Non-Discrimination and Anti-Harassment


Policy

The Academia Society, Inc. is committed to creating and maintaining an environment that is free from all forms of discrimination, harassment, and sexual misconduct.  To this end, The Academia Society, Inc. prohibits all forms of discrimination and harassment, including sexual harassment, misconduct, and abuse.  Any conduct or behavior which constitutes any form of discrimination, harassment, or sexual misconduct will not be tolerated.  Under federal and state law, these protected categories, include age, race, color, sex, religion, national origin, and disability.

Reports of violations of this policy should be submitted to the Regional Director.  The Regional Director will forward the reports to the Supreme Basileus and General Counsel (if applicable).  Retaliation against any person arising from the good faith reporting of a suspected violation of this policy or for participation in an investigation under this policy is prohibited.  Violations of this policy may result in disciplinary action up to and including revocation of membership in the Society.

Any member who believes that he/she is the victim of harassment shall have the right to seek an investigation or to file a compliance in accordance with this policy.

DISCRIMINATORY CONDUCT

    1. Discrimination is conduct that includes unjust or prejudicial treatment based upon an individual’s sex, race/color, religion, national origin, age, disability, service in the uniformed services (as defined in state and federal law), veteran status, political ideas, marital or family status, pregnancy, genetic information, genetic identity, gender expression, or sexual orientation that excludes an individual from participation in, denies the individual the benefits of, treats the individual differently, or otherwise adversely affects a term or condition of a person’s working environment.  This includes failing to provide reasonable accommodation, consistent with state and federal law, to persons with disabilities.
    2. Harassment is conduct based upon an individual’s sex, race/color, religion, national origin, age, disability, service in the uniformed services (as defined in state and federal law), veteran status, political ideas, marital or family status, pregnancy, genetic information, genetic identity, gender expression, or sexual orientation that excludes an individual from participation in, denies the individual the benefits of, treats the individual differently, or otherwise adversely affects a term or condition of a person’s working environment.  Harassing conduct may take various forms, including name-calling, graphic or written statements (including the use of cell phones or the Internet), or other conduct that may be physically threatening, harmful, or humiliating.  Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents.  Sex-based harassment includes sexual harassment, which is further defined below, and non-sexual harassment based on stereotypical notions of what is female/feminine v. male/masculine or a failure to conform to those gender stereotypes.

The following are three (3) types of harassment:

        • Stalking means a pattern of words, whether verbal, written, or electronic, or a course of conduct consisting of two or more acts directed at a specific person that serves no legitimate purpose and would cause a reasonable person to fear for her, his, or others’ safety, to fear damage to his or her property or property belonging to a member of his or her family, or to suffer substantial emotional distress.
        • Bullying and cyber-bullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally [and are not protected by freedom of expression].
        • Sexual harassment is unwelcome gender-based verbal or physical conduct that is sufficiently severe, persistent or pervasive, unreasonably interferes with, denies or limits an individual’s ability to participate in or benefit from the working environment, educational program and/or activities, and is based on the creation of a hostile environment, power differentials (quid pro quo), or retaliation, including:
          • Hostile Environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive, and objectively offensive that it alters the conditions of membership or limits, interferes with, or denies membership or educational benefits or opportunities, from both subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint.

Quid pro quo exists when there are unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and submission to or rejection of such conduct is an implicit or explicit term/condition of membership or educational program, or is used as a basis for a decision affecting an individual’s participation in a complaint or investigation of discrimination, harassment, or sexual misconduct.

Retaliation is any adverse membership or educational action taken against an individual because of the individual’s participation in a complaint or investigation of discrimination, harassment, or sexual misconduct.

Examples of sexual harassment include:

  • Submission to prohibited conduct is made, either explicitly or implicitly, a term or condition of an individual’s membership or access to a membership or educational benefit; or
  • Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting that individual's membership, academic standing or other decisions regarding educational benefits.

Sexual Misconduct encompasses a range of behavior used to obtain sexual gratification against another’s will or at the expense of another.  Sexual misconduct includes sexual harassment, sexual assault, and any conduct of a sexual nature that is without consent, or has the effect of threatening or intimidating the individual against whom such conduct is directed.  Acts of sexual misconduct may be committed by any individual upon any individual, regardless of the sex, gender, sexual orientation, and/or gender identity of those involved.  Sexual misconduct includes, but is not limited to, the following prohibited forms:

  • Non-consensual Sexual Contact includes any intentional sexual touching, however slight, with any object, by one individual upon another individual that is without consent.  Sexual contact includes: intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or any intentional bodily contact in a sexual manner, though not involving contact with breasts, buttocks, groin, genitals, mouth or other orifice.
  • Non-consensual Sexual Intercourse includes any sexual intercourse, however slight, or with any object, by one individual upon another individual that is without consent.  Intercourse includes: vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.
  •  Sexual Exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.  Examples of sexual exploitation include, but are not limited to: invasion of sexual privacy, non-consensual video or audio-taping of sexual activity, going beyond the boundaries of consent, engaging in voyeurism, exposing one’s genitals in non-consensual circumstances, inducing another to expose their genitals, or sexually-based stalking and/or bullying.
  • Sexual Assault means an actual or attempted sexual contact with another individual without the individual’s consent.  Sexual assault includes, but is not limited to: involvement in any sexual contact when the victim is unable to consent; intentional and unwelcome touching of, coercing, forcing, or attempting to coerce or force another to touch an individual’s intimate parts, or disrobing or exposure of another without consent; or sexual intercourse without consent, including acts commonly referred to as “rape.”  Intimate parts may include genitalia, groin, breast, or buttocks, or any other body part that is touched in a sexual manner.
  • Relationship Violence encompasses a broad range of behaviors including sexual assault, physical abuse, and other acts, threats, or a pattern of abusive behavior of a physical or sexual nature by one individual intended to control, intimidate, manipulate, humiliate, frighten, coerce, or injure the other.  These acts may be directed toward a spouse, an ex-spouse (also referred to as “domestic violence”), or by a current or former intimate partner (also referred to as “dating violence”).
  • Domestic violence includes asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, persons who have a child in common, or anyone else protected under domestic or family violence law.Additional applicable definitions:

Consent is clear, knowing, and voluntary agreement.  Consent is active, not passive.  Silence, in and of itself, cannot be interpreted as consent.  Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.  Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.  Previous relationships or prior consent cannot imply consent to future sexual acts.

Force is the use of physical violence and/or imposing on someone physically to gain sexual access.  Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent (i.e. “Have sex with me or I’ll hit you.  Okay, don’t hit me, I’ll do what you want.”).

RETALIATION

The Academia Society, Inc. strictly prohibits retaliation against any victim or witness who has reported discrimination and/or harassment in good faith or otherwise participated in an investigation of discrimination and/or harassment.

No individual involved in the complaint process shall suffer retaliation because of his/her filing of, or participation in, the complaint process.  The Society’s Disciplinary Action policy will be used to address any case of alleged retaliation.

MANDATORY MEMBER REPORTING OF DISCRIMINATION, HARASSMENT, AND SEXUAL MISCONDUCT

All members are responsible for helping to eliminate discrimination, harassment, and sexual misconduct.  Individuals who believe that he/she received information, experienced, or possibly witnessed discrimination, harassment, and/or sexual misconduct, the member should immediately notify his/her Regional Director, or any other appropriate Society official.

In regards to members, a responsible member includes any member who: has authority to take action to redress discrimination, harassment, and sexual misconduct; who has the duty to report discrimination, harassment, and sexual misconduct or other types of misconduct to a human resources representative, or any other appropriate Society official; or whom a member could reasonably believe has this authority or responsibility.

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