Policy on Harassment, Intimidation and Bullying
Students are prohibited from engaging in harassment, intimidation or bullying. A student will be found responsible for harassment, intimidation or bullying if he or she engages in conduct, including any gesture, written, verbal or physical act, or any electronic communication (which includes e-mails, text messages, and Internet postings on web-sites or other social media), whether it be a single incident or series of incidents, that occurs on the University’s campus, through use of University facilities, or at any function sponsored by the University or any University-related organization, on or off-campus; that is so severe or pervasive and objectively offensive that it substantially disrupts or interferes with the orderly operation of the University or the rights of any student or other member of the University community; and that:
- involves intimidation or threats to another person's safety, rights of personal privacy and property, academic pursuits, University employment, or participation in activities sponsored by the University or organizations or groups related to the University; or
- a reasonable person should know, under the circumstances, will have the effect of insulting or demeaning any student or group of students; or
- creates an intimidating or hostile environment by substantially interfering with a student’s education, or by materially impairing the academic pursuits, employment or participation of any person or group in the University community, or by severely or pervasively causing physical or emotional harm to the student or other member of the University community; or
- a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or other person or damaging the person’s property or placing him/her in reasonable fear of physical or emotional harm to his/her person, or to any member of that person's family or household, or of damage to his/her property.
- Discriminatory Harassment, Intimidation or Bullying
A student will be found responsible for discriminatory harassment, intimidation or bullying who engages in conduct described above as “harassment, intimidation, or bullying” which the student directs at a specific group or individual, based upon race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, disability, nationality, sex, gender identity or expression, or any other characteristic protected from discrimination by the New Jersey Law Against Discrimination, NJSA 10:5-4.
A student will be found responsible for discriminatory harassment who engages in conduct described above as “harassment, intimidation or bullying” which the student directs at a specific individual based on sex, or which would not have occurred but for the individual’s gender, or gender identification, which conduct is unwelcome and substantially interferes with work, educational performance or equal access to the University’s resources and opportunities. Sexual harassment is a violation of Kean University's Statement on Equal Opportunity, Affirmative Action, Sexual Harassment and Tolerance as well as Title IX of the Education Amendments of 1972, and Title VII of the Civil Rights Act of 1964 (as amended in 1991). Under certain circumstances, sexual harassment may constitute sexual assault or abuse. The University will fully comply with all relevant civil laws prohibiting sexual harassment and all criminal laws concerning sexual assault. Please see the University policy on sexual misconduct at www.kean.edu/KU/Sexual-Misconduct-Policy.