/Institutions/Keuka-College/json/2024-2025/Employee-Handbook-local.json

/Institutions/Keuka-College/json/2024-2025/Employee-Handbook.json

Sexual Harrassment and Other Unlawful Harrassment Prevention

Purpose

The College is committed to maintaining a work environment free from sexual harassment, which is one form of employment discrimination. Sexual harassment is a form of workplace discrimination that subjects an employee to inferior conditions of employment due to their gender, gender identity, gender expression (perceived or actual), and/or sexual orientation. Sexual harassment is often viewed simply as a form of gender-based discrimination, but the College recognizes that discrimination can be related to or affected by other identities beyond gender. Under the New York State Human Rights Law, it is illegal to discriminate based on sex, sexual orientation, gender identity or expression, age, race, creed, color, national origin, military status, disability, pre-disposing genetic characteristics, familial status, marital status, criminal history, or status as a victim of domestic violence. 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. While this policy is focused on sexual harassment and gender discrimination, the methods for reporting and investigating discrimination based on other protected identities are the same. The purpose of this policy is to teach employees to recognize discrimination, including discrimination due to an individual’s intersecting identities, and provide the tools to take action when it occurs. All employees, managers, and supervisors are required to work in a manner designed to prevent sexual harassment and discrimination in the workplace.  This policy is one component of the College’s commitment to a discrimination-free work environment.

Sexual harassment, and other forms of unlawful harassment and discrimination are against the law. After reading this policy, employees will understand their right to a workplace free from harassment. Employees 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. Employees are encouraged to report sexual harassment or discrimination by filing a complaint internally with the College.

Sexual Harassment, Other Unlawful Harassment, and Discrimination Prevention Policy

1. This policy applies to all College employees and applicants for employment. It also applies to individuals who are not College employees, but are employees of contractors, subcontractors, vendors, consultants, and other persons who provide services in the College’s workplace, such as interns (paid or unpaid) and temporary employees.

2. Sexual harassment, and other unlawful harassment, discrimination, or retaliation is unacceptable and will not be tolerated by the College. This policy prohibits behavior that constitutes unlawful harassment, as well as other unprofessional behavior that may reasonably be considered offensive or otherwise inappropriate. Any employee who engages in sexually harassing behavior in the workplace, including supervisors and managers who engage in sexually harassing behavior or who allow such behavior to continue, will be subject to remedial and/or disciplinary action(s) under this policy. In New York, harassment does not need to be severe or pervasive to be illegal. 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 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 lead to suspension or termination when appropriate.

3. Retaliation is prohibited. Any employee or covered individual that reports an incident of sexual or other unlawful 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 employee of the College who retaliates against anyone involved in a sexual harassment or discrimination investigation will face disciplinary action, up to and including termination. All employees and covered individuals working in the workplace who believe they have been subject to such retaliation should inform a supervisor, manager, or the Title IX Coordinator. All 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.

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 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.

5. The College will conduct a prompt, thorough, fair, and confidential investigation in response to any complaint about sexual or other unlawful harassment. The College may also investigate other instances of inappropriate workplace conduct or behaviors affecting terms / conditions of employment for its employees or other individuals who work or conduct business with the College. The College will take effective corrective action(s) whenever sexual harassment or other inappropriate conduct is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal College investigation of sexual or other unlawful harassment. In addition to any required discipline, the College will also take steps to ensure a safe work environment for the employee(s) who experienced the discrimination or harassment. All employees, including managers and supervisors, are required to cooperate with any internal investigation or discrimination of sexual or other unlawful harassment.

6. All employees and covered individuals are encouraged to report any harassment or behaviors that violate this policy. All employees 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 employer may instead report harassment to the New York State Division of Human Rights and/or the United States Equal Employment Opportunity Commission. Complaints may be made to both the employer and a government agency. Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of, to the Title IX Coordinator.

7. This policy applies to all employees and covered individuals, such as contractors, subcontractors, vendors, consultants, or anyone providing services in the workplace, and all must follow and uphold this policy. This policy must be provided to all employees in person or digitally through email upon hiring and will be posted prominently in all work locations. For those offices operating remotely, in addition to sending the policy through email, it will also be available on the organization’s shared network.  

Other Types of Harassment

The College also prohibits discrimination or harassment on the basis of race (including traits historically associated with race), color, national origin, ethnicity, ancestry, citizenship, immigration status, religion, creed, age, disability, military status, veteran status, marital status, familial status, domestic violence victim status, genetic information, predisposing genetic characteristics or carrier status, reproductive health decision making, or any other basis protected by federal, state or local laws.  . Harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment. Harassment does not need to be severe of pervasive to be unlawful. Conduct only needs to rise above a petty slight or trivial inconvenience to be unlawful.   For more information, see the College’s Equal Employment Opportunity Policy.