Anti-Discrimination and Discriminatory Harassment Policy and Procedures for Students

This Policy³ governs alleged Prohibited Conduct, including Discrimination and Discriminatory Harassment, where the person alleged to have engaged in the Prohibited Conduct—referred to as the Respondent—is a current University Student or Active Alum, including Students on a leave of absence, and regardless of a Student’s current registration status.^4,5 This Policy also governs the conduct of Student Groups and their members and affiliates; the University is committed to taking appropriate action to address alleged Discrimination, Discriminatory Harassment, and other Prohibited Conduct regardless of whether a Report involves individual Students, Student Groups, or both. Where a Report is made regarding the conduct of a Student organization that is not recognized by the University, Students and/or the Student Groups who, at the time of the alleged incident, are believed to be active and/or involved members of the unrecognized Student organization may be Respondents. Such members are given the same Respondent rights pursuant to the Policy.  

Every individual bears responsibility for their own conduct, regardless of whether that conduct occurred in a group setting. Whether this or any other University policy applies to the conduct of a group, conduct by individual members of a group (whether the group is formally recognized or not) may be a basis for disciplinary action for those individuals under this Policy.

The person who makes a Report of alleged conduct pursuant to this Policy—referred to as the Reporter or Complainant—will often, but need not, be a University Affiliate. In cases where the Reporter is someone other than an individual who was subjected to the alleged Prohibited Conduct, this Policy will apply in the same manner as if the affected individual had made the initial Report. The affected individual will be referred to as the Complainant for purposes of this Policy.

This Policy applies to alleged conduct that occurs on, or that creates or contributes to a Hostile Environment for University Affiliates on, any University campus, including conduct that occurs over email, on social media, or other Internet-based platforms where the University exercises control over the circumstances of the conduct. This Policy also applies to alleged conduct that occurs in connection with any University program or activity, whether that alleged conduct occurs on- or off-campus, such as at an off-campus, University-sponsored event. 

This Policy is administered by the Office. This Policy will be in effect September 23, 2024, and will not apply retroactively. For Reports submitted before September 23, 2024, the Office will apply the policies and procedures in place when the Incident Report was submitted. For Reports submitted on or after September 23, 2024, the Office will generally apply the definition of acts of Prohibited Conduct in place at the time the conduct is alleged to have occurred but will generally apply the procedures in place at the time a Report is made. The Office may exercise its reasonable discretion to make appropriate adjustments to the procedures in place at the time a Report is made in order to promote fairness in the application of those procedures to a particular Report. In advance of any proceedings, the Complainant(s) and Respondent(s), also each referred to as a Party or collectively as the Parties, will be notified about which definitions and procedures will be applied.

If alleged Prohibited Conduct arises out of the same facts or circumstances as alleged conduct that is prohibited under any other applicable University policy or policies, the Office may coordinate its proceedings with any other University office or entity responsible for enforcing the other applicable policies, or may, in agreement with another University office or entity, consolidate some or all of the allegations into a single proceeding to be administered by the Office, except for allegations concerning conduct that is prohibited under the Rules of University Conduct. However, these provisions notwithstanding, to the extent that a Report involves allegations of Discrimination or Discriminatory Harassment on the basis of gender (sex); gender identity; lactation accommodation; pregnancy; sexual or reproductive health decisions; sexual orientation; or status as a victim of domestic violence, stalking, or sex offenses, the Report will be addressed under the Gender Based Misconduct and Interim Title IX Policies and Procedures for Students. In all other circumstances, where a report does not involve allegations of Discrimination or Discriminatory Harassment on the basis of gender (sex); gender identity; lactation accommodation; pregnancy; sexual or reproductive health decisions; sexual orientation; or status as a victim of domestic violence, stalking, or sex offenses, the Office may, in its sole discretion, proceed on allegations of Prohibited Conduct regardless of the existence or status of any other proceedings under any other University policy or policies.

While this Policy may identify the University office or Employee who will typically perform certain roles or duties, the Office may exercise its reasonable discretion to designate other University offices or Employees to perform any roles or duties described in this Policy. The Office may also exercise its reasonable discretion to assign appropriate non-Employees to perform roles or duties described in this Policy.

Nothing in this Policy prevents a Complainant from seeking the assistance of relevant law enforcement authorities in addition to or instead of any University process.

Nothing in this Policy may be construed to abridge academic freedom, principles of free speech, or the University’s educational mission.⁶  

³ References to “Policy” throughout this document encompass this Policy and the procedures associated with the Policy.

⁴ For the purposes of this Policy, the term “University” includes Columbia University only. It does not include Barnard College or Teachers College. If the Respondent is a Barnard College student, employee, or otherwise affiliated with Barnard College, please see Barnard College’s Office of Nondiscrimination and Title IX website. If the Respondent is a Teachers College student, employee, or otherwise affiliated with Teachers College, please see the Teachers College Policy and Procedures on Discrimination and Harassment. If the Respondent is a University Student, but the Complainant is a Barnard College affiliate or Teachers College affiliate, this Policy applies. For information about policies applicable to elementary and secondary school students enrolled in University programs, and other information regarding minors on Columbia’s campus, please visit Protection and Treatment of Minors at Columbia University.

⁵ Reports concerning allegations of Discrimination, Discriminatory Harassment, or other Prohibited Conduct where the Respondent is an Employee or Contractor will be addressed under the University’s Equal Opportunity and Affirmative Action Policies and Procedures. The Office will review Reports of incidents affecting members of the University community that involve Respondents who are not University Affiliates or whose identity is not known and cannot reasonably be identified by the University. In such circumstances, the Office will take appropriate actions to protect the University community, including by identifying appropriate campus and other resources and providing reasonable accommodations.

⁶ The fact that Prohibited Conduct includes speech in a public setting or speech that is also motivated by political or religious beliefs does not relieve the University of its obligations to respond if the Prohibited Conduct creates a Hostile Environment.

This section sets out definitions of Discrimination, Discriminatory Harassment, and other forms of Prohibited Conduct under this Policy.

Prohibited Conduct

It is a violation of this Policy for a Student, Active Alum, or Student Group to commit the following acts:

Discrimination and Discriminatory Harassment

Treating individuals less favorably because of their actual or perceived membership in, or association with, a Protected Class, or having a neutral policy or practice that has a disproportionate and unjustified adverse impact on actual and/or perceived members or associates of one Protected Class more than others, constitutes Discrimination. Discrimination includes treating an individual differently on the basis of their actual or perceived membership in, or association with, a Protected Class in the context of an educational program or activity without a legitimate, nondiscriminatory reason so as to deny or limit the ability of the individual to participate in or benefit from Columbia’s services, activities, or privileges.

Each of the following characteristics constitutes a “Protected Class” for purposes of this Policy: age; alienage or citizenship status; arrest or conviction record; caregiver status; caste; color; credit history; creed; disability; familial status; genetic predisposition or carrier status; marital status; national origin (including shared ancestry, ethnic characteristics, or citizenship or residency in a country with a dominant religion or distinct religious identity); race; religion; salary history; unemployment status; veteran or active military status; or any other protected characteristic as established by law.⁷

Subjecting an individual to unwelcome conduct, whether verbal or physical, that creates or contributes to a hostile working, learning, or campus living environment; that alters the conditions of employment or education; or that unreasonably interferes with an individual’s work, academic performance, or ability to participate in or benefit from some aspect of the University’s educational programs or activities on the basis of the individual’s actual or perceived membership in, or association with a Protected Class constitutes Discriminatory Harassment.

Discriminatory Harassment may include, but is not limited to, the following acts that denigrate or show hostility or aversion toward one or more actual or perceived members or associates of a Protected Class: verbal abuse; epithets or slurs; negative stereotyping (including, but not limited to, stereotypes about how an individual looks, including skin color, physical features, or style of dress that reflects ethnic traditions; a foreign accent; a foreign name, including names commonly associated with a particular shared ancestry or ethnic characteristics; or speaking a foreign language); threatening, intimidating, or hostile acts; denigrating jokes; insulting or obscene comments or gestures; calls for genocide and/or violence; and the display or circulation of written or graphic material in any form, including but not limited to social media.

Phone calls, text messages, emails, and social media usage can create or contribute to a hostile working, learning, or campus living environment or otherwise constitute Discriminatory Harassment, even if the communications occur away from campus.

Speech or conduct expressing views regarding a particular country’s policies or practices does not necessarily constitute Discriminatory Harassment based on national origin. However, if harassing speech or conduct that otherwise appears to be based on views about a country’s policies or practices is directed at or infused with discriminatory comments about persons from, or associated with, that country or another country, then it may constitute Discriminatory Harassment. The use of code words may implicate the Policy. In responding to Reports concerning speech or conduct regarding a country’s policies or practices, the Office will consider whether such speech or conduct is an exercise of academic freedom and inquiry.

Each reported incident of alleged speech or conduct will be assessed on a case-by-case basis. The Office will determine whether alleged speech or conduct constitutes Discrimination or Discriminatory Harassment, including by creating or contributing to a Hostile Environment, by considering the totality of the circumstances surrounding an alleged incident or course of conduct. The Office will consider all relevant objective and subjective factors in making its determination. The presence or absence of no single factor will be dispositive in the Office’s determination. Objective factors are those that indicate whether a reasonable person would find the alleged speech or conduct to meet the definition of Discrimination or Discriminatory Harassment. Subjective factors relate to how the Complainant actually perceived the alleged speech or conduct and whether the Complainant perceived the alleged speech or conduct to be discriminatory or harassing. The offensiveness of a particular expression as perceived by a Complainant, standing alone, is not a sufficient basis to create a Hostile Environment. Reports of Prohibited Conduct will be evaluated from the perspective of the Complainant and from the perspective of a reasonable person in the Complainant’s position, considering all the circumstances.

The factors the Office will consider when assessing whether speech or conduct constitutes Discrimination or Discriminatory Harassment may include, but are not limited to, the following:

• The nature and severity of the alleged speech or conduct. The Office will be more likely to find that alleged speech or conduct constitutes Discrimination or Discriminatory Harassment if it involves words or symbols that are generally understood to express hatred of, or calls for violence against, one or more Protected Classes (e.g., racially charged epithets, language suggesting that Protected Class members or associates should be harmed or killed, etc.).
• Whether the alleged speech or conduct was intended and/or likely to incite violence, Discrimination, or Discriminatory Harassment, or to create or contribute to a Hostile Environment.
• The frequency, duration, and location of the alleged speech or conduct, and the identity, number, and relationships of the persons involved. For instance, words that might not constitute Discriminatory Harassment if used by a Student as part of a classroom discussion could constitute Discriminatory Harassment if shouted repeatedly by a Student or group of Students at one of their peers.
• Whether the alleged speech or conduct was directed at an identifiable individual or group of individuals. In the case of allegations of discriminatory and/or harassing speech or conduct on social media, the Office will consider whether a post mentions, tags, or links to specific individual(s) or their social media accounts. The Office is more likely to find that such alleged speech or conduct, whether in person or on social media, constitutes Discrimination or Discriminatory Harassment when it is directed at an individual or group of individuals than when it is not. In addition, the Office will consider whether alleged speech or conduct is directed at one or more University Affiliates.
• Whether the Respondent was aware that the alleged speech or conduct took place in the midst of, created, or contributed to a Hostile Environment in any of the University’s activities or programs or at the University as a whole. For instance, in evaluating a Report of alleged speech or conduct that may constitute Discriminatory Harassment, the Office will consider whether the Respondent was aware that similar speech or conduct recently occurred.
• Whether the Complainant had any alternative to being subjected to the alleged speech or conduct. For instance, the Office will consider whether the alleged speech or conduct took place in a location the Complainant had to enter or pass by in order to access any of the University’s programs and activities and whether the Complainant could have chosen to avoid the alleged speech or conduct without detriment to the Complainant’s ability to access any University programs or activities.
• Whether there is any difference in status/authority between the Respondent and the Complainant.
• Whether the alleged speech or conduct otherwise impeded or limited the Complainant’s participation in or ability to benefit from any University program or activity.
• Whether the alleged speech or conduct, even if offensive, constitutes an expression of opinion on political, social, or similar topics. The Office will not determine that alleged speech or conduct constitutes Discrimination or Discriminatory Harassment solely because it may be considered offensive.
• Whether the alleged speech or conduct, even if offensive, constitutes an exercise of academic freedom on the part of a Respondent.

Retaliation

Retaliation is any adverse action or threatened action, taken or made, personally or through a third party, against a Complainant, a Respondent, or any other individual (such as a Witness, Reporter, or Advisor) because the individual has made a Report pursuant to this Policy, engaged with the Office, and/or participated in a resolution process pursuant to this Policy. All individuals, not just a Respondent or Complainant, are prohibited from engaging in Retaliation.

Retaliation can refer to actions or threatened actions by any individual. Retaliation includes threatening, intimidating, coercing, discriminatory, harassing, or any other conduct that would discourage a reasonable person from seeking services; receiving Supportive Measures; reporting Discrimination, Discriminatory Harassment, and other Prohibited Conduct; or participating in the resolution process as a Complainant, Respondent, Witness, Reporter, or Advisor. It also includes maliciously or purposefully interfering with, threatening, or damaging the academic or professional career of another individual because the individual has engaged with the Office and/or the resolution process pursuant to this Policy.

Reports that are intentionally false or found to have been made in bad faith may also constitute Retaliation. For example, Retaliation could include falsely reporting, or a threat of falsely reporting, a Complainant or Witness in order to deter them from participating in an imminent or pending resolution process.

Retaliation may also include violations of a no-contact directive and/or other Supportive Measures and/or Interim Measures during the course of a proceeding pursuant to this Policy.

If the alleged Retaliation occurs between the Complainant and the Respondent while a matter is pending pursuant to this Policy, the alleged Retaliation may be addressed separately and/or, in the sole discretion of the Office, folded into the pending proceeding, based on the circumstances. Allegations of Retaliation by other parties, i.e., not between the Complainant and the Respondent, will be addressed separately.

Reports of Discrimination and Discriminatory Harassment made in good faith, even if the Respondent is ultimately determined not to be responsible for engaging in any Prohibited Conduct, are not considered Retaliation.

Intentional Interference

Intentionally interfering with the process of the Office concerning any Report made under this Policy is prohibited. Intentional Interference may include, but is not limited to, the following:

• Any attempt to alter, prevent, or interfere with a Party’s or Witness’s participation in any proceeding under this Policy;
• Obstruction of any investigative interview, including Witness tampering which attempts to alter, prevent, or interfere with a Witness’s statement or testimony as part of any proceeding pursuant to this Policy;
• Intentionally disclosing any information, documents, or materials protected by this Policy’s provisions concerning the privacy of the Parties and/or the process (see Section IV.B);
• Intentionally withholding relevant information (other than privileged materials) for purposes of obstructing, interfering, or delaying any proceeding pursuant to this Policy;
• Knowingly making false statements or knowingly submitting false information during any proceedings pursuant to this Policy; and
• Intentionally failing to comply in any way with this Policy.

If a Party is determined to have engaged in Intentional Interference, that determination may result in disciplinary action, the drawing of an adverse inference (e.g., an inference that communications intentionally deleted by a Party contained material adverse to that Party), and/or Sanctions, as appropriate.

Failure to Comply with Interim Measures

Failure to comply with any Interim Measure(s), discussed further in Section VI.E below, is a violation of this Policy and may lead to disciplinary action and/or Sanctions, as appropriate.

⁷ Reports concerning allegations of Discrimination or Discriminatory Harassment on the basis of gender (sex); gender identity; lactation accommodation; pregnancy; sexual or reproductive health decisions; sexual orientation; or status as a victim of domestic violence, stalking, or sex offenses will be addressed under the University’s Gender Based Misconduct and Interim Title IX Policies and Procedures for Students. Any Report that concerns allegations of Discrimination or Discriminatory Harassment involving another Protected Class that also involves allegations of Discrimination or Discriminatory Harassment on the basis of gender (sex); gender identity; lactation accommodation; pregnancy; sexual or reproductive health decisions; sexual orientation; or status as a victim of domestic violence, stalking, or sex offenses will be addressed under the Gender Based Misconduct and Interim Title IX Policies and Procedures for Students.

The complete policy, including the procedures and resources, can be found on the Office of Institutional Equity (OIE) website.