to their training and position, such as members of the Counseling Center, medical providers, clergy on the religious and spiritual life staff, or the coordinator for student development – violence prevention. Because of the confidentiality afforded these resources, those who believe they are victims of violations of this policy should be aware these resource people cannot report the alleged harassment or discrimination to the University. To ensure a report to the University, members of the University community should follow the procedures listed below.