C06.0 Policy Prohibiting Discrimination, Harassment and Retaliation

This Policy applies to all members of the Rochester Institute of Technology (RIT) Community (defined below). This Policy is considered part of the conditions of employment and participation in RIT sponsored events or programs and applies only to conduct that is based on an individual’s group, class, or category (defined below). This Policy applies to conduct that takes place either on the RIT campus or at university-sponsored events or programs off campus. This Policy may also apply to off-campus conduct that does not take place at university-sponsored events or programs if an individual’s behavior interferes with another’s well-being and full participation as a member of the RIT Community.

Conduct including conflicts and concerns, not based on an individual's group, class or category may be addressed under other university policies as appropriate and may be directed to Human Resources for assessment and consultation.

This policy is not intended to address complaints against RIT students. Complaints involving student behavior should be handled under the appropriate student-focused policies: the RIT Student Conduct Process (D18.0), RIT’s Student Gender-Based and Sexual Misconduct Policy (D19.0), or RIT’s Policy on Title IX Sexual Harassment for Faculty, Staff, and Students (C27.0).

Non-consensual contact is a violation of university policy. Consensual romantic or sexual relationships between RIT employees and between RIT employees and students are governed by Policy C23.0 Consensual Romantic or Sexual Relationships. If a consensual romantic relationship is permitted under C23.0, the standard of consent that applies to the individuals is the affirmative consent standard, as outlined in the policies referenced above.

An individual wishing to report a violation of this Policy by an RIT staff or faculty member, may do so by following the provisions of this Policy. Reports against a visitor or non-community member (e.g. a prospective student, a guest of a student, a member of another university’s team, a local resident, etc.) should be directed to Public Safety. Depending on the facts and circumstances of the report and involved parties, the university will review, assess, and respond to all reports raised under this Policy and take appropriate action as necessary. Any investigation into allegations of violations of this Policy shall be prompt, adequate, reliable, and impartial. If the individual reporting a violation of this Policy requests confidentiality and/or that the university takes no action with respect to the report, the university will consider the request. In all cases, the university retains the right to act as it deems necessary on any information that comes to its attention.

Where reported conduct involves a potential violation of both this Policy and other university policies, or where evidence exists to support additional allegations against either party, the university may choose the policy and process under which to investigate and/or adjudicate the potential misconduct, provided that doing so would not unduly delay a prompt or equitable resolution of the report. In all instances, it is RIT’s sole discretion to determine which policy is used to resolve the matter based on the facts of the case.

1. Freedom of Speech and Expression, and Academic Freedom Statement
   
   The RIT community is committed to a diverse, inclusive and dynamic learning, working, and living environment. It is committed to an environment that encourages, promotes and protects free inquiry and free expression. Members of the RIT community have the right to hold, express vigorously, defend and openly promote their ideas and opinions. This Policy is not intended to restrict freedom of speech or any form of artistic or visual expression. It is also not intended to restrict discussion and debate in the classroom or academic forum. Protecting these values, however, does not include protecting acts of Discrimination, Harassment or Retaliation (defined below). 
    
2. Anti-Discrimination Statement
   
   RIT will not discriminate in terms and conditions of employment, admission, and participation in programs or residential life. It prohibits Discrimination, Harassment, and Retaliation of all types on campus, or at any RIT activities off campus, by its administrators, faculty, staff, students and student organizations, and external organizations and individuals in their operations with RIT.
   
   This Policy is exclusive of Title IX of the Education Amendments of 1972 (“Title IX”) which is a federal law that prohibits discrimination on the basis of sex under any education program or activity receiving federal financial assistance. Any member of the RIT Community alleged to have violated Title IX shall be subject to the provisions of RIT’s Policy on Title IX Sexual Harassment for Faculty, Staff, and Students (C27.0). The initiation of an investigation of a potential violation of Title IX does not preclude the application of other university policies, including Policy C06.0, to investigate the same issue if, in the discretion of the university, a Title IX case is dismissed or if the allegations apply to additional policies.
    
3. Anti-Retaliation Statement
   
   Retaliating against someone who has reported a concern under this Policy, or making an intentionally false charge of discrimination or harassment, is strictly prohibited. RIT expects all parties to act in good faith when adjudicating matters under this Policy. This includes a strict prohibition on knowingly making false statements, submitting false information, and/or withholding evidence during any phase of the process. .
   
   False reports should be reported promptly and may result in disciplinary action independent of the sanction or interim measures imposed in response to the underlying allegations. Complaints alleging Retaliation for concerns raised under this Policy shall be governed by this Policy and utilize the same procedures for filing complaints alleging violations of this Policy.
    
4. Reservation of Rights Statement
   
   RIT reserves the right to remedy and discipline behavior that is offensive even if it is not in violation of this Policy if it may otherwise lead to a violation of this Policy if left unaddressed. However, the fact that a person was personally offended by a statement or incident does not alone constitute a violation of this Policy. RIT shall consider the context of a communication or incident, the relationship of the individuals involved in the communication or incident, whether an incident was an isolated incident or part of a broader pattern or course of offensive conduct, the seriousness of the incident, the impact of the incident and whether such conduct is reasonably offensive to other individual’s sharing the Complainant’s group, class or category.
   
   Nothing in this Policy relieves RIT of the obligation to adhere to federal, state, and local laws. This Policy will be applied and/or modified in a particular case to the extent RIT determines necessary to comply with the applicable federal, state and local law. Nor is this Policy intended to, nor does it create, any contractual, legal, or other right for any individual, and does not impose any contractual or legal obligation on the university.

Terms defined below apply to this Policy and its Procedures. It incorporates by reference terms defined in RIT’s Policy on Title IX Sexual Harassment for Faculty, Staff, and Students (C27.0) and RIT’s Student Gender-Based and Sexual Misconduct Policy (D19.0).

1. Bullying means unwanted, repeated, and aggressive behavior that involves a real or perceived power imbalance. Bullying based on an individual’s group, class, or category, by any means, is a violation of this Policy.
2. Business Day means Monday through Friday and does not include official RIT holidays. When a deadline falls on a weekend or a university holiday, the next business day shall be the applicable deadline.
3. Complainant means any RIT faculty, staff or student who alleges they experienced conduct that could constitute a violation of Policy. RIT is the Complainant when: (1) RIT elects to investigate reports of potential violation(s) of university Policy; or (2) a Non- Member Complainant is the person who experienced prohibited conduct. A Complainant cannot remain anonymous.
4. Confidential Resources means RIT employees or offices designated as a resource with whom students or employees may speak confidentially concerning Discrimination, Harassment, or Retaliation, or who receives information regarding such an incident under circumstances that render the employee’s communications confidential or privileged under law.
5. Education Program or Activity means any program or activity that occurs: (1) on campus; or (2) at any off-campus location over which RIT has substantial control, including buildings or property owned or controlled by any recognized employee, student or organization; or (3) within computer and internet network, digital platforms, and computer hardware or software owned or operated by, or used in the operations of RIT’s programs and activities over which RIT has substantial control.
6. Group, class or category includes race, religion, age, citizenship, national origin, including shared ancestry or ethnic characteristics, color, creed, culture, including Deaf culture, actual or perceived disabilities, gender, sex, marital status, political affiliation or preference, military or veteran status, sexual orientation, gender identity, gender expression, or genetic predisposition. It may also include other categories protected by applicable federal and state laws.
7. Hostile Work Environment means a workplace situation where an individual cannot reasonably perform their work, due to unwelcome conduct by members of the RIT community which is based on that individual's group, class, or category.
8. Non-Member Complainant means a person who alleges they have experienced conduct in violation of this Policy but who is not a faculty member, staff member, or student at RIT.
9. Policy means RIT’s Policy Prohibiting Discrimination, Harassment and Retaliation (C06.0).
10. Preponderance of the Evidence means that, after considering all of the supporting documents and evidence regarding an incident, it is more likely than not that the incident occurred. All factual determinations relating to alleged violations of this Policy will be determined using the preponderance of the evidence standard.
11. Procedures mean the processes established for the implementation of this Policy.
12. Protected Activity means actions taken in good faith by individuals to assert their rights or the rights of others under this Policy or applicable laws. Such activities include, but are not limited to:
    1. making a formal or informal complaint of discrimination or harassment based on a Protected Class, whether on one’s own behalf or on behalf of others, or encouraging others to do the same;
    2. participating in any investigation, proceeding, hearing, or legal action related to a claim of discrimination or harassment based on a Protected Class; or
    3. exercising  rights under any law that protects individuals based on a Protected Class.
13. Reporting Person means any individual who reports an actual or perceived violation of university policy but who is not a Complainant. Any individual may file a report. An individual who allegedly experienced conduct that may constitute a violation of policy and wishes to remain anonymous will be treated as a Reporting Person.
14. Respondent means any individual alleged to have engaged in conduct alleged to be a violation of this Policy.
15. RIT Community means any individual authorized to be on the RIT campus including administrators, faculty, staff, students and student organizations, alumni, and external organizations and individuals in their operations with RIT (e.g., interns, temporary employees, contractors, vendors).
16. RIT Student means undergraduate, graduate, non-degree seeking, students in not-for- credit programs, and all persons taking courses or training at RIT as well as RIT Students on co-op and students not officially enrolled during a particular term, but who have a continuing relationship with the university.
17. RIT Supervisor means any person in a position at RIT who is empowered to take tangible employment actions towards other individuals. This may include, but is not limited to, writing performance evaluations, hiring, firing, promoting, or reassigning individuals. This definition shall apply whether or not the person supervises any of the parties involved in an allegation of Discrimination, Harassment or Retaliation.

1. Prohibition. RIT does not discriminate and shall take reasonable steps to prevent Discrimination, Harassment, and Retaliation, to prevent the recurrence of Discrimination, Harassment, and Retaliation, and to remedy the discriminatory effects on members of the RIT Community, if appropriate. Discrimination, Harassment, and Retaliation are also considered forms of employee misconduct subject to corrective actions including, but not limited to, termination of employment. Instances of repeated conduct, shall be considered when determining the appropriate corrective action for violations of this Policy. Additionally, Discrimination, Harassment, and Retaliation are unlawful under federal, state, and (where applicable) local law. Except where distinctions are bona fide or otherwise permitted or required by law, the university prohibits Discrimination, Harassment and/or Retaliation as a basis for:

   1. making admissions or hiring decisions at RIT, or
   2. determining participation in programs at RIT or sponsored by RIT, or
   3. making decisions affecting the terms and conditions of an individual's employment or advancement, grade or academic standing, or access to any benefit or privilege at RIT, or
   4. administering disciplinary processes.
       

2. Discrimination. RIT prohibits and does not tolerate Discrimination, which is the treatment of an individual based on that individual's group, class, or category except where distinctions are bona fide or otherwise permitted or required by law. Discrimination can occur with or without the specific intent to treat others differently. When conduct has the result of disproportionally impacting members of a particular group, class, or category, it may be deemed to be discrimination in violation of this Policy regardless of whether a discriminatory intent exists. Discrimination includes Harassment (defined below) and Sex Discrimination. Sex Discrimination is the adverse treatment of an individual based on that individual’s gender, sexual orientation, gender identity, or gender expression. Sex discrimination includes Gender-Based Harassment, Sexual Harassment, Sexual Misconduct, and Sexual Violence. Sexual Misconduct and Sexual Violence are further defined in RIT’s Policy on Title IX Sexual Harassment for Faculty, Staff, and Students (C27.0) and RIT’s Student Gender-Based and Sexual Misconduct Policy (D19.0).

3. Harassment. RIT prohibits and does not tolerate Harassment, which is abuse, threats, intimidation, assault, coercion and/or unwelcomed conduct based on that individual's group, class, or category by any means, including but not limited to, physical, verbal or signed communication, written, photographic or electronic means which has the purpose or effect of:

   1. unreasonably interfering with an individual’s work, academic performance or activities, or participation in RIT sponsored programs or events, or
   2. creating an intimidating, hostile or abusive environment for an individual at RIT or in RIT sponsored or supervised programs or events.
       

   Harassment is not limited to the physical workplace itself. It can occur while traveling for RIT-related business or academic reasons, at RIT-sponsored events or parties, online, or otherwise away from the workplace premises or outside of work hours. Harassment need not be severe or pervasive to be unlawful. When such Harassment becomes more than petty slights or trivial inconveniences as to unreasonably interfere with an individual’s ability to work, learn, or participate in RIT’s programs, it is in violation of this Policy.

4. Gender-Based Harassment. RIT prohibits and does not tolerate Gender-Based Harassment, which is much like Sexual Harassment (defined below) and is evaluated based on the same standards. However, Gender-Based Harassment need not be sexual in nature and is instead characterized by hostility because of gender, gender expression, or gender-stereotyping, including failing to conform to stereotypical notions of masculinity or femininity.

5. Sexual Harassment. RIT prohibits and does not tolerate Sexual Harassment, which is a form of Harassment based on unwelcomed conduct of a sexual nature which is made a term or condition of employment or academic status, or unreasonably interferes with the work or educational environment, or the submission to or rejection of such conduct is used as the basis for employment decisions. Unwelcome conduct is conduct that is not initiated by the recipient or which is regarded as offensive to the recipient, without regard to the intent of the individual engaging in the conduct. Examples of Sexual Harassment may include, but are not limited to:

   1. Physical assaults of a sexual nature, such as:
      1. Touching, pinching, patting, grabbing, brushing against another employee's body or poking another employee's body;
      2. Rape, sexual battery, molestation, or attempts to commit these assaults.
   2. Stalking (as that term is defined in Policy C27.0)
   3. Unwanted sexual advances or propositions, such as:
      1. Requests for sexual favors accompanied by implied or overt threats concerning the victim's job performance evaluation, a promotion or other job benefits or detriments;
      2. Subtle or obvious pressure for unwelcome sexual activities.
   4. Sexually oriented gestures, noises, remarks, jokes, or comments about a person's sexuality or sexual experience, which create a Hostile Work Environment.
   5. Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.
   6. Sexual or discriminatory displays or publications anywhere in the workplace, such as displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials, or materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace.
   7. Hostile actions taken against an individual because of that individual's sex, sexual orientation, gender identity, and status of being transgender, such as:
      1. Interfering with, destroying or damaging a person's workstation, tools or equipment, or otherwise interfering with the individual's ability to perform the job;
      2. Sabotaging an individual's work.
      3. Bullying, yelling, name-calling.
   8. Except as otherwise stated herein, Sexual Harassment as defined in this Policy does not include Title IX Sexual Harassment, which is addressed in RIT’s Policy on Title IX Sexual Harassment for Faculty, Staff, and Students (C27.0). . However, Title IX Sexual Harassment that does not otherwise meet the jurisdictional requirements to be adjudicated under Policy C27.0 may be adjudicated under this Policy.

6. Retaliation. RIT prohibits and will not tolerate Retaliation against any member of the RIT Community who, in good faith, engages in Protected Activity.

   1. For conduct to constitute Retaliation under this Policy, the member of the RIT Community must have experienced an adverse action as a direct result of engaging in Protected Activity.
   2. Generally, with respect to employees, an adverse action is one that negatively affects the terms and conditions of employment. With respect to non-employees, an adverse action is one that negatively affects the nature of their operations with RIT.
   3. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours), but it must have a causal connection to the workplace. Adverse action must diminish a benefit such as compensation, hours worked, privileges of employment, renewal of contracts, or changes in responsibilities, that could reasonably dissuade an individual from engaging in a Protected Activity.
   4. Retaliation should be reported promptly and may result in disciplinary action independent of the sanction or interim measures imposed in response to the underlying allegations. Complaints alleging retaliation for reporting conduct under this Policy shall be governed by this Policy and any accompanying procedures.
       

7. Duty to Report. All members of the RIT community are encouraged to report any misconduct covered by this policy that they witness or learn about. All RIT employees, unless specifically designated a Confidential Resource, are required to report any information they receive, directly or indirectly, related to sexual Discrimination, including Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, and Stalking. All employees in positions of authority—such as officers, managers, supervisors, senior administrators, or anyone with the power to make employment decisions (e.g., hiring, firing, promotion, or discipline) —are also required to report any misconduct under this policy that they witness or learn about, unless they have been designated a Confidential Resource.

8. Confidentiality. Confidentiality will be maintained consistent with a thorough investigation and resolution of any allegation of a violation of this Policy and in accordance with applicable federal, state, and local laws. Information shared by an individual with a designated Confidential Resource or community professionals cannot be revealed to others without the express permission of the individual. It should be understood that information shared with a non-designated Confidential Resource may be shared with a limited number of others only as necessary to investigate and successfully resolve an allegation of Discrimination, Harassment or Retaliation, or other RIT policy(ies). This may include individuals who are possible sources of relevant information and RIT Supervisors.

9. Records of Allegations. Allegations of Discrimination, Harassment, or Retaliation will be recorded in a central, confidential employee relations file. These records are maintained by Human Resources in accordance with the provisions of the RIT Records Management Policy (C22.0).

1. Filing Complaints Under This Policy. Members of the RIT Community who have experienced, witnessed, or become aware of behavior that they believe violates this Policy are encouraged to report any such conduct. Complaints may be made in person or in writing to Human Resources, Office of Legal Affairs, Office of the Vice President for Access, Engagement, and Success, Office of Compliance & Ethics, Public Safety, the RIT president, any RIT vice president, or any RIT Supervisor. Regardless of the manner of reporting, the University will review, assess, and respond to all concerns and complaints raised under this Policy and take appropriate action as necessary.

   1. RIT Community members may also file a report on line using the Employee-Related Incident or Concern Form.

   2. RIT community community members alleging Discrimination or Harassment based on sex or gender are encouraged to bring complaints to the Title IX Coordinator and/or Deputy Title IX Coordinators. Complaints may be made verbally or in writing using the Sexual Harassment, Discrimination, and Sexual Misconduct Reporting Form.

   3. All RIT Supervisors who receive a complaint or information about suspected violations of this Policy, observe what may be behavior in violation of this Policy, or for any reason suspect that behavior in violation of this Policy is occurring, are required to report such suspected behavior to Human Resources or the Office of Compliance and Ethics. RIT Supervisors who fail to report, or otherwise knowingly allow, such suspected behavior may be subject to discipline.

   4. Discrimination, Harassment and Retaliation is also prohibited by state, federal, and, where applicable, local law. Employees may additionally choose to pursue legal remedies with administrative, criminal, and judicial governmental entities at any time. Additional information about these entities can be found here.

2. Investigatory Processes and Procedures. The procedures governing the intake, assessment, investigation, and resolution of complaints under this policy are outlined by the Office of Compliance and Ethics. These procedures vary based on the nature of the alleged conduct, the roles of the individuals involved, and the applicable university policies. Members of the RIT community are encouraged to consult the Office of Compliance and Ethics website for the most current and comprehensive information regarding investigatory protocols, timelines, and the rights and responsibilities of involved parties. This information is available at: https://www.rit.edu/fa/compliance/investigations-and-reviews.

3. Determining the Outcome of an Investigation. Human Resources shall be responsible for making a determination with respect to policy violation(s) and recommended corrective action(s) as appropriate.

4. Appeals. There is no right to appeal the outcome under this Policy. The Complainant and the Respondent can, however, commence a grievance in accordance with the provisions of the Staff Grievance Policy (E30.0) or the Faculty Grievance Policy (E24.0).

Responsible Party: Department of Human Resources and Office of Legal Affairs

Effective Date: October 15, 1997

Policy History
2002-2003 Edited to reflect department name changes
Edited May 13, 2009
Edited August, 2010
Edited October 2010
Edited August 2012
Revised October 2013
Edited March 2014
Revised October 2016
Approved as an interim policy November 2016
Revision approved March 2017
Approved as an interim policy November 2018
Approved as an interim policy August 2021

Interim policy status removed December 2021

Revisions approved by University Council on March 4, 2026 - Sections I, II, III, IV.E - I and V.