Equal Opportunity Compliance and Title IX

Harassment and Discrimination

Harassment

Harassment is unwelcome conduct that is based on a protected characteristic, which includes race, religion, color, national origin, age, sex, sexual orientation, gender identity, height, weight, genetic information, marital status, disabled veteran status, veteran status, or disability. (See Protected Characteristics webpage for more information)  Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose. The University prohibits harassment on any of its campuses and by any person while engaged in on- or off-campus University business.

To violate the University policy (Board of Trustees Policy 5.1 - 5.3) of harassment based on protected characteristics it must either:

  1. Harassing conduct results in an explicit adverse change to a term, condition, or privilege of employment, or
  2. Harassing conduct creates a hostile work environment. A hostile environment is an on-campus, online, or remote environment, that through harassing conduct (e.g. physical, verbal, graphic, or written) based on a person’s protected characteristic status, becomes so severe or pervasive, and subjectively and objectively offensive that a reasonable person in the employee’s position would find the situation to be an abusive work or educational environment, or interferes with the individual’s ability to participate in or benefit from a University program, activity, and/or employment.

Discrimination

Discrimination is the unequal or unfair treatment of a person on the basis of that person’s race, religion, color, nation origin, age, sex, sexual orientation, gender identity, height, weight, genetic information, marital status, disabled veteran status, veteran status, or disability. Discrimination occurs when persons are excluded from participation in, or denied the benefits of, any University program or activity because of their protected status.

Pregnancy Discrimination is discrimination on the basis of pregnancy, childbirth, false pregnancy, termination of a pregnancy, or recovery therefrom.  It can occur when persons are excluded from participation in, or denied the benefits of, any university program or activity because of their pregnancy unless they request voluntarily to participate in a separate portion of the program or activity or choose to not so.  

Parenting Discrimination is based on rules concerning parental, family, or marital status. These rules may not be applied differently based on sex or gender. For example, universities cannot provide women with time to bond with or care for their children and not men.

Examples of Prohibited Practices

  • Retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices
  • Denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability.
  • Giving a higher grade to a student who submits to sexual advances.

Sexual Misconduct

Sexual Misconduct is prohibited under university policy. The specific prohibited conduct includes Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, and Stalking. Alleged conduct will be evaluated by the Title IX Coordinator to determine whether it will be investigated under the Title IX Sexual Harassment University Policy or Board of Trustees Policy 5.3 Discrimination Based on Sex. For Policy 5.3 to apply, the Title IX Coordinator will determine prior to a Formal Title IX Complaint or after the dismissal of a Formal Title IX Complaint, that the Respondent is an employee of Michigan Technological University and the alleged conduct meets one or more of the following: 

  1. The alleged conduct does not fall within the definition of sexual harassment, as defined in the Title IX Sexual Harassment Policy. 
  2. The alleged conduct, if proved, would constitute a violation of sexual harassment as defined in the Title IX Sexual Harassment Policy and did not occur in an education program or activity of Michigan Technological University, but would have a substantial impact on Michigan Technological University.
  3. The alleged conduct, if proved, would violate the definition of sexual harassment as defined in the Title IX Sexual Harassment Policy and did not occur in the U.S.

Retaliation

Retaliation is engaging in adverse action against a reporting party/complainant, responding party/respondent, or any individual or group of individuals involved in the complaint, investigation, and/or resolution of an allegation of a violation, which affects their employment, academic/student, or business status that is motivated in whole or in part by their participation in the process.

In addition, the University will not tolerate retaliation against persons due to their assertion of their protected civil rights, including filing complaints with federal or state civil rights enforcement agencies, bringing the University’s attention to prohibited activity, or participation in an investigation of such a complaint.

Retaliation is expressly prohibited by University policy and could lead to discipline including possible termination or dismissal.

Retaliation can take many forms, including but not limited to threats, intimidation, pressuring, demotion, and/or continued harassment.  Persons who feel that they have been subject to retaliation may file a complaint based on the alleged retaliation in the same manner as for the initial complaint. Conduct that constitutes retaliation may be found regardless of whether or not the underlying complaint is found to have merit.

Employee Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent involved in EOC cases.

Supportive measures may include, but are not limited to:

  • Modifications of work schedules
  • Supervisory changes
  • Changes in duties or office locations
  • Leaves of absence
  • Employee Assistance Program (EAP)
  • Mutual restrictions on contact between the parties (Employee No Contact Order)

Employee No Contact Order 

A No Contact Order is a formal directive that restricts contact between a complainant and a respondent following a reported violation of university policy. This is a supportive measure, not a disciplinary action. It is issued to protect the integrity of the investigation and the well-being of everyone involved. It does not indicate a finding of fault.

General Information:

  • It is the primary responsibility of the involved employees to ensure they remain in compliance with the order.
    • Any violations or attempts at contact must be reported immediately to the office that issued the notice.
  • The order applies equally to all parties. If contacted by the other party, do not respond; instead, report the incident to the issuing office.
  • If communication is required for a work task, it must be handled through a third party, typically a supervisor.
  • Any questions regarding the specifics of the order should be directed to the office that issued the notice.
  • Prohibited Conduct:
    • Direct physical or verbal contact of any kind.
    • Communication in person, in writing, or via digital platforms (IM, text, phone, email, and all social media formats).
    • Indirect communication through third parties, such as colleagues, friends, family, or peers.
  • Shared Spaces:
    • The order does not prohibit being in the same campus work or public spaces (the MUB, SDC, Rozsa, Library, or meeting rooms).
    • If both parties are in the same space, they must not engage in any physical or verbal contact.

Supervisor Responsibilities:

  • Act as the primary intermediary for information exchange between the two parties, or assign a designated neutral third party to handle these communications.
  • Allow both parties to use the same office or public spaces as long as they don't interact, but ensure that both employees understand how to maintain the No Contact Order while in the same area.
  • Operational Changes:
    • Consult with the office that issued the notice before making any changes to scheduling or job duties.
    • Ensure work conditions are not altered in a way that could be interpreted as punitive or retaliatory.
  • Confidentiality Protocols:
    • Maintain strict confidentiality regarding the existence of the No Contact Order.
    • Provide neutral, business-related justifications to other team members if they inquire about changes to workflows or procedures.
  • Observation and Intervention:
    • Intervene politely but firmly if the parties are witnessed interacting.
    • Provide a clear reminder of the directive and redirect both employees to their specific tasks.

Revised March 13, 2026