University PolicySexual discrimination in the form of sexual harassment, defined as the use of one’s authority and power to coerce another individual into sexual acts or relations or to punish the other for his/her refusal, shall be a violation of the policy of SUNY Fredonia. Sexual Harassment PolicyAs an educational institution, SUNY the State University of New York at Fredonia is committed to maintaining a campus environment where all members of the academic community are able to work and pursue collegial study in an atmosphere of mutual respect, civility and trust. Any violation of this trust damages the institution’s educational mission by undermining the freedoms of inquiry and expression. We must make it unmistakably clear to every member of the faculty and academic staff, to every employee and every student that sexual harassment and discrimination will not be tolerated here on this campus. As a form of discrimination, sexual harassment is a violation of both federal and New York State laws, including Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and New York Human Rights Act of 1982. Sexual harassment is any repeated or unwanted verbal or physical sexual advance, sexually explicit derogatory statement, or sexually discriminatory remark made by someone in the workplace or educational setting. Such objectionable behavior may offend the recipient, cause discomfort or humiliation, and interfere with the recipient’s job or school performance. This behavior constitutes sexual harassment when: submission to such conduct is made either explicitly or implicitly ScopeThis policy applies to all students, administrators, faculty, staff and guests of Fredonia. All members of the community are encouraged to report any incidents of sexual discrimination or harassment of which they become aware that compromises the well being of an individual or the campus community. Defining Sexual HarassmentSexual Harassment in the Employment Setting is defined as: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when any of the following occurs: Submission to such conduct is made a term or condition of an individual’s employment or academic standing;submission individual's continued employment, promotion or other condition of employment. Submission to or rejection of such conduct by an individual is used as the a basis for employment or academic decisions affecting the individual;such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an employee or job applicant. Such conduct is intended to interfere with an individual's work performance, or creates an intimidating, hostile, or offensive working or learning work environment. Although we would like to believe that instances of sexual harassment and sexual assault are not common on this campus, I want to reiterate university policy on this important matter. If such cases come to the attention of the university administration and, after careful investigation, are substantiated, we will take appropriate disciplinary action. Complainants should be assured that their concerns will be treated with appropriate confidentiality and that they are protected from retaliation for having reported the incident. All of us should keep in mind that students, by virtue of their status, are almost always less powerful and more dependent than others in the university community. This power-dependency exists not only between students and classroom teachers, but frequently between students and other university staff. Accordingly, employees who invite, encourage or accept intimate relationships with students do so with a risk of exploiting them. Such sexual exploitation, when it occurs, will not be tolerated; nor will we tolerate derogatory sexual remarks and/or insensitive innuendoes, advances, or pressure toward anyone, no matter what the source. Employees or students who feel they have been harassed in this manner by supervisors, faculty or staff can file formal complaints under the SUNY Grievance Procedure for Review of Allegations of Discrimination. Such complaints can be filed with Affirmative Action at 143 Fenton Hall, 673-3358. Students who feel they have been harassed by other students can file formal complaints with the Office of Student Affairs, 608 Maytum Hall, 673-3271 Sexual Harassment in the Educational setting is defined as: Unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment of a student denies or limits, on the basis of gender, the student's ability to participate in or to receive benefits, services, or opportunities in the educational institution's program. Reporting and Addressing Complaints: Sexual discrimination, including sexual harassment should be promptly reported to the Title IX Coordinator at the Office of Diversity, Equity, and Inclusion, 143 Fenton Hall, 716-673-3358. Any such information provided shall, to the extent possible, be handled in a manner to maintain the privacy of the reporting party(ies). Fredonia students and employees can choose to participate in a SUNY-wide grievance procedure to initiate investigation and potential resolution of a complaint. Detailed information regarding the process, including the complaint form is available on the discrimination complaint procedure website. Use of the internal grievance procedure does not deprive a complainant of the right to file with outside enforcement agencies, such as the New York State Division of Human Rights, the Equal Employment Opportunity Commission, the Office for Civil Rights of the United State Department of Education, and/or the Office of Federal Contract Compliance of the United States Department of Labor. Harassment shall be found where, in aggregate, the incidents are sufficiently pervasive, or persistent, or severe that a reasonable person, of similar background would be adversely affected to a degree that interferes with their ability to participate in or to realize the intended benefits of an institutional activity, employment, or resource. Should disciplinary action be implemented, or campus judiciary proceedings invoked, it shall be done consistent with the terms and conditions of the governing collective bargaining Agreement or campus judicial policy. An employee or student who participates in the discrimination complaint process, or reports an incident of discrimination due to harassment, has the right to do so without fear of retaliation. If retaliation were to occur, appropriate sanctions or disciplinary action consistent with the terms and conditions of the governing collective bargaining Agreement or campus judicial policy shall be followed. |