II. Jurisdiction

This Policy applies to Employees (including Faculty and Staff), Students, and third parties and to all conduct within the university’s Programs or Activities, as defined below. However, the university will address conduct contributing to a Hostile Environment even if the underlying conduct itself occurred outside the university’s Programs or Activities, including if it occurred outside the United States, and including conduct occurring online via computer and internet networks or on digital platforms, including social media sites.

The university retains discretion to determine whether conduct outside of its Programs and Activities is within its jurisdiction. In making this determination, the university will consider the severity of the alleged conduct, the risk of ongoing harm, whether both parties are members of the University community, impact on University Programs or Activities, and whether the off-campus conduct is part of a series of actions that occurred both on and off campus.

Some forms of conduct which may be considered inappropriate or unacceptable within the University community, such as incivility or bullying, may not meet the definition of Prohibited Conduct under this Policy. However, the university retains discretion to report the conduct to an internal university department or authority such as Human Resources, Office of Community Responsibility, or relevant academic department or dean to determine and implement appropriate responsive action, including review for possible misconduct under other university policies.

This Policy does not apply to the implementation or appeal of requests for modifications or academic adjustments for individuals with disabilities. Concerns related to the implementation or appeal of requests for modifications or academic adjustments should be submitted to the Office of Disability Resources (students) or HR Disability Services (Faculty and Staff).¹ This Policy supersedes any conflicting information in any other university policies with respect to the definitions or procedures relating to Prohibited Conduct.

¹Individuals with a Disability are entitled to reasonable accommodations that would enable them to participate in all processes provided for under this Policy, including, but not limited to, making a Report or Complaint, participating in an Alternative Resolution Process, and/or participating in an investigation and adjudication under the grievance procedures. If an individual requires such reasonable accommodations, they should promptly notify the IEX Office, which may consult, as appropriate, with the Office of Disability Resources or Human Resources; individuals should not assume that the IEX Office is on notice that they have a Disability, even if registered to receive accommodations via the Office of Disability Resources, Human Resources, or another academic or administrative unit.