Policies and Procedures

Discrimination is different treatment with respect to a person’s employment or participation in an education program or activity based, in whole or in part, upon the person’s actual or perceived Protected Characteristic(s). Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed.

Discrimination can take two primary forms:

• Disparate treatment discrimination – Any intentional differential treatment of a person or persons that is based on a person’s actual or perceived Protected Characteristic(s) and that:
  • Excludes a person from participation in; Denies the person benefits of; or otherwise adversely affects a term or condition of a person’s participation in a University program or activity.
• Disparate impact discrimination – Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:
  • Excludes a person from participation in; Denies the person benefits of; or otherwise adversely affects a term or condition of a person’s participation in a University program or activity.

• Unwelcome conduct on the basis of actual or perceived Protected Characteristic(s),
• based on the totality of the circumstances,
• that is subjectively and objectively offensive, and
• is so severe or pervasive,
• that it limits or denies a person’s ability to participate in or benefit from the University’s program or activity.

Form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; sexual assault, dating violence, domestic violence, and stalking.

• Quid pro quo
  • An employee of the University,
  • conditions the provision of an aid, benefit, or service of the University,
  • on an individual’s participation in unwelcome sexual conduct.
• Title VII/FHA sexual harassment applies to situations where an Employee is subjected to workplace Sexual Harassment or where a situation involves a residential Complainant in University-provided housing.
  • Unwelcome verbal, written, graphic, and/or physical conduct;
  • that is severe or pervasive and objectively offensive;
  • on the basis of sex, that
  • unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities.
• Sexual harassment (hostile environment) –
  • Unwelcome conduct,
  • determined by a reasonable person,
  • to be so severe, and
  • pervasive, and,
  • objectively offensive,
  • that it effectively denies a Complainant equal access to the University’s program or activity.

A crime of violence motivated by the need for power and control. Sexual assault is sexual contact or penetration against your will.

• Rape –
  • Penetration, no matter how slight, of the vagina or anus of a person, with any body part or object, or oral penetration
    • of a sex organ of the complainant, or
    • by the respondent’s sex organ,
  • without the consent of the complainant, including instances where the complainant is incapable of giving consent because of their age or because of a temporary or permanent mental or physical incapacity.
• Fondling –
  • The intentional touching of the clothed or unclothed body parts of the complainant by the respondent, or the forced touching by the complainant of the respondent’s clothed or unclothed body parts, without the consent of the complainant, for the purpose of sexual gratification, sexual degradation, or sexual humiliation.
  • Including instances where the complainant is incapable of giving consent because of their age or because of a temporary or permanent mental or physical incapacity or intoxication for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
• Incest – sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Connecticut law.
• Statutory rape – sexual intercourse with a person who is under the statutory age of consent of 16.

Dating violence – Violence, on the basis of sex, committed by a respondent, who is in or has been in a social relationship of a romantic or intimate nature with the complainant

The existence of such a relationship shall be determined based on the complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition:

• Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse
• Dating violence does not include acts covered under the definition of domestic violence

Violence, on the basic of sex, committed by a respondent who is a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, or by a person who is cohabitation with, or has cohabitated with, the complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of Connecticut, or by any other person again an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of Connecticut.

• Abusive acts can be sexual, physical, verbal, emotional, and/or psychological.
• Abuse can also involve threats and destruction of property.

Engaging in a course of conduct, on the basis of sex, directed at the complainant, that would cause a reasonable person to fear for the person’s safety, or the safety of others; or suffer substantial emotional distress.

Cyberstalking refers to the use of the internet, e-mail, or other electronic communications devices to stalk another person.

An individual taking non-consensual or abusive sexual advantage of another, that does not constitute sex-based harassment as defined above for their own benefit or for the benefit of anyone other than the person being exploited.

• Sexual voyeurism
• Invasion of sexual privacy
• Taking pictures, videos, or audio recording of another in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity.
• Prostituting another person
• Engaging in sex trafficking

Repeated and/or severe aggressive behavior that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish the complainant, that is not speech or conduct that is otherwise protected by the First Amendment.

Threatening or causing physical harm; extreme verbal, emotional, or psychological abuse; or other conduct which threatens or endangers the health or safety of any person or damages their property.

Any act or action which does or is likely to endanger the mental or physical health or safety of any individual as it relates to an individual’s initiation, admission into, or affiliation with any University group or organization.

The University or any member of the University’s community, taking or attempting to take materially adverse action, by intimidating, threatening, coercing, harassing, or discriminating against any individual, for the purpose of interfering with any right or privilege secured by law or Policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Policy and associated procedures.

Intentional failure to comply with the reasonable directives of the Title IX and Equity Coordinator in the performance of their official duties, including with the terms of a no contact order

• Intentional failure to comply with emergency removal or interim suspension terms
• Intentional failure to comply with sanctions
• Intentional failure to adhere to the terms of an Informal Resolution agreement
• Intentional failure to comply with mandated reporting duties as defined in the Policy
• Intentional interference with a resolution process, including, but not limited to:
  • Destroying or concealing evidence
  • Seeking or encouraging false testimony or providing false testimony or evidence
  • Intimidating or bribing a witness or party

When the Title IX and Equity Coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation. Supportive resolution involves only the party who opts for it.

When the respondent accepts responsibility for violating Policy and accepts the recommended sanction(s), and the complainant(s) and Title IX and Equity Coordinator are agreeable to the resolution terms.

When the parties agree to resolve the matter through an alternative resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.), as described below.

Mediation is a voluntary process where a neutral third party, known as a mediator, facilitates a conversation between the parties involved. The goal of mediation is to help both parties communicate their perspectives, identify their needs, and work together to reach a mutually satisfactory agreement. Mediation is most effective in situations where both parties are open to dialogue and willing to find a resolution that works for everyone.

Shuttle mediation is similar to traditional mediation but is used when the parties involved prefer not to meet face-to-face. In this process, the mediator communicates with each party separately, conveying messages, proposals, and responses back and forth between them. Shuttle mediation can be particularly helpful in situations where there is a significant power imbalance or when direct interaction might cause additional distress.

Restorative justice is an approach focused on healing and repairing harm rather than assigning blame or punishment. This process brings together the affected parties in a facilitated discussion that allows the person who caused harm to understand the impact of their actions and take responsibility. The goal is to agree on steps that can be taken to repair the harm and rebuild trust. Restorative justice is often used when both parties are interested in a process that emphasizes accountability, empathy, and healing.