Title: Policy Against Discrimination, Harassment, Intimidation and Retaliation

Approved by: Office of the President

Date approved: March 5, 2025

Effective date: March 5, 2025

Responsible Official: Senior Associate Vice President - Equity

Responsible University Office: Office of Equity

Revision History:

Related legislation and University policies:  Titles VI and VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act; The Americans With Disabilities Act; Title IX of the Education Amendments of 1972; Section 504 of The Rehabilitation Act of 1973; the Genetic Non-Discrimination Act; Ohio Revised Code Chapter 4112; Ohio Revised Code Chapter 3320; CWRU policy against sex discrimination; CWRU Policy on Freedom of Expression / Expressive Activities

Review Period: 5 Years

Date of Last Review:

Relates to: Faculty, Staff, Postdoctoral Scholars and Fellows, Students, Volunteers, Contractors, Visitors

This policy applies to everyone in the CWRU community, including all students, all employees (including but not limited to faculty, staff, postdoctoral scholars and fellows), volunteers, visitors and other individuals participating in a university activity, educational or employment opportunity or program. This policy covers conduct that occurs on university property, off-campus during a university activity, or off-campus outside of a university activity when the conduct creates or contributes to a hostile environment for students, employees, visitors or other individuals participating in a university activity.

(A) Discrimination is Prohibited

Respect for diversity is an essential element of the Case Western Reserve University (CWRU) community. CWRU strongly opposes and does not tolerate discrimination on the basis of race, sex or gender (including gender expression or identity, transgender or intersex status, sexual orientation and sexual harassment not covered by the CWRU policy against sex discrimination), pregnancy, religion, color, age, national or ethnic origin, veteran and/or military status, genetic information, disability, marital status or parental status, participation in protected activity (retaliation), and/or any other status protected by state or federal law, rule or regulation. “Discrimination” is negative or adverse treatment of an individual based on any of the classifications listed above or other legally protected status.

(1) It is the responsibility of every member of the CWRU community to foster an environment free from discrimination, harassment, intimidation and retaliation, and to notify the Office of Equity so that reasonable action may be taken to prevent or stop such conduct.  To that end, CWRU will provide mandatory training for all administration, faculty, and staff on how to respond to hate incidents or incidents of harassment that occur during a class or event held at the institution at the time the incident occurs. 

(2) To ensure fair access to university programs, activities, opportunities and employment, CWRU community members can request (through the Office for Equity or other designated office) that CWRU make reasonable accommodations based on religion, disability, pregnancy, parental status and other bases.

(B) Harassment is Prohibited

CWRU strives to provide an environment for students, faculty, staff, postdoctoral scholars and fellows and other members of the university community that is free from harassment on the basis of race, sex or gender (including gender expression or identity, transgender or intersex status, sexual orientation and sexual harassment not covered by the CWRU policy against sex discrimination, pregnancy, religion, color, age, national or ethnic origin, veteran and/or military status, genetic information, disability, marital status or parental status, participation in protected activity (retaliation), and/or any other status protected by state or federal law, rule or regulation. Harassment on the basis of any of these protected classes is a form of discrimination prohibited by this policy.

1. Harassment is unwelcome verbal, non-verbal, graphic, physical, electronic or other conduct that subjects an individual to an intimidating, hostile or objectively offensive educational or employment environment, is based on one or more of the characteristics listed above, and which:

(a) Denigrates, insults, ridicules, disparages or stereotypes an individual or an individual’s conduct, family, friends, habits or lifestyle; and

(b) Is sufficiently severe, persistent or pervasive and objectively offensive that it unreasonably limits or interferes with the individual’s ability to participate in or benefit from the university’s programs or activities or an employee’s work performance.  Petty slights, annoyances, and isolated incidents (unless extremely serious) generally do not implicate this policy.

(2)  Harassment based on gender, sexual orientation, gender identity or expression, or a person’s status as a woman or man, transgender, intersex person, or gender-nonconforming individual, or based on a student’s pregnancy or parental status, that falls within the jurisdiction of the CWRU policy against sex discrimination is investigated and addressed pursuant to that Policy and its procedures.

(3)  Ohio’s Campus Accountability and Modernization to Protect Students (CAMPUS) Act also prohibits harassment based on race or ethnicity at private, non-profit institutions of higher education and defines it as unwelcome conducts that is so severe, pervasive, and objectively offensive that it effectively denies an individual equal access to the individual’s education program or activity.^[1]

(C) Intimidation is prohibited

1. Ohio’s CAMPUS Act prohibits racial or ethnic intimidation at private non-profit institutions of higher education and defines it as committing the following acts by reason of the race, color, religion, or national origin of another person or group of persons:

            (a)        Aggravated Menacing as defined by Ohio Revised Code 2903.21

            (b)        Menacing as defined by Ohio Revised Code 2903.22

(c)     Criminal damaging or endangering as defined by Ohio Revised Code 2909.06

(d)        Criminal mischief as defined by Ohio Revised Code 2909.07

(e)   Telecommunications harassment as defined by Ohio Revised Code 2917.21(A)(3), (4), or (5).

(D) Retaliation is prohibited

CWRU prohibits retaliation against any person for: (1) reporting, opposing, or complaining of discrimination, harassment or sexual violence; (2) supporting a person who complains about such conduct; (3) assisting, providing information or participating in the investigation of an incident of discrimination, harassment or sexual violence; or (4) enforcing university policies with respect to discrimination, harassment or sexual violence. 

Retaliation is a form of discrimination, and may consist of any of the following:

1. Retaliation is any overt or covert act of reprisal, interference, restraint, penalty, discrimination, intimidation or harassment, against any person or group for exercising any rights under this policy as described above.
2. For employees, retaliation is any adverse action that would dissuade a reasonable employee from exercising their rights under this policy or engaging in other related protected activity.
3.  Prohibited retaliation includes retaliatory harassment and retaliation through a third person or persons.
4. Retaliation against a person for reporting conduct that constitutes sexual harassment as defined in the policy against sex discrimination is addressed and investigated pursuant to that Policy.

CWRU prohibits retaliation against persons whether a person’s exercise of rights is substantiated by an investigation or otherwise.  Engaging in the exercise of rights under this policy, however, does not shield individuals from all discipline or discharge. CWRU may investigate, discipline, or take other action against persons who have exercised their rights under this policy if doing so is motivated by non-retaliatory and non-discriminatory reasons that would otherwise result in such actions.  Similarly, a person who has engaged in the exercise of rights under this policy is not exempt from all counter-complaints or reports for violations of CWRU policies.  Counter-complaints, whether successful or not, shall not be considered per se retaliatory if made in good faith.

(E) Reporting discrimination, harassment, intimidation or retaliation.

(1) Information about incidents of discrimination, harassment, intimidation, and/or retaliation should be reported to the Office for Equity.  Individuals may also report incidents anonymously via CWRU’s Integrity Hotline at 1.866.483.9367 or visiting caseintegrityhotline.com.  Reporting anonymously may limit the University’s ability to investigate or obtain additional information. 

(2) All CWRU employees, except confidential resources (health care providers in University Health & Counseling Services, the gender violence advocate in the Mather Center for Women, and a cleric serving within a religious counseling purpose), who become aware of information that would lead a reasonable person to believe that an identifiable member of the CWRU community is experiencing discrimination, harassment, intimidation or retaliation should promptly report all relevant details to the Office for Equity.

(3) CWRU provides options for reporting discrimination, harassment, intimidation, and retaliation, including reporting to a university employee, a confidential resource (as defined in the preceding paragraph, a confidential resource will not share information about discrimination, harassment and/or retaliation with the Office for Equity without the consent of the person providing the information except in cases of an emergency), reporting anonymously, and reporting to law enforcement. Reports may also be made to the Ohio Civil Rights Commission, the U.S. Equal Employment Opportunity Commission or the U.S. Department of Education’s Office for Civil Rights. The Office for Equity is available to assist in obtaining contact information for these agencies.

(4) Resources available to members of the campus community dealing with discrimination, harassment and/or retaliation are available from the Office for Equity, including on its webpages.

(F) Addressing reports of discrimination, harassment, intimidation and/or retaliation

(1) The Office for Equity is responsible for implementing this Policy, training members of the CWRU community to recognize and avoid engaging in conduct that violates this Policy, investigating allegations of violations of this Policy, responding to reports of such violations, and identifying appropriate remedial measures to address any violation of this Policy.

(2) CWRU takes seriously the desire for privacy sought by persons involved in a matter concerning discrimination, harassment, intimidation or retaliation. The university shares information about such matters on a limited, "need to know" basis, in accordance with federal and state privacy laws and other university policies.

(3) Investigation Findings. When an investigation substantiates a report of discrimination, harassment, intimidation and/or retaliation, the Office of Equity will promptly take remedial measures to correct the violation, eliminate its effects and prevent its recurrence. If the Office of Equity substantiates a report of discrimination, it will provide the investigation and all supporting evidence, to the appropriate University process to determine if disciplinary action is warranted as specified by that process. 

(4) The intentional provision of false information in a report of a possible violation of this policy or during the course of an investigation constitutes a violation of this policy and potentially other university policies. Information provided in good faith about suspected discrimination, harassment, intimidation or retaliation does not constitute the provision of false information even if, upon investigation, the report is not substantiated.

   (G) Mandatory Communications

At the conclusion of an investigation concerning allegations of harassment or intimidation based on race or ethnic background, the Office of Equity will send any mandatory communications to identified individuals who submit a complaint and individuals who are the subject of a complaint, regardless of whether the University takes disciplinary action.  These communications may include educational information on the institution’s policy against racial, religious, and ethnic harassment and intimidation.