Prohibited Discrimination and Retailiation

Policy Number: 
V.11.02
Reason for Policy: 

This policy defines prohibited discrimination, harassment (including sexual harassment), and retaliation; outlines reporting options and obligations; and describes the investigation process for complaints of discriminatory misconduct. Formal grievance procedures are set forth in applicable collective bargaining agreements and the university’s grievance policy.

Entities Affected by this Policy: 

This Policy applies to all students, staff, faculty, university partners, and other individuals participating in or seeking to participate in, or benefit from, the university’s programs or activities, whether on or off campus, including education and employment.

Responsible Office: 

For questions about this policy, please contact the Office of Investigations and Civil Rights Compliance at (541) 346-3123 or icrcinfo@uoregon.edu.

Enactment & Revision History: 

28 June 2021 – Amended and renamed (formerly Discrimination Complaint and Response) with an effective date of August 15, 2021.

15 September 2017 - Amended by incorporation with the adoption of UO Policy V.11.0. (Redline amendments available upon request in the UO Policy library.)

18 August 2016 - Enacted by the president as a temporary emergency policy

Policy: 

I. Policy Statement

The university is committed to equal access to programs and activities, admission, course offerings, facilities, and employment for all of its: (1) students, (2) employees, and (3) university community members. It is the policy of the university to maintain an environment free of discrimination against any person because of their real or perceived “protected characteristic” including race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, pregnancy (including pregnancy-related conditions), age, physical or mental disability, genetic information (including family medical history), ancestry, familial status, citizenship, service in the uniformed services (as defined in federal and state law), veteran status, expunged juvenile record, and/or the use of leave protected by state or federal law.

Discrimination or harassment based on one or more of these protected characteristics violates the dignity of individuals, impedes the realization of the university’s educational mission, and will not be tolerated. 

It is the responsibility of every member of the university community to foster an environment free from discrimination, harassment, and retaliation. All students, employees, and other members of the university community are strongly encouraged to take reasonable and prudent actions to prevent or stop acts of discrimination, harassment, or retaliation. This may include directly intervening when safe to do so, enlisting the assistance of others, contacting law enforcement, or seeking assistance from a person in authority.

This Policy uses the term “respondent” to refer to the person alleged to have violated the policy; the term “complainant” to refer to the person who was subject to the respondent’s alleged misconduct; and “Chief Civil Rights Officer” to refer to the university’s Chief Civil Rights Officer & Title IX Coordinator.

II. Policy Jurisdiction

This Policy applies to all students, staff, faculty, university partners, and other individuals participating in or seeking to participate in, or benefit from, the university’s programs or activities, whether on or off campus, including education and employment.

For claims against students and student organizations, jurisdiction is defined by the Student Conduct Code.

 

For claims against employees, this Policy applies to conduct that: (1) occurs on campus or property owned or controlled by the university (university property), (2) occurs in the context of a university employment or educational program or activity, (3) uses university resources, such as workplace telephones, video conferencing technology, e-mail, or other means of electronic communication, or (4) creates a hostile environment for or causes substantial disruption to the university community or any of its members, or seriously threatens the health or safety of any person. The university will follow applicable collective bargaining agreements, policies and procedures in determining whether corrective action can be imposed for behavior that occurs during non-work hours.

For claims against third parties, such as contractors, visitors, alumni, and guests, the university will determine the appropriate manner of resolution, which may include without limitation referral to local law enforcement or to the school or employer of the third-party respondent, and/or restriction from access to campus or university programs or activities. The university’s ability to take disciplinary action against a third-party respondent is limited and will be determined by the nature of the misconduct and the university’s relationship to the third-party respondent.

III. Definitions of Discriminatory Misconduct

The university prohibits Discriminatory Misconduct, which is defined to include the following:

  1. Discrimination: An adverse action taken against an individual or group on the basis of the individual’s or group’s protected characteristic(s). Discrimination takes two forms: disparate treatment and disparate impact. Disparate treatment occurs when the adverse action is motivated in whole or in part by the protected characteristic. Disparate impact occurs when a policy, requirement, or regularized practice, although neutral on its face, adversely impacts persons in a protected class and is not necessary to achieve an important university purpose. An adverse action includes actions that significantly change the terms and conditions of employment or actions that have a significant detrimental impact on a student’s education. 
  1. Harassment:  Unwelcome verbal or physical conduct based on a protected characteristic that is sufficiently severe or pervasive that it substantially interferes with an individual’s employment, education or access to university programs, activities, or opportunities, and would have such an effect on a reasonable person who is similarly situated. Harassment may include, but is not limited to, verbal statements or nonverbal or physical conduct, graphic or written statements, threats, or slurs. Whether the alleged conduct unreasonably interferes depends on the totality of the particular circumstances, including the nature, frequency and duration of the conduct in question, the location and context in which it occurs, and the status of the individuals involved.
  1. Sexual Harassment:  A specific form of Harassment involving unwelcome conduct of a sexual nature (such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature) when:
    1. Submission to such advances, requests, or conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic experience, or participation in any university program or activity (quid pro quo);
    2. The conduct is sufficiently severe or pervasive that it has the effect, intended or unintended, of unreasonably interfering with an individual’s work or academic performance or it has created an intimidating, hostile or offensive environment and would have such an effect on a similarly-situated reasonable person. Whether the alleged conduct unreasonably interferes depends on the totality of the particular circumstances, including the nature, frequency, and duration of the conduct in question, the location and context in which it occurs, and the status of the individuals involved.
  1. Sexual Misconduct:  Having or attempting to have sexual contact with another individual without affirmative consent. “Sexual contact” includes:
    1. Non-consensual penetration: Penetration by a person upon another person without affirmative consent. Penetration includes any vaginal or anal penetration by a penis, object, tongue, or finger, as well as any mouth-to-genital contact, no matter how slight the penetration or contact.
    2. Non-consensual sexual contact: Sexual contact, including but not limited to kissing, fondling, and/or contact with intimate body parts, without affirmative consent. The term “intimate body parts” includes, but is not limited to, breasts, buttocks, groin, genitals, or other body parts that under the circumstances a reasonable person would know that the other person regards to be an intimate body part. The following applies to contact with intimate body parts: contact must be intentional; contact may be either over or under the clothing; contact includes causing a person to touch an intimate body part of another person or causing a person to touch their own intimate body part; and contact also includes contact made with body fluids.

It is the responsibility of each person involved to ensure they have the affirmative consent of the other(s) to engage in each sexual contact. For the purposes of this definition, “affirmative consent” is a knowing, voluntary, and mutual decision among all participants to engage in sexual contact. It is the responsibility of each person involved to ensure they have the affirmative consent of the other(s) to engage in each sexual contact.

Consent can be communicated by words or actions, as long as those words or actions convey clear willingness to engage in the sexual contact. In determining the presence of affirmative consent, the university will consider the presence of any force, threat of force, or coercion; whether the complainant had the capacity to give consent; and, whether the communication (through words and/or actions) between the parties would be interpreted by a reasonable person under similar circumstances as a willingness to engage in a particular sexual act.

The following principles apply to the above definition of affirmative consent:

    • The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, gender expression, or any other protected characteristic.
    • Affirmative consent cannot be obtained through physical force, threats, or coercion.
    • Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time.
    • Affirmative consent to any sexual act or prior consensual sexual activity does not necessarily constitute consent to any other sexual act.
    • A person cannot provide affirmative consent if they are below the legal age of 18, unless otherwise permitted by law.
    • Affirmative Consent cannot be inferred from silence, passivity, or lack of verbal or physical resistance.
    • An individual cannot provide affirmative consent if they are incapacitated. A person is incapacitated when they lack the ability to choose knowingly to participate in sexual activity, for example when they are unconscious, asleep, involuntarily restrained, physically helpless, under the influence of alcohol or other drugs, or otherwise unable to provide consent. A person who is incapacitated lacks the capacity to give affirmative consent because they cannot understand the “who, what, when, where, or how” of their sexual interactions. In evaluating consent in cases of alleged incapacitation, the university asks if the respondent knew or reasonably should have known the complainant was incapacitated. Voluntary intoxication does not absolve a person of responsibility for non-consensual sexual contact.
  1. Stalking: Occurs when an individual engages in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person’s own safety or the safety of others, or (b) suffer substantial emotional distress. “Course of conduct” means two or more instances, including but not limited to unwelcome acts in which an individual directly, indirectly, or through third parties follows, monitors, observes, surveils, threatens, or communicates to or about an individual, or interferes with an individual’s property. “Substantial emotional distress” means significant mental suffering or anguish. Stalking includes the concept of cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used.
  1. Dating Violence: Any act of violence committed by an individual who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on consideration of the length of the relationship, the type of relationship, and the frequency of the interaction between the persons involved in the relationship. For the purpose of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Domestic Violence.
  1. Domestic Violence: Any act of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws in the state of Oregon, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws in the state of Oregon.
  1. Sexual Exploitation: Taking sexual advantage of another for one’s benefit, or to benefit or advantage anyone other than the one being exploited, by: (a) viewing, possessing, producing, or distributing child pornography; (b) non-consensual recording, disseminating, or copying of images, photography, video, or audio recording of sexual activity or nudity conducted in a private space; or (c) purposefully exposing another person to a sexually transmitted infection, or sexually transmitted disease, without their knowledge.
  1. Retaliation: Retaliation means an adverse action taken against a Student, Employee or Campus Community Member because the individual engaged in a protected activity. Adverse action means any action that is reasonably likely to deter a person from engaging in a protected activity. Adverse action does not include petty slights or trivial annoyances.  Protected activity means (1) opposing a practice that is unlawful or that the individual reasonably believes is unlawful (2) filing a report, serving as a witness, assisting someone with a complaint, or participating in an investigation, proceeding or hearing pertaining to discrimination, harassment or other prohibited conduct (3) participating in the university’s reasonable accommodation processes.

IV. Academic Freedom and Free Speech

In all its actions, the university will respect the rights of freedom of expression and academic freedom, as set forth in law, university policies, and applicable bargaining agreements.

V.  Options for Reporting

This section discusses options for reporting Discriminatory Misconduct subject to this Policy.

  1. Filing a Report

The university encourages all students, employees, and other members of the university community who believe they have experienced misconduct under this Policy to report the incident immediately to the university. Reports may be submitted to the university’s Chief Civil Rights Officer and Manager of Investigations via a web form or by phone or email. Please see related resources at the end of this Policy for contact/submission information. Reports may be submitted anonymously.

Identifying witnesses and providing as many details as possible in a report increases the university’s ability to respond and/or take corrective action.

  1. Time Frame for Reporting

Individuals are encouraged to report Discriminatory Misconduct as soon as possible in order to maximize the university’s ability to respond promptly and effectively. Although the university does not limit the timeframe for reporting, the passage of time may impact or limit the university’s jurisdiction, the ability to impose discipline, and/or the ability to gather relevant evidence that may be lost due to the passage of time.

  1. Reporting to Law Enforcement

A reporting party has the right to report, or decline to report, potential criminal conduct to law enforcement. Upon request, the university will assist a reporting party in contacting law enforcement at any time. Under limited circumstances where there is a threat to the health or safety of any university community member, the university may independently notify law enforcement. An individual may make a report to the university, to law enforcement, to neither, or to both.

The university’s resolution process and law enforcement investigations may be pursued simultaneously but will operate independently of one another. The university will, when appropriate, coordinate information with law enforcement if law enforcement is notified. The university, upon request, may also temporarily pause its investigation to allow preliminary fact-gathering by law enforcement. Under Oregon law, there are different time limits for prosecuting different crimes, and charges must be filed within the applicable statute of limitations for a given crime.

  1. Confidential Resources 

The university also offers a number of confidential resources for individuals who are unsure whether to report misconduct or who seek counseling or other emotional support in addition to, or without, making a report to the university. A link to resources, including confidential resources is included at the end of this policy.

VI. Expectations of Employees When Notified of Discriminatory Misconduct

As a caring community, and to promote a compassionate campus community, the university expects all employees to do the following when responding to disclosures of Discriminatory Misconduct under this Policy:

  • Listen to what the person wants to tell you before providing supportive resources, referrals, and information, including those resources listed at the end of this Policy;
  • Inform the person of reporting options, including the option to report to the Office of Investigations and Civil Rights Compliance;
  • Be sensitive to the needs of the person who allegedly experienced the conduct, without being judgmental, dismissive, condescending, discriminatory, or retaliatory; and
  • At the outset of the conversation, if the person making the disclosure appears under 18, ask them if they are 18 years of age or older. If they are under 18, explain that all employees, except for confidential employees engaging in privileged communications, are required to report all disclosures of “abuse” as defined by state law (see ORS § 419B.005), including physical or sexual abuse, sexual exploitation, or a current threat of physical or sexual abuse of a minor, to the Department of Human Services or a law enforcement agency.

In addition to these general expectations, all employees are designated as either Confidential Employees, Designated Reporters, or Assisting Employees and have the additional obligations set forth below.  

    1. Confidential Employees 

The university has identified certain employee positions as Confidential Employees. Confidential Employees will not share information disclosed to them with others without the express permission of the person making the disclosure or as required or permitted by applicable law or professional codes of ethics (such as cases involving imminent risk of serious harm).

The following employees are Confidential Employees under this Policy, when acting in their confidential, professional role:

  • All health care and mental health professionals working at the University of Oregon, including without limitation employees at University Health Services;
  • Crisis Intervention and Sexual Violence Support Services staff;
  • The University’s Ombudsperson and program staff (Note: The Ombudsperson does not have a legal privilege of confidentiality, but under their professional code of ethics the Ombudsperson must take steps to avoid, whenever possible, disclosure of confidential records and information);
  • Employee and contract attorneys representing students in Student Conduct processes;
  • Other employees who have a professional commitment and/or legal privilege that may enable them to oppose successfully an application for a court order seeking disclosure of communications.
    1. Designated Reporters

The university has identified certain employee positions as Designated Reporters. When Designated Reporters become aware of an alleged incident of Discriminatory Misconduct under this Policy that involves a student or employee as either the complainant or respondent, they are always obligated to report information they have to the university’s Chief Civil Rights Officer (Title IX Coordinator). Designated Reporters should be prepared to report the name, date, time, location, and description of the incident to the extent such information is known. They otherwise will maintain privacy to the greatest extent possible. 

Designated Reporters should not investigate any matter themselves. If a Designated Reporter knows that a matter has already been brought to the attention of Office of Investigations and Civil Rights Compliance, the Designated Reporter does not need to report it but is encouraged to bring new or additional information to the attention of the Chief Civil Rights Officer. Designated Reporters are also not required to share information disclosed during public awareness events (e.g. “Take Back the Night” and town halls) or as part of an Institutional Review Board-approved human subjects research protocol.

List of Designated Reporters:

  • All members of the Board of Trustees (including student, faculty, and staff members) and the Board Secretary
  • President and vice presidents (including assistant and associate levels)
  • Provost and vice provosts (including assistant and associate levels)
  • Deans, including assistant, associate, and divisional deans
  • Department Heads
  • Dean of Students, including dean of student positions within schools or colleges
  • Chief Human Resources Officer
  • All attorneys in the Office of General Counsel
  • Athletic Directors, including assistant, associate, deputy, or other senior-level athletic directors
  • All NCAA intercollegiate coaches and directors of operations
    • EXCEPTION: A coach below the level of head coach is only a Designated Reporter when they receive reports from someone other than a student-athlete on their own team.  
  • Student Conduct Case Managers
  • Title IX Coordinator, OICRC investigators, OICRC appeals officers, and Deputy Title IX Coordinators
  • Directors, including assistant and associate directors, or similar of:
    • Campus Planning and Facilities Management
    • Housing
    • Residential Life & Educational Initiatives
    • Fraternity and Sorority Life
    • Student Conduct
    • Study Abroad
    • Employee & Labor Relations
  • Resident Assistants and Orientation Leaders
  • Residence Life Professional Staff and
  • University of Oregon Police Officers and Campus Security Officers

In addition, all university Supervisors, as well as all Human Resources professionals within departments and colleges, are Designated Reporters when informed of Discriminatory Misconduct by any employee. For purposes of this Policy, a “Supervisor” is someone who has the power to take tangible employment actions against an employee, i.e., to effect a significant change of employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits. A person whose job title contains the word supervisor is not necessarily a Supervisor for purposes of this Policy. The term “Supervisor” does not include persons who supervise exclusively graduate employees and/or student employees.

The Chief Civil Rights Officer may make changes to this list as necessary and following consultation with appropriate stakeholders. Any changes will be posted in the Policy Library, and affected employees will receive appropriate notification and training, including materials designed to provide notice to students.

Designated Reporters who fail to report as required by this Policy may be subject to discipline or other appropriate corrective measures.

    1. Assisting Employees

Employees, including faculty, who are not Designated Reporters or Confidential Employees, do not have reporting obligations under this Policy. However, they are considered Assisting Employees and are still expected to do the following when responding to disclosures:

  • Comply with the expectations for all employees set forth above.
  • Provide the person making the disclosure with resources, including confidential resources as listed at the end of this Policy.
  • When appropriate in the conversation, inform the person making the disclosure that unless there is a report made to a Designated Reporter or the Office of Investigations and Civil Rights Compliance, it is unlikely that steps can be taken to stop the discrimination or harassment, remedy its effects, or prevent future instances of discrimination and harassment, because no one in a position to do so will know about the underlying behavior. With a report, the university will be able to take corrective action.
  • Explicitly ask the person making the disclosure if they want to report the incident to the Office of Investigations and Civil Rights Compliance; and then follow the person’s wishes in either making a report for them, assisting them in making the report, not reporting, and/or referring them to confidential resources. In general, reports to the Office of Investigations and Civil Right Compliance and/or referrals to other resources should be made while the person is with you, if possible, but in no event later than 24 hours after the person expressed this wish.

In general, Assisting Employees should not share the information disclosed to them unless requested to do so by the person making the disclosure, or unless the information conveyed suggests a threat to the health or safety of any person, or other mandatory reporting obligations are triggered (e.g., under the Clery Act or state or federal law).  For situations involving a threat to someone’s health or safety, the employee shall ask the person for permission to convey the information to an appropriate office, such as law enforcement, and shall discuss with the person other ways in which the risk can be minimized. If the person refuses to have an appropriate office contacted, and the employee feels there is a threat to someone’s health or safety, then the employee may call the appropriate office and disclose the information received. In the instances where the person is under 18 years of age and discloses “abuse,” the employee shall follow state law. See Miscellaneous Information, “Information on Child Abuse Reporting,” below.

VII. University Response to Reports of Discriminatory Misconduct

The University will respond promptly and effectively to reports of Discriminatory Misconduct. This includes action to stop, prevent, correct, and when necessary, discipline, behavior that violates this Policy. If the university initiates an investigation, it will be impartial. In responding to incidents of Discriminatory Misconduct, the university will follow state and federal law, university polices, and any applicable collective bargaining agreements. Employees and students may also choose to exercise applicable formal grievances rights. A complainant’s options will be explained to that person by the Office of Investigations and Civil Rights Compliance, Human Resources, or the Office of Student Conduct and Community Standards, as appropriate.

    1. Supportive Measures 

Regardless of whether an investigation or other university process is initiated, the university will provide supportive measures as appropriate. In deciding which supportive measures to implement, the university will attempt to mitigate the impact on affected parties, while also balancing the rights of the alleged wrongdoer.

For students, supportive measures may include academic arrangements (such as class withdrawals, incomplete grades and alternative course completion, extension of deadlines), campus escort services, assistance with housing, transportation, and other support services, ombudsperson services, legal advice, confidential support persons, referrals to community agencies, and/or other reasonable measures. Students may also seek confidential resources such as health and counseling services, as well as financial assistance, visa and immigration assistance, and safety planning. All students who have experienced, witnessed, or been accused of Discriminatory Misconduct are entitled to supportive measures.

For employees, supportive measures may include change of employment conditions, leaves of absence, modifications to work schedules, safety planning, information and assistance regarding employee resources, and/or other reasonable measures. Employees may also seek confidential resources such as counseling services through the university’s Employee Assistance Program.

    1. Interim Actions

After receiving a report of Discriminatory Misconduct, the university may implement interim action(s) when determined necessary to address a substantial and immediate threat of harm to persons or property or when there are reasonable concerns that an investigation may be compromised. Interim actions will remain in place until lifted or modified by a university official with authority to do so. Interim actions aim to prevent the repetition of prohibited conduct, if occurring, and eliminate opportunities for retaliation against a complainant, the individual who reported, other specified persons, and/or a specific student organization. The specific interim action(s) implemented will vary depending on the circumstances of each report. In some instances, the university may share information regarding such interim measures with a complainant, or other appropriate individuals, on a need-to-know basis, such as safety planning. Respondents will be provided with the opportunity to raise an objection about the interim action or request that it be made less restrictive. Interim actions for employee respondents may include administrative leave or changing reporting lines.

    1. Investigation of Complaints

The Office of Investigations and Civil Rights Compliance is responsible for responding to reports of Discriminatory Misconduct under this Policy. Upon receipt of a report, complainants are offered support resources and the opportunity to meet with an investigator. Following that interview, the investigator determines whether the allegations, if proven true, would constitute a policy violation. If so, a formal complaint is drafted and the respondent is provided notice that an investigation has been initiated, offered support resources, and offered an interview. During the investigation, witnesses for both parties are interviewed, and documents such as emails, text messages, photographs, and other documentary evidence are also considered. Determinations whether or not a violation of this Policy has occurred are based on a preponderance of the evidence standard, and respondents are presumed not responsible. Following the decision, parties are afforded applicable appeal or grievance rights. Operative procedures are set forth in the Standard Operating Procedures for student cases and the Employee Formal Process for employee cases. Links to procedures for resolving student and employee formal complaints are available at the end of this policy.

    1. Corrective Action 

If the university finds that an employee, student, or university community member has engaged in Discriminatory Misconduct under this Policy, it will take immediate and appropriate corrective action. Students who have engaged in Discriminatory Misconduct may face sanctions up to and including suspension or expulsion. Employees who have engaged in Discriminatory Misconduct may face discipline up to and including termination. Campus community members who violate this Policy may be excluded from campus and may otherwise lose the right to use university property and/or to participate in university-sponsored programs and activities.

    1. Bad Faith Complaints

Individuals who make bad-faith complaints may be subject to disciplinary action, student conduct code violations, or other appropriate corrective action. A complaint is made in bad faith when it is intentionally dishonest.

    1. Remedial Action

At any time following a report of Discriminatory Misconduct, the Chief Civil Rights Officer and/or Chief Human Resources Officer may review the complaint, investigative report, and/or any sanction to determine whether additional remedies for the parties or university community are necessary to restore and preserve equal access to the university’s education programs and activities or to maintain a respectful workplace. Examples of such remedies may include the initiation or continuation of supportive measures, facilitated dialogue, and/or training for members of the university community, as well as modifications to academic, employment, or housing conditions or assignments. Remedial, non-disciplinary action may be taken where the alleged conduct does not constitute a policy violation, but additional incidents or escalation of conduct could give rise to a policy violation.

    1. Confidentiality and Privacy 

Information received in connection with the reporting, investigation, and resolution of allegations of Discriminatory Misconduct will be treated as private and will not be disclosed except to those individuals whom the university determines are necessary to conduct an appropriate investigation, to provide assistance and resources to parties, to perform other appropriate university functions, or in accordance with applicable law.

VIII. Workplace Fairness

In compliance with the Oregon Workplace Fairness Act, the university is required to notify employees of the following:

  • Oregon state law requires that any legal action taken on alleged discriminatory conduct (specifically that prohibited by ORS 659A.030, 659A.082 or 659A.112) commence no later than five years after the occurrence of the violation. Claims against the university are also subject to the notice provisions set forth in ORS 30.275, which typically requires notice to the university within 180 days of the incident.
  • The university will not require an employee to enter into any agreement if the purpose or effect of the agreement prevents the employee from disclosing or discussing conduct constituting discrimination, harassment, or sexual assault.
  • An employee claiming to be aggrieved by discrimination, harassment, or sexual assault may, however, voluntarily request to enter into a settlement, separation, or severance agreement which contains a nondisclosure, nondisparagement, or no-rehire provision and will have at least seven days to revoke any such agreement.
  • Employees are encouraged to document any incidents involving conduct that constitutes prohibited discrimination under state or federal law. 

IX. External Complaints 

The university encourages all individuals with a pertinent complaint to follow the process in this Policy. However, individuals may always choose to make a discrimination complaint directly to outside agencies or law enforcement, including, but not limited to, the Bureau of Labor and Industries’ Civil Rights Division, the Office for Civil Rights of the U.S. Department of Education, the U.S. Equal Employment Opportunity Commission, or the Educational Opportunities Section of the Civil Rights Division of the U.S. Department of Justice.

X.  Differential Treatment Required or Allowed by Law

Neither this Policy nor any other university policy shall be interpreted as preventing the university from complying with laws that require preferential treatment – such as Oregon’s Veterans Preference laws – or from engaging in constitutional admissions practices designed to achieve diversity goals.

Chapter/Volume: 
  • Volume V: Human Resources
  • Chapter 11: Human resources, other
Original Source: 
UO Policy Statement