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The City University of New York
 Policy
Against Sexual Harassment
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. Harassment of employees
or students based upon sex is inconsistent with this objective
and contrary to the University policy of equal employment and
academic opportunity without regard to age, sex, sexual
orientation, alienee or citizenship, religion, race, color,
national or ethnic origin, handicap, 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.
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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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, super visor
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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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 of 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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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
coworker 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 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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This policy shall not be interpreted so as
to constitute interference with academic freedom.
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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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The University shall develop procedures to
implement this policy. The President of each constituent college
of the University, the Deputy Chancellor at the Central Office,
and the Dean of the Law School shall have ultimate
responsibility for overseeing compliance with this policy at his
or her respective unit of the University. In addition, each
dean, director, department chairperson, executive officer,
administrator, or other person with supervisory responsibility
shall be 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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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.
Effective October 1, 1995
The City University of New
York
535 East 80th Street
New York, New York 10021
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