Investigation Of Sexual Harassment
All reports, complaints or other information about suspected harassment will be investigated, regardless of whether that information was reported verbally or in writing. Investigations will be conducted in a timely and thorough manner commensurate with the nature of the report, and will be kept confidential to the extent possible.
As noted above, complaints containing allegations of sexual harassment must be reported to the Title IX Coordinator. Upon review, the Title IX Coordinator will determine whether such complaints will be investigated pursuant to the Title IX Policy or whether they shall continue pursuant to the investigation procedures and policies set forth below.
While each investigation may vary depending on the specific circumstances, in conducting a fair and impartial investigation, in accord with the “due process” the College will generally: (i) provide appropriate notice of the allegations to anyone who is the subject of a harassment complaint; (ii) provide an opportunity to respond to the allegations; and (iii) provide complainants and witnesses an appropriate opportunity to present relevant information, including documents and other evidence relevant to the investigation. the College reserves the right to adapt and modify its investigatory procedure(s), in its discretion, based on the nature of the report and the alleged conduct at issue. This policy in no way alters the at-will nature of employment at the College.
All employees and other individuals covered under this policy are required to cooperate, as needed, in an investigation of suspected harassment. Employees and other individuals who participate in an investigation are protected from retaliation.
All persons involved in the reporting and investigation of harassment are obligated to keep the information pertaining to the investigation confidential to the maximum extent possible to protect the privacy of those involved and to allow the College to conduct an objective and fair investigation. This means that all persons involved will share such information only with persons who have a need to know.
If the College determines this policy has been violated, it will take effective remedial action(s) commensurate with the circumstances. If the College concludes that an employee has violated this policy, the College will take appropriate action(s) to stop the harassment and to discipline the offending employee, which may include termination. If the College concludes that a non-employee has violated this policy, the College will take appropriate action(s) to stop the harassment and attempt to deter any future harassment. Please Note: The College reserves the right to discipline individuals for conduct that it deems inappropriate or unprofessional, even if the behavior does not rise to the level necessary to violate the law.
The College will notify the individual who was subject to the reported conduct and the person who filed the report, if different, whether or not the investigation confirms a violation of policy. The College will also notify the individual(s) about whom the reported conduct was made regarding the investigation outcome and, where applicable, implement corrective action(s). Information about the College’s responsive action(s) may or may not be provided, depending on the circumstances. Any person who experiences or witnesses further harassing conduct or any retaliation should make an additional report pursuant to this policy.
Legal Protections and External Remedies
Unlawful harassment is not only prohibited by the College, but is also unlawful under state, federal, and (where applicable) local laws. In addition to the procedures described in this policy, individuals may choose to pursue legal remedies with the governmental entities set forth below.
New York State
The New York State Division of Human Rights (DHR) is the administrative agency assigned to enforce the Human Rights Law (HRL), codified as N.Y. Executive Law, Art. 15, § 290 et. seq., which prohibits sexual harassment in employment in New York State, and protects employees and other individuals working in an employer’s workplace. A complaint alleging a violation of the HRL may be filed either with the DHR (For conduct that occurred prior to February 15, 2024: subject to a one-year statute of limitations generally and a three-year statute of limitations for sexual harassment claims; For conduct that occurred on or after February 15, 2024, subject to a three year statute of limitations for all claims of harassment and discrimination) or in New York State Supreme Court (subject to a three-year statute of limitations).
If unlawful discrimination is found after a hearing, the DHR or the court may award relief, which may include requiring the employer to take action to stop the harassment, to redress the damage caused, including reversing an unlawful employment action, and paying monetary damages, attorneys’ 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, (718) 741-8400. The DHR can also be contacted at (888) 392-3644 or at www.dhr.ny.gov. In addition, the DHR has established a toll-free hotline where employees can receive advice regarding sexual harassment: (800) 427-2773.
Federal
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 Civil Rights Act (codified as 42 U.S.C. § 2000e et. seq.). In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.
An employee must file a complaint with the EEOC within 300 days from the conduct giving rise to the complaint. The EEOC also investigates complaints, but does not hold hearings or award relief. The EEOC may take other action, including pursuing cases in federal court on behalf of complaining parties, or issuing a Right to Sue Letter that allows an individual to pursue his/her claims in federal court. Federal courts may award remedies if discrimination is found to have occurred. The EEOC can be contacted by telephone at 1-800-669-4000 (1-800-669-6820 (TTY)), through its website at www.eeoc.gov, or via email at info@eeoc.gov. If an individual files an administrative complaint with DHR, DHR will file the complaint with the EEOC if there is a work-sharing agreement between the agencies to preserve the individual’s right to proceed in federal court.
Many localities also enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which he/she lives to find out if such a law exists. If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime, and it may be appropriate to report such conduct to the local police department.