1. Policy Statement on Human Dignity
   
   Gonzaga University recognizes the inherent dignity of all individuals and promotes respect for all people in its activities and programs and in the relationships it shares with students, faculty, staff, and the public. Further, the University expects all community members to promote dignity and respect in their daily interactions with each other.
   
   
2. Harassment Defined
   
   Consistent with its mission, the University seeks to assure that all community members are able to learn and work in an atmosphere free from harassment. Harassing conduct is contrary to the positive educational environment the University wishes to foster and maintain. Because harassment undermines the University's mission and threatens the well being of its community members, it is a serious policy violation and will not be tolerated. The University prohibits harassment on the basis of race, sex, gender, religion, national origin, ethnicity, age, sexual orientation, disability, or any other harassment prohibited by federal or state law. This policy applies to all University community members, including faculty, employees, and students. Vendors, independent contractors, visitors and others who conduct business with the University are also expected to comply with this policy. The University will take appropriate action when this policy is violated.
   
   Harassment can take many forms. It can include slurs, comments, rumors, jokes, innuendos, unwelcome compliments or touching, cartoons, pranks, and other verbal or physical conduct. Generally, physical and verbal conduct is considered harassment when it meets one or more of the following criteria:
   
   
   1. Submission to the undesirable conduct or communication is made, either explicitly or implicitly, a term or condition of ones employment or academic status, OR
      
      
   2. Submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting the individual's employment or education, OR
      
      
   3. The conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment or education, or creates an intimidating, hostile, or offensive employment or academic environment, OR
      
      
   4. The conduct or communication would not have occurred but for the protected category of the individual(s) or group to whom it is directed or who are affected by it.
   
   
   
3. Sexual and Racial Harassment
   
   This section describes examples of both sexually and racially harassing behavior that occurs with some frequency and where regulatory agencies have provided guidance.
   
   
   1. Sexual Harassment is objectionable verbal and/or physical conduct that is sexual in nature or gender-based. Unwelcome sexual advances, requests for sexual favors, sexually motivated physical or verbal conduct may be sexual harassment. Other behavior that is not sexual in nature but is motivated by a person's gender may also be sexual harassment.
      
      Examples of behaviors which might be considered sexual harassment include but are not limited to:
      
      
      • Demeaning sexist statements, off-color jokes, crude sexual remarks, offensive stories, remarks of a sexual nature about a person's clothing or body, remarks about sexual activity or experiences
        
        
      • Display or circulation of written materials or pictures degrading to individuals or gender groups
        
        
      • Inappropriate, unnecessary, or unwelcome physical contact, such as touching, patting, pinching, hugging, kissing, or brushing against an individual's body
        
        
      • Undue and unwanted attention, such as repeated flirting, compliments about clothing or physical attributes, staring, or making sexually oriented gestures
        
        
      • Pressuring an individual to become involved in sexual activity
        
        
      • Making a student's work or an employee's job more difficult because of that person's sex
        
        
      • Using a position of power and authority to: 1) threaten or punish, either directly or by implication, for refusing to tolerate harassment, submit to sexual activity, or for reporting harassment, or 2) promise rewards for sexual favors
        
        
      • Physically assaulting an individual, such as rape, sexual battery, sexual molestation, or attempts to commit such assaults. Such actions may also constitute a violation of the criminal code
        
        
      • Engaging in demeaning verbal and other expressive behavior of a sexual or gendered nature in instructional settings.
        
        
        
      To be considered sexual harassment, the conduct must meet one or more of the criteria outlined above in B. Harassment Defined.
      
      
   2. Racial Harassment and harassment based on national origin, ethnicity, or color is objectional verbal and/or physical conduct which meets one or more of the criteria outlined in B. Harassment Defined.

      Gonzaga University seeks to provide equal educational opportunities for all students and to cultivate the ethical and moral values of a just society. To do so, the University must maintain an environment free from racial harassment, intimidation, and humiliation as expressed by communication, threats, acts of violence, hatred, abuse of authority, or ill-will that assault an individual's self-worth. Racial harassment interferes with or limits an individual's or groups' ability to participate in or benefit from University programs, services, activities, or amenities. Racial harassment dishonors the University and its members and diminishes the stature of the academic community. Gonzaga unequivocally condemns racist behavior in any form.

      Following are examples of behaviors which, if based on race, ethnicity, or national origin, may constitute racial harassment:

      • Making demeaning remarks to an individual or group or in the presence of an individual or group. This includes name calling, racial slurs, epithets, jokes, and racial put downs if the intention or result is to demean a person or group, treat individuals or groups differently because of race, ethnicity, national origin, or color, or create a hostile environment

      • Displaying, circulating, or placing visual or written material demeaning race, ethnicity, national origin, or color in a University living or working area, when the intention or result is to make the education, working, or living environment hostile or demeaning

      • Damaging, defacing, or destroying the University's property or the property of any member because of race, ethnicity, national origin, or color

      • Using "fighting words"; expressing in words, pictures, or symbols commonly understood to convey hatred or contempt, based on race, color or ethnicity, with the intent to inflict emotional distress

      • Engaging in intentional acts based on race that obstruct or attempt to obstruct or seriously impair University activities in or outside University buildings or in other locations where University-sponsored activities occur

      • Physically threatening or assaulting, intentionally engaging in physically violent acts, malicious injury to person which intentionally or recklessly imperils the safety of others; engaging in malicious harassment in violation of state and federal law

      • Engaging in demeaning verbal and other expressive behavior of a racial nature in instructional settings.

      The University will make every effort to address racial incidents even if the perpetrator has not been identified.

4. Harassment Based on Other Protected Categories is treated the same as sexual and racial harassment in this policy. The courts have also traditionally applied the standards established for sexual and racial harassment to other types of harassment. Under this policy, objectional conduct may be considered harassment if it meets one or more criteria in B. Harassment Defined.

5. Demeaning Verbal and Other Expressive Behavior in Instructional Settings The College and University Personnel Association and the American Association of University Professors have developed guidelines for handling allegations of harassment arising in an instructional setting. A modified version of these guidelines pertaining to faculty and academic staff is outlined below and, where applicable, will be used in processing complaints.
   1. Definitions
      1. An "instructional setting" is a situation in which a member of the faculty or academic staff is communicating with a student(s) concerning matters the faculty or academic staff member is responsible for teaching the student(s). These situations include, but are not limited to, such communication in a classroom, laboratory, during a field trip, or in a faculty or academic staff member's office.

      2. "Expressive behavior" is conduct in an instructional setting whenever a faculty or academic staff member seeks to communicate with students. It includes, but is not limited to, the use of visual materials, verbal or written statements, and assignment of visual, recorded, or written materials.

      3. Protected Expressive Behavior:

         Expressive behavior related to subject matter:

         A faculty or academic staff member's selection of instructional materials shall not be the basis for discipline if the material selected is germane to the subject of the course. However, if the Faculty Harassment/Discrimination Committee finds, at a formal hearing, that the faculty or academic staff member's claim that the materials are germane to the subject of the course is clearly unreasonable, it shall not be an acceptable defense to the use of such material.

         A faculty or academic staff member's expressive behavior shall not be the basis for discipline if the behavior constitutes an opinion or statement germane to the subject matter of the course However, if the Faculty Harassment/Discrimination Committee finds, at a formal hearing, that the faculty or academic staff member's claim that the expressive behavior is clearly unreasonable, it shall not be an acceptable defense to the use of such behavior.

      4. Expressive Behavior related to teaching techniques:

         A faculty or academic staff member's selection of teaching techniques shall not be the basis for discipline unless the Committee at the formal hearing finds clearly unreasonable the faculty or academic staff member's claims that the objective cannot be accomplished as effectively by techniques less likely to cause harm.

   2. Application

      Unprotected expressive behavior, other than that described in Definitions above, is subject to discipline.

6. Reporting and Investigating Harassment

   Gonzaga community members may bring complaints or concerns about harassing behavior to faculty, supervisors, department heads, vice presidents, the Human Resources Department, or the University'sEqual Opportunity Officer. In addition, students may bring complaints to their advisors, chairs, deans, Student Life personnel, or to the Academic Vice President's office. Any of the above to whom a complaint or concern has been reported must promptly notify the Equal Opportunity Officer, who will begin an investigation or recommend an investigation by a qualified individual from inside or outside the University. Complaints will be handled through the applicable procedures described in Appendix 14 Harassment Complaint Procedures

   1. False Reports

      Submission of a good faith complaint, concern, or report of harassment will not affect the complainant's or reporter's employment, grades, academic standing, or work assignments. However, an individual found to have made a false complaint or report or to have knowingly and willingly given false information during an investigation, will be subject to disciplinary action.

   2. Confidentiality

      The University will handle all reports of harassment as discreetly as possible, sharing information on a need to know basis only. To properly investigation an allegation of harassment, the University may need to divulge the identities of individuals involved. The University will comply with discovery or disclosure obligations as may be legally required.

   3. Retaliation

      Retaliation will not be tolerated against anyone who has reported perceived harassment or a concern about harassing conduct or has participated in an investigation, complaint process or hearing, or filed a complaint alleging harassment. Retaliation includes but is not limited to any form of intimidation, reprisal, or harassment. Anyone found to have acted in a retaliatory manner will be subject to appropriate disciplinary action.

7. Harassment Policy Compliance

   This harassment policy defines and prohibits harassment on the basis of federal and state law as interpreted by the courts. If statutory provisions or court interpretations change or conflict with this policy, the University's policy will be deemed amended to assure continued compliance. This harassment policy is also intended to comply with statutes and guidelines of other regulatory agencies, such as the US Office of Civil Rights guidelines for student to student harassment.

Harrassment and Discrimination Complaint Procedures

1. Harassment - The University's harassment complaint handling procedures are Appendix 14 Harassment Complaint Procedures.

2. Discrimination - The University's procedures for handling complaints of discrimination on the basis of race, religion, sex, national origin, age, marital or veteran status, sexual orientation, disability, and other legally protected categories are Appendix9 Employee Grievance Procedure for Complaints of Workplace Discrimination.