{"id":9462,"date":"2020-08-14T18:37:29","date_gmt":"2020-08-15T01:37:29","guid":{"rendered":"https:\/\/nau.edu\/university-policy-library\/?page_id=9462"},"modified":"2026-09-08T16:41:27","modified_gmt":"2026-09-08T16:41:27","slug":"nondiscrimination-anti-harassment","status":"publish","type":"page","link":"https:\/\/in.nau.edu\/university-policy-library\/nondiscrimination-anti-harassment\/","title":{"rendered":"Nondiscrimination and Anti-Harassment"},"content":{"rendered":"
Policy Owner:<\/strong> Senior Vice President, Legal Affairs and General Counsel Policy – Click here for a printable pdf<\/a><\/strong><\/p>\n Appendix “A” – Click here for a printable pdf<\/a><\/strong><\/p>\n Northern Arizona University (NAU) is committed to providing a working and learning environment free from discrimination, harassment, including sexual harassment, and retaliation. This policy prohibits discrimination and harassment based on protected status including race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity and expression, or genetic information. The policy also prohibits retaliation for raising concerns under this policy or participating in an investigation.<\/p>\n Harassment and discrimination based on protected status are harmful individually and institutionally and pose barriers to academic and career success. Retaliation can have a chilling effect on reporting instances of prohibited conduct and deter individuals from reporting concerns or participating in the investigative process.<\/p>\n Affiliate: <\/b>A person who belongs to one of the university\u2019s affiliations who has developed a formal relationship with the university and who has been determined to be an \u201caffiliate\u201d under the University Affiliate Policy.<\/p>\n Discrimination: <\/b>Discrimination is defined under applicable federal and state law. In general, unlawful discrimination means failing to treat people equally, at least based in part, on status that is protected under applicable law or policy. Protected status includes race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity and expression and genetic information.<\/p>\n Employee: <\/b>All individuals who have an employment relationship with the university including, for example, faculty, staff, student-employees, graduate and teaching assistants.<\/p>\n Harassment: <\/b>Harassment is a specific form of discrimination. For purposes of this policy, harassment is unwelcome behavior based upon an individual\u2019s actual or perceived protected status where, in aggregate, the incidents are sufficiently severe or pervasive that a reasonable person with the same protected characteristics as the victim of the harassing conduct would be adversely affected to a degree that interferes with their ability to participate in or to realize the intended benefits of an institutional activity, employment or resource Conduct over social media that rises to this level is prohibited.<\/p>\n Harassment, as defined above, is not protected by the First Amendment.<\/p>\n Retaliation: <\/b>For purposes of this policy, retaliation occurs when an adverse action is taken against an individual for complying with this policy, opposing conduct reasonably believed to constitute a violation of this policy, filing a report or formal complaint, seeking an accommodation under this policy, or participating in any manner in an investigation or proceeding related to this policy. Adverse actions that are likely to deter a complaining individual or others from engaging in protected activity are prohibited.<\/p>\n Sexual Harassment: (see also Title IX Sexual Harassment)<\/b><\/p>\n Title IX Sexual Harassment: <\/b>Title IX Sexual Harassment, as defined in the university Sexual Misconduct Policy, is conduct based on sex, occurring in the United States, which constitutes one or more of the following:<\/p>\n Student: <\/b>For purposes of this policy, all admitted or currently enrolled undergraduate and graduate students, including those enrolled in online classes or auditing university courses.<\/p>\n Volunteer: <\/b>A person doing work for the university under the direction and control of university officials and is not being paid by anyone for these activities.<\/p>\n Northern Arizona University prohibits discrimination or harassment based on any protected status: race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity and expression and genetic information. This includes allegations of sexual harassment and Title IX sexual harassment as defined in this policy to include quid pro quo and hostile environment sexual harassment as well as sexual assault, dating violence, domestic violence and stalking. The NAU Sexual Misconduct Policy<\/a> covers allegations of Title IX Sexual Harassment and other forms of Sexual Harassment.<\/p>\n Retaliation or retribution of any kind taken against an individual for reporting or participating in an investigation of a report made under this policy is prohibited. Retaliation is a separate, distinct and serious violation of this policy.<\/p>\n Inappropriate conduct need not rise to the level of a violation of federal or state law to constitute a violation of this policy and warrant disciplinary action or other appropriate response.<\/p>\n Enforcement of this policy is subject to relevant constitutional provisions, for example, freedom of speech and expression.<\/p>\n Members of the University community are responsible for participating in, creating, and maintaining a workplace and\/or educational environment free from all forms of prohibited discrimination, harassment and retaliation and for cooperating with any investigation of allegations of a violation of this policy.<\/p>\n It is the obligation of faculty employees, supervisors, staff employees, and administrators to whom a concern or complaint is brought to maintain the privacy of all parties to the extent possible insofar as it does not interfere with their duty to report and the university\u2019s obligation to investigate and address allegations or as required by law.<\/p>\n This policy does not cover all forms of perceived unfair treatment. Issues not covered by this policy may be appropriately referred to other university offices.<\/p>\n Although there are no time limits within which a complaint may be filed under this policy, individuals are encouraged to bring forward issues in a timely manner to facilitate an effective investigation process and resolution. Individuals may file with an outside agency, including law enforcement, the U.S. Equal Employment Opportunity Commission or the U.S. Department of Education, Office for Civil Rights. The university may continue to investigate under this policy concerning the same or related events and will not retaliate in any way against an individual who files with an outside agency.<\/p>\n As allegations under this policy may result in severe consequences, the university takes the accuracy of information in its processes very seriously. All participants have an obligation to provide truthful information. Initiating a false complaint, falsifying or withholding evidence or inducing another person to do the same, or otherwise intentionally hindering an investigation, are prohibited. This provision does not apply to reports made or information provided in good faith, even if the information later proves to be faulty or the facts alleged are not later substantiated.<\/p>\n The university may take interim actions designed to support and protect individuals and the university community even in the absence of a formal complaint or while the complaint is being processed. An employee may be placed on administrative leave if deemed appropriate under university policy or, when applicable, as governed by Title IX regulations.<\/p>\n If, after review through the appropriate university procedures, it is determined by a preponderance of the evidence that violation of this policy has occurred by an employee or student, educational and\/or disciplinary action(s) may be taken; such actions may include up to termination for employees (including student employees) and up to suspension, expulsion, or degree revocation for students. Affiliates, volunteers and other individuals violating this policy may be subject to a severing of their connection to the university, trespass from campus or any related privileges.<\/p>\n In addition to disciplinary action, the university will also consider remedies designed to address the impact of the violation on the reporting party.<\/p>\n The applicable procedures for addressing a report made under this policy will be determined by the nature of the allegations made.<\/p>\n The university has identified the following individuals as the persons responsible for compliance with certain federal laws related to discrimination and harassment. They may be contacted with questions or concerns regarding prohibited discrimination and related policies and procedures:<\/p>\n <\/p>\n Possible Sanctions or Supportive Measures That University May Impose Following the Results of Any University Investigative Proceeding under this Policy<\/strong><\/p>\n The following sets forth a non-exhaustive list of potential remedies for complainants, which the University may impose.\u00a0 Some possible sanctions include additional training or education, suspension, termination, and expulsion.\u00a0 The University may provide immediate steps and interim measures to ensure the safety and well-being of the Complainant, such as counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.<\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n Keywords:<\/p>\n Anti-harassment <\/p>\n\n Contact the Office of Civil Rights Compliance<\/a> for more information about this policy<\/p>\n
\nResponsible Office: <\/strong>Office of Civil Rights Compliance
\nEffective Date: <\/strong>August 14, 2020
\nLast Revised:<\/strong> July 30, 2025
\nContact:<\/strong> Associate Vice President and Chief Civil Rights Officer<\/p>\n
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Policy Summary<\/h4>\n
Reasons for this Policy<\/h4>\n
Entities Affected by This Policy<\/h4>\n
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Who Should Know This Policy<\/h4>\n
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Definitions<\/h4>\n
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Policy<\/h4>\n
A. Scope<\/h5>\n
B. Reporting a Concern or Filing a Formal Complaint<\/h5>\n
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C. Confidentiality<\/h5>\n
D. Other University Policies<\/h5>\n
E. Time Limits and Considerations<\/h5>\n
F. Obligation to Provide Truthful Information<\/h5>\n
G. Interim Actions<\/h5>\n
H. Sanctions<\/h5>\n
I. Applicable Procedures<\/h5>\n
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J. University Compliance Officers\/Offices<\/h5>\n
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Appendix “A”<\/h4>\n
\nNondiscrimination
\nRetaliation<\/p>\n<\/h4>\n
Procedure, Forms, and FAQs<\/a><\/h4>\n
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\nQuick Links<\/h4>\n