Title IX and Equal Opportunity

Discrimination and Harassment

Reports of Other Discrimination/Harassment Not Sexual Misconduct: CNU administrators, supervisors, faculty, coaches, and assistant coaches should report other conduct in violation of this policy without undue delay after the incident. Any such report may be made orally or in writing, including electronic mail to the Director or completing the Title IX and EO Community Reporting Form.

Discrimination is inequitable treatment based on an individual's protected characteristics or statuses (race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, gender identity, marital status, military/veteran status, political affiliation, pregnancy, or any other status protected by law) that excludes an individual from participation in, denies the individual the benefits of, treats the individual differently or otherwise adversely affects a term or condition of an individual's employment, education, living environment, or participation in an educational program or activity. This includes failing to provide reasonable accommodation, consistent with state and federal law, to persons with disabilities.

Harassment is a form of discrimination in which unwelcome verbal, written or physical conduct is directed toward an individual on the basis of his or her protected characteristics or statuses (race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, gender identity, marital status, military/veteran status, political affiliation, pregnancy, or any other status protected by law), by any member of the campus community. Harassment does not have to include intent to harm, be directed at a specific target or involve repeated incidents. Harassment violates this policy when it creates a hostile environment.

Hostile Environment may be conduct in any medium (e.g. oral, written, graphic, or physical) that is sufficiently severe, persistent or pervasive and objectionably offensive that interferes with, limits or denies the ability of an individual to participate in or benefit from education programs, services, opportunities, or activities or the individual’s employment access, benefits or opportunities. Mere subjective offensiveness is not enough to create a hostile environment. In determining whether conduct is severe, persistent or pervasive, and thus creates a hostile environment, the following factors will be considered:

• The degree to which the conduct affected one or more individuals’ education or employment;
• The nature, scope, frequency, duration, and location of the incident(s);
• The identity, number, and relationships of persons involved;
• The perspective of a “reasonable person” in the same situation as the person subjected to the conduct; and
• The nature of higher education.

Any CNU student or employee who believes that he or she has been unlawfully discriminated against or harassed may file a report by submitting a Title IX and EO Community Reporting Form online, or by contacting the Director of Title IX and Equal Opportunity.

Discrimination and harassment as described above is a violation of University policy and will not be tolerated.

Sexual Harassment

Non-Title IX Sexual Harassment is a form of discrimination based on sex that does not fall within the definition and/or jurisdiction of Title IX Sexual Harassment (i.e., behavior that did not occur within the United States such as study abroad and/or within a CNU program or activity such as an off-campus residence). It is defined as unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature including: verbal (e.g., specific demands for sexual favors, sexual innuendoes, sexually suggestive comments, jokes of a sexual nature, sexual propositions, or sexual threats); non-verbal (e.g., sexually suggestive emails, other writings, articles or documents, objects or pictures, graphic commentaries, suggestive or insulting sounds or gestures, leering, whistling, or obscene gestures); or physical (e.g., touching, pinching, brushing the body, any unwelcome or coerced sexual activity, including sexual assault). Sexual harassment, including sexual assault, can involve persons of the same or different sexes.

This policy prohibits the following types of Non-Title IX Sexual Harassment:

• Term or condition of employment or education: This type of Non-Title IX Sexual Harassment (often referred to as "quid pro quo" harassment) occurs when the terms or conditions of employment, educational benefits, academic grades or opportunities, living environment or participation in a CNU activity are conditioned upon, either explicitly or implicitly, submission to or rejection of unwelcome sexual advances or requests for sexual favors, or such submission or rejection is a factor in decisions affecting that individual's employment, education, living environment, or participation in a CNU program or activity.
• Hostile environment may be conduct in any medium (e.g. oral, written, graphic, or physical) that is sufficiently severe, persistent or pervasive and objectionably offensive that interferes with, limits or denies the ability of an individual to participate in or benefit from education programs, services, opportunities, or activities or the individual’s employment access, benefits or opportunities. Mere subjective offensiveness is not enough to create a hostile environment. In determining whether conduct is severe, persistent or pervasive, and thus creates a hostile environment, the following factors will be considered:
  • The degree to which the conduct affected one or more individuals’ education or employment;
  • The nature, scope, frequency, duration, and location of the incident(s);
  • The identity, number, and relationships of persons involved;
  • The perspective of a “reasonable person” in the same situation as the person subjected to the conduct; and
  • The nature of higher education.

Title IX Sexual Harassment is conduct on the basis of sex that satisfies one or more of the following:

• Quid Pro Quo is when an employee of CNU conditions the provision of an aid, benefit, or service of CNU on an individual’s participation in unwelcome sexual contact. (Quid Pro Quo is when a student, not in an employee role, of CNU conditions the provision of an aid, benefit, or service of CNU on another student’s participation in unwelcome sexual contact and shall be addressed under Process B.)
• Hostile Environment is unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that is effectively denies a person equal access to CNU’s education program or activity.
• Unwelcomeness is subjective. Severity, pervasiveness, and objective offensiveness are evaluated on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns.

Retaliation

Retaliation is any adverse action taken or threatened against a person for making a good faith report of Prohibited Conduct or participating in any proceeding under this policy. Retaliation includes intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by this policy or law, or because the individual has made a report or Formal Complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy. Action is generally deemed adverse if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy.

Retaliation is a separate offense and may result in disciplinary or other action independent of the sanctions or supportive measures imposed in response to the underlying allegations of Prohibited Conduct.

Charging an individual for making a materially false statement in bad faith in the course of the Resolution Process under this policy does not constitute retaliation, provided that the determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

Retaliation does not include good faith actions lawfully pursued in response to a report of Prohibited Conduct or the exercise of rights protected under the First Amendment.