Ohio Administrative Code › Title 3337 - Ohio University › Chapter 3337-40 - Policies on Discrimination and Benefits › Section 3337-40-01 - Equal employment and educational opportunity

Current through all regulations passed and filed through July 1, 2024
The version of this rule that includes
				live links to associated resources is online at
https://www.ohio.edu/policy/40-001.html
(A)
								Overview
There shall be no discrimination
				against any person in employment or educational opportunities because of race,
				color, religion, age, ethnicity, national origin, national ancestry, sex,
				pregnancy, gender, gender identity or expression, sexual orientation, military
				service or veteran status, mental or physical disability, or genetic
				information, except as explicitly provided for in this policy.
University faculty, staff, students, or
				volunteers may not retaliate against a person who has made a protected
				disclosure under this policy.
(B)
								Prohibited
			 conduct
(1)
									Discrimination
Discrimination occurs when a person or
				group of people are denied rights, benefits, equitable treatment, or access to
				programs or facilities available to all others because of membership in a
				protected class. Members of protected classes have historically been denied
				access to or are underrepresented in educational and employment opportunities
				and are protected from discrimination by federal and state civil rights law, or
				university policy as listed in paragraph
										(A)
										of this
				policy.
(2)
									Harassment
Harassment is defined as conduct that
				is directed towards a person or a group of persons on the basis of any
				protected class listed in paragraph
										(A)
										of this policy,
				that is:
(a)
										Severe enough to deny or limit participation in or full
			 benefit of employment or educational opportunity at Ohio university:
			 or
(b)
										Severe or pervasive enough to create a work or
			 educational environment that a reasonable person would consider intimidating,
			 hostile, or abusive.
Ohio university recognizes harassment
				as a form of unlawful discrimination that can be a barrier to access to
				educational or employment opportunity.
(3)
									Sexual
			 misconduct
Ohio university's policy on sexual
				misconduct, including sexual harassment, is set forth in policy
				03.004.
(4)
									Retaliation
Retaliation is defined as adverse
				action or threat of an adverse action taken by the university, or member
				thereof, in response to a person who, in good faith, makes a protected
				disclosure under this policy by: reporting suspected discriminatory or
				harassing conduct to a supervisor or appropriate university official: filing a
				complaint under federal or state law or university policy that prohibits
				discrimination or harassment: participating in an investigation or proceeding
				under this policy: or opposing educational or employment practices that the
				person reasonably believes discriminate against persons or groups of people in
				violation of university policies. University faculty, staff, students, or
				volunteers may not directly or indirectly use or attempt to use the official
				authority or influence of their positions or offices for the purpose of
				interfering with the right of a person to make a protected disclosure to the
				person's immediate supervisor or other appropriate administrator or supervisor
				within the operating unit, or other appropriate university official about
				matters within the scope of this policy.
(5)
									Limitations of
			 scope
Petty slights, annoyances, and isolated
				incidents (unless severe) of rude, uncivil, or non-collegial behavior will
				generally not rise to the level of violation of policy and should be addressed
				to a supervisor. The legitimate exercise of supervisory authority, including
				oversight, evaluation, and requiring adherence to standards of performance,
				conduct, and safety, shall not be considered discrimination, harassment, or
				retaliation under this policy.