1.1 The Kaiser Permanente Bernard J. Tyson School of Medicine is committed to maintaining an environment that is free from discrimination and harassment for all students, applicants for admission, faculty, employees, applicants for faculty appointments or employment, and third parties such as contractors, vendors, volunteers, and visitors (collectively, “members of the school’s community”).
1.2 The school also prohibits retaliation against any individual who in good faith reports or opposes discrimination or harassment or who assists, cooperates with, or participates in any procedures or investigations related to reports of discrimination or harassment, or is perceived as having done so. Therefore, all members of the school’s community should object to discrimination and harassment prohibited by this policy when they experience or witness it and report violations without fear of retaliation.
1.3 Any violation of this policy may result in corrective or disciplinary action up to and including dismissal as a student or termination of faculty appointment, employment status, or other relationship, as applicable.
The school seeks to foster a safe and healthy educational and employment environment built on mutual respect and trust. To further this mission, the school has adopted this Non-Discrimination, Harassment-Free Environment, and Non-Retaliation Policy which is intended to guide all members of the school’s community. This policy defines sexual and gender-based harassment, and the forms of sexual misconduct that violate the school’s standards; identifies school and community resources and support options available to all members of the school community; describes the process for making a report to the school or law enforcement; and outlines school procedures for the review, investigation, and resolution of complaints against students, staff, and faculty.
The protections and prohibitions in this policy apply to all members of the school’s community, including students, applicants for admission, faculty, employees, applicants for faculty appointments or employment, and third parties such as contractors, vendors, volunteers, and visitors (collectively, “members of the school’s community”).
This policy applies to all of the school’s programs, activities, and opportunities, both on and off campus, including, but not limited to, those applicable to students and student admissions, and to all terms and conditions of employment or appointment, including, but not limited to, recruiting, hiring, job assignments, promotion, demotion, compensation, benefits, transfers, layoffs, returns from layoff, provisions of leave, training, education, tuition assistance, and other programs.
4.1 Discrimination: Conduct that treats a person or group of persons less favorably because of any status set forth in Section 5.1 or deprives a person or group of persons of the opportunity to participate in or benefit from the school’s programs, activities, or opportunities, or from the terms and conditions of employment or faculty appointment, on the basis of any such status.
4.2 Harassment: Unwelcome conduct (including verbal, nonverbal, graphic, or physical conduct) directed at a person or group of persons because of any status set forth in Section 5.1 where:
Examples of harassment are included below in Section 5.5. Definitions and further examples of sexual harassment in particular and of other prohibited sexual misconduct, including sexual assault, dating violence, domestic violence, sexual exploitation, and stalking, are contained in the school’s Title IX Policy.
4.3 Retaliation: Adverse action taken for the purpose of punishing an individual for exercising their right to report or otherwise oppose discrimination or harassment, or to assist, cooperate with, or participate in an investigation of discrimination or harassment. Retaliatory actions may include, but are not limited to, preventing advancement in academic standing, employment, or appointment; disciplinary action; intimidation, threats, or coercion; dismissal as a student or termination of faculty or employment status or other relationship; or exclusion from the school’s academic or employment related programs, activities, or opportunities.
5.1 Prohibited conduct
The school prohibits discrimination and harassment on the basis of race, color, religion, religious creed, sex (including pregnancy, childbirth or related medical conditions, and breastfeeding or related medical conditions), gender, gender identity, gender expression, transgender status, sex stereotyping, sexual orientation, national origin, age, physical or mental disability, medical condition, military or veteran status, genetic information, ancestry, marital status, or any other status protected by applicable federal or California law, including, but not limited to, discrimination and harassment on the basis of being perceived to have any of the foregoing statuses or being associated with someone who has, or is perceived to have, any of these statuses. This policy will be interpreted and enforced in compliance with applicable federal and California law. The foregoing terms have the meanings provided by law and are defined in this policy.
All members of the school’s community are responsible for being familiar with the contents of and complying with this policy. Faculty members, administrators, managers, and supervisors are responsible for compliance in their respective areas of responsibility (e.g., responsibility to admit, dismiss, or evaluate a student; to appoint, recruit, employ, or discharge personnel or to influence conditions of employment or faculty appointment; to maintain a learning and employment environment free of discrimination and harassment). Human Resources is responsible for the communication to all non-faculty employees of their responsibilities hereunder. Human Resources is also responsible, in collaboration with the Office of Academic and Community Affairs, for the communication to all faculty (whether or not school employees) of their responsibilities hereunder. The Office of Student Affairs is responsible for communicating to all students their responsibilities hereunder.
5.3 Equal opportunity
The school promotes equal academic and employment opportunities. Activities include new and improved approaches to effective recruitment, enrollment, employment, training, placement, evaluation, advancement, and promotion in fulfillment of the school’s commitment to equal educational and employment opportunities.
5.4 Affirmative action
In addition to the other provisions of its Non-Discrimination, Harassment-Free Environment, and Non-Retaliation Policy, the school takes appropriate measures to ensure affirmative action practices are consistent with its obligations as a federal contractor to ensure that individuals have opportunities for employment and advancement in employment without discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, or status as an individual with a disability or protected veteran, as defined by laws applicable to federal contractors, including periodic assessment of employment policies and personnel practices.
5.5 Prohibited harassing conduct
This policy prohibits harassment based on any status identified in Section 5.1.
Prohibited harassment may include, but is not limited to:
Prohibited harassment also includes, but is not limited to, sexual propositions; repeated unwanted sexual flirtations, advances, or invitations; unwanted physical contact and other prohibited sexual misconduct, including sexual assault, dating violence, domestic violence, sexual exploitation, and stalking. Additional information and examples are contained in the Title IX Policy.
5.6 Reasonable accommodation or assistance
Members of the school’s community who need accommodation or assistance related to a disability (including pregnancy-related disability) in connection with the school’s programs, activities, opportunities, employment, or faculty appointments should contact the following: the Office of Student Affairs (for applicants to the school or admitted students), the Office of Academic and Community Affairs (for faculty), and Human Resources (for all other employees). A student, faculty member, or employee who needs accommodation related to religion may also contact the relevant office. The school will consider any requests for accommodation or assistance consistent with applicable federal and California law.
5.7 Equity in compensation
This policy prohibits discrimination in compensation. Moreover, the school will not discharge or in any other manner discriminate against employees or applicants for employment because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the school, or (c) consistent with the school’s legal duty to information.
6.1 When and how to report
Any member of the school’s community who is subjected to, witnesses, or has knowledge of any action or conduct in violation of this policy, or that could be perceived as discrimination, harassment, or retaliation in violation of this policy, should report it promptly as follows. Although a report of conduct violating this policy may be made at any time, such conduct should be reported as soon as possible in order to facilitate investigation and resolution.
6.2 Mandatory duty to report
Any faculty member (whether or not a school employee), administrator, manager, supervisor, or professional or management employee classified as exempt who witnesses or has knowledge of behavior or conduct concerning another member of the school’s community prohibited by this policy is obligated to report such behavior or conduct promptly to the appropriate office or official identified in Section 6.1 so that it can be investigated. Failure of any such individual to report or address promptly incidents of conduct prohibited by this policy that they witness, or that are reported to them, may result in corrective or disciplinary action up to and including termination of faculty or employment status. All such individuals also are required to participate, provide information as requested, and otherwise fully cooperate with any investigation related to alleged violation of this policy.
6.3 Direct communication
Individuals who experience potential violations of this policy are free to inform persons engaged in the behavior that their behavior is unwelcome, inappropriate, offensive, or abusive; however, such direct communication is never required as a condition to making reports under this policy.
6.4 External reporting
In addition to the internal reporting methods described in this Section 6.0, individuals may also file complaints with government agencies that handle claims of discrimination, harassment, and retaliation within their jurisdictions, such as the U.S. Department of Education Office for Civil Rights (see www2.ed.gov/about/offices/list/ocr/complaintintro.html), the California Department of Fair Employment and Housing (firstname.lastname@example.org or www.defeh.ca.gov), and the U.S. Equal Employment Opportunity Commission (800-669-4000, TTY 800-669-6820, or www.eeoc.gov). Such agencies may attempt to resolve complaints by prosecuting, conciliating, or settling the matter on a complainant’s behalf. The school will not retaliate against any member of the school’s community who files a complaint, or otherwise opposes discrimination or harassment, or who assists, cooperates with, or participates in any compliance evaluation, investigation, proceeding, or hearing conducted by any of these or other federal, state, or local governmental agencies that enforce equal opportunity laws.
Members of the school’s community who have questions about whether behavior violates this policy should raise the issue with a school official as designated in this Section 6.0.
6.6 Review, investigations, corrective/disciplinary action, and remedial action
The school provides internal procedures for the review, investigation, and resolution of reports alleging discrimination, harassment, or retaliation under this policy. All reports of violations of this policy will receive a timely response. Once a report is received, the applicable procedure for review, investigation, and resolution will be identified to the parties involved. To the maximum extent possible, and consistent with investigation and resolution of the matter, such investigations will be conducted so as to protect the confidentiality and privacy of the parties involved.
If an investigation confirms that a violation of this policy has occurred, timely and appropriate corrective/disciplinary action will be taken against the offender(s), up to and including dismissal as a student or termination of faculty, employment status, or other relationship, as applicable, and additional remedial action will be taken as is necessary to assure the school is free of discrimination, harassment, and retaliation prohibited by this policy. The level of corrective/disciplinary action will depend on the nature, severity, and frequency of the conduct. Further, conduct involving a violation of this policy may also be a violation of law and may subject the offender to civil and criminal legal liability.
Policy Number: KPSOM.HR.001
Effective Date: 07/29/2020