Harassment/Equal Educational Opportunity

Fairfield University provides an equal educational opportunity to all students and does not discriminate on the basis of race, color, sex, sexual orientation, marital status, veteran's status, religion, national or ethnic origin, age, or disability in the administration of educational programs, admission and employment policies, scholarship and loan programs, and athletic and other school-administered programs. The University, as a Jesuit institution, is dedicated to the proposition that all human beings possess an inherent dignity. The University strongly condemns any unlawful or wrongful discrimination against the rights of others.

I. Prohibited Conduct

A. Acts of Intolerance, Racism or Harassment

As the University is committed to maintaining a multicultural academic community in which the dignity and worth of each of its members is respected, it is the policy of the University that acts of intolerance, abuse, or harassment by students, faculty, staff and visitors, will not be tolerated. Any individual who violates this policy will be subject to appropriate action, including, but not limited to, counseling, suspension, expulsion, termination from the campus, or civil or criminal action.

Acts of intolerance and abuse are defined as any offensive verbal, written, or physical conduct directed at a person or group based upon race, color, national and/or ethnic origin, gender, sexual orientation, disability, religion, veteran's status, age, or association with persons different from oneself where such behavior is intimidating, hostile, demeaning, or could or does result in emotional or physical harm, embarrassment, or fear of one's personal safety.

Abuse and harassment include offensive behavior that interferes with a person or group's educational status or participation in campus activities, or which creates a hostile academic, social, or living environment. Prohibited behaviors include threatening or offensive letters, use of threatening or demeaning language, vandalism or graffiti to student residences, and stalking or aggression relating to dating relationships.

B. Sexual Harassment

Fairfield University does not condone or tolerate any behavior (verbal, electronic, or physical) by a university employee, student, or visitor that would constitute sexual harassment. Such behavior will subject the harasser to appropriate sanctions, including, but not limited to, counseling, suspension, expulsion, or civil or criminal action. Sexual harassment is a form of illegal discrimination referring to a wide range of inappropriate behaviors and/or unwanted conduct of a sexual nature that effectively denies the victim of the harassment the opportunity to work and/or study in a non-threatening, stress-free environment.

Fairfield University defines sexual harassment in the following ways: Sexual harassment shall include, but not be limited to, unwelcome sexual advances, direct or indirect sexual demands, requests for sexual favors, sexual comments, gestures, or other physical actions of a sexual nature when:

1. Submission of such conduct is made either explicitly or implicitly a term or condition of an individual's educational success.
2. Submission to or rejection of such conduct by an individual is used as the basis for educational decisions affecting the individual.
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's academic performance or creating an intimidating, hostile, or offensive educational environment.

Furthermore, the University considers it a violation of an individual's rights to retaliate against a person who has initiated an inquiry or complaint having to do with abuse or harassment, and/or to instigate any other person to participate in such activity.

II. Reporting of Incidents of Abuse or Harassment

A. Any incident of criminal misconduct, such as physical assault or destruction of property, should be promptly reported to the University's Department of Public Safety and may also be reported to the Fairfield Police Department.

B. Any incident of abuse or harassment by a student or an unidentified perpetrator should be promptly reported to the Office of the Dean of Students. The report will be reviewed and, if appropriate, the student disciplinary process will be initiated.

C. Any incident of abuse or harassment by a University employee should be promptly reported to the compliance coordinator in the Office of the Dean of Students. The procedures for resolution are set forth below.

III. Equal Opportunity Grievances by Students Involving University Employees

Students who feel that they have been discriminated against or subjected to harassment by a University employee in violation of the above policies or federal statutes Title VI, Title IX, Section 504 of the Rehabilitation Act, or the Americans with Disabilities Act, are urged to promptly report the matter to the compliance coordinator in the Office of the Dean of Students.

1. Investigation and Informal or Formal Resolution

The complaint will be referred to the compliance coordinator for appropriate action. If the reported incident is not of a serious nature or in situations where miscommunication is occurring, the compliance coordinator may attempt to resolve the matter through discussion and mediation with the alleged harasser’s supervisor. In situations where serious misconduct is reported, the University’s designee will investigate and determine the appropriate action. The complainant and the alleged perpetrator will be notified of the disposition within 45 days.

2. Formal Grievance Process

If the student is not satisfied with the above resolution, the student may submit a written grievance within 30 days to the compliance coordinator stating the nature of the complaint, a description of the incident(s) and any possible witnesses, and the remedy sought. The compliance coordinator will seek a resolution of the grievance. If it cannot be resolved, the compliance coordinator will convene a resolution committee consisting of representatives of the University community. The committee will consider the evidence presented, determine the facts, and recommend a decision to the University President.

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