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Office of Equity Compliance and Reporting Email 401-863-1800

Nondiscrimination and Anti-Harassment Policy

Policy No. Issue Date Effective Date
01.45.03

1.0 Policy Purpose

The purpose of this policy is to affirm Brown University’s (“the University”) commitment to creating an environment that is free of Discrimination and Harassment based on a person’s membership in a Protected Class and to ensure compliance with applicable federal and state laws that prohibit such conduct.

2.0 To Whom the Policy Applies

This policy applies broadly to the University community including all faculty, staff, students, student organizations or groups, and other Covered Persons (as defined in Section 4.0).

This policy also applies to acts committed by or against any of the aforementioned individuals when the conduct occurs under the following conditions:

  • On Brown University premises;
  • In the context of Brown University employment, education, or research program or activity, including but not limited to Brown University-sponsored study abroad, work-related or academic meeting, research, internship, mentorship, summer session, or other affiliated programs or premises; or
  • Outside the context of Brown University employment or a Brown University education, research program or activity, but has an adverse effect on any Brown University employment, education, or research program or activity.

Allegations of sexual misconduct are governed by the University’s Title IX Policy.

Requests for reasonable accommodations related to disability are governed by the University’s Employment Accommodations for Persons with Disabilities Policy for employees or the Student Accessibility Services Student Handbook for students.

3.0 Policy Statement

Brown University’s mission is “to serve the community, the nation, and the world by discovering, communicating, and preserving knowledge and understanding in a spirit of free inquiry, and by educating and preparing students to discharge the offices of life with usefulness and reputation.” This mission compels the University to create and maintain a diverse and inclusive environment that is free of any form of Discrimination or Harassment that is based upon a person’s actual or perceived race, color, religion, sex, age, national or ethnic origin – including shared ancestry or ethnic characteristics or citizenship or residency in a country with a dominant religion or distinct religious identity – disability, veteran status, sexual orientation, gender identity, gender expression, or any other characteristic protected under applicable law, and caste, which is protected under The Corporation of Brown University’s Policy Statement on Equal Opportunity, Nondiscrimination and Affirmative Action. The University prohibits Discrimination, Harassment,  and Retaliation against individuals who report Discrimination or Harassment or participate in related proceedings. 

3.1 Academic Freedom

This policy is not intended to inhibit or restrict free expression or exchange of ideas. The University’s commitment to academic freedom can be found in full in the Faculty Rules & Regulations, Part 5, Section 12.I.C. 

Speech or expression protected by the University’s statement on academic freedom and freedom of expression are not subject to discipline under this policy, unless they rise to the level of Harassment or Discrimination.

3.2 Education

Educational efforts are essential to the establishment of a campus environment that is free of Discrimination and Harassment. There are at least four goals to be achieved through education: 

  1. Educating individuals about the conduct that is prohibited;
  2. Educating faculty, staff, students and other Covered Persons on their rights;
  3. Informing administrators about the appropriate way to address complaints of violations of this policy; and
  4. Helping educate the faculty, staff and students about the issues addressed by this policy. 

Educational and Training Modules for faculty, staff, students and other Covered Persons will be available through the Office of Diversity and Inclusion, University Human Resources, and the Division of Campus Life.

3.3 University Programs

The University prohibits any programs that violate federal, state, or other applicable nondiscrimination laws, based on binding legal authority interpreting and applying those laws to the University’s functions as an educational institution and employer.

  • Admissions: In compliance with the Supreme Court’s 2023 decision in Students for Fair Admission v. President and Fellows of Harvard College and Students for Fair Admission v. University of North Carolina, the University’s admissions decisions do not consider applicants’ racial or ethnic status, or any other status or characteristic protected by federal, state, or other applicable nondiscrimination laws or University policy.
  • Employment: The University’s employment decisions, including but not limited to hiring, promotion, compensation, discipline, and termination, are made without regard to any status or characteristic protected by federal, state, or other applicable nondiscrimination laws or University policy.
  • Financial aid and scholarships: The University determines each admitted student’s eligibility for financial aid and awards such financial aid without regard to any status or characteristic protected by federal, state, or other applicable nondiscrimination laws or University policy.
  • Fellowships, prizes, and awards: The University confers all fellowships, prizes, and awards without regard to any status or characteristic protected by federal, state, or other applicable nondiscrimination laws or University policy.
  • Diversity and inclusion programs: In furtherance of the University’s mission, and through a diversity of perspectives, ideas, and experiences that overcomes stereotypes and drives academic excellence, the University ensures an environment free of unlawful discrimination and harassment, in which all community members can participate fully in the life of the University.  The University operates all diversity and inclusion programs in compliance with federal, state, and other applicable nondiscrimination laws and University policy.
  • Affinity, belonging, and resource groups and networks: The University allows students, employees, and alumni to form University-recognized affinity, belonging, and resource groups and networks, provided that such groups and networks are open to all and are advertised as such, and provided that the selection of leadership for such groups and networks does not take into consideration any status or characteristic protected by federal, state, or other applicable nondiscrimination laws or University policy.
  • Discipline: The University disciplines students and employees in compliance with federal, state, and other applicable nondiscrimination laws and University policy, and without regard to any status or characteristic protected by federal, state, or other applicable nondiscrimination laws or University policy.
  • Campus life: The University’s program houses, identity centers, senior celebrations, student organizations and events, and all other aspects of campus life are open to all and advertised as such, with only those exceptions permitted or required under Title IX of the Education Amendments of 1972 or other applicable federal or state law.
  • University programming: The University sponsors academic programming on the current and historical significance of diverse cultures, heritages, and regions of the world that are open to all and that do not select speakers or participants based on any status or characteristic protected by federal, state, or other applicable nondiscrimination laws or University policy.

3.4 Reports

Reports of Discrimination, Harassment, or Retaliation can be made using this incident reporting form, by emailing equity_reporting@brown.edu, visiting the Office of Equity Compliance and Reporting at 20 Benevolent Street, or by calling 401-863-1800. 

Individuals seeking further guidance on filing a Discrimination or Harassment Complaint should refer to the Discrimination and Harassment Complaint Resolution Standard Operating Procedures.

Additionally, Brown’s Anonymous Reporting Hotline allows anonymous and confidential reporting on matters of concern online or by phone (877-318-9184).

4.0 Definitions

For the purpose of this policy, the terms below have the following definitions:

Complaint:

An indication in writing or otherwise to the Office of Equity Compliance and Reporting that a Complainant wishes to initiate a complaint resolution process. 

Complainant:

An individual and/or student organizations or groups who bring forward a Complaint of an alleged violation of this policy. In certain instances, the University will move forward with a Complaint regardless of the Complainant’s expressed intent. When organizations are Complainants, the individuals who registered the organization with the University serve as the organizational representatives.'

Confidentiality:

Confidentiality means that designated campus or community professionals are prohibited from revealing identifiable information shared by an individual to any other person without express permission of the individual, or as otherwise permitted or required by law. Those campus professionals who maintain information confidentially are:

  • Health care providers in Brown University Health Services including EMTs,
  • Clinicians in Counseling and Psychological Services (CAPS),
  • SHARE (Sexual Harm Acute Response & Empowerment)Advocate(s) in BWell Health Promotion,
  • Ordained clergy who have privileged Confidentiality that is recognized by Rhode Island state law. 

In addition, the Faculty/Staff Assistance Program is a confidential resource available to employees. 

These individuals are prohibited from breaking Confidentiality unless (i.) given permission to do so by the person who disclosed the information; (ii.) there is an imminent threat of harm to self or others; (iii.) the conduct involves suspected abuse of a minor under the age of 18; or (iv.) as otherwise required or permitted by law or court order. 

These individuals are not required to forward reports of Prohibited Conduct to the Office of Equity Compliance and Reporting. Making a report to these individuals does not initiate a complaint resolution process unless the Complainant makes a separate Complaint to the Office of Equity Compliance and Reporting. 

Confidentiality requirements set forth here are subject to University policy and any state and federal confidentiality obligations, including but not limited to the Family Educational Rights and Privacy Act (FERPA).

Covered Persons:
  • Applicants: Individuals who have expressed an interest in applying or have submitted an application for employment or enrollment as a student.
  • Employees: Individuals employed by Brown University, including faculty, affiliates, visiting faculty, postdoctoral research associates, and all staff (including all exempt and non-exempt, bargaining unit, and senior administrative positions), as well as those physicians and health scientists who are not employed by Brown University but have Brown University faculty, affiliate, postdoctoral, or house staff appointments for the purpose of teaching and/or research in the Division of Biology and Medicine.
  • Students: Individuals enrolled in the College, the Graduate School, the Warren Alpert Medical School, the School of Public Health, the School of Engineering, and/or the School of Professional Studies.
  • Invitees: Visitors or guests of Brown University.
  • Contractors: Contractors are defined as independent contractors, vendors, or other third parties contractually obligated to perform services for Brown University.
  • Organizations: Student organizations or groups. 
Discrimination:

Discrimination means unequal treatment of someone because of their Protected Class category. Discrimination is a violation of this policy when it results in an adverse action or negatively impacts the terms and conditions of an individual’s employment, education, or denies or limits participation in programs, services, or activities.  

False Complaint:

Knowingly and deliberately filing a False Complaint is a violation of this policy. An individual who is determined to have engaged in such conduct is subject to discipline up to and including termination of employment or expulsion from enrollment. Discipline administered for filing a False Complaint does not constitute Retaliation under this policy.

Harassment:

Harassment under this policy is unwelcome conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity. Harassing acts need not be targeted at the Complainant to create a hostile environment.    Conduct may be directed at anyone, and may be based on an individual’s association with others who are a member of a Protected Class. 

Party:

A Complainant or Respondent.

Privacy:

Privacy means that information related to a report or Complaint alleging Prohibited Conduct will be treated with the utmost discretion and will be shared only with a limited circle of individuals who “need to know” in order to assist in the review, investigation, and resolution of the matter, and/or other disclosures necessary to fulfill University operations or as otherwise required by law. The Office of Equity Compliance and Reporting is a private office. 

Reports, Complaints, and any information gathered under this policy are subject to confidentiality requirements set forth in University policy and any state and federal confidentiality obligations, including but not limited to the Family Educational Rights and Privacy Act (FERPA).

 

Prohibited Conduct:

Discrimination or Harassment on the basis of the Protected Classes described in this policy; failure of a Mandatory Reporter to make a report; filing a False Complaint; and/or engaging in Retaliation. 

Protected Class:

Individuals belonging to these classes include those with identities that are protected from Discrimination and/or Harassment under applicable laws and University policy. Such Protected Classes are actual or perceived race, color, religion, sex, national or ethnic origin, including shared ancestry or ethnic characteristics or citizenship or residency in a country with a dominant religion or distinct religious identity (including, but not limited to, individuals who are or are perceived to be Jewish, Muslim, Sikh, Hindu, Christian, Buddhist, Israeli, Arab, or Palestinian, or who come from or are perceived to come from other regions of the world or are members of another religious group), age, disability, veteran status, sexual orientation, gender identity, gender expression, caste, or any other characteristic protected under applicable law or University policy. 

Reporting Party:

A Reporting Party is either the Complainant or a third party who has reported a potential violation of this policy. 

Respondent:

An individual, individuals, and/or student organizations or groups alleged to have violated the Policy is a Respondent. When organizations are Respondents, the individuals who registered the organization with the University serve as the organizational representatives.

Retaliation:

Retaliation is any action, statement, or behavior meant as reprisal or retribution against an individual in response to the individual’s good-faith report or their participation in a proceeding related to this policy. Any retaliatory action taken directly or indirectly by any member of the University community against a person who has made a report, filed a Complaint, or participated in an investigation is prohibited regardless of the outcome of the report, Complaint, or investigation. 

5.0 Responsibilities

All individuals to whom this policy applies are responsible for becoming familiar with and following this policy and the Discrimination and Harassment Complaint Resolution Standard Operating Procedures. University supervisors and employees with student oversight duties are responsible for promoting the understanding of this policy and for taking appropriate steps to help ensure and enforce compliance with it.

Supervisors are required to report promptly to the contact listed in Section 8.3 all instances or allegations of prohibited conduct that are disclosed to, observed by, or otherwise known to them.

Duty to Report: The following employees are Mandatory Reporters and have a duty to promptly report incidents or reports of Prohibited Conduct to the Office of Equity Compliance and Reporting:

  • All employees designated as managers or supervisors in a management position.
  • Vice Presidents
  • Deans
  • Department Chairs
  • Staff working in the Division of Campus Life, University Human Resources, and the Office of Diversity and Inclusion. 

Failure to make such a report may result in discipline up to and including termination or removal from the position of authority.

All other members of the campus community are encouraged to report instances of Prohibited Conduct that they in good faith believe may have occurred to the Office of Equity Compliance and Reporting.

Duty to Cooperate: All Parties are encouraged to participate fully; however, Complainants and Respondents may choose their level of participating in a process described in this policy or the accompanying Discrimination and Harassment Complaint Resolution Standard Operating Procedure.  Non-participation by either Party does not prevent the process from moving forward. A Respondent’s failure to cooperate, participate, or offer a written or verbal statement in a proceeding may result in an outcome being reached based solely on the available information provided by others and/or gathered through the fact-finding process. 

Employees (not including Complainant and Respondent) and others authorized by the University to provide aid, benefits, or services as part of the University’s education program or activity, are required to cooperate with and participate in the University’s investigation and complaint resolution process, including by attending all scheduled meetings and proceedings and, upon request, participating as a witness. Failure to cooperate for an interview, refusal  to provide relevant information and documentation as requested or actively choosing not to participate in any other component of the process as requested is considered a breach of responsibility and may result in formal discipline, up to and including termination of employment, suspension of enrollment, or association with the University. 

6.0 Consequences for Violating this Policy

Failure to comply with this and related policies is subject to disciplinary action, up to and including suspension without pay, expulsion, or termination of employment or association with the University, in accordance with applicable (e.g., staff, faculty, student) disciplinary procedures. 

7.0 Related Information

The following information complements and supplements this document. The information is intended to help explain this policy and is not an all-inclusive list of policies, procedures, laws and requirements.

7.1 Related Policies:

7.2 Related Procedures:

7.3 Related Forms:

7.4 Frequently Asked Questions (FAQs): N/A

7.5 Other Related Information:

Policy Owner and Contact(s)

Policy Owner: Vice President for Campus Life and Student Services

Policy Approved by: Vice President for Campus Life and Student Services

Contact Information:

Office of Equity Compliance and Reporting Email 401-863-1800

Policy History

Policy Issue Date:

Policy Effective Date:

Policy Update/Review Summary:

Previous policy version(s) superseded by this policy: 

  • Nondiscrimination and Anti-Harassment Policy, Effective Date: November 29, 2023
  • Nondiscrimination and Anti-Harassment Policy, Effective Date: November 9, 2021
  • Brown University Discrimination and Harassment Policy (OIED), Date: September 2, 2016
  • Discrimination and Workplace Harassment 20.072 (UHR), Revision Date: March 12, 2019

 

Webpage Updated on April 6, 2025