Definitions

Definitions 

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For concerns related to sex discrimination that occurred on and/or after August 14, 2020, please go to our Sexual Violence Prevention and Response website to understand the policy definitions that apply.
  • Discrimination
  • Discrimination is defined—an illegal or prohibited adverse employment or educational action, or harassment based on race, color, national origin (including caste or perceived caste), religion, sex, gender, gender expression, gender identity, gender transition status, pregnancy, physical or mental disability, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services, including protected veterans.

    Adverse action is defined as conduct that would discourage a reasonable person from reporting discrimination or harassment or participating in a process provided for in this policy

    Examples of discrimination include giving staff unequal access to University programs based on their race (or other protected category), excluding a student from joining a University organization based on the student’s sexual orientation or national origin (or other protected category), not hiring someone because of that person’s perceived age or religion (or other protected category), or failing to make reasonable accommodations for a student or employee with a disability.
  • Freedom of Expression
  • UC Davis is committed to assuring that all people may exercise the constitutionally protected rights of free expression, speech, assembly and worship. Some acts of hate or bias may not violate law or policy and may, in fact, be protected expressions of speech. Protecting freedom of expression, including controversial speech, and sometimes even offensive or hurtful words, is vital to our commitment to teaching and learning. While our policies do not prohibit such speech, the University encourages all members of the community to engage in respectful dialogue and to observe the Principles of Community. For more information please visit the Student Expression website. 
  • Harassment- Faculty/Staff
  • Harassment is defined by policy as conduct that is sufficiently severe, persistent or pervasive that it unreasonably denies, adversely limits, or interferes with a person’s participation in or benefit from the education, employment or other programs or activities of the University, and creates an environment that a reasonable person would find to be intimidating or offensive when based on the categories identified in discrimination definition.

    Examples may include name calling, teasing, or making other derogatory remarks based on a person’s real or perceived gender identity (or other protected category); repeatedly sending unwelcome e-mails, text messages, or photos of a sexual nature; or a display of racially charged images, such as nooses and Confederate flags.
  • Harassment- Students
  • Harassment is defined as conduct that is so severe and/or pervasive, and objectively offensive, and that so substantially impairs a person’s access to University programs or activities that the person is effectively denied equal access to the University’s resources and opportunities.

    The conduct is motivated on the basis of a person's race, color, national or ethnic origin, citizenship, sex, religion, age, sexual orientation, gender identify, pregnancy, marital status, ancestry, service in the uniformed services, physical or mental disability, medical condition (cancer-related or genetic characteristics), ender, gender expression, and genetic information (including family medical history) or perceived membership in any of these classifications. 

    Examples may include name calling, teasing, or making other derogatory remarks based on a person’s real or perceived gender identity (or other protected category); repeatedly sending unwelcome e-mails, text messages, or photos of a sexual nature; or a display of racially charged images, such as nooses and Confederate flags.
  • Hate Crime
  • A hate crime is any criminal act or attempted criminal act directed against a person(s), public agency or private institution based on the victim's actual or perceived race, nationality, religion, sexual orientation, disability, or gender or because the agency or institution is identified or associated with a person or group of an identifiable race, nationality, religion, sexual orientation, disability, or gender. A hate crime includes an act that results in injury, however slight; a verbal threat of violence that apparently can be carried out; an act that results in property damage; and property damage or other criminal act(s) directed against a public or private agency.

    Examples of a hate crime could include verbal or written threats of violence directed at someone because of their perceived sexual orientation, Anti-Semitic or Islamaphobic graffiti spray painted on an office door, or a physical assault based on the race or national origin of the individual targeted.
  • Hate or Bias Incident
  • A hate or bias incident includes non-criminal conduct that is motivated by hatred or bigotry and directed at any individual, residence, house of worship, institution, or business expressly because of the target’s real or perceived race, color, national origin, religion, sex, gender identity, pregnancy, physical or mental disability, medical condition (cancer-related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services. Such incidents also include conduct directed against an individual or group because of their association with or advocacy on behalf of a member or members of a legally protected class.

    Examples include hate speech, treating someone differently in the work or learning environment because of that person’s legally protected characteristic, displaying offensive materials on one's property, distributing hate materials in public places and posting hate materials even if there is no resulting property damage. 
  • Retaliation
  • Retaliation is defined as threats, intimidation, reprisals, or adverse actions taken against a person because they report discrimination or harassment, help someone with a report of discrimination or harassment, take part in an investigation or resolution of a complaint or refuse to participate in an investigation or resolution of complaint where not required to do so.