Oregon State University is committed to creating and maintaining an equitable and inclusive working and learning environment. All individuals who are participating in university programs and activities, and all those who apply to participate in university programs and activities, have the right to do so fully, free from prohibited discrimination, discriminatory harassment, and retaliation.
Discrimination
Conduct, either intentional or unintentional, based on a protected status that:
- Excludes an individual from participation in any university program or activity for which they are otherwise eligible; or
- Denies the individual the benefits of a university program or activity for which they are otherwise eligible; or
- Otherwise adversely affects a term or condition of an individual’s employment, education, on-campus housing, or participation in a university program or activity.
The failure to provide reasonable accommodations required by law or university policy based on disability, pregnancy, or religious practice may constitute discrimination.
Discriminatory Harassment
Conduct towards an individual (or group of individuals), based on protected status, that is unwelcome and sufficiently severe or pervasive that:
- It creates an intimidating, hostile, or offensive environment in which to work, learn, or participate in a university program or activity; or,
- It unreasonably interferes with the individual’s academic pursuits, employment, or participation in a university program or activity; and
- A reasonable person in the same circumstance would be similarly affected by the conduct.
Discriminatory harassment may take many forms, including verbal acts such as name calling, oral statements, and visual, electronic, or written statements, or other conduct that a reasonable person would find physically threatening, harmful, or humiliating. Discriminatory harassment does not have to involve the intent to cause harm, be directed at a specific individual, or involve repeated incidents in order to be prohibited.
Retaliation
Retaliation is any action that adversely affects the employment, education, or access to a university program or activity of an individual due to the individual’s engagement in protected activity.
Adverse action is any action that is reasonably likely to deter a reasonable person in the same circumstances as the individual from engaging in protected activity. Adverse action does not include (1) petty slights or trivial annoyances; or (2) action, including employment or academic action, which would have been taken regardless of the individual’s engagement in protected activity.
Protected activity, as used in the retaliations policy, includes (1) filing a complaint or report with an official Oregon State University office or a state or federal agency, or otherwise participating in the university’s or a state or federal agency’s inquiry, investigation, or other dispute resolution process pertaining to discrimination, harassment, or other conduct prohibited by university policy, the Code of Student Conduct, or applicable law; or (2) opposing conduct that the individual reasonably believes is prohibited by law; or (3) participating in the university’s reasonable accommodation processes under the Americans with Disabilities Act (ADA).
Protected Statuses and Identities
The university prohibits unlawful discrimination on the basis of age, race, color, religion, sex, sexual orientation, gender identity or expression, national origin, citizenship, marital or family status, pregnancy, disability, genetic information, protected veteran status / service in the uniformed service, or any other status protected by law or OSU policy.
Policy
Resolution Process
This process applies in all instances in which a student, employee, or other individual under the jurisdiction of applicable policies is alleged to have engaged in behavior that would violate any of the provisions of OSU's Non-Title IX Sexual Misconduct and Discrimination, Discrimination, Discriminatory Harassment, and Retaliation policies. All Non-Title IX Processes (PDF)
Reporting
EOA documents any reports made to EOA that involve potential unlawful discrimination, discriminatory harassment, or retaliation. Individuals are encouraged to promptly report concerns to EOA or to otherwise document any related incidents.
EOA can provide information on available rights and resources and consultation to individuals even if they do not submit a formal complaint to EOA and even if they do not want to proceed with a resolution into their situation. For individuals seeking a resolution through EOA, several informal resolution options are available or EOA may proceed with an investigation when the alleged conduct could violate OSU policy.
OSU employees who are represented by a union are encouraged to consult with their union steward or collective bargaining agreement immediately if they plan to bring a concern to EOA, as consulting with EOA may impact deadlines or employee rights under their respective collective bargaining agreement.
Filing a complaint with EOA does not preclude you from filing with other federal or state agencies.
Related Information
Information on the Oregon Workplace Fairness Act
Federal "EEO is the Law" Equal Opportunity Informational Poster; Supplement