University Policies

Any differential treatment of a person compared to others in similar circumstances, that denies or limits a person’s equal access to University programs or activities or adversely affects a person’s employment or education at the University, based in whole or in part on actual or perceived protected characteristics.

Unwelcome conduct based on an individual’s actual or perceived protected characteristics that is so severe, pervasive, or persistent that a reasonable person would find it limits or interferes with the individual’s access to University programs or activities, or adversely affects the conditions of the individual’s University employment. Discriminatory harassment, as defined by this order, does not include conduct that falls under this order’s definition of sexual harassment.

Sexual harassment under this order includes both conduct that constitutes sexual harassment under federal Title IX regulations and other forms of sex-based conduct that violate University standards, whether or not they fall within the jurisdictional scope of Title IX. All such conduct is prohibited and may result in University action.

Title IX hostile-environment sexual harassment

Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a University program or activity.

Other sexual harassment

Unwelcome conduct on the basis of sex that does not meet the Title IX definition above and is objectively offensive and so severe or pervasive that it unreasonably interferes with, limits, or effectively denies a person’s ability to participate in or benefit from a University program or activity, or otherwise adversely affects the terms and conditions of a person’s University employment.

Quid pro quo sexual harassment

When an employee of the University, or other person with actual or apparent authority to provide an aid, benefit, or service of the University, conditions the provision of a University aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

The penetration, no matter how slight, of a person’s genitals or anus with any body part or object without the person’s consent, or mouth-to-genital, genital-to-genital, hand-to-genital, mouth-to-anus, or hand-to-anus contact between two people without the consent of one of the individuals;  or causing another person to touch the person’s own or another’s body in the manners described above without the person’s consent.

The intentional sexual touching of the buttocks, breasts, or clothed genitals of an individual without the individual’s consent; or mouth-to-mouth contact between two people without the consent of one of the individuals ; or causing another person to touch the person’s own or another’s body in the manners described above without the person’s consent. Contact is considered “sexual” unless:

• The contact can be proven to be inadvertent.
• The conduct is both minimal and unlikely to have sexual motivation or purpose, as shown by the context of the act.

Any nonconsensual or abusive conduct that takes sexual advantage of another person for the purposes of sexual arousal or gratification, financial gain, or other personal benefit. Examples of sexual exploitation include:

• Transmitting, distributing, publishing, or threatening to transmit, distribute, or publish photos, video, or other recordings images, or generated images of a private and sexual nature, including consensual sexual activity, without the consent of the subject(s);
• Taking, making, sharing, or directly transmitting photographs, films, digital images , or generated images of the private body parts of another person without that person’s consent;
• Prostituting another person; or
• Surreptitiously watching or knowingly allowing another to surreptitiously watch otherwise consensual sexual activity.

Engaging in a course of conduct directed at a specific individual that would cause a reasonable individual to fear for the individual’s own safety or the safety of others, or to suffer substantial emotional distress. Stalking includes acts engaged in through electronic media, the internet, social networks, blogs, cell phones, or text messages. For the purposes of this section:

• “Course of conduct” means two or more acts including but not limited to acts in which the respondent directly, indirectly, or through another person or people, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
• For the purposes of this section, “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

The intentional exposure of a person’s own genitals when done in a place or manner in which such exposure is likely to cause affront or alarm.

Physical or sexual violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom a complainant shares a child in common, by a person cohabitating or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic violence laws of Washington, or by any other person against a complainant who is protected from that person’s acts under the domestic or family violence laws of Washington.

Physical or sexual violence, or the threat of such violence, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship will be determined based on the length and type of relationship as well as the frequency of interaction between the individuals involved in the relationship. Dating violence can also include emotional abuse, including behaviors that are intended to intimidate or isolate someone.

Conduct that intimidates, threatens, coerces, harasses, or treats differently any individual for the purpose of interfering with any right or privilege secured by this order or because the person has requested an accommodation or made a report or complaint, testified, assisted, served as a witness, or participated or refused to participate in any manner in an investigation, proceeding, hearing, or related resolution process under this order and associated procedures. Nothing in this definition precludes the University from requiring University personnel to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing pursuant to this order.

In addition to EO 81, the following policies also apply in cases involving protected class discrimination, harassment, and sexual misconduct:

Student Conduct Code: Chapter 478-121 WAC

• Applies to students only.
• Refer to Parts II and VII for prohibited conduct.

Student Governance Policies, Chapter 210: Student Conduct Policy for Discriminatory and Sexual Harassment, Intimate Partner Violence, Sexual Misconduct, Stalking, and Retaliation

• Applies to students only.
• Includes information to assist students in understanding their rights and responsibilities.

Faculty Code and Governance: Chapter 25 and 28

• Faculty Code and Governance, Chapter 25: Tenure of the Faculty
• Faculty Code and Governance, Chapter 28: Adjudicative Proceedings for the Resolution of Differences

EO 81 reiterates the University’s commitment to free speech and academic freedom, consistent with:

• UW Freedom of Expression and Community Standards
• Faculty Code and Governance, Chapter 24, Section 24-33: A Statement of Principle: Academic Freedom and Responsibility

Administrative Policy Statement 46.8: Domestic Violence in the Workplace and Reasonable Accommodations and Leave Related to Domestic Violence, Sexual Assault, or Stalking

• Applies to employees only.
• Prohibits domestic violence in the workplace.
• Outlines reasonable accommodation and leave available to employees impacted by domestic violence, sexual assault, or stalking.

Executive Order 54: Employee-Student Romantic Relationships and Conflicts of Interest

• Prohibits employees from engaging in a romantic relationship with a student or exercising authority over a student when the relationship creates a conflict of interest or could be perceived to do so.

• APS 46.4: Statements to Ensure Equal Opportunity and Reasonable Accommodation
• APS 46.6: Service Animals
• APS 56.6: Alterations to UW Seattle Campus Buildings and Grounds
• Chapter 478-116 WAC: Parking and Traffic Rules of the University of Washington, Seattle

Accommodations:

• SGP 208: Reasonable Accommodation of Students with Disabilities
• APS 46.5: Reasonable Accommodation of Employees With Disabilities
• APS 46.7: Reasonable Accommodation of Employee Pregnancy and Related Conditions
• Family Educational Rights and Privacy Act (FERPA)

Procurement and Accessibility:

• APS 2.3: Information Technology, Telecommunications and Networking Projects and Acquisitions