1972年《教育修正案》第九条是一部联邦法律,其中规定:No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

第九条 prohibits discrimination on the basis of sex in any federally funded education program or activity. Sexual harassment, including sexual violence 和 sexual assault, is a type of sex discrimination 和 is prohibited by 第九条 和 by UVU.

UVU is committed to responding promptly 和 effectively to reports of discrimination based on sex. 我们努力制止危害,补救后果,防止其再次发生。

歧视

 

white blossoms against a blue sky

什么是歧视?

Generally, to discriminate against someone means to treat that person differently, or less favorably, for some reason. For purposes of UVU, it means treating someone differently on the basis of their inclusion (or perceived inclusion) in one or more protected classes when:

  • that conduct adversely affects a term or condition of employment (e.g., compensation, benefits, duties, position classification, etc.), education, or participation in a UVU program, activity, or service.

  • a person’s membership in a protected class serves as the basis or motivating factor in a decision adversely affecting the terms or conditions of employment, education, or participation in a UVU program, activity, or service.

什么是骚扰?

Harassment is any unwelcome verbal, physical, written, electronic, or non-verbal conduct (whether directly, indirectly, or through a third party) based on that person’s inclusion in one or more protected classes that is sufficiently severe, persistent, or pervasive to alter the conditions of employment of an employee or to limit, interfere with, or deny educational benefits or opportunities of a student, from both a subjective 和 objective viewpoint based on a totality of the circumstances.

什么是受保护阶层?

According to 165年政策, protected classes include: "Race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, age (40 和 over), disability, veteran status, pregnancy, childbirth, or pregnancy-related conditions, genetic information, or other bases protected by applicable law."

什么是严重的、持续的或普遍的?

While UVU takes all reports seriously 和 is committed to conducting complete 和 thorough fact-finding to reported incidents, courts have indicated that the severe, persistent, or pervasive st和ard is intended to prevent these laws from becoming a “general civility code” by filtering out complaints focused on the ordinary tribulations of the workplace. These ordinary tribulations may include things such as simple teasing, offh和 comments, abusive language, genuine but innocuous differences between genders, or isolated incidents 和 are generally considered insufficient to constitute actionable discrimination or harassment, unless it is severe, persistent, or pervasive.

While not all unprofessional or uncivil workplace conduct may rise to the level of unlawful discrimination or harassment, for those cases that do not meet this threshold, they may be h和led under other appropriate UVU policies such as 371年政策 -性能管理, 541年政策 -学生行为, 政策635 - Faculty  Rights 和  Professional Responsibilities because UVU strives to provide 和 maintain a workplace 和 learning environment free from unprofessional 和 uncivil conduct 和 expects everyone to demonstrate respect 和 fairness to others.

什么是敌对环境?

Hostile environment is a form of harassment 和 becomes unlawful when the conduct is severe, persistent, or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

什么是报复?

Retaliation is an action, performed directly by an individual or through others, that is aimed to dissuade a reasonable person from engaging in a protected activity or is done in retribution for engaging in a protected activity.

对受保护活动的回应不属于报复性行为,除非:

  • it has a materially adverse effect on the working, academic, or other university-related environment of an individual 

       

  • 如果没有(但有)受保护的活动,就不会发生这种情况。

Some examples might include filing a report of protected-class discrimination or sexual harassment in good faith, assisting others in making such a report, or honestly participating as an investigator, witness, decision maker, or otherwise assisting in an investigation or proceeding related to discrimination or harassment.

我什么时候报告事故?

Should you experience, witness, or receive a report of alleged or actual discrimination, harassment, or retaliation, we encourage you to 报告事故. Even if you doubt or are unsure if you should report an incident, we encourage you to do so. This will trigger the fact-finding process that follows specific principles 和 rules to ensure everyone involved is treated fairly 和 incidents are resolved in the most appropriate manner possible.

UVU政策

政策162:第九条性骚扰

UVU’s 第九条 Sexual Harassment policy applies to students, staff, faculty, 和 visitors. Sexual harassment is prohibited verbal or nonverbal conduct on the basis of sex (including sex, pregnancy, pregnancy-related conditions, sexual orientation, gender identity, or gender expression).

Under 第九条, the following types of conduct constitute sexual harassment 和 are prohibited:

  • Any instance in which an employee of UVU conditions the provision of an aid, benefit, or service of UVU on an individual's participation in unwelcome sexual conduct.
  • Any unwelcome conduct that a reasonable person would determine to be so severe, pervasive, 和 objectively offensive that it effectively denies a person equal access to a UVU education program or activity.
  • Any instance of sexual assault, dating violence, domestic violence, or stalking as defined  by law or UVU policy.

Retaliation is also prohibited under Policy 162, which includes actions such as intimidation, threats, coercion, or others aimed at dissuading a reasonable person from engaging in actions protected under the policy or as retribution for having done so. Some of the more common protected actions may include:

  • 真诚地做报告。
  • 在调查、诉讼或听证中作证的
  • 调查的指导或协助调查、诉讼或听证的
  • 不参加的参加或拒绝参加调查、诉讼或听证的

政策165:歧视、骚扰和平权行动

UVU is committed to maintaining a respectful 和 safe environment for its students, faculty, staff 和 visitors. UVU 165年政策 defines 和 prohibits all forms of unlawful discrimination, harassment 和 retaliation based on any protected class including race, color, religion, national origin, sex/gender, sexual orientation, age, disability, veteran/military status, pregnancy-related condition, genetic information, or any other class protected by law.

这项承诺包括:

  • Endeavoring to provide equal opportunity consistent with applicable law in all recruitment, admissions, 和 employment-related activities, procedures, 和 decisions.
  • Ensuring that our practices 和 decisions should be instituted 和 administered in a fair 和 equitable manner, without prohibited discrimination, harassment, or retaliation.
  • Providing reasonable accommodations to ensure equal access to qualified UVU job applicants, employees, or students, unless doing so would create an undue hardship on UVU 和/or compromise legitimate academic or technical st和ards, course objectives, or educational goals.
  • Responding promptly 和 effectively to reports of protected-class discrimination, harassment, 和 retaliation as well as taking appropriate action to stop 和 prevent it’s recurrence.
Retaliation is also prohibited under 165年政策, which includes actions such as intimidation, threats, coercion, or others aimed at dissuading a reasonable person from engaging in protected actions under the policy or as retribution for having done so.


有关法律

克莱利法案

克莱利法案是一项联邦法律,要求大学:

  • Report crimes that occur on campus 和 list school safety policies each year in an 年度保安报告.
  • 发现校园公共安全隐患时,及时发布预警。
  • Have a 校园性侵受害者权利法案, which requires colleges to disclose educational programs, campus disciplinary processes, 和 victim rights regarding sexual violence complaints.

《反妇女暴力法》

VAWA, or the 反妇女暴力法, creates 和 supports comprehensive, cost-effective responses to domestic violence, sexual assault, dating violence 和 stalking.

 

性暴力消除法案(SaVe)

《克莱利法案》在2013年被《校园拯救法案》扩大。 The Campus SaVE Act requires universities to provide “primary prevention 和 awareness programs” for new students 和 employees, as well as provide ongoing prevention 和 awareness campaigns.