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Policy Against Sexual Harassment
Sexual harassment is
illegal.
As Chancellor, I take
this opportunity to reaffirm the University’s commitment to
maintaining an employment and academic environment free from all
forms of exploitation, intimidation, or harassment, including sexual
harassment. The City University of New York does not tolerate sexual
harassment. It is demeaning, offensive, illegal, and prohibited by
University policy.
Every student, faculty
member, staff member, and administrator is encouraged to become
aware of and to support the University’s Policy Against Sexual
Harassment. To this end, CUNY provides an interactive computer
online course and mastery test to inform all members of the
University community about sexual harassment - what it is and how to
prevent it in academic and workplace settings. A copy of the
University’s Policy Against Sexual Harassment is available for
printing during the program. Revised and adopted by the Board of
Trustees in 2004, the policy defines sexual harassment, provides
examples of prohibited conduct, discusses penalties for offenders,
and establishes procedures for handling complaints.
The University strives
to foster a harassment-free environment - one in which all its
members can work, study, and learn in an atmosphere of courtesy and
mutual respect. As a supervisor or administrator/faculty
member/member of the University community, you have a role to play
in the attainment of this goal. I thank you for devoting further
attention to this serious issue.
Matthew Goldstein
Chancellor
Policy Statement
It is the policy
of The City University of New York to promote a cooperative work and
academic environment in which there exists mutual respect for all
University students, faculty, and staff. Harassment of employees or
students based upon sex is inconsistent with this objective and
contrary to the University’s non-discrimination policy. Sexual
harassment is illegal under Federal, State, and City laws, and will
not be tolerated within the University.
The University,
through its colleges, will disseminate this policy and take other
steps to educate the University community about sexual harassment.
The University will establish procedures to ensure that
investigations of allegations of sexual harassment are conducted in
a manner that is prompt, fair, thorough, and as confidential as
possible under the circumstances, and that appropriate corrective
and/or disciplinary action is taken as warranted by the
circumstances when sexual harassment is determined to have occurred.
Members of the University community who believe themselves to be
aggrieved under this policy are strongly encouraged to report the
allegations of sexual harassment as promptly as possible. Delay in
making a complaint of sexual harassment may make it more difficult
for the college to investigate the allegations.
A. Prohibited Conduct
It is a violation of
University policy for any member of the University community to
engage in sexual harassment or to retaliate against any member
of the University community for raising an allegation of sexual
harassment, for filing a complaint alleging sexual harassment,
or for participating in any proceeding to determine if sexual
harassment has occurred.
B. Definition of Sexual Harassment
For purposes of this policy,
sexual harassment is defined as unwelcome sexual advances,
requests for sexual favors, and other oral or written
communications or physical conduct of a sexual nature when:
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submission to such conduct is made
either explicitly or implicitly a term or condition of an
individual's employment or academic standing;
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submission to or rejection of such
conduct by an individual is used as a basis for employment or
academic decisions affecting such individual;
or
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such conduct has the purpose or
effect of unreasonably interfering with an individual's work or
academic performance or creating an intimidating, hostile or
abusive work or academic environment.
Sexual harassment can occur
between individuals of different sexes or of the same sex.
Although sexual harassment most often exploits a relationship
between individuals of unequal power (such as between a faculty
member and student, supervisor and employee, or tenured and
untenured faculty members), it may also occur between
individuals of equal power (such as between fellow students or
co-workers), or in some circumstances even where it appears that
the harasser has less power than the individual harassed (for
example, a student sexually harassing a faculty member). A lack
of intent to harass may be relevant to, but will not be
determinative of, whether sexual harassment has occurred.
C. Examples of Sexual Harassment
Sexual harassment may take different
forms. Using a person's response to a request for sexual favors as a
basis for an academic or employment decision is one form of sexual
harassment. Examples of this type of sexual harassment include, but
are not limited to, the following:
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requesting or demanding
sexual favors in exchange for employment or academic
opportunities (such as hiring, promotions, grades, or
recommendations); |
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submitting unfair or
inaccurate job or academic evaluations or grades, or denying
training, promotion, or access to any other employment or
academic opportunity, because sexual advances have been
rejected.
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Other types of unwelcome conduct
of a sexual nature can also constitute sexual harassment, if
sufficiently severe or pervasive that the target does find, and
a reasonable person would find, that an intimidating, hostile or
abusive work or academic environment has been created. Examples
of this kind of sexual harassment include, but are not limited
to, the following:
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sexual comments,
teasing, or jokes; |
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sexual slurs, demeaning
epithets, derogatory statements, or other verbal abuse; |
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graphic or sexually
suggestive comments about an individual's attire or
body; |
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inquiries or
discussions about sexual activities; |
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pressure to accept
social invitations, to meet privately, to date, or to
have sexual relations; |
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sexually suggestive
letters or other written materials; |
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sexual touching,
brushing up against another in a sexual manner, graphic
or sexually suggestive gestures, cornering, pinching,
grabbing, kissing, or fondling; |
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coerced sexual
intercourse or sexual assault. |
D. Consensual Relationships
Amorous, dating, or
sexual relationships that might be appropriate in other
circumstances have inherent dangers when they occur between a
faculty member, supervisor, or other member of the University
community and any person for whom he or she has a professional
responsibility. These dangers can include: that a student or
employee may feel coerced into an unwanted relationship because he
or she fears that refusal to enter into the relationship will
adversely affect his or her education or employment; that conflicts
of interest may arise when a faculty member, supervisor, or other
member of the University community is required to evaluate the work
or make personnel or academic decisions with respect to an
individual with whom he or she is having a romantic relationship;
that students or employees may perceive that a fellow student or
co-worker who is involved in a romantic relationship will receive an
unfair advantage; and that if the relationship ends in a way that is
not amicable, either or both of the parties may wish to take action
to injure the other party.
Faculty members,
supervisors, and other members of the University community who have
professional responsibility for other individuals, accordingly,
should be aware that any romantic or sexual involvement with a
student or employee for whom they have such a responsibility may
raise questions as to the mutuality of the relationship and may lead
to charges of sexual harassment. For the reasons stated above, such
relationships are strongly discouraged.
For purposes of this
section, an individual has "professional responsibility" for another
individual at the University if he or she performs functions
including, but not limited to, teaching, counseling, grading,
advising, evaluating, hiring, supervising, or making decisions or
recommendations that confer benefits such as promotions, financial
aid awards or other remuneration, or that may impact upon other
academic or employment opportunities.
E. Academic Freedom
F. False and Malicious Accusations
Members of the University
community who make false and malicious complaints of sexual
harassment, as opposed to complaints which, even if erroneous,
are made in good faith, will be subject to disciplinary action.
G. Procedures
The University has developed
procedures to implement this policy. The President of each
constituent college of the University, the Senior Vice
Chancellor at the Central Office, and the Dean of the Law School
shall have ultimate responsibility for overseeing compliance
with this policy at his or her respective unit of the
University. In addition, each dean, director, department
chairperson, executive officer, administrator, or other person
with supervisory responsibility shall be required to report any
complaint of sexual harassment to the individual or individuals
designated in the procedures. All members of the University
community are required to cooperate in any investigation of a
sexual harassment complaint.
H. Enforcement
There is a range of corrective actions and penalties available
to the University for violations of this policy. Students,
faculty, or staff who are found, following applicable
disciplinary proceedings, to have violated this Policy are
subject to various penalties, including termination of
employment and/or student expulsion from the University.
Some FAQs (Frequently Asked
Questions) About Sexual Harassment
Q.
How are sexual harassment complaints handled?
A.
At each college, the Sexual Harassment Coordinator, a Deputy
Coordinator or any member of the Awareness and Intake Committee
are available to receive complaints of sexual harassment from
members of the college community, explain the University
complaint procedures, and refer individuals to appropriate
resources. The names, titles, telephone numbers, and office
locations of the Sexual Harassment Coordinator, Deputy
Coordinator(s) or members of the Awareness and Intake Committee
may be obtained in the college’s Affirmative Action/Compliance
and Diversity Office. Employees who are covered by collective
bargaining agreements may use their contractual grievance
procedures, within the time limits provided in those agreements,
to report allegations of sexual harassment.
Q.
Who may make a complaint of sexual harassment?
A.
Any member of the college community may report complaints of
sexual harassment to the Sexual Harassment Coordinator, a Deputy
Coordinator or any member of the Awareness and Intake Committee.
Q.
Must sexual harassment complaints be made in writing?
A.
No. Sexual harassment complaints may be made by speaking to the
Sexual Harassment Coordinator, a Deputy Coordinator, or any
member of the Awareness and Intake Committee. The Coordinator or
Deputy Coordinator, may, however, request an individual to
prepare a written statement setting forth the particulars of the
complaint.
Q.
Are sexual harassment complaints kept confidential?
A.
It is not possible to guarantee absolute confidentiality. The
privacy of persons who make complaints of sexual harassment will
be respected. Information obtained in connection with bringing,
investigating, or resolving complaints will be handled as
confidentially as possible.
Q.
Are there time limits for reporting sexual harassment
complaints?
A.
There are no time limits for reporting sexual harassment.
However, allegations of sexual harassment should be reported as
promptly as possible. Delay in making a complaint of sexual
harassment may make it more difficult for the college to
investigate the allegations.
Q.
What should be done upon learning of an incident of sexual
harassment involving another person?
A.
A member of the University community with supervisory
responsibility must report to the Sexual Harassment Coordinator
any incidents of sexual harassment of which he or she becomes
aware or reasonably believes to exist. Other members of the
University community who become aware of allegations of sexual
harassment should encourage the aggrieved individual to report
the alleged sexual harassment to the Sexual Harassment
Coordinator, a Deputy Coordinator or any member of the Awareness
and Intake Committee.
Q.
Where can more information about the Sexual Harassment Policy
and Procedures be obtained?
A.
More information about sexual harassment can be obtained in the
Affirmative Action/Compliance and Diversity Office at each
college.
Last
Updated: 3/19/07
Excerpted from
www.cuny.edu:
http://portal.cuny.edu/cms/id/cuny/documents/level_3_page/001178.htm
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