Retaliation
means an adverse (negative) action taken against a person for making a good faith report of Prohibited Conduct, being alleged to have committed Prohibited Conduct, participating, or refusing to participate, in any proceeding under this Policy.
- Retaliation may include intimidation, threats, coercion, harassment, or discrimination (including charging a Respondent under a different university policy instead of this Policy for the purpose of interfering with any right or privileged secured by Title IX or its implementing regulations).
- Retaliation may also include adverse employment or educational actions that would discourage a Reasonable Person from engaging in a Protected Activity protected under this Policy.
A finding of retaliation under this Policy is not dependent on a finding that the underlying sexual misconduct occurred. Retaliation is also prohibited by the university’s Policy Against Retaliation.
Supportive Measures and other actions taken in accordance with this or other university policies generally do not constitute Retaliation. Similarly, charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this Policy does not constitute prohibited Retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith. Retaliation also does not include pursuit of civil, criminal, or other legal action, internal or external to the university.