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。
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:
或
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.
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."
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, 和 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.
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.
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:
和
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.
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.
Under 第九条, the following types of conduct constitute sexual harassment 和 are prohibited:
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:
这项承诺包括:
克莱利法案是一项联邦法律,要求大学:
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.