Reference: 1.2 Grievance Procedure - Equal Opportunity/Affirmative Action
Illinois State University fosters a campus environment that recognizes individual and cultural differences and is strongly committed to the ethical and legal principle that each member of the University community enjoys the constitutional right to free speech. The right of free expression and the open exchange of ideas stimulates debate, promotes creativity, and is essential to a rich learning environment.
As members of the University community, students, faculty, administrators, and staff have a responsibility to respect others and show tolerance for opinions that differ from their own. The value of free expression, however, may be undermined by certain acts of harassment and discrimination that may result in the deterioration of a quality learning, work, or campus community environment and therefore will not be tolerated.
Any act of harassment and/or discrimination based on race, color, ancestry, national origin, religion, sex (including sexual harassment), sexual orientation, order of protection, gender identity and expression, age, marital status, disability, genetic information, unfavorable military discharge, or status as a veteran is a violation of this policy and the law and will not be tolerated.
Retaliation against any person making an allegation of harassment, discrimination, or exercising his or her legal right to have the allegation investigated is also prohibited. Allegations of retaliation initiated by an individual participating in the complaint investigation process will be investigated as a separate and distinct violation of this policy.
Please note nothing in this policy prohibits an instructor, in the context of conducting his/her professional responsibility, from engaging in the appropriate admonition or correction of a student in the interest of maintaining order, upholding standards, stimulating thought or promoting competence. Except as otherwise prohibited by law, such action is, by definition, not a violation of this policy. Likewise, nothing in this policy precludes the University’s inherent authority to plan, direct, and evaluate the activities of University personnel in accordance with sound management principles and directives, including communicating to, training of, and disciplining employees.
A violation of the Anti-Harassment and Non-Discrimination Policy can result in disciplinary action up to and including expulsion for students and termination of employment for employees.
Complaint procedures for alleged violations can be found at: http://policy.illinoisstate.edu/conduct/1-1-2.shtml
Illinois State University is committed to ensuring that its learning, working, and living environments are free from all forms of harassment and discrimination. To this end, the University will not tolerate retaliation against students, employees, or faculty members who exercise their rights by filing a complaint with or participate in a protected investigation.
No Illinois State University student, employee, or faculty member shall be excluded from participating in or denied the benefits of any University program or activity on the basis of their race, color, ancestry, or national origin. Illinois State University will not tolerate harassing behavior related to one’s race, color, ancestry, and national origin that is sufficiently severe or pervasive such that it interferes with an individual’s participation in a University program or activity or unreasonably interferes with an individual’s work or academic performance by creating an intimidating, hostile, or offensive work or learning environment. Whether the harassing conduct is considered severe or pervasive depends upon the context, nature, scope, frequency, duration, and location(s) in which the behavior occurred, as well as, the identity, number, and relationships of the persons involved.
No Illinois State University student, employee, or faculty member shall be excluded from participating in or denied the benefits of any University program or activity on the basis of religion. Persons who do not have sincerely held religious beliefs are also protected from religious discrimination. Illinois State University will not tolerate harassing behavior related to religion that is sufficiently severe or pervasive such that it interferes with an individual’s participation in a University program or activity or unreasonably interferes with an individual’s work or academic performance by creating an intimidating, hostile, or offensive work or learning environment. Whether the harassing conduct is considered severe or pervasive depends upon the context, nature, scope, frequency, duration, and location(s) in which the behavior occurred, as well as, the identity, number, and relationships of the persons involved.
No Illinois State University student, employee, or faculty member shall be excluded from participating in or denied the benefits of any University program or activity on the basis of their sex. Illinois State University will not tolerate harassing behavior related to one’s sex that is sufficiently severe or pervasive such that it interferes with an individual’s participation in a University program or activity or unreasonably interferes with an individual’s work or academic performance by creating an intimidating, hostile, or offensive work or learning environment. Whether the harassing conduct is considered severe or pervasive depends upon the context, nature, scope, frequency, duration, and location(s) in which the behavior occurred, as well as, the identity, number, and relationships of the persons involved.
No Illinois State University student, employee, or faculty member shall be excluded from participating in or denied the benefits of any University program or activity on the basis of pregnancy and childbirth. Illinois State University will not tolerate harassing behavior related to pregnancy and childbirth that is sufficiently severe or pervasive such that it interferes with an individual’s participation in a University program or activity or unreasonably interferes with an individual’s work or academic performance by creating an intimidating, hostile, or offensive work or learning environment. Whether the harassing conduct is considered severe or pervasive depends upon the context, nature, scope, frequency, duration, and location(s) in which the behavior occurred, as well as, the identity, number, and relationships of the persons involved.
As defined by law, the term “sexual harassment” refers to uninvited and unwelcome physical, verbal, or non-verbal behavior of a sexual nature that is sufficiently severe or pervasive such that it interferes with an individual’s participation in a University program or activity or unreasonably interferes with an individual’s work or academic performance by creating an intimidating, hostile, or offensive work or learning environment. Examples of sexual harassment include, but are not limited to, sexual advances, repeated date requests, sexual gestures, sexual cartoons or images, discussions about sexual activity, sexual assault, sexual violence, and relationship violence. Whether the harassing conduct is considered severe or pervasive depends upon the context, nature, scope, frequency, duration, and location(s) in which the behavior occurred, as well as, the identity, number, and relationships of the persons involved.
Quid Pro Quo sexual harassment occurs when it is stated or implied that an academic or employment decision about a student or employee depends upon whether the student or employee submits to the conduct of a sexual nature. Quid pro quo sexual harassment also occurs when it is stated or implied that a student or employee must submit to conduct of a sexual nature in order to participate in a University program or activity.
A sexually harassing hostile environment occurs when uninvited or unwelcome conduct of a sexual nature creates an intimidating, threatening, or abusive working, learning, or living environment that is so severe or pervasive that it negatively affects the employee’s or student’s ability to participate in or benefit from a University program or activity.
While not all-inclusive, the following behavior is generally considered “conduct of a sexual nature” that, if unwelcome, may be characterized as sexual harassment:
For the purpose of this policy, consent must be freely and actively given through mutually understandable terms or actions. A person is deemed incapable of giving consent when that person is a minor, is mentally disabled, mentally incapacitated, physically helpless, under the influence of alcohol or drugs to the point of being unable to make a rational decision, unconscious or asleep. A person always retains the right to revoke consent at any time during a sexual act.
The use of alcohol, medications, or other drugs will not excuse behavior that violates this policy.
No Illinois State University student, employee, or faculty member shall be excluded from participating in or denied the benefits of any University program or activity on the basis of their sexual orientation. Illinois State University will not tolerate harassing behavior related to one’s sexual orientation that is sufficiently severe or pervasive such that it interferes with an individual’s participation in a University program or activity or unreasonably interferes with an individual’s work or academic performance by creating an intimidating, hostile, or offensive work or learning environment. Whether the harassing conduct is considered severe or pervasive depends upon the context, nature, scope, frequency, duration, and location(s) in which the behavior occurred, as well as, the identity, number, and relationships of the persons involved.
No Illinois State University student, employee, or faculty member shall be excluded from participating in or denied the benefits of any University program or activity on the basis their order of protection status. Illinois State University will not tolerate harassing behavior related to one’s order of protection status that is sufficiently severe or pervasive such that it interferes with an individual’s participation in a University program or activity or unreasonably interferes with an individual’s work or academic performance by creating an intimidating, hostile, or offensive work or learning environment. Whether the harassing conduct is considered severe or pervasive depends upon the context, nature, scope, frequency, duration, and location(s) in which the behavior occurred, as well as, the identity, number, and relationships of the persons involved.
Order of protection status refers to a person protected under an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986 or an order of protection issued by a court of another state.
No Illinois State University student, employee, or faculty member shall be excluded from participating in or denied the benefits of any University program or activity on the basis of their gender identity or gender expression. Illinois State University will not tolerate harassing behavior related to one’s gender identity or gender expression that is sufficiently severe or pervasive such that it interferes with an individual’s participation in a University program or activity or unreasonably interferes with an individual’s work or academic performance by creating an intimidating, hostile, or offensive work or learning environment. Whether the harassing conduct is considered severe or pervasive depends upon the context, nature, scope, frequency, duration, and location(s) in which the behavior occurred, as well as, the identity, number, and relationships of the persons involved.
“Gender identity” refers to a person’s knowledge of his or her gender. A person may identify as a gender that does or does not appear to correspond to the sex assigned to that person at birth, or the person may not identify as either female or male.
A person’s self-presentation of themselves as female, male, androgynous, or as another gender evidenced by their physical appearance, dress, speech, or other expression is referred to as “gender expression.”
No Illinois State University student, employee, or faculty member shall be excluded from participating in or denied the benefits of any University program or activity on the basis of age. Illinois State University will not tolerate harassing behavior related to age that is sufficiently severe or pervasive such that it interferes with an individual’s participation in a University program or activity or unreasonably interferes with an individual’s work or academic performance by creating an intimidating, hostile, or offensive work or learning environment. Whether the harassing conduct is considered severe or pervasive depends upon the context, nature, scope, frequency, duration, and location(s) in which the behavior occurred, as well as, the identity, number, and relationships of the persons involved.
No Illinois State University student, employee, or faculty member shall be excluded from participating in or denied the benefits of any University program or activity on the basis of their marital status. Illinois State University will not tolerate harassing behavior related to one’s marital status that is sufficiently severe or pervasive such that it interferes with an individual’s participation in a University program or activity or unreasonably interferes with an individual’s work or academic performance by creating an intimidating, hostile, or offensive work or learning environment. Whether the harassing conduct is considered severe or pervasive depends upon the context, nature, scope, frequency, duration, and location(s) in which the behavior occurred, as well as, the identity, number, and relationships of the persons involved.
No Illinois State University student, employee, or faculty member shall be excluded from participating in or denied the benefits of any University program or activity on the basis of his or her military status or unfavorable military discharge. Illinois State University will not tolerate harassing behavior related to one’s military status or unfavorable military discharge that is sufficiently severe or pervasive such that it interferes with an individual’s participation in a University program or activity or unreasonably interferes with an individual’s work or academic performance by creating an intimidating, hostile, or offensive work or learning environment. Whether the harassing conduct is considered severe or pervasive depends upon the context, nature, scope, frequency, duration, and location(s) in which the behavior occurred, as well as, the identity, number, and relationships of the persons involved.
"Military status" means a person's status on any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority.
The term “unfavorable military discharge” refers to discharges from the Armed Forces of the United States, their Reserve components or any National Guard or Naval Militia which are classified as RE-3 or the equivalent thereof, but does not include those characterized as RE-4 or "Dishonorable".
No Illinois State University student, employee, or faculty member shall be excluded from participating in or denied the benefits of any University program or activity on the basis of their veteran status. Illinois State University will not tolerate harassing behavior related to one’s veteran status that is sufficiently severe or pervasive that it interferes with an individual’s participation in a University program or activity or unreasonably interferes with an individual’s work or academic performance by creating an intimidating, hostile, or offensive work or learning environment. Whether the harassing conduct is considered severe or pervasive depends upon the context, nature, scope, frequency, duration, and location(s) in which the behavior occurred, as well as, the identity, number, and relationships of the persons involved.
No Illinois State University student, employee, or faculty member shall be excluded from participating in or denied the benefits of any University program or activity on the basis of his or her disability. Illinois State University will not tolerate harassing behavior related to one’s disability that is sufficiently severe or pervasive such that it interferes with an individual’s participation in a University program or activity or unreasonably interferes with an individual’s work or academic performance by creating an intimidating, hostile, or offensive work or learning environment. Whether the harassing conduct is considered severe or pervasive depends upon the context, nature, scope, frequency, duration, and location(s) in which the behavior occurred, as well as, the identity, number, and relationships of the persons involved.
Under applicable state and federal law, an individual with a disability is a person who:
The determination of whether an employee qualifies as an individual with a disability under applicable state and federal law, is made on a case-by-case basis by Human Resources. The determination of whether a student qualifies as an individual with a disability under applicable state and federal law is made on a case-by-case basis by Disability Concerns.
No Illinois State University student, employee, or faculty member shall be excluded from participating in or denied the benefits of any University program or activity on the basis of their genetic information. Illinois State University will not tolerate harassing behavior related to one’s genetic information that is sufficiently severe or pervasive such that it interferes with an individual’s participation in a University program or activity or unreasonably interferes with an individual’s work or academic performance by creating an intimidating, hostile, or offensive work or learning environment. Whether the harassing conduct is considered severe or pervasive depends upon the context, nature, scope, frequency, duration, and location(s) in which the behavior occurred, as well as, the identity, number, and relationships of the persons involved.
Race, Color, Ancestry, and National Origin Harassment and/or Discrimination
Religious Harassment and/or Discrimination
Sex Harassment and/or Discrimination
Pregnancy Harassment and/or Discrimination
Sexual Orientation Harassment and/or Discrimination
Order of Protection Status Harassment and/or Discrimination
Gender Identity & Expression Harassment and/or Discrimination
Age Harassment and/or Discrimination
Marital Status Harassment and/or Discrimination
Military Status Harassment and/or Discrimination
Veteran Status Harassment and/or Discrimination
