F.3 Equal Opportunity and Non-Discrimination Policy

I. Policy Statement

The University of Southern Indiana (“University” or “USI”) embraces and celebrates the many differences that exist among the members of a dynamic, intellectual and inclusive community, and strives to maintain an environment that respects differences and provides a sense of belonging and inclusion for everyone. 

USI views, evaluates and treats all persons in any University-related activity or circumstance in which they may be involved solely as individuals on the basis of their own personal abilities, qualifications and other relevant characteristics.  Any form of unlawful Discrimination and Harassment will not be tolerated. The University is prepared to take prompt action to prevent and correct behavior that violates this Policy and to remedy its effects.

This Policy prohibits all forms of unlawful Discrimination and related Harassment toward any University community member on the basis of race, color, religion, sex, pregnancy or marital status, parental status, national origin or ancestry, age (40 and older), disability, genetic information, sexual orientation, gender identity, gender expression, veteran status or any other category protected by law or identified by the University as a protected class.  Compliance with this Policy is a term and condition of a person's employment, membership, or affiliation with the University of Southern Indiana.

This Policy is in addition to the University’s Sexual Harassment Policy, which, consistent with Title IX of the Educational Amendments Act of 1972 and its implementing regulations, prohibits discrimination based on sex, including Sexual Harassment, in the University’s education programs and activities, including, but not limited to, admission and employment.  For information about the University’s prohibition of unlawful discrimination based on sex as termed under the Title IX regulations, see the University’s Sexual Harassment Policy (F.1).  

Given the nature of this type of conduct and the serious effects such conduct can have on the target of the conduct and the one accused of the conduct, the University treats alleged violations of this policy seriously and, to the extent possible, confidentially.  The University expects all employees to treat alleged violations and those affected by them in a responsible and respectful manner.  Please help the University maintain a comfortable educational and work environment free from inappropriate and offensive conduct of any type, irrespective of whether the conduct is unlawful.
 

II. Definitions

Definitions of Prohibited Conduct

This Policy applies to all unlawful Discrimination and related Harassment against members of any category protected by law or identified by the University as a protected class. Examples of harassment may include conduct that is verbal, written and/or physical. Each definition below is provided within this context.

Discrimination is the process of illegally differentiating between people on the basis of group membership rather than individual merit. Systemic discrimination may occur when unequal treatment results from neutral institutional practices that continue the effect of past discrimination. Individual discrimination may result when a person is subjected to unequal treatment on the basis of race, religion, color, sex, age (40 and older), national origin or ancestry, genetic information, disability, veteran status, pregnancy or marital status, parental status, sexual orientation, gender identity, or gender expression.

• Disparate treatment is the intentional unequal treatment based on a protected class status.
• Disparate impact is the implementation and practice of neutral policies that disproportionately harm a protected group without business necessity.
• Harassment is unwelcome conduct towards another person or identifiable group of persons based on the actual or perceived affiliation with a protected class status that is severe, pervasive, or objectively offensive, and has the purpose or effect of:
  • Creating an intimidating or hostile educational environment, work environment or environment for participation in a University program or activity;
  • Unreasonably interfering with a person's educational environment, work environment or environment for participation in a University program or activity; or
  • Unreasonably affecting a person's educational or work opportunities or participation in a University program or activity.

Non-Title IX Sexual Misconduct

Conduct that does not meet the above definition, or that does not occur within the University’s education program or activity, or that occurs outside the United States, may still violate University policy. Such conduct is addressed under the University’s Procedures for Resolving Complaints of Discrimination and Harassment, which provides a prompt, fair, and equitable response consistent with federal guidance and institutional expectations.

Sexual Assault is defined as an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. These acts are directed against another person, without consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of temporary or permanent incapacitation.  Violations of this policy shall include one or more of the following:

• Rape is defined as penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration with a body part or object, without the consent of the Complainant. This definition includes any gender of the Complainant or Respondent.
• Criminal Sexual Contact is defined as the intentional, non-consensual touching of any body part, including but not limited to breasts, buttocks, or groin of another person, for sexual gratification or degradation.
• Incest  is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law in Indiana.
• Statutory Rape is sexual intercourse with a person who is under the statutory age of consent which is 16 years of age in the state of Indiana (which means the victim must be under 16); however, 14- and 15-year-olds may consent if the offender is less than four years older than the victim.

Dating Violence means violence committed by a person:

1. Who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
   1. The length of the relationship;
   2. The type of relationship; and
   3. The frequency of interaction between the persons involved in the relationship;

Domestic Violence means a felony or misdemeanor crimes committed by a person who:

1. Is a current or former spouse or intimate partner of the Complainant under the Indiana family or domestic violence laws, or a person similarly situated to a spouse of the Complainant;
2. Is cohabitating, or has cohabitated, with the Complainant as a spouse or intimate partner;
3. Shares a child in common with the Complainant; or
4. Commits acts against a youth or adult Complainant who is protected from those acts under the Indiana family or domestic laws; or

Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

1. Fear for the person’s safety or the safety of others; or
2. Suffer substantial emotional distress.

A course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.  A reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Definition of Consent

Consent/Consensual is defined as an affirmative indication by words and/or actions of a voluntary agreement to engage in the particular sexual act or conduct in question. Consent for one sexual act or conduct does not constitute consent to all sexual acts or conduct. Consent can be withdrawn at any time, and once withdrawal of consent has been expressed, sexual activity must cease. Consent cannot be obtained through the use of force, threat, intimidation, or coercion. Silence or absence of resistance on the part of an individual does not constitute their consent. Consent cannot be given by someone who is incapacitated due to consuming drugs or alcohol or for any other reason (including but not limited to being unconscious, asleep, or otherwise unaware that sexual activity is occurring).

The voluntary nature of Consent will be subject to heightened scrutiny in circumstances where someone who has power or authority over another person engages in a sexual relationship with that person.

Incapacitated/Incapacitation is a state where someone cannot make rational or reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction). While incapacitation may result from the use of alcohol and/or drugs, incapacitation is a state beyond drunkenness or intoxication. Incapacitation may also exist because of a physical, mental, or developmental disability. The question of incapacitation will be examined objectively from the perspective of the Respondent i.e. whether a reasonable, sober person in place of the Respondent should have known the condition of the Complainant based on the apparent indications of incapacitation, which may include, but are not limited to, acting confused or incoherent, difficulty walking or speaking, and/or vomiting. 

Other Policy Definitions

Academic Adjustments is an academic modification or adjustment that minimizes or eliminates barriers to success, allowing the individual to gain equal access and have an equal opportunity to participate in the University's courses, programs, services, activities and facilities.

ADA Coordinator is The Americans with Disabilities Act Coordinator.

Confidential Employees are campus and community professionals described under "Confidential Resources," who are obligated to refrain from revealing confidential information shared within the scope of their privilege.

Complainant means:

1. A student or employee who is alleged to have been subjected to conduct that could constitute unlawful discrimination or related harassment under this part; or
2. A person other than a student or employee who is alleged to have been subjected to conduct that could constitute unlawful or related harassment under this part and who was participating or attempting to participate in the University's education program or activity at the time of the alleged incident.

Reasonable Accommodations are a wide range of modifications that allow otherwise qualified applicants or employees with disabilities to perform the essential functions of a position. Such modifications may be deemed reasonable if they do not result in an undue burden on the University or its operations.

Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct under this Policy.

Responsible Employees are any University employee or individual authorized to perform work or services on behalf of the University—including faculty, staff, administrators, graduate assistants, student employees, and University‑sanctioned volunteers. These individuals have the duty to report incidents of unlawful discrimination and harassment, including sexual misconduct, Title IX harassment, and hazing, to the appropriate University officials. University‑sanctioned volunteers are considered Responsible Employees when they are acting in an official capacity for the University, participating in University programs or activities, or supervising, mentoring, or otherwise engaging with students or participants in a role that carries an expectation of oversight or trust. Responsible Employees must promptly report any information they receive regarding potential violations of this Policy to the Office of Institutional Equity.

Retaliation is any overt or covert act of reprisal, interference, restraint, penalty, Discrimination, intimidation, or Harassment against any person or group for reporting or complaining of Discrimination and/or Harassment, assisting or participating in the investigation of a complaint of Discrimination and/or Harassment, or enforcing University policies with respect to Discrimination and/or Harassment.

Title IX Coordinator and Director of Institutional Equity ("Director") is responsible for implementing and ensuring compliance with University policies related to civil rights laws, including, but not limited to, Title IX, Title VI, Title VII, Section 504, the Americans with Disabilities Act (ADA), Affirmative Action, and the Stop Campus Hazing Act.

III. Affirmative Action

As a federal contractor, the University of Southern Indiana is committed to making a good faith effort to eliminate employment barriers for veterans and individuals with disabilities.  Therefore, USI will take affirmative action to recruit and advance qualified persons with disabilities and protected veterans with a set of results-oriented affirmative action programs and procedures. These programs are updated annually and are available for inspection by those affiliated with the University.  

The University of Southern Indiana promotes these policies and programs to ensure that all persons have equal access to its employment opportunities and educational programs, services, and activities. The principal objective of this policy is to provide fair and consistent treatment for all current and prospective students and employees of the University. 

Affirmative Action Officer

The Director of the Institutional Equity Office oversees the University’s compliance with the applicable federal and state laws described above. The Director may designate other University personnel or external consultants to assist and support compliance efforts or to act as a designee in cases of conflict of interest or in other situations where a designee is deemed necessary to maintain the University’s compliance under this Policy.

Director of Institutional Equity:

Chelsea Givens
Title IX Coordinator and Director of Institutional Equity
Wright Administration Building, Forum Wing, Room 171A
8600 University Boulevard
Evansville, Indiana 47712
812-464-1703
ccgivens@usi.edu
 

IV. Application of this Policy to Employment and Education

All aspects of the employment relationship, including recruitment, selection, hiring, training, professional development, tenure, promotion, compensation, and separation, are administered in accordance with this Policy. Notwithstanding the prohibition against Discrimination, the University may, without violating this prohibition, provide different benefit packages to employees who have a spouse and/or dependent children than are provided to other employees.

V. Reason for this Policy

The University of Southern Indiana is committed to the principles of affirmative action and equal opportunity in education and employment. We take seriously our responsibility to provide leadership in ensuring that equal employment opportunity is the norm as opposed to a goal.

This policy helps to further the University’s commitment to its compliance with state and federal laws and regulations, including but not limited to: 

• Age Discrimination Act of 1975
• Age Discrimination in Employment Act of 1967
• Americans with Disabilities Act of 1990, as amended
• Executive Order 11246, as amended
• Equal Pay Act of 1963
• Genetic Information Nondiscrimination Act of 2008
• Indiana Civil Rights Act of 1971
• Pregnancy Discrimination Act
• Sections 503 and 504 of the Rehabilitation Act of 1973
• Stop Campus Hazing Act
• Title VI of the Civil Rights Act of 1964, as amended
• Title VII of the Civil Rights Act of 1964, as amended
• Title IX of the Education Amendments of 1972.
• Uniformed Services Employment and Reemployment Rights Act of 1994
• VEVRAA, Section 4212.
   

VI. Individuals and Entities Affected by this Policy

All University of Southern Indiana community members are subject to this policy without exclusion.

No Waiver

Nothing contained in this policy should be interpreted as a waiver by the University of Southern Indiana of its sovereign immunity, immunity pursuant to the 11th Amendment of the U.S. Constitution or any other immunity or defense available under state or federal laws.

VII. Reporting Discrimination and Harassment

An individual who believes that they have experienced unlawful discrimination or harassment, including sexual harassment (sexual assault, domestic violence, dating violence, and stalking) in violation of this Policy is encouraged to report the incident(s) as soon as possible. While reporting is encouraged, Complainant’s have the right to report or not report the incident to the University and/or to law enforcement.

An individual who believes that they have experienced or witnessed incidents of unlawful discrimination and related harassment in violation of this Policy is encouraged to report the incident(s) as soon as possible. Reports may be submitted in-person, by phone, via email, or by submitting an electronic incident report here.

Confidential Resources

Confidentiality means that information shared by an individual with designated campus or community professionals cannot be revealed to any other individual without the express permission of the individual. Those campus and community professionals include medical providers, mental health providers, ordained clergy, and rape crisis counselors, all of whom have privileged confidentiality that has been recognized by the law. These individuals are prohibited from breaking confidentiality unless there is an imminent threat of harm to self or others, or the conduct involves suspected abuse of a minor under the age of 18.

Responsible Employee (Including Volunteers)

For purposes of this Policy, a Responsible Employee is any University employee or individual authorized to perform work or services on behalf of the University—including faculty, staff, administrators, graduate assistants, student employees, and University‑sanctioned volunteers acting within the scope of their assigned duties for the University—who has the authority to take action to redress prohibited conduct, who has been given the duty to report incidents of discrimination, harassment, sexual misconduct, Title IX harassment, or hazing to the appropriate University officials, or whom a student could reasonably believe has such authority or duty. Responsible Employees must promptly report any information they receive regarding potential violations of this Policy to the Office of Institutional Equity.
 

Reporting to Law Enforcement

The University encourages any student or employee who has been the target of a criminal offense described under the Jeanne Clery Act or Violence Against Women Act (VAWA) are encouraged to report such incidents to Public Safety and/or law enforcement.  Those in Public Safety or the Institutional Equity Office can assist the Complainant in contacting appropriate law enforcement officials and in working with these officials to pursue criminal charges against the Respondent. Complainants also have the option to decline to notify law enforcement authorities.

Please note that reporting options are not mutually exclusive; both internal (University) and external (Law Enforcement) reporting options may be pursued at the same time. The local law enforcement office with jurisdiction over the University’s geographic location is the Vanderburgh County Sheriff’s Office. Allegations of criminal misconduct occurring within the Evansville city limits can be reported to the Evansville Police Department. Additionally, the Indiana State Police (ISP) has state-wide jurisdiction.

USI Public Safety (Available for Emergency or After-Hours Reporting)
RFW 170
From your cell phone or outside line: 812-492-7777
From campus phones: Ext 7777

Vanderburgh County Sheriff's Office Operation Center
3520 N. Harlan Ave
Evansville, IN 47711
Non-emergency telephone: 812-421-6201
Emergency telephone: 911

Evansville Police Department
15 Northwest Martin Luther King Jr. Boulevard Evansville, IN 47708
Non-emergency telephone: 812- 436-7896
Emergency telephone: 911

Indiana State Police (ISP) District 35 Police Post
19411 Highway 41 North
Evansville, IN 47725
Telephone: 812-867-2079 or 800-852-3970

While not required, the University strongly encourages anyone who becomes aware of behavior that may constitute a crime to report the incident to local law enforcement. However, Campus Security Authorities (CSAs) must report certain crimes reported to them through the appropriate reporting structure. The University can provide support, resources, and assistance to those who do so. Regarding the involvement of law enforcement in matters involving Sexual Harassment, the Complainant has several options, including to: (1) notify law enforcement authorities; (2) be assisted by campus authorities in notifying law enforcement authorities if the Complainant chooses; or (3) decline to notify law enforcement authorities. The University will comply with the Complainant’s request for assistance in notifying law enforcement in these matters to the extent legally permitted. The Complainant’s choice to report to law enforcement will not impact the implementation of supportive measures if applicable.

Protective orders and peace orders may be sought through the court system. A Complainant interested in a mutual no-contact order at USI may contact the Office of Institutional Equity or USI Public Safety.

Reports of violations under this Policy may also constitute violations of state and local law. University officials are required to document certain reports of sexual harassment for Clery Act reporting purposes. There will be no personally identifiable information about the Complainant shared in that report. If the University is required to notify the community of the incident, including recording the assault in the Daily Crime Log or through the issuance of a Timely Warning Notice, identifying information will not be included to the extent permissible by law.

In certain instances, the University may need to report potential criminal misconduct to law enforcement authorities even when the Complainant has decided not to do so. Such circumstances include those in which there is clear and imminent danger or risk to the Complainant and/or the University community, in which a weapon was involved with the incident, child abuse, or in which the allegations involve sexual harassment of a Complainant under the age of consent. The necessity to report an incident to law enforcement will be shared with the Complainant.

The University’s Resolution Processes and the legal system work independently from one another, and the University will proceed with its process as applicable, regardless of action or inaction taken by outside authorities. If a law enforcement investigation is initiated, the University may pause its procedures briefly at the request of law enforcement to facilitate their initial evidence gathering. Decisions made or sanctions imposed through the Formal Complaint Resolution Process are not subject to change if criminal or civil charges arising from the same misconduct are dismissed, reduced, or rejected in favor of or against the Respondent.
 

Mandatory Reporting

The University of Southern Indiana is committed to taking appropriate measures to ensure the safety and well-being of children/minors [under Indiana law, a child is anyone who is not yet 18 years of age], participating in University-related activities, and to report instances of suspected or known child abuse or neglect as required by law.

If you suspect child abuse or neglect of a minor, please refer to the Child Protection Policy (F.50) and contact the following offices:

Medical Assistance

Complainants are encouraged to seek medical assistance in any instance of sexual harassment where physical or sexual assault is being alleged. Public Safety can help facilitate transportation to Deaconess Midtown Hospital, designated as one of the city’s sexual assault and domestic violence treatment centers. Deaconess Midtown Hospital has trained nurses who perform the Sexual Assault Nursing Exam (SANE) and will provide victim services, including treatment of injuries and steps to address concerns of pregnancy (if applicable) and/or sexually transmitted infections.

• Deaconess Midtown Hospital
  600 Mary St
  Evansville IN 47710
  812-450-5000

Students may also schedule appointments at the Student Health Center. While the SANE program is not available at Student Health, they can provide non-emergency and on-going medical assistance from a healthcare provider on campus. All appointments are confidential

• USI Deaconess Health Clinic
  Fitness and Wellness Center (RFW)
  RFW 260 (student waiting room)
  RFW 261 (faculty/staff waiting room)
  Telephone 812-465-1250

It is recommended that the Complainant not take a shower or wash or discard clothing they were wearing at the time of the assault. All clothing (including underwear) should be put into a paper bag and brought to the hospital. Additionally, preservation of any related or electronic communications (e.g., pictures, videos, texts, social media posts, etc.) if recommended.

A Complainant does not have to decide whether or not to file criminal charges before obtaining a forensic exam. The exam is free, and the evidence will be kept in a secured locker indefinitely. There is no statute of limitations on filing a criminal complaint. If a Complainant wishes to remain anonymous, she/he can have the exam listed as a Jane Doe/John Doe for confidentiality. Having a forensic exam is an important step to preserve evidence for a criminal offense if criminal charges are filed.

Confidential Reporting – Confidential Employees

If a student has experienced unlawful discrimination and harassment, including sexual misconduct, Title IX harassment, and hazing but does not want to report it to a University official, the student may meet with a confidential resource. Confidential employee means:

1. An employee of the University whose communications are privileged or confidential under Federal or State law. The employee's confidential status, for purposes of this part, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies;
2. An employee of a recipient whom the recipient has designated as confidential under this part for the purpose of providing services to persons related to sex discrimination. If the employee also has a duty not associated with providing those services, the employee's confidential status is only with respect to information received about sex discrimination in connection with providing those services; or
3. An employee of the University who is conducting an Institutional Review Board-approved human-subjects research study designated to gather information about sex discrimination, but the employee's confidential status is only with respect to information received while conducting the study.

All of the persons and organizations listed below are confidential for purposes of reporting unlawful discrimination and harassment, including sexual misconduct, Title IX harassment, and hazing. Reports made to a licensed counselor or a treating health care provider are confidential and will not be reported to University officials without the student’s permission unless an imminent threat exists. Confidential resources may be required to report statistical information, without personally identifiable data, for Clery Act reporting.

• USI Deaconess Health Clinic
  Fitness and Wellness Center (RFW)
  RFW 260 (student waiting room)
  RFW 261 (faculty/staff waiting room)
  Telephone 812-465-1250
   
• USI Counseling Center (CAPS)
  RFW 202
  Telephone: 812-464-1867
   
• USI's Prevention, Education, and Advocacy Coordinator
  Jennifer Roberts, PhD.
  Dean of Students Office, UC 1256
  Email: jroberts@usi.edu
   
• Employee Assistance Program (EAP)
  Timely Care
  https://www.usi.edu/hr/benefits/employee-assistance
   
• Albion Fellows Bacon Center
  P.O. Box 3164
  Evansville, IN 47731
  Telephone for Domestic Violence: 812-422-5622
  Telephone for Sexual Assault: 812-424-7273
  Toll-free: 8--3696-0288
   
• YWCA Evansville
  118 Vine Street
  Evansville, IN 47708
  Telephone: 812-422-1191 or 866-367-9922
   
• Holly's House
  750 North Park Drive
  Evansville, IN 47710
  Telephone: 812-437-7233
   
• Lampion Center
  655 South Hebron Avenue
  Evansville, IN 47714
  Telephone: 812-471-1776
   
• Southwestern (Behavioral Health)
  415 Mulberry Street
  Evansville, IN 47713
  • Telephone: 812-423-7791
    24 Hour Suicide Hotline: 812-422-1100
     
• National confidential resources (available 24/7) include, but are not limited to: RAINN (Rape, Abuse & Incest National Network) which operates the National Sexual Assault Hotline at 1-800-656-HOPE (4673) and an online chat with a trained staff member; and National Domestic Violence Hotline at 1-800-799-7233 or TTY at 1-800-787-3224 with an online chat option.
  VIII. Addressing Discrimination and Harassment

This policy requires faculty, staff, and students to report and address incidents of unlawful discrimination and related harassment. Complaints will be addressed promptly and consistently, using procedures that are fair and effective from the point of view of the person and the University, and will be resolved at the lowest organizational level possible.  The Procedures for Resolving Complaints of Discrimination and Harassment (F.4), as issued and updated from time to time by the Institutional Equity Office, describe the necessary steps for filing complaints of Discrimination and Harassment. 

Reporting to USI's Institutional Equity Office

Anyone who believes they have been subjected to unlawful discrimination or harassment, including sexual misconduct, Title IX harassment, or hazing, is encouraged to report these incidents to the Director of Institutional Equity. Additionally, be aware that most USI employees are Responsible Employees and must report known incidents to Institutional Equity.

Director of Institutional Equity

Reports may also be made directly to the Director of Institutional Equity.

• Title IX Coordinator and Director of Institutional Equity for the University:
  Chelsea Givens
  Wright Administration Building, Forum Wing, Room 171A
  8600 University Boulevard
  Evansville, Indiana 47712
  812-464-1703
  Title.IX@USI.edu or ccgivens@usi.edu 

Online and Anonymous Reporting Options

Reports may also be made anonymously or identified using the methods outlined below. It should be noted that the University’s ability to investigate or act upon anonymous reports may be limited. Anonymous reports that provide sufficient information to constitute certain criminal offenses will be reported without personally identifiable information for purposes of Clery Act reporting purposes.

Reports related to sexual harassment, submitted through the reporting options below, do not constitute a Formal Complaint under this Policy.

• Sexual Misconduct/Harassment Report (these reports can also be submitted anonymously). Found here: https://cm.maxient.com/reportingform.php?UnivofSouthernIndiana&layout_id=1
• Unlawful Discrimination/Harassment, including Hazing (these reports can also be submitted anonymously). Found here: https://cm.maxient.com/reportingform.php?UnivofSouthernIndiana&layout_id=21 

Additional Reporting Options

Filing a complaint under this Policy does not preclude an employee from filing a charge of employment discrimination with the EEOC, or the Indiana Civil Rights Commission, within the time frames established by those agencies. To learn more about options and filing deadlines, please visit the webpage for EEOC or ICRC.

Equal Employment Opportunity Commission (EEOC - Indianapolis District Office)
101 West Ohio St, Ste 1900
Indianapolis, IN 46204
United States
Phone: 1-800-628-2909
Fax: 317-226-7953
https://www.eeoc.gov/field-office/indianapolis/location

Indiana Civil Rights Commission (ICRC)
100 North Senate Avenue
Indiana Government Center North, Room N300
Indianapolis, IN 46204
1-800-628-2909 or 317-232-2600
https://www.in.gov/icrc/

Filing a complaint under this Policy does not preclude a student from filing a written complaint with the U.S. Department of Education's Office for Civil Rights. To learn more about options and filing deadlines, please visit the webpage for OCR.

U.S. Department of Education, Office for Civil Rights (OCR)
Casar E. Chavez Memorial Building
1244 Speer Blvd, suite 310
Denver, CO 80204-3582
303-844-5695
www2.ed.gov/ocr

Violations

Any individual or group of individuals found to have violated this policy will be subject to disciplinary or remedial action, up to and including termination of employment or expulsion from the University. Faculty and staff who are determined to have violated this policy also may be held personally liable for any damages, settlement costs, or expenses, including attorney fees incurred by the University.

False Allegations, Statements, or Evidence

This policy may not be used to bring knowingly false or malicious charges against any faculty, staff, students, or Recognized Student Organizations, including fraternities or sororities. Disciplinary action will be taken against any person or group found to have brought a charge of Discrimination or Harassment in bad faith or any person who, in bad faith, is found to have encouraged another person or group to bring such a charge. In addition, individuals who knowingly provide false statements or evidence, or who deliberately mislead a University official or designee conducting an investigation under this policy, may be subject to discipline under this policy or another University policy or process.

Retaliation Prohibited

The University prohibits retaliation against any individual who makes a report, testifies, assists, participates, or refuses to participate in any manner in an investigation, proceeding, or hearing under this Policy. Specifically, no person may intimidate, threaten, coerce, harass, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title VI, Title VII, Title IX or this Policy, or because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or adjudication proceedings under Title VI, Title VII, Title IX or this Policy. 

Allegations of retaliation against students are handled in accordance with the normal rules and procedures of the student conduct process, and students alleged to have violated this policy may be charged with 16.7A Interfering with the discipline procedures or outcomes or 16.7B. Intimidation or retaliation. Any employee who is alleged to have violated this provision may also be subject to disciplinary action under the Whistleblower Policy.

Those found to have violated this policy’s prohibition on retaliation will be subject to disciplinary action, up to and including termination of employment for employees and expulsion for students.  Any person who believes that someone has been subjected to retaliation should promptly contact the Director of Institutional Equity.

IX. Accommodations

The University takes appropriate steps to provide reasonable accommodation to qualified individuals with disabilities so long as doing so does not cause an undue hardship to the University.  The University also takes appropriate steps to provide reasonable accommodations upon request to employees whose religious beliefs or restrictions create a conflict with the University’s policies, practices, or procedures, so long as doing so does not cause an undue hardship. Faculty and staff in need of accommodations should follow the Faculty, Staff and Student Worker Accommodation Request Process.  Students in need of accommodation should contact the Disability Resource Center. 

It is the individual’s responsibility, and not that of a university official, to request an accommodation. The Director of Institutional Equity will not affirmatively provide disability accommodations that have not been specifically requested by the parties, even where the parties may be receiving accommodations in other University programs and activities. Similarly, those that are in need of interpretive services, should contact the Director.

X. Contacts

Policy Clarification, Discrimination Complaints and Written Affirmative Action Programs

Academic Adjustments and Reasonable Accommodations

XI. Related Documents, Forms and Tools

• Sexual Harassment Policy (F.1)
• Amorous Relationship Policy (F.2)
• Hazing Policy (F.55)

Institutional Equity Office

Procedures for Resolving Complaints of Discrimination and Harassment (F.4)

Discrimination and Harassment Incident Report Form

Regulations Governing Student Conduct:

Dean of Students Office: https://www.usi.edu/dean-of-students

Websites for governing bodies with oversight for applicable laws and regulations:

• Indiana Civil Rights Commission: www.in.gov/icrc
• U.S. Department of Education Office for Civil Rights: https://www.ed.gov/about/ed-offices/ocr
• U.S. Department of Justice, Americans with Disabilities Act: www.ada.gov/
• U.S. Department of Labor Office of Federal Contractor Compliance Programs: www.dol.gov/agencies/ofccp
• U.S. Equal Employment Opportunity Commission: www.eeoc.gov