Notice of Non-Discrimination Policy

Policy

Bryant University, as an educational institution and as an employer, does not discriminate on the basis of age, ancestry, color, disability, gender, gender expression/identity, genetic information, marital status, mental illness, military/veteran status, national and ethnic origin, pregnancy, race, religion, sex, sexual orientation, transgender status, or any other characteristic protected by law (collectively referred to as “protected characteristics”).

Bryant adheres to all federal and state civil rights laws barring discrimination, including, but not limited to, Title IX and Title VI of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Rehabilitation Act. Bryant is committed not only to compliance with these mandates but also to promoting a culture that aligns with the values these civil rights laws envision.

Overall Applicability and Scope

Any person subject to or witnessing discrimination, harassment, sexual misconduct, sexual as-sault, dating and domestic violence, and/or stalking at or involving any Bryant community member in any way is encouraged to make a report to the Department of Public Safety, Office of Residential Life, Office of Community Standards, Bias Incident Committee, or Title IX. All employees, except counseling staff and others specifically identified as confidential employees, are required to disclose any conduct that may reasonably constitute discrimination, harassment, sexual misconduct, sexual assault, dating and domestic violence, and/or stalking.

This Policy applies to all current Bryant University students.

This Policy applies regardless of the length of time since the conduct occurred. However, Bryant encourages those who experience or witness discrimination and/or harassment to report incidents as soon as possible to maximize the University’s ability to obtain evidence and conduct a thorough investigation. Disciplinary action can generally only be taken against someone as long as they are enrolled, employed, or otherwise involved with the University. 

This Policy may apply to conduct that occurs on and off campus, including online or electronic activity, when the conduct causes concern for the safety or security of Bryant’s campus; or has, or may have, the effect of contributing to or continuing a hostile environment in a Bryant program or activity.

Bryant’s Title IX Sexual Misconduct Policy and Process (the “Sexual Misconduct Policy”) applies to all reports of Title IX Sexual Harassment (as defined in the Title IX Policy) alleged to have occurred on or after August 14, 2020. When an incident falls outside the definitional and jurisdictional scope of the Title IX Policy, the Equity Policy may apply. Bryant’s Student Code of Conduct applies to all other applicable behavior. In the event that behavior does not fall within the scope of this Policy or the Sexual Misconduct Policy, it may be adjudicated, as applicable, by the Bryant Student Code of Conduct.

1. Definitions

Consent is a clear, informed, and voluntary agreement to engage in sexual activity. Consent requires an outward demonstration, through understandable words or behavior, which conveys a clear willingness to engage in sexual activity. Consent to one type of sexual activity does not equal consent to other types of sexual activity. Consent can be withdrawn at any point during sexual activity and the sexual activity must stop immediately. A verbal “no” establishes lack of consent. Silence, without clear actions demonstrating permission, cannot be assumed to indicate consent – the absence of “no” does not equal “yes.” Consent cannot be obtained by coercion, threat or force. Consent cannot be given by someone if they are mentally or physically incapacitated. Engaging in sexual activity with a person whom you know — or reasonably should know — to be incapacitated constitutes sexual misconduct. A person also is incapable of giving valid consent to sexual activity if they are under the legal age of consent (age 16 in Rhode Island). Although consent does not need to be verbal, verbal communication is the most reliable form of asking for and gauging consent. Talking with sexual partners about desires and limits may seem awkward, but serves as the basis for positive sexual experiences shaped by mutual willingness and respect. Presumptions based upon contextual factors (such as clothing, alcohol consumption, or dancing) are unwarranted and do not constitute evidence of consent.

Sexual Misconduct, as defined in the university Sexual Misconduct Policy and when not within Title IX’s jurisdictional scope, is subject to the University’s responsive actions under this Student Code when it has a direct or continuing impact upon a person’s equal access to Bryant’s education program or activity.

a. Sexual Harassment

b. Sexual Assault

c. Sexual Exploitation

d. Dating Violence, Domestic Violence, or Stalking

For more information on Bryant’s definition of sexual harassment, sexual assault, sexual exploitation, domestic violence, dating violence or staking, and all definitions related to sexual misconduct see the university’s Sexual Misconduct Policy.

Discrimination includes any conduct that excludes an individual from participation, denies the individual benefits, treats the individual differently, or otherwise adversely affects a term or condition of an individual’s employment, education, living environment, or participation in a Bryant program on the basis of the affected individual’s actual or perceived protected characteristic. Examples of discrimination include, but are not limited to, denying a student a performance opportunity because of the student’s race, disability, sexual orientation, or other protected characteristic; giving a student a lower grade than deserved because of the student’s gender, military service, religion, or other protected characteristic; and denying an employee a promotion because of the employee’s age, gender expression/identity, or other protected characteristic.

Harassment is unwelcome, offensive conduct that occurs on the basis of an individual’s actual or perceived protected characteristic. Harassment often takes the form of degrading or hostile behavior, and is sufficiently severe or pervasive that it has the purpose or effect of unreasonably interfering with the individual’s employment or education, or creating a hostile, intimidating, or offensive working, living, or learning environment. Interference with education may include interfering with an individual’s rights to access their living environment and campus activities. Sexual harassment is one form of harassment (defined more fully below) and is characterized by unwelcome conduct that is sexual in nature.

The fact that a person was personally offended by a statement or incident does not, in itself, constitute harassment in violation of this policy. Whether harassment occurred is measured from both an objective (reasonable person’s view) and subjective (the reporting party’s view) standard, and depends on the totality of the circumstances, including: the context of a communication or incident; the relationship of the individuals involved; whether an incident was isolated or part of a course of conduct; the seriousness or severity of the incident; the intent of the individual who engaged in the offensive conduct; and its effect or impact on the individual and the working or learning community.

In all instances, a key factor is whether the reported behavior occurred because of one of the protected characteristics listed above. If it did not, the behavior is not subject to this policy (such behavior may be subject to other Bryant policies, such as the Student Code of Conduct).

A hostile environment exists when harassment or discrimination based upon a protected characteristic is sufficiently severe or pervasive to deny or limit an individual’s ability to participate in or benefit from Bryant’s education or employment programs or activities. In determining whether harassment or discrimination has created a hostile environment, Bryant considers the conduct from the perspective of a reasonable person and assesses a variety of factors related to the severity, persistence, or pervasiveness of the conduct, including (1) the type, frequency, and duration; (2) the identity and relationships of the persons involved; (3) the number of individuals involved; (4) the location of the conduct and the context in which it occurred; and (5) the degree to which the conduct affected one or more community member’s education or employment. The more severe the harassment or discrimination, the less need there is to show a repetitive series of incidents to find a hostile environment. Indeed, a single or isolated incident of harassment or discrimination may be sufficient to create a hostile environment, particularly if the harassment is physical in nature. Likewise, a series of incidents may be sufficient, even if the harassment or discrimination is not particularly severe.

A bias incident is an act of bigotry, harassment or intimidation toward a person, property or group based on the person’s or group’s actual or perceived race, religion, color, ethnicity, national origin, age, sex, sexual orientation, gender identity or expression, disability, status as a protected veteran, pregnancy, marital status, or any other category protected by law. It can be an event, image, utterance, or behavior that demeans or degrades an individual or group from a protected category. This could occur physically, verbally, in writing or via social media or electronic means. A bias incident can occur whether the act is intentional or unintentional and may or may not be an unlawful act.

A hate crime is any crime motivated by bigotry and bias, including, but not limited to threatened, attempted, or completed acts that appear after investigation to have been motivated by racial, religious, ethnic, sexual orientation, gender, gender identity or expression or disability prejudice or motivated by prejudice against a person who is homeless or is perceived to be homeless (RI Gen. Laws, § 42-28-46(a)(2)).

Pathways to Resolution

All incident reports and/or investigation reports are reviewed in the Office of Community Standards and those that warrant action are resolved in a manner outlined in this Policy.

All reports of incidents under this policy shall follow the informal resolution process outlined in the Student Code of Conduct, if agreed to by both parties and the Office of Community Standards or shall proceed through the Community Standards Hearing Processes. Cases that may result in University Suspension, University Expulsion, Revocation of Admission and/or Degree, or Withholding a Degree shall follow the Community Standards Hearing Board Process.

Appeals

If a Respondent is found “responsible” for an alleged violation and/or received sanctions assigned by a hearing board or hearing officer(s), the decision and/or assigned sanction may be appealed by the Respondent(s) to the Vice President for Student Affairs/Dean of Students or designee within five (5) business days of the decision.

An appeal may be submitted on the following grounds:

1. Procedural Error –  the student asserts a material procedural error impaired his or her right to a fair opportunity to be heard. Minor deviations from designated procedures will not be a basis for appeal. Respondent
2. New Information –  Information has arisen that could not reasonably have been made available during the original hearing and may have materially altered the original decision.
3. Excessive or Inappropriate Sanction – The student requests a review of the imposed sanctions, alleging that the sanctions are not commensurate with the Code of Conduct violation.

Except as required to explain the basis of new information, an appeal shall be limited to a review of a Formal Hearing or  Community Standards Hearing Board and supporting documents.

If an appeal is granted by the Appellate Body, the Appellate Body has the right to make the following decisions based on review of the appeal :

1. Accept and enforce the original sanction given to the Respondent;
2. Modify the original sanction (i.e., make the original sanctions more stringent or  lower or lessen the original sanctions);
3. Modify the original decision
4. Order a new hearing for the accused.

The appeals officer shall notify the student in writing of his or her final decision within ten(10) business days, unless special circumstances make that impossible.

Such appeals shall be requested in writing using the Community Standards Appeal Form and will be delivered to the Vice President for Student Affairs/Dean of Students or their designee.