Ohio Administrative Code › Title 3349 - Northeast Ohio Medical University › Chapter 3349-7 - Human Resource Rules › Section 3349-7-10 - Affirmative action, equal employment opportunity and non-discrimination/harassment

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
To establish an affirmative action, equal education and
				employment opportunity, and non-discrimination/harassment rule to promote
				compliance with state and federal laws as well as reinforce NEOMED's commitment
				to maintaining a professional and collegial work and learning environment in
				which all individuals are treated with respect and dignity. Every individual
				has the right to work and learn in a professional atmosphere.
(B) Scope
This rule applies to all students, faculty, staff, employees
				and applicants for employment or admission to the university and its
				programs.
(C) Definitions
(1) "Abusive/bullying behavior" is the
			 persistent repeated pattern of mistreatment from others in the workplace or the
			 classroom that causes the victim physical, mental, or emotional harm.
			 Abusive/bullying behavior includes mistreatment that is abusive physically or
			 verbally, and encompasses offensive conduct or behaviors, such as interference
			 with completing or sabotaging work that has been done. Abusive or bullying
			 behavior is different than that of constructive criticism or counseling to
			 address and improve performance. Abusive or bullying behavior is unprofessional
			 and inappropriate for the workplace or the classroom.
(2) "Affirmative action" is required under
			 Executive Order 11246. It is designed to promote equal educational and
			 employment opportunities for protected class members in all policies and
			 decisions affecting employment and education.
(3) "Applicant" is an individual who has
			 applied for either a specific position at the university, or who has applied
			 for admission to the university.
(4) "Complainant" refers to any person who
			 seeks recourse pursuant to this rule because they have reasonable cause to
			 believe they experienced harassment or discrimination.
(5) "Complaint" refers to a statement by a
			 complainant seeking recourse pursuant to this rule to address instances of
			 harassment or unlawful discrimination. A complaint can be written or verbal
			 when alleging harassment, abusive/bullying behavior, or
			 discrimination.
(6)
			 "Discrimination" occurs when an adverse employment or education action is taken
			 that is based upon a protected class.
(7) "Equal education opportunity" means that
			 all persons in a protected class shall have equal access to participate in
			 educational activities.
(8) "Equal
			 employment opportunity" means that all persons in a protected class shall have
			 equal access to positions at the university, limited only by their ability to
			 do their job.
(9) "Harassment" is
			 an unwelcome, verbal or physical conduct that is sufficiently severe or
			 pervasive that it unreasonably interferes with, denies, or limits a protected
			 class member's ability to participate in or benefit from the university's
			 education and employment programs or educational activities. The harassment can
			 form the basis for differential treatment or the creation of a hostile
			 environment.
(a) Harassment can include
			 conduct that is deemed by the university to be harmful, threatening, abusive,
			 vulgar, obscene, or hateful.
(b)
			 The conduct alleged to constitute harassment under this rule will be evaluated
			 from the perspective of a reasonable person similarly situated to the
			 complainant, in consideration of all the facts and circumstances.
(c) Harassment must be distinguished from
			 behavior which, even though unpleasant or disconcerting, is appropriate to the
			 carrying out of instructional, advisory, or supervisory
			 responsibilities.
(d) This
			 definition includes behaviors defined in rule
			 3349-10-75 of the Administrative
			 Code when that specific rule lacks jurisdiction to investigate.
(10) "Protected class" and
			 "protected status" are defined by state and federal law to include age, color,
			 disability, gender identity or expression, genetic information, national
			 origin, race, religion, sex, sexual orientation, transgender status, status as
			 a parent during pregnancy and immediately after the birth of a child, status as
			 a parent of a young child, status as a foster parent, or veteran status. This
			 definition is meant to protect individuals who identify as Jewish and are
			 subject to antisemitic behaviors, including but not limited to rhetorical and
			 physical manifestations of hatred toward Jewish or non-Jewish individuals
			 and/or their property, or toward a Jewish community institution or religious
			 facility.
(11) "Respondent" refers
			 to a person or persons against whom an allegation of harassment,
			 abusive/bullying behavior, or discrimination has been made pursuant to this
			 rule.
(12) "Responsible officer"
			 refers to a university official who decides whether this rule has been violated
			 and makes decisions regarding sanctions, if appropriate. The associate
			 director, diversity, equity, and inclusion is designated the responsible
			 officer for complaints that contain a student respondent. The senior human
			 resources generalist is the responsible officer for complaints that contain an
			 employee respondent. If the responsible officer is charged with harassment,
			 abusive/bullying behavior, or discrimination, the matter will come under the
			 jurisdiction of the president or his designee, for handling. If the president
			 is charged with harassment, abusive/bullying behavior, or discrimination, the
			 matter will come under the jurisdiction of the board of trustees, or their
			 designees, for handling.
(13)
			 "Retaliation" refers to intimidation, threats, coercion, or other behaviors
			 meant to interfere with the employment or educational right of a person or
			 person(s) who reported alleged discrimination, harassment, or abusive/bullying
			 behaviors whether by the alleged or on behalf of the alleged.