The university will assess whether alleged conduct created a hostile environment for each complaint received.

In situations where there is not a formal complaint but the university has become aware of potential discrimination, including a hostile environment, and/or related retaliation, the university will proceed with the initial assessment and investigation process outlined above.

Additionally, the university will assess whether the cumulative effects of a series of incidents not reported in a single complaint may have resulted in a hostile environment at the university and take appropriate action to remedy as needed. Where the university does determine that discrimination or harassment on the basis of a protected characteristic and/or related retaliation has occurred, the university will take action to stop the conduct, prevent its recurrence, and remedy its effects, including its effects on the complainant and other affected individuals as well as the campus community, as applicable. 

The following are definitions of key terms related to discrimination, harassment, and related retaliation complaints. The terms are in alphabetical order.

Discrimination

Unlawful discrimination is adverse treatment of an individual based on a protected characteristic, rather than individual merit. Examples of conduct that can constitute unlawful discrimination if based on an individual’s protected characteristic include but are not limited to:

• Singling out or targeting an individual for different or less favorable treatment (e.g., more severe discipline, denial of promotion) because of their protected characteristic.
• Failing or refusing to hire an individual because of their protected characteristic.
• Failing or refusing to allow an individual to participate in an activity, program, or organization based on their protected characteristic (e.g., student/faculty/staff organizations, university groups or associations, university committees, etc.).
• Terminating an individual from employment or an educational program based on their protected characteristic.

Harassment

Discriminatory Harassment is any unwelcome conduct based on a protected characteristic where such conduct creates a hostile environment or where enduring such conduct becomes a condition of: continued employment; continued access to an educational program or activity; or an academic or employment decision about an employee or student.

• May be blatant and intentional and involve an overt action, a threat or reprisal, or may be subtle and indirect, with a coercive aspect that is unstated.
• Does not have to include intent to harm or be directed at a specific target.
• May be committed by anyone, regardless of gender, age, position, or authority.
• May occur in any context, although the context often involves a power differential between two persons, which may be due to differences in social, educational, or employment relationships.
• May occur in the classroom, in the workplace, in residential settings, or in any other context or setting connected to the university or related activities.
• May be committed by or against an individual, organization, or group.
• May occur in digital environments including but not limited to social media, websites, educational platforms, and electronic mail.
• May be a one-time event or may be part of a pattern of behavior.
• May be committed in the presence of others or when the parties are alone.
• May affect not only the person to whom it is directed but also third parties who witness or observe harassment.

Examples of conduct that can constitute discriminatory harassment if based on an individual’s protected characteristic include but are not limited to:

• Targeting a student or employee because of their race, religion, national origin, and/or shared ancestry by electronically distributing personally identifying information.
• Subjecting a student or employee to repeated unwelcome questions about or related to their identity, such as their race, sexual orientation, religion, national origin, or disability.
• Physically threatening an individual for wearing a religious or national symbol.
• Targeting someone for harassment or intimidation on the basis of their language spoken, their accent, religion or religious practices, national origin, or other protected traits.

Hostile Environment

A hostile environment exists when conduct unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from the university’s educational, employment, co-curricular, and/or campus-residential experience. A hostile environment is determined based on the totality of circumstances when viewed through both a subjective and objective standard. This means that an aggrieved party’s subjective perception that certain conduct violates this policy must be objectively reasonable to constitute discriminatory harassment. A hostile environment can be created by persistent or pervasive conduct or by a single or isolated incident, if sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment.

The university will make a determination whether a hostile environment exists based on the totality of circumstances. The totality of circumstances may include consideration of conduct that the university has notice of, that occurs within the context of the university’s programs, activities, or employment practices, and conduct that occurs outside and is unrelated to the university’s programs but may be contributing to a hostile environment within the university.

Protected Characteristics

Are those personal traits, characteristics, and beliefs that are defined by applicable law as protected from unlawful discrimination or harassment. They include age, color, disability, gender, gender identity or expression, genetic information, marital or familial status, national origin (including shared ancestry and ethnic characteristics), pregnancy, race, religion, sex, sexual orientation, veteran status, and other characteristics protected by applicable law.

Retaliation

Retaliation is materially adverse action, such as disciplinary action, violence, threats, or intimidation, intended to punish or discourage an individual or group of individuals from engaging in protected activity. Retaliation against a person who reports an allegation of discrimination or harassment or who provides information or participates in a complaint process related to this policy is prohibited by law. Allegations of retaliation will be investigated and may result in disciplinary action, up to and including suspension or expulsion (students/student organizations) or termination (employees). Protected activity includes making a good-faith report under this policy; filing an external complaint for issues arising under this policy; participating in proceedings related to this policy; or opposing in a reasonable manner and consistent with university policy an action reasonably believed to constitute a violation of this policy. More information can be found in the university’s Non-Retaliation Policy.

GW has several university policies that govern how the university responds to reports of sex discrimination, sexual harassment, retaliation, prohibited relationships with students, and abuse of minors. Below is a brief description of each policy.  Please click on the link for each policy for more detailed information.

Equal Opportunity, Nondiscrimination, Anti-Harassment, and Non-Retaliation Policy

GW's Equal Opportunity, Nondiscrimination, Anti-Harassment, and Non-Retaliation Policy states that The George Washington University does not unlawfully discriminate against any person on the basis of protected characteristics or any other basis prohibited by federal law, the District of Columbia Human Rights Act, or other applicable law. This policy covers all programs, services, policies, activities, and procedures of the university, including participation in education programs and employment.

Title IX Sexual Harassment & Related Conduct Policy

GW's Title IX Sexual Harassment & Related Conduct Policy governs the university's response to all reports of sexual harassment, sexual assault, dating and domestic violence and stalking for all GW community members, including students, faculty, staff and other affiliates.

Prohibited Relationships with Students Policy

GW's Prohibited Relationships with Students Policy prohibits, with few exceptions:

1. All sexual or amorous relationships between undergraduate students at the university and teachers and staff as defined in the policy.
2. All sexual or amorous relationships between graduate students at the university and teachers and staff as defined in this policy, who have or may have in the future an instructional, evaluative, or supervisory responsibility over the graduate student while the graduate student is enrolled at the university.

Protection of Minors Policy

GW's Protection of Minors Policy provides information on reporting obligations related to the abuse and neglect of minors as well as sexual abuse of minors, including children.

Student Code of Conduct

GW's Student Code of Conduct is the primary document governing non-academic student behavior. It defines prohibited conduct for students and student organizations and sets up a conduct system to address reported violations and preserve student rights.

Non-Retaliation Policy

GW's Non-Retaliation Policy prohibits retaliation against individuals who make a good-faith report of possible unethical conduct or violations of laws, regulations, or university policies, and/or who provide information or participate in a complaint review process. In addition, the Title IX Sexual Harassment & Related Conduct Policy has provisions related to the prohibition of retaliation.