Can a respondent retaliate against a complainant even if the campus decision authority or its designee determines that the respondent did not violate the prohibited conduct policy as the complainant alleged? Yes. Retaliation against a complainant for making a prohibited conduct report is prohibited even if the campus decision authority or its designee determines that the respondent did not engage in prohibited conduct in violation of University policy. For example, Person A makes a sexual harassment complaint against Person B. In response to Person Person B makes derogatory comments about Person A A’s complaint, in an email to the entire department and writes a threatening email to Person A. The Title IX office or AA/EEOC office investigates the complaint and the campus decision authority determines that Person B did not engage in sexual harassment. Nevertheless, the campus decision authority may find that Person B took an adverse action against Person A because of Person in violation of the A’s complaint, University’s policy. Does the retaliation policy apply to witnesses? Yes. Witnesses are both protected from being retaliated against for their participation in a prohibited conduct investigation and prohibited from engaging in retaliation against others. What should I do if I believe I am being retaliated against? We encourage you to contact the campus Title IX office or AA/EEOC if you believe you are experiencing retaliation. Employees may also contact their supervisor or Human Resources.
Can a respondent retaliate against a complainant even if the campus decision authority or its designee determines that the respondent did not violate the prohibited conduct policy as the complainant alleged? Yes. Retaliation against a complainant for making a prohibited conduct report is prohibited even if the campus decision authority or its designee determines that the respondent did not engage in prohibited conduct in violation of University policy. For example, Person A makes a sexual harassment complaint against Person B. In response to Person A’s complaint, Person B makes derogatory comments about Person A in an email to the entire department and writes a threatening email to Person A. The Title IX office or AA/EEOC office investigates the complaint and the campus decision authority determines that Person B did not engage in sexual harassment. Nevertheless, the campus decision authority may find that Person B took an adverse action against Person A because of Person A’s complaint, in violation of the University’s policy. Does the retaliation policy apply to witnesses? Yes. Witnesses are both protected from being retaliated against for their participation in a prohibited conduct investigation and prohibited from engaging in retaliation against others. What should I do if I believe I am being retaliated against? We encourage you to contact the campus Title IX office or AA/EEOC if you believe you are experiencing retaliation. Employees may also contact their supervisor or Human Resources.
Frequently%20Asked%20Questions%20-%20Retaliation%20.docx