Academic Affairs Manual (ACD)

Effective: 7/1/1978

Revised: 7/1/2011

ACD 401: Nondiscrimination, Anti-Harassment and Nonretaliation

Purpose

To express the university’s policy on nondiscrimination, anti-harassment, and nonretaliation

Sources

Arizona Board of Regents Policy Manual - 1 –119

Applicability

All ASU employees, students, contractors and agents; all ASU educational programs, activities, opportunities and benefits; all persons participating in or accessing ASU-sponsored programs and activities

Definitions

Discrimination

Discrimination is defined under applicable federal and state law. In general, unlawful discrimination means failing to treat people equally based, at least in part, on status that is protected under applicable law or policy.

Harassment

Harassment is a specific form of discrimination. It is unwelcome behavior, based on a protected status, which is sufficiently severe or pervasive to create an intimidating, hostile, or offensive environment for academic pursuits, employment, or participation in university-sponsored programs or activities.

Sexual Harassment

Sexual harassment is harassment, whether between individuals of the same or different sex, which includes unwelcome behavior or conduct of a sexual nature that is made, either explicitly or implicitly, a condition of an individual’s education, employment, or participation in university-sponsored programs or activities or the submission to or rejection of such behavior or conduct is a factor in decisions affecting that individual’s education, employment, or participation in university-sponsored programs or activities.

Retaliation

Retaliation occurs when an adverse action is taken against an individual for engaging in protected activity. Protected activity consists of:

1. opposing conduct reasonably believed to constitute discrimination, including harassment, that violates an employment discrimination statute or that university or ABOR policy prohibits; or
2. filing a complaint about such practice; or
3. seeking an accommodation under this policy; or
4. testifying, assisting, or participating in any manner in an investigation or other proceeding related to a discrimination complaint.

Adverse actions that are reasonably likely to deter a complaining individual or others from engaging in protected activity are prohibited.

Report

Allegation(s) of a violation of this policy that is/are made to any manager, supervisor, administrator, or the Office of Equity and Inclusion or the Office of Student Rights and Responsibilities.

Policy

Arizona State University is committed to providing the university community, including students, faculty, staff, and guests, with an environment that is free of harassment, discrimination, or retaliation. ASU expressly prohibits harassment, discrimination, and retaliation by employees, students, contractors, or agents of the university based on protected status, including race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, and gender identity. ASU also complies with the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.).

All individuals identified in the Applicability section of this policy are responsible for participating in and assist with creating and maintaining an environment at ASU that is free from all forms of prohibited discrimination, including harassment and retaliation.

All individuals identified in the Applicability section of this policy shall cooperate with any investigation of allegations of violations of this policy. Providing false or misleading information or failure to cooperate may result in disciplinary action.

All supervisors, managers, or administrators who are informed of or have a reasonable basis to believe that a violation of this policy has occurred shall promptly report it to the Office of Equity and Inclusion. Failure to report or supervisory inaction may be cause for disciplinary action.

Anyone who believes that he or she has been subjected to discrimination, harassment, or retaliation in violation of this policy, or who believes that this policy has been violated, should report the matter immediately to the Office of Equity and Inclusion.

All ASU employees who receive reports of discrimination, harassment or retaliation shall maintain the confidentiality of the information that they receive except where disclosure is required by law or is necessary to facilitate legitimate university or ABOR processes, including reporting, investigation, and resolution of allegations.

The exclusive procedures and protocols for the investigation of all claims of violations of ACD 401 are set forth in P20. Unless specifically and explicitly excepted by Board policy, these procedures and protocols shall be the exclusive process for reviewing claims of violations of ACD 401.

Violations of this policy may result in disciplinary action, up to and including termination for employees and in sanctions, including suspension or expulsion, for students. Violations of this policy by persons who are not employees or students of the university may be subject to appropriate sanctions as provided for under law or policy.

An individual’s filing of a complaint or charge with any outside agency or entity will not affect any ASU investigation concerning the same or similar events.

Cross-References

For additional information, see:

1. ACD 402, “Amorous Relationships,”

   and

2. ACD 405, “Individuals with Disabilities.”

For appropriate grievance procedures for students, see the Student Services Manual—SSM 104–01, “Student Code of Conduct and Student Disciplinary Procedures.”

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