Workplace Prohibited Discrimination and Harassment Policy

Purpose:

Willamette University strives to provide a community where students, faculty, staff and others work, learn, and live together in an environment free of all forms of discrimination and harassment.  Discrimination and harassment subvert the mission of the University. Tolerance and respect for individual dignity and worth are guiding principles for our relations with each other.  

Willamette University prohibits and will not tolerate any employee, including student employees acting in the course and scope of their job duties, engaging in discrimination or harassment against any individual in the University community, including other employees, applicants for employment, students, applicants for admission, volunteers, visitors, contractors, or other people engaged in University activities, based on the person’s protected class. 

Discrimination based on sex, sexual assault, and sexual harassment are governed by the University’s Title IX Policy.

Definitions Related to this Policy:

Discrimination means excluding from participation, denying the benefits of, or otherwise subjecting a person or group of people to different treatment based on Protected Class(es).

Discriminatory Harassment means unwelcome verbal or physical conduct that is based on a Protected Class and that: (1) creates or is intended to create an intimidating, hostile, or offensive working or learning environment; or (2) unreasonably interferes, limits, adversely affects, or is intended to interfere with, limit, or adversely affects a person's educational or employment environment or otherwise adversely affects a person’s educational or employment opportunities.  Discriminatory Harassment based on sex is governed by the University’s Title IX policy.

Protected Activity means reporting discriminatory or harassing behavior; disclosing/reporting violations of law and university policies, and participation in proceedings related to reports of prohibited conduct, such as investigations.

Protected Classes include race, color, ethnicity, ancestry, religion, sex, sexual orientation, actual or perceived gender identity, pregnancy, national origin, disability, age, genetic information, marital status, medical condition, military or veteran status, or any other characteristic protected by applicable local, state, or federal law. 

Workplace includes when employees are on University premises, at University-sponsored off-site events, traveling on behalf of the University, or conducting University business, regardless of location.

Policy: 

1. Prohibited Conduct - Willamette University strictly prohibits Discrimination and Harassment in the Workplace based on Protected Class.
2. Duty to Report Prohibited Conduct - All employees are responsible for following this policy and reporting inappropriate conduct. Any employee who fails to report known Discrimination or Harassment may be subject to disciplinary action, up to and including termination of employment.
3. Protection Against Retaliation - The University prohibits retaliation in any way against any person because they experienced or witnessed conduct in violation of this policy and reported that conduct or participated in an investigation relating to that conduct. 
   1. Anyone who believes they have been subjected to or witnessed retaliation in violation of this policy should immediately report the conduct as outlined in the reporting procedure below (see section 6).  
   2. Any employee who is found to have retaliated against another individual in violation of this policy may be subject to disciplinary action, up to and including termination of employment.
4. Time Limitations - Nothing in this policy precludes any person from filing a formal grievance or a complaint with the Bureau of Labor and Industries’ Civil Rights Division or the Equal Employment Opportunity Commission. 
   1. Oregon state law requires that any legal action taken on alleged discriminatory conduct in violation of ORS 659A.030, 659A.082, or 659A.112 must do so no later than five years after the occurrence of the violation, for events occurring on or after October 1, 2019.  
   2. Other applicable laws may have a shorter time limitation on filing.
5. Limitations on Nondisclosure, Nondisparagement, and No-Rehire Provisions  
   1. Pursuant to the Oregon Workplace Fairness Act, the University will not require a former, current, or prospective employee to enter into any agreement if the purpose or effect of the agreement prevents the former, current, or prospective employee from disclosing or discussing conduct constituting Discrimination or Harassment, except when permitted by law.
   2. A former, current, or prospective employee claiming to be aggrieved by unlawful Discrimination, or Harassment may voluntarily request to enter into a settlement, separation, or severance agreement which contains a nondisclosure, nondisparagement, or no-rehire provision and will have at least seven days to revoke the agreement after signing. The University will not offer a settlement on the condition of a request for these terms.
   3. For purposes of this policy:
      • Nondisclosure agreement means any agreement by which one or more parties agree not to discuss, disclose, or use information regarding any complaint of work-related Harassment or  Discrimination, including the amount or terms of a settlement. 
      • Nondisparagement agreement means any agreement by which one or more parties agree not to discredit or make negative or disparaging written or oral statements about any other party or the university. 
      • No-rehire provision means any agreement that prohibits an employee from seeking reemployment with the university and allows the university to not rehire that individual in the future. 
6. Reporting Procedures - All employees should document any incidents involving Discrimination or Harassment. Anyone who believes they have witnessed or have been subjected to prohibited Discrimination or Harassment, or retaliation in violation of this policy must immediately report the incident, orally or in writing, using the following procedure:
   1. Reports should be submitted to the Assistant Vice President (AVP) for Human Resources via the following methods: online reporting system, hr@willamette.edu, or by calling 503-370-6210 as soon as possible. Alternatively, reports of prohibited conduct may be made to an immediate supervisor. Timely reporting of prohibited conduct allows for a more thorough investigation and provides an opportunity for the university to take immediate action to prevent further prohibited conduct. 
   2. Complaints involving students that are not employment-related or otherwise covered by this policy should be directed to the Office of Student Affairs. 
   3. Cases involving allegations of sexual or gender-based misconduct that fall under Title IX will be handled through the university’s Title IX policy and procedures.
   4. For questions regarding which policy governs a specific situation employees should contact the Office of Human Resources at 503-370-6210, or hr@willamette.edu. Students should contact the Office of Student Affairs.
7. Complaints, Investigations, and Resolutions  
   1. The University will document complaints, reports, or incidents of alleged violations of its Workplace Prohibited Discrimination and Harassment Policy.  
   2. The AVP for Human Resources is responsible for resolving issues identified in any complaint or report.  The AVP for Human Resources may delegate this responsibility internally. 
   3. All complaints and reports will be promptly and impartially investigated and will be kept confidential to the extent possible and permitted by law, consistent with the need to investigate the complaint and address the situation.  The AVP for Human Resource may retain an outside investigator based on the nature and circumstances of the complaint or report.
   4. If Discrimination or Harassment in violation of this policy is found to have occurred, the University will take prompt, appropriate corrective action, and any employee found to have violated this policy will be subject to disciplinary action up to and including termination of employment.

Effective Date: September 01, 2024
Responsible Person/Primary Contact: AVP for Human Resources
Responsible University Office: Human Resources