HARASSMENT AND DISCRIMINATION POLICY

I. GENERAL POLICY

Chapman University is committed to providing an environment which is free of any form of harassment and discrimination based upon an individual's race, color, religion, ancestry, national origin, gender, marital status, sexual orientation, age, disability, veteran status, or any other classification protected by law, so that all members of the community are treated at all times with dignity and respect. It is the University's policy, therefore, to prohibit all forms of such harassment or discrimination among University faculty, students, staff, and administration.

The University's administration, faculty, staff, and students are each responsible for creating and maintaining an environment conducive to work, study, and learning. Harassment and discrimination, in any form prohibited by this policy, impede the realization of the university's mission to provide an education of distinction in a dignified and respectful learning environment.

It is the duty of every member of the faculty, staff, and administration to assure compliance with this policy by promptly reporting allegations of policy violations to the University's Equal Opportunity Officer. Students are also strongly encouraged to report any alleged violations of this policy, and may do so by contacting either the Equal Opportunity Officer or the Dean of Students. The University will strive to review any charges in a confidential, sensitive, and expeditious manner consistent with due process and the rights of all concerned parties.

In addition to or in lieu of the procedures set forth in this policy, any individual who feels he or she has been subjected to unlawful harassment or discrimination may contact the California Department of Fair Employment and Housing, the United States Equal Opportunity Commission, or Office of Civil Rights.

I.A. Definitions

1. Discrimination For purposes of this Policy, the term "discrimination" refers to conduct that subjects an individual to disparate treatment on the basis of race, color, religion, ancestry, national origin, gender, marital status, sexual orientation, age, disability, veteran status, or any other classification protected by law. This would include within its scope alleged conduct that deprives an individual of academic, employment, or other opportunities offered by the University on the basis of such protected characteristics. Examples of types of discriminatory conduct prohibited by this policy include:

Depriving an individual of employment opportunities on the basis of a protected characteristic such as:

(i) refusing to hire or promote a person because of a protected characteristic;

(ii) terminating a person on the basis of a protected characteristic;

(iii) subjecting an employee to different performance standards or reviews because of a protected characteristic, other than in conjunction with a reasonable accommodation offered to a qualified individual with a disability, or

(iv) depriving an employee of job benefits on the basis of a protected characteristic.

b. Depriving an individual of academic opportunities on the basis of a protected characteristic such as:

(i) refusing admission to academic programs on the basis of a protected characteristic;

(ii) subjecting individuals to different academic standards on the basis of a protected characteristic;

(iii) refusing access to university housing, recreational, or social activities on the basis of a protected characteristic;

2. Harassment For purposes of this policy, the term "harassment" refers to conduct that meets all of the three criteria (a, b, and c) defined below:

a. unwelcome;

(i) For purposes of this policy, conduct is considered "unwelcome" if, under the totality of the circumstances it is 1) neither solicited nor incited; and 2) it is regarded by the recipient as undesirable or offensive.

b. directed or related to an individual's race, color, religion, ancestry, national origin, gender, marital status, sexual orientation, age, disability, veteran status or any other classification protected by law;

c. when either of the following conditions exist:

(i) It is implicitly or explicitly suggested that submission to or rejection of the conduct will be a factor in academic or employment decisions, evaluations, or permission to participate in a University activity; or

(ii) The conduct would be offensive to a reasonable person under the circumstances in question and, if not corrected, could interfere with an individual's academic or work performance or create or substantially contribute to an intimidating or hostile work, academic, or student living environment. In determining whether the alleged conduct constitutes discrimination or harassment under this policy, consideration of the incident will include but not limited to the totality of the circumstances, the context in which the alleged incident(s) occurred, the relationship of the parties, whether the alleged offending party was asked to cease the offending conduct and principles of academic freedom.

Examples of types of harassment prohibited by this policy include:

a. verbal harassment, such as harassing phone calls, jokes, slurs, epithets, anecdotes, or other derogatory statements directed to an individual or group of individualsí race, color, religion, ancestry, national origin, gender, marital status, sexual orientation, age, disability, veteran status or any other classification protected by law other than in an appropriate academic study of such activity; or

b. visual, through the use of writings, graffiti, e-mail, posters, objects, or symbols that ridicule or demean an individual or group of individualsí race, color, religion, ancestry, national origin, gender, marital status, sexual orientation, age, disability, veteran status or any other classification protected by law other than in an appropriate academic study of such material; or

c. physical, such as unwanted touching, stalking, or impeding an individual's free movement on the basis of a protected characteristic.

Sexual harassment, for purposes of Chapman University's Sexual Harassment Policy, is sexual conduct meeting the above criteria and is the subject of further definitions contained in the University's Sexual Harassment Policy.

I.B. Scope of The University's Harassment And Discrimination Policy

1. Persons to whom the policy applies:

This policy applies to all Chapman University administrators, faculty, and staff. This policy also applies to all students, although alleged violations of this policy and disciplinary actions involving students shall be conducted and determined by the Dean of Students or his/her designee in accordance with the Student Conduct Code. Independent contractors and others conducting business at the University are also expected to conform their conduct to the University's Harassment and Discrimination Policy, and alleged violations of this policy by such persons should be reported.

2. When the policy applies:

a. on-campus activities. This policy applies to all on campus activities at the Orange Campus, School of Law, Academic Centers, or any other University facility.

b. off-campus activities. This policy also applies to "off campus" activities that are University related. Examples of activities that normally would fall into this category are:

a) for all persons (University administrators, faculty, staff, and students):

(i) off-campus activities that are sponsored by or associated with the University; or

(ii) off-campus activities that derive from class assignments or for which credit may be received;

b) For University personnel (University administrators, faculty and staff):

(i) off-campus activities that occur during their normal working hours;

(ii) off-campus activities that involve students; or off-campus activities that occur outside their normal working hours that materially derive from, relate to, or bear upon their official capacities.

I.C. Confidentiality

To the extent possible, the University will make a reasonable effort to conduct all proceedings related to harassment and discrimination allegations in a manner which will protect the confidentiality and privacy interests of all parties. Examples of situations where confidentiality cannot be maintained include circumstances when the University is required by law to disclose information and when disclosure is warranted by the University in order to protect the rights of others. In addition to these efforts by the University, all parties to the alleged complaint should treat the matter under investigation with discretion and respect for the reputation of all parties involved.

I.D. Academic Freedom

Chapman University is an institution dedicated to learning and teaching and for this reason it is committed to the protection of the principle of academic freedom. All members of the University community have a right to use the academic forum provided by the University to discuss subjects and to express ideas with which members of the community may disagree or be uncomfortable. Within a University committed to the principle of academic freedom there can be no forbidden ideas. Consequently, faculty members, as experts in their disciplines, have not only the right but also the responsibility to select those materials and pedagogical tools which are appropriate to the content of the courses they teach.

Faculty members and students engaged in the creation and presentation of works of the visual and the performing arts are as much engaged in pursuing the mission of the University as are those who write, teach, and study in the other academic disciplines. These presentations, therefore, merit no less protection.

This policy fairly balances the imperative of protecting academic freedom while providing a learning and working environment free of harassment and discrimination. Words, visual images, and behavior which are disturbing to an individual or group of individuals are not necessarily a violation of this policy. Concerns or alleged charges regarding a violation of this policy will, therefore, be carefully reviewed with full consideration given to the protection of freedom of speech, academic freedom, and the pedagogical requirements of the course. As an academic institution, Chapman is obliged to ensure that regulations and procedures do not impair freedom of expression or discourage creativity by subjecting artistic work to tests of propriety or ideology.

In the context of conduct, speech, or ideas that occur or are shared as part of a class or course, the following considerations should be applied in assessing whether the conduct is harassing conduct and whether the conduct would be "offensive to a reasonable person under the circumstances":

1. whether the conduct seeks to demean or ridicule a specific individual, such as a class participant on the basis of that individual's protected characteristic;

2. whether the conduct involves an offensive touching;

3. whether the conduct was directed to a particular person; and

4. whether the conduct was persistent and pervasive.

I.E. Protection Against Retaliation

Retaliation against an individual who in good faith brings a charge of harassment or discrimination, otherwise reports harassment or discrimination, or participates in an investigation under this policy is prohibited by University policy and state and federal law. Retaliation is a serious violation which can subject the offender to sanctions independent of the merits of the harassment or discrimination allegation.

I.F. Education

The University recognizes that educating faculty, staff, students and administrators about this policy and the problems it addresses plays a significant role in maintaining a campus environment that is free of harassment and discrimination. There are at least four major goals to be achieved through education: (1) ensuring that all victims and potential victims are aware of their rights; (2) notifying individuals of conduct that is proscribed; (3) informing administrators about the proper way to address complaints of alleged violations of this policy; and (4) helping educate the uninformed about the behavior this policy addresses.

In keeping with this objective, an annual letter from the University's Equal Opportunity Officer will be sent to all administrators, faculty, and staff to remind them of the contents of the University's Harassment and Discrimination Policy. A copy of this policy will be included in student, faculty, and employee orientation materials, and it will also be in the Student Conduct Code, the Faculty Manual, the Student Handbook, and the Staff and Administrative Handbook. In addition, copies of this Policy will be available in the Equal Opportunity Office.

This policy will be reviewed annually.

II. POLICY HARASSMENT SEXUAL

II.A. Sexual Harassment Policy Overview

Chapman University is committed to providing an environment which is free of sexual harassment in any form and applies regardless of the sex of the alleged victim or of the alleged offending party and would include within its scope harassment directed to members of the same sex as well as harassment of members of the opposite sex. Sexual harassment is a form of harassment and discrimination strictly prohibited under the University's Harassment and Discrimination Policy. Accordingly, the provisions of that policy shall apply fully to the interpretation, application, and enforcement of this Sexual Harassment Policy.

Because the University's goal is to create an environment free of any form or degree of sexual harassment, the scope of conduct prohibited under this policy is intended to be broader in scope than the definition of unlawful sexual harassment under state and federal non-discrimination laws while still including such unlawful conduct within its scope. Thus, a person may be found to be in violation of Chapman's Sexual Harassment Policy even though the conduct in question does not rise to the level of unlawful sexual harassment.

II.B. Definitions

1. Sexual Harassment. For purposes of this Policy, the term "sexual harassment" refers to unwelcome conduct of a sexual nature when:

a. it is implicitly or explicitly suggested that submission to or rejection of the conduct will be a factor in academic or employment decisions, evaluations, or permission to participate in a University activity; or

b. the conduct would be offensive to a reasonable person under the circumstances in question and, if not corrected, could interfere with an individual's academic or work performance or create or substantially contribute to an intimidating or hostile work, academic, or student living environment.

In determining whether the alleged conduct constitutes sexual harassment under this policy, consideration shall be given to the record of the incident as a whole including but not limited to repetitive, persistent, and accumulative alleged incidents. Harassment and discrimination as defined by this policy constitutes a form of intimidation which is inconsistent with a campus that fosters a free and supportive learning and academic environment.

2. Conduct of a Sexual Nature. This includes conduct that is verbal, visual, or physical. Conduct of a sexual nature may either be explicitly sexual or may involve conduct that derives its sexual nature from the circumstances in which the conduct occurs or when combined with other conduct that occurs in a sexual context. Conduct does not need either to express any sexual desire or to be directed to a specific person and can include conduct that attempts to demean, control, or stereotype others on the basis of their sex. While it is not possible to list every form that sexual conduct may take, the following are illustrative:

a. sexual jokes, innuendoes, slurs or sexually suggestive comments other than in an appropriate academic study of such activity;

b. sexually explicit or sexist statements or anecdotes or questions or statements about sexual activity other than in an appropriate academic study of such activity;

c. unwanted sexual advances, propositions, invitations, or other forms of pressure (either blatant or subtle) for sexual activity;

d. offensive touching, including engaging in unwanted hugging, patting, kissing, or brushing up against someone's body, or other inappropriate sexual touching;

e. knowingly invading another's personal space in a sexually suggestive manner;

f. displaying sexually suggestive pictures, objects, posters, cartoons, or calendars other than in an appropriate academic study of such activity;

g. making sexual gestures;

h. sending suggestive or obscene notes or phone calls or e-mail.

3. Unwelcome conduct. For purposes of this policy, conduct is considered "unwelcome" if, under the totality of the circumstances it is 1) neither solicited or incited; and 2) if it is regarded by the recipient as undesirable or offensive.

4. Offensive to a Reasonable Person. For purposes of this policy, a determination whether the conduct would be offensive to a reasonable person shall be determined under the totality of the circumstances, including but not limited to the nature and context of the conduct, its frequency, the relationship of the parties, whether the offending party was asked to cease the offending conduct, and whether the offending party did so.

II.C. Prohibited Conduct

The following conduct is strictly prohibited:

1. engaging in sexual harassment as defined by this policy;

2. engaging in threats or reprisals to dissuade another from reporting sexual harassment under this policy;

3. impeding or obstructing the investigation under this Policy of complaints of sexual harassment; or

4. retaliating in any manner against someone from pursuing or participating in a charge of sexual harassment.

II.D. Consensual Relationships

There are special risks in any sexual or romantic relationship between individuals in inherently unequal positions (such as teacher and student, supervisor and employee, student and administrator, or student resident and the individual who supervises the day-to-day student living environment).

These risks are particularly high in relationships involving students. Because of the respect and trust accorded a professor or administrator by a student and the power exercised by the professor or administrator in giving praise or blame, grades, recommendations for further study or future employment, the studentís actual freedom of choice is greatly diminished when sexual demands are made. Therefore, consenting romantic and sexual relationships between faculty or administrators and students, while not expressly forbidden, are generally deemed unwise. Codes of ethics for most professional associations forbid professional-client sexual relationships. Therefore, faculty and administrators need to be aware of the possible costs of even an apparently consenting relationship, in regard to the academic efforts of both faculty member and student.

A faculty member or administrator who enters into a sexual relationship with a student (or supervisor with an employee) where a professional power differential exists, must realize that if a charge of sexual harassment is subsequently lodged, it will be exceedingly difficult to prove immunity on grounds of mutual consent. Parties in such a relationship assume those risks. Such relationships may undermine the real or perceived integrity of the supervision and evaluation provided, and the trust inherent particularly in the student-faculty relationship. They may, moreover, be less consensual than the individual whose position confers power believes. The relationship is likely to be perceived in different ways by each of the parties to it, especially in retrospect.

Moreover, such relationships may harm or injure others in the academic or work environment. Romantic and sexual relationships between supervisor and employee are also discouraged, and for the same reasons. Relationships in which one party is in a position to review the work or influence the career of the other may provide grounds for complaint when that relationship gives undue access or advantage, restricts opportunities, or creates a hostile environment for others. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic involvement, this past consent does not remove grounds for a charge based upon subsequent unwelcome conduct. In any such relationship, mutual consent will not guarantee immunity from charges of sexual harassment.

III. PROCEDURES FOR ADDRESSING CONCERNS ABOUT HARASSMENT
AND DISCRIMINATION

III.A. Overview

The University has developed a range of resources to address issues of harassment and discrimination. They have been structured to offer a range of options for resolving questions and concerns. The procedures range from informal educational consultations designed to assist persons in understanding this policy, the conduct prohibited by this policy, and their rights and duties hereunder, to complaint proceedings where disciplinary action, up to and including termination or expulsion, may be taken.

Persons seeking assistance under this policy may select at their option which step or steps to take. These steps are not required to be followed in any specific order, and initiating the process at one step does not preclude a party from changing to another step at a later point in time.

Persons desiring more information about these procedures are invited to contact the University's Equal Opportunity Officer.

III.B. Educational Consultations

1. Scope The University offers faculty, staff, and students the opportunity to consult with designated consultants to assist in understanding the policy, the conduct prohibited thereunder, and their rights and responsibilities.

Educational consultations are not intended to address or resolve specific instances of claimed harassment or discrimination. In such instances, the appropriate procedure is to file a complaint with the Equal Opportunity Officer, as specified below.

2. Limitations Just as it is important to understand what educational consultations can accomplish, it is also important to understand their limitations. Harassment policy consultants are not authorized or permitted, within the scope of their consultations, to do any of the following: 1) to make factual findings; 2) to recommend or undertake disciplinary action; 3) to place a note in an accused person's personnel, student, or faculty file; 4) to report accusations to the accused personís supervisors; or 5) to authorize any change of job duties, leave of absence, or other accommodation to an aggrieved party.

3. A word about Confidentiality It is the university's policy, when appropriate, to treat information shared during the course of an educational consultation as confidential. Sometimes an aggrieved party, himself or herself, may desire that the information shared in the course of a consultation "not go any further" than the consultant or that it be "off the record."

Whether total confidentiality is possible depends upon a variety of factors, including: 1) legal reporting responsibilities that may exist by law; 2) whether the conduct complained is of a serious nature such as the use of physical force or coercion or threats of retaliation or favoritism; or 3) whether the conduct complained of involves misconduct directed to other persons whose rights could not otherwise be protected. In those instances, the Harassment Policy Consultant may be required to report the consultation to the University's Equal Opportunity Officer.

Persons who use the educational consultation process may do so without identifying the accused or themselves.

Persons seeking assistance also may, at their option, make use of other University counseling resources. The University offers general counseling services through student health services and the Employee Assistance Program. The University also offers a Dean of the Chapel who is available for personal consultations and ministry. Because of their special professional status, such counselors may have additional legal protection against disclosure. In seeking consultation with such a professional, any person who is concerned about disclosure should discuss those issues in advance.

4. Harassment Policy Consultants The University has trained peer advisors to serve as Harassment Policy Consultants. These consultants have been trained to become familiar with the University's Harassment Policy and the procedures it contains. Harassment Policy Consultants are not authorized to give legal advice, psychological counseling or diagnosis, or to develop, interpret, or administer University policies. Further, the Harassment Policy Consultants are not authorized to accept complaints for purposes of investigation or disciplinary actions, because those must be filed directly with the University's Equal Opportunity Officer.

Consultants have been designated and selected by the University in the following categories:

Student Peer Consultants

Staff Peer Consultants

Faculty Peer Consultants

Persons may select the consultant that they prefer, without regard to the consultant's status as a student, faculty, staff, or special professional, and may also consult with more than one consultant at their option. The University is unable to offer peer sexual harassment consultants at each of its academic centers. Students, faculty, and staff at the academic centers are invited to contact peer Harassment Policy Consultants at the Orange Campus by telephone or in person.

The identity and contact information concerning Harassment Policy Consultants is available through the University's Equal Opportunity Office, the office of the Vice-President and Dean of Students, Human Resources Office, and the main office of the academic centers.

III.C. Complaints of Harassment or Discrimination

Any person who feels he or she has been subjected to harassment or discrimination in violation of this policy or who feels he or she is aware of prohibited harassment or discrimination directed toward others may file a complaint with the University Equal Opportunity Officer ("EOO"), whose offices are located in the Administration Building. Persons at the academic centers are also urged to file complaints with the EOO, but alternatively complaints may also be filed with the center director who will then forward the complaint to the EOO for investigation and handling.

The University requests that complaints be made in writing to assure the accuracy of the charge, although verbal complaints will also be accepted.

Upon receipt of a complaint, the EOO will conduct a preliminary assessment of the complaint to determine whether the complaint can be handled through an informal resolution process. To resolve a complaint informally, it is necessary to obtain the written consent of 1) the complaining party; 2) the accused; and 3) the University.

Complaints that are not eligible for informal resolution shall be further investigated by the University’s EOO, and the results of such investigation shall be submitted for formal resolution to the appropriate vice-president. The applicable procedure for formal resolution shall depend primarily upon the status of the person or persons accused of a policy violation. The status of the accusing party may be taken into consideration in cases in which the accusing party is a student and modification of the procedures is necessary to protect the well-being of the student while still assuring a full and fair investigation for the accused. Complaints of harassment or discrimination against students shall be reviewed and resolved in accordance with the disciplinary procedure for student conduct violations. Complaints against faculty generally will be reviewed and resolved under the disciplinary procedure in the Faculty Manual, and charges directed against staff or administration generally will be reviewed and resolved under the disciplinary procedures in the University's Staff and Administrative Handbook.

Other Resources

Persons who feel they may have been subjected to unlawful harassment or discrimination may also file a charge with the California Department of Fair Employment and Housing (DFEH), the United States Equal Employment Opportunity Commission (EEOC), or the Office of Civil Rights.

Non-Retaliation Policy

The University strictly prohibits any form of retaliation against individuals who have reported any incident, filed a complaint, or otherwise participated in the investigation of such a complaint.