Policy Library

Indiana State University prohibits discrimination on the basis of: age, disability, genetic information, national origin, pregnancy, race/color, religion, sex, gender identity or expression, sexual orientation, veteran status, or any other class protected by federal and state statutes. Discrimination based upon any protected class is strictly prohibited in ISU programs and activities or that interferes with the educational or workplace environment. ISU recognizes that discrimination and harassment may take many forms, and it is our collective commitment to respond promptly and vigorously to discriminatory or harassing behavior.

923.3.1 Discrimination. Discrimination means treating someone differently because of their membership in a protected class (or a perception that someone is a member of a protected class) in matters of admissions, employment, housing, services, or any other educational programs or activities of the University.  Disparate treatment discrimination occurs when there has been an adverse impact on the individual’s work or educational environment, individuals outside of the protected class have received more favorable treatment, and there is no legitimate, non-discriminatory reason for the action.  Disparate impact discrimination occurs when a University policy or practice adversely impacts persons in a protected class even though the policy or practice is neutral on its face.

923.3.2 Prohibited Harassment. Prohibited Harassment may be categorized as hostile environment harassment or quid pro quo harassment.  Hostile environment harassment is defined as unwelcome verbal or physical conduct directed toward an individual because of their membership in a protected class (or a perception that someone is a member of a protected class) that has the purpose or effect of substantially interfering with the individual’s educational or work performance, or creating an intimidating, hostile or offensive working or academic environment.  A person's subjective belief that behavior is intimidating, hostile, or offensive does not make that behavior harassment. The behavior must create a hostile environment from both a subjective and objective perspective and must be so severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives a member of the community of the ability to participate in or to receive benefits, services, or opportunities from the University’s education or employment programs and/or activities. In determining whether a hostile environment exists, the University examines the context, nature, scope, frequency, duration, and location of incidents, as well as the relationships of the persons involved.

Quid pro quo harassment occurs where submission to or rejection of prohibited conduct is used, explicitly or implicitly, as the basis for decisions adversely affecting an individual's education, employment, or participation in a University program or activity.

Examples of Prohibited Harassment include offensive jokes, slurs, name calling, intimidation, ridicule, mockery, or displaying or circulating offensive objects and pictures that are based on a protected class.  Prohibited Harassment may also include unwelcome sexual advances, requests for sexual favors, physical conduct and other verbal or physical conduct of a sexual nature that falls outside the scope of Title IX Sexual Harassment.

923.3.3 Title IX Sexual Harassment. Title IX Sexual Harassment is conduct on the basis of sex that constitutes quid pro quo harassment, Title IX Hostile Environment Sexual Harassment, sexual assault, domestic violence, dating violence, or stalking and that occurs in the United States and within the University’s Education Programs or Activities.

“Title IX Hostile Environment Sexual Harassment” is unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person access to the University’s Education Programs or Activities.

923.3.4 Sexual Misconduct. Sexual Misconduct is sexual assault, domestic violence, dating violence, or stalking that occurs off-campus, in a private setting, and/or outside the scope of the University’s Education Programs or Activities. 

ISU values the principles of freedom of expression and academic freedom, even when speech or academic discourse is uncomfortable and challenging. However, speech that is discriminatory and harassing is not protected and will be subject to investigation and possible disciplinary action.

Reports of misconduct other than discrimination or harassment will be referred by the investigator to the Office of Human Resources for Staff, the appropriate Dean for faculty, or the Office of Student Conduct and Integrity for students, including student employees.

The Director of Equal Opportunity/Title IX Coordinator is responsible for conducting the investigation or assigning an investigator to investigate the complaint of discrimination. The Director of Equal Opportunity/Title IX Coordinator will publish Complaint Resolution and Investigation Procedures, approved by the President, for all investigations of discriminatory conduct, including sexual harassment. When substantive changes to the procedures are proposed, the Director of Equal Opportunity/Title IX Coordinator or the General Counsel will consult with the officers of the shared governance units about the proposed changes.

The Complaint Resolution and Investigation Procedures will comply with the Guiding Principles for the investigation of discriminatory behavior set forth below:

1. The Investigator will remain fair, objective, and impartial throughout the investigation process and will not have a conflict of interest or bias.
2. ISU will ensure that the Title IX Coordinator, investigators, decision-makers, and any individual who facilitates alternative resolution will receive appropriate training.
3. The investigator will provide sufficient notice to the Respondent and appropriate time to prepare a response before an interview, consistent with the Complaint Resolution and Investigation Procedures.
4. The Director of Equal Opportunity/Title IX Coordinator, in consultation with appropriate university officials, may remove a student Respondent from an education program or activity, including student employment, on an emergency basis if ISU determines that an immediate threat to the physical health or safety of any student, faculty member, staff member or visitor exists arising from the allegations of sexual harassment. The Respondent will be given notice and an opportunity to challenge the decision immediately following removal.
5. Non-student employees may be reassigned consistent with Policy 501 Principles of Conduct for Faculty and Staff, Section 501.2 Extraordinary Action.
6. The Respondent will be presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the adjudication process.
7. ISU, not the Complainant or Respondent, is responsible for gathering information sufficient to reach a determination that Respondent violated the policy.
8. Complainants and Respondents will have an equal opportunity to have a support person or advisor present at interviews, consistent with the Complaint Resolution and Investigation Procedures. 
9. Complainants and Respondents will have an equal opportunity to present witnesses, including fact and expert witnesses, and other evidence, consistent with the Complaint Resolution and Investigation Procedures.
10. Complainants and Respondents will have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations in the formal complaint, consistent with the Complaint Resolution and Investigation Procedures.
11. The investigation and determination will be completed reasonably promptly.
12. The investigator will produce a report that will be available to both Complainant and Respondent in a manner consistent with the Complaint Resolution and Investigation Procedures.

The specific procedures for adjudicating prohibited conduct depend upon the nature of the Respondent's relationship to the University, and when a Respondent is an employee or a third party, on the type of prohibited conduct at issue.

923.11.1 Determinations of Discriminatory Behavior. In all investigations except those involving allegations of Title IX Sexual Harassment, Prohibited Harassment (sexual) with a student Respondent, or Sexual Misconduct with a student Respondent, the assigned investigator will make a determination about whether or not it is more likely than not that discrimination or harassment prohibited by this policy has occurred.

The final investigation report, including the determination, will be provided to the appropriate Cabinet Member(s). The Cabinet Member to whom the Respondent reports will make a determination about disciplinary action or sanctions, if warranted. The appropriate Cabinet Member may take disciplinary action against a Respondent based on the contents of the investigation report and the determination of discrimination.

923.11.2 Determinations of Title IX Sexual Harassment. Formal complaints of Title IX Sexual Harassment will be adjudicated by a Hearing Panel after the conclusion of the fact-gathering investigation. The Hearing Panel will hold a live hearing that is governed by the Guiding Principles set forth in Section 923.11.6 and conducted in accordance with Hearing Procedures approved by the President. The Hearing Panel will make the determination about whether it is more likely than not that the Respondent engaged in Title IX Sexual Harassment as defined by Section 923.3.3.

923.11.2.1 Disciplinary Outcomes in Title IX Sexual Harassment Determinations. If the Hearing Panel determines that the Respondent engaged in Title IX Sexual Harassment, federal law requires the Hearing Panel to include the sanction within its written determination.   Disciplinary outcomes for students may include, but are not limited to, a conduct warning, conduct probation, mandated assessments, educational requirements, and/or temporary or permanent separation from Indiana State University in accordance with the Code of Student Conduct. Disciplinary outcomes for faculty and staff will be consistent with University policies and procedures related to employee discipline.

923.11.3 Determinations of Prohibited Harassment (Sexual) or Sexual Misconduct (Students). Formal complaints of Prohibited Harassment (sexual) or Sexual Misconduct involving student Respondents will be adjudicated by a Hearing Panel after the conclusion of a fact-gathering investigation. The Hearing Panel will hold a live hearing that is governed by the Guiding Principles set forth in Section 923.11.6 and conducted in accordance with Hearing Procedures approved by the President. The Hearing Panel will make the determination about whether or not it is more likely than not that the Respondent engaged in Prohibited Harassment, as defined by Section 923.3.2, or Sexual Misconduct, as defined in Section 923.3.4.

923.11.4 Other Misconduct. In cases where the final investigation report identifies misconduct other than discriminatory conduct, the Cabinet member may refer the matter for further review or take disciplinary action based on the contents of the investigation report. All such disciplinary action will be consistent with ISU policy.

923.11.5 Allegations of more than one form of discrimination. If more than one form of discrimination is alleged, the investigator will make the determination regarding all allegations of discrimination or harassment that would not otherwise be determined by a Hearing Panel pursuant to this policy.

923.11.6 Hearing Procedures; Guiding Principles. The Director of Equal Opportunity/Title IX Coordinator will publish Hearing Procedures, approved by the President, for all adjudications of Title IX Sexual Harassment, Prohibited Harassment (sexual), and Sexual Misconduct. When substantive changes to the procedures are proposed, the Director of Equal Opportunity/Title IX Coordinator or the General Counsel will consult with the officers of the shared governance units about the proposed changes.

The Hearing Procedures will comply with the following Guiding Principles:

1. The Hearing Panel will remain fair, objective, and impartial throughout the investigation process and will not have a conflict of interest or bias.
2. ISU will ensure that the Hearing Panel and Advisors provided by ISU will receive appropriate training.
3. All Complainants and Respondents will be entitled to have an Advisor present during the hearing, and the Advisor will have the opportunity to question witnesses, the investigator, and the other party. The Complainant and Respondent may choose the Advisor, or, at the request of the Complainant or Respondent, ISU will provide the Advisor. No party will be allowed to ask questions of any witness, the investigator, or the other party.
4. All Complainants and Respondents will be entitled to have a support person, subject to the Hearing Procedures.
5. The hearing may, at the request of any party, be conducted in separate areas, and connected to the hearing using technology resources.
6. The Respondent will be presumed not responsible for the alleged conduct until a determination regarding responsibility is made final.
7. Complainants and Respondents will have an equal opportunity to present information to the Hearing Panel, consistent with the Hearing Procedures.

923.11.7 Notification to Complainant and Respondent. In all investigations of discriminatory conduct, both the Complainant and the Respondent will be notified in writing of the determination and, where appropriate, the disciplinary outcome.

Retaliation against participation in the reporting, investigation, or determination of discriminatory or harassing conduct is prohibited and will constitute a separate violation of this policy.

All reports of discrimination will be treated with the maximum possible privacy.