Affirmative Action
Anti-Harassment Policies & Procedures
Policy Statement:
Every person is entitled to work and learn in an environment free from the damaging effects of discrimination or harassment of any kind including sexual harassment. Therefore, it is the policy of SUNY New Paltz that discrimination and harassment in any form will not be tolerated. The College affirms its commitment to take appropriate action against individuals engaging in harassment and against supervisory and managerial personnel who knowingly allow it to continue. Harassment is considered a serious issue and disciplinary action with sanctions may be enforced.
Charges of harassment including sexual harassment against employees will be pursued in accordance with established campus procedures, including the SUNY Discrimination Complaint Procedure and the provisions of the appropriate union agreements. Charges against students will be subject to judicial proceedings under Campus Rules and Regulations.
Prohibited Conduct Under This Policy:
1. Discrimination:
a) It is a violation of this policy to discriminate in the provision of employment opportunities, benefits or privileges, to create discriminatory work conditions, or to use discriminatory evaluative standards in employment if the basis of that discriminatory treatment is, in whole or in part, the person's race, color, national origin, age, religion, disability status, pregnancy, gender, sexual orientation, marital status, or military status.
b) Discrimination regarding any of the aforementioned may also be strictly prohibited by a variety of federal, state and local laws, including Title VII of the Civil Rights Act 1964; the Age Discrimination Act of 1975; and the Americans with Disabilities Act of 1990. This policy is intended to comply with the prohibitions stated in these anti-discrimination laws.
2. Harassment:
Harassment, including sexual harassment, is prohibited by federal and state laws. This policy prohibits harassment of any kind, and the College will take appropriate action swiftly to address any violations of this policy. The definition of harassment is: verbal or physical conduct designed to threaten, intimidate, or coerce. Also, verbal taunting (including racial and ethnic slurs) which, in the employee's opinion, impairs his or her ability to perform his or her job or interfere with a person's work or academic performance.
Examples of harassment are:
- Verbal: Comments which are not flattering regarding a person's nationality, origin, race, color, religion, gender, sexual orientation, age, body disability, or appearance. Examples of verbal harassment are: epithets, slurs, or negative stereotyping.
- Non-verbal: Distribution, display or discussion of any written or graphic material that ridicules, denigrates, insults, belittles, or shows hostility or aversion toward an individual, or group because of national origin, race color, religion, age, gender, sexual orientation, pregnancy, appearance disability, marital or other protected status.
3. Sexual Harassment:
Sexual harassment in any form is prohibited under this policy. Sexual harassment is a form of discrimination and is unlawful under Title VII of the Civil Rights Act of 1964. According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is defined as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature." When submission to or rejection of such conduct is used as the basis for employment decisions or academic advancement, such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment.
There are basically two types of sexual harassment:
- "Quid pro quo" harassment, where submission to harassment is used as a basis for employment decisions or academic advancement. Whereas promotions, raises, better working hours, grades, special accommodations, etc., are linked to compliance with sexual advances. Therefore, only someone in a supervisory capacity or authority to grant such benefits can engage in "quid pro quo" harassment.
- "Hostile work environment," where the harassment creates an offensive and unpleasant working environment.
Hostile work environment can be created by anyone in the work or academic environment. Hostile environment harassment consists of verbiage of a sexual nature, unwelcome sexual materials, or even unwelcome physical contact as a regular part of the work environment. Cartoons or posters of a sexual nature, vulgar, or lewd comments or jokes, or unwanted touching or fondling all fall into this category.
What To Do If You Are A Victim:
An initial course of action for any faculty, staff or student who feels that he/she is being harassed is for that person to tell or otherwise inform the harasser that the conduct is unwelcome and must stop. However, in some circumstances this course of action may not be feasible, may be unsuccessful or the individual may be uncomfortable in dealing with this matter in this way. Therefore, the individual is also encouraged to seek advice and information from the Affirmative Action Officer. A session with the AAO may or may not result in filing of a formal grievance.
Filing A Complaint:
Complaints made by students or employees regarding harassment on the part of an employee should be directed to the Affirmative Action Officer (AAO) within 45 days of the incident, or within 45 days of the receipt of a grade.
The AAO will assist the complainant in defining the charge and provide information about both internal and external mechanisms through which the complaint may be filed.
Complaints handled on campus may be filed pursuant to the SUNY Discrimination Complaint Procedure, and resolution of the complaint may be pursued through the informal and formal process outlined therein.
Supervisors or department heads who become aware of alleged harassment situations must inform the AAO.
Confidentiality:
All inquiries, complaints, and investigations are treated with sensitivity, seriousness, and maximum confidentiality. Only when required by law, or when personal safety is at risk, will confidential information be shared with appropriate individuals, or be acted upon or disclosed to others without a complainant's knowledge.
Retaliation:
No faculty member, administrator, staff member, student, member of the public or applicant for employment may be subject to reprisal or retaliation of any kind. Any person who feels he or she has been subjected to such adverse actions should report this to the AAO. However, allegations proven to be made falsely and with malicious intent are violations of this policy, and will be treated as a serious matter.
Informal Resolution:
According to the SUNY Discrimination Complaint Procedure, the AAO first seeks to resolve complaints through an informal process. The informal process varies depending on the circumstances and the severity of the situation.
In most cases, when pursuing an informal resolution, the AAO meets with the
complainant and the accused, either together or separately, and seeks to reach an
agreement that is satisfactory to both parties. Under the SUNY Discrimination Complaint Procedure, the AAO has twenty-four days within which to investigate the allegations and reach a resolution.
If a resolution is reached through this informal process, the case is closed. The resolution includes a written communication to the complainant and the respondent.
Insufficient Evidence In some cases, the evidence may be inconclusive because it consists of statements by only the complainant and the alleged harasser. This decision does not conclude that the harassment never occurred, but only that, before taking any serious action more evidence is needed. The investigation ends unless additional evidence comes to light. The accused is neither exonerated nor found guilty. Any further complaints are to be investigated fully.
Formal Resolution:
If the AAO is unable to resolve the complaint to the mutual satisfaction of the complainant and the respondent within 24 days, the complainant may choose to proceed through the next step outlined in the SUNY Discrimination Complaint Procedure which is to request a tri-partite committee hearing. The tri-partite committee is comprised of staff members who have been pre-selected and trained in the grievance investigation process.
The findings of the tri-partite committee are forwarded to the campus President who will determine appropriate action, which may include, but is not limited to, discipline pursuant to Article 19, Discipline of the UUP Agreement, and appropriate sections of the CSEA, PEF, and Council 82 Agreements, respectively.
Right to File with External Agencies:
Persons who choose to file a complaint with the College will not lose their right to file with an external enforcement agency such as the Equal Employment Opportunity Commission or the State Division of Human Rights, but any internal processes may terminate without conclusion once an external agency is requested. Students may choose to file with the Office for Civil Rights.
The AAO will provide information to employees about external agencies and internal processes. Any questions concerning this policy or allegations of non-compliance should be directed to:
Affirmative Action Officer, Human ResourcesRevised January 2004
HAB 301
1 Hawk Drive
New Paltz, New York 12561
(845) 257-3165
