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Policy
Against Sexual Harassment
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. Sexual harassment is inconsistent
with this objective and contrary to the University policy of equal employment
and academic opportunity without regard to age, sex, sexual orientation,
alienage or citizenship, religion, race, color, national or ethnic origin,
disability, and veteran or marital status. 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.
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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.
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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:
- submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment or academic standing;
- submission to or rejection of such conduct by an individual is used
as a basis for employment or academic decisions affecting such individual;
or
- 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 faculty/staff 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.
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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 this type of sexual
harassment (known as quid pro quo harassment) include, but are not limited
to, the following:
- requesting or demanding sexual favors in exchange for employment
or academic opportunities (such as hiring, promotions, grades, or recommendations);
- 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.
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 (known as hostile environment harassment) include,
but are not limited to, the following:
- sexual comments, teasing, or jokes;
- sexual slurs, demeaning epithets, derogatory statements, or other
verbal abuse;
- graphic or sexually suggestive comments about an individual's attire
or body;
- inquiries or discussions about sexual activities;
- pressure to accept social invitations, to meet privately, to date,
or to have sexual relations;
- sexually suggestive letters or other written materials;
- sexual touching, brushing up against another in a sexual manner,
graphic or sexually suggestive gestures, cornering, pinching, grabbing,
kissing, or fondling;
- coerced sexual intercourse or sexual assault.
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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 the 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 or awards or other remuneration,
or that may impact upon other academic or employment opportunities.
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Academic Freedom
This policy shall not be interpreted so as to constitute interference
with academic freedom.
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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.
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Procedures
The University has developed
procedures to implement this policy. The President of each college
has ultimate responsibility for overseeing compliance with this policy.
In addition, each dean, director, department chairperson, executive
officer, administrator, or other person with supervisory responsibility
is required to report any complaint of sexual harassment to an individual
or individuals to be designated in the procedures. All members of the
University community are required to cooperate in any investigation
of a sexual harassment complaint.
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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 permanent dismissal from the University.
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Sexual Harassment Awareness and Intake Committee
The members of Baruch’s Sexual Harassment Awareness and Intake Committee are available
to receive complaints of sexual harassment, to explain the City University’s
complaint procedures, and to refer individuals to appropriate resources.
The members of the Committee are:
- Carmen Pedrogo (Committee Coordinator)
Affirmative Action Officer
(212) 802-2866
- Michael Plekon (Deputy Coordinator)
Professor of Sociology
(646) 312-4472
- Michele Epstein
Baruch Computing and Technology Center
(646) 312-1040
- Frank Antonucci
Campus Facilities and Operations
(212) 802-2774
- Angelina Delgado
School of Public Affairs
(212) 802-5987
- Gayle Delong
Economics and Finance
(646) 312-3493
- Penelope Terry
Undergraduate Admissions
(646) 312-1375
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Sexual Harassment: Myths and Realities
Myth: You haven't been sexually harassed unless
you've been physically assaulted.
Reality: Most forms of sexual harassment are
more common and less obvious than physical assault. Outright sexual
propositions, demand for sexual activity in exchange for favors (such
as good grades or evaluations), pressure for sexual activity by threat
of punishment (such as malicious gossip), subtly demeaning behavior
(including sexist jokes and assumptions), unwelcome gestures, and unwanted
physical contact are all forms of sexual harassment.
Myth: Sexual harassment happens only t people
who encourage it. It would stop if they wanted it to stop.
Reality: Sexual harassment is unwelcome activity.
Many harassers are repeatedly told NO but do not stop.
Myth: Sexual harassment happens to those who
dress or act in a provocative manner.
Reality: The way a person dresses I no excuse
for sexual harassment. Dress or actions that may be interpreted as
provocative or flirtatious do not constitute an invitation to sexual
activity.
Myth: If you ignore sexual harassment it will
go away.
Reality: No, it won't. Generally the harasser
is a repeat offender who will not stop voluntarily. Ignoring such behavior
may be interpreted as assent or encouragement.
Myth: Sexual harassment is relatively harmless.
Reality: The psychological consequences of harassment
can be devastating. Reactions may include depression, decreased motivation,
listlessness, feelings of helplessness, insomnia, headaches, and other
physiological complaints. Sexual harassment makes the individual feel
embarrassed, tense, frustrated, pressured, and nervous.
Myth: Sexual harassment does not affect your
career goals.
Reality: Individuals who have been harassed
have forfeited research, work, and even careers. For example, students
may avoid classes or working with certain instructors because they
fear being sexually harassed. Sexual harassment can damage an individual's
sense of competence and self-esteem.
Myth: You can do nothing about sexual harassment.
Reality: Baruch's Committee Against Sexual Harassment
can help you if you wish to lodge a complaint. If you would like more
information about the policy against sexual harassment, contact any
member of the Sexual Harassment Awareness and Intake Committee.
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Frequently Asked Questions About Sexual Harassment
Q. How are sexual harassment
complaints handled?
A. Members of Baruch's Committee
Against Sexual Harassment are available to receive complaints
of sexual harassment from members of the college community, explain
the University complaint procedures, and may refer individuals to appropriate
resources.
Q. Who may make a complaint
of sexual harassment?
A. Any member of the college
community may report complaints of sexual harassment to any member
of the Committee.
Q. Must sexual harassment complaints
be made in writing?
A. No. Sexual harassment complaints
may be made by speaking to a member of the Committee. The Committee member
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 to the Committee?
A. There are no time limits
for reporting sexual harassment to the Committee. However, allegations
of sexual harassment should be reported as promptly as possible. Delay
in making a complaint may make it more difficult for the college to
investigate allegations.
Q. What should be done upon
learning of an incident of sexual harassment involving another person?
A. A member of the college
community with supervisory responsibility must report to the Committee
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 a member of the Committee.
Q. Where can more information
about the Sexual Harassment Policy and Procedures be obtained?
A. More information about sexual
harassment may be obtained from any member of Baruch's Sexual Harassment Awareness and Intake Committee or from the Affirmative Action Office.
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