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Sexual Harassment Prevention Policy

Policy Number: 06.3

Responsible Office: Title IX and Human Resources

Origination Date: March 9, 2021

Revision Date: October 3, 2023

 

  1. Purpose:

    In accordance with its Notice of Non-Discrimination, The College of Saint Rose (“the College”) is committed to maintaining a workplace and College community free from harassment and discrimination.  Under the New York State Human Rights Law, it is illegal to discriminate based on age, race, color, sex, religion, creed, disability, national/ethnic origin, gender identity or expression, genetic information/predisposition or carrier status, citizenship or immigration status, sexual orientation, familial status, marital status, military status, domestic violence victim status, criminal history, or any other characteristic protected by federal, state, and local law (collectively referred to as “Protected Statuses”).  Our different identities impact our understanding of the world and how others perceive us. For example, an individual’s race, ability, or immigration status may impact their experience with gender discrimination in the workplace or school community.

    This Policy provides the complaint process for employees, students, and covered individuals to follow when they believe they have been subjected to sexual harassment by an employee, student, or covered individual.

    The purpose of this Policy is to teach employees, covered individuals, and students to recognize discrimination, including discrimination due to an individual’s intersecting identities, and provide the tools to take action when it occurs. All students, employees, managers, supervisors, and covered individuals are required to work in a manner designed to prevent sexual harassment and discrimination at the College. This Policy is one component of the College’s commitment to a discrimination-free environment.

    This Policy does not apply to claims that fall under the College’s:

    Title IX Grievance Policy:, or

    Sexual Misconduct Policy:

    If a complaint is filed under this Policy that may also fall under the Title IX Grievance Policy or Sexual Misconduct Policy, it will be referred to the Title IX Coordinator to determine which policy and procedure applies.

  2. Goals of this Policy:

    Sexual harassment and discrimination are against the law. After reading this Policy, students, employees, and covered individuals will understand their right to a campus free from harassment. Students, employees, and covered individuals will also learn what harassment and discrimination look like, what actions they can take to prevent and report harassment, and how they are protected from retaliation after taking action. The Policy will also explain the investigation process into any claims of harassment. Students, employees and covered individuals are encouraged to report sexual harassment and discrimination by filing a complaint internally with the College.

    Employees, students, and covered individuals can also file a complaint with a government agency or in court under federal, state, or local antidiscrimination laws. To file a complaint with the New York State Division of Human Rights, please visit https://dhr.ny.gov/complaint. To file a complaint with the United States Department of Education Office of Civil Rights, please visit https://ocrcas.ed.gov/. For employees and covered individuals, to file a complaint with the United States Equal Employment Opportunity Commission, please visit https://www.eeoc.gov/filing-charge-discrimination.

  3. Definitions:
    1. Complainant – The individual who files a complaint under this
    2. Covered Individual – Contractors, subcontractors, vendors, consultants, applicants for employment, and other persons conducting business with the College.
    3. Designated Official – A College Employee who is designated to receive and investigate a complaint of sexual
    4. Discrimination – Treating a Student, Employee, Covered Individual or applicant for employment unfavorably because of that individual’s Protected
    5. Employee – In this Policy, Employee refers to individuals who hold full-time and part-time positions as faculty members, administrators, or staff
    6. Respondent – The individual whom the complaint is filed against under this
    7. Responsible Employees – In this Policy, Responsible Employees refers to mandatory reporters and include all covered individuals, employees (faculty, administrators, and staff) as well as student employees such as Resident Assistants. As mandatory reporters, Responsible Employees are required to report all details of a report or complaint of sexual harassment or discrimination, including the identity of the victim, the identity of the alleged perpetrator (if revealed), the date and location of the incident and details regarding the incident if known, to the appropriate office for purposes of initiation of an investigation and appropriate action. Responsible Employees are trained to provide information and support and appropriate referral to confidential or private reporting resources.

      Any failure to report an incident of sexual harassment or discrimination may result in disciplinary action being brought against the Responsible Employee, up to and including termination of employment.

      Student – All full-time/part-time, undergraduate, and graduate matriculated students who are enrolled in any of the College’s academic programs (in all in-person and on-line courses and related degree requirements), including all required field placements, student teaching experiences, and internships for course credit. This definition also applies to student applicants to the College, prospective students, and students participating in the College Experience Program.

  4. Policy:
    1. General:
      1. Sexual harassment is a form of workplace and educational environment discrimination. The College has a zero-tolerance policy for any form of sexual harassment, and all Students, Employees, and Covered Individuals are required to work in a manner that prevents sexual harassment in the workplace and educational environment. The Policy is one component of the College’s commitment to a discrimination–free work and educational environment.
      2. Sexual harassment is against the law. All Students, Employees, and Covered Individuals have a legal right to a workplace and educational environment free from sexual harassment, and Students, Employees, and Covered Individuals can enforce this right by filing a complaint internally with the College, or with a government agency, or in court under federal, state, or local anti-discrimination
    2. Policy Statement:
      1. The College’s Policy applies to all Students, Employees, applicants for employment, and interns, whether paid or unpaid. The Policy also applies to additional Covered Individuals. It applies to anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in our workplace or educational environment, regardless of immigration or citizenship status. These individuals include persons commonly referred to as independent contractors, gig workers, and temporary workers. Also included are persons providing equipment repair, cleaning services, or any other services through a contract with the College. For purposes of this Policy, we will use the term “Covered Individual” to refer to these individuals who are not direct Employees of the College.
      2. Sexual harassment is unacceptable. Any Employee, Covered Individual, or Student who engages in sexual harassment, discrimination, or retaliation will be subject to action, including appropriate discipline. In New York, harassment does not need to be severe or pervasive to be illegal. Students, Employees and Covered Individuals should not feel discouraged from reporting harassment because they do not believe it is bad enough, or conversely because they do not want to see a colleague fired or disciplined over less severe behavior. Just as harassment can happen in different degrees, potential discipline for engaging in sexual harassment will depend on the degree of harassment and might include education and counseling. It may also lead to suspension or dismissal (students) or termination (employees or covered individuals) when appropriate.
      3. Retaliation is prohibited. Any Student, Employee, or Covered Individual who reports an incident of sexual harassment or discrimination, provides information, or otherwise assists in any investigation of a sexual harassment or discrimination complaint is protected from retaliation. No one should fear reporting sexual harassment if they believe it has occurred. So long as a person reasonably believes that they have witnessed or experienced such behavior, they are protected from retaliation. Any Student, Employee, or Covered Individual who retaliates against anyone involved in a sexual harassment or discrimination investigation will face disciplinary action, up to and including termination (employees or covered individuals) or suspension or dismissal (students). All Students, Employees, and Covered Individuals who believe they have been subject to such retaliation should inform a supervisor, manager, or designated official (as listed in the section on Procedures for Handling Complaint of Discrimination and Harassment). All Students, Employees, and Covered Individuals who believe they have been a target of such retaliation may also seek relief from government agencies, as explained below in the section on Legal Protections and External Remedies.
      4. Discrimination of any kind, including sexual harassment, is a violation of our policies, is unlawful, and may subject the College to liability for the harm experienced by targets of discrimination. Harassers may also be individually subject to liability and employers or supervisors who fail to report or act on harassment may be liable for aiding and abetting such behavior. Employees and Covered Individuals at every level who engage in harassment or discrimination, including managers and supervisors who engage in harassment or discrimination or who allow such behavior to continue, will be penalized for such misconduct. Students who engage in harassment or discrimination will be penalized for such misconduct.
      5. The College will conduct a prompt and thorough investigation that is fair to all parties. An investigation will happen whenever the College receives a complaint about discrimination or sexual harassment, or when it otherwise knows of possible discrimination or sexual harassment occurring. The College will keep the investigation confidential to the extent possible. If an investigation ends with the finding that discrimination or sexual harassment occurred, the College will act as required. In addition to any required discipline, the College will also take steps to ensure a safe work environment and educational environment for the Student(s), Employee(s), and Covered Individual(s) who experienced the discrimination or harassment. All Students, Employees, and Covered Individuals, including managers and supervisors, are required to cooperate with any internal investigation of discrimination or sexual harassment.
      6. All Students, Employees, and Covered Individuals are encouraged to report any harassment or behaviors that violate this Policy. All Students, Employees, and Covered Individuals will have access to a complaint form to report harassment and file complaints. Use of this form is not required. For anyone who would rather make a complaint verbally, or by email, these complaints will be treated with equal priority. An Employee or Covered Individual who prefers not to report harassment to their manager or the College may instead report harassment to the New York State Division of Human Rights and/or the United States Equal Employment Opportunity Commission. A Student who prefers not to report harassment to the College may instead report harassment to the New York State Division of Human Rights and/or the U.S. Department of Education: Office of Civil Rights. Complaints may be made to both the College and a government agency.

        Managers, supervisors, and Responsible Employees are required to report any complaint that they receive, or any harassment that they observe or become aware of, to the Designated Official, as indicated below.

      7. This Policy applies to all Students, Employees and Covered Individuals, and all must follow and uphold this Policy. This Policy will be provided to all Employees and Covered Individuals in person or digitally through email upon hiring and will be posted prominently in all work locations. In addition to sending the Policy through email, it will also be available on the Human Resources Office SharePoint site. The Policy will also be distributed as part of the mandatory annual employee sexual harassment training. For those offices operating remotely, in addition to sending this Policy through e-mail, it will also be available on the College’s shared network. This Policy will be provided to all Students as follows: via email, on the website, through training.
    3. Sexual Harassment Defined
      1. Sexual harassment is a form of gender-based discrimination that is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender. Sexual harassment is not limited to sexual contact, touching, or expressions of a sexually suggestive nature. Sexual harassment includes all forms of gender discrimination including gender role stereotyping and treating Students and Employees differently because of their gender.
      2. Understanding gender diversity is essential to recognizing sexual harassment because discrimination based on sex stereotypes, gender expression and perceived identity are all forms of sexual harassment. The gender spectrum is nuanced, but the three most common ways people identify are cisgender, transgender, and non-binary. A cisgender person is someone whose gender aligns with the sex they were assigned at birth. Generally, this gender will align with the binary of male or female. A transgender person is someone whose gender is different than the sex they were assigned at birth. A non-binary person does not identify exclusively as a man or a woman. They might identify as both, somewhere in between, or completely outside the gender binary. Some may identify as transgender, but not all do. Respecting an individual’s gender identity is a necessary first step in establishing a safe workplace and educational environment.
      3. Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment or educational environment. Harassment does not need to be severe or pervasive to be illegal. It can be any harassing behavior that rises above petty slights or trivial inconveniences. Every instance of harassment is unique to those experiencing it, and there is no single boundary between petty slights and harassing behavior. However, the Human Rights Law specifies that whether harassing conduct is considered petty or trivial is to be viewed from the standpoint of a reasonable victim of discrimination with the same protected characteristics. Generally, any behavior in which a Student, Employee, or Covered Individual is treated worse because of their gender (perceived or actual), sexual orientation, or gender expression is considered a violation of the College’s policy Sexual harassment can consist of spoken, written, and/or electronically transmitted words, signs, jokes, pranks intimidation, or physical violence based on an individual’s sexual orientation, sex, self-identified or perceived sex, gender expression, gender identity (perceived or actual), or status of being transgender. The intent of the behavior, for example, making a joke, does not neutralize a harassment claim. Not intending to harass is not a defense. The impact of the behavior on a person is what counts. Sexual harassment includes any unwelcome conduct which is either directed at an individual because of that individual’s gender identity or expression (perceived or actual), or is of a sexual nature when:
        1. The purpose or effect of this behavior unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work or educational environment. The impacted person does not need to be the intended target of the sexual harassment;
        2. Employment or education depends implicitly or explicitly on accepting such unwelcome behavior; or
        3. Decisions regarding an individual’s employment or education are based on an individual’s acceptance to or rejection of such behavior. Such decisions can include what shifts and how many hours an employee might work, project assignments, academic grade decisions, project deadlines, as well as salary and promotion decisions.
      4. There are two main types of sexual harassment:
        1. Behaviors that contribute to a hostile work or educational environment include, but are not limited to, words, signs, jokes, pranks, intimidation, or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex, gender identity, or gender expression. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory, or discriminatory statements which an Employee, Student, or Covered Individual finds offensive or objectionable, causes an Employee, Student, or Covered Individual discomfort or humiliation, or interferes with the Covered Individual or Employee’s job performance or the Student’s academic performance.
        2. Sexual harassment also occurs when a person in authority tries to trade job or academic benefits for sexual favors. This can include hiring, promotion, continued employment, grading decisions, or any other terms, conditions, or privileges of employment or education. This is also called quid pro quo
      5. Any Student, Employee, or Covered Individual who feels harassed is encouraged to report the behavior so that any violation of this Policy can be corrected promptly. Any harassing conduct, even a single incident, can be discrimination and is covered by this Policy. Any Student, Employee, or Covered Individual who feels sexually harassed should complain internally to the College, so that any violation of this Policy can be corrected promptly. Any sexually harassing conduct, even a single incident, can be addressed under this
      6. Who Can be a Target of Sexual Harassment?

        Sexual harassment can occur between individuals, regardless of their sex or gender. Harassment does not have to be between members of the opposite sex or gender. New York Law protects students, employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by entities contracted to provide services in the workplace. Harassers can be anyone in the workplace or educational environment. A faculty member, supervisor, a supervisee, a coworker, or a student can all be harassers. Anyone else in the workplace or educational environment can also be harassers including an independent contractor, contract worker, vendor, client, customer, patient, constituent, or visitor.

        Sexual harassment does not happen in a vacuum and discrimination experienced by an Employee, Covered Individual, or a Student can be impacted by biases and identities beyond an individual’s gender. For example:

        1. Placing different demands or expectations on black women Employees, Students, or Covered Individuals than white women Employees, Students, or Covered Individuals can be both racial and gender discrimination;
        2. An individual’s immigration status may lead to perceptions of vulnerability and increased concerns around illegal retaliation for reporting sexual harassment; or
        3. Past experiences as a survivor of domestic or sexual violence may lead an individual to feel re-traumatized by someone’s behaviors in the workplace or educational environment.

          Individuals bring personal history with them to the workplace and educational environment that might impact how they interact with certain behavior. It is especially important for all Covered Individuals, Employees and Students to be aware of how words or actions might impact someone with a different experience than their own in the interest of creating a safe and equitable workplace and educational environment.

      7. Where Can Sexual Harassment Occur?

        Unlawful sexual harassment is not limited to the physical workplace itself or to the College premises. It can occur while Employees, Students, or Covered Individuals are traveling for business or at College sponsored events or parties. Calls, texts, emails and social media usage by Employees, Students, or Covered Individuals can constitute unlawful sexual harassment, even if they occur away from the workplace, College premises, on personal devices, or not during work hours or school hours.

        Sexual harassment can occur when Students, Employees, and Covered Individuals are working remotely from home as well. Any behaviors outlined above or below that leave an Employee, Student or Covered Individual feeling uncomfortable, humiliated, or unable to meet their job or academic requirements may constitute harassment even if the Student, Employee, or Covered Individual is at home when the harassment occurs. Harassment can happen on virtual meeting platforms, in messaging apps, and after working hours between personal cell phones.

      8. Examples of Sexual Harassment

        The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited. This list is just a sample of behaviors and should not be considered exhaustive. Any Student or Employee who believes they have experienced sexual harassment, even if it does not appear on this list, should feel encouraged to report it.

        1. Physical acts of a sexual nature, such as:
          1. Intentional or unintentional physical conduct which is sexual in nature, such as touching, pinching, patting, kissing, hugging, grabbing, brushing against another Student, Covered Individual, or Employee’s body, or poking another Student, Covered Individual or Employee’s body; or
          2. Rape, sexual battery, molestation, or attempts to commit these assaults, which may be considered criminal conduct outside the scope of this Policy (please contact local law enforcement if you wish to pursue criminal charges).
        2. Unwanted sexual comments, advances, or propositions, such as:
          1. Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, academic performance, a promotion, or other job or academic benefits;
          2. Subtle or obvious pressure for unwelcome sexual activities; or
          3. Repeated requests for dates or romantic gestures, including gift-giving.
        3. Sexually oriented gestures, noises, remarks, jokes, questions, or comments about a person’s sexuality, sexual experience, or romantic history which create a hostile work or educational environment. This is not limited to interactions in person. Remarks made over virtual platforms and in messaging apps when Employees, Covered Individuals, or Students are working remotely can create a similarly hostile work environment.
        4. Sex stereotyping, which occurs when someone’s conduct or personality traits are judged based on other people’s ideas or perceptions about how individuals of a particular sex should act or look:
          1. Remarks regarding an Employee’s, Covered Individual’s, or Student’s gender expression, such as wearing a garment typically associated with a different gender identity; or
          2. Asking Employees, Covered Individuals, or Students to take on traditionally gendered roles, such as asking a woman to serve meeting refreshments when it is not part of, or appropriate to, her job duties.
        5. Sexual or discriminatory displays or publications anywhere in the workplace or on the College’s premises, such as:
          1. Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials, or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace or on the College’s premises;
          2. This also extends to the virtual or remote workspace and educational environment and can include having such materials visible in the background of one’s home during a virtual meeting or class session.
        6. Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity, or gender expression, such as:
          1. Interfering with, destroying, or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job or their academics;
          2. Sabotaging an individual’s work or academic performance;
          3. Bullying, yelling, or name-calling;
          4. Intentional misuse of an individual’s preferred pronouns; or
          5. Creating different expectations for individuals based on their perceived identities:
            • Dress codes that place more emphasis on women’s attire;
            • Leaving parents/caregivers out of meetings.
        7. Sexual Exploitation: Sexual exploitation occurs when an individual takes non- consensual, unfair, or abusive advantage of another for his/her own advantage or benefit. Examples include, but are not limited to:
          1. Non-consensual photo-taking, video or audio taping of sexual activity.
          2. Voyeurism is a form of sexual exploitation in which one individual engages in secretive observation of another for personal sexual pleasure or engages in non- consensual photo-taking, video or audio taping of sexual acts. Although the source for the secretive viewing or taping may be unaware of the observation, this behavior is a form of sexual misconduct and violates the integrity of the unaware Student, Covered Individual, or Employee.
          3. The disrobing or exposure of another person without their consent.
          4. Inter-personal or intimate partner violence (relationship violence).
    4. Supervisor Responsibilities

      Supervisors, managers, Covered Individuals, and Responsible Employees have a responsibility to prevent sexual harassment and discrimination. All supervisors, managers, Covered Individuals, and Responsible Employees who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing or discriminatory behavior, or for any reason suspect that sexual harassment or discrimination is occurring, are required to report such suspected sexual harassment to the Designated Official, as listed in the section on Procedures for Filing a Compliant of Discrimination or Harassment. Managers, supervisors, Covered Individuals, and Responsible Employees should not be passive and wait for an Employee, Covered Individual, or Student to make a claim of harassment. If they observe such behavior, they must act.

      Supervisors, managers, Covered Individuals, and Responsible Employees can be disciplined if they engage in sexually harassing or discriminatory behavior themselves. Supervisors, managers, Covered Individuals, and Responsible Employees can also be disciplined for failing to report suspected sexual harassment or allowing sexual harassment to continue after they know about it.  Supervisors, managers, Covered Individuals, and Responsible Employees will also be subject to discipline for engaging in any retaliation.

      While supervisors, managers, Covered Individuals, and Responsible Employees have a responsibility to report harassment and discrimination, supervisors, managers, Covered Individuals, and Responsible Employees must be mindful of the impact that harassment and a subsequent investigation has on victims. Being identified as a possible victim of harassment and questioned about harassment and discrimination can be intimidating, uncomfortable and re-traumatizing for individuals. Supervisors, managers, Covered Individuals, and Responsible Employees must accommodate the needs of individuals who have experienced harassment to ensure the workplace and educational environment is safe, supportive, and free from retaliation for them during and after any investigation.

    5. Bystander Intervention

      Any Employee, Covered Individual, or Student witnessing harassment as a bystander is encouraged to report it. A supervisor or manager who is a bystander to harassment is required to report it. There are five standard methods of bystander intervention that can be used when anyone witnesses harassment or discrimination and wants to help.

      1. A bystander can interrupt the harassment by engaging with the individual being harassed and distracting them from the harassing behavior;
      2. A bystander who feels unsafe interrupting on their own can ask a third party to help intervene in the harassment;
      3. A bystander can record or take notes on the harassment incident to benefit a future investigation;
      4. A bystander might check in with the person who has been harassed after the incident, see how they are feeling and let them know the behavior was not ok; and
      5. If a bystander feels safe, they can confront the harassers and name the behavior as inappropriate. When confronting harassment, physically assaulting an individual is never an appropriate response.

        Though not exhaustive, and dependent on the circumstances, the guidelines above can serve as a brief guide of how to react when witnessing harassment in the workplace or on the College’s premises.

    6. Romantic Relationships
      1. This Romantic Relationship Policy applies to Employees and Covered Individuals engaging in romantic relationships with others. Relationships which appear to be entirely voluntary and welcome sexual relationships between individuals in an unequal power relationship may constitute sexual harassment within the definitions of this Policy. Employees and Covered Individuals who engage in sexual relationships with anyone over whom they have any degree of power or authority must recognize the extent to which such relationships are not legally recognized as truly mutually consensual. Implicit in the concept of professionalism is the recognition by Employees and Covered Individuals in positions of authority that their relationships with Students or reporting staff include an element of power. It is incumbent on Employees and Covered Individuals with authority not to abuse, nor seem to abuse, the power with which they are
      2. The initiation of or consent to romantic or sexual relationships between faculty members and Students or between supervisors and Employees for whom the faculty members or supervisors have direct professional responsibility is More broadly stated, any relationship between members of the College community, where direct professional responsibility is present, is prohibited and is subject to the procedures outlined in this Policy. Examples of direct professional responsibility include, but are not limited to: supervising, evaluating, teaching, advising, awarding financial aid, disciplining, and writing recommendations. Covered Individuals are required to follow the policies of their third-party or vendor contract regarding relationships with students.
      3. The initiation of romantic or sexual relationships is strongly discouraged even where there is not a direct professional responsibility. These situations may still contain an element of power or authority. Also, changes in the situation may establish direct professional responsibility between the individuals. Such romantic or sexual relationships can negatively impact Students, Covered Individuals, or Employees (i.e., third parties), who share a work or classroom environment with the involved parties.
  5. Procedures for Handling Complaints of Discrimination, Harassment, and Retaliation:
    1. Reporting Sexual Harassment

      Everyone must work toward preventing sexual harassment, but leadership matters. Supervisors, managers, Covered Individuals, and Responsible Employees have a special responsibility to make sure Employees, Covered Individuals, and Students feel safe at work and at the College and that workplaces and educational environments are free from harassment or discrimination.

      Any Student, Employee, or Covered Individual is encouraged to report any harassing or discriminatory behavior to a supervisor, manager, or Designated Official, listed below. Anyone who witnesses or becomes aware of potential instances of harassment should report such behavior to a Designated Official.  Supervisors must report any harassment that they observe or know of to a Designated Official, even if no one is objecting to the harassment.

      Designated Officials for the College include the following:

      Jeffrey Knapp
      Associate Vice President for Human Resources and Risk Management
      knappj@strose.edu
      518-458-5374

      Yolanda Caldwell
      Chief Diversity Officer / Director of Leadership Institute
      caldwely@strose.edu
      518-485-3133

      Complaints alleging sexual harassment by a Student or against a Student should be referred to the College’s Title IX Coordinator:

      Kateeka Harris
      Title IX Coordinator
      harrisk@strose.edu
      518.223.2550

      In most instances, Students, Covered Individuals, and Employees should contact the Designated Official as soon as practicable after the date on which the alleged sexual harassment took place.

      Reports of discrimination and harassment may be made verbally or in writing. A written complaint form is attached to this Policy, if a Student, Employee, or Covered Individual would like to use it, but the complaint form is not required. Individuals who are reporting discrimination or harassment on behalf of others may use the complaint form and should note that it is on another’s behalf. A verbal or otherwise written complaint (such as an e-mail) on behalf of oneself or another is also acceptable.

      Students, Employees, and Covered Individuals who believe they have been a target of harassment may at any time seek assistance in additional available forums, as explained below in the section on Legal Protections.

    2. Complaints and Investigations

      All complaints or information about sexual harassment will be investigated, whether that information was reported in verbal or written form. An investigation of any complaint, information, or knowledge of suspected sexual harassment will be prompt, thorough, and started and completed as soon as possible. The investigation will be kept confidential to the extent possible. All individuals involved, including those making a harassment claim, witnesses, and alleged harassers deserve a fair and impartial investigation.

      Complaints may be submitted anonymously; however, anonymous complaints may present challenges to a comprehensive investigation by the investigation team as a complainant is not identified and available to provide additional information to support an investigation. Investigations will be conducted in a timely manner, and will be confidential to the extent possible.

      Any Student, Covered Individual, or Employee may be required to cooperate as needed in an investigation of suspected sexual harassment. Students, Covered Individuals, and Employees who participate in an investigation will not be retaliated against.

    3. Process:

      While the process may vary from case to case, the College’s investigation will be done in accordance with the following steps, to the extent practicable.

      1. Upon receipt of the complaint, the Designated Official will conduct a prompt review of the allegation(s), assess the appropriate scope of the investigation, and take any interim actions, as appropriate (e.g., instructing the individual(s) about whom the complaint was made to refrain from communications with the individuals who reported the harassment). The Designated Official will then make an initial assessment regarding (1) the validity of the complaint (e.g., does it contain erroneous information, failure to state a claim, mistaken identity, etc.); (2) whether the complaint falls within the scope of this Policy; and (3) whether the complaint must be handled under the Title IX Grievance Procedure or Sexual Misconduct Policy, rather than this Policy.
        1. If the alleged conduct may constitute sexual harassment under the Title IX Grievance Procedure or a Sexual Offense under the Sexual Misconduct Policy, the complaint will be referred to the Title IX Coordinator to determine which policy applies.
        2. If the complaint proceeds under the Title IX Grievance Procedure or the Sexual Misconduct Policy, those policies will apply, and this Complaint, Investigation, and Disciplinary Procedure does not apply. However, if the complaint is dismissed under those policies, the College may still choose to investigate the alleged discrimination or harassment under this Policy, if the College determines that the alleged discrimination or harassment may potentially violate this Policy.
        3. Unless the complaint is determined to be invalid, falls within the scope of the Title IX Grievance Procedure or Sexual Misconduct Policy, the Designated Official, or his or her designee (who must be trained in discrimination and harassment, and this Policy), will promptly conduct a complete, thorough, and impartial investigation under this Policy.
        4. If the Designated Official or adequately trained designee is involved in the alleged discrimination or harassment, the President will be responsible for choosing an adequately trained designee to conduct the investigation. If it would be inappropriate for the Designated Official or President to choose an adequately trained designee to conduct the investigation, then the Chair of the Board of Trustees will make this designation.
      2. The Student, Covered Individual, or Employee may file a formal complaint by completing the Complaint Form and providing as much information as possible about the alleged sexual harassment. (Students, Covered Individuals, or Employees who are reporting sexual harassment on behalf of other Students, Covered Individuals, or Employees should use the Complaint Form and note that it is filed on another Student’s, Covered Individual’s, or Employee’s behalf.) If the Student, Covered Individual, or Employee refuses to complete a written Complaint form, the Designated Official shall prepare the Complaint form based on the oral reporting and noting their completion on the form.
      3. The Designated Official will take steps to obtain, review, and preserve documents sufficient to assess the allegation(s), including documents, e-mails or phone records that may be relevant to the investigation. The Designated Official will consider and implement appropriate document request, review, and preservation measures, including for electronic communications.
      4. Within 10 business days of receiving a formal complaint, the Designated Official or an alternative investigator appointed by the College, which could include a third party (the “Investigator”) will begin an investigation. If needed, the Investigator will consult with the Student Development Office or Human Resources Office throughout the investigation. If necessary and in the Designated Official’s discretion, a second Designated Official will be appointed as a co-Investigator and will participate in all meetings with the complainant, respondent, and
      5. The Investigator will seek to interview all parties involved, including any relevant witnesses. The Investigator will seek to interview the complainant, respondent, and any identified witnesses or other individuals who may have knowledge about the matters in the complaint and any supporting documentation/evidence associated with the complaint.
      6. Any Student, Covered Individual, or Employee may be required to cooperate as needed in an investigation of suspected sexual harassment. The College will take disciplinary action against anyone engaging in retaliation against Students, Covered Individuals, or Employees, who file complaints, support another’s complaint, or participate in harassment investigations.
      7. The College recognizes that participating in a harassment investigation can be uncomfortable and has the potential to re-traumatize a Student, Covered Individual, or Employee. Those receiving claims and leading investigations will handle complaints and questions with sensitivity toward those participating.
      8. At the conclusion of the investigation, the Investigator(s) will prepare a written report of the investigation (such as a letter, memo, or e-mail) which must include the following components:
        1. A summary of the complaint,
        2. A summary of the respondent’s response,
        3. A summary of the documents and evidence reviewed during the investigation, along with a detailed summary of relevant documents,
        4. A list of names of those interviewed, along with a detailed summary of their statements,
        5. A timeline of events,
        6. A summary of any prior relevant incidents disclosed in the investigation, reported or unreported, and
        7. A recommendation on whether or not this Policy was violated with an explanation to support that recommendation,
        8. If the Investigator(s) believes that a violation occurred, a statement about the severity of the violation, and
        9. A recommendation with respect to any disciplinary and/or corrective action(s) that should be taken.
      9. The Investigator(s) will forward the completed report to one of the following division heads:
        1. For complaints filed against administrators, staff, or third parties – to the Vice President for Finance and Administration;
        2. For complaints filed against faculty – to the Provost and Vice President for Academic Affairs; or
        3. For Students: Associate Vice President for Student Development.
      10. The applicable division head will review the investigation report and all relevant evidence and issue a final decision on responsibility and sanctions.[1]
        1. Those who engage in sexual harassment will be subject to disciplinary action, up to and including termination (employees or covered individuals) or suspension or dismissal (students).
        2. Sanctions for incidents of Discriminatory Practice(s) may take a variety of forms, depending upon the circumstances of a particular case. Among the disciplinary sanctions which may be imposed on Students are the following: verbal warning, written reprimand, probation, restrictions, removal from housing, suspension and dismissal. The full range of student disciplinary penalties is set forth in the Student Code of Conduct.
        3. Among the disciplinary sanctions which may be imposed on Employees or Covered Individuals are: informal counsel, formal counsel, written warning, suspension without pay, and termination.
      11. The final decision maker will promptly and simultaneously notify the individual(s) who reported the harassment and the individual(s) about whom the complaint was made that the investigation has been completed and implement any disciplinary and/or corrective actions identified in the investigation report.
      12. The College will inform the individual(s), who reported, of the right to file a complaint or charge externally as outlined in the section on Legal Protections and External Remedies.
      13. The College will keep the written documentation and associated documents in a secure and confidential location.
      14. Students, Employees, and Covered Individuals who believe they have been a target of sexual harassment may, at any time, seek assistance in additional available forums, as explained below in the section on Legal Protections and External Remedies. [1] Provided, however, that if the Provost determines that the appropriate sanction for a tenured faculty member is termination, such termination will be subject to the terms of Section 3.2 of the Faculty Manual.  Further, all employee discipline is subject to the terms of any applicable collective bargaining agreement.
    4. Appeal for Students Only

      For Student complainants and respondents only, within three (3) business days (excluding holidays) of receipt of the final decision, Student complainants and/or respondents wishing to appeal the decision may submit a written petition to the Title IX Coordinator. The Title IX Coordinator will share the appeal with the other party who may also wish to file a response.

      An appeal shall only be considered if the appeal meets one or more of the following grounds pertaining to the outcome of the investigation and is timely:

      • A procedural error occurred that substantially impacted the outcome of the investigation;
      • To consider new evidence, unavailable during the original investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included in the written petition; or
      • The sanctions imposed are substantially disproportionate to the severity of the violation.

        If the sanction results in a Student being removed from housing, suspended, or dismissed from the College, the Title IX Coordinator shall assign the appeal to a three (3) person Appeal Board to handle and issue a written decision regarding the appeal. In all other cases, the appeal will be assigned to the Chief of Staff to decide the appeal.

        The Appeal Board or Chief of Staff shall issue a written decision within ten (10) business days and shall share the outcome of the appeal simultaneously with both parties and include a written rationale for the decision. The Appeal Board or Chief of Staff shall determine whether to (1) remand the matter to the Trained Investigator(s) for further investigation, (2) uphold the Investigator(s)’ finding and/or sanction, (3) overturn the Investigator(s)’ finding and/or sanction, and/or (4) modify the Investigator(s)’ finding and/or sanction.

  6. Confidentiality:
    1. All inquiries, complaints and investigations are confidential and any information obtained is revealed strictly on a need-to-know basis in accordance with applicable law.
    2. Information contained in a formal complaint will be kept confidential, to the extent possible and in accordance with applicable law. However, the identity of the complainant and respondent usually is revealed to the respondent and witnesses.
    3. A copy of the investigation report and the final decision is included in the respondent’s personnel or student file only if the investigation concludes that the respondent violated this policy.
    4. All information pertaining to allegations under this Policy related to employees are maintained in secure files by the Associate Vice President for Human Resources and Risk Management. All information pertaining to allegations under this Policy related to students are maintained in secure files by the Title IX Coordinator. These secure files will be kept separate from all other human resources and student files maintained by the College. No record of a complaint is kept in the complainant’s human resources or student file, unless the investigation concludes that the complaint was reckless or frivolous.
  7. Retaliation:
    1. Retaliation is unlawful and is any action by a Student, Employee, or Covered Individual that punishes an individual upon learning of a harassment or discrimination claim, that seeks to discourage a Student, Employee, or Covered Individual from making a formal complaint or supporting a sexual harassment or discrimination claim, or that punishes those who have come forward. These actions need not be job-related or related to academics or occur in the workplace or on the College premises to constitute unlawful retaliation. For example, threats of physical violence outside of work or school hours or disparaging someone on social media would be covered as retaliation under this Policy.
    2. Examples of retaliation may include, but are not limited to:
      1. Demotion, termination, denying accommodations, reduced hours, the assignment of less desirable shifts, or the assignment of less desirable shifts;
      2. Threatening a Student with suspension and/or dismissal;
      3. Basing a grade, academic credit, recommendation letter, denial of an academic opportunity on a student exercising a right or participating in any investigation or proceeding under this Policy;
      4. Preventing a Student from participating in College activities;
      5. Publicly releasing personnel or student files;
      6. Refusing to provide a reference or providing an unwarranted negative reference;
      7. Labeling an individual as “difficult” and excluding them from projects to avoid “drama”;
      8. Undermining an individual’s immigration status; or
      9. Reducing work or academic responsibilities, passing over for a promotion, or moving an individual’s desk to a less desirable office location.

        Such retaliation is unlawful under federal, state, and (where applicable) local law.

    3. The New York State Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has:
      1. Made a complaint of sexual harassment or discrimination, either internally or with any government agency;
      2. Testified or assisted in a proceeding involving sexual harassment or discrimination under the Human Rights Law or any other anti-discrimination law;
      3. Opposed sexual harassment or discrimination by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of suspected harassment;
      4. Reported that another Employee, Covered Individual, or Student has been sexually harassed or discriminated against; or
      5. Encouraged a fellow Employee, Covered Individual, or Student to report harassment.
    4. Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.
  8. VIII. Legal Protections and External Remedies:

    Sexual harassment is not only prohibited by the College, but it is also prohibited by state, federal, and, where applicable, local law.  The internal process outlined in the Policy above is one way for Students, Covered Individuals, and Employees to report sexual harassment against another Employee, Covered Individual, or Student. Students, Employees, and Covered Individuals may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may also seek the legal advice of an attorney.

    1. New York State Division of Human Rights:

      The New York State Human Rights Law (HRL), N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State and protects Employees, Covered Individuals, and Students regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the New York State Division of Human Rights (DHR) or in New York State Supreme Court.

      Complaints of sexual harassment filed with DHR may be submitted any time within three years of the harassment. If an individual does not file a complaint with DHR, they can bring a lawsuit directly in state court under the Human Rights Law, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.

      Complaining internally to the College does not extend your time to file with DHR or in court. The three years are counted from the date of the most recent incident of harassment.

      You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

      DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases receive a public hearing before an administrative law judge. If sexual harassment is found at the hearing, DHR has the power to award relief. Relief varies but it may include requiring your employer to take action to stop the harassment, or repair the damage caused by the harassment, including paying of monetary damages, punitive damages, attorney’s fees, and civil fines.

      DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: www.dhr.ny.gov.

      Go to dhr.ny.gov/complaint for more information about filing a complaint with DHR. The website has a digital complaint process that can be completed on your computer or mobile device from start to finish. The website has a complaint form that can be downloaded, filled out, and mailed to DHR as well as a form that can be submitted online. The website also contains contact information for DHR’s regional offices across New York State.

      Call the DHR sexual harassment hotline at 1(800) HARASS3 for more information about filing a sexual harassment complaint. This hotline can also provide you with a referral to a volunteer attorney experienced in sexual harassment matters who can provide you with limited free assistance and counsel over the phone.

    2. The United States Equal Employment Opportunity Commission:

      The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act, 42 U.S.C. § 2000e et seq. An Employee can file a complaint with the EEOC anytime within 300 days from the most recent incident of harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination has occurred. If the EEOC determines that the law may have been violated, the EEOC will try to reach a voluntary settlement with the employer. If the EEOC cannot reach a settlement, the EEOC (or the Department of Justice in certain cases) will decide whether to file a lawsuit. The EEOC will issue a Notice of Right to Sue permitting workers to file a lawsuit in federal court if the EEOC closes the charge, is unable to determine if federal employment discrimination laws may have been violated, or believes that unlawful discrimination occurred but does not file a lawsuit.

      Individuals may obtain relief in mediation, settlement, or conciliation. In addition, federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.

      An Employee or Covered Individual alleging discrimination at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.  To file a complaint with the EEOC, please visit https://www.eeoc.gov/filing-charge-discrimination.

      If an individual filed an administrative complaint with the New York State Division of Human Rights, DHR will automatically file the complaint with the EEOC to preserve the right to proceed in federal court.

    3. Office of Civil Rights

      In addition, an Employee, Covered Individual, or Student who believes he or she is the victim of discrimination or harassment may file a complaint with the United States Department of Education’s Office for Civil Rights (“OCR”). Complaints may be filed to OCR by:

      • Mail or Facsimile:

        U.S. Department of Education
        Financial Square
        32 Old Slip, 25th Floor, New York, NY 10005
        Telephone: 646-428-3906 | Fax: 646-428-3904

      • E-mail: Complainants may file a complaint to the following e-mail address: ocr@ed.gov.
      • Online: Complainants may file a complaint with OCR using OCR’s electronic complaint form at the following website: https://ocrcas.ed.gov/.
    4. Local Protections:

      Many localities, including Albany County, enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. Individuals wishing to contact the Albany County Division of Affirmative Action for information may do so by calling 518-447-5510.

    5. Contact the Local Police Department:

      If the harassment involves unwanted physical touching, coerced physical confinement, or coerced sex acts, the conduct may constitute a crime. Those wishing to pursue criminal charges are encouraged to contact their local police department.

  9. VIII. Conclusion:

    The Policy outlined above is aimed at providing Students and Employees at the College and Covered Individuals an understanding of their rights to a discrimination and harassment free workplace and educational environment.  All Students, Covered Individuals, and Employees should feel safe at work and at the College. Though the focus of this Policy is on sexual harassment and gender discrimination, the New York State Human Rights Law protects against discrimination in several protected classes including sex, sexual orientation, gender identity and expression, age, race, creed, color, national origin, immigration or citizenship, military status, disability, pre-disposing genetic characteristics, familial status, marital status, criminal history or domestic violence survivor status. The prevention policies outlined above should be considered applicable to all protected classes.

Formal Complaint Form

Reporting Form