Non-Discrimination, Equal Access & Equal Opportunity Statement

I. Introduction

Pursuant to its Non-Discrimination, Equal Access & Equal Opportunity Statement, Southern New Hampshire University (“University” or “SNHU”) prohibits and is committed to creating an environment free from all forms of Discrimination and Harassment, including, but not limited to, conduct prohibited under Title III of the Americans with Disabilities Act as amended, Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act, the Age Discrimination in Employment Act, and applicable state laws. This policy outlines the scope of this prohibition as well as the University’s process under which individuals may file Complaints of Discrimination, Harassment, or Retaliation (collectively, “Prohibited Conduct,” as defined in more detail below).

The University will reasonably, timely, and effectively respond to all Complaints of Prohibited Conduct covered under this policy, about which it has notice, with due regard for the rights of all parties. This policy is subject to change without prior notice, and the University reserves the right to amend this policy in accordance with state or federal laws or as deemed necessary by the University. Nothing in this policy should be construed as creating any contractual relationship between any party and the University.

II. Policy Scope

This policy applies to allegations of Prohibited Conduct and covers all such conduct that occurs on University property or in connection with a University-sponsored program or activity, whether in a campus environment or online, including off-campus conduct that creates or contributes to a hostile environment.

Behavior directed towards an individual not related to the individual’s actual or perceived status as a member of a Protected Class may violate other University policies, such as the student Code of Conduct or the workplace conduct rules contained in the Employee Handbook, even if it does not implicate this policy. Examples of such behavior, which may be referred to the appropriate University offices for resolution, include:

• Complaints of different treatment, such as being consistently excluded from team meetings or group communications without a clear work-related justification, that do not allege the related conduct or decision was impacted by the individual’s actual or perceived status as a member of a Protected Class; or
• Allegations of retaliation that are not grounded in the Complainant having engaged in Protected Activity (e.g., a student alleging retaliation based on having previously submitted a grade appeal that was not based on the student’s actual or perceived status as a member of Protected Class).

If a Complaint contains allegations of Discrimination or Harassment based on multiple Protected Classes or that are otherwise subject to multiple University policies (i.e., hybrid claims), the University will determine whether to consolidate the allegations or whether the allegations will be reviewed simultaneously under separate policies by the appropriate University offices.

This policy does not apply to Sexual Misconduct that falls within the scope of the University’s Sexual Misconduct Policy. However, this policy may cover allegations of Harassment based on sex where both the Complainant and Respondent are employees, and not students, that do not fall within the scope of the Sexual Misconduct Policy.

III. Academic Freedom

Academic freedom provides significant space in the classroom setting for individuals to express controversial views, teach controversial subjects, and engage in controversial research. The offensiveness of a particular expression as used in a classroom setting, course content, subject of academic inquiry, or research topic, as perceived by some, standing alone, is typically not sufficient to constitute a violation of this policy. This policy will be implemented in a manner that recognizes individuals’ rights to academic freedom consistent with Article III of the Agreement between the University and the Southern New Hampshire University Professional Employees Association (SNHUPEA).

IV. Definitions

Business Day: A weekday that is not a weekend, University holiday, or a day the University is closed.

Complaint: A written or oral statement filed in accordance with the procedures set forth in this policy that can be objectively understood as an allegation of Prohibited Conduct. 

Complainant: An individual who has filed a Complaint of alleged Prohibited Conduct under this policy.

Discrimination: Conduct that is based upon an individual’s Protected Class (as defined below) and that:

• adversely affects a term or condition of the individual’s employment;
• is used as the basis or factor in decisions affecting the individual’s employment;
• excludes the Complainant from participating in, be denied the benefits of, or be subjected to unequal treatment in any educational program or activity offered by the University; or
• occurs in a place of public accommodation operated by the University, such as the library, dining facilities, or recreational spaces, and which results in the denial of full and equal enjoyment of goods, services, facilities, or privileges on the basis of the individual’s disability, consistent with the protections afforded under Title III of the ADA.

Harassment: Unwelcome conduct based on an individual’s actual or perceived status as a member of a Protected Class, which is so severe or pervasive that a reasonable person would find it objectively offensive, and which has the purpose or effect of: (1) unreasonably interfering with the individual's work, academic performance, or participation in University programs or activities; (2) creating an intimidating, hostile, or offensive environment; or (3) denying or limiting the individual's equal access to education, employment benefits, or opportunities.

Protected Activity: Includes, but is not limited to, filing a Complaint under this policy; testifying, assisting, or participating in an investigation, proceeding, or hearing pursuant to this policy; opposing discriminatory practices or policies; requesting accommodations for disabilities, pregnancies, or religious practices; or engaging in concerted activity related to workplace conditions.

Protected Class: A personal characteristic that includes race, color, creed, ethnicity, sex, religion, national origin (including shared ancestry), citizenship, marital or parental status, disability (including intellectual disability), age, gender, gender identity or expression, sexual orientation, pregnancy, veteran/military status, genetic information, natural or protective hairstyles in the employment context, or any other characteristic protected by law.

Respondent: The individual(s) alleged to have engaged in Prohibited Conduct in a Complaint filed under this policy.

Retaliation: Includes, but is not limited to, intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by law or this policy, or because the individual engaged in Protected Activity.

Sexual Misconduct: a range of unwelcome conduct of a sexual nature occurring without consent and as further defined in the University’s Sexual Misconduct Policy including sexual exploitation, sexual harassment, sexual assault, relationship violence (including domestic violence and dating violence), or stalking.

V. Prohibited Conduct

1. Discrimination

Disparate treatment Discrimination occurs when an individual is treated differently because of the individual’s actual or perceived status as a member of a Protected Class without a legitimate, nondiscriminatory reason.

The examples below are intended to illustrate situations where Prohibited Conduct may rise to the level of a policy violation; however, that determination is highly fact-specific and based on the particular circumstances of each case. These examples are intended solely for illustrative purposes and will not include all possible violations of this policy. Examples of such Prohibited Conduct include, but are not limited to:

• Failing or refusing to hire or discharging an individual due to the individual’s age;
• Denying an employee a promotion due to their gender;
• A Christian fellowship online student organization excludes a student from participating in the group because the student identifies as an atheist;
• Not allowing a student access to university services due to their race;
• Denying a student a study abroad opportunity due to their pregnancy;
• Grading a student less favorably due to their religious beliefs; or
• A campus instructor refuses to honor a student’s approved accommodation that provides the student with additional time to complete assignments, believing that doing so is unfair to other students.

Although most Complaints allege intentional acts of Discrimination, policies or actions that unintentionally negatively impact a Protected Class may also constitute Discrimination.  Disparate impact Discrimination occurs where a class-neutral policy or practice, applied even-handedly, affects persons differently based on their Protected Class without a substantial and legitimate justification.

2. Harassment/Hostile Environment

Harassment is unwelcome conduct that targets an individual based on their actual or perceived membership in a Protected Class and crosses the threshold of being more than merely offensive or inappropriate. When such conduct is persistent or pervasive enough that a reasonable person would view it as clearly unwelcome and disruptive, it may rise to the level of a policy violation. This includes actions that significantly disrupt a person’s ability to work, study, or participate in university life; foster an environment that feels threatening or degrading; or obstruct access to educational or employment-related opportunities.  Harassment can also include conduct directed at a person based on their perceived characteristics.

To create a hostile environment, the Harassment must, in most cases, consist of more than casual or isolated incidents. Whether harassing conduct creates a hostile environment is determined by the totality of the circumstances, including the context, nature, scope, frequency, duration, and location of the Harassment, as well as the identity, number, and relationships of the individuals involved.

Harassing acts need not be targeted at the Complainant to create a hostile environment. The acts may be directed at anyone, and the Harassment may also be based on association with others of a different Protected Class (e.g., the Harassment might be referencing the race of a sibling or parent, for example, that is different from the race of the individual being harassed whose access to the University’s program is limited or denied).

Examples of Harassment that could violate this policy include, but are not limited to:

• Making derogatory comments or jokes about someone’s age (e.g., the use of age-related slang or questioning their ability to do certain tasks because of their age);
• Harassing an individual based on their support for any group associated with conflicts based on ethnicity (e.g., making disparaging comments towards any individual who vocalizes support for one particular group);
• Ridiculing or belittling an individual because of a disability (e.g., imitating someone’s medical need or mocking a person’s physical disability).
• Negative comments made towards an individual based on assumptions of their ethnicity based on their name, color of their skin, or other preconceived notions about characteristics of members of a particular creed or ethnicity (e.g., making negative comments towards an individual regarding the individual’s perceived Jewish ancestry).

Complaints of petty slights, minor annoyances, or interpersonal disagreements, and isolated incidents, even if that behavior is rude, uncivil, or non-collegial, will generally not rise to a violation of this policy.

3. Retaliation

The University is committed to maintaining an environment free from Retaliation against any individual who, in good faith, engages in Protected Activity. Retaliation includes, but is not limited to, intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by law or this policy, or because the individual engaged in Protected Activity.

Examples of retaliatory actions include unjustified discipline, demotion, non-selection, or maliciously interfering with someone’s academic or professional pursuits. While good faith reports are protected, even if the allegations are ultimately not substantiated, knowingly making false statements or Complaints in bad faith is prohibited and may result in disciplinary action or appropriate sanctions consistent with other applicable University policies and procedures.

VI. Resolution Procedures

The University will reasonably, timely, and effectively respond to all Complaints of Prohibited Conduct covered by this policy. Although there is no deadline for filing a Complaint, the University’s ability to effectively address the concerns may be limited due to the passage of time based on the reduced availability or access to historical information. All Complainants are encouraged to file a Complaint as soon as is feasible to allow the University to effectively address concerns. If a policy violation is found, appropriate remedial action will be taken designed to eliminate the Prohibited Conduct, prevent its recurrence, and address its impact on affected individuals.

The following section describes how to file a Complaint and outlines the University’s process for reviewing and responding to Complaints filed under this policy.

1. Filing a Complaint

Any member of the University community may file a Complaint of Prohibited Conduct or retaliation. The University strongly encourages individuals to identify themselves when making a report, as doing so allows the University to conduct a more thorough and effective investigation. Each Complaint should contain a statement of facts and outline, as specifically as possible, the facts and circumstances that allege a violation of this policy. Complaints will be handled confidentially, though the University reserves the right to share information with appropriate University officials on a need-to-know basis to facilitate a thorough investigation and resolution.

The University generally permits the filing of anonymous Complaints; however, individuals should be aware that anonymous complaints may limit the University’s ability to conduct a meaningful investigation.

All Complaints, even those provided anonymously, will be evaluated by the appropriate University officials to determine whether to proceed under this or other applicable University policies. The University maintains various dedicated offices that are responsible for receiving and managing Complaints depending upon the status of the parties (e.g., student, employee, or third party). In situations where an individual is both a student and an employee, the University will make a fact-specific determination regarding which office will oversee the University’s response to any Complaints filed by or against that individual by considering relevant factors such as whether the individual’s primary relationship with the University is to receive an education, and whether the alleged Prohibited Conduct took place during the performance of duties related to their employment. Depending upon the facts and circumstances, these offices may coordinate and share information (in a manner consistent with FERPA and applicable laws) as may be deemed appropriate by University leadership. The University also reserves the right to refer any Complaint to a different office for investigation or utilize an external investigator if circumstances require.

The University may also initiate a review under this policy in the absence of a filed Complaint upon receiving actual or constructive notice of potential Prohibited Conduct.  

To determine how to file a Complaint, see below to find the appropriate University office and reporting mechanism:

• If you are an Online Student with concerns regarding any SNHU office or employee, you may file a complaint by completing the Student Dispute Form.
• If you are a Campus Student and have concerns about an SNHU employee, you may file a complaint by completing the Discrimination Complaint Form.
• If you are a Student, Employee, or Third Party and have concerns about a student, you may file a complaint by completing the Student Conduct Form.
• If you are an Employee or Third Party and have concerns about an SNHU employee, you may submit a Discrimination Complaint Form or contact your Human Resources Business Partner.

For concerns involving Sexual Misconduct, all individuals should contact the Title IX Office to file a complaint with the University’s Title IX Coordinator.

2. Supervisor Reporting Obligation

All employees, particularly members of management, are responsible for keeping the work environment free from discrimination and harassment. If a supervisor observes or receives information regarding an actual or alleged incident of Discrimination or Harassment (including allegations of sexual Harassment or sexual misconduct), the supervisor is required to report the incident immediately using the reporting procedures outlined above.  Any supervisor who is made aware of Discrimination or Harassment and fails to report it may be subject to disciplinary action, up to and including termination of employment.

3. Timeframe for Filing a Complaint

The University encourages immediate reporting of any instance of suspected Prohibited Conduct. A Complaint should be filed as soon as possible after an incident occurs. Complaints that are not timely filed may limit the University’s ability to conduct a prompt or thorough review.

4. Grievance Procedures for Disability-Related Complaints

The University is dedicated to providing equal access to individuals with disabilities in accordance with Section 504 of the Rehabilitation Act of 1973 (504) and Title III of the Americans with Disabilities Act of 1990 (ADA), as amended by the Americans with Disabilities Act Amendments Act of 2008. Discrimination on the basis of disability, as well as disability-based Harassment, is expressly prohibited. This includes instances where there is a failure to provide reasonable accommodations to qualified individuals with disabilities, or where accommodations are provided in a manner inconsistent with applicable laws and University policies.

It is also the policy of the University to provide reasonable accommodations to persons with disabilities unless such accommodations would impose an undue burden or fundamental alteration to the program in question; or for employees, would unreasonably interfere with the performance of the position’s essential functions.

The University has adopted grievance procedures to promptly and equitably resolve Complaints that allege Discrimination on the basis of disability, including the following types of concerns:

• Complaints by a student of a failure or refusal to provide or implement approved reasonable accommodations;
• Student concerns about the adequacy or timeliness of such accommodations or related processes;
• Complaints by a student or University community member that they have been subjected to Discrimination or Harassment on the basis of a disability; or
• Accessibility barriers (i.e., physical or technological features or spaces within the SNHU community that are unexpectedly inaccessible to people with disabilities), where submission through the Accessibility Barrier Report Form has not resulted in a timely or effective resolution and the barrier has led to a denial of access to a University program, activity, or service.

Individuals covered by this policy who believe they have been subject to any of the above-referenced actions are encouraged to review the ADA/504 Informal and Formal Grievance Procedures (“ADA Grievance Procedures”), which outline the process for raising and resolving disability-related concerns in a prompt and equitable manner.

The ADA Grievance Procedures do not apply to complaints by employees about a workplace accommodation or a decision related to a workplace accommodation, which are instead handled in accordance with the appeal process outlined in the Handbook. In addition, Complaints by an employee that they have been subjected to Discrimination or Harassment on the basis of disability will be reviewed and investigated in accordance with the Resolution Procedures outlined in this policy. If an employee is unsure which process may apply to their particular situation, they should contact their Human Resources Business Partner for guidance.

5. The Investigation

Within a reasonable timeframe of receiving a Complaint, the University office charged with overseeing the University’s response to the Complaint will notify the Respondent, if applicable, and appoint an investigator or investigators to initiate an investigation. During the investigation, each notified party will have the opportunity to provide evidence and suggest witnesses.

Interim or supportive measures may be available to either party, depending on the nature of the Complaint and at the discretion of the University. Supportive measures are individualized, non-punitive measures offered to provide support and/or to restore or preserve equal access to the University’s educational programs. All questions surrounding supportive or interim measures should be directed to the office or investigator assigned to investigate the Complaint.

6. Standard of Evidence

Whether a party violated this policy will be determined based on a preponderance of the evidence, meaning whether it is more likely than not that a policy violation occurred. The University operates under the assumption that a Respondent is not responsible for the alleged  policy violation unless and until a decision-maker determines that it is more likely than not that the Respondent violated this policy.

7. Investigation Outcome

The University office overseeing the Complaint will provide an outcome letter of its findings to the notified parties within sixty (60) business days, to the extent permitted by state and federal privacy laws. This deadline may be extended for good cause. The outcome letter will include, at a minimum, a determination of whether the allegations of Discrimination, Harassment, or Retaliation were unfounded, founded, or partially founded.

For Complaints involving student Respondents, an outcome letter will be issued in accordance with the policies outlined in the Student Handbook.

In all cases, following a finding that Prohibited Conduct occurred, the University will take prompt and appropriate remedial action designed to eliminate the conduct, prevent its recurrence, and address its effects on the Complainant and any other affected individuals. Examples of measures that may be available to redress the effects of conduct in violation of this policy may include, but are not limited to, University-wide training initiatives, altered work or class schedules, instituting safety measures, referral to counseling, or diversity initiatives/programming. Moreover, employees found in violation of this policy may be subject to disciplinary action, up to and including termination of employment, or other appropriate remedial action. Students found in violation of this policy may be subject to sanctions, up to and including dismissal from the University, in accordance with the conduct process outlined in the Student Handbook.

8. Appeals


1. Appeal Rights

Except as otherwise provided in this Section G, a Complainant or Respondent (if provided formal notification of the Complaint) may appeal the findings of an investigation conducted under this policy following the individual’s receipt of the outcome letter. Appeals must be submitted in writing within ten (10) Business Days of receipt of the outcome letter. An appeal must specify the particular substantive and/or procedural basis for the appeal, and must be made on grounds other than general dissatisfaction with the current resolution. The appealing party must specify:

1) Why they believe that the factual information considered was incomplete, and/or
2) Why the analysis of the facts was incorrect, and/or
3) How the appropriate standard was not applied; and
4) How this should change the University’s determination of the matter

Upon receipt of a timely filed appeal, the University will designate an Appeals Officer who has not been directly involved in the investigation of the Complaint. The Appeals Officer will review the merits of the appeal, relevant information from the investigation, and may involve other University officials as deemed necessary. A copy of the Appeal Officer’s written decision will be sent to the appealing party’s SNHU email account within a reasonable timeframe. The decision of the Appeals Officer is final.

For employees, the appeal may be submitted to the Human Resources Business Partner identified in the outcome letter. The appeals process for employees is separate from, and in no way limits, the rights of individuals covered under the Agreement between SNHU and SNHUPEA.

For students, the appeal may be submitted by completing the Dispute Resolution Appeals form.

2. Student Appeals of matters handled by the Office of Community Standards

In situations where the Office of Community Standards has completed an investigation under this policy, the appeals process for impacted students is outlined in the Student Handbook.

3. Appeals of Disability-Related Complaints

The appeals process for disability-related complaints is outlined in the ADA/504 Informal and Formal Grievance Procedures.

V. Record Keeping

The University will keep all files and records relating to Complaints for seven years.  Each respective University Office will maintain these records according to the University’s Records Retention policy.

VI. Responsibility for Maintenance of this Policy

The University’s Title IX Coordinator/Equity Officer holds primary responsibility for the maintenance of this policy. Questions and concerns about this policy may be addressed to the University’s Title IX Coordinator/Equity Officer:

Kristin Scaduto
k.scaduto@snhu.edu
titleix@snhu.edu
603.644.3188
Campus Office: William S. and Joan Green Center for Student Success (“Green Center”)
Suite 118B

VII. Filing External Complaints with Appropriate Agencies

Nothing in this policy prevents a community member from filing a Complaint with local, state, or federal agencies or local police departments. The University will proceed with its internal investigation regardless of whether such an external Complaint has been filed.

Complaints may be filed with any state or federal agency, including but not limited to:

United States Department of Education, Office for Civil Rights
400 Maryland Avenue, SW
Washington, DC 20202
800.421.3481

Email: OCR@ed.gov

New Hampshire Department of Education
25 Hall Street
Concord, New Hampshire 03301
603.271.3494

United States Equal Opportunity Commission
Boston Regional Office
JFK Building – 15 New Sudbury Street
Room 475
Boston, MA 02203
1.800.669.4000

New Hampshire Commission for Human Rights
57 Regional Drive, Suite 8
Concord, New Hampshire 03301
Phone: 603.271.2767
Email: humanrights@hrc.nh.gov

Local Police with Jurisdiction over SNHU campus and offices
Hooksett Police Department
15 Legends Drive
Hooksett, NH 03106
603.624.1560

Manchester Police Department
405 Valley Street
Manchester, NH 03106
603.668.8711

VIII. Resources for Community Members

1. Student Resources

SNHU Wellness Center
SNHU’s Wellness Center, located in the Robert A. Freese Student Center at 2500 N. River Road, Manchester, New Hampshire is accessible to all campus students. Students can access basic, non-emergent medical treatment, including mental health counseling, during normal business hours either by appointment or as a walk-in. During after-hours, students can utilize the Student Assistance Program for counseling services.

Student Assistance Program (Mantra Care Hub) (online & campus students)
The Mantra Care Hub is a personalized, digital platform that enhances access to mental health and wellness services for students. The Hub provides access to therapy, coaching, and peer support, as well as resources for basic needs support.

Students can access Mantra Health at:

• com/SNHU and login using your SNHU credentials or
• Download the Mantra Health App from your mobile device app store.

Mantra Health also offers a 24/7 crisis hotline that can be accessed via telephone at 833.589.0141

2. Employee Resources

Employee Assistance Program
Full and half-time University employees have access to the Employee Assistance Program (EAP) offered through Anthem, which provides assessment and referral for a wide range of concerns facing employees.

Anthem EAP

1.800.647.9151

Ombuds Service
The University uses an Ombuds Service to provide an independent, confidential, and informal resource for SNHU employees to assist with work-related conflicts. The Ombuds does not provide counseling services or legal advice. Please note that while this service is confidential, the Ombuds are required to share information if it is determined that an imminent threat of serious harm exists, or if there is suspicion of abuse, and such determination is at the sole discretion of the Ombuds team. Please also note that due to the confidential nature of the Ombuds service, reports made to the Ombuds are not considered Complaints of Prohibited Conduct under this policy and will not initiate any investigation under this Policy.  To ensure the University receives notice of your Complaint, and to initiate the resolution procedures as outlined above, please file your Complaint following the steps outlined in section VI) A. above.

Related Policies:

Sexual Misconduct Policy

Professional Expectations Policy

Personal Relationships Policy

To determine how to file a Complaint, see below to find the appropriate University office and reporting mechanism:

• If you are an Online Student with concerns regarding any SNHU office or employee, you may file a complaint by completing the Student Dispute Form.
• If you are a Campus Student and have concerns about an SNHU employee, you may file a complaint by completing the Discrimination Complaint Form.
• If you are a Student, Employee, or Third Party and have concerns about a student, you may file a complaint by completing the Student Conduct Form.
• If you are an Employee or Third Party and have concerns about an SNHU employee, you may submit a Discrimination Complaint Form or contact your Human Resources Business Partner.

For concerns involving Sexual Misconduct, all individuals should contact the Title IX Office to file a complaint with the University’s Title IX Coordinator.