Yes. The policies apply in the living, learning, working, and program/activity environments.
Discrimination is inequitable treatment by the University of a person based on one or more of that person's protected characteristics or statuses, excepting any treatment permitted or required by law.
Examples of discrimination are receiving a lower grade or being fired because of a protected characteristic or status, denial of an accommodation for disability, pregnancy, or religion, and denial of admission or employment with UVA because of a protected characteristic or status.
Harassment is unwelcome conduct directed against a person based on one or more of that person’s protected characteristics or statuses, which conduct is so severe or pervasive that it interferes with an individual’s employment, academic performance or participation in UVA programs or activities, and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive.
Age, color, disability, family medical or genetic information, gender identity or expression, marital status, military status (which includes active duty service members, reserve service members, and dependents), national or ethnic origin, political affiliation, pregnancy, race, religion, sex, sexual orientation, and veteran status.
Options are available and will vary based on who is engaging in the unfavorable treatment, for example, whether the treatment is occurring in the living, learning, working, or program environment. Students, faculty, and staff may contact the UVA Ombuds, who is a confidential resource, to learn about what options may be available. Additional resources are listed below.
Students: To learn about resources, you may contact the Care and Support Services team. Depending on the nature of the concerns, these offices/individuals may be able to help you: Housing and Residence Life; Policy, Accountability, and Critical Events (PACE); and school leadership/academic dean. If you would like to confidentially discuss your concerns, you may speak with Counseling and Psychological Services (“CAPS”) and the Women’s Center.
Faculty and Staff: Faculty and staff members may contact Employee Relations to learn more about their options. To identify the appropriate Employee Relations team member, please visit the Employee Relations Directory. If you would like to confidentially discuss your concerns, you may speak with the Faculty and Employee Assistance Program (“FEAP”) and the Women’s Center.
Faculty: Faculty members may contact the Faculty Guides, which serve as independent resources to discuss faculty issues and identify related information about UVA policies.
Retaliation is adverse action taken against individuals who, in good faith (holding a genuine belief in the truth of one’s allegations), complain about discrimination and/or harassment or who assist with or participate in the complaint resolution process, e.g., investigative witnesses. Retaliation is also prohibited against individuals who complain about retaliation or request accommodations for disability, pregnancy, and religion.
Retaliation may exist even when the underlying complaint is without merit or not substantiated.
No. EOCR would only be able to resolve a complaint of retaliation if you engaged in one or more of the following types of activity, which is referred to as protected activity:
- complained about discrimination, harassment, or retaliation;
- assisted or participated in the complaint resolution process, e.g. an investigative witness; or
- requested an accommodation for disability, pregnancy, or religion
If you have not engaged in one of these forms of protected activity, EOCR cannot assist you but you are welcome to contact EOCR to learn about other resources that may be able to assist you, such as the UVA Ombuds, Employee Relations, and Respect@UVA Program.
To learn about what is considered discrimination, harassment, or retaliation, you can access the Preventing and Addressing Discrimination and Harassment Policy here and the Preventing and Addressing Retaliation Policy here.
EOCR also welcomes the opportunity to speak with you if you have questions. You may contact EOCR at [email protected] or (434) 924-3200.
No. Sexual harassment and harassment based on gender identity, gender expression, pregnancy, and sexual orientation is covered by another UVA policy, the Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence (“Sexual Misconduct Policy”) EOCR’s Title IX and Sexual Misconduct team is responsible for enforcing the Sexual Misconduct Policy. For more information, please visit the Title IX webpage.
The Preventing and Addressing Discrimination and Harassment Policy prohibits discrimination based on sex/gender, which is inequitable treatment of someone because of their sex/gender. For students and program participants, inequitable treatment includes adverse action that impacts a their ability to participate in an academic course, program, or activity, and for faculty/staff members, action that impacts the terms, conditions, or benefits of their employment.
The Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence (“Sexual Misconduct Policy”) prohibits sexual harassment and gender-based harassment. There are several forms of harassment that are covered: Title IX Sexual Harassment and Sexual and/or Gender-Based Hostile Environment Harassment.
- Title IX Sexual Harassment is “[s]exual Harassment is unwelcome conduct on the basis of sex that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education programs or activities. Such conduct includes unwelcome conduct of a sexual nature and may include unwelcome conduct based on sex or sex stereotyping.”
- “Sexual or Gender-Based Hostile Environment Harassment that is not covered under the Definition of Title IX Sexual Harassment exists when unwelcome conduct on the basis of sex, sexual orientation, gender identity or expression, or pregnancy is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from the University’s programs and/or activities.”