EO 81 Prohibiting Discrimination, Harassment, and Sexual Misconduct

Purpose

The University is committed to fostering an environment in which all members of its community can participate fully in University programs and activities free from discrimination, harassment, sexual misconduct, and retaliation. This order establishes the University’s standards for preventing and responding to such conduct, including compliance with applicable federal and state laws, which include but are not limited to:

Title VI and Title VII of the Civil Rights Act of 1964,
Title IX of the Education Amendments of 1972,
Violence Against Women Act (VAWA) and Jeanne Clery Act,
Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act,
Washington State Civil Rights Initiative (I-200), and
Washington Law Against Discrimination (WLAD).

Statement of Nondiscrimination: The University prohibits discrimination in all programs and activities, including education, employment, and patient care, based on an individual’s actual or perceived protected characteristics. Protected characteristics include race, color, creed, religion, national origin, citizenship, sex, pregnancy, age, marital status, sexual orientation, gender identity or expression, genetic information, disability, or veteran status. Upon learning of conduct that may constitute discrimination, the University will take prompt and effective action to address it, remedy its effects, and prevent recurrence.

Scope

This order applies to all University programs and activities and to all University community members, including University personnel, students, and other individuals participating in or attempting to participate in University programs or activities. This order applies to conduct that:

Occurs within a University program or activity, whether in a physical or online location;
Occurs outside a University program or activity but has the effect of limiting or denying a person’s participation in or access to a University program or activity or otherwise adversely affects the terms, conditions, or privileges of a person’s University educational or employment experience.

Integration with University Governance and Legal Requirements

The University will uphold all applicable provisions of the Washington Administrative Code (WAC), including Chapter 478-121 WAC, the Student Conduct Code for the University of Washington.

This order aligns and operates in coordination with other University rules, codes, orders, and policies. These include but are not limited to:

Faculty Code;
Presidential Executive Orders and Administrative Policy Statements;
Human Resources policies and workplace rules, including workplace violence;
Collective Bargaining Agreements;
Hospital and clinical system policies;
Other uniformly adopted University regulations or procedures.

When a report or complaint under this order involves multiple procedures, areas of governance, or legal standards, Compliance and Risk Services will coordinate with relevant offices to determine how applicable processes will be applied.

Definitions

Complainant—A person who is alleged to have experienced conduct prohibited by this order, whether or not a report has been made that a violation of the order has been committed against the person.

Complaint—An oral or written request to the University to investigate and make a determination about prohibited conduct under this order.

Confidential Employees—Individuals designated by the University to receive disclosures of prohibited conduct without being required or encouraged to report the information to Civil Rights Compliance (CRC). These employees typically include licensed mental health professionals, medical providers, campus-based confidential advocates, the University Ombud, and others specifically identified by the University as confidential resources.

Hostile Environment—An environment in a University program or activity that is so severe or pervasive that it creates an abusive, intimidating, or offensive atmosphere based on a protected characteristic. Whether a hostile environment has been created is a determination created after a fact-specific inquiry in accordance with applicable standards and will be based on the totality of the circumstances, including the context, location, nature, scope, frequency, and duration of the conduct, as well as the identity, number, and relationships of the persons involved.

Personnel—All individuals holding positions defined in Administrative Policy Statement 40.1, including faculty and other academic personnel, professional staff, classified staff, student employees, academic student employees, and other staff exempt from civil service.

Prohibited Conduct—Conduct listed under the heading “Definitions of Prohibited Conduct Under This Order” below, all of which are prohibited in any University program or activity.

Protected Characteristics—A personal characteristic protected under federal or state law that is included in the University’s statement of nondiscrimination.

Report—A notification to an employee or University unit or office of an alleged occurrence of prohibited conduct.

Respondent—A person who is alleged to have engaged in conduct prohibited by this order.

Student—A student, for purposes of this order, is defined in the University’s Student Conduct Code, WAC 478-121-050.

Unit Leader—A unit leader is an executive head reporting directly to the President or the Provost.

University Program or Activity—All the operations of the University, including locations, events, or circumstances over which the University exercises substantial control over both the respondent and the context in which the conduct occurred. The University’s program or activity can include on-campus, off-campus, or online conduct, and applies to employment, admissions, and medical centers and clinics.

Definitions of Prohibited Conduct Under This Order

Discrimination—Any differential treatment of a person compared to others in similar circumstances, that denies or limits a person’s equal access to University programs or activities or adversely affects a person’s employment or education at the University, based in whole or in part on actual or perceived protected characteristics.

Discriminatory Harassment—Unwelcome conduct based on an individual’s actual or perceived protected characteristics that is so severe, pervasive, or persistent that a reasonable person would find it limits or interferes with the individual’s access to University programs or activities, or adversely affects the conditions of the individual’s University employment. Discriminatory harassment, as defined by this order, does not include conduct that falls under this order’s definition of sexual harassment.

Sexual Harassment—Sexual harassment under this order includes both conduct that constitutes sexual harassment under federal Title IX regulations and other forms of sex-based conduct that violate University standards, whether or not they fall within the jurisdictional scope of Title IX. All such conduct is prohibited and may result in University action.

Title IX Hostile Environment Sexual Harassment—Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a University program or activity.
Other Sexual Harassment (Non Title IX)—Unwelcome conduct on the basis of sex that does not meet the Title IX definition and is objectively offensive and so severe or pervasive that it unreasonably interferes with, limits, or effectively denies a person’s ability to participate in or benefit from a University program or activity, or otherwise adversely affects the terms and conditions of a person’s University employment.
Quid Pro Quo Sexual Harassment—When an employee of the University, or other person with actual or apparent authority to provide an aid, benefit, or service of the University, conditions the provision of a University aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

Sexual Assault—The penetration, no matter how slight, of a person’s genitals or anus with any body part or object without the person’s consent, or mouth-to-genital, genital-to-genital, hand-to-genital, mouth-to-anus, or hand-to-anus contact between two people without the consent of one of the individuals; or causing another person to touch the person’s own or another’s body in the manners described without the person’s consent.

Unwanted Sexual Contact (Fondling)—The intentional sexual touching of the buttocks, breasts, or clothed genitals of an individual without the individual’s consent; or mouth-to-mouth contact between two people without the consent of one of the individuals; or causing another person to touch the person’s own or another’s body in the manners described without the person’s consent. Contact is considered “sexual” unless:

The contact can be proven to be inadvertent.
The conduct is both minimal and unlikely to have sexual motivation or purpose, as shown by the context of the act.

Sexual Exploitation—Any nonconsensual or abusive conduct that takes sexual advantage of another person for the purposes of sexual arousal or gratification, financial gain, or other personal benefit. Examples of sexual exploitation include:

Transmitting, distributing, publishing, or threatening to transmit, distribute, or publish photos, video, or other recordings, images, or generated images of a private and sexual nature, including consensual sexual activity, without the consent of the subject(s);
Taking, making, sharing, or directly transmitting photographs, films, digital images, or generated images of the private body parts of another person without that person’s consent;
Prostituting another person; or
Surreptitiously watching or knowingly allowing another to surreptitiously watch otherwise consensual sexual activity.

Stalking—Engaging in a course of conduct directed at a specific individual that would cause a reasonable individual to fear for the individual’s own safety or the safety of others, or to suffer substantial emotional distress. Stalking includes acts engaged in through electronic media, the internet, social networks, blogs, cell phones, or text messages. For the purposes of this section:

“Course of conduct” means two or more acts including but not limited to acts in which the respondent directly, indirectly, or through another person or people, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property;
For the purposes of this section, “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Indecent Exposure—The intentional exposure of a person’s own genitals when done in a place or manner in which such exposure is likely to cause affront or alarm.

Domestic Violence—Physical or sexual violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom a complainant shares a child in common, by a person cohabitating or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic violence laws of Washington, or by any other person against a complainant who is protected from that person’s acts under the domestic or family violence laws of Washington.

Dating Violence—Physical or sexual violence, or the threat of such violence, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship will be determined based on the length and type of relationship as well as the frequency of interaction between the individuals involved in the relationship. Dating violence can also include emotional abuse, including behaviors that are intended to intimidate or isolate someone.

Retaliation—Conduct that intimidates, threatens, coerces, harasses, or treats differently any individual for the purpose of interfering with any right or privilege secured by this order or because the person has requested an accommodation or made a report or complaint, testified, assisted, served as a witness, or participated or refused to participate in any manner in an investigation, proceeding, hearing, or related resolution process under this order and associated procedures. Nothing in this definition precludes the University from requiring University personnel to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing pursuant to this order.

Consent to sexual activity means that at the time of and throughout the sexual activity, there are words or conduct that reasonably communicate freely given agreement to engage in that activity between or among the participants. For the purposes of determining whether consent was present:

Consent cannot be inferred solely from silence, passivity, or lack of resistance to sexual contact, and relying on nonverbal communication alone may not be sufficient to establish consent;
Consent cannot be inferred solely from an existing or previous dating or sexual relationship and past consent alone is not sufficient to establish future consent;
Even in the context of a relationship of a romantic or intimate nature, there must be mutual consent to engage in sexual activity;
Consent given to one person does not constitute consent given to another person;
Consent to one sexual act or contact does not constitute consent to other sexual acts or contacts;
Consent can be withdrawn at any time, and once consent for a particular activity is withdrawn and reasonably communicated that sexual contact and activity must stop immediately; and
Consent cannot be obtained through the use of force or threat; from an individual who is incapacitated where the other person knew or reasonably should have known that the individual was incapacitated; or from a person who is under the statutory age of consent as defined under Chapter 9A.44 RCW (Sex Offenses).

As used in the definition of consent, incapacity means a complainant lacks the ability to understand the facts, nature, extent, or implications of the sexual activity for any reason including but not limited to being asleep, unconscious, unaware that the sexual activity is occurring, mentally or physically impaired due to an intellectual disability or other disability, or mentally or physically incapacitated due to the effects of alcohol or other intoxicants, whether consumed voluntarily or involuntarily.

When assessing whether a person “knew or reasonably should have known” a complainant was incapacitated, indicators of incapacitation include but are not limited to stumbling, falling down, an inability to stand or walk on one’s own, slurred speech or incoherent communication, an inability to focus one’s eyes, confusion about what is happening around one, unusual combativeness, or emotional volatility, incontinence, or vomiting.

The absence of any of these behaviors, however, does not necessarily mean that a person is capable of giving consent or is not incapacitated. Capacity will be determined based on all the facts and circumstances.

A respondent’s use of alcohol or drugs is not a valid defense to a charge of sexual assault or unwanted sexual contact. A respondent will be held to the standard of a reasonable sober person when evaluating whether the respondent knew or reasonably should have known the other person was incapacitated.

Responsibilities Are Assigned to Specific University Personnel

The University assigns specific responsibilities to individuals and offices to ensure the consistent and effective implementation of this order. Fulfilling these responsibilities is required for participation in applicable University roles.

The Vice President for Compliance and Risk Services (CRS), in consultation with the President, provides institutional leadership in civil rights compliance, risk management, and related regulatory matters.

The CRS Vice President has the authority to delegate to the Title IX Coordinator, Title VI Coordinator, ADA/504 Coordinator, and other designated personnel reporting to the vice president, the following responsibilities:

Coordinating University compliance with applicable civil rights laws;
Interpreting and enforcing this order to ensure consistent, fair, and timely implementation;
Establishing and amending procedures to ensure compliance with this order and federal and state law;
Resolving conflicts between this order and other University policies, in consultation with the President or designee. Resolution of conflicts between this order and Board of Regents policy requires consultation with the Secretary of the Board of Regents or designee. Resolution of conflicts between this order and the Faculty Code requires consultation with the Secretary of the Faculty or designee;
Overseeing responses to reports and complaints of prohibited conduct under this order in alignment with the Faculty Code, medical center & clinic procedures, and other intersecting policies and procedures;
Monitoring and determining whether individual reports and complaints of prohibited conduct have collectively created, or are otherwise indicative of, a discriminatory or hostile environment within a University program or activity, based on the totality of the circumstances;
Delegating responsibilities under this order, as necessary and with Presidential consultation, to ensure legal compliance;
Providing or approving training required under this order;
Reviewing and approving all official, centrally coordinated websites and publications that reference civil rights, Title IX, Title VI, Title VII, the ADA, or options, support, processes, and procedures related to harassment, discrimination, or sexual misconduct;
Monitoring access and effectiveness of this order and associated procedures;
Managing, investigating, coordinating, and providing institutional responses to inquiries, complaints, and investigations from external and regulatory agencies, within the scope of this order;
Consulting with units to ensure compliance with civil rights laws in the operation of programs and activities.

Unit leaders, managers, and supervisors are responsible for:

Ensuring University personnel within their areas complete training required under this order;
Supporting and reinforcing reporting requirements under this order;
Responding appropriately when concerns are raised, including referring reports to Civil Rights Compliance (CRC), a unit within CRS;
Coordinating with CRC or other designated personnel to ensure timely and appropriate resolution to reports and complaints;
Coordinating with CRS to use tools and to implement guidance for compliance with civil rights laws;
Coordinating with CRS or UW Human Resources to support implementation of sanctions and remedies following a determination that a violation of this order has occurred.

All University personnel are responsible for completing training required under this order, complying with applicable reporting obligations, and participating in resolution processes when required. Participation by complainants and respondents in resolution processes is voluntary; however, the University may proceed with resolution even in the absence of participation.

UW Human Resources personnel has further responsibility for the following activities regarding University personnel:

Supporting implementation of supportive and interim measures;
Addressing workplace concerns related to conduct not covered by this order;
Conducting or coordinating investigations under this order, as jointly determined with CRS;
Assisting with workplace disruptions or conflicts during and after an investigation or other resolution process;
Supporting implementation of sanctions and remedies following a determination that a violation of this order has occurred.

Policy Statements

1. Training Must Be Completed by University Personnel and Students

CRS provides required training and additional education programs to facilitate compliance with this order and to promote an environment of inclusion and respect.

All University personnel must complete training as specified by CRS;
Personnel designated to receive, investigate, or otherwise resolve reports or complaints of conduct prohibited by this order must complete additional training regularly as specified by CRS;
Confidential employees must complete additional training regularly as specified by CRS;
All students must complete training as specified by CRS.

2. University Personnel Is Required to Report Prohibited Conduct

The University responds to reports of conduct prohibited by this order by offering support, resources, and resolution options, and stopping such conduct, preventing its recurrence, and remedying its effects. Conduct that raises immediate safety concerns or also may be a crime can be reported to the University, law enforcement, or both.

2.1. Required Reporting by University Personnel

Non-confidential University personnel must report conduct involving a University student that occurred during the student’s enrollment that may violate this order;
Unit leaders, managers, supervisors, and all human resources professionals must report UW workplace-related conduct that may violate this order;
Failure to comply with required reporting may result in disciplinary or corrective action;
Additional guidance and limited exceptions to required reporting are maintained by CRS.

2.2. Optional Reporting

Complainants who have experienced conduct prohibited by this order are encouraged but not required to report their experiences;
All members of the University community and the public are encouraged to report concerns or knowledge of potential prohibited conduct.

2.3. How to Report

Reports may be made to CRC orally or in writing via phone, email, mail, or the University’s online reporting form;
Options to provide anonymous reports or anonymous content within a report are included on the CRC website. Anonymous reports may limit the University’s ability to respond, investigate, or offer support. In some cases, anonymous reports may trigger an attempt to identify to protect safety, prevent recurrence, or comply with applicable law.

3. One Central Office Will Review and Respond to Reports

All reports of potential prohibited conduct, including anonymous reports or reports with limited information, will be reviewed by CRS to determine the appropriate response.

3.1. Preliminary Inquiry

CRS may conduct a preliminary inquiry to gather limited facts and consult with relevant offices for the purpose of determining required or appropriate next steps.

3.2. Individual Incidents and Broader Patterns of Conduct

The University may consider both individual incidents and broader patterns of conduct when determining whether a hostile environment exists, including under Title VI.

3.3. Review Data Annually

CRS will review available data at least annually to identify patterns, repeated conduct, or related incidents that may require additional response.

3.4. Depending on the Circumstances, Possible University Responses Include:

Taking no further action, where legally permissible or based on insufficient information;
Offering reasonable supportive measures to affected individuals;
Implementing interim protective measures;
Taking informal action such as removing graffiti or making someone aware of the impact of the conduct;
Referring the matter to another University office;
Offering alternative resolution options;
Initiating a formal investigation under this order and applicable procedures;
Monitoring for ongoing or pervasive civil rights concerns.

3.5. Coordination with UW Medicine and Other Healthcare Units

CRS will coordinate with UW Medicine and other healthcare units as needed when reports involve patients or clinical environments, following any necessary immediate action to ensure safety or care continuity.

4. Reasonable Supportive Measures Are Available

Supportive measures are individualized, non-punitive services offered to the complainants and respondents to restore or preserve access to University programs or activities or deter further conduct.

Reasonable supportive measures may be implemented regardless of whether a formal complaint or investigation is initiated;
CRS is responsible for approving and coordinating the implementation of supportive measures, in consultation with appropriate offices.

5. Interim Protective Measures May Be Implemented

Interim protective measures are actions the University may take at any stage of a matter under this order to address safety, prevent retaliation, or ensure continued access to University programs or activities.

These measures may involve changes that affect a respondent’s access to certain programs and privileges;
Interim protective measures do not constitute a determination that prohibited conduct occurred and do not replace the outcome of an investigation or resolution process;
Interim protective measures may include but are not limited to temporary emergency suspension for students and administrative leave or reassignment for employees, consistent with procedural requirements in the Student Conduct Code and Faculty Code.

6. Reasonable Accommodations Must Be Implemented

Employees have responsibilities for providing reasonable accommodation as required under University policy. Responsibilities are set forth in Administrative Policy Statements 46.5, 46.6, and 46.7, and Student Governance and Policies, Chapter 208, or other applicable rules or policies.

7. The University Complies with the Clery Act

Clery Act requires issuance of timely warnings and emergency notifications for incidents that pose a serious or ongoing threat to the University community, as well as the publication of certain crime statistics. Timely warnings will not include personally identifying information.

8. Free Speech and Academic Freedom Are Core Values of the University

As indicated in the Freedom of Expression and Community Standards and the Faculty Code, Chapter 24, Section 24-33, free speech and academic freedom are core values of the University and are protected by the U.S. Constitution, federal and state law, and University policy. Consistent with those standards, speech that is protected by the First Amendment is not prohibited under this order. However, speech or conduct that meets the definition of discriminatory harassment, creates a hostile environment, or otherwise violates this order may result in disciplinary consequences. The University is committed to supporting the exercise of constitutionally protected expression in University controlled facilities and property while maintaining a safe and welcoming environment in which all members of our community can live, learn, and work. The University may offer outreach, education, or supportive resources to individuals affected by protected expression, even when no violation of this order has occurred.

9. Conduct That Does Not Violate This Order

Some conduct may not constitute a violation of this order but may still affect individuals or the University community. In such cases, the University may respond with supportive resources, informal outreach, educational programming, or other measures to promote a respectful environment.

Conduct that does not violate this order may be addressed under other University rules, orders, policies, regulations, or codes.
CRS will not initiate a conduct proceeding based solely on personal alcohol or other drug use disclosed by a student complainant or witness in connection with a report or complaint under this order.
Nothing in this order restricts University employees from providing clinical and professional services in accordance with applicable laws and professional standards.

10. CRS Will Determine Which Procedures Apply to a Report or Complaint

The University uses a range of procedures to resolve reports and complaints under this order. CRS is responsible for determining which procedures apply based on the nature of the conduct, the role of the respondent, and applicable legal or policy requirements. All procedures provide a fair, prompt, and impartial process for resolving complaints. Some procedures apply only to specific categories of conduct. Others are based on the respondent’s role within the University. Regardless of the process used, all complainants and respondents will be informed of their rights, responsibilities, the procedural steps involved, and the status and outcome.

10.1. Applicable Processes

10.1.1. The Title IX procedures apply when the alleged prohibited conduct meets the federal definitions under Title IX, and when such conduct is alleged to have occurred in the University’s program or activity as defined by Title IX regulations. This includes any building owned or controlled by a student organization that is officially recognized by the University. Title IX procedures only apply to conduct prohibited under Title IX occurring against a person in the United States. For student respondents, Title IX procedures are integrated into the University’s Student Conduct Code, Chapter 478-121 WAC.

10.1.2. General Procedures apply when the alleged prohibited conduct does not meet the federal definitions and jurisdictional guidance under Title IX.

For reports involving University personnel respondents, these procedures are integrated into applicable University processes, including collective bargaining agreements and the Faculty Code. In the event of a legal conflict with other processes, the General Procedures referenced in this order take precedence.

For reports involving student respondents, these procedures are integrated into Chapter 478-121 WAC, Student Conduct Code for the University of Washington. In the event of a conflict with the Student Conduct Code and the General Procedures, the procedures set forth in Chapter 478-121 WAC take precedence.

Complaints from or against patients will follow the relevant hospital or clinic procedures which integrate elements of this order and related procedures as appropriate and required by law.

10.2. Standard and Burden of Proof

All determinations under this order are made using the preponderance of the evidence standard. A violation is established when the evidence shows it is more likely than not that prohibited conduct occurred. The burden of proof rests with the University.

10.3. Notice of Outcome

CRS will notify the respondents and complainants of the outcome of any investigation or formal resolution process, consistent with applicable laws and privacy protections, unless the complainant is anonymous or has confirmed that they do not want notice of the outcome.

10.4. Sanctions and Remedies

Respondents found to have violated this order are subject to sanctions or corrective action, up to and including dismissal, depending on the nature of the conduct and the procedures used. The University may also implement remedies for the complainant or broader community as appropriate.

10.5. Employer Prohibited Nondisclosure

The University may not require an employee to sign an agreement that prevents an employee from disclosing or discussing conduct or the existence of a settlement involving prohibited conduct by this order.

10.6. Procedural Reference

A full description of applicable procedures for responding to reports and complaints is available on the Civil Rights Compliance University Policies webpage.

External Contact Information

The following external agencies are available to individuals with concerns about the University’s application of this order or its compliance with federal and state civil rights laws:

U.S. Department of Education, Office for Civil Rights
U.S. Department of Health and Human Services, Office for Civil Rights
U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity
U.S. Department of Justice, Civil Rights Division
U.S. Equal Employment Opportunity Commission (EEOC)
Washington State Human Rights Commission
Additional federal agencies related to federal grants.

University Contact Information

Questions about this order may be directed to Compliance and Risk Services, Civil Rights Compliance.

Contact information for the Title IX Coordinator, Title VI Coordinator, and ADA Coordinator can be found on the Civil Rights Compliance webpage.

History

July 23, 2025.

For related information, see:

Executive Order No. 56, “Reporting Suspected Child Abuse or Neglect”
Administrative Policy Statement 46.5, “Reasonable Accommodation of Employees With Disabilities”
Student Governance and Policies, Chapter 208, “Reasonable Accommodation of Students with Disabilities”
Student Governance and Policies, Chapter 210, “Student Conduct Policy for Discriminatory and Sexual Harassment, Intimate Partner Violence, Sexual Misconduct, Stalking, and Retaliation”

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