Harassment and Discrimination

Policy Prohibiting Harassment and Discrimination

Title IX Sexual Harassment Policy

POLICY PROHIBITING HARASSMENT AND DISCRIMINATION

Purpose and Commitment

In furtherance of the University of Portland’s mission and values, and in accordance with applicable law, the University is committed to fostering a respectful, inclusive, and productive work and learning environment. Unlawful harassment, discrimination, sexual harassment, and sexual assault undermine human dignity and are inconsistent with the University’s mission. Accordingly, such conduct is strictly prohibited by all employees, visitors, and contractors.  

Scope and Applicability

This policy applies to conduct that occurs:

  • On University property, including electronic and virtual environments (e.g., email, internet, or social media);
  • In the course of University business, programs, activities, or events, regardless of location; or
  • When conduct has a sufficient connection to the University’s work or learning environment.

This policy governs conduct by employees and third parties. Student conduct is addressed through the Student Handbook and Title IX policies, as applicable.

Violations of this policy may result in disciplinary action, up to and including possible termination of employment or exclusion from University activities and/or property. If any portion of this policy conflicts with applicable law, the University will comply with governing legal requirements. 

 

Protected Classes

The University prohibits unlawful discrimination and harassment based on any characteristic protected by applicable law, including but not limited to race, color, sex (including sexual orientation, pregnancy, gender identity, and gender expression), religion, age, national or ethnic origin, citizenship status, disability, veteran status, marital status, or any other basis protected by applicable local, state, or federal law.

 

Commitment to Catholic Identity

In interpreting and applying this policy, the University reserves its rights and obligations to operate in a manner consistent with Catholic identity and the teachings of the Catholic Church, while fully complying with applicable law. 

 

Prohibited Conduct

Prohibited conduct may be verbal, physical, written, visual/nonverbal, or electronic/digital.

Sexual Harassment and Sexual Assault

Sexual harassment and sexual assault are strictly prohibited.

  • Sexual harassment is a form of sex discrimination on the basis of sex or gender and includes unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature when:
    • Submission to such conduct is made either explicitly or implicitly a term or condition of employment or education;
    • Submission to or rejection of such conduct is used as the basis for employment or education;
    • The conduct has the purpose or effect of unreasonably interfering with work or academic performance, or creating an intimidating, hostile or offensive environment.
  • Sexual assault includes unwanted conduct of a sexual nature that is carried out through force, coercion, manipulation, threat, or intimidation.

Other Harassment and Discrimination

All forms of unlawful harassment and discrimination based on any of the protected classes set forth above are strictly prohibited, including but not limited to when such conduct:

  • Demonstrates, for example, animosity, resentment, bias, or ill will, because of the individual’s identification with or membership in a protected class;
  • Creates an intimidating, hostile, or offensive environment;
  • Has the purpose or effect of unreasonably interfering with an individual’s work or academic performance; or
  • Adversely affects an individual’s employment or educational opportunities.

Prohibited Relationships

Because of the inherent power imbalance and risk of real or perceived coercion, employees are prohibited from engaging in romantic or sexual relationships with individuals whom they supervise or evaluate, directly or indirectly. Limited exceptions may be considered on a case-by-case basis by the:

  • Provost’s Office (faculty), or
  • Office of Human Resources (staff).

Additional guidance is provided in the Policy on Prohibited Romantic, Sexual, and/or Dating Relationships Between Faculty/Staff and Students.

 

Training Requirements

All employees are required to complete University-designated training on unlawful discrimination, harassment, and Title IX. Failure to complete required training within the designated timeframe may result in administrative consequences, including the withholding and/or delay of salary increases until completion.

 

Reporting and Complaint Procedures

For any emergency situations on campus, the concerned individual should immediately contact the Department of Campus Safety at 503.943.4444. 

Employees

Employees who experience, observe, or become aware of conduct that may violate this policy should report their concerns as soon as practicable to any of the following University designees:

  • Immediate supervisor
  • A member of University leadership (e.g., chair, dean, director, vice president)
  • Office of Human Resources
  • Provost’s Office
  • Office of Study Abroad or on-site director (for off-site programs) 

Employees should document any incidents involving conduct they believe is prohibited by this policy.

Students (Complaints Against Employees or Third Parties)

Students who experience, observe, or become aware of conduct by faculty, staff, visitors, contractors, or other third parties that may violate this policy should report their concerns as soon as practicable to any of the following University designees:

  • Dean’s Office of their school
  • Vice President for Student Affairs and Inclusive Excellence
  • Residence Life staff (if applicable)
  • Office of Human Resources
  • Office of Study Abroad or an on-site director (for off-site programs)

Students should document any incidents involving conduct they believe is prohibited by this policy. 

Community Members

Non-employee community members who believe they have observed, experienced, or are otherwise aware of conduct prohibited by this policy should report concerns to the Office of Human Resources as soon as practicable. 

Title IX matters will be addressed in accordance with the University’s Title IX policies and procedures.

 

Investigation Procedures

The University will document complaints and incidents that arise under this policy, and it will promptly and fairly review all reports under this policy. The Office of Human Resources coordinates investigations and may designate another appropriate office or investigator based on the nature of the complaint. 

If a violation of this policy is found, the University will take appropriate corrective action consistent with policy, law, and the University’s mission.

 

Confidentiality

The University will make reasonable efforts to protect the privacy of all parties, consistent with the need to investigate and respond appropriately. Complete confidentiality cannot be guaranteed, and no University representative is authorized to promise it. 

Individuals requesting confidentiality will be informed of these limitations prior to disclosure. 

 

Protection Against Retaliation

Retaliation against any individual who reports concerns, participates in an investigation, or supports another in doing so is strictly prohibited. Anyone who believes they have been subjected to or witnessed retaliation in violation of this policy should immediately report the conduct to the designees outlined above in the relevant complaint procedure. Retaliation may result in disciplinary action, up to and including possible termination or exclusion from University activities and/or property. 

 

Protected Communications and Oregon Law Compliance

Nothing in this policy restricts communications protected by applicable state or federal law. In compliance with Oregon law, the University will not require or coerce employees or applicants to enter into nondisclosure or non-disparagement agreements that have the purpose or effect of preventing the disclosure of conduct constituting unlawful discrimination, harassment, or sexual assault. An employee or applicant who claims they have been aggrieved by conduct prohibited by this policy may, however, voluntarily request to enter into an agreement that contains a nondisclosure, non-disparagement, or no re-hire provision and, if so, will have at least seven days to revoke any such agreement. For the purposes of this policy, a nondisclosure agreement is an agreement by which one or more parties agree not to disclose certain information, and a non-disparagement agreement is an agreement by which one or more parties agree not to make negative statements about the other(s). 

This provision does not apply to employees legally required to maintain confidentiality (e.g., privileged roles) or to individuals found to have violated this policy.

 

External Remedies (Employees)

This policy does not limit an individual’s right to file a complaint with the Oregon Bureau of Labor and Industries (“BOLI”) or the Equal Employment Opportunity Commission (“EEOC”), or to pursue other legal remedies. A complaint alleging an unlawful employment practice (including under ORS 659A.030, 659A.082, or 659A.112) must be filed no later than five (5) years after the occurrence of the alleged unlawful employment practice.