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Harassment, Discrimination and Retaliation
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:
- opposing conduct reasonably believed to constitute discrimination, including harassment, that violates an employment discrimination statute or that university or University of North Dakota policy prohibits; or
- filing a complaint about such practice; or
- seeking an accommodation under this policy; or
- 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.
Additional Policy and Reference Information
- Code of Student Life
- Discrimination/Harassment Complaint Reporting Form: race; color; national origin; religion; age; sex/sexual harassment; disability (504/ADA); veteran status; genetic information; sexual orientation or gender identity
- Discrimination/Harassment Department Reporting Form (used by department heads only)
- Equal Opportunity/Affirmative Action Policy Statement and Procedures for Complaints of Discrimination or Harassment
- Family Educational Rights & Privacy Act (FERPA) Complaint Form
- Harassment Training: All UND employees are required to complete the mandatory harassment training as a condition of employment.
- North Dakota University System Human Resources Policies
- Notification of Procedures of Complaints of Discrimination or Harassment (issued by President Robert Kelley)
- State Board of Higher Education
- Tunnel of Oppression - UND Counseling Center
- UND Faculty Handbook
NOTE: The University of North Dakota academic/and other department heads are required to report to the Affirmative Action Office any complaints of discrimination or harassment (including sexual harassment) that they have handled. To report any and all incidents, please complete the Discrimination/Harassment Department Reporting Form.
