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This policy replaces and supersedes the University’s archived Safe Working and Learning Environment policy  
Equal Opportunity and Access

Nondiscrimination and Anti-Harassment

 Responsible Executive: Vice President and Chief Human Resources Officer
Responsible Office: Equity and Access Office
Effective Date: August 14, 2020
Last Revised: July 30, 2025
Contact: Associate Vice President for Equity Compliance

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Policy Summary

Northern Arizona University (NAU) is committed to providing a working and learning environment free from discrimination, harassment, including sexual harassment, and retaliation. This policy prohibits discrimination and harassment based on protected status including race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity and expression, or genetic information. The policy also prohibits retaliation for raising concerns under this policy or participating in an investigation.

Reasons for this Policy

Harassment and discrimination based on protected status are harmful individually and institutionally and pose barriers to academic and career success. Retaliation can have a chilling effect on reporting instances of prohibited conduct and deter individuals from reporting concerns or participating in the investigative process.

Entities Affected by This Policy

  • All university programs and activities

Who Should Know This Policy

  • All prospective and current students
  • All NAU employees, volunteers, contractors, affiliates, agents, and guests
  • All persons participating in or accessing NAU-sponsored programs or events/members of the public

Definitions

Affiliate: A person who belongs to one of the university’s affiliations who has developed a formal relationship with the university and who has been determined to be an “affiliate” under the University Affiliate Policy.

Discrimination: Discrimination is defined under applicable federal and state law. In general, unlawful discrimination means failing to treat people equally, at least based in part, on status that is protected under applicable law or policy. Protected status includes race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity and expression and genetic information.

Employee: All individuals who have an employment relationship with the university including, for example, faculty, staff, student-employees, graduate and teaching assistants.

Harassment: Harassment is a specific form of discrimination. For purposes of this policy, harassment is unwelcome behavior based upon an individual’s actual or perceived protected status where, in aggregate, the incidents are sufficiently severe or pervasive that a reasonable person with the same protected characteristics as the victim of the harassing conduct would be adversely affected to a degree that interferes with their ability to participate in or to realize the intended benefits of an institutional activity, employment or resource Conduct over social media that rises to this level is prohibited.

Harassment, as defined above, is not protected by the First Amendment.

Retaliation: For purposes of this policy, retaliation occurs when an adverse action is taken against an individual for complying with this policy, opposing conduct reasonably believed to constitute a violation of this policy, filing a report or formal complaint, seeking an accommodation under this policy, or participating in any manner in an investigation or proceeding related to this policy. Adverse actions that are likely to deter a complaining individual or others from engaging in protected activity are prohibited.

Sexual Harassment: (see also Title IX Sexual Harassment)

  • Quid Pro Quo sexual harassment occurs when an employee of the university conditions the provision of an aid, benefit, or service of the university on an individual’s participation in unwanted sexual conduct.
  • Hostile Environment Sexual Harassment includes unwelcome conduct of a sexual nature (including unwelcome sexual advances or activity) which is sufficiently severe or pervasive to create an intimidating, hostile or offensive environment for academic pursuits, employment or participation in university sponsored programs or activities. Examples of conduct that may, if severe or pervasive, constitute sexual harassment include, but are not limited to:
    •  unwelcome physical or implied sexual advances, or requests for sexual favors;
    • inappropriate physical touching, kissing, brushing up or rubbing against another;
    • unwelcome sexually suggestive or degrading jokes, comments, insults or gestures;
    • voyeurism (which includes observing others in a state of full or partial undress or engaged in sexual activity) or non-consensual photographing or audio or video recording of another in such circumstances, or publishing or threatening to publish or disseminate such materials; or
    • inappropriate display or circulation of sexually explicit materials such as photos, pictures, posters, magazines, cartoons, or statements, whether in printed or electronic form.
  • The NAU Sexual Misconduct Policy also applies to allegations that meet this definition and could be addressed using the Nondiscrimination and Anti-Harassment Procedure.

Title IX Sexual Harassment: Title IX Sexual Harassment, as defined in the university Sexual Misconduct Policy, is conduct based on sex, occurring in the United States, which constitutes one or more of the following:

  • Unwelcome conduct that a reasonable person would find so severe, pervasive and objectively offensive that it effectively denies a person equal access to university sponsored education programs or activities.
  • An employee conditioning the provision of an aid, benefit, or service of the university in the United States on an individual’s participation in unwelcome sexual conduct.
  • Any of the following specific acts of sexual harassment within a university sponsored program or activity: sexual assault, domestic violence, dating violence, and stalking.

Student: For purposes of this policy, all admitted or currently enrolled undergraduate and graduate students, including those enrolled in online classes or auditing university courses.

Volunteer: A person doing work for the university under the direction and control of university officials and is not being paid by anyone for these activities.

Policy

A. Scope

Northern Arizona University prohibits discrimination or harassment based on any protected status: race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity and expression and genetic information. This includes allegations of sexual harassment and Title IX sexual harassment as defined in this policy to include quid pro quo and hostile environment sexual harassment as well as sexual assault, dating violence, domestic violence and stalking. The NAU Sexual Misconduct Policy covers allegations of Title IX Sexual Harassment and other forms of Sexual Harassment.

Retaliation or retribution of any kind taken against an individual for reporting or participating in an investigation of a report made under this policy is prohibited. Retaliation is a separate, distinct and serious violation of this policy.

Inappropriate conduct need not rise to the level of a violation of federal or state law to constitute a violation of this policy and warrant disciplinary action or other appropriate response.

Enforcement of this policy is subject to relevant constitutional provisions, for example, freedom of speech and expression.

Members of the University community are responsible for participating in, creating, and maintaining a workplace and/or educational environment free from all forms of prohibited discrimination, harassment and retaliation and for cooperating with any investigation of allegations of a violation of this policy.

B. Reporting a Concern or Filing a Formal Complaint
  1. Reporting Options
  2. Reporting Obligations – Supervisors
    • Individuals in positions of authority, including supervisors, managers or administrators, who are informed of a violation of this policy or have a reasonable basis to believe a violation may have occurred are required to contact the Equity and Access Office (EAO) using the NAU Login – Report Discrimination/Harassment Form.  Failure to do so may result in disciplinary action. Informal resolution at the department level may be appropriate in some cases, but that does not eliminate the obligation to report and consult as described above.
  3. Anonymous Reports
    • Individuals without a reporting obligation described above may report to the above offices or may make an anonymous complaint to the NAU Police Department, the Office of the Dean of Students or the Equity and Access Office. If an individual requests anonymity after a report is made, the appropriate office will consider the request in light of the due process rights of all involved, the severity of the harassment, the potential risk to other members of the university community and any related legal obligations. When possible, the requesting party will be advised if this request cannot be honored.
C. Confidentiality

It is the obligation of faculty employees, supervisors, staff employees, and administrators to whom a concern or complaint is brought to maintain the privacy of all parties to the extent possible insofar as it does not interfere with their duty to report and the university’s obligation to investigate and address allegations or as required by law.

D. Other University Policies

This policy does not cover all forms of perceived unfair treatment. Issues not covered by this policy may be appropriately referred to other university offices.

E. Time Limits and Considerations

Although there are no time limits within which a complaint may be filed under this policy, individuals are encouraged to bring forward issues in a timely manner to facilitate an effective investigation process and resolution. Individuals may file with an outside agency, including law enforcement, the U.S. Equal Employment Opportunity Commission or the U.S. Department of Education, Office for Civil Rights. The university may continue to investigate under this policy concerning the same or related events and will not retaliate in any way against an individual who files with an outside agency.

F. Obligation to Provide Truthful Information

As allegations under this policy may result in severe consequences, the university takes the accuracy of information in its processes very seriously. All participants have an obligation to provide truthful information. Initiating a false complaint, falsifying or withholding evidence or inducing another person to do the same, or otherwise intentionally hindering an investigation, are prohibited. This provision does not apply to reports made or information provided in good faith, even if the information later proves to be faulty or the facts alleged are not later substantiated.

G. Interim Actions

The university may take interim actions designed to support and protect individuals and the university community even in the absence of a formal complaint or while the complaint is being processed. An employee may be placed on administrative leave if deemed appropriate under university policy or, when applicable, as governed by Title IX regulations.

H. Sanctions

If, after review through the appropriate university procedures, it is determined by a preponderance of the evidence that violation of this policy has occurred by an employee or student, educational and/or disciplinary action(s) may be taken; such actions may include up to termination for employees (including student employees) and up to suspension, expulsion, or degree revocation for students. Affiliates, volunteers and other individuals violating this policy may be subject to a severing of their connection to the university, trespass from campus or any related privileges.

In addition to disciplinary action, the university will also consider remedies designed to address the impact of the violation on the reporting party.

I. Applicable Procedures

The applicable procedures for addressing a report made under this policy will be determined by the nature of the allegations made.

  1. Title IX Sexual Harassment
    • The university will address allegations of Sexual Harassment and Title IX Sexual Harassment, as defined above, under the NAU Sexual Misconduct Policy and related procedures. Where appropriate, the University may investigate the same or similar allegations concurrently under this Policy and the Sexual Misconduct Policy.
  2. Other Complaints
    • The Nondiscrimination and Anti-Harassment Complaint Procedures will be applicable to all other complaints under this policy. These procedures provide for prompt and equitable methods to identify prohibited behavior and to stop discrimination, remedy any harm, and prevent its reoccurrence. If a student is also an employee and the allegations are related to conduct in that role, Nondiscrimination and Anti-Harassment procedures will apply to the investigation and determination of any appropriate employment related sanctions. If the behavior also constitutes a violation of the Student Code of Conduct or other student policy, then the matter may be referred to the Dean of Students.
  3. Complaints Addressed Informally
    • Reports made under this policy may be addressed informally under this policy at the request of a reporting party or after evaluation by the office addressing the complaint. In some circumstances, an informal approach may not appropriate. If eligible, reports made under this Policy may be addressed under the university’s Informal Resolution Process.
J. University Compliance Officers/Offices

The university has identified the following individuals as the persons responsible for compliance with certain federal laws related to discrimination and harassment. They may be contacted with questions or concerns regarding prohibited discrimination and related policies and procedures:

  • The person designated to serve as the University Title IX Coordinator is:
    • Elyce C. Morris
    • Director, Institutional Equity Compliance and Title IX Coordinator
    • titleix@nau.edu | 928.523.5434 | Gammage – Room 312A
    • PO Box 4116, Flagstaff, AZ 86011-4116 https://nau.edu/title-ix
  • The person designated to serve as the ADA/504 Coordinator is:
  • The person designated to serve as the compliance officer for Title VI, Title VII, and other non- discrimination laws not otherwise addressed above is:
    • Elyce C. Morris
    • Director, Institutional Equity Compliance and Title IX Coordinator
    • EquityandAcces@nau.edu | 928.523.3312 | Old Main – First Floor
    • PO Box 4083, Flagstaff, Arizona 86011-4116 | in.nau.edu/eao

 

Nondiscrimination and Anti-Harassment Complaint Procedure

(Revised July 30, 2025)

Preamble

This procedure accompanies the Nondiscrimination and Anti-Harassment Policy and the Sexual Misconduct Policy (“Policies”).  The university may use this Procedure to resolve matters that involve, but are not limited to, students, faculty and staff employees, and university affiliates.  This Procedure also governs for resolution of matters brought to the university under applicable Policies by members of the public.

I. Determination of Applicable Policy and Procedure

The Title IX (TIX) Coordinator or designee will review formal complaints of sexual misconduct to determine whether they are addressed appropriately under the university’s Nondiscrimination and Anti-Harassment Policy or the university’s Sexual Misconduct Policy. The Equity and Access Office (EAO) and/or the Office for the Resolution of Sexual Misconduct (ORSM): Title IX Institutional Compliance, Prevention & Response may use these procedures to address claims dismissed from the Title IX Sexual Harassment Procedure and/or which are otherwise violations of the Nondiscrimination and Anti-Harassment Policy (the “Policy”).

II. Other Discrimination Reports

Formal complaints of discrimination based on other protected categories including race, color, religion, sex (except as described above), national origin, age, disability, veteran status, sexual orientation (except as described above), gender identity and expression (except as described above), or genetic information will be addressed through these procedures, as will alleged violations of the Consensual Romantic or Sexual Relationships Policy.

III. Initial Contact

Upon receipt of a report of possible discrimination or a formal complaint, the appropriate office will contact the individual(s) reporting or impacted by the circumstances to inform them of appropriate support resources and options for pursuing complaints under one of the applicable Policies.

IV. Informal Matters

Upon receipt of a report or complaint under the one of the applicable Policies, the appropriate office will determine whether an informal resolution is appropriate. Individuals may request an informal resolution to a concern under one of the applicable Policies, and the appropriate office will consider the wishes of those involved as a factor in making the determination. The informal process involves a range of possible processes (including facilitated conversations or other informal interventions). Where an informal resolution is inappropriate or a resolution is untenable, the appropriate office will address the matter using the formal complaint procedure.

V. Formal Complaints

The complainant (the person filing the complaint) may submit a formal complaint to EAO using the online complaint form available at https://nau.edu/eao. If the appropriate office determines that the complaint is covered by one of the applicable Policies, then the appropriate office will initiate a formal investigation. If it is determined that EAO will not handle a specific matter due to actual or perceived conflict of interest or workload matters, then an investigator outside of EAO may be assigned.

A. Notice

The university will notify the appropriate level of the respondent’s chain of command and then provide written notice to the respondent. The notice will include (1) information regarding the basis for the allegations, (2) the respondent’s right to provide testimony, documentation, and the names of witnesses relevant to the matters under investigation, and (3) the prohibition against retaliation. The appropriate office will provide notice to the respondent in a timely manner.

B. Interim Measures

The appropriate office may recommend the chain of command or other appropriate office or individual put in place interim measures during the investigation as appropriate. These measures are designed to address the well-being of all parties during any complaint review. The appropriate office may confer with the Human Resources Office, the Office of the Dean of Students, the Equity and Access Office, the Office for the Resolution of Sexual Misconduct: Title IX Institutional Compliance, Prevention & Response, other appropriate offices, and/or the supervisory chain of command, as appropriate, in identifying and implementing interim measures.

C. Investigation

The assigned investigator will determine the most appropriate investigative plan and gather and review relevant and available witness testimony, documentation, and other relevant evidence. A respondent will be provided an opportunity to respond to the substantive allegations during the investigative process and before any determinations are made. The investigator will determine if, based on the preponderance of evidence standard, the evidence supports a finding that one of the applicable Policies was violated and communicate the finding to the relevant chain of command and to the parties. A finding of “responsible” means that the preponderance of evidence supported a conclusion that the Policy was violated. If an investigation reveals concerns that do not rise to the level of a violation of one of the applicable Policies, then the appropriate office may provide recommendations to prevent future concerns. The investigator may also make recommendations if it is determined that the complaint was not filed in good faith or that false or misleading testimony was intentionally provided to the investigator.

D. Investigative Report

With a formal complaint, the investigator will prepare a written, confidential report for the chain of command that summarizes the information reviewed, determination made, and any related recommendations. The report is not shared with the parties or witnesses. The appropriate office may provide the written report to other offices with a need-to-know in order to assist or advise on resolution, including, but not limited to, Human Resources, the Office of the Dean of Students, the Office of the Provost, or the Office of General Counsel. The appropriate office will complete the investigation in a timely manner, typically within 120 days of notice to the respondent. If that timeframe is not met, then the appropriate office will provide written notice to the parties of the anticipated completion timeline.

E. Confidentiality

EAO and ORSM are offices of record. Therefore, the appropriate office cannot assure a party or witness that it will not notify appropriate individuals of a report or complaint or that it will not take action to address a report of alleged discrimination. However, the appropriate offices maintain confidentiality of its processes and records insofar as it does not interfere with the university’s obligation to investigate and address the allegations of misconduct or if disclosure is required by law.

VI. Appeal

There is no appeal of the finding of the investigation. Should the chain of command institute discipline or other personnel action as a result of the complaint, the individual will have all grievance rights concerning the discipline or other personnel action that may be provided under the policy(ies) applicable to that individual’s position in the university.

VII. Filings with State and Federal Agencies

The investigation of a complaint under these procedures is not affected by the filing of a discrimination complaint with a state or federal enforcement agency, such as the Equal Employment Opportunity Commission or the Office for Civil Rights. Timeframes for external filings are not tolled by the filing of an internal complaint under the Policy.

 

Keywords:

Anti-harassment
Nondiscrimination
Retaliation