2. Non-discrimination Policy and Prevention of Sexual Harassment Training
A. Non-discrimination Policy. All employees shall be given a copy of this non-discrimination policy and each institution shall maintain documentation that each employee received the nondiscrimination policy. New employees shall be given a copy of this policy at the time of hire and each institution’s Human Resources Office shall maintain documentation that each new employee received the policy.
Each institution shall provide this policy to its students at least annually and may do so electronically. Each institution shall include this policy and complaint procedure on its website and in its general catalog.
Each institution shall have an ongoing non-discrimination training program and shall designate a person or office to be responsible for such training.
B. Prevention of Sexual Harassment Training. Within six months after an employee is initially appointed to NSHE, the employee shall receive training regarding the prevention of sexual harassment. At least once every two years after the appointment, an employee shall receive training concerning the prevention of sexual harassment.
1. Policy Applicability and Sanctions
The Nevada System of Higher Education (NSHE) is committed to providing a place of work and learning free of discrimination on the basis of a person's age, disability, whether actual or perceived by others (including service-connected disabilities), gender (including pregnancy related conditions), military status or military obligations, sexual orientation, gender identity or expression, genetic information, national origin, race, or religion. Where discrimination is found to have occurred, the NSHE will act to stop the discrimination, to prevent its recurrence, to remedy its effects, and to discipline those responsible.
No employee or student, either in the workplace or in the academic environment, should be subject to discrimination. It is expected that students, faculty and staff will treat one another and campus visitors with respect.
3. Discriminatory Acts
It is illegal to discriminate in any aspect of employment or education, such as:
- hiring and firing;
- compensation, assignment, or classification of employees;
- transfer, promotion, layoff, or recall;
- job advertisements;
- recruitment;
- testing;
- grading;
- acceptance or participation in an academic program or school activity;
- use of employer's facilities;
- training programs;
- fringe benefits;
- pay, retirement plans, and disability accommodations or leave; or
- other terms and conditions of employment.
Determining what constitutes discrimination under this policy will accomplished on a case-by-case basis and depends upon the specific facts and the context in which the conduct occurs. Some conduct may be inappropriate, unprofessional, and/or subject to disciplinary action, but would not fall under the definition of discrimination. The specific action taken, if any, in a particular instance depends on the nature and gravity of the conduct reported, and may include non-discrimination related disciplinary processes.
Discriminatory acts also include:
- discrimination on the basis of a person's age, disability ( including service connected disabilities), gender (including pregnancy related conditions), military status or military obligations, sexual orientation, gender identity or expression, genetic information, national origin, race, or religion;
- retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory acts;
- employment or education decisions based on stereotypes or assumptions about the abilities, traits or performance of individuals of a certain age, disability (including service-connected disabilities), gender (including pregnancy related condition), military status or military obligations, sexual orientation, gender identity or expression, genetic information, national origin, race, or religion; and
- severe, persistent or pervasive conduct that has the purpose or effect of substantially interfering with an individual's academic or work performance, or of creating an intimidating, hostile or offensive environment in which to work or learn.
This behavior is unacceptable in the work place and the academic environment. Even one incident, if it is sufficiently serious, may constitute discrimination. One incident, however, does not necessarily constitute discrimination.