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Sexual Harassment PolicyIntroduction and Table of ContentsThe Office of Human Resources provides information on sexual harassment as it applies to both students and faculty under the provisions of state law and campus policy. The following list represents the various issues and policies contained within this document:
Definition of Sexual HarassmentSexual Harassment is: any repeated or unwanted verbal or physical sexual advance, sexually explicit derogatory statements, or sexually discriminatory remarks made by someone in the workplace or classroom, which is offensive or objectionable to the recipient or which causes the recipient discomfort or humiliation or interferes with the recipient's education or job performance (Definition developed by NOW and Working Women's Institute). Sexual harassment may include one or more of the following:
Sexual Harassment and the LawSexual harassment is a violation of Section 703 of Title VII of the Civil Rights Act of 1964. In November, 1980, the Federal Equal Employment Opportunity Commission (EEOC) issued guidelines defining sexual harassment as a form of sex discrimination. These guidelines state that unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of sexual nature constitute sexual harassment when:
<<< back to list What to do if you are being sexually harassedIf you find yourself in a situation that could involve sexual harassment it is suggested that the following steps be taken:
<<< back to list Campus policy statement on sexual harassmentIn the fall of 1980 the Equal Employment Opportunity Commission amended its guidelines on discrimination on the basis of sex to clarify position on the issue of sexual harassment in employment to reaffirm that sexual harassment is an unlawful employment practice under Title VII of the Civil Rights Act of 1964, as amended. Previous court rulings support EEOC's position that sex-related intimidation is sex-based discrimination. The Commission has long contended that sexual harassment, like racial, religious or ethnic intimidation, in employment creates a psychologically harmful atmosphere that interferes with work performance, and that employers have an affirmative duty to ensure that the work place is free of discrimination of any form. The Commission also recognizes that despite its illegality, the practice continues to be widespread. It is now being treated with increasing seriousness by the courts, government agencies and academic institutions nationwide. The newly promulgated amendment, revised to afford protection to female and male employees alike against unfair abuse of sexual privacy, specifies that harassment on the basis of sex is a violation of Federal law. It defines such behavior, either physical or verbal in nature, as "Unwelcome sexual advances, requests for sexual favor and other verbal or physical conduct of a sexual nature" when:
Though the guidelines are based on Title VII and apply only to sexual harassment in the work place, these guidelines should be interpreted to apply to students as well under Title IX of the 1972 Education Amendments. Both employees and students alleging harassment may use the SUNY Internal Grievance Procedure for Review of Allegations of Discrimination. Should disciplinary action be found necessary, the appropriate procedure applicable under collective bargaining agreements or campus student judiciary regulations will be used. Filing a complaint with the college does not preclude a grievant from filing with outside enforcement agencies, such as the EEOC or the State Division of Human Rights. Formal complaints of this nature should be filed with the Assistant
Vice President of Human Resources, Kunsela Hall, Room A011, or by calling
792-7191. Deadline for filing grievances is, for most situations, within
45 calendar days following the alleged discriminatory act. Updated: January 6, 2003 |
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