Policies and Procedures

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

• Disparate treatment discrimination - intentional differential treatment of a person or persons that is based on an actual or perceived protected characteristic.
• Disparate impact discrimination - when policies or practices that appear to be neutral, unintentionally result in a disproportionate impact on a protected group.

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 agent, or other person authorized by the University, to provide an aid, benefit, or service under the University’s education program or activity, explicitly or impliedly, conditioning the provision of such aid, benefit, or service, on a person’s participated in unwelcome sexual conduct.
• Hostile environment harassment - unwelcome sex-based conduct, that based on the totality of the circumstances, is subjectively and objectively offensive, and is so severe and pervasive, that it limits or denies a person’s ability to participate in or benefit from the University’s education 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 of another, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ or another person, without the consent of the complainant.
• Fondling - the touching of another’s private body parts (breasts, buttocks, groin) for the purpose of sexual gratification without their consent.
• 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.

Violence, on the basis of sex, committed by a person who is in or has been in a social relationship of a romantic or intimate nature with the complainant.

Examples include but are not limited to:

• Sexual abuse
• Physical abuse
• The threat of such abuse

Violence, on the basic of sex, committed by a current of 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.

Occurs when a person is subjected to an adverse employment or educational action because they have made a complaint under the Discrimination, Harassment and Retaliation Policy or assisted or participated in any manner in an investigation. No institution or person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report of complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding or hearing related to a report or complaint related to discrimination.

Distributing or otherwise publicizing materials created or produced during an investigation or Resolution Process except as required by law or as expressly permitted by the University; or publicly disclosing a party’s personally identifiable information without authorization or consent.

Intentional failure to comply with the reasonable directives of the Office of Civil Rights Compliance employees in the performance of their official duties.

Examples include but are not limited to:

• Violating a protective order
• Failing to comply with sanctions
• Recording meetings in secret

The parties, together or individually, participate in educational conversations with someone from the University’s Office of Civil Rights Compliance about the incident, alleged harm, and how to prevent further incidents.

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.