What are “associational” Discrimination and Harassment, and are they covered by this Policy?
Associational Discrimination and Harassment are based on a Complainant’s association or relationship with an individual or individuals who are, or who are perceived to be, within a Protected Category. Associational Discrimination and Harassment are covered by this Policy.
Is Prohibited Conduct based on “caste” covered by this Policy?
Yes. The University interprets its protection against Prohibited Conduct on the basis of “ancestry” to include protection against Discrimination and Harassment on the basis of an individual’s caste. The University interprets the term “caste” to mean an individual’s perceived position in a system of social stratification on the basis of inherited status.
Caste may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
What are examples of Prohibited Conduct based on national or ethnic origin or ancestry under this Policy?
Prohibited Conduct under the Policy based on national or ethnic origin or ancestry extends to individuals who experience Discrimination or Harassment based on their actual or perceived shared ancestry or ethnic characteristics, or citizenship or residency in a country with a dominant religion or distinct religious identity. This includes, for example, antisemitic, anti-Arab, and Islamophobic Discrimination or Harassment. Some of these forms of Discrimination or Harassment may also represent Prohibited Conduct based on other Protected Categories covered by this Policy, including based on religion.
Examples of such Discrimination or Harassment may include:
- A professor bars Jewish students from a seminar on the Middle East based on the belief that their ties to Israel will polarize class discussions.
- A student repeatedly refers to a Palestinian-American student as a “terrorist,” removes and destroys the student’s keffiyeh (scarf), and threatens the student with physical harm if he attends campus events.
- An employee repeatedly tells a fellow Asian-American employee to “go back to China,” follows the employee to her vehicle after work, and physically intimidates her, leaving her fearful to go to work.
- A faculty member declines to hire a Mexican-American graduate student as a research assistant because the faculty member says the student “belongs in Mexico, not in California.”
- Denying access to or participation in any University program or activity based on how an individual looks or dresses (e.g., use of religious or ethnic attire such as a hijab, burka, turban, or kippah).
What constitutes Discrimination on the basis of disability covered under this Policy?
Discrimination on the basis of disability can occur in a variety of forms of different treatment or denial of equitable opportunity. For example, individuals might experience a barrier to access a University program or activity because of inaccessible “brick and mortar” facilities, online web content, or other digital content, such as mobile applications. Individuals may not have an equal opportunity or access to participate in an academic program without appropriate academic adjustments or auxiliary aids and services and/or reasonable modifications in policy, practice, or procedure; or in the workplace without reasonable accommodations. Also, individuals may experience disability-based Harassment or an Unfavorable Action based on disability as defined in the Policy. Individuals alleging any of these types of Discrimination or Harassment on the basis of disability may choose to bring a complaint under the Policy.
How does this Policy interact with other existing policies and procedures related to disability discrimination?
Individuals may choose to file a complaint under this Policy for Discrimination or Harassment on the basis of disability, or they may choose to proceed according to existing campus/location procedures related to informal resolution, reporting, or appeals the location makes available. The University encourages individuals to engage in early resolution processes campuses make available to resolve specific concerns regarding disability-related claims as they may provide for a timely resolution of the concern(s).
For specific information about other policies and procedures related to discrimination on the basis of disability, please refer to the Guidelines Applying to Nondiscrimination on the Basis of Disability (PACAOS 140), Personnel Policies for Staff Members 81 (Reasonable Accommodation), and Academic Personnel Manual - 711 (Reasonable Accommodation for Academic Appointees with Disabilities), as well as local campus resources. Employees may also contact their campus Disability Management office, and students may contact their campus Students with Disabilities Services office, and individuals may also contact their campus ADA Coordinator for additional information.
