Definitions of Discrimination and Harassment. The University has established policies which define and prohibit discrimination and harassment and which apply to all Student Employees. These relevant policies include the “Sexual and Gender-Based Harassment, Sexual Violence, Relationship and Interpersonal Violence and Stalking Policy” and the “Brown University Discrimination and Harassment Policy” and the “Americans with Disabilities Act.” Definitions of discrimination and harassment specific to this Agreement, and consistent with those University policies, follow below and are included here for informational reference. The Union and the University acknowledge that as an employer the University is subject to compliance with federal, state and local law, including regulations, guidance, court decisions, and other external factors (collectively “the law”) which may change from time to time and are beyond the control of the University and outside the terms of this Agreement. If there is a conflict between this Agreement and University policy, this Agreement shall be controlling, provided that this Agreement does not limit or interfere with the University’s compliance with the law. Unlawful discrimination is defined by federal and/or state statute to include unfavorable or unfair treatment of a person or class of persons because of race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity, and gender expression. Unlawful harassment is harassment that refers to or is based upon the protected status of the person or persons being harassed, as defined by relevant federal and/or state statutes. Unlawful harassment in the work and educational environment is created if conduct of another person is sufficiently severe or pervasive such that it interferes with an employee’s ability to perform their job or denies or limits a student’s ability to participate in or benefit from the University’s programs and thus creates a hostile work or learning environment. In evaluating whether a hostile environment exists, the totality of known circumstances shall be considered, including, but not limited to:
1. The frequency, nature, and severity of the conduct;
2. Whether the conduct was physically threatening;
3. The effect of the conduct on the grievant’s mental or emotional state;
4. Whether the conduct was directed at more than one person;
5. Whether the conduct arose in the context of other discriminatory conduct;
6. Whether the conduct unreasonably interfered with t...
Definitions of Discrimination and Harassment. The University has established policies which define and prohibit discrimination and harassment and which apply to all Student Employees. These relevant policies include the “Sexual and Gender-Based Harassment, Sexual Violence, Relationship and Interpersonal Violence and Stalking Policy” and the “Nondiscrimination and Anti-Harassment Policy” and the “ Americans with Disabilities Act.” Definitions of discrimination and harassment specific to this Agreement, and consistent with those University policies, follow below and are included here for informational reference. The Union and the University acknowledge that as an employer the University is subject to compliance with federal, state, and local law, including regulations, guidance, court decisions, and other external factors (collectively “the law”) which may change from time to time and are beyond the control of the University and outside the terms of this Agreement. If there is a conflict between this Agreement and University policy, this Agreement shall be controlling, provided that this Agreement does not limit or interfere with the University’s compliance with the law. Unlawful discrimination is defined as unfavorable or unfair treatment of a person or class of persons because of race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity, gender expression, or any other characteristic protected under applicable federal or state law, or caste, which is protected under the Corporation of Brown University’s Policy Statement on Equal Opportunity, Nondiscrimination and Affirmative Action. Unlawful harassment is harassment that refers to or is based upon the protected status of the person or persons being harassed, as defined by relevant federal and/or state statutes. Unlawful harassment in the work and educational environment is created if conduct of another person is sufficiently severe or pervasive such that it interferes with an employee’s ability to perform their job or denies or limits a student’s ability to participate in or benefit from the University’s programs and thus creates a hostile work or learning environment. In evaluating whether a hostile environment exists, the totality of known circumstances shall be considered, including, but not limited to:
1. The frequency, nature, and severity of the conduct;
2. Whether the conduct was physically threatening;
3. The effect of the conduct on the grievant’s mental or emotional state;
4. Whether th...
Definitions of Discrimination and Harassment. (a) Discrimination
Definitions of Discrimination and Harassment. The University has established policies which define and prohibit discrimination and harassment and which apply to all Graduate Student Employees. These relevant policies include the “Sexual and Gender-Based Misconduct Policy” and the “Nondiscrimination and Anti-Harassment Policy” and the “Americans with Disabilities Act.” Definitions of discrimination and harassment specific to this Agreement, and consistent with those University policies, follow below and are included here for informational reference. The Union and the University acknowledge that as an employer the University is subject to compliance with federal, state and local law, including regulations, guidance, court decisions, and other external factors (collectively “the law”) which may change from time to time and are beyond the control of the University and outside the terms of this Agreement. If there is a conflict between this Agreement and University policy, this Agreement shall be controlling, provided that this Agreement does not limit or interfere with the University’s compliance with the law. During the life of this Agreement, should the Office for Civil Rights of the United States Department of Education issue new formal rules under its Title IX authority that require the University to modify its current Title IX policies and procedures, the University shall notify the union at the earliest possible opportunity of its intent to modify its current Title IX policies. The University shall also notify the Union at least 14 days in advance of the finalizing any such changes, and provide an opportunity at least 7 days in advance for the Union to meet and discuss in good faith the proposed changes. Unlawful discrimination is defined by federal and/or state statute to include unfavorable or unfair treatment of a person or class of persons because of an Impermissible Factor: race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity, and gender expression. Unlawful harassment is harassment that refers to or is based upon the protected status of the person or persons being harassed, as defined by relevant federal and/or state statutes or University policies. Unlawful harassment in the work and educational environment is created if conduct of another person is sufficiently severe or pervasive such that it interferes with an employee’s ability to perform their job or denies or limits a student’s ability to participate in or benefit from the Uni...
