58 Nova Southeastern University Student Handbook • timely and equal access to information that may be used during informal and formal disciplinary meetings and hearings E. Additional Grievance Procedures Available E.1 Grievance Procedure for Discrimination Based on Disability Nova Southeastern University has established the below grievance procedures to review, investigate, and resolve allegations of discrimination, harassment, and/or retaliation in violation of the University Equal Opportunity/Nondiscrimination Policy, other than complaints subject to the NSU Title IX/Sexual Misconduct Policy, which will follow the policies and procedures contained therein. a. Discrimination Discrimination occurs whenever an individual is denied the same opportunities as other university students, faculty members, staff members, or third parties because of their status in a protected class as defined by the University Equal Opportunity/Nondiscrimination Policy. b. Harassment Harassment on the basis of an actual or perceived protected characteristic indicated in the University Equal Opportunity/Nondiscrimination Policy is also a form of prohibited discrimination. Harassment consists of unwelcome verbal, written, or physical conduct based on a protected characteristic, when • such conduct has the purpose or effect of unreasonably interfering with the individual’s work or educational performance • such conduct creates or has the intention of creating an intimidating, hostile, or offensive working and/or learning environment • such conduct unreasonably interferes with or limits one’s ability to participate in or benefit from an educational program or activity c. Hostile Environment The university will not tolerate the creation or existence of an environment that is hostile on the basis of a protected class as detailed in the University Equal Opportunity/Nondiscrimination Policy. Such a hostile environment is defined as harassing conduct (e.g., physical, verbal, graphic, or written) related to an individual’s protected class that is sufficiently severe, pervasive, or persistent so as (1) to interfere with or limit the ability of an individual to participate in or benefit from the university’s programs and activities, or (2) to unreasonably interfere with an individual’s work or academic performance by creating an objectively intimidating, hostile, or offensive work or learning environment. Whether the harassing conduct is considered severe, persistent, or pervasive depends upon the context in which the behavior occurred. Requirements for Filing Complaints of Discrimination The purpose of this policy is to provide for the prompt, adequate, and impartial investigation of all complaints of discrimination and/or harassment.
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