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Complaints of Discrimination or Harassment
I. Equal Opportunity/Affirmative Action Policy Statement
A. Mission and Priorities
The University of North Dakota does not tolerate harassment in any form. Harassment is contrary to the stated mission of the University to serve "the state, the country, and the world community" and to encourage students "to make informed choices, to communicate effectively, to be intellectually curious and creative, to commit themselves to lifelong learning and the services of others, and to share responsibility both for their own communities and for the world." See University of North Dakota Mission Statement. Harassment is in direct conflict with the identified priorities of the University to "reflect and promote respect and appreciation for diversity, human rights, and differences of opinion"; to "maintain clear and open lines of communication"; and to "ensure a positive work environment." See University Campus Climate Priority Action Areas. The University of North Dakota recognizes that the existence of harassment disrupts all areas of the University community.
The University of North Dakota practices a policy of non-discrimination in recruiting, hiring, and promoting all of its employees – faculty, staff, and students. It is committed to administering all personnel actions including, but not limited to, demotion, transfer, use of facilities, treatment during employment, rates of pay or other forms of compensation, selection for training, lay off, or termination without regard to race, color, national origin, religion, sexual orientation, gender identity, genetic information, sex, age, creed, marital status, veteran's status, political belief or affiliation, or physical, mental, or medical disability unrelated to the ability to engage in activities involved with the job. The University of North Dakota actively supports an affirmative action program in order to provide equal employment and educational opportunity in all areas: academic, supportive, and construction.
C. Educational Programs and Activities
It is the policy of the University of North Dakota that there shall be no discrimination against persons because of race, religion, age, creed, color, sex, disability, sexual orientation, gender identity, national origin, marital status, veteran's status, or political belief or affiliation, and that equal opportunity and access to facilities shall be available to all. This policy is particularly applicable in the admission of students in all colleges and in their academic pursuits. It is also applicable in University owned or University approved housing, food services, extracurricular activities, and all other student services. It is the guiding policy in the employment of students either by the University or by outsiders through the University and in the employment of faculty and staff.
D. Consensual Relationships
The University of North Dakota discourages consensual relationships, i.e., amorous, romantic, or sexual relationships, between faculty and students, staff and students, supervisors and subordinates, and students who have an authority relationship over other students. This policy is in effect when one individual has a control, power, authority, or responsibility position over another. UND expressly prohibits any form of sexual harassment of employees and students when a previous consensual relationship ceases to exist or such a relationship is rejected by one of the parties.
If the parties do engage in a consensual relationship as defined above, the person in the authority position is obligated to report the relationship to his or her department head or supervisor immediately. Failure to report the relationship or any significant delay in reporting may be cause for disciplinary action. Documentation of the reporting and any subsequent actions taken by the department head or supervisor, such as advising the parties of the potential for sexual harassment charges if the relationship ends, is required.
II. Harassment Policy
Harassment of an individual or group that is related to their status in a protected class that is sufficiently severe, persistent, or pervasive so as to interfere with or limit the ability of the individual or group to participate in or benefit from the University of North Dakota's programs or activities is prohibited. Harassment may take the form of oral, written, graphic, or physical conduct that is related to an individual's or group's protected class status. This includes gender, race, national origin, religion, sex, age, veteran's status, sexual orientation, genetic information (GINA), color, disability, or other protected classes.
Title VI, Civil Rights Acts of 1964, as amended; Title IX, Education Amendments of 1972, as amended; Age Discrimination Act of 1975; Section 504 of the Rehabilitation Act of 1973 and the Americans With Disabilities Act of 1991; UND Faculty Handbook, Section III-1.2, 1.2.1, 1.2.2; North Dakota State Board of Higher Education Policy Manual, Section 602.1; North Dakota University System Human Resource Policy Manual; UND Code of Student Life Section 1, 1-1, 1-3 1-13, 1-14, Appendix I; Genetic Information Non-discrimination Act of 2008 (GINA).