||Anti - Discrimination, Harassment (including Sexual Misconduct), and Retaliation Policy
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Statement from the President
Discrimination, harassment (including sexual misconduct), and retaliation of any type will not be tolerated at Adelphi University. Upon notice, the University will act to end the discrimination, harassment or retaliation; prevent its recurrence; and remedy its effects on the victim and the University community. If you have any questions or concerns about discrimination, harassment (including sexual misconduct), and/or resulting retaliation, or if you need help in resolving a problem, I strongly encourage you to contact one of the Anti-Discrimination Panel members listed below, or any of the Panel members listed in Section X. For emergency or immediate assistance at any hour of the day on any day of the week, contact the Department of Public Safety (516) 877-3511 or dial 5 from any campus phone.
You may fill out a complaint form at www.adelphi.edu/hr/harassmentreport.php. While providing detail is essential to investigating your complaint, please be advised that some or all of the information you provide may be shared with the person(s) you are accusing. You may supplement this description later if you wish to share additional details. You may choose to file this complaint form anonymously. This form will be received and reviewed by the Director of Employment, Employee, and Labor Relations and Associate Vice President for Human Resources and Labor Relations.
Here is the contact information for a complaint or information:
- If you are a student complainant, contact Jeffrey Kessler (Dean of Student Affairs), firstname.lastname@example.org or (516) 877-3151;
- If you are an employee or third party complainant, or if you have questions pertaining to this policy, contact Jane Fisher (Director of Employment, Employee, & Labor Relations), email@example.com or (516) 877-3222.
- In addition, you may contact Rhonnie Jaus (Title IX Coordinator, Director, Equity and Compliance), firstname.lastname@example.org or (516) 877-4819 for matters pertaining to this policy.
Robert A. Scott
I. Statement of Policy
Anti-Discrimination, Harassment (Including Sexual Misconduct), and Retaliation Policy (“Policy”)
Adelphi University is proud of its work and academic environment and will strive to maintain a pleasant and collegial environment for employees, students, guests and visitors, all of whom are expected to treat each other with courtesy, consideration and professionalism. The University will not tolerate discrimination, harassment (including sexual misconduct), or retaliation based on the protected status of an individual's race, creed, color, national origin, sex, gender, 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 discourages not only unlawful discrimination, harassment (including sexual misconduct), and retaliation, but also other unprofessional and discourteous actions. Derogatory or inappropriate remarks, slurs, or jokes related to any protected class will not be tolerated. The University will make this Policy available in various and appropriate places on campus and on the University website.
Discrimination, harassment (including sexual misconduct), and/or retaliation 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 interdependence, collegiality, and trust.
Discrimination, harassment (including sexual misconduct) and retaliation are violations of University Policy and of the appropriate standard of conduct required of all persons associated with the University. The University is committed to preventing, investigating, and remedying violations of this Policy. Those members of the community inflicting such behavior on others are subject to the full range of institutional disciplinary actions, up to and including separation from the University, and/or referral to authorities for criminal prosecution, as appropriate. Non-members of the community, such as guests or visitors, who inflict such behavior on campus, at campus events or within campus programs may be referred for criminal prosecution, and/or barred from campus events and property, and/or referred to institutions or employers with which they are affiliated. Guests and/or visitors impacted by discrimination, harassment (including sexual misconduct), and/or retaliation are protected by these policies and procedures.
A violation of any University policy which is motivated by the actual or perceived membership of the victim in a protected class may be investigated, resolved and remedied under this policy. Any misconduct related to or coinciding with a violation of this policy may also be investigated and resolved and remedied hereunder.
II. Scope of Policy
This Policy applies to: anyone involved in academic, educational, recreational, and living programs; visitors, guests and campers; applicants in the admissions process; and recipients and/or providers of Adelphi's programs or services, including participants in Adelphi-based research projects and activities, student teaching, internships and field placements regardless of locations; subcontractors and all employees and applicants for employment in all positions. The Policy also encompasses University-sponsored events that occur off-campus; all campuses and/or satellite sites; off-campus incidents that have an on-campus impact or affect members of the campus community regardless of whether such members are on or off campus; off-campus and/or online speech or conduct, such as social networking sites, which causes a substantial disruption to University operations and/or mission or affects members of the campus community. While the Code of Conduct will govern complaints regarding misconduct by students, this Policy provides important definitions and other information that will be relevant to any member of the community, including students.
Finally, this Policy also applies to events sponsored by other individuals or entities that may take place on any campus or satellite site of Adelphi University regardless of whether or not members of the campus community are involved.
III. Discrimination, Harassment (Including Sexual Misconduct), and Retaliation
Actions that deprive individuals of educational or employment access, benefits or opportunities on the basis of the individual’s actual or perceived protected status (as protected status is described in Section I above).
Harassment prohibited by this Policy includes, but is not limited to, conduct which constitutes sexual misconduct or other unwelcome conduct of a sexual nature, which includes unwelcome sexual advances, requests for sexual favors, or any other visual, verbal, non-verbal, or physical conduct of a sexual nature. Sexual harassment shall also include, but not be limited to, sexual violence, which refers to physical sexual acts that occur without consent or where a person is incapable of giving informed consent as a result of drugs or alcohol, intellectual or other disability, or age.
Harassment prohibited by this Policy may also consist of derogatory visual, verbal, non-verbal, or physical conduct that demonstrates bias based on an individual’s actual or perceived protected status (as protected status is described in Section I above) when:
- submission to the conduct is made either explicitly or implicitly a term or condition of the individual's academic or employment status or advancement; or
- submission to or rejection of the conduct is used as the basis for academic or employment decisions affecting the individual; or
- the conduct has the purpose or effect of unreasonably interfering with the individual's academics (including social and residential experiences) or work performance by creating a hostile environment, regardless of whether it is directed toward that or any specific individual.
Examples of prohibited conduct that constitutes harassment include, but are not limited to:
- Verbal or non-verbal repeated and unwelcome sexual advances, innuendoes or propositions, racial or sexual epithets, derogatory slurs, off-color jokes, threats, or suggestive or insulting actions and/or sounds;
- Unwanted physical contact including touching, interference with an individual's normal movement, or assault;
- Derogatory visual posters, cartoons or drawings; suggestive objects or pictures; graphic commentaries; leering; or obscene gestures.
- Threatening or causing physical harm, or other conduct that threatens or endangers the health or safety of any person on the basis of their actual or perceived membership in a protected class;
- Intimidation, defined as implied threats or acts that cause a reasonable fear of harm in another on the basis of actual or perceived membership in a protected class;
- Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Hazing Policy) on the basis of actual or perceived membership in a protected class. Hazing is also illegal under state law and prohibited by University policy.
- Bullying, defined as repeated and/or aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally, on the basis of actual or perceived membership in a protected class;
- Violence between those in an intimate relationship to each other on the basis of actual or perceived membership in a protected class (this includes romantic relationships, domestic and/or relationship violence);
- Stalking, defined as a course of conduct directed at a specific person on the basis of actual or perceived membership in a protected class that is unwelcome and would cause a reasonable person to feel fear.
- Hostile Environment
A hostile environment exists when: conduct is severe, pervasive or persistent, and is on the basis of actual or perceived membership in a protected class, and limits, denies or unreasonably interferes with an individual’s work or academic experience (including social and residential participation).
- Sexual Misconduct as Harassment
The relationship between teacher and student is central to the academic mission of the University. Personal ties should not 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, due to the inherent imbalance of power.
Therefore, faculty, and/or graduate assistants, are prohibited from having sexual relations and/or amorous relationships with any student they teach, supervise, or advise. Similarly, any employee in a supervisory role may not have sexual relations and/or amorous relationships with any student or employee they supervise directly or indirectly. Examples include: sexual relations between a student and an administrator, coach, advisor, program director, counselor, or professional residential staff member who has oversight responsibility for a student. The University will respond to all reports of prohibited or inappropriate sexual behavior.
In acting on complaints that come to the University's attention, sexual harassment will be considered to have occurred in violation of this Policy if the employee has engaged in sexual relations with a student while the individual was teaching or otherwise had, or is likely to have, supervisory responsibility or academic or professional influence over the student regardless of whether the sexual relations were consensual or not.
Persons involved in consensual sexual relationships outside of the teacher/student, supervisor/subordinate, or others previously noted, must exercise caution to prevent the development of harassing behavior or use of authority inappropriately. Consensual relationships can change and conduct once welcomed by both, may become unwelcome to one. The fact that there is initial consent to forming a romantic relationship or a specific sexual encounter does not preclude a charge of harassment in the future or transform unethical behaviors into acceptable conduct.
- Non-Consensual Sexual Intercourse
- any sexual penetration or intercourse (anal, oral or vaginal),
- however slight,
- with any object,
- by a person upon another person,
- that is without consent and/or by force.
Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation by mouth to genital contact or genital to mouth contact.
- Non-Consensual Sexual Contact
- any intentional sexual touching,
- however slight,
- with any object,
- by a person upon another person,
- that is without consent and/or by force.
Sexual touching includes any bodily contact with the breasts, buttocks, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
- Sexual Exploitation
Sexual Exploitation refers to a situation in which a person takes non-consensual or abusive sexual advantage of another, and situations in which the conduct does not fall within the definitions of Sexual Harassment, Non-Consensual Sexual Intercourse or Non-Consensual Sexual Contact.
Examples of sexual exploitation include, but are not limited to:
- Sexual voyeurism (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed).
- Taking pictures or video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent).
- Sexual exhibitionism.
- Sexual Exploitation also includes engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) and without informing the other person of the infection, and further includes administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or consent.
Consent is to give knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct.
A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this Policy. It is not an excuse that the individual accused of sexual misconduct was intoxicated and, therefore, did not realize the incapacity of the other.
In New York, a minor cannot consent to sexual activity. Sexual activity or contact between an adult and a minor is a violation of this Policy.
Incapacity is defined as the inability to make rational, reasonable decisions due to lack of capacity to give informed consent (e.g., the person lacks the ability to understand the “who, what, when, where, why or how” of engaging in sexual activity). This Policy also covers a person whose incapacity results from mental, intellectual or other disability, involuntary physical restraint, and/or from the use of alcohol or drugs.
Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. Silence or the absence of resistance alone is not consent. A person can withdraw consent at any time during sexual activity by expressing in words or actions that he or she no longer wants the act to continue, and, if that happens, the other person must stop immediately.
Retaliation is an intentional action taken by an accused individual or allied third party, absent legitimate non-discriminatory purposes, that harms an individual as reprisal for filing a complaint, supporting a complainant or otherwise participating in a proceeding pursuant to this Policy. Under no circumstances will Adelphi University tolerate any retaliation against an individual or group for making a complaint of harassment or discrimination in good faith under this Policy or for participating in an investigation.
Examples of retaliation include, but are not limited to, the following actions taken because the individual has filed or makes known plans to file a complaint pursuant to this policy:
- A professor fails a student, dismisses his/her work without valid reasoning where the student has filed or makes known plans to file a complaint against the professor.
- A professor intentionally embarrasses, causes mental or physical harm to a student where the student has filed or makes known plans to file a complaint against the professor.
- A professor assigns grades lower than the student earned to a student who has filed or makes known plans to file a complaint against the professor.
- A professor imposes inequitable course load requirements on a student who has filed or makes known plans to file a complaint against the professor.
- A coach limits the amount of playing time during an athletic activity for a student who has filed or makes known plans to file a complaint against the coach.
- A supervisor gives deflated performance evaluations, or withholds deserved support for tenure and promotion, or requires punitive work assignments of an employee who has filed or makes known plans to file a complaint against the supervisor.
- A professor or administrator excludes a student from participation in an organization, club or activity when the student has filed or makes known plans to file a complaint against the professor or administrator.
- A third party or person disparages a student or employee who supports a complainant.
- Other Elements of Discrimination, Harassment (Including Sexual Misconduct) and/or Retaliation
Discrimination, harassment (including sexual misconduct), and/or retaliation can occur between individuals of the same or different status, and all persons, regardless of gender or sexual orientation, can be the subject of or perpetrator of this conduct. This conduct can involve individuals or groups; can occur during one incident or over a series of incidents that in isolation, would not necessarily constitute discrimination or harassment, but can be so by pattern or repetition over time; and can be direct or systemic.
Each member of the University community should avoid conduct that may be perceived by a reasonable person as discrimination, harassment (including sexual misconduct), and/or retaliation.
Failure to recognize that one's behavior is harassing or discriminatory to an individual or group of individuals is not an acceptable response to an allegation of discrimination, harassment (including sexual misconduct), and/or retaliation. Differences in perception on the part of individuals who have complained of discrimination, harassment (including sexual misconduct), or retaliation 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, not just their intent.
V. Cooperation / Obstructing the Process
All members of the University community, including students, faculty, and staff are expected to report all violations of this Policy and assist and cooperate in the application of this Policy, in particular by cooperating in any investigation under this Policy. Any person who knowingly misrepresents the truth, or whose willful action or inaction obstructs the application of these procedures, will be subject to disciplinary action.
While all members of the Adelphi community are strongly encouraged to report an inappropriate situation, regardless of who is creating that situation and may be required to report criminal actions by law, all persons who act in a supervisory, managerial, or instructional role are required to report misconduct in violation of this Policy. Additionally, those with supervisory responsibility, such as senior administrators, deans, managers, supervisors, or instructors should be aware that they can be held responsible and/or personally liable for actions or inaction that obstructs the application of this Policy and, in addition, are required to report any incidents of discrimination, harassment (including sexual misconduct), or retaliation to the proper contact person. Furthermore, any member of the Adelphi community who observes or learns about the abuse of a minor is required to report it immediately to the Office of Public Safety.
VI. What To Do If You Are Experiencing Discrimination, Harassment (Including Sexual Misconduct), and/or Retaliation
If you think you are the subject of discrimination, harassment (including sexual misconduct) and/or retaliation, it is recommended that you:
- Consider telling the person to stop the objectionable behavior, or consider asking for help to do so;
- Document what you are experiencing and date each occurrence;
- Report the objectionable behavior (see “Reporting Process” below) before you consider resigning from a position, transferring departments, dropping a class, or changing a class to avoid the problem;
- Familiarize yourself with policies, support services, and resources available.
VII. Process for Resolution of Allegations of Discrimination, Harassment (Including Sexual Misconduct), and/or Retaliation
- Confidentiality and Privacy in the Reporting Process
Confidentiality (meaning privacy of information about complaints and investigations) will be maintained to the extent required by law and to the extent possible given the University’s obligations under law and under this Policy. At the beginning of the process, the University will inform the complainant about confidentiality standards and privacy concerns.
The University will evaluate a request for no action on a complaint in the context of its responsibility to provide a safe and nondiscriminatory environment for all. Therefore, while absolute confidentiality cannot be promised, the University will treat the concerns of the complainant with sensitivity and respect. A complainant should realize that a request for confidentiality may limit the University’s ability to respond.
- The Reporting Process
Any employee, student, or third party who believes that he/she is or may have been subjected to discrimination, harassment (including sexual misconduct) and/or retaliation is strongly encouraged to report it in accordance with the procedures set forth in this Policy:
For emergency or immediate assistance (twenty-four hours a day, seven days a week) contact the Department of Public Safety (516) 877-3511 or dial 5 from any campus phone. All emergency contact numbers are listed on the reverse side of your Adelphi identification card.
- If you are a student complainant, contact Jeffrey Kessler (Dean of Student Affairs), email@example.com or (516) 877-3151;
- If you are an employee or third party complainant, or if you have questions pertaining to this policy, contact Jane Fisher (Director of Employment, Employee, & Labor Relations), firstname.lastname@example.org or (516) 877-3222.
- In addition, you may contact Rhonnie Jaus (Title IX Coordinator, Director, Equity and Compliance), email@example.com or (516) 877-3681 for matters pertaining to sexual discrimination, sexual harassment (including sexual misconduct) and/or related retaliation or you may contact any member of the Anti-Harassment, Discrimination (including Sexual Misconduct), and Retaliation Panel (“Anti-Discrimination Panel”) listed at the end of this document.
To file a complaint involving the first two individuals listed above, contact Title IX Coordinator, Director, Equity and Compliance, Rhonnie Jaus, as above. To file a complaint involving the Title IX Coordinator, please direct your complaint to Jane Fisher, as above. Anyone who reports misconduct to the above resources will be informed about this process, as outlined in this Policy.
You may also fill out a complaint form at www.adelphi.edu/hr/harassmentreport.php. You may choose to file this complaint form anonymously. This form will be received and reviewed by the Director of Employment, Employee and Labor Relations.
The complainant may contact local law enforcement directly, whether or not a complaint is also filed with the University. If requested, the University will provide assistance with making this contact. If a complaint has been made to the University, the University’s internal investigation will proceed whether or not a related criminal matter is pending, though short delays may be permitted to allow outside law enforcement agencies to complete their evidence gathering process. There is no time limit on when a complaint may be made. The University will conduct an investigation and make all efforts to provide a resolution usually within sixty (60) days from the time the University receives notice. However, the resolution of a complaint may vary depending on the complexity of the investigation and/or extent of the alleged harassment or discrimination.
If you do not wish to report your concerns but wish to speak with someone who may assist you, you may contact on or off-campus mental health counselors, health service providers, or members of the clergy, who can maintain the confidentiality of what you share with them.
The University will comply with all federal, state and local mandates regarding the reporting of crimes to appropriate authorities.
Inquiries concerning the application of Title IX may be referred to the University’s Title IX Coordinator, Rhonnie Jaus at firstname.lastname@example.org, Levermore Hall, Room 203, (516) 877-4819,
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481, Facsimile: (202) 453-6012
TDD#: (877) 521-2172, Email: OCR@ed.gov Web: www.ed.gov/ocr,
U.S. Equal Employment Opportunity Commission (EEOC)
131 M Street, NE
Washington, DC 20507
202-663-4900 / (TTY) 202-663-4494, 1-800-669-4000
Email email@example.com, Web: www.eeoc.gov/contact/index.cfm
Once a complaint or notice is received, it will be reviewed by the appropriate member of the University’s Anti-Discrimination Panel, and, if necessary, reported to the Title IX Coordinator for cases involving sex or gender discrimination. Complainants will be asked to either complete a written complaint form, or meet with a member of the University’s Anti-Discrimination Panel who will complete a written complaint form and who will ask the Complainant to read and sign a verification of the complaint allegations. Impartial investigator(s) will then be assigned who will conduct an immediate preliminary investigation to determine if this Policy may have been violated. The investigator(s) will consider interim action, accommodations for the alleged victim, or other necessary remedial short-term actions. If it is determined that this Policy may have been violated, then the University will initiate a prompt, thorough and impartial investigation, including effective remedies designed to end the discrimination, harassment, or retaliation, prevent recurrence and address the effects on the victim and the community.
To ensure a prompt and thorough investigation of a complaint, the complainant should provide as much of the following information as possible:
- The name, department, and position of the person or persons allegedly engaging in discrimination, harassment (including sexual misconduct), and/or retaliation.
- A description of the incident(s) including the date, location and the identity of any witnesses.
- If the complainant is an employee, the alleged effect of the incident on the complainant’s position, salary, benefits, promotional opportunities, or other terms or conditions of employment.
- If the complainant is a student, the alleged effect of the incident on the complainant’s academic standing, housing environment, or social status or other terms or conditions of the educational environment.
- The names of other persons who might have been subject to the same or similar discrimination, harassment (including sexual misconduct), and/or retaliation.
- Steps taken, if any, by the complainant to stop the discrimination, harassment (including sexual misconduct), and/or retaliation (such steps are not required, but can be helpful).
- Any other information the complainant believes relevant to the discrimination, harassment (including sexual misconduct), and/or retaliation.
Regardless of whether a victim files a complaint or requests action, if the University has knowledge, or reasonably should know, about possible discrimination, harassment (including sexual misconduct), and/or retaliation, the University will conduct a prompt, thorough and impartial investigation. The University will also prepare a written record of the complaint if the complainant refuses to file or verify a written complaint form to memorialize the details of the complaint.
Prior to commencing an investigation of a complaint of discrimination, harassment (including sexual misconduct) and/or retaliation, the written consent of the complainant, if known, shall be requested. If the complainant is under the age of eighteen (18) years, and does not attend a post-secondary institution, the parents of the complainant will be asked to provide written consent for the investigation. Regardless of whether the consent of the complainant or a minor complainant’s parents is given, the University has a duty to investigate allegations of discrimination, harassment (including sexual misconduct), and/or retaliation.,br>
Upon receipt of a complaint of discrimination, harassment (including sexual misconduct) and/or retaliation, a trained investigator(s) will be assigned to investigate the allegations of the complaint. The investigator(s) will be assigned according to this Section VIII based upon who the accused individual might be.
The investigation will be conducted within a reasonable amount of time and will normally be completed within 60 days. The investigation shall be conducted in a manner that is adequate, reliable and impartial and may include any of the following:
- interviews of the complainant and the accused
- interviews of any witnesses
- gathering of any other relevant information
At any time during the investigation, the investigator may recommend that interim protections or remedies for the parties involved or witnesses be provided by appropriate University personnel. These protections may include, but not be limited to, separating the parties, placing limitations on the parties, suspension, or making alternative workplace or student housing arrangements. The investigator will keep the complainant timely informed of the status of the investigation.
IX. Dispute Resolution Options
- Complaints Accusing Employees
Normally, the Director of Employment, Employee and Labor Relations, or the designated representative of the Associate Vice President for Human Resources and Labor Relations will investigate complaints of discrimination, harassment (including sexual misconduct), and/or retaliation accusing employees. Any employee who, after appropriate investigation, has been found to have violated this policy, 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 responsive actions deemed appropriate for the violation.
- Complaints Accusing Students
The Dean of Student Affairs or designee will investigate and resolve complaints of discrimination, harassment (including sexual misconduct) and/or retaliation accusing students. The Code of Conduct, under the jurisdiction of the Dean of Student Affairs, governs all accusations of student violations of this Policy. In the event that provisions of the Code are inconsistent with legal requirements, those legal requirements will prevail. See the Code of Conduct at (academics.adelphi.edu/policies/pdfs/code.pdf). Any student who, after appropriate investigation, has been found to have violated this policy, will be subject to disciplinary action, which may range from warning to expulsion, depending on the severity of the misconduct and the student’s cumulative conduct record.
- Complaints Accusing Third-Parties and Complaints of Third Parties that Occur on any Campus or Satellite Site
Normally, the Director of Employment, Employee, and Labor Relations or the designated representative of the Associate Vice President for Human Resources and Labor Relations will investigate complaints accusing non-students and non-employees of incidents related to the University’s programs and activities and programs involving third parties that take place on any University campus or satellite site. Examples include incidents involving visitors to the University, camps conducted by third parties on any University campus or satellite site, vendors, and individuals at a field placement or internship. Any third-party who, after appropriate investigation, has been found to have violated this policy, will be subject to restriction from University property, cancellation of vendor contacts, discontinued use of placement sites, or such other responsive actions deemed appropriate for the violation. Referrals may also be made to law enforcement, as appropriate.
If the complaint is for discrimination, harassment, and/or retaliation, then either an informal or formal resolution process may be used. However, a complaint involving sexual assault or physical violence of any kind cannot be resolved through mediation.
In either process the evidence to be considered may include: witness statements, information from the informal resolution process if one was conducted, other relevant information, and consideration of known patterns and previous history evidence. Each party may be accompanied by an advisor or union representative if applicable. No University employee, student, or third party may be accompanied by an attorney unless, a. they are a complainant or respondent in a matter before a student Hearing Board; or b. criminal charges arising from the same incident have been filed.
X. The Anti-Discrimination, Harassment (Including Sexual Misconduct), and Retaliation Panel (“Anti-Discrimination Panel”)
- Informal Resolution Process
Certain complaints of discrimination, harassment (including sexual misconduct), and/or retaliation can be resolved through informal resolution procedures. These informal procedures may include, but not be limited to, an informal investigation, mediation, counseling, and/or any other means of resolving a complaint other than a formal resolution process. The use of the informal resolution process is voluntary and must be agreed to by the complainant, the accused, and the investigator(s). Either the complainant or the accused may end an informal process at any time and choose to pursue the formal resolution process, or the complainant can choose not to pursue the matter further.
The assigned investigator(s) will meet with the complainant to discuss the complaint and the process. The investigator will explain to the complainant the nature of the informal resolution process and, if acceptable to complainant, the investigator, whenever possible, appropriate and safe, will attempt to resolve the problem or complaint through an informal resolution process. The complainant will not be required to meet with the accused individual face to face. The informal resolution process attempts to resolve the issue with the complainant and accused individual by mutual agreement. Once a mutually agreed upon resolution is suggested, it will be reviewed, accepted, or modified by the Associate Vice President for Human Resources and Labor Relations.
Once the recommendation for the informal resolution is approved, written notification will be sent by the Associate Vice President for Human Resources and Labor Relations promptly. The notification will specify the findings and the terms of the approved resolution. If either party is dissatisfied with the approved resolution, either may make a request within seven (7) business days of issuance of the written notification for formal resolution proceedings.
- Formal Resolution Process
If the complaint cannot be resolved informally, or if the action complained of is not appropriate for resolution through the informal resolution process, then the investigation will continue to a formal resolution process. If not previously done, either the investigator or the alleged victim should prepare a written complaint to initiate the formal resolution process. The complaint should clearly and concisely describe the alleged incident(s), when and where it (they) occurred, details/witnesses, and the desired remedy or remedies sought. The complaint should be signed by the complainant.
If it is determined by the investigator(s) by a preponderance of the evidence that a violation has occurred, then a recommendation for sanctions or other appropriate measures will be submitted to the Associate Vice President for Human Resources and Labor Relations for review, and will either be approved or modified.
The final outcome will be sent simultaneously and in writing to the complainant and to the respondent within ten (10) business days of the conclusion of the formal resolution process. While the outcome of the complaint will be provided in writing to both the complainant and the respondent, certain disciplinary action taken against the respondent as a result of the investigation may be kept confidential from the complainant as required by law.
- Appeal Process
An appeal of a complaint accusing a student is governed by the Code of Conduct (academics.adelphi.edu/policies/pdfs/code.pdf).
Either the complainant or the accused individual may request an appeal of the findings resulting from the formal resolution process. A request for an appeal associated with a complaint accusing employees and others must be submitted in writing to the Associate Vice President for Human Resources and Labor Relations or designee within three (3) business days of the receipt of the original outcome. If no request is made in that time, then the decision is rendered final and the parties will be simultaneously so informed. An appeal of the decision may be considered if one of the following grounds is present:
- a procedural error has occurred that significantly impacted the outcome (e.g. substantiated bias, material deviation from established procedures, etc.). This error must be described in the letter requesting an appeal. Minor or harmless deviations from the process will not invalidate the proceedings;
- the discovery of significant and relevant new information that was unavailable during the original process, which has become available and could impact the outcome. A summary of this new evidence, why it was previously unavailable and its potential impact must be included in the request for an appeal;
- the sanction imposed is clearly not appropriate for the violation.
Once a request for an appeal, as defined above, is received, a decision will the rendered on eligibility for appeal usually within ten (10) business days.
If grounds are not met, the request for an appeal will be denied with no further appeal through this Policy and the parties will be simultaneously so informed.
If appropriate grounds are present, these will be presented to an appellate body (Appeal Panel) composed of three members of the Anti –Discrimination Panel, or will be returned to the investigator(s) for reconsideration. Regardless of whether all parties request an appeal, the complainant and accused individual will be made aware of, and permitted to participate in, the appeal as it will be the only appeal conducted and its conclusion will be final. Where the complainant and accused individual each request to appeal on different grounds, those grounds will be consolidated into one appeal process.
Whenever possible, reconsideration by the investigator(s) or original hearing body is preferred, as their familiarity with the complaint makes them better able to determine responsibility and to assign appropriate sanctions. An Appeal Panel will make changes to the finding only where there is clear procedural error and changes to the sanction(s) only if there is a compelling justification to do so.
An appeal proceeding will include all parties to the complaint and all related documents. The Appeal Panel will be solely responsible for determining who should participate, what information is needed, and how proceedings will be structured.
Because the scope of the appeal proceedings is limited to the allowable grounds, full re-hearings are exceptionally rare. A successful appeal permits the original deciding body or investigator(s) to consider ONLY the matter resulting in a remand, such as the new evidence, or to address ONLY those other grounds that were determined to be present and significant. If an appeal is heard, then the final outcome of the appeal will be communicated simultaneously to the parties usually within five (5) business days following deliberations.
- Standard of Proof for Resolution Processes
The standard of proof for findings shall be a preponderance of the evidence. A preponderance of the evidence means such evidence that, when considered and compared with that opposed to it, is more convincing, creating the belief that what is sought to be shown is more likely than not to have occurred.
The Anti-Discrimination Panel, which includes the Title IX Coordinator, is a diverse group of individuals composed of Adelphi employees who have been selected and trained on issues related to this Policy.
A current list of the Anti-Discrimination Panel members will be maintained, and made available at www.adelphi.edu/hr/policies/harassment.php
Among other responsibilities, each individual of the Anti-Discrimination Panel may assume the following roles:
- meet with individuals who allege that they have been the victim of discrimination, harassment (including sexual misconduct), and retaliation;
- discuss appropriate next steps;
- refer the complainant to the appropriate resources for assistance;
- serve as an investigator;
- serve on an Appeal Panel only if he or she has not been previously involved as an investigator in the case.
The Title IX Coordinator will serve as the Coordinator of the Anti-Discrimination Panel and will assure that Panel members do not serve in conflicting roles in the same complaint. In cases of allegations involving the Coordinator, the Coordinator will be recused from the Panel, and the Director of Employment, Employee and Labor Relations will fill the Coordinator’s role until the complaint is resolved. Any panelist subject to accusations under this Policy will also be recused during the resolution of the complaint. The Coordinator, in conjunction with the Director of Employment, Employee & Labor Relations, will ensure that all complaints are investigated within a reasonable period of time; keep other Panel members informed of recent legal decisions and other related issues; assure that each member has been appropriately trained before assuming active membership on the panel; update and disseminate the Policy.
The following are the names and contact information of the Anti-Discrimination Panel members to whom complaints or concerns may be directed. This list is subject to change:
XI. False Complaints
||Associate Vice President for Human Resources and Labor Relations, Levermore Hall, Room 203,
||Assistant Dean, Harvey Hall, Room 114,
||Associate Professor, School of Social Work, Room 347,
||Associate Provost/Academic Affairs, Levermore Hall Room 303,
||Student Conduct Coordinator, University Center, Room 308,
|Joseph De Gearo
||Assistant Dean of Student Affairs, University Center, Room 308,
||Coordinator, The Center for African, Black, and Caribbean Studies, Alumnae Quad Rm 1
||Director, Employment, Employee & Labor Relations, Office of Human Resources, Levermore Hall, Room 203,
||Professor, English Department, Harvey Hall, Room 216,
||Associate Vice President for Enrollment Management and Student Success, and Title IX Coordinator, Levermore Hall, Room 303,
||Associate Provost for Faculty Affairs and Institutional Diversity, Levermore Hall, Room 101,
||Associate Dean of Student Affairs, University Center, Room 108,
||Title IX Coordinator, Director, Equity and Compliance, Levermore Hall, Room 203,
||Dean of Student Affairs, University Center, Room 108,
||Human Resources Generalist, Office of Human Resources, Levermore Hall Room 203,
||Human Resources Representative, Office of Human Resources, Levermore Hall Room 203,
||Executive Director of Off-Campus Administration, Levermore Hall, Room 304,
||Assistant Dean, College of Arts & Sciences, Science Building, Room 127,
||Senior Associate Athletic Director, Center for Recreation and Sports, Room 220,
||Supervisor Employment & Employee relations, Office of Human Resources, Levermore Hall, Room 203,
A complainant who knowingly makes untrue allegations against another member of the University community or third party may be subject to disciplinary action.
An inquiry into a false complaint is considered to be a separate complaint and is resolved through a separate investigation.
XII. Policy Review
Typically, this Policy will be reviewed for possible revision every three years, or as otherwise necessary.
XIII. Anti-Discrimination, Harassment (including Sexual Misconduct), and Retaliation and Individual Speech Guidelines
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 that is germane to academic subjects and pedagogically appropriate to those subjects. However, when speech rises to the level of discrimination, harassment (including sexual misconduct), and/or retaliation as defined above, it cannot be protected by academic freedom and will be considered to be a violation of this Policy.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 that is germane to academic subjects and pedagogically appropriate to those subjects. However, when speech rises to the level of discrimination, harassment (including sexual misconduct), and/or retaliation as defined above, it cannot be protected by academic freedom and will be considered to be a violation of this Policy.
Employee records will be maintained for seven years. Records pertaining to students will be maintained for seven years after the student’s graduation or after seven years of academic inactivity, or in the event of suspension/expulsion, will be kept indefinitely.
For more information, please contact:
Office of Human Resources
p - 516.877.3220
f - 516.877.4970
e - firstname.lastname@example.org