Adverse treatment based on an individual’s actual or perceived membership in a category protected by UVM’s Equal Opportunity policies that is sufficiently serious to unreasonably interfere with or limit an individual’s opportunity to participate in or benefit from a university program or activity, or that otherwise adversely affects a term or condition of the individual’s employment or education.  Discrimination is prohibited by UVM policy and several options for resolution are available through The Office of Equal Opportunity (EO). A full definition is available in the university’s Discrimination, Harassment, and Sexual Misconduct Policy.

A form of discrimination (defined above) that encompasses an incident(s) of verbal, written, visual, or physical communications and/or conduct based on or motivated by an individual’s actual or perceived membership in a legally protected category that is sufficiently severe, pervasive and/or persistent that it has the effect of unreasonably interfering with that individual’s work or academic performance, or that creates a hostile working, educational or living environment. Discriminatory harassment may include the use of epithets, stereotypes, slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display or circulation of written or visual material, taunts, and negative references related to any of these protected categories. Discriminatory harassment is prohibited by UVM policy and several options for resolution, including disciplinary action, are available through EO. Quid pro quo ("this for that") is a form of discriminatory harassment where an employee or student's submission to or rejection of unwelcome treatment based on a protected category is made, either explicitly or implicitly, a term or condition of their employment, academic standing, or participation in any University programs or activities, or is used as the basis for university decisions affecting the individual. A full definition is available in the university’s Discrimination, Harassment, and Sexual Misconduct Policy.

A Hate Crime is a criminal offense against persons or property that is motivated by the victim’s actual or perceived membership in a protected category. Hate crimes are defined by Vermont law at 13 V.S.A. § 1455. Please report to UVM Police at 1-802-656-3473 or 911 as a first step. EO is also available as a resource, at 802-656-3368 or EqualOpportunity@uvm.edu.  

Verbal or nonverbal conduct that communicates hostile, derogatory, or negative messages to target persons and is based on their actual or perceived membership in a category protected by UVM’s Equal Opportunity policies but where available information does not support initiation of an EO resolution process. Bias concerns may be intentional or unintentional. Regardless of intention, however, expressions of this kind can have harmful impacts on individuals and on the broader living and learning community. When this occurs, UVM seeks to offer support for members of our community in the spirit of Respect, Integrity, and Justice as articulated in Our Common Ground.

Examples of Discrimination or Harassment in a University Setting

These examples are for illustrative purposes only and should not be interpreted in a manner inconsistent with UVM policy.

• Discrimination and discriminatory harassment can include inappropriate physical contact, comments, questions, advances, jokes, epithets, or demands based on one or more protected or perceived protected characteristics. For example, an individual tells jokes or uses derogatory language targeted at an individual of a specific national origin, and continues to do so after intervention. The conduct continues and includes a series of derogatory and intimidating comments regarding national origin, leaving targeted individuals distressed and unable to effectively participate in their education or employment. This conduct would likely constitute harassment based on national origin.
   
• An employee refuses to grant a student an expected benefit (e.g., a letter of recommendation) based on a perception that the student is a member of a certain country, or because the student wears religious attire such as a kippah, Star of David, turban, or hijab or burka. This conduct would likely constitute discrimination.
   
• Targeting individuals with disabilities (or any other protected identity) by using insulting, teasing, mocking, degrading, or ridiculing language that targets the protected identity and is sufficient to create a hostile environment.
   
• Defacing an individual’s property with hateful symbols and creating a hostile learning or work environment.
   
• A single serious and intimidating event may constitute a discriminatory harassment policy violation. For example, an incident of unwanted touching of an intimate body area, a physical attack, or severe humiliation can constitute discriminatory harassment in some contexts. Denying an individual a benefit or harassing them based on their sexual orientation or gender identity would also violate UVM Policy.
   
• Discrimination based on the country, world region, or place where a person or their ancestors come from or are perceived to come from, or due to a person’s English proficiency. Prohibited conduct includes discrimination directed to religious and ethnic individuals and groups, including Muslim, Jewish, Hindu, Sikh, Arab, Asian, Hispanic, or Latino students. For example, antisemitism, is a certain perception of the Jewish community that may be expressed as hatred toward Jewish individuals or groups, including harmful conduct directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions, or toward religious facilities. Similarly, discrimination based on shared ancestry or ethnic characteristics can include anti-Arab discrimination, anti-Asian discrimination, and similar forms of discriminatory conduct.
   
• Refusing to provide reasonable accommodations to an employee or student, resulting in harm. Equal Opportunity and Accessibility Services staff can assist with any accommodation-related concerns.
   
• Physical assault, intimidation, or stalking on the basis of one or more protected or perceived protected characteristics; or
   
• Displays or electronic transmission of derogatory, demeaning, or hostile materials related to one or more protected or perceived protected characteristics. 
   
• Retaliating against a reporter or individual who participates in the investigation process is prohibited by UVM Policy.  For example, conduct of an intimidating or threatening nature that discourages reporting or participation is prohibited.   

Please be aware that staff with the Office of Equal Opportunity are available to meet with any community members with concerns about discrimination, harassment, bias, and sexual misconduct.   Community members can complete our online form, visit the office at 428 Waterman, call 802-656-3368, or email Equal.Opportunity@uvm.edu   

The impact of bias within the UVM community undermines efforts toward equity and inclusivity and causes distress and harm to those who experience it.  The purpose of the University of Vermont Bias Education and Resource Team (BERT) is to monitor trends in reporting and to respond to the collective impact of bias concerns on campus. BERT also identifies supportive and educational interventions for circumstances that fall outside a clear policy violation.

The expression and discussion of controversial and differing views is encouraged as part of the educational experience. At times, those expressions may include hurtful or offensive language that negatively impacts individuals and the campus community, but is nevertheless protected by the First Amendment. UVM will not stifle or discipline these expressions, but will provide space for those impacted to be heard and to receive supportive resources tailored to the situation. UVM encourages students, faculty, and staff to share their experience when they have been impacted by bias.

Discrimination, Harassment, and Bias Report Form

Step 1: EO Referral to Campus Resources

In the case of reports that Equal Opportunity determines do not meet the criteria for an EO resolution process, the community member(s) who reported an incident will receive communication from EO regarding this determination.

Step 2: Facilitated Support to Impacted Persons

An Equal Opportunity Support Coordinator will offer individualized conversation to those impacted. Together, the individual and Support Coordinator can consider the impact of the bias concern, and what additional supports may be helpful to them.

• For students, support for incidents that involve bias but do not violate UVM policy may include, but is not limited to, academic flexibility through the student’s academic dean’s office; rapid referral to CAPS; connection to UVM Police for safety planning; connection to identity centers and/or others who may provide personal support.
• For faculty/staff, support for incidents that involve bias but do not violate UVM policy could also include connection to HR to address personnel concerns (e.g., unprofessional workplace conduct), the Employee Assistance Program, Office of the Provost-Division of Faculty Affairs, College or Department, unit diversity officers and others who can help provide support and flexibility.

If deemed appropriate, the Support Coordinator may request that an appropriate UVM staff member conduct outreach to relevant individuals reported to have contributed to a bias concern.  The purpose of the check-in is to make the individual aware of the impact felt by others, gauge how that person is feeling and how the incident has affected them. This outreach is not to be construed as discipline or an attempt to stifle expression but a genuine offer to reflect on what has occurred. This check-in can also create an opportunity to identify resources on and off campus to deepen knowledge, awareness and understanding, as well as facilitate support. Examples of educational resources may include connections to identity centers; area organizations and agencies; and connection to certified restorative practices practitioners. Engagement in this process is purely voluntary.

Step 3: Community Assessment and Interventions

BERT will convene monthly to review the totality of concerns reported and ensure thorough record keeping of its work. By reviewing concerns in the aggregate, BERT will be able to identify trends and assess community needs. The goal of this review is to inform campus climate programming, support the development of inclusive excellence action plans that are responsive to identified needs, and other initiatives sponsored by VPDEI and VPSA. The BERT may also consider whether an identified concern should be elevated by its Co-Chairs to university leadership for consideration of timely campus messaging or other action.

The BERT will engage with relevant stakeholders twice annually to provide an overview of its work, including trends in reporting, areas of success, and identified needs, as well as seek collaboration on programming and initiatives.

• Erica Caloiero, Vice Provost for Student Affairs (Chair)
• Amer Ahmed, Vice Provost for Inclusive Excellence (member)
• Priyantha Wijesinghe, CEMS Director of Curricular Enrichment and Senior Lecturer (member)
• Ava Spiegel, Support Coordinator, Office of Equal Opportunity (member)
• Nick Stanton, Director of Equal Opportunity (member)
• Others as invited by co-chairs