Frequently Asked Questions
These Frequently Asked Questions ("FAQs") were created to help members of the Columbia community better understand the Anti-Discrimination and Discriminatory Harassment Policies & Procedures for Students ("the Student Policy") and the Anti-Discrimination and Discriminatory Harassment Policies & Procedures for Faculty & Staff ("the Faculty & Staff Policy"), and, in particular, the Discrimination & Discriminatory Harassment Policies section of the Faculty & Staff Policy framework. They explain core definitions, scope, and how Discrimination and Discriminatory Harassment may be evaluated in different contexts. Our goal is to promote shared understanding, support academic freedom, and help maintain an inclusive learning, working, and living environment.
You can click [Scenarios] to view examples showing how the Student Policy and the Faculty & Staff Policy may apply in practice. While these examples are not exhaustive, they are designed to clarify the general principles used to evaluate Discrimination and Discriminatory Harassment under the Policies.
If you cannot find the information you need here or elsewhere on the Office of Institutional Equity’s ("OIE" or "the Office") website, please contact the Office at [email protected] or 212-854-5511. The OIE team is always happy to answer questions, discuss options, and connect you with supportive resources.
Faculty & Staff Policy General FAQs
- To whom do the Policies apply?
- What Prohibited Conduct falls under the Policies?
- Where can the Discrimination & Discriminatory Harassment Policies apply?
- What do the Discrimination & Discriminatory Harassment Policies prohibit?
- What Protected Classes are covered under the Discrimination & Discriminatory Harassment Policies?
- What is Discrimination under the Discrimination & Discriminatory Harassment Policies?
- What does "perceived membership in a Protected Class" mean under the Discrimination & Discriminatory Harassment Policies?
- What are examples of Discrimination under the Discrimination & Discriminatory Harassment Policies?
- Can a Columbia faculty member or other University employee block access to a public space on University property on the basis of an individual's protected characteristic?
- What is Discriminatory Harassment under the Discrimination & Discriminatory Harassment Policies?
- What is a Hostile Environment?
- What are examples of conduct that could constitute Discriminatory Harassment under the Discrimination & Discriminatory Harassment Policies?
Discrimination & Discriminatory Harassment Policies Online Conduct FAQs
- Does the Discrimination & Discriminatory Harassment Policies apply to social media and other online activity?
- What policies apply to online conduct that falls outside the Discrimination & Discriminatory Harassment Policies?
- Does OIE monitor or control what I post online?
- Do the Discrimination & Discriminatory Harassment Policies cover doxing or online harassment?
Protected Classes and Interpretive Resources
- How does OIE evaluate whether conduct may constitute Discrimination or Discriminatory Harassment?
- What laws, principles, and guidance inform OIE’s analysis?
- Are different Protected Classes evaluated under different standards?
- How does OIE account for context when evaluating Reports involving antisemitism?
- How does OIE account for context when evaluating Reports involving Islamophobia or Anti-Arab bias?
- How does OIE account for context when evaluating Reports involving other forms of Discrimination prohibited by OIE Policy?
Discrimination & Discriminatory Harassment Policies Process and Investigations
- How can I report Discrimination, Discriminatory Harassment, or Retaliation by a Columbia University employee?
- What if my concern is not Discrimination or Discriminatory Harassment?
- Who can submit a Report under OIE Policies?
- Can someone submit a Report about conduct they did not personally witness or experience?
- Is OIE a confidential resource?
- What happens when OIE receives a Report?
- What does OIE consider during its initial review?
- Why might OIE dismiss a Report after the initial review?
- How does OIE resolve Reports that fall within its purview?
- Will faculty be consulted on OIE cases?
- What happens during a Formal Investigation?
- Are Parties and Witnesses required to be truthful, and what happens if someone makes an intentionally false Report?
- Can I use artificial intelligence (AI) tools during OIE’s resolution process?
- Can I bring an advisor to meetings with OIE?
- What happens if the University is asked to share records from a report or investigation?
Discrimination & Discriminatory Harassment Policies FAQs for Complainants
- What happens when I report a concern to OIE?
- Do I have to participate in OIE’s process if a Report is made by me or on my behalf?
- Will I learn about the outcome of a case?
Discrimination & Discriminatory Harassment Policies FAQs for Respondents
- What happens if a Report is made about me?
- Do I have to participate in OIE’s process if I am accused of violating the Policy?
Academic Freedom and Free Expression FAQs
- How does Columbia balance academic freedom and anti-discrimination obligations?
- What does academic freedom protect?
- What conduct is not protected by academic freedom?
- How does Executive Order 13899 apply to academic freedom?
- Does the University use these interpretive resources to restrict speech?
Faculty & Staff Policy General FAQs
To whom do the Policies apply?
The Policies apply to all Columbia University employees, including faculty and staff, as well as certain third parties such as alumni, retirees, contractors, subcontractors, consultants, volunteers, invitees, visitors, and individuals who reside in, occupy, or otherwise have the right to occupy University housing, including pursuant to a lease or sublease.
What Prohibited Conduct falls under the Policies?
The Policies address a wide range of Prohibited Conduct. They include:
- The Discrimination & Discriminatory Harassment Policies, which prohibit Discrimination, Discriminatory Harassment, Sexual Harassment, Sexual Misconduct, based on a Protected Class, and Retaliation.
- Related Policy prohibitions, which address additional obligations and misconduct, including false Reports, failure to comply with Interim Measures, Intentional Interference, Duty to Report and Duty to Act obligations, Romantic and Sexual Relationships Policies, and disability, pregnancy, and religious accommodations.
- The Title IX Grievance Process, which governs Title IX Prohibited Conduct and the specific procedures under federal regulations.
Where can the Discrimination & Discriminatory Harassment Policies apply?
The Discrimination & Discriminatory Harassment Policies apply to alleged Prohibited Conduct occurring on University property, including through University technology resources. It may also apply to conduct occurring off University property, including online, where the conduct (1) is connected to a University program, activity, operation, or University-recognized function; (2) targets, affects, or involves a member of the University community in a manner that may affect their employment, education, participation, or access to University resources, opportunities, or benefits; (3) may create or contribute to a Hostile Environment or otherwise interfere with an individual’s ability to work, study, participate in, or benefit from University programs or activities; or (4) otherwise has a sufficient nexus to the University’s mission, operations, community safety, residential environment, or non-discrimination obligations.
The University may also address conduct that began outside the scope of the Policy but continued into, was repeated within, or produced continuing effects within the University community or University environments.
What do the Discrimination & Discriminatory Harassment Policies prohibit?
The Discrimination & Discriminatory Harassment Policies prohibit Discrimination, Discriminatory Harassment, Sexual Harassment, and Sexual Misconduct, based on a Protected Class, as well as Retaliation.
What Protected Classes are covered under the Discrimination & Discriminatory Harassment Policies?
Under the Discrimination & Discriminatory Harassment Policies, Discrimination and Discriminatory Harassment are prohibited on the basis of any characteristic protected by federal, state, or local law. This may include:
Age (including individuals of all ages, consistent with applicable federal, state, and local law); alienage or citizenship status; arrest or conviction record; caregiver status; caste; color; credit history; creed; disability; familial status; genetic predisposition or carrier status; height, weight or the combination of height and weight (body size); gender; gender expression; gender identity; lactation accommodation; marital status; national origin (including shared ancestry, ethnic characteristics, or citizenship or residency in a country with a dominant religion or distinct religious identity); pregnancy; race; religion; salary history; sex; sexual orientation; sexual or reproductive health decisions; status as a victim of domestic violence, stalking, or sex offenses; unemployment status; veteran or active military status (including service in the uniformed services of the United States, as protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA)); or any other protected characteristic as established by law.
What is Discrimination under the Discrimination & Discriminatory Harassment Policies?
Discrimination means treating someone less favorably because of their actual or perceived membership in, or association with, a Protected Class. It may also occur when a neutral policy or practice has a disproportionate and unjustified adverse impact on members of a particular Protected Class. Under the Discrimination & Discriminatory Harassment Policies, Discrimination includes treating someone differently in a University program or activity without a legitimate, nondiscriminatory reason in a way that denies or limits their ability to participate in or benefit from Columbia’s services, activities, or privileges.
What does "perceived membership in a Protected Class" mean under the Discrimination & Discriminatory Harassment Policies?
"Perceived membership" means that conduct can violate the Discrimination & Discriminatory Harassment Policies even if the assumption about a person’s protected characteristic is incorrect. If someone is targeted, excluded, or harassed because others believe they belong to a Protected Class, or associate them with one, that conduct is treated the same as if the person actually had that characteristic. Discrimination and Discriminatory Harassment based on perception or association is therefore covered under the Discrimination & Discriminatory Harassment Policies to the same extent as conduct based on an actual protected characteristic.
What are examples of Discrimination under the Discrimination & Discriminatory Harassment Policies?
Discrimination can include excluding individuals from groups, activities, or opportunities, or otherwise treating someone differently because of an actual or perceived protected characteristic. This may involve differential treatment based on skin color, physical features, or styles of dress associated with ethnic or religious traditions.
Can a Columbia faculty member or other University employee block access to a public space on University property on the basis of an individual's protected characteristic?
No. The Discrimination & Discriminatory Harassment Policies define Discrimination to "[include] treating an individual differently on the basis of their actual or perceived membership in, or association with, a protected class in the context of an educational program or activity without a legitimate, nondiscriminatory reason so as to deny or limit the ability of the individual to participate in or benefit from Columbia’s services, activities, or privileges." Therefore, if a faculty member or employee were to block access to a space on Columbia’s premises that is otherwise open to all members of the community—whether a building or an outdoor space—on the basis of an individual’s protected characteristic, that would run afoul of Columbia's policies.
What is Discriminatory Harassment under the Discrimination & Discriminatory Harassment Policies?
Discriminatory Harassment is unwelcome verbal or physical conduct based on a person’s actual or perceived membership in, or association with, a Protected Class that creates or contributes to a Hostile Environment, alters the conditions of employment or education, or unreasonably interferes with the person’s work, academic performance, or ability to participate in or benefit from the University’s educational programs or activities.
What is a Hostile Environment?
A Hostile Environment is a working, learning, or campus living environment that, based on the totality of the circumstances, limits or denies an individual’s ability to participate in or benefit from the University’s educational programs, activities, employment opportunities, research activities, or campus living environment.
What are examples of conduct that could constitute Discriminatory Harassment under the Discrimination & Discriminatory Harassment Policies?
Discriminatory Harassment can include slurs, negative stereotyping, threats or intimidation, denigrating jokes, insulting or obscene comments or gestures, calls for violence, or the display or circulation of offensive materials.
Expression about a country’s policies or practices, by itself, does not violate the Discrimination & Discriminatory Harassment Policies. However, if such expression targets people from, or associated with, a particular protected group, or uses discriminatory language, it may fall within the Discrimination & Discriminatory Harassment Policies.
Discrimination & Discriminatory Harassment Policies Online Conduct FAQs
Do the Discrimination & Discriminatory Harassment Policies apply to social media and other online activity?
Yes. Online conduct can fall within the Discrimination & Discriminatory Harassment Policies. The Policies apply to conduct occurring through University networks, servers, email systems, learning platforms, and other University technology resources. It may also apply to conduct occurring through social media, non-Columbia platforms, electronic communications, or other media where the conduct (1) is connected to a University program, activity, operation, or University-recognized function; (2) targets, affects, or involves a member of the University community in a manner that may affect their employment, education, participation, or access to University resources, opportunities, or benefits; (3) may create, contribute to, or result in a Hostile Environment or otherwise interfere with an individual’s ability to work, study, participate in, or benefit from University programs or activities; or (4) otherwise has a sufficient nexus to the University’s mission, operations, community safety, residential environment, or non-discrimination obligations. The University may also address online conduct that began outside the scope of the Policies but continued into, was repeated within, or produced continuing effects within the University community or University environments.
What policies apply to online conduct that falls outside the Discrimination & Discriminatory Harassment Policies?
When conduct falls outside the scope of the Discrimination & Discriminatory Harassment Policies, other University policies may still apply, including the Anti-Doxing and Online Harassment Policy, the Workplace Violence Policy, the University’s IT Acceptable Use Policies, and Human Resources policies governing professional conduct. In addition, if online conduct raises concerns about workplace safety, professionalism, or well-being, even if it is characterized as "private," other University offices, such as Human Resources, Public Safety, Faculty Affairs, or a school or department, may become involved.
Does OIE monitor or control what I post online?
No. OIE does not monitor or control what individuals post online. However, OIE may assess and respond to Reports concerning online conduct when the conduct falls within the scope of the Discrimination & Discriminatory Harassment Policies.
Do the Discrimination & Discriminatory Harassment Policies cover doxing or online harassment?
Under the Discrimination & Discriminatory Harassment Policies, doxing or online harassment may fall within the Discrimination & Discriminatory Harassment Policies when the conduct constitutes Discrimination, Discriminatory Harassment, Sexual Misconduct based on a protected characteristic, or Retaliation. In other words, the Discrimination & Discriminatory Harassment Policies apply when there is a nexus between the online conduct and a protected characteristic, or when the conduct otherwise meets the Discrimination & Discriminatory Harassment Policies’ definitions. Prohibited Conduct may include posting or disseminating personal information in a manner that targets individuals based on a protected characteristic; coordinating or encouraging online harassment connected to a protected characteristic; sharing images, recordings, or personal data to intimidate or target individuals because of their protected status; using digital tools to stalk, threaten, or harass someone on the basis of a protected characteristic; or retaliating online against a participant in an OIE process.
Protected Classes and Interpretive Resources
How does OIE evaluate whether conduct may constitute Discrimination or Discriminatory Harassment?
OIE evaluates all Reports using the same Policy framework, regardless of the protected characteristics involved. Each reported incident or course of conduct is assessed on a case-by-case basis, based on the totality of the circumstances and all relevant objective and subjective factors. No single factor is dispositive. Factors OIE may consider include:
- Whether the reported conduct was based on an individual’s or group’s actual or perceived membership in, or association with, a Protected Class;
- The nature and severity of the conduct, including whether it involved expressions of hatred or calls for violence against a Protected Class;
- Whether the conduct was intended or likely to incite violence, Discrimination, or Discriminatory Harassment, or to create or contribute to a Hostile Environment;
- The frequency, duration, and location of the conduct, and the identity, number, and relationships of the persons involved;
- Whether the conduct was directed at an identifiable individual or group, including, in the case of social media, one or more University Affiliates;
- Whether the Complainant could have avoided the conduct without limiting their access to University programs or activities;
- Whether there was a difference in status or authority between the Respondent and Complainant;
- Whether the conduct impeded or limited the Complainant’s participation in or ability to benefit from a University program or activity; and
- Whether the conduct, even if offensive, constitutes expression on political, social, or similar topics or an exercise of academic freedom.
In making its determination, OIE considers both objective factors, including whether a reasonable person would find the conduct to constitute Discrimination or Discriminatory Harassment, and subjective factors, including how the Complainant actually perceived the conduct. The offensiveness of an expression, standing alone, is not sufficient to create a Hostile Environment.
This approach reflects long-standing federal, state, and local anti-discrimination principles, including those articulated through the U.S. Department of Education’s Office for Civil Rights’ (OCR) Title VI and Title IX regulations, guidance, and Dear Colleague Letters, as well as parallel obligations under Title VII, the ADA, Section 504, and other applicable laws.
What laws, principles, and guidance inform OIE’s analysis?
OIE relies first and foremost on federal, state, and local anti-discrimination law, including:
- Title VI of the Civil Rights Act of 1964;
- Title VII of the Civil Rights Act of 1964;
- Title IX of the Education Amendments of 1972;
- Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA);
- The New York State Human Rights Law;
- The New York City Human Rights Law;
- Regulations, policy guidance, and Dear Colleague Letters issued by OCR, including guidance addressing hostile environment harassment, shared ancestry discrimination under Title VI, and institutional obligations to respond promptly and equitably.
Where relevant to understanding context, intent, or impact, OIE may also consult widely recognized interpretive frameworks. These resources are used for contextual guidance only; they do not replace individualized analysis or establish binding definitions. Rather, they may assist in illustrating how discriminatory conduct has manifested in different contexts.
Accordingly, the adjudication of possible violations of this Policy will take into account that expression occurring in an academic, educational or research context is considered a special case and is broadly protected by academic freedom, and that such expression will not constitute harassment unless it: (a) satisfies all of the requisite elements, (b) targets a specific person or persons, and (c) serves no bona fide academic purpose.
Are different Protected Classes evaluated under different standards?
No. The same Policy provisions, evaluative standards, and analytical framework apply to all Protected Classes. No form of Discrimination or Discriminatory Harassment is prioritized, minimized, or evaluated under a separate or heightened standard.
How does OIE account for context when evaluating Reports involving antisemitism?
When reviewing Reports that may involve antisemitism, OIE applies the same Discrimination and Discriminatory Harassment framework used for all Protected Classes under OIE-administered Policies applicable to students, faculty, and staff. The analysis focuses on whether the reported conduct targeted an individual or group based on actual or perceived religion, ethnicity, national origin, or shared ancestry, and whether the conduct may have had the purpose or effect of limiting or denying equal access to University programs, activities, employment, or housing.
Consistent with guidance from OCR, OIE evaluates each Report based on the totality of the circumstances, including context, pattern, and cumulative impact.
Where relevant to understanding context, OIE may consult widely recognized interpretive or educational resources describing how antisemitism has manifested historically and currently. These resources may include:
- Executive Order 13899 (Combating Antisemitism), which directs federal agencies enforcing Title VI to consider certain interpretive resources when evaluating antisemitic discrimination;
- The International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism, and its accompanying examples to the extent that any such examples might be useful as evidence of discriminatory intent;
- Columbia University’s Task Force on Antisemitism non-punitive working definition of antisemitism;
- Additional widely recognized definitions of antisemitism, such as the Jerusalem Declaration on Antisemitism.
These materials are not binding Policy definitions, are not used to set or determine disciplinary outcomes, and do not substitute for the required analysis. Any examples contained in such resources are used only as contextual illustrations to assist in assessing potential discriminatory intent or impact, consistent with OCR guidance and the University’s commitment to protecting lawful expression.
How does OIE account for context when evaluating Reports involving Islamophobia or anti-Arab bias?
When reviewing Reports that may involve Islamophobia or anti-Arab bias, OIE applies the same Discrimination and Discriminatory Harassment framework used for all Protected Classes, under OIE-administered Policies applicable to students, faculty, and staff. The analysis focuses on whether the reported conduct targeted an individual or group based on actual or perceived religion, ethnicity, national origin, or shared ancestry, and whether the conduct may have had the purpose or effect of limiting or denying equal access to University programs, activities, employment, or housing.
Consistent with guidance from OCR, OIE evaluates each Report based on the totality of the circumstances, including context, pattern, and cumulative impact.
Where relevant to understanding context, OIE may consult interpretive materials commonly considered by higher-education institutions describing how Islamophobia or anti-Arab bias has manifested historically and contemporaneously. These resources may include:
- The All-Party Parliamentary Group (APPG) report Islamophobia Defined, which provides explanatory discussion and illustrative examples of how Islamophobia may appear in social and institutional contexts;
- Educational materials and public resources published by organizations such as the Council on American-Islamic Relations (CAIR), which describe common forms and examples of anti-Arab bias.
These materials are not binding Policy definitions, do not set disciplinary standards, and do not replace the required analysis. Any examples contained in such resources are used only as contextual illustrations to assist in assessing potential discriminatory intent or impact, consistent with OCR guidance and the University’s commitment to protecting lawful expression.
How does OIE account for context when evaluating Reports involving other forms of Discrimination prohibited by OIE Policy?
When evaluating Reports involving racism, anti-Black bias, anti-Asian bias, ableism, sexism, homophobia, transphobia, or any other form of Discrimination prohibited under OIE-administered Policies for students, faculty, and staff, OIE relies on the same Discrimination and Discriminatory Harassment framework described above. The analysis considers whether the reported conduct was directed at an individual or group because of a protected characteristic, including one that may have been perceived or attributed, and whether the conduct may have resulted in restricted or unequal access to University programs, activities, employment, or housing.
Consistent with OCR guidance, OIE reviews each Report in light of the full factual context, including relevant circumstances, patterns of behavior, and cumulative impact.
Where helpful for understanding context, OIE may consult interpretive or educational materials commonly considered by higher-education institutions that describe how different forms of Discrimination and bias have historically manifested. Depending on the nature of the Report, these materials may include, for example:
- International and treaty-body guidance on racial discrimination, such as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and General Recommendations of the UN Committee on the Elimination of Racial Discrimination (CERD);
- Educational resources addressing racism and racial identity, including narrative explanations of how bias, stereotypes, or exclusion may operate in everyday and institutional settings;
- Interpretive materials addressing anti-Asian bias, including civil-rights and educational resources describing common patterns such as "perpetual foreigner" stereotypes, scapegoating, and national-origin-based targeting;
- Human-rights and disability-rights materials addressing ableism, including examples of prejudice, stereotyping, and exclusion related to disability;
- Human-rights policies addressing sexual orientation, gender identity, and gender expression, which provide contextual descriptions and examples of discrimination and harassment based on these characteristics;
- International interpretive frameworks on sexual orientation and gender identity, which explain how existing human-rights standards apply to issues affecting LGBTQ+ communities and describe recurring patterns of discrimination.
These types of educational and interpretive materials are commonly considered by higher-education institutions in training, guidance, and Title VI-related education to support understanding of discriminatory context, while maintaining a consistent analysis grounded in applicable policy. They are not binding definitions, do not set disciplinary standards, and do not modify the elements required to determine whether conduct constitutes Discrimination or Discriminatory Harassment under University Policy.
Discrimination & Discriminatory Harassment Policies Process and Investigations
How can I report Discrimination, Discriminatory Harassment, or Retaliation by a Columbia University employee?
To report an incident connected to Columbia University, go to OIE’s website and click Report a Concern, or email [email protected]. Reports may involve behavior that you experienced, witnessed, or learned about. Once a Report is received, OIE reviews it to determine the appropriate next steps under its Policies.
What if my concern is not Discrimination or Discriminatory Harassment?
Not every concern raised in the University community involves Discrimination or Discriminatory Harassment. In many situations, other University offices may be better positioned to address the issue quickly and effectively. Depending on the nature of the concern, you may wish to contact:
- Your school’s Dean of Students Office or Student Affairs Office;
- Department Chairs, Directors of Undergraduate/Graduate Studies, or Faculty Leadership;
- The Center for Teaching and Learning (CTL);
- University Life (UL);
- Human Resources (HR);
- The University Ombuds Office (Confidential Resource).
In some cases, these offices may also consult with OIE as appropriate.
Who can submit a Report under OIE Policies?
Under the OIE Policies, any person may submit a Report, regardless of whether they are a student, employee, alumnus, or otherwise affiliated with the University. Reports may come from students, faculty or staff, visitors or community members, and non-affiliate third parties. Submitting a Report helps the University understand potential concerns and meet its obligation to assess the information received and respond appropriately under the Policies.
Can someone submit a Report about conduct they did not personally witness or experience?
The University may receive Reports from any source, including individuals who did not personally witness or experience the alleged conduct. However, to assess the Report and determine whether any action can be taken, the University generally must be able to identify involved Parties and obtain sufficient information through interviews or other available evidence. Anonymous or secondhand Reports may limit the University’s ability to proceed if the information cannot be verified or investigated in a manner consistent with fairness and procedural integrity.
Is OIE a confidential resource?
OIE is not a confidential resource. However, the Office works to respect privacy and to share information only with those who have a legitimate need to know in order to carry out the University’s obligations under its Policies. Employees who wish to speak with someone confidentially may instead contact one of the University’s designated confidential resources, including the University Ombuds Office, Sexual Violence Response (SVR), the Employee Assistance Program (EAP), Medical Services, Mental Health Services, ordained clergy within University Pastoral Counseling, and Disability Services. For students, confidential resources include, among others, Sexual Violence Response (SVR), Counseling and Psychological Services, and the Ombuds Office.
What happens when OIE receives a Report?
OIE reviews each Report and determines the appropriate next steps based on the information available and the totality of the circumstances. OIE may contact the reporting individual or other individuals to gather additional information, discuss Supportive Measures, or determine whether the reported conduct falls within the scope of an applicable Policy. Depending on the circumstances, OIE may close the matter, refer it to another University office or process, or proceed through an available resolution process.
What does OIE consider during its initial review?
During the initial review, OIE considers the information available at the time and may evaluate factors such as whether the reported conduct, if true, could fall within the scope of an applicable University policy; whether the conduct appears connected to a protected characteristic; whether the reported conduct occurred within the University’s jurisdiction; whether the Respondent is identified or can reasonably be identified; whether there is sufficient information to proceed; and whether another University office or process may be better positioned to address the concern. In assessing whether reported conduct may constitute Discrimination or Discriminatory Harassment, OIE also considers the totality of the circumstances, including the nature, context, and seriousness of the conduct, as well as its potential impact on an individual’s access to or participation in a University program or activity. Each Report is reviewed individually and carefully based on the information available at the time.
Why might OIE dismiss a Report after the initial review?
A Report is simply a way to submit information for review. It does not mean that any formal process will ensue or that a Policy violation has occurred. OIE may dismiss a matter or particular allegations during or after its initial review if OIE lacks jurisdiction under the Policy; the alleged conduct, even if substantiated, would not constitute a violation of the Policy; or there is no reasonable basis to proceed with an investigation. This may include circumstances where there is insufficient information to suggest that the reported conduct may have been based on a Protected Class or activity, or where the evidence supports that the Respondent engaged in the reported conduct for non-discriminatory or non-retaliatory reasons.
When appropriate, OIE may still refer a concern to another University office or process that is better positioned to address it and provide information about supportive resources or other avenues for follow-up.
How does OIE resolve Reports that fall within its purview?
After a review of the allegations, OIE will determine the appropriate resolution option available based on the totality of the circumstances related to a Report. Not all resolution options may be available for each Report, and the Office reserves the right to make the final decision regarding the resolution of any Report. The factors that the Investigative Team may consider in making their determination of the appropriate resolution option(s) include, but need not be limited to:
- The nature of the alleged Prohibited Conduct; what type of behavior was engaged in, such as physical or verbal, comments, or emails;
- The severity of the alleged Prohibited Conduct;
- The potential Sanctions that might be imposed if a Respondent were to be found responsible for a Policy violation;
- The interest of the Parties to engage in any resolution process.
Will faculty be consulted on OIE cases?
In certain circumstances, in consultation with the Provost, faculty with expertise in a particular relevant field may be consulted to address academic freedom implications before the resolution process has concluded.
What happens during a Formal Investigation?
During a Formal Investigation, the Investigative Team often interviews the Parties and Witnesses, gathers documents, and reviews evidence. After the Investigation concludes, the team prepares an Investigative Report summarizing the facts, evidence, and analysis, along with a Determination Letter stating whether the Respondent is responsible for violating the Policy. OIE determines responsibility using a preponderance of the evidence standard.
Are Parties and Witnesses required to be truthful, and what happens if someone makes an intentionally false Report?
Yes. The Policy requires all Parties and Witnesses to be truthful, honest, and act in good faith throughout the resolution process. This expectation applies to interviews, written submissions, and any participation in proceedings under the Policy. Reports that are intentionally false or made in bad faith may constitute Retaliation or Intentional Interference, depending on the circumstances, including whether the conduct was intended to deter reporting, influence participation, or obstruct the resolution process. Such conduct may also be referred to the appropriate University office for further action. A Report is considered intentionally false or made in bad faith only when an individual knowingly provides false information or deliberately misrepresents material facts. This is a high standard and requires intent—not mistake, misunderstanding, or lack of proof.
Can I use artificial intelligence (AI) tools during OIE’s resolution process?
The use of generative artificial intelligence (AI) tools is not prohibited, but all written submissions must be meaningfully authored, reviewed, and adopted by the person submitting them and must reflect that person’s own knowledge, perspective, and good-faith participation in the process. The use of AI remains subject to the Policy’s requirements concerning confidentiality, integrity, accuracy, and good-faith participation.
AI may not be used to create impact statements or requests for re-admission, which are intended to be reflective in nature. If OIE has concerns about the use of AI or other external tools, it may take appropriate steps, including disregarding affected materials or requesting clarification about their authorship. These requirements do not limit disability-related reasonable accommodations approved by the Office of Disability Services.
Can I bring an advisor to meetings with OIE?
Yes. A Complainant and/or a Respondent may bring one advisor of their choice to any meeting or proceeding. For Title IX matters, the University will provide an attorney advisor at no cost. Unionized employees may choose their union representative as their single advisor.
What happens if the University is asked to share records from a report or investigation?
In accordance with University policy and applicable law, the University maintains records of reports and their resolution. The University responds to requests for information in a manner consistent with those requirements. Access to and disclosure of such information is limited to what is appropriate, necessary, and permissible under the specific circumstances of the request, including the scope of the request and applicable law.
If the University is required to produce materials in response to a governmental investigation or other valid legal process, it will comply with those obligations. Requests for records are reviewed and managed in accordance with University policy and applicable legal requirements. In doing so, the University will take reasonable steps to inform the receiving entity that the materials are sensitive and should be handled in a confidential manner, to the extent practicable and permitted by law.
In certain situations, such processes may compel disclosure, and failure to comply could result in legal consequences, including contempt proceedings.
Discrimination & Discriminatory Harassment Policies FAQs for Complainants
What happens when I report a concern to OIE?
Filing a Report or meeting with OIE does not automatically initiate a Formal Investigation. OIE will:
- Assess jurisdiction;
- Connect you with resources and accommodations through Case Management;
- Determine appropriate next steps with an Investigator.
Do I have to participate in OIE’s process if a Report is made by me or on my behalf?
No. You are not required to participate in an OIE process. You may choose not to move forward and may instead speak with OIE’s Case Management team solely to explore supportive resources, without pursuing any OIE-assisted resolution.
Will I learn about the outcome of a case?
Mandatory Reporters and Witnesses should not expect updates on case status or outcomes. Only the Complainant, Respondent, and the Respondent’s Supervisor are generally informed.
Discrimination & Discriminatory Harassment Policies FAQs for Respondents
What happens if a Report is made about me?
A Report does not automatically lead to a Formal Investigation. OIE will first assess jurisdiction and consult available information. If an OIE-assisted resolution is pursued, you will receive written notice.
Do I have to participate in OIE’s process if I am accused of violating the Policy?
Yes. Employees who are Respondents in matters within OIE’s jurisdiction are required to participate in the inquiry or Investigation.
Academic Freedom and Free Expression FAQs
How does Columbia balance academic freedom and anti-discrimination obligations?
Columbia University is committed to protecting academic freedom and freedom of expression while also ensuring that no member of the community is subjected to discrimination or harassment. These commitments coexist: the University must foster an environment that supports open intellectual inquiry and respects the dignity and rights of all students, faculty, and staff.
OIE’s Faculty & Staff Policy affirms that "[n]othing" in it "shall be construed to abridge academic freedom and inquiry, principles of free speech, or the University’s educational mission." Accordingly, the adjudication of possible violations of this Policy will take into account that expression occurring in an academic, educational or research context is considered a special case and is broadly protected by academic freedom, and that such expression will not constitute harassment unless it: (a) satisfies all of the requisite elements, (b) targets a specific person or persons, and (c) serves no bona fide academic purpose.
The Faculty Handbook further states: "The University seeks to provide a learning environment that promotes intellectual inquiry and analytical thinking. In pursuit of those goals and the objectives of their courses, faculty may find it necessary to engage their students in discussions about issues that are contentious and emotionally charged, to respond critically to students’ reasoning, and to challenge them to reexamine deeply held beliefs."
Similarly, the Office for Civil Rights (OCR) of the U.S. Department of Education has emphasized that: "Speech expressing views regarding a particular country’s policies or practices is protected by the First Amendment" unless "harassing conduct that otherwise appears to be based on views about a country’s policies or practices is targeted at or infused with discriminatory comments about persons from or associated with a particular country," in which case "then it may implicate Title VI and should be analyzed on a fact-dependent basis."
In short, Columbia’s Policies protect robust academic inquiry while prohibiting conduct that denies others equal access to education because of a Protected Class.
What does academic freedom protect?
Academic freedom protects the ability of faculty and students to engage fully in teaching, research, and discussion, including on difficult or controversial subjects; to examine and critique governments, institutions, ideologies, or belief systems where relevant to academic work; and to express political or scholarly viewpoints without the risk that disagreement will be treated as harassment. At the same time, academic freedom does not protect discriminatory or harassing conduct, and it does not relieve community members of their responsibilities under University policy.
What conduct is not protected by academic freedom?
Academic freedom does not extend to conduct that targets or denigrates individuals based on protected characteristics; excludes or disadvantages students because of identity or belief; compels students to adopt particular political or religious viewpoints; uses classroom authority to humiliate; or engages in stereotyping without a bona fide academic purpose. Protected expression does not extend to discriminatory conduct.
The Faculty Handbook also explains that faculty have professional and instructional obligations, including to "confine their classes to the subject matter covered by their courses" and "allow the free expression of opinions within the classroom that may be different from their own and … not permit any such differences to influence their evaluations of their students." Concerns regarding the instructional obligations of faculty members should not be directed to OIE but rather to the relevant school or department.
How does Executive Order 13899 apply to academic freedom?
Executive Order 13899 provides that federal agencies "shall consider" the non-legally binding IHRA working definition of antisemitism and accompanying examples of antisemitism "to the extent that" any such "examples might be useful as evidence of discriminatory intent," while also directing that these considerations must not infringe on rights protected under federal law or the First Amendment.
Accordingly, speech or teaching, even when controversial or offensive, is protected unless it becomes targeted harassment or discrimination. This principle applies to all protected classes.
Does the University use these interpretive resources to restrict speech?
No. As Acting President Shipman emphasized in July 2025, Columbia’s use of interpretive definitions, such as the IHRA and Columbia University Antisemitism Task Force definitions and APPG and CAIR materials, is intended to clarify the application of existing law and policy. Nothing in the University’s approach limits free speech, academic freedom, or the University’s educational mission. Columbia encourages robust debate and disagreement while also emphasizing professional responsibility and respect for the rights and dignity of all community members.
