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Seton Hall University

Policy Against Discrimination, Harassment and Retaliation

Purpose

Seton Hall University (“Seton Hall” or the “University”) is committed to providing a working, learning and living environment that is free from unlawful discrimination, harassment and retaliation, and strives to afford fair and equitable treatment to all members of the University community, regardless of their membership in any legally protected class.  The purpose of this policy is to prohibit discrimination and harassment based on a person’s protected class and to prohibit retaliation for bringing a claim alleging a violation of this policy or participating in a review of any such claim.  This policy will be administered in accordance with our Catholic mission and the teachings of the Catholic Church.

Scope

This policy applies to all University students, Trustees, Regents, non-Trustee and non-Regent members of all committees of the Board of Regents or the Board of Trustees, officers, priests, faculty, administrators, staff members, employees, volunteers, visitors, vendors, guests, persons residing in University housing, and persons occupying an office or other space on the University premises. This policy does not abridge or supersede an individual’s rights and remedies under the law.

Definitions

A.  Discrimination. Discrimination is unwelcome conduct or action based on a person’s protected class status that may adversely and unreasonably interfere with someone’s education or work. It is determined based on the perspective of a reasonable person of the same protected class as the person experiencing the discrimination.  Examples of discrimination may include, but are not limited to:

i. Adverse actions, based on a person’s protected class status, affecting the terms or conditions of the educational program, activity or employment.
ii. Unwelcome remarks, comments or innuendos about a person’s protected class. whether oral, written, or digital.
iii. Insults or threats based on protected class. 

B.  Protected Class. A group of people with a common characteristic who are protected by federal, state and local laws from discrimination and harassment based on that characteristic.   Protected classes include, but are not limited to: age, sex, creed, disability and/or handicap, race, color, religion, national origin, nationality or ancestry, affectional or sexual orientation, gender identity or expression, pregnancy, veteran status or military service, marital status, domestic partnership or civil union status, status as a domestic violence victim, arrest status, AIDS and/or HIV status, atypical hereditary cellular or blood trait, genetic information, or membership in any other class protected by state or federal laws, now or in the future. 

For any complaint alleging sexual harassment or sexual misconduct, the University's prohibitions against sexual misconduct, sexual harassment, and retaliation are detailed in another University policy, the Policy Against Sexual Misconduct, Sexual Harassment, and Retaliation (https://www.shu.edu/policies/policy-against-sexual-misconduct-sexual-harassment-and-retaliation.cfm). 

C.  Discriminatory Harassment. Discriminatory harassment is unwelcome conduct that denigrates or shows hostility or aversion toward an individual because of that individual’s membership in a protected class.  Hostile environment discrimination is a type of discriminatory harassment that is based on a person’s protected class and is conduct that a reasonable person would consider so offensive, severe, persistent, or pervasive as to interfere with a person’s ability to participate in educational or work activities or programs. Harassment can be verbal, written, graphic, physical or through digital, online, or social media communications. Discriminatory harassment on the basis of protected class status may also occur when conduct is directed at a group because of their protected class.  

D.  Retaliation. Retaliation is an act of intimidation, harassment, or reprisal against an individual for initiating a good faith complaint, participating in any proceeding under this policy, or for otherwise exercising his/her rights under this policy or the law.  

E.  Preponderance of the Evidence. Preponderance of the evidence is defined to mean more likely than not.  It is the standard of proof applied in determining responsibility under this policy.

Policy

A.  Zero-Tolerance. As a Catholic institution of higher education, the University embraces Judeo-Christian values that proclaim the dignity and rights of all people. The University abides by all applicable federal and state laws that prohibit discrimination and is committed to providing an environment that is free of unlawful discrimination and harassment.  Under this policy, unlawful discrimination and harassment based on protected class status in all forms and retaliation are strictly prohibited.

B.  Procedure and Standard of Proof Applied to Determine Violation. Once a report is made, the University will initiate a prompt, thorough, and impartial investigation of allegations of discrimination, harassment, and/or retaliation under this policy, pursue effective and reliable procedures and remedies, and seek to protect the rights of those involved.  A finding that a violation of University policy occurred is made by applying a preponderance of the evidence standard.

C.  Claims of Retaliation. Retaliation is a separate, serious offense under this policy and will be considered independently from the merits of the underlying allegation.  Upon a finding that retaliation has occurred, the actor will be subject to disciplinary action up to and including, termination of employment or expulsion from the University as applicable.

D.  Cooperation. All members of the University community have an obligation to cooperate in achieving the University’s goal of an environment free of unlawful discrimination and harassment.

E.  False Accusations. Anyone who knowingly makes a false accusation of discrimination, harassment and/or retaliation will be subject to appropriate action, which may include disciplinary action up to and including, termination of employment or expulsion from the University as applicable. 

F.  Prevention of Harassment, Discrimination and Retaliation. While the prevention of harassment, discrimination and retaliation is the responsibility of all members of the University community, managers and supervisors must set the example in treating all people with mutual respect and dignity, fostering a positive climate, and taking appropriate action when conduct is disruptive, provoking, discriminatory or otherwise unprofessional.  Any manager or supervisor who receives a complaint of harassment, discrimination or retaliation, or otherwise becomes aware of possible harassment, discrimination or retaliation, must report such information promptly, even if the complainant or potential victim does not report to that particular manager/supervisor and even if the complainant or potential victim requests that the complaint not be escalated or investigated.  Managers and supervisors who knowingly allow or tolerate discrimination, harassment, or retaliation, including the failure to immediately report such actions in accordance with this policy, are in violation of this policy and subject to discipline.  

Approval

Approved

Revised and approved by Mary J. Meehan, Ph.D., Interim President, on the recommendation of the Executive Cabinet on August 23, 2018.

First amended by Joseph E. Nyre, Ph.D., President, on the recommendation of the Executive Cabinet, on June 30, 2020.

Effective Date

August 23rd, 2018

Initial: August 23, 2018

First amended: June 30, 2020