Discrimination Policy

Discrimination is defined as the adverse or preferential treatment of another wholly or partially because of the person’s membership in a protected class. When brought to the attention of the University, discrimination will be appropriately addressed and remedied, whether through disciplinary action, other responsive interventions, or both. Sanctions for discrimination and other forms of discriminatory misconduct may range from warning through expulsion (for students) or termination of employment (for faculty and staff employees).

In addition to the definition of discrimination per se provided above, the following behaviors are also prohibited as forms of discrimination when the misconduct is based on the affected party’s actual or perceived membership in a protected class:

1.    Abusive Conduct

Abusive conduct is defined as any intentional conduct that inflicts or attempts to inflict bodily harm or severe emotional harm upon any person, any reckless action that could result in bodily harm, and/or any action that would reasonably cause another to be fearful that their health or safety is in immediate danger.

2.    Discriminatory Harassment

Discriminatory harassment is defined as unwelcome and objectively offensive conduct that abuses, mocks, intimidates, bullies, diminishes, or disparages another person or persons because of their actual or perceived membership in a protected class, and that may contribute to a hostile education, work, or living environment. Discriminatory harassment may, but need not, include the use of slurs, epithets, or derogatory terms. Unwelcomeness and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances as the affected party.

A hostile environment is created when discriminatory harassment is:

  • severe or persistent or pervasive; and
  • objectively offensive, such that it
  • unreasonably interferes with, denies, or limits an individual’s or group’s ability to participate in or benefit from the University’s educational, employment, residential, or social program.

Loyola may remedy any form of discriminatory harassment when substantiated, whether or not the behavior rises to the level of creating a hostile environment. 

3.    Domestic Violence

Domestic violence is usually a form of gender-based misconduct, and is therefore primarily addressed in Section VII.B. Sexual Misconduct. However, in some circumstances, such violence may be based on some protected status other than sex, such as violence between two roommates that is motivated by racial or other discrimination.

4.    Failure to Accommodate for Disability

Loyola is committed to making reasonable accommodations for qualified individuals with disabilities, in compliance with applicable state and federal disability laws. Any individual who has followed the proper University procedures but believes they have not been accommodated as required by law may report the matter to the OEC for investigation.

5.    Hazing

Hazing is defined as actions or activities often associated with initiation or group associations which inflict or attempt to cause mental or physical harm or anxieties; or which demean, degrade, or disgrace any person regardless of location, intent, or consent of participants.

6.    Other Discriminatory Misconduct

Violation of any other University policy may constitute other discriminatory misconduct when the violation is motivated by the affected party’s actual or perceived membership in a protected class.