Non-Discrimination and Discriminatory Harassment Policy

�Ӱ�ԭ�� University adheres to all federal and state civil rights laws and regulations prohibiting discrimination in private institutions of higher education.

�Ӱ�ԭ�� University is an equal opportunity employer. In accordance with applicable law, we prohibit discrimination against any applicant or employee based on any legally-recognized basis, including, but not limited to: race, color, religion, sex (including pregnancy, lactation, childbirth or related medical conditions), sexual orientation, gender identity, age (40 and over), national origin or ancestry, citizenship status, physical or mental disability, genetic information (including testing and characteristics), veteran status, uniformed service member status or any other status protected by federal, state or local law. Our commitment to equal opportunity employment applies to all persons involved in our operations and prohibits unlawful discrimination by any employee, including supervisors and co-workers.

The University also complies with Connecticut law, which prohibits discrimination and harassment against any employee, intern or applicant for employment based on race (including traits historically associated with race, such as hair texture and protective hairstyles), color, religion, creed, age, sex (including pregnancy, child-bearing capacity, sterilization, fertility or related medical conditions), sexual orientation, national origin, homelessness, family violence victim status, ancestry, marital status, veteran status, gender identity or expression, present or past history of mental, intellectual, physical or learning disability, and genetic information. The University will not tolerate discrimination or harassment based on these characteristics or any other characteristic protected by applicable federal, state or local law.

This policy covers non-discrimination and discriminatory harassment in both employment and access to educational opportunities. Therefore, any member of the University community whose acts deny, deprive, or limit the educational or employment or residential and/or social access, benefits, and/or opportunities of any member of the University community, guest, or visitor on the basis of that person’s actual or perceived membership in the protected classes listed above is in violation of the University policy on nondiscrimination. Unlawful discrimination includes harassment based on an individual’s membership, or perceived membership, in any legally protected category.

When Title IX of the Education Amendments of 1972 applies to alleged conduct, the Sexual Misconduct Policy and not this policy will govern. Similarly, for students only, discrimination based on disability status will be addressed through the ADA/Section 504 Grievance Procedure.

Definitions

Discrimination:

Discrimination is treating an individual or a group of individuals differently based on a legally protected characteristic or because of their membership in a legally protected class, with the purpose or effect of depriving such individuals of equal access to or opportunity in employment or education.

Discriminatory Harassment:

Harassment is a form of discrimination. It consists of unwelcome conduct based on a legally protected characteristic or membership in a legally protected class that is sufficiently severe or pervasive as to create a hostile or intimidating working, living, or learning environment.

Bias-related Act:

A bias-related act is an act that is motivated in whole or in part by bias against a legally protected characteristic or class. Although bias-related acts sometimes constitute discrimination, as defined in this policy, or hate crimes, as defined by law, not all bias incidents rise to the level of discrimination or a hate crime.

Retaliation:

Retaliation as defined in this policy is prohibited and is a violation of �Ӱ�ԭ�� University policy.

Retaliation is taking or attempting to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.

Procedures

The University encourages reporting of discriminatory conduct and prohibited retaliation.

To file a complaint pursuant to a violation of this policy, contact Dylan Gordon at equity@fairfield.edu. A written complaint describing the conduct at issue and how the complainant believes this policy has been violated, is required in order to begin the complaint process.

Inquiries about matters related to potential discrimination, harassment, and/or retaliation can also be made by contacting the Senior Director of Equity.

Informal Complaint Procedure:

The senior director of equity shall assess the written complaint to determine if the Non-Discrimination and Harassment Policy is applicable. If this policy is deemed applicable, the Senior Director of Equity shall first work with the Complainant to attempt to resolve their complaint informally. If the complaint is not resolved informally, the Complainant may request to proceed to the Formal Complaint Procedure.

Formal Complaint Procedure:

The senior director of equity will initiate the investigation by providing notice to the parties. During the investigation, all parties will have the opportunity to provide and respond to evidence. After a thorough investigation, the senior director of equity will notify the parties of the outcome in a written Letter of Determination. The Letter shall include a finding and rationale on the basis of the preponderance of the evidence and shall be sent to the parties within 60 business days after receiving the written complaint or the senior director of equity will provide the Complainant with notice as to any need for additional time to complete the Letter, which shall not be unduly delayed.

Appeals:

For purposes of allowing an appellate process, the outcome and rationale will be shared with all parties, at the sole discretion of the senior director of equity.

Requests to appeal must be submitted in writing to the senior director of equity within five (5) business days of the delivery of the Letter of Determination.

Appeals are limited to the following grounds:

A procedural error or omission occurred that significantly impacted the outcome.
Newly discovered evidence that is substantive in nature and was unknown or unavailable during the investigation that would substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included in the appeal.

Appeal Decision-maker:

The Appeal Decision-maker for student Respondents and student group, organizations, and teams shall be the Vice President for Student Life, or their designee.
The Appeal Decision-maker for faculty Respondents shall be the Provost, or their designee.
The Appeal Decision-maker for staff Respondents shall be the Senior Vice President for Finance and Administration, or their designee.

If grounds are not sufficient for an appeal, or the appeal is not timely, the Appeal Decision-maker dismisses the appeal. Decisions made by the Appeal Decision-maker are final.

Recordkeeping:

All files relating to complaints will be kept for seven years.

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