Equal Opportunity, Nondiscrimination, Anti-Harassment, and Non-Retaliation Policy

Policy Summary

The George Washington University (“GW” or “university”) is an Equal Opportunity employer committed to maintaining a nondiscriminatory, harassment–free, diverse work and educational environment. The university does not unlawfully discriminate on the basis of protected characteristics or on any other basis prohibited by applicable law in any of its programs, activities, or employment practices. This policy states the university’s commitment to upholding and maintaining an environment free from discrimination and harassment (separately defined below) for members of the GW community.

Please note, information on requesting or evaluating a reasonable accommodation or to contest a decision made regarding a reasonable accommodation request can be found in the university’s Disability Policy. Notwithstanding, concerns regarding disability discrimination or harassment are addressed under this policy. 

Related Regulations

This policy affirms the university’s commitment to and compliance with Title IX of the Education Amendments of 1972, Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, the District of Columbia Human Rights Act, the District of Columbia Human Rights Enhancement Amendment Act of 2022 and other applicable laws relating to equal opportunity and nondiscrimination. 

Who is Governed by this Policy 

• This policy applies to all university faculty, postdocs, staff, students, and other individuals and entities including, but not limited to affiliates and visitors (collectively, “GW Community Members”). 

Policy

GW does not unlawfully discriminate against any person on the basis of protected characteristics or any other basis prohibited by federal law, the District of Columbia Human Rights Act, or other applicable laws. This policy covers all programs, services, policies, activities, and procedures of the university, including participation in education programs and employment. 

Protected characteristics covered by this policy are those personal traits, characteristics, and beliefs that are defined by applicable law as protected from unlawful discrimination or harassment. They include age, color, disability, gender, gender identity or expression, genetic information, marital or familial status, national origin (including shared ancestry and ethnic characteristics), pregnancy, race, religion, sex, sexual orientation, veteran status, and other characteristics protected by applicable law. 

Allegations of sexual harassment are covered by the university’s Title IX Sexual Harassment and Related Conduct Policy. Instances of discrimination or other misconduct on the basis of sex not governed by the Title IX Sexual Harassment Policy may be considered under this policy. 

Unlawful discrimination is adverse treatment of an individual based on a protected characteristic, rather than individual merit. Examples of conduct that can constitute unlawful discrimination if based on an individual’s protected characteristic include but are not limited to: 

• Singling out or targeting an individual for different or less favorable treatment (e.g., more severe discipline, denial of promotion) because of their protected characteristic. 
• Failing or refusing to hire an individual because of their protected characteristic. 
• Failing or refusing to allow an individual to participate in an activity, program, or organization based on their protected characteristic (e.g., student/faculty/staff organizations, university groups or associations, university committees, etc.). 
• Terminating an individual from employment or an educational program based on their protected characteristic. 

Discriminatory harassment is any unwelcome conduct based on a protected characteristic where such conduct creates a hostile environment or where enduring such conduct becomes a condition of: continued employment; continued access to an educational program or activity; or an academic or employment decision about an employee or student.

A hostile environment exists when conduct unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from the university’s educational, employment, co-curricular, and/or campus-residential experience. A hostile environment is determined based on the totality of circumstances when viewed through both a subjective and objective standard. This means that an aggrieved party’s subjective perception that certain conduct violates this policy must be objectively reasonable to constitute discriminatory harassment. A hostile environment can be created by persistent or pervasive conduct or by a single or isolated incident, if sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment.  

Discriminatory harassment:

• May be blatant and intentional and involve an overt action, a threat or reprisal, or may be subtle and indirect, with a coercive aspect that is unstated. 
• Does not have to include intent to harm or be directed at a specific target. 
• May be committed by anyone, regardless of gender, age, position, or authority.  
• May occur in any context, although the context often involves a power differential between two persons, which may be due to differences in social, educational, or employment relationships. 
• May occur in the classroom, in the workplace, in residential settings, or in any other context or setting connected to the university or related activities.
• May be committed by or against an individual, organization, or group.
• May occur in digital environments including but not limited to social media, websites, educational platforms, and electronic mail.
• May be a one-time event or may be part of a pattern of behavior.
• May be committed in the presence of others or when the parties are alone.
• May affect not only the person to whom it is directed but also third parties who witness or observe harassment.

The university will make a determination whether a hostile environment exists based on the totality of circumstances. The totality of circumstances may include consideration of conduct that the university has notice of, that occurs within the context of the university’s programs, activities, or employment practices, and conduct that occurs outside and is unrelated to the university’s programs but may be contributing to a hostile environment within the university. 

Nothing in this policy limits freedom of expression or academic freedom, guaranteed by the Statement on Student Rights and Responsibilities and the Faculty Code, which are pre-eminent values of the university. Accordingly, in an academic setting, expression that is reasonably designed or reasonably intended to contribute to academic inquiry, education, or debate on issues of public concern does not violate this policy. This policy shall also be interpreted in a manner consistent with the principles of professional responsibility as set forth in the Faculty Code and related university policies and guidelines. 

Reporting Allegations of Discrimination and/or Harassment

Individuals who believe they have been discriminated against or harassed based on a protected characteristic(s) covered by this policy may submit reports via a centralized Discrimination and Harassment Reporting Form. In the absence of a discrimination complaint, the university will proceed as appropriate pursuant to this policy to investigate and resolve incidents of which it has actual or constructive notice of potential discrimination or harassment occurring.  

Aligned with the Code of Ethical Conduct, GW Community Members who become aware of a situation involving discrimination or harassment are responsible for promptly reporting the matter via the centralized Discrimination and Harassment Reporting Form. Reporting allows the institution to offer timely support, promptly address incidents, prevent their recurrence and remedy their effects, and conduct/remediate incident-specific and pervasive hostile environment assessments. Additionally, reports that are made to a university faculty or staff member in an academic or administrative unit that is not responsible for managing the centralized reporting form for collecting allegations of discrimination or harassment must promptly refer those reports to the centralized Discrimination and Harassment Reporting Form.

Reporting Allegations of Title IX Sexual Harassment and Related Conduct

Individuals who believe they have been discriminated against or harassed based on conduct prohibited by the university’s Title IX Sexual Harassment and Related Conduct Policy are encouraged to make reports directly to the university’s Title IX Office.  

External Reporting Options

Inquiries and reports may also be directed to the U.S. Department of Education Office for Civil Rights, the U.S. Equal Employment Opportunity Commission, or the applicable state or local agency (for example, the District of Columbia Office of Human Rights).

Procedures for Evaluating Reports of Discrimination and/or Harassment 

The university has established procedures for consistently reviewing reports of discrimination and/or harassment. These procedures will be used in receiving, investigating, and resolving reports of discrimination and discriminatory harassment.

Further, the university is committed to the equitable application of this policy and its related procedures in a manner that does not discriminate based on protected characteristic(s) of those who have reportedly engaged in conduct prohibited by this policy. In addition, university officials will apply this policy in a nondiscriminatory manner in making determinations under this policy, including but not limited to university conduct proceedings and/or arrests in response to violations of city ordinances and/or state or local law.

Enforcement

Retaliation against a person who reports an allegation of discrimination or harassment or who provides information or participates in a complaint process related to this policy is prohibited by law. Allegations of retaliation will be investigated and may result in disciplinary action, up to and including suspension or expulsion (students/student organizations) or termination (employees). Retaliation is materially adverse action, such as disciplinary action, violence, threats, or intimidation, intended to punish or discourage an individual or group of individuals from engaging in protected activity. Protected activity includes making a good-faith report under this policy; filing an external complaint for issues arising under this policy; participating in proceedings related to this policy; or opposing in a reasonable manner and consistent with university policy an action reasonably believed to constitute a violation of this policy. More information can be found in the university’s Non-Retaliation Policy. 

Procedures 

Discrimination and Harassment Complaint Procedures 

Related Information

Contacts

Contact	Phone Number	Email Address
Office of Access and Opportunity	202-994-7297	inclusiongwu [dot] edu
Conflict Education & Student Accountability	202-994-6757	cesagwu [dot] edu
Equal Employment Opportunity and Access	202-994-9656	eeogwu [dot] edu