Utah Tech University

Reporting Discrimination

Notice of University's Commitment to, and Prohibition Against, Discrimination

The University is committed to maintaining an environment in which every member of the University Community is treated with respect and dignity, equal opportunities are promoted, and discriminatory practices, including unlawful discrimination, are prohibited. The University does not tolerate harassment or unlawful discrimination against any member of the University Community due to any protected class under applicable law.

The University prohibits discrimination against, and the University does not exclude from participation in, deny the benefits of, or subject any individual or group to discrimination on the basis of race, color, religion, sex, national origin, age, genetic information, sexual orientation, gender identity/expression, disability, or protected veteran status, or any other status protected under applicable federal, state or local law. See University Policy 164 The University prohibits retaliation against any member of the University Community who engages in a Protected Activity.

Q&A

What is discrimination?

Generally, to discriminate against someone means to treat that person differently, or less favorably, for some reason. For purposes of UT’s policy, it means treating and individual or group differently or less favorably (e.g. denying rights, benefits, equitable treatment, or access to facilities available to others) on the basis of their inclusion (or perceived inclusion) in one or more protected classes when:

  • that conduct adversely affects a term or condition of employment (e.g., compensation, benefits, duties, position classification, etc.), education, or participation in a UT program, activity, or service.

OR

  • a person’s membership in a protected class serves as the basis or motivating factor in a decision adversely affecting the terms or conditions of employment, education, or participation in a UT program, activity, or service.

What is harassment?

Harassment is any unwelcome or offensive behavior, verbal, physical, written, electronic, or non-verbal conduct (whether directly, indirectly, or through a third party) based on that person’s inclusion in one or more protected classes. Harassment that creates a Hostile Environment is prohibited by Policy 164. This is the type of conduct that would alter the conditions of employment of an employee or to limit, interfere with, or deny educational benefits or opportunities of a student, from both a subjective and objective viewpoint based on a totality of the circumstances.

What is a protected class?

According to Policy 164, protected classes include: “Race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, age (40 and over), disability, veteran status, pregnancy, childbirth, or pregnancy-related conditions, genetic information, or other bases protected by applicable law.”

What is retaliation?

Retaliation is an action, performed directly by an individual or through others, that is aimed to dissuade a reasonable person from engaging in a protected activity or is done in retribution for engaging in a protected activity.

An action in response to a protected activity is not retaliatory unless:

  • it has a materially adverse effect on the working, academic, or other university-related environment of an individual

AND

  • it would not have occurred in the absence of (but for) the protected activity.

Some examples might include filing a report of protected-class discrimination or sexual harassment in good faith, assisting others in making such a report, or honestly participating as an investigator, witness, decision maker, or otherwise assisting in an investigation or proceeding related to discrimination or harassment.

When do I report an incident?

Should you experience, witness, or receive a report of alleged or actual discrimination, harassment, or retaliation, we encourage you to report the incident. Even if you doubt or are unsure if you should report an incident, we encourage you to do so. This will trigger the fact-finding process that follows specific principles and rules to ensure everyone involved is treated fairly and incidents are resolved in the most appropriate manner possible.