To establish the University's policy prohibiting discrimination and harassment.
The Pennsylvania State University is committed to the policy that all persons shall have equal access to programs, facilities, admission and employment without regard to personal characteristics not related to ability, performance, or qualifications as determined by University policy or by state or federal authorities. It is the policy of the University to maintain an academic and work environment free of discrimination, including harassment. The Pennsylvania State University prohibits discrimination and harassment against any person because of age, ancestry, color, disability or handicap, national origin, race, religious creed, sex, sexual orientation, gender identity or veteran status. Discrimination or harassment against faculty, staff or students will not be tolerated at The Pennsylvania State University.
Discrimination is conduct of any nature that violates the policy set forth above by denying equal privileges or treatment to a particular individual because of the individual's age, ancestry, color, disability or handicap, national origin, race, religious creed, sex, sexual orientation, gender identity or veteran status.
Harassment is a form of discrimination consisting of physical or verbal conduct that (1) is directed at an individual because of the individual's age, ancestry, color, disability or handicap, national origin, race, religious creed, sex, sexual orientation, gender identity or veteran status; and (2) is sufficiently severe or pervasive so as to substantially interfere with the individual's employment, education or access to University programs, activities and opportunities. To constitute prohibited harassment, the conduct must be such that it detrimentally affects the individual in question and would also detrimentally affect a reasonable person under the same circumstances.
Harassment may include, but is not limited to, verbal or physical attacks, threats, slurs or derogatory comments that meet the definition set forth above. Whether the alleged conduct constitutes prohibited harassment depends on the totality of the particular circumstances, including the nature, frequency and duration of the conduct in question, the location and context in which it occurs and the status of the individuals involved.
These definitions are not intended to deprive an individual of the right of free expression or other civil rights.
The University will make every reasonable effort to promptly investigate and resolve complaints of discrimination or harassment, with due regard for fairness and the rights of both the complainant and alleged offender, and to conduct all proceedings in the most confidential manner possible.
Any member of the University community who experiences discrimination or harassment should immediately report the incident to the Affirmative Action Office, or alternatively, to the Office of Human Resources, the Division of Student Affairs, the Office of Educational Equity or an administrator or faculty member in his or her department or unit. In all cases where the incident is not initially reported to the Affirmative Action Office, the person receiving the complaint will contact the Affirmative Action Office to discuss resolution and ensure consistent responses to issues across units.
The Affirmative Action Office has primary responsibility for resolving discrimination and harassment complaints. If unsuccessful at resolving the issue informally, the Affirmative Action Office may investigate to reach a formal determination on the merits of the allegations. Investigations will include notifying the alleged offender of the complaint and providing an opportunity to respond to the allegations.
If there is evidence of discrimination or harassment, the University will make every reasonable effort to ensure the discrimination and/or harassment immediately stops and does not recur. The complainant will be informed of the corrective measures taken.
Disciplinary sanctions for violation of this policy, which may range from a disciplinary warning to termination or expulsion from the University, will be imposed in accordance with applicable University policies.
Retaliation constitutes a separate violation and may result in a sanction independent of the outcome of a complaint.
Other Policies in this Manual may apply, especially:
AD29 - Statement on Intolerance,
AD41 - Sexual Harassment,
HR01 - Fair Employment Practices,
HR11 - Affirmative Action in Employment at The Pennsylvania State University,
HR76 - Faculty Rights and Responsibilities, and
HR79 - Staff Grievance Procedure
Effective Date: June 25, 2007
Date Approved: June 25, 2007
Date Published: June 25, 2007
Most recent changes:
Revision History (and effective dates):
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