Policy Template

Virginia Polytechnic Institute and State University

Policy on Harassment, Discrimination, and Sexual Assault - No. 1025 - Page 1

Policy on Harassment, Discrimination, and Sexual Assault

No. 1025

Policy Effective Date:

3/4/1991

Last Revision Date:

7/1/2024

Policy Owner:

President Sands

Policy Author: (Contact

Person)

Kelly Oaks

Kim O’Rourke

Affected Parties:

Undergraduate

Graduate

Faculty

Staff

Others

1.0 Purpose

2.0 Policy

3.0 Scope

4.0 Procedures

5.0 Definitions

6.0 References

7.0 Approval and

Revisions

1.0 Purpose

The university is subject to Titles VI and VII of the Civil Rights Act of 1964, Title IX of

the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of

1973, the Americans with Disabilities Act of 1990, as amended, the Age Discrimination

in Employment Act, the Equal Pay Act, the Vietnam Era Veterans' Readjustment

Assistance Act of 1974, Federal Executive Order 11246, Genetic Information

Nondiscrimination Act of 2008 (GINA), Virginia Executive Order(s), and all other

federal and state rules and regulations that are applicable.

2.0 Policy

2.1 University Statement on Non-Discrimination

Virginia Tech does not discriminate against employees, students, or applicants on the basis

of age, color, disability, sex (including pregnancy), gender, gender identity, gender

expression, genetic information, ethnic or national origin, political affiliation, race,

religion, sexual orientation, or military status, or otherwise discriminate against employees

or applicants who inquire about, discuss, or disclose their compensation or the

compensation of other employees or applicants, or on any other basis protected by law.

2.2 Applicability of Non-Discrimination Statement

The prohibition against discrimination and harassment applies to all levels and areas of

university operations and programs, to undergraduate and graduate students, administrators,

faculty, staff, volunteers, vendors and contractors. Such behavior is inconsistent with the

university’s commitment to excellence and to a community in which mutual respect is a

core value as articulated in the Virginia Tech Principles of Community.

2.3 Reference to Policy on Title IX Sexual Harassment

Effective August 14, 2020, sexual misconduct that falls under Title IX Sexual Harassment,

as defined by federal law, shall be governed by the university’s Policy on Title IX Sexual

Harassment and Responsible Employee Reporting (Policy No. 1026). If both this policy and

Policy No.1026 apply, the procedures as outlined in Policy No. 1026 shall be utilized. For

clarification on what sexual misconduct falls under Title IX Sexual Harassment, please see

Policy No. 1026.

3.0 Scope

The university’s jurisdiction includes on-campus incidents and off-campus incidents that

cause continuing effects on campus and includes complaints filed by students or employees,

or others on their behalf, alleging discrimination or discriminatory harassment (including

sexual harassment and sexual violence) carried out by faculty, staff, other students, or third

parties.

Virginia Polytechnic Institute and State University

Policy on Harassment, Discrimination, and Sexual Assault - No. 1025 - Page 2

Virginia Tech is also committed to the free and vigorous discussion of ideas and issues. This policy does not allow

curtailment or censorship of constitutionally protected expression, nor does it attempt to address behaviors that do

not constitute discrimination or harassment. Offensive behavior that does not violate this policy should be

addressed by the appropriate supervisor or administrator.

3.1 Contact Information

Questions and complaints of discrimination or discriminatory harassment involving faculty, staff, or students should

be filed with:

The Associate Vice President for Equity and Accessibility

Office for Equity and Accessibility

Virginia Tech

220 Gilbert Street, Suite 5200

Blacksburg VA 24060

Phone: (540) 231-2010

equityandaccess@vt.edu

4.0 Procedures

The procedures referenced below provide for prompt and equitable response to reports of prohibited conduct. The

procedures also provide for thorough and impartial investigations that afford all parties notice and an opportunity to

present witnesses and evidence and to view the information that will be used in determining whether a policy

violation has occurred. The university applies the preponderance of the evidence standard when determining

whether this policy has been violated. "Preponderance of the evidence" means that it is more likely than not that a

policy violation occurred.

The appropriate university avenue for resolving a complaint covered under this policy is determined by the status of

the person accused.

All undergraduate, graduate, and professional students at the university are subject to the university’s student

code of conduct as outlined in the Student Code of Conduct, accessible at https://codeofconduct.vt.edu.

Faculty members at the university are subject to the rules included in the Faculty Handbook, accessible at

https://www.provost.vt.edu/faculty_affairs/faculty_handbook.html. Staff members are subject to the rules included

in university policies (https://www.hr.vt.edu/resources/current-employees/policies-handbooks.html) and the

Virginia Department of Human Resource Management Policies

(http://www.dhrm.virginia.gov/hrpolicy/policy.html#probper), with minor exceptions for University Staff.

Procedures for addressing staff and faculty violations of this policy are available from Human Resources.

4.1 Responsibilities of Administrators and Supervisors

University administrators, supervisors, and those performing instructional or academic advising duties have a

responsibility to create and maintain a work and learning environment free of discrimination/harassment.

If an administrator, supervisor or individual with instructional responsibility becomes aware of an incident that

might reasonably be construed as constituting discrimination/harassment, he or she must promptly contact the

Office for Equity and Accessibility and coordinate with that office to take immediate steps to address the matter.

Virginia Polytechnic Institute and State University

Policy on Harassment, Discrimination, and Sexual Assault - No. 1025 - Page 3

Administrators, supervisors and those with instructional responsibility should contact the Office for Equity and

Accessibility whenever they learn—either directly or indirectly—about discrimination/ harassment. This

obligation exists even if the complainant requests that no action be taken.

Administrators, supervisors and those with instructional responsibility (for their respective teaching obligation)

have the legal responsibility to protect a complainant from continued discrimination, harassment or retaliation,

including implementing interim measures necessary to protect the complainant. They must also protect persons

accused of discrimination/ harassment from potential damage by false allegations. Administrators and supervisors

will be held accountable for dealing with and taking necessary steps to prevent discrimination/harassment. It is not

the responsibility of the complainant to correct the situation.

Employees are responsible for informing employees and students under their supervision of this policy and the

name and contact information of the person responsible for addressing discrimination complaints covered under

this policy.

4.2 Supplemental/Alternative Avenues for Formal Complaints

In addition to, or in lieu of, the procedures set forth above, individuals may pursue those remedies that are

available to them, as appropriate, through the following agencies:

Students and applicants for admission may file formal complaints with the Office for Civil Rights of the U.S.

Department of Education.

Faculty members or applicants for employment may file a charge with the federal Equal Employment

Opportunity Commission and/or the Virginia Council on Human Rights within 300 days of the incident.

The following options are available to staff members or applicants for employment:

a) Non-probationary staff may file a grievance within 30 calendar days of the offense as outlined in the

Grievance Procedure for State Employees, or

b) Salaried and wage staff may file a complaint using the Discrimination Complaint Procedure administered

by the Office of Equal Employment Services in the state’s Department of Human Resource Management.

c) Salaried and wage staff may file a complaint with the federal Equal Employment Opportunity Commission

or the Virginia Council on Human Rights within 300 days of the alleged discrimination/harassment.

Additional information regarding this policy may be obtained from the Department of Human Resources.

Additional assistance and support may be obtained from the Women’s Center, the Office of the Provost (faculty),

the Department of Human Resources (staff and AP faculty), the Graduate School (graduate students), the Dean of

Students Office, Cook Counseling Center, or Student Conduct (students).

We encourage victims of sexual violence, including rape, sexual assault, stalking, and dating and domestic

violence, to exercise their right to file a complaint with the Virginia Tech Police Department if the crime occurs

on Virginia Tech’s property, regardless of the status of the victim. For crimes occurring away from Virginia

Tech’s property, victims may contact the local law enforcement in the appropriate jurisdiction.

5.0 Definitions

Consent means knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon

sexual activity. The existence of consent is based on the totality of circumstances, including the context in which

the alleged consent occurred. Silence does not necessarily constitute consent and coercion, force, or threat of

either party invalidates consent.

Policy on Harassment, Discrimination, and Sexual Assault - No. 1025 - Page 4

Virginia Polytechnic Institute and State University

• Consent cannot be given where a person is incapacitated due to drugs or alcohol; or where a person has a

disability; or is not of legal age to consent as defined by law.

• Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual

activity. Consent can be withdrawn at any time.

• Previous relationships or prior consent cannot imply consent to future sexual acts.

Discrimination and/or Harassment means conduct that conditions any element of a person's employment,

enrollment as a student, receipt of student financial aid, or participation in university activities on that person's age,

color, disability, sex (including pregnancy), gender, gender identity, gender expression, genetic information, ethnic

or national origin, political affiliation, race, religion, sexual orientation, or military status, unless otherwise

permitted or required by applicable law. Virginia Tech does not otherwise discriminate against employees or

applicants who inquire about, discuss, or disclose their compensation or the compensation of other employees or

applicants nor on any other basis protected by law. Discrimination on the basis of sex in education programs and

activities receiving federal financial funding as set forth in Title IX of the Education Amendments of 1972, as

amended, is included in this definition of prohibited discrimination;

Conduct of any type (oral, written, graphic, electronic or physical) that is based upon a person’s age, color,

disability, sex (including pregnancy), gender, gender identity, gender expression, ethnic or national origin, political

affiliation, race, religion, sexual orientation, or military status and unreasonably interferes with the person's work or

academic performance or participation in university activities, or creates a working or learning environment that a

reasonable person would find hostile, threatening or intimidating; and/or

Conduct consisting of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct

of a sexual nature when submission to such conduct is made, explicitly or implicitly, a term or condition of an

individual’s employment or education, or submission to or rejection of such conduct is used as a basis for

employment or educational decisions affecting an individual.

Retaliation means any adverse action taken against a person for making a good faith report of conduct prohibited

under this policy or participating in any proceeding under this policy. Retaliation includes threatening, intimidating,

harassing, coercing or any other conduct that would discourage a reasonable person from engaging in activity

protected under this policy. The definition of retaliation does not preclude an individual from engaging in good faith

actions, lawfully pursued, in response to a report of conduct prohibited under this policy.

Sexual Harassment means conduct any type (oral, written, graphic, electronic or physical) that is based upon a

person’s sex (including pregnancy), and unreasonably interferes with the person's work or academic performance

or limits participation in university activities, or creates a working or learning environment that a reasonable

person would find hostile, threatening or intimidating.

Sexual Harassment includes conduct of a sexual nature, including conduct consisting of unwelcome sexual

advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when submission to

such conduct is made, explicitly or implicitly, a term or condition of an individual’s employment or education, or

submission to or rejection of such conduct is used as a basis for employment or educational decisions affecting an

individual. This policy includes sexual violence, gender-based harassment, domestic violence, dating violence and

stalking as forms of sexual harassment.

Policy on Harassment, Discrimination, and Sexual Assault - No. 1025 - Page 5

Virginia Polytechnic Institute and State University

Sexual Exploitation means an act or acts committed through non-consensual abuse or exploitation of another

person’s sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage, or any

other non- legitimate purpose. The act or acts of sexual exploitation are prohibited even though the behavior

does not constitute one of the other sexual misconduct offenses.

Sexual Violence means physical sexual acts perpetrated against a person’s will or where a person is incapable of

giving consent due to the victim’s use of drugs or alcohol or is unable to give consent due to an intellectual or

other disability. Sexual violence includes rape, sexual assault, sexual battery, and sexual coercion.

• Rape means penetration, no matter how slight, of the vagina or anus of a person with any body part or object,

or oral penetration by a sex organ of another person, without the consent of the victim.

• Fondling means the touching of the private body parts of another person for the purpose of sexual

gratification, without the consent of the victim, including instances where the victim is incapable of giving

consent because of age or temporary or mental incapacity.

• Incest means sexual intercourse between persons who are related to each other within degrees wherein

marriage is prohibited by law.

• Statutory Rape means sexual intercourse with a person who is under the statutory age of consent.

• Sexual Assault means actual or attempted sexual contact with another person without that person’s consent.

• Sexual Coercion means using physical or verbal aggression or pressure to force or attempt to force a person

to touch another person’s intimate parts without that person’s consent.

Dating violence means violence committed by a person: (a) who is or has been in a social relationship of a romantic

or intimate nature with the victim; and (b) where the existence of such a relationship shall be determined based on a

consideration of the following factors: (1) the length of the relationship; (2). the type of relationship; and (3) the

frequency of interaction between the persons involved in the relationship.

Domestic Violence means felony or misdemeanor crimes of violence committed by: (a) a current or former spouse or

intimate partner of the victim; (b) a person with whom the victim shares a child in common; (c) a person who is

cohabitating with or has cohabitated with the victim as a spouse or intimate partner; (d) a person similarly situated to

a spouse of the victim under the domestic or family violence laws of Virginia; or any other person against an adult or

youth victim who is protected from that person’s acts under the domestic or family violence laws of Virginia.

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person

to: (a) fear for the person’s individual safety or the safety of others; or (b) suffer substantial emotional distress.

6.0 References

Presidential Policy Memorandum No. 112, University Non-Discrimination Statement

https://policies.vt.edu/assets/112-non-discrimination-statement.pdf

University Policy 1026, Policy on Title IX Sexual Harassment and Responsible Employee Reporting

http://www.policies.vt.edu/1026.pdf

Policy on Harassment, Discrimination, and Sexual Assault - No. 1025 - Page 6

Virginia Polytechnic Institute and State University

University Policy 4075, Policy for University Accommodation of Persons with Disabilities

http://www.policies.vt.edu/4075.pdf

Virginia Department of Human Resources Management, Policy 1.60 Standards of Conduct

http://www.dhrm.virginia.gov/docs/default-source/hrpolicy/pol1_60.pdf?sfvrsn=2

Virginia Department of Human Resource Management, Policy 2.05, Equal Employment Opportunity

http://www.dhrm.virginia.gov/docs/default-source/hrpolicy/pol2_05eeo.pdf?sfvrsn=2

Virginia Department of Human Resource Management, Policy 2.35 Civility in the Workplace

https://www.dhrm.virginia.gov/docs/default-source/hrpolicy/policy-2-35-civility-in-the-

workplace-policy.pdf

Virginia Department of Human Resource Management - Employment Dispute Resolution - Grievance Procedure

Manual

http://www.dhrm.virginia.gov/employmentdisputeresolution, http://www.dhrm.virginia.gov/docs/default-

source/edrdocuments/GPM-2017.pdf?sfvrsn=8

Virginia Tech, Expectations for Graduate Education

https://graduateschool.vt.edu/content/dam/graduateschool_vt_edu/expectations-pdfs/expectations-for-

graduate-education-may-2017.pdf

Virginia Tech, Faculty Handbook

https://www.provost.vt.edu/faculty_affairs/faculty_handbook.html

Virginia Tech, Student Code of Conduct

https://codeofconduct.vt.edu/

Virginia Tech, Principles of Community

7.0 Approval and Revisions

•

Revision 1

Revised by Commission on Faculty Affairs, December 17, 1990, the Faculty Senate, January 8, 1991,

and the EO/AA Committee on January 8, 1991, with further revisions, February 12, 1991.

Note: Policy 1025 initially was titled Sexual Harassment Policy and addressed only that issue. The title

and scope of Policy 1025 were not expanded until Revision 3 in 2005.

Approved March 4, 1991 by University Council.

•

Revision 2

Revised by the EO/AA Committee, March 29, 1994; approved by Commission on Faculty Affairs, May

13, 1994. The title of Policy 1025 remained Sexual Harassment Policy and dealt only with that topic.

Approved October 3, 1994, by University Council.

•

Revision 3

Revised by the Commission on Equal Opportunity and Diversity, March 28, 2005. Approved by University

Council, May 2, 2005.

With this revision, the scope of the policy was expanded, and the title of Policy 1025 was changed to the

Anti-Discrimination and Harassment Prevention Policy to reflect this expansion.

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Virginia Polytechnic Institute and State University

For the first time, the university’s official Non-Discrimination Statement stated in Presidential Policy

Memorandum 112 was repeated in Policy 1025 under Section 1.0 Purpose. Presidential Policy

Memorandum 112 remains the university’s official Non-Discrimination Statement.

Approved by the Board of Visitors, August 29, 2005.

•

Revision 4

Revised by the Commission on Equal Opportunity and Diversity, March 29, 2010.

Approved by University Council, April 19, 2010.

Approved by the Board of Visitors, June 7, 2010.

•

Revision 5

Section 4 – “faculty member” replaced with “individual with instructional responsibility.”

Approved March 16, 2011 by Charles W. Steger, University President.

•

Revision 6

April 24, 2013: Technical updates to:

•

reflect regulations, particularly those that add genetic information to the list of protected statuses;

•

clarify oversight responsibilities for sexual harassment complaints involving any student who is not

acting in the capacity of an employee, volunteer, or contractor;

•

clarify that non-probationary employees have 30 “calendar” days to file a grievance; and

•

update references and hyperlinks.

Approved June 3, 2013, by Charles W. Steger, University President, and the Board of Visitors.

•

Revision 7

Revised to include the addition of terms “gender identity” and “gender expression” in sections 1. Purpose,

first paragraph, and 2.1 Prohibited Acts, first and second paragraphs.

Approved September 15, 2014 by University President, Timothy D. Sands, and the Board of Visitors.

•

Revision 8

Revised to include definitions approved by the Board of Visitors on June 1, 2015, and add contact

information for the Title IX Coordinator, and language encouraging victims to file a complaint with the

appropriate law enforcement agency.

Approved June 1, 2015 by University President, Timothy D. Sands, and the Board of Visitors.

•

Revision 9

Revised section 2.1 to include the sentence, “Virginia Tech does not otherwise discriminate against

employees or applicants who inquire about, discuss, or disclose their compensation or the compensation of

other employees or applicants nor on any other basis protected by law.” This is added to comply with

Federal Executive Order 13665, issued by President Obama. Approved November 9, 2015 by University

President, Timothy D. Sands, and the Board of Visitors.

•

Revision 10

Significant reorganization of information and to update Procedures section to reflect status of the

individual(s) involved in the complaint/potential complaint. Policy name was also changed.

Approved June 30, 2016 by University President, Timothy D. Sands.

•

Revision 11

▪

Revised section 2.1 to add “sex” to the non-discrimination statement, in accordance with Governor

Northam’s Executive Order Number One.

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Virginia Polytechnic Institute and State University

▪

Revised section 3.1 to have all questions and complaints filed with The Assistant Vice President for

Equity and Accessibility, who can further redirect the filing, if appropriate.

Approved February 12, 2018 by University President, Timothy D. Sands.

•

Revision 12

Revised section 4.2 to include the University Ombuds Office (new office) and Graduate School Office of the

Ombudsperson as confidential resources.

Approved October 8, 2019, by University President, Timothy D. Sands.

•

Revision 13

Revisions throughout document to reflect new Title IX regulations promulgated by the United States

Department of Education, effective August 14, 2020, which also resulted in the creation of a new University

Policy on Title IX Sexual Harassment and Responsible Employee Reporting (No. 1026). Revision effective

August 14, 2020.

Approved August 13, 2020, by the Executive Committee of the Board of Visitors.

•

Revision 14

Revisions throughout document to reflect expansion of “veteran” status to “military” status as defined in

Code of Virginia §2.2-2901.1.

Approved August 31, 2021, by the Virginia Tech Board of Visitors.

•

Revision 15

Revision in Section 2.1 resulting from legislation (SB7/HB18) passed to expand “national origin” to

include “ethnic or national origin” as defined in Code of Virginia §2.2-2901.1, 2.2-3904, and 2.2-3905,

effective July 1, 2024.

Approved July 1, 2024, by University President, Timothy D. Sands.