Policy Statement
The University at Albany (UAlbany) is committed to creating and maintaining a community in which all persons who participate in University programs and activities can come together to learn and work in an atmosphere free from all forms of harassment, exploitation, and discrimination or intimidation, including sexual. It is the responsibility of the University to prevent sexual harassment if possible, to correct it when it occurs, and to take appropriate disciplinary action, as necessary, against behavior that is a violation of the policy. Every member of the University community should be aware that the University strongly opposes sexual harassment and that such behavior is prohibited by law and University policy.
Scope
The scope of this policy applies to all employees, applicants for employment in all positions, students involved in academic or recreational programs, as well as applicants in the admission process and recipients of UAlbany's programs and services. This includes students, staff, and faculty in UAlbany's international programs located in Brazil, China, Costa Rica, Denmark, Dominican Republic, Finland, France, Germany, Ireland, Israel, Japan, Korea, Netherlands, Norway, Puerto Rico, Russia, Singapore, South Africa, Spain, Sweden, Taiwan, and the United Kingdom.
Definitions
In accordance with applicable federal and state laws and regulations and University policy, UAlbany defines sexual harassment as "unwelcome" sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in any other university activity (quid pro quo), or
- Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting an individual (quid pro quo), or
- Such conduct has the purpose or effect of unreasonably interfering with a person's performance or creating an intimidating, hostile, or offensive work or academic environment.
Central to the definition are two elements: the behavior is unwelcome, and it is sexual in nature as perceived by the recipient.
In the University environment, conduct that may be considered sexually harassing for the same or opposite sex whether physical, verbal, visual, or written, include but are not limited to:
- lingering or intimate touches
- sexual jokes or innuendoes
- flirtations, e.g., repeated requests for dates
- sexual advances or propositions
- graphic comments about a person's physique
- sexually suggestive objects or pictures displayed in areas of common viewing
Quid pro quo sexual harassment means "this for that", and usually occurs by those in a position of authority over a subordinate.
Example: Quid Pro Quo Lana is a graduate assistant working in the Dental Hygiene Department. Her supervisor has asked her out and she politely refused. Her supervisor makes the comment, "I can make a person's life easier when it comes to a job search in this field. I have connections with numerous agencies that can be a real boost when looking for a job. Likewise, if I want to keep someone from getting a job, all I have to do is pick up the phone and make a call."
Hostile environment is defined as a pattern of unwelcome behavior or a single egregious incident that creates an offensive learning or work environment. A hostile environment occurs when unwelcome conduct, either sexual or sex-based, severe or pervasive, that offends, intimidates, ridicules, and insults an individual sufficiently enough to alter his/her work or learning environment. There is no absolute example of a hostile environment, as each incident is given consideration to the record as a whole and to the totality of the circumstances, including the content in which the alleged incident(s) occurred.
What you can do if you feel you are a victim of, or if you observe acts of, sexual harassment:
- Tell the person that his/her actions are personally offensive. While each individual must decide how to respond, confronting the individual can be very effective.
- Keep careful records. Document the facts in a journal or on a tape recorder. Record dates, times, places, witnesses (including their names and addresses), and the nature of the offense.
- Contact University people or community agencies who can help you. Their addresses and phone numbers are listed later in this pamphlet. A friend, staff or faculty member may accompany you.
- Campus incidents may lead to complaints or grievances. Check with the Office of Diversity and Affirmative Action (ODAA) to review procedures.
- Students may wish to talk with a member of the counseling center staff, a residence hall director, an academic advisor, a residence assistant, a faculty member, or a supervisor.
Confidentiality
In accordance with existing policies and laws, every effort will be made to protect the privacy of all individuals throughout all phases of the complaint investigation and resolution process. Information about complaints will be maintained in confidence to the fullest extent possible.
Retaliation
University policy and state law prohibit retaliation against any individual who opposes sexual harassment, files a complaint, or assists or participates in any manner in an investigation or proceeding conducted by the University or an external agency. Violation of this policy is subject to disciplinary action, up to and including dismissal. Sexual harassment, in any form, will not be tolerated. If you have any questions about UAlbany's policy against sexual harassment, or the procedure for filing a complaint, you may contact the ODAA at (518) 437-4780. You can review the "How to File a Complaint" pamphlet on the web at: www.albany.edu/affirmative_action.
Sexual Assault
Incidents of sexual assault are prohibited by state and federal law. Acts of sexual violence are criminal behaviors and create an environment contrary to the goals and missions of the SUNY system and colleges and universities. Sexual violence may include, but is not limited to: touching, patting, grabbing or pinching another person's intimate parts, whether that person is of the same sex or the opposite sex, coercing, forcing, or attempting to coerce or force the touching of anyone's intimate parts; force sexual intercourse or a sexual act on another; or threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another.
Example: Sexual Assault Rhonda returns to her residence hall room and goes to sleep after attending a party where she had been drinking. Sometime later, a male student who had been at the party comes to her door, forces his way in, and rapes her. For weeks afterward, she sees her assailant on campus every day. Unable to cope with the trauma of the rape, Rhonda drops out of school, moves back home with her parents, and for months afterward, experiences anxiety attacks, vivid recollections of the assault, depression, insomnia, and intense fears about her personal safety.
What You Should Do
Don't blame yourself. A person does not bring sexual harassment or assault on themselves. It is the action of another person. It is not your fault.
Don't delay. Harassment is likely to continue if you delay.
Don't keep it to yourself. Unless you let someone know you are being harassed, the behavior will continue. You most likely are not the only victim. You will help others as well as yourself by speaking up.
For more information on Sexual Assault and what to do, contact Dr. Julie Heslin-Pokat at (518) 442-5800.
In addition to the internal complaint process, you may also file a complaint with these external organizations:
NY State Division of Human Rights
(all forms of discrimination excluding sexual harassment)
Empire State Plaza
P.O. Box 2049
Agency Building No. 2, 18th Floor
Albany, NY 12220
(518) 474-2705
http://www.nysdhr.com/offices.html
NY State Division of Human Rights
(sexual harassment only)
55 Hanson Place
Room 900
Brooklyn, NY 11217
1-800-427-2773
U.S. Equal Employment Opportunity Commission
(employment discrimination only)
New York District Office
201 Varick St., Room 1009
New York, NY 10014
(212) 741-8815
http://www.eeoc.gov/
Office of Federal Contract Compliance Programs
(all forms of discrimination, excluding age)
201 Varick St., Room 750
New York, NY 10014
(646) 264-3170
http://www.dol.gov/esa/ofcp_org.htm
Office for Civil Rights
New York Office
U.S. Department of Education
75 Park Place, 14th Floor
New York, NY 10007-2146
(718) 488-3550
http://www.ed.gov/offices/OCR
Where To Go For Information
Persons at UAlbany who have been the subject of harassment or who have witnessed others being subjected to harassment can contact any of the following University resources for assistance. These advocates can listen, answer your questions, and discuss your options.
Clarence L. McNeill, Director
Office of Judicial Affairs
Campus Center, CC-358
(518) 442-5501
Cmcneill@Uamail.Albany.Edu
Filing a Complaint
In addition to the above people, if you have been the subject of harassment and wish to file a complaint,
For student-to-student behavior contact:
Clarence L. McNeill, Director
Office of Judicial Affairs
Campus Center, CC-358
(518) 442-5501
Cmcneill@Uamail.Albany.Edu
University Police Department
1400 Washington Avenue, University Police Building
(518) 442-3132
For all other behaviors, i.e., faculty-to-faculty, staff-to-faculty, staff-to-staff, or faculty-to-student, contact:
Christopher Bischoff, Acting Director
Office of Diversity and Affirmative Action
University Hall, UNH-207
(518) 956-8110
