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.

Title IX of the Education Amendments of 1972 specifically prohibits sexual harassment, i.e. unwelcome conduct on the basis of sex that is severe, pervasive, and objectively offensive that creates a hostile environment that effectively denies a person  equal access to an educational program or activity. Title IX applies to sexual harassment that occurs in the following circumstances:

• On-Campus,
• An educational program or activity which includes any building owned or controlled by a student organization  that is officially recognized by Elon University
• Against a person who is located in the U.S.
• These instances of prohibited conduct as applied through the terms above will be addressed through the Title IX Process and Procedure section of the Title IX and Sexual Misconduct  and Gender-Based Policy.

Reports of sexual misconduct or gender-based violence allegedly perpetuated by faculty that allege behavior outside the scope of federal Title IX regulations, will follow this grievance process outlined below.

Sexual harassment, outside the scope of Title IX, is unwelcome, sexual, sex-based and/or gender-based verbal, written, online and/or physical conduct..

• Sexual harassment can take the form of quid pro quo harassment, retaliatory harassment and/or creates a hostile environment. 
• Sex/Gender-Based Harassment is defined as unwelcome conduct determined by a reasonable person to be severe or pervasive, or objectively offensive that it unreasonably interferes with an individual's performance or creates and intimidating, hostile or abusive working or learning environment.
• The determination of whether an environment is "hostile" must be based on the totality of the circumstances. These circumstances include, but are not limited to, the following:
  • The frequency of the conduct
  • The nature and severity of the conduct
  • Whether the conduct was physically threatening
  • Whether the conduct was humiliating
  • The effect of the conduct on the alleged victim's mental or emotional state
  • Whether the conduct was directed at more than one person
  • Whether the conduct arose in the context of other discriminatory conduct
  • Whether the conduct unreasonably interfered with the Complainant's educational or work performance
• Quid Pro Quo Harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another or when submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating  an individual's educational or employment progress, development, or performance. This includes when submission to such conduct would be a condition for access to receiving the benefits of any educational or employment program.

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, 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 prevent 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 that fall under Title IX  will be handled in accordance with the Title IX process and procedures under the Title IX and Sexual Misconduct and Gender-based Violence Policy. 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 and Sexual Misconduct Policy 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.