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Policy Against Discrimination, Harassment, and Retaliation

As a Christian institution of higher learning supporting the mission and embodying the faith heritage of the Evangelical Covenant Church, North Park desires to have a campus community “which truly values people and is characterized by integrity, diversity, collegiality, fairness, compassion and joyful living.” North Park is committed to providing and maintaining a welcoming environment, and will not tolerate discrimination, harassment, retaliation, or any form of intimidation by any person in any form directed against students, faculty or staff of the institution. The institution will take prompt and appropriate action when complaints of discrimination, harassment, or retaliation are registered, including appropriate disciplinary action up to dismissal against the perpetrator, if the complaint is substantiated and such discipline is deemed necessary.

This Policy applies to conduct on campus and at University sponsored events and programs off-campus. However, it also covers other off-premises conduct (e.g., at a private party) if that conduct adversely impacts the ability of a North Park student or employee to enjoy the full benefits of his/her association with North Park.

Enforcement of this Policy will be coordinated by the Director of Human Resources, who shall serve as Equal Opportunity (EO) Coordinator. The EO Coordinator is responsible for seeing that institutional procedures are followed in investigating all allegations or complaints of discrimination, harassment, or retaliation involving faculty, staff, students and campus visitors. The EO Coordinator is also responsible for overseeing the University’s compliance with federal equal opportunity laws such as Title VI, Title VII, and Title IX, and similar state laws.

Discrimination Prohibited

Discrimination is defined as unequal, adverse treatment of an individual because of his or her race, color, national origin, sex, age, disability, veteran’s status, or other protected status, as those terms are defined by applicable local, state, and federal law. For instance, different treatment of two similar individuals with respect to hiring, pay, opportunity for advancement, admission to North Park as a student or educational opportunity after admission constitutes discrimination if the reason for the different treatment is the protected status of one of the individuals. Harassment based on any protected characteristic also constitutes discrimination.

Discrimination on the basis of sex is prohibited by Title IX of the Education Amendments of 1972, 34 C.F.R. Part 106, and other laws. State and federal law also prohibit discrimination on the basis of each of the above enumerated characteristics. It is North Park policy to comply with all of these laws. However, as a religious institution, North Park reserves the right to make hiring and employment decisions on the basis of religious beliefs or lifestyle consistent with the religious principles espoused by the Evangelical Covenant Church and as permitted by applicable law.

Retaliation Prohibited

Retaliation is defined as adverse action against an individual who has (1) complained about alleged discrimination, harassment or retaliation, (2) participated as a party or witness in an investigation relating to such allegations, or (3) participated as a party or witness in a court proceeding or administrative investigation relating to such allegations. Retaliation is prohibited by state and federal law and violates North Park Policy.

Harassment Prohibited

North Park strives to be a community in which all persons are treated with respect. Any form of harassment is contrary to this goal.

Harassment tends to target one or more personal characteristics of the person(s) being harassed. Oftentimes, it focuses upon readily identifiable attributes such as race, color, national origin, sex, age, disability, etc. However, it may also focus upon beliefs or perspectives, such as religion, politics, or lifestyle. Harassment, regardless of its nature, involves unwelcome verbal or physical conduct that implicitly or explicitly demeans an individual or group based on such personal characteristics, and:

  • affects tangible job or education benefits, or
  • interferes unreasonably with the education, work or other institutionally sponsored activity of a student, employee or campus guest, or
  • creates an intimidating, hostile, or offensive environment for education, work or other institutionally sponsored activity.

North Park will not permit harassment and considers harassment based on race, color, national origin, religion, sex, age, disability, veteran’s status, or other protected status as those terms are defined by applicable local, state and federal law particularly intolerable.

Although North Park does not permit harassment of any person for any reason, this does not imply institutional approval of all beliefs or lifestyles. North Park’s institutional position on these matters is necessarily congruent with our sponsoring denomination, the Evangelical Covenant Church.

Racial and Ethnic Harassment Defined

North Park aspires to be a multi-cultural community of learning. In order to make this goal a reality, we need to develop sensitivity to, and an educated awareness of, each other’s cultures, nationalities and ethnic differences. Demeaning or harassing comments or acts which are racially or ethnically motivated are contrary to the spirit and goals of the North Park community.

Harassment on the basis of race, color or national origin can include verbal or physical behavior that explicitly or implicitly demeans the race, color, or national origin of an individual or individuals. Examples of racist or ethnically insensitive harassing conduct include, but are not limited to:

  1. Verbal assaults that demean the color, culture or history of any person or persons, and/or that perpetuate false stereotypes. Examples include name-calling, racial slurs, slang references and ethnic jokes.
  2. Nonverbal behavior that demeans the color, culture or history of any person or persons and/or that perpetuates false stereotypes. Such behaviors may include gestures, portrayals, graffiti, or acts of exclusion.
  3. Intimidation through threats of force or violence or threats of interference with an individual’s education, work, or other activity.
  4. Physical contact or assault because of an individuals’ race, color, or national origin.

Harassment on the Basis of Sex Defined

Harassment on the basis of sex is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. Harassment on the basis of sex includes (1) verbal or physical behavior that explicitly or implicitly demeans the gender of an individual and (2) sexual harassment. In the employment context, the EEOC, which enforces Title VII, defines sexual harassment as follows:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis of decisions affecting such individuals; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive environment.

In the education context, sexual harassment may be defined as follows:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment of a student when submission to or rejection of the conduct by an individual is used as the basis of academic decisions affecting the student or the conduct has the purpose or effect of unreasonably interfering with the student’s academic performance or creating an intimidating, hostile, or offensive environment.

Sexual harassment can be verbal, visual or physical. It can be overt, as in the suggestion that a person could get a higher grade or a pay raise by submission to sexual advances. The suggestion or advance need not be direct or explicit – it can be implied from conduct and circumstances. Sexual harassment can also consist of persistent, unwanted attempts to change a professional or educational relationship to a personal one, particularly where the attempts involve an abuse of power. The potential for abuse of power is inherent in certain relationships, such as professor and student, or supervisor and subordinate. Members of the North Park community who hold positions of authority should be especially vigilant to this inherent risk in certain relationships and situations. However, harassment among peers is also prohibited.

Harassment on the basis of sex can range in severity from sexist remarks, unwelcome sexual flirtations, and inappropriate put-downs of individuals or classes of people, to serious physical abuses such as sexual assault and rape.

The following list illustrates, but does not exhaust, the possible forms of harassment on the basis of sex. The examples are generally arranged in ascending order of severity.

  1. Behavior that draws unwanted attention to the gender or sexual identity of another person, such as whistling, leering, or ogling, in such a way as to create a hostile environment, e.g., through repetition or in combination with other forms of harassment.
  2. Communication (verbal or non-verbal) which creates a hostile environment. Examples of such behavior, when repeated or pervasive, include unwelcome compliments about appearance; unwelcome requests for personal relationships (e.g., a date); comments with sexual innuendo, obscene gestures, insulting humor, or jokes; crude language, graphic commentary about an individual’s body, sexual prowess, or sexual deficiencies; questions regarding sexual practices; derogatory or demeaning comments about women or men in general, whether sexual or not: displaying objects or pictures which are sexual in nature: sexually-oriented kidding, teasing, or flirting. While a single instance of such communications does not create a hostile environment, repeated communications of this nature can create a hostile environment.
  3. Verbal threats, directed at a person individually or as a group member.
  4. Unwanted advances including sexual propositions, touching, patting, pinching, caressing, kissing, or brushing against another’s body without threat of punishment for non-compliance and without promise of reward for compliance.
  5. Unwanted advances including the types of behaviors mentioned above in number 4, whenever they are accompanied by promised rewards or reprisal for lack of cooperation. For example:
    • when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education, or
    • when submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual.
  6. Nonconsensual sexual activity (e.g., “date rape,” sexual activity with someone not capable of consent because of the influence of drugs, alcohol, or other incapacity)
  7. Assault, physical violence, or coerced sexual contact (e.g., rape).

Preventive Action

Some instances of perceived harassment (within categories 1 and 2) may be the result of misunderstandings or miscommunications. Sometimes individuals unwittingly make insensitive or careless statements or exhibit behaviors that you may find offensive but that are not intended to give offense. In such circumstances, ongoing problems may be avoided or prevented by early and direct communication with the offending party.

The communication should make clear to the offending party that his/her remarks and/or behaviors are unacceptable to you. Several approaches can be used:

  • Verbal Confrontation - Explain why you view the particular comments or behaviors as offensive. Be firm and direct; make it clear that the comments and/or behaviors are to stop.
  • Written Communication - Write a letter to the offending party in which you give a detailed description of the unacceptable comments and/or behaviors. Explain how these incidents make you feel. State that you want the comments/behaviors to stop.

If you are not comfortable discussing the matter directly with the offending party (or if direct preventive action is not successful in stopping the offending comment or behavior) you should pursue the alternatives below. You have the right to proceed directly to file a complaint or confer with an advisor without first engaging in direct preventive action. (Note: direct preventive action is not recommended if the behavior in question involves physical contact or threats, Instead, you should proceed to a complaint or at least seek advice from the University.)

Please refer to North Park University’s website and Student Handbook for further information regarding the Policy Against Discrimination, Harassment, and Retaliation and the Title IX & Sexual Misconduct Policy.