Ohio Administrative Code › Title 3339 - Miami University › Chapter 3339-3 - In General › Section 3339-3-06 - Prohibiting harassment and discrimination

Current through all regulations passed and filed through July 1, 2024
(A) Harassment and discrimination are
			 prohibited
Respect for human diversity is an essential element of the
				Miami university community. Members of the Miami university community have the
				right to an environment free of conduct that unreasonably interferes, hinders,
				or otherwise denies another a suitable working, living, or learning
				environment. Therefore, members of the university community should refrain from
				harassing others or creating an environment that denies others a suitable
				working, living, or educational environment. Miami university strongly opposes
				and will not tolerate harassment or discrimination on the basis of age, color,
				disability, gender identity, or expression, genetic information, military
				status, national origin (ancestry), pregnancy,
				race, religion, sex/gender, status as a parent or
				foster parent, sexual orientation or protected veteran status in its
				activities, programs, admission, and employment. This prohibition extends to
				harassment or discrimination, based on the protected status listed in this
				paragraph, including the creation of an intimidating, hostile, or offensive
				working, educational, or living environment. This rule is intended to address
				all forms of prohibited harassment and discrimination except for allegations of
				sexual harassment, sexual misconduct, interpersonal violence (stalking, dating
				violence and domestic violence) which are addressed separately in the Title IX
				protocol -sexual misconduct policy and procedures for students and Title IX
				protocol -sexual misconduct policy and procedures for employees at Miami
				university.
Harassment and discrimination are illegal. This rule is not
				intended to impair or limit the right of anyone to seek a remedy available
				under state or federal law. Legal remedies may be pursued outside Miami
				university by contacting the equal employment opportunity commission, the Ohio
				civil rights commission, the United States department of education office for
				civil rights, or by consulting an attorney at the person's own expense. Under
				the law, there are various time limits for filing charges outside the
				university. Persons should contact the agencies listed in this paragraph or an
				attorney to determine the applicable time limits.
This rule may in some respects exceed the requirements of
				applicable law. However, this rule will not be enforced so as to infringe upon
				first amendment rights, including the right to academic freedom.
(B) Definitions
For the purpose of determining whether particular conduct
				constitutes a violation of this rule, the following definitions will be
				used:
(1) Discrimination: conduct that
			 is based on a person's age, color, disability, gender identity or expression,
			 genetic information, military status, national origin (ancestry), pregnancy, race, religion, sex/gender, status as a parent or foster parent, sexual
			 orientation or protected veteran status in its activities, programs, admission,
			 and employment that:
(a) Adversely affects a
			 term or condition of a person's employment, education, living environment or
			 participation in a university activity; or
(b) Is used as a basis for or a motivating
			 factor in decisions affecting the person's employment, education, living
			 environment or participation in a university activity.
(c) Examples of conduct prohibited by this
			 policy include but are no means limited to taking any of the actions listed in
			 this paragraph based on a person's age, color, disability, gender identity or
			 expression, genetic information, military status, national origin
			 (ancestry), pregnancy, race, religion, sex/gender, status as a parent or foster parent, sexual
			 orientation or protected veteran status (protected class status):
(i) Denying a person access to an educational
			 program;
(ii) Denying salary
			 increases and/or promotions;
(iii)
			 Preventing a person from participating in any activity or program or using
			 university facilities or services; or
(iv) Using protected class status as a
			 motivating factor in making a decision about employment or educational
			 opportunities.