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Statement from the President
Harassment of any type will not be tolerated at Adelphi University. If you have any questions or concerns about harassment, or if you need help in resolving a problem, I urge you to contact a member of the Anti-Harassment Panel. Anti-Harassment Panel members have been trained in applicable law, university policy and procedures, and complaint investigation. The Dean for Student Affairs (for students) or the Assistant Vice President for Human Resources and Labor Relations (for employees) are the links in the event that more formal actions are necessary to resolve a complaint.
Thank you.
Robert A. Scott
President
Adelphi University
Anti-Harassment Policy
Adelphi University is proud of its work and academic environment, and will take all necessary steps to ensure that it remains pleasant and collegial for employees, faculty members and students, all of whom are required to treat each other with courtesy, consideration and professionalism. The University will not tolerate harassment of any employee, faculty member or student by any other member of the University community based on an individual's race, creed, color, national origin, sex, age, marital status, disability, ethnicity, sexual orientation, genetic predisposition or carrier status, religion, veteran status, or any other basis protected by applicable local, state or federal laws. With this policy, the University prohibits not only unlawful harassment, but also other unprofessional and discourteous actions. Accordingly, derogatory or inappropriate remarks, slurs, or jokes related to any unlawful factor will not be tolerated. The University shall make this anti-harassment policy available in various and appropriate places on campus and on the University website.
Harassment in any context, in addition to being unlawful, is reprehensible and is a matter of particular concern to an academic community in which students, faculty and staff are related by strong bonds of intellectual dependence, collegiality, and trust.
To demonstrate its commitment to maintaining an environment free of harassment, Adelphi University created an Anti-Harassment Committee to draft this policy and address issues of harassment.
Scope
This policy applies to: students involved in academic, educational, recreational, and living programs; applicants in the admissions process; and recipients of Adelphi's programs or services, including participants in Adelphi-based research projects and activities, student teaching, internships and field placement regardless of locations; and all employees and applicants for employment in all positions. The policy also encompasses University-sponsored events which occur off-campus and all campuses and/or satellite sites are covered by this policy.
Harassment
Conduct prohibited by this policy includes but is not limited to: unwelcome sexual advances, requests for sexual favors, or any other visual, verbal, or physical conduct of a sexual nature; or any derogatory visual, verbal, or physical conduct that reflects bias based on race, creed, color, national origin, sex, age, marital status, disability, ethnicity, sexual orientation, genetic predisposition or carrier status, religion, veteran status, or any other basis protected by applicable local, state or federal laws, when:
- submission to the conduct is made either explicitly or implicitly a condition of the individual's academic or employment advancement;
- submission to or rejection of the conduct is used as the basis for academic or employment decisions affecting the individual;
- the harassment has the purpose or effect of unreasonably interfering with the individual's academic or work performance; or creating an environment which is intimidating, hostile or offensive to the individual.
- The harassment is not directed at a specific individual but nevertheless has the effect of unreasonably interfering with work or academic performance or creating an environment which is intimidating, hostile, or offensive to others.
The University regards such behavior as a violation of the appropriate standard of conduct required of all employees and faculty, students and others associated with the University.
Harassment, including sexual harassment, can occur between individuals of the same or different status, and both men and women can be the subject of harassment by members of either gender. Harassment, including sexual harassment, can involve individuals or groups; can occur during one incident; or over a series of incidents including single incidents, which, in isolation, would not necessarily constitute discrimination or harassment; can be direct or systemic; and can occur between members of the University community, on campus or off.
Each member of the University community must exercise his or her own good judgment to avoid engaging in conduct that may be perceived by others as harassment. Forms of harassment include, but are not limited to:
*genetic predisposition or carrier status – Genetic predisposition means a genotype that increases the risk of disease but does not make it certain.
Carrier status means individuals who have inherited a disease-causing allele (gene).
- Verbal – repeated sexual innuendoes, racial or sexual epithets, derogatory slurs, off-color jokes, propositions, threats, or suggestive or insulting sounds;
- Physical – unwanted physical contact including touching, interference with an individual's normal movement, or assault;
- Visual/Non-verbal – derogatory posters, cartoons or drawings; suggestive objects or pictures; graphic commentaries; leering; or obscene gestures;
- Other – making or threatening reprisals as a result of a negative response to harassment.
The University regards such behavior as a violation of University policy and of the appropriate standard of conduct required of all persons associated with the University. The University is committed to preventing such conduct, investigating complaints of inappropriate conduct, and remedying violations of this policy. Any employee, faculty member, or student who believes that he/she is or may be subjected to objectionable conduct are strongly encouraged to report it immediately to an Anti-Harassment Panel member.
No member of the University community should allow an inappropriate situation to continue by not reporting it, regardless of who is creating that situation. Furthermore, no supervisor or manager is exempt from reporting misconduct in violation of this policy. Those inflicting such behavior on others are subject to the full range of institutional disciplinary action, up to and including separation from the University, and/or referral to authorities for criminal prosecution, as appropriate.
Because the relationship between teacher and student is central to the academic mission of the University, it is essential to establish that the standard of expected conduct in that relationship goes beyond the proscription against sexual harassment as defined in the University's policy. No nonacademic or personal ties should be allowed to interfere with the academic integrity of the teacher-student relationship. With respect to sexual relations in particular, what might appear to be consensual, even to the parties involved, may in fact not be so.
On this basis, any sexual relations between any teacher and any student or other person in a supervisory role and any student are inappropriate. This category includes relations between a graduate student and an undergraduate when the graduate student has some supervisory and/or academic responsibility for the undergraduate. In addition, it includes relations between an administrator, coach, advisor, program director, counselor, or residential staff member who has supervisory responsibility for a student. The University deems such relations to be unethical. The Anti-Harassment Panel Members will respond to reports brought to them of inappropriate and unethical sexual behavior and will act to help ensure the protection of its students and that the integrity of the University is maintained.
In order to discourage such sexual relations, in acting on complaints that come to the University's attention, any complaint of sexual harassment by a student against an individual will be presumed to be a violation of this policy if sexual relations have occurred between them while the individual was teaching or otherwise had, or is likely to have, supervisory responsibility or academic or professional influence over the student.
Additionally, any sexual relations between a supervisor and an employee they supervise are inappropriate.
Other Elements
Failure to recognize that one's behavior is harassing to an individual or group of individuals is not a suitable response to an allegation of harassment. Differences in perception on the part of individuals who have complained of harassment have led to court rulings based on the “reasonable person” standard in evaluating offensive behavior. Accordingly, all members of the University community should consider how others may view their behavior, and not just how they view it themselves.
Gender-based harassment or behavior that ridicules, denigrates, and/or harasses a person because of his/her gender may not be sexual in nature, but may constitute a hostile work or learning environment resulting in harassment and will not be tolerated.
Harassment that is not directed toward a specific individual may still create a hostile or offensive work or learning environment for individuals, and is also prohibited by this policy (e.g., pornographic materials on an office desk). In addition, conduct that is directed to another individual may create a hostile or offensive work or learning environment to a third party who observes or overhears the offensive physical or verbal conduct (e.g., two individuals engaged in a consensual relationship openly discuss their sex lives and this offends another individual).
Persons involved in consensual relationships outside of the teacher/student, supervisor/subordinate, or professional/student roles, must exercise caution to prevent the development of harassing behavior or use of authority inappropriately. If consensual relationships change and are no longer mutual, conduct, once welcome by both individuals, may become unwelcome to one. The fact that there is initial consent forming a romantic relationship does not preclude a charge of harassment in the future.
Confidentiality
The University will investigate every complaint promptly and thoroughly. The existence and nature of a complaint will be disclosed to the extent necessary to make a prompt and thorough investigation and/or as may be necessary to take appropriate corrective measures. Those individuals responding to requests for information regarding any complaint are required to maintain confidentiality. The University will comply with all federal, state and local mandates regarding the reporting of crimes to appropriate authorities.
Retaliation
Under no circumstances will Adelphi University tolerate any retaliation against an individual for making a complaint of harassment or discrimination in good faith under this policy or for participating in an investigation. The University considers such retaliation or the threat of retaliation at any stage to be a serious offense because it is unlawful and may prevent potential complainants, witnesses, or others from reporting harassment. Any individual who is retaliated against or threatened in any way should report any such retaliatory act to any of those to whom a report of harassment might be made under this policy. Any complaint of retaliation will be investigated and appropriate action will be taken consistent with this policy.
Cooperation / Obstructing the Process
All members of the University community, including employees, students, faculty, and administrators are asked to assist and cooperate in the application of this policy, in particular by cooperating in any investigation under this policy. Any person whose willful action or inaction obstructs the application of these procedures or who breaks an agreement shall be subject to disciplinary action. Additionally, those with supervisory responsibility, such as senior administrators, deans, managers, or supervisors should be aware that they might be held responsible/liable for actions or inaction, which obstructs the application of this policy and, in addition, are required to report any incidences of harassment to the proper contact person.
Support and Assistance
Members of unions and employee associations have all rights to representation that their Collective Bargaining Agreements confer. Students may avail themselves of the support and assistance as outlined in the Code of Conduct, which is available in the Guide to Student Life at the Office of the Dean of Student Affairs.
Implementation
The Office of the Assistant Vice President for Human Resources and Labor Relations, in conjunction with the Coordinator of the Anti-Harassment Panel, will be responsible for the implementation and dissemination of this policy.
What To To If You Are Being Harassed
If you think you are being harassed, DO NOT:
- Ignore the incident – it probably will not go away on its own;
- Resign a position, transfer departments, drop a class, or change a class to avoid the problem;
- Automatically believe that you caused the incident or provoked the harassment;
- Believe that the complaint will be taken lightly, ignored or trivialized.
If you think you are being harassed, you may want to (but are not required to), consider telling the harasser to stop. The harassed person may not have directly told the harasser to stop. The harassed person should consider approaching the harasser and saying “I want (whatever the harassing behavior is) to stop immediately” in a firm and assertive manner. This approach gives the complainant an active role in the resolution process and, hopefully, a sense of “empowerment.”
Telling the harasser to stop will often deter the harasser from subsequent and more progressive acts of harassment. If the complainant does not want to confront the harasser on his/her own, or wishes to take other actions in conjunction with a personal confrontation, the complainant should proceed according to the following process described below.
The Anti-Harassment Panel
The Anti-Harassment Panel is a group of individuals composed of Adelphi employees who have been selected based upon their interest in the topic, skill in resolving these issues, knowledge of this topic, training, and willingness to dedicate the time and resources necessary for completion of their responsibilities as assigned.
Anti-Harassment Panel members shall be instructed how to respond to allegations of harassment and are kept up-to-date on Adelphi’s current Anti-Harassment Policy and campus and national harassment cases and they stand prepared to provide information on the avenues of recourse available to resolve the alleged complaint.
The members of the Anti-Harassment Panel may change at any time but every effort will be made to ensure that the Panel contains at least one female and one male member and for the composition of the panel to be diverse. A list of current members will be made available at the following locations: Adelphi’s website, the Swirbul library, the Office of Human Resources, the Office of the Dean of Student Affairs, the Student Counseling Center and Health Services.
Each individual on the Panel will assume the following roles:
- meet with individuals who allege that they have been the victim of harassment;
- clarify the definitions of harassment and discuss how these definitions may or may not pertain in the circumstances described by the complainant;
- discuss with the complainant whether counseling should be considered based upon the circumstances;
- where appropriate, assist the complainant in filing a formal, written complaint regarding the harassment;
- facilitate the filing of the complaint with the appropriate individual;
- participate in on-going education for the campus community regarding matters of harassment to include the creation and dissemination of appropriate educational materials about harassment, and to conduct or host seminars or training sessions for all members of the campus community.
The following are the names of the individuals to whom complaints may be directed.
| Lisa Araujo |
Assistant Vice President for Human Resources & Labor Relations Office of Human Resources, Levermore Hall, Room 203, araujo@adelphi.edu, 877-3230 |
| Dr. Ellen Bogolub |
Associate Professor, School of Social Work, Social Work Building Room 353, bogolub@adelphi.edu, 877-4356 |
| Jane Fisher |
Manager of Employment, Employee & Labor Relations, Office of Human Resources, Levermore Hall, Room 203, fisher2@adelphi.edu, 877-3222 |
| Kermit Frazier |
Professor, English Department, Harvey Hall, Room 216, frazier@adelphi.edu, 877-4023 |
| Dr. Perry Greene |
Associate Provost for Faculty Affairs, Levermore Hall, Room 101, greene@adelphi.edu, 877-4041 |
| Jeffrey Kessler |
Dean for Student Affairs, University Center, Room 108, kessler@adelphi.edu, 877-3660 |
| James McGowan |
Executive Director of Off-Campus Administration, Enrollment Management & Student Affairs, Levermore Hall, Room 304, mcgowan2@adelphi.edu,877-3162 |
| Dr. Ruth McShane |
Assistant Dean, College of Arts & Sciences, Science building, Room 127, mcshane@adelphi.edu, 877-4121 |
| Angela Price |
Custodian, Housekeeping, Physical Plant, Klapper Center for Fine Arts, aprice@adelphi.edu, 877-6877 |
The Reporting Process
Any member of the University community who believes that he or she has been the object of harassment in violation of this policy or believes that he or she has been treated in an unlawful, discriminatory manner, is encouraged to report the complaint immediately to a Panel member.
The complainant has the option of initiating the complaint in person by meeting with a member of the Anti-Harassment Panel or through Adelphi University’s anonymous on-line complaint form at Adelphi’s website: http://administration.adelphi.edu/hr/harassmentreport.php.
Formal Action
A complaint could be filed with any Panel Member, who will assist the complainant in filing a detailed written description of the actions, dates, incident(s), persons involved, witnesses, and other pertinent information. After meeting with the complainant, the Panel member would ask the Assistant Vice President for Human Resources & Labor Relations (for non-faculty employees and nonstudents), Associate Provost for Faculty Affairs (for faculty employees) and/or Dean of Student Affairs (for students), or their designees, to consult and conduct the investigative process applicable as detailed below:
- Complaints against Faculty Members The Chief Academic Officer, or his/her designated representative, will take action for investigation into charges of violations of this Anti-Harassment Policy by faculty members. Faculty members shall be subject to the provisions of the Collective Bargaining Agreement between the University and the Adelphi University Chapter of the American Association of University Professors. Any faculty member who, after appropriate investigation, has been found to have harassed another member of the University community, will be subject to disciplinary action, which may include reprimand, suspension from service for a stated period, with or without pay, termination of employment, or such other lesser penalties deemed appropriate for the violation. Individuals who appeal any formal disciplinary action taken against any faculty member covered by the Collective Bargaining Agreement shall have access to the specified contractual appeal procedure.
- Complaints against Non-faculty employees The Assistant Vice President for Human Resources and Labor Relations, or his/her designated representative, will take action for investigation into charges of violations of this Anti-Harassment Policy by non-faculty employees. Any individual who, after appropriate investigation, has been found to have harassed another member of the University community, will be subject to disciplinary action, which may include reprimand, suspension from service for a stated period, with or without pay, termination of employment, or such other lesser penalties deemed appropriate for the violation. Individuals who appeal any formal disciplinary action taken against any non-faculty member covered by a Collective Bargaining Agreement shall have access to any applicable contractual appeal procedure, and any non-union employee shall have right of appeal to the Vice President for Administration & Student Services, or his/her designee.
- Complaints against Students The Code of Conduct, under the jurisdiction of the Dean of Student Affairs, will govern actions for student violations of the Anti-Harassment Policy.
The Panel member initially contacted by the complainant will act as an advisor, contact person, and resource to the complainant throughout the process. A complaint can result in disciplinary action, up to and including suspension from Adelphi and/or termination of employment and possible criminal prosecution, as may be appropriate.
Informal Resolution
Alternatively, there may be situations where a more informal resolution to a complaint of harassment may be appropriate. At his or her option, the complainant may request that the complaint be handled on an informal basis (that is, if the complainant does not seek formal disciplinary action on his/her behalf and cessation of the alleged conduct in question is the only desired goal). However, certain allegations of harassment are not appropriately handled through informal mechanisms and the University at all times retains the right to investigate any complaint in a formal manner or take whatever other action it deems appropriate, with or without the complainant’s consent.
If informal action is deemed appropriate by the Panel member (after consultation with the Coordinator of the Panel), a written complaint would not be required, however, the Panel member must provide an overview of the complaint to the Committee Coordinator. Panel members are authorized to take and retain written notes in connection with the complaint, even if an attempt is made to resolve the matter informally. If the complainant voluntarily elects to deal with the problem personally, the Panel member can offer advice on different ways to handle the situation. The Panel member also may explore other possible informal resolutions to the complaint, such as a letter to a respondent, clarification of University policy or an informational meeting between the Assistant Vice President for Human Resources and Labor Relations (for non-faculty employees and nonstudents), Associate Provost for Faculty Affairs (for faculty employees), or Dean of Student Affairs (for students) or their designee(s), the respondent, and the complainant, if appropriate and desired by the complainant.
In addition, at any time during or following the conclusion of the informal resolution process, the complainant has the right to discontinue or bypass informal resolution and initiate a formal complaint. Similarly, at any time during or following the conclusion of the informal resolution process, the University has the right to investigate and handle the complaint in a formal manner, with or without the complainant’s consent.
False Complaints
A complainant who makes allegations against another member of the University community in bad faith or for vexatious purpose (instituted without real grounds and meant to harm) will be subject to disciplinary action.
An inquiry into a vexatious complaint would be considered to be a separate case and would constitute a separate investigation by the Anti-Harassment Panel.
Policy Review
This policy will be reviewed for possible revision on an annual basis, or as otherwise necessary.
Anti-Harassment and Individual Speech Guidelines
It is the policy of Adelphi University that all employees and students be able to work and pursue their goals in an educational environment absent discriminatory harassment. Adelphi recognizes a moral, legal, and contractual obligation to maintain reasonable educational, residential and working environments. Consistent with these obligations, Adelphi is committed to prohibiting harassment and achieving diversity within the University community.
The role of universities in the community is to encourage the free flow of thoughts and ideas essential to higher education. Therefore, while Adelphi University does not encourage offensive or insensitive speech, principles of academic freedom may limit the University’s ability to restrict speech as a means to oppose harassment and discrimination.
Notwithstanding the University’s promotion of free speech, the University may impose reasonable regulations on its time, place and manner. For example, the University could compel students to move or postpone an unscheduled rally if the space previously had been properly reserved by another group. In addition, speech deemed by the University to be threatening, intimidating or harassing may be subject to further regulation in accordance with this policy.
