Policies and Procedures
DHR Policy Rights and Resources GuideA different treatment with respect to an individual’s employment or participation in an education program or activity, based in whole or in part, upon the individual’s actual or perceived protected characteristic. Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed.
- Disparate treatment discrimination - Intentional differential treatment of a person or persons that is based on an actual or perceived protected characteristic.
- Disparate impact discrimination - When policies or practices that appear to be neutral, unintentionally result in a disproportionate impact on a protected group.
Title IX covered sexual harassment
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
Unwelcome conduct, determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity.
- Sex offenses, forcible - Any sexual act directed against another person without the consent of the complainant, including instances in which that complainant is incapable of giving consent.
- Forcible rape - Penetration, no matter how light, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the complainant
- Forcible sodomy - Oral or anal sexual intercourse with another person, forcibly, and/or against that person’s will (non-consensually,) or not forcibly or against the person’s will in instances in which the complainant is capable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
- Sexual assault with an object - The use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly, and/or against that person’s will (non-consensually) or not forcibly or against the person’s will in instances in which the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
- Forcible fondling - The touching of the private body parts of another person (buttocks, groin, breasts), for the purpose of sexual gratification, forcibly, and/or against that person’s will (non-consensually) or not forcibly or against the person’s will in instances in which the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
Sex offenses, non-forcible
- Incest - Non-forcible sexual intercourse, between persons who are related to each other, within the degrees wherein marriage is prohibited by Connecticut law.
- Statutory rape - Non-forcible sexual intercourse, with a person who is under the statutory age of consent of 16.
Violence, on the basis of sex, committed by a person who is in or has been in a social relationship of a romantic or intimate nature with the complainant. Examples include but are not limited to:
- Sexual abuse
- Physical abuse
- The threat of such abuse
Violence, on the basis of sex, committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, or by a person who is cohabitating with, or has cohabitated with, the complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the state of Connecticut, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of the state of Connecticut.
Engaging in a course of conduct, on the basis of sex, directed at the complainant, that would cause a reasonable person to fear for the person’s safety, or the safety of others; or suffer substantial emotional distress.
Cyberstalking refers to the use of the internet, e-mail, or other electronic communications devices to stalk another person.
Sexual harassment other than Title IX covered conduct
The standard for evaluating an alleged violation of sexual harassment when the conduct falls outside of Title IX covered sexual harassment will be as follows:
Harassment by a person who has power or authority over another, explicitly or implicitly request to submit to sexual conduct, iii. submission to such conduct is made a term of condition of a person’s academic standing or employment or receiving any other benefit or privilege to which the person is entitled.
Unwelcome conduct, determined by a reasonable person, to be so severe, or pervasive, and, objectively offensive, that it effectively denies a person equal access to the University’s education program or activity.
An individual taking non-consensual or abusive sexual advantage of another, that does not constitute sex-based harassment as defined above for their own benefit or for the benefit of anyone other than the person being exploited.
- Sexual voyeurism
- Invasion of sexual privacy
- Taking pictures, videos, or audio recording of another in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity.
- Prostituting another person
- Engaging in sex trafficking
Extreme verbal, emotional, or psychological abuse or other conduct which threatens or endangers the health or safety of any person.
Actions that deprive, limit, or deny other members of the community of educational or employment access, benefits, or opportunities.
Implied threats or acts that cause an unreasonable fear of harm in another.
Acts likely to cause physical or psychological harm or social ostracism to any person within the University community, when related to admission, initiation, pledging, joining, or any other group affiliation activity.
Repeated and/or severe aggressive behavior that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish the complainant, that is not speech or conduct that is otherwise protected by the First Amendment.
Occurs when a person is subjected to an adverse employment or educational action because they have made a complaint under the Discrimination, Harassment, and Retaliation Policy or assisted or participated in any manner in an investigation. No institution or person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report of complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding or hearing related to a report or complaint related to discrimination.
Informal resolution options
At Goodwin University, we recognize that not every situation requires or benefits from a formal investigation process. To offer flexibility and support to those involved, we provide several informal resolution options. These alternatives are voluntary and designed to help resolve conflicts in a manner that is mutually agreeable, while still ensuring that the rights and well-being of all parties are respected.
The parties, together or individually, participate in educational conversations with someone from the University’s Office of Civil Rights Compliance about the incident, alleged harm, and how to prevent further incidents.
Mediation is a voluntary process where a neutral third party, known as a mediator, facilitates a conversation between the parties involved. The goal of mediation is to help both parties communicate their perspectives, identify their needs, and work together to reach a mutually satisfactory agreement. Mediation is most effective in situations where both parties are open to dialogue and willing to find a resolution that works for everyone.
Shuttle mediation is similar to traditional mediation but is used when the parties involved prefer not to meet face-to-face. In this process, the mediator communicates with each party separately, conveying messages, proposals, and responses back and forth between them. Shuttle mediation can be particularly helpful in situations where there is a significant power imbalance or when direct interaction might cause additional distress.
Restorative justice is an approach focused on healing and repairing harm rather than assigning blame or punishment. This process brings together the affected parties in a facilitated discussion that allows the person who caused harm to understand the impact of their actions and take responsibility. The goal is to agree on steps that can be taken to repair the harm and rebuild trust. Restorative justice is often used when both parties are interested in a process that emphasizes accountability, empathy, and healing.