Definitions

Discrimination

Discrimination means treating an individual adversely in University admissions or in the conduct of educational programs or activities, including employment, based on sex, sexual orientation, gender identity or expression, pregnancy, childbirth or related conditions, race, color, national or ethnic origin,¹ religion, age, disability, protected veteran status, or other protected classes as set forth in federal and Connecticut law (“protected characteristics”). 

Harassment

Harassment means subjecting an individual to unwelcome conduct based on any protected characteristics, when such conduct (i) is subjectively and objectively offensive and (ii) sufficiently severe or pervasive that (iii) based on the totality of the circumstances, it has the effect of unreasonably interfering with, limiting, or denying the individual’s ability to participate in or benefit from university programs or activities, including employment, by creating a hostile environment. Harassment may be found in a single severe episode, as well as in persistent behavior. Harassment is evaluated using a “reasonable person” standard.

Retaliation

Retaliation means any adverse action taken against a person who has reported a concern, filed a complaint, and/or participated in an investigation or engaged in other protected activity pursuant to this policy. Retaliation includes conduct that would discourage a reasonable person from engaging in activity protected under this policy. Retaliation may be present even where there is no finding of a violation of University policy on the underlying allegations of Discrimination, Harassment, or Sexual Misconduct.  Retaliation does not mean good faith actions lawfully pursued in response to a report of Discrimination, Harassment, or Sexual Misconduct. 

Appendix A

Yale Sexual Misconduct Policies and Related Definitions to the Policy Against Discrimination, Harassment, and Sexual Misconduct contains definitions of conduct defined as Sexual Misconduct under the Policy as well as related definitions under federal Title IX regulations.² 

Footnotes

[1] Consistent with federal law and guidance, national origin includes an individual’s actual or perceived: (i) shared ancestry or ethnic characteristics; or (ii) citizenship or residency in a country with a dominant religion or distinct religious identity. (See United States Department of Education, Office for Civil Rights, Dear Colleague Letter, November 7, 2023.)

[2] Yale’s policies and procedures related to Discrimination, Harassment, Sexual Misconduct, and Retaliation are not intended to infringe on the free expression of ideas in contravention of Yale’s free expression policies.