Terminology & Definitions

Verbal, written, visual, or physical conduct directed toward an individual when such conduct is due to that individual’s Protected Characteristics. Harassment on the basis of Protected Characteristics may be actionable under this policy if it creates a hostile environment. Conduct that may constitute Harassment includes, but is not limited to:

1. Epithets, slurs, negative stereotyping, threatening, intimidating or hostile acts that relate to the individual or group’s Protected Characteristics;
2. Displaying material on University premises that shows hostility or aversion to an individual or group that directly relate to the Protected Characteristics such as the display of a Confederate battle flag, a swastika, or a noose.
3. Graphic, abusive, degrading, intimidating, or offensive jokes, comments, remarks or gestures directed at an individual based upon the individual’s Protected Characteristics;
4. Threatening, intimidating, or hostile acts against an individual or group based on their Protected Characteristics;
5. Derogatory teasing, tricks, gossip, slights; excluding an individual from projects or activities; and any other acts or omissions taken because of a person’s Protected Characteristics; or
6. Retaliatory Harassment or any similar conduct when done in retaliation for engaging in a Protected Activity.

A hostile environment is created when the conduct is sufficiently severe, persistent, or pervasive and unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from their educational environment, employment, or other University programs or services. Words, images, actions, or other conduct must be unwanted from the subjective standpoint of the Complainant and must be offensive from the objective standpoint of a reasonable person.

An injurious action is any 1). act or omission that results in a negative effect ("some harm") on the terms, conditions, and privileges of employment or enrollment; or 2). conduct that interferes with a student’s ability to participate in or benefit from the University’s educational programs or activities. An “injurious action” as defined in this Policy may overlap with or be broader than the standard established in law under the term “adverse action.” Injurious actions could include, but are not limited to:

• denial or limitation of access to programs or services;
• the provision of lesser services;
• differential application of policies;
• loss of money;
• hiring, firing, promotion, or demotion;
• reduction in pay or benefits; and/or
• reassignment, transfer, or a change in duties

Race, color, national origin, ethnicity, citizenship, immigration status, disability, sex, age, genetic information, or the refusal to submit to a genetic test, past, current, or prospective service in the uniformed services, or other characteristic protected under applicable federal, Texas, or local law. These “Protected Characteristics” are interpreted consistent with the relevant laws, including all statutory and constitutional protections for religious liberty. As the University is exempt from the prohibition of religion-based discrimination, complaints of religious discrimination may not always be covered by this policy.

Allegations of sexual harassment are addressed through the Equity Office under the Sexual and Interpersonal Misconduct (“SIM”) Policy  Issues related to sex discrimination alleged to have occurred after August 1, 2024, will also be addressed in accordance with the SIM Policy  Issues related to sex discrimination alleged to have occurred prior to August 1, 2024, will be addressed in accordance with the Civil Rights Policy.

Acts or words against an individual or group of individuals involved in a Protected Activity because of participation in the Protected Activity. Retaliation can take many forms, including, but not limited to, injurious action, violence, threats, or intimidation when such acts or words would discourage a reasonable person (under similar circumstances and with similar identities to the Complainant) from engaging in Protected Activity.