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Definition

Discriminatory harassment is contrary to University of Louisville policy and may also be illegal. The university defines discriminatory harassment as:

  1. Behavior of any type (oral, written, graphic, physical) that creates a "hostile environment." Hostile environment harassment includes, but is not limited to, unwelcome comments or conduct that have the purpose of unreasonably interfering with an individual's work or academic performance, participation in a sponsored university activity, or creating an intimidating, hostile or offensive working or learning environment that a reasonable person would find threatening or intimidating;
  2. The behavior is directed at persons because of their race, color, national or ethnic origin, religion, gender (whether or not sexual in nature), age, disability, veteran status, or sexual orientation, gender identity unless otherwise permitted or required by applicable law; or
  3. Employment or academic decisions made in retaliation for a person's unwillingness to submit to such conduct, or benefits or privileges provided as a result of such submission; or participation in a university, state, or federal discrimination investigation AND, which also unreasonably interferes with the person's work or academic performance or participation in university activities, or creates a working or learning environment that a reasonable person would find threatening or intimidating.

A person must be in a position of authority to act on behalf of the university (for example, a supervisor with respect to an employee, or a faculty member with respect to a student) for parts 2 or 3 above to be applicable. Part 1, however, does not require that a person misuse university-delegated authority, and applies whenever such conduct by any person while on university grounds or during university activities interferes with work or academic performance or participation in university activities, or creates a working or learning environment that would be threatening or intimidating to any reasonable person under the same circumstances.

Nothing herein overrides existing university policy, or circumscribes the authority of the university to establish policy that is not otherwise contrary to law.

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