In keeping with its values, University of the Pacific considers students, employees, applicants for admission or employment, and those seeking access to university programs on the basis of individual merit. The university does not discriminate on the basis of actual or perceived: race; ethnicity; color; national origin; citizenship status; hair texture and protective hairstyles; ancestry; language, caste, sex*; gender*; gender identity*; gender expression*; sexual orientation*; status as a victim of domestic violence, assault, or stalking*; pregnancy, childbirth, breastfeeding or related medical conditions* **; parenting status; marital or relationship status; religious, spiritual, and secular identities; creed; age (40 and over); medical condition (including cancer or genetic characteristics); AIDS/HIV status; disability: physical or mental**; genetic information; height and weight or body size; Care-giving status; military service or veteran status; political affiliation or belief; or any other status protected by law (hereinafter defined as “Protected Classes").
*The Policy Prohibiting Sexual Misconduct, Discrimination and Retaliation will be utilized to address potential violations related to sex, gender, gender identity, gender expression, and sexual orientation. **The ADA Grievance Policy will be utilized to address potential violations related to disability.
The purpose of this Policy is to:
This policy applies to all Pacific community members, including faculty, staff, administrators, students, postdoctoral scholars, researchers, visitors, consultants, contractors, volunteers and others who participate in Pacific's programs and activities including, Pacific affiliates providing services to Pacific such as mentors and other third parties, such as contractors and vendors. Its application includes Pacific programs and activities both on and off-campus, including global programs.
For university employees, nothing in this Policy changes the at-will status of their employment or creates any right of continued employment.
When the Respondent or Complainant is not a Pacific Student or employee, a grievance process may still be available. Mandated Reporters and Responsible Employees
Failure of a Mandated Reporter or Responsible Employee, as described within this Policy and associated Procedures, to report an incident of Harassment or Discrimination of which they become aware is a violation of university policy and can be subject to disciplinary action for failure to comply.
ReportingThe university community may report suspected violations of this policy to the Director of Equitable Rights and Responsibilities or the Office of Compliance and Ethics. Contact information (including links for anonymous reporting) and including at the end of this policy.
ScopeThe university's prohibition of Identity-Based Misconduct includes conduct occurring on campus or off campus, including online and electronic communication or other conduct, when the university determines there is a nexus to the university and the university has a substantial interest. Regardless of where the conduct occurred, the university will address notice/complaints to determine whether the conduct occurred in the context of its employment or educational program or activity or has continuing effects on campus or in an off-campus sponsored program or activity. The university has a substantial interest in conduct when it:
University policies and procedures apply to conduct that takes place once a person becomes a Student or employee of the university, including periods during academic breaks and between semesters/academic terms. This Policy applies to and protects visitors to the university. Visitors may file a Complaint for alleged violation(s) of university policies and procedures committed by members of the Pacific community. Pacific community members may be held accountable for the conduct of their guests.
Terms in this Policy that are capitalized (e.g., “Complainant" or “Respondent") are defined below. Additional terms below are further defined in the associated Procedures.
Students, staff, administrators, and faculty are entitled to an employment and educational environment that is free of harassment, discrimination, and retaliation based on membership or perceived membership of a Protected Class. This Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane but controversial or sensitive subject matters protected by academic freedom.
The sections below describe the specific forms of Identity-Based Misconduct prohibited under university policy.
1. Discriminatory Harassment
Harassment based on Protected Class that creates a Hostile Environment. A Hostile Environment is one that unreasonably interferes with, limits, or effectively denies an individual's educational or employment access, benefits, or opportunities. This effect results from harassing verbal, written, graphic, or physical conduct that is severe, or pervasive or objectively offensive.
2. Threatening or causing physical harmVerbal, emotional, or psychological abuse, or other conduct which threatens or endangers the health or safety of any person based on Protected Class.
3. Identity-Based DiscriminationGiving preferential or detrimental treatment to a person to the disadvantage of one who identifies or is perceived to be a member of a Protected Class. 4. Intimidation
Actual or implied threats or acts based on Protected Class that cause an unreasonable fear of harm in another.
5. Identity-Based Hazing
Words or actions based on Protected Class that are likely to cause physical or psychological harm or social ostracism to any person within the Pacific community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Hazing Policy).
6. Identity-Based Bullying
Any severe or pervasive physical or verbal act of conduct based on Protected Class, including communication made in writing or by means of electronic act, and including one or more acts committed by an individual or a group of individuals directed toward one or more individual that has or has or can be reasonably predicted to have the effect of one of the following:
7. Violation of No Contact/Supportive or Protective Measures
Failure to comply with the requirements of a no contact order or other Supportive or protective Measures.
8. AttemptsConduct that, if successful, would constitute or result in the prohibited conduct.
Protected activity under this policy includes reporting an incident that may implicate this Policy, participating in the Grievance Process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, or acting in good faith to oppose conduct that constitutes a violation of this Policy.
It is prohibited for the university or any member of the Pacific community to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy and associated procedure.
When speech or conduct is protected by academic freedom or Leonard's Law, it will not be considered a violation of university policy, though supportive measures will be offered to those impacted.
Violation of any other university policies may constitute a Civil Rights Offense when a violation is motivated by actual or perceived membership in a protected class, and the result is a Discriminatory limitation or denial of employment or educational access, benefits, or opportunities.
In accordance with the procedures associated with this policy, sanctions for the above-listed Offenses range from warning through dismissal/termination.
Amnesty for Complainants and WitnessesUniversity of the Pacific encourages reporting of alleged violations of the Policy Prohibiting Identity-Based Harassment, Discrimination, and Retaliation. The university will ensure that an individual who participates as a Complainant or witness in an investigation of this Policy will receive amnesty and will not be subject to disciplinary sanctions for a violation of the university's student conduct policies regarding drug or alcohol use at or near the time of the incident, unless the university determines that the violation was egregious. Egregious violations include acts that place the health or safety of any other person at risk. The university reserves the right to require individuals to participate in health and safety assessments or educational programs.
It is in the best interests of the university community that Complainants choose to report potential violations of the Policy to university officials, that witnesses come forward to share what they know, and that all parties be forthcoming during the process.
Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty to a Respondent is based on the fact that collateral misconduct is typically addressed for all students within a progressive discipline system, and the rationale for amnesty – the incentive to report serious misconduct – is rarely applicable to a Respondent with respect to a Complainant.
Students: Sometimes, students are hesitant to assist others for fear that they may get in trouble themselves (for example, an underage student who has been drinking or using marijuana might hesitate to help take an individual who has experienced Harassment to the Public Safety).
The university maintains a policy of amnesty for students who offer help to others in need. While policy violations cannot be overlooked, the university may provide purely educational options with no official disciplinary finding, rather than punitive sanctions, to those who offer their assistance to others in need.
Employees: Sometimes, employees are hesitant to report harassment or discrimination they have experienced for fear that they may get in trouble themselves. The university may, at its discretion, offer employee Complainants amnesty from such policy violations (typically more minor policy violations) related to the incident. Amnesty may also be granted to Respondents and witnesses on a case-by-case basis.
If you are a student with a disability who requires accommodations, please contact the Office of Services for Students with Disabilities located in the McCaffrey Center, Room 137. Phone: 209.946.3221. Email: firstname.lastname@example.org. Online: www.pacific.edu/disabilities.
If you are an employee or employment applicant, please contact Human Resources on your home campus, available at the numbers below.
Stockton Human Resources – 209.946.2124
Sacramento Human Resources – 916.739.7031
San Francisco Human Resources – 415.929.6468
Through the Office of Equitable Rights and Responsibilities
Through the Office of Compliance & Ethics