Policy Statement
The University at Albany 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, discrimination, or intimidation. It is the responsibility of the University to prevent sexual orientation discrimination, if possible, 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 will not tolerate sexual orientation discrimination and that such behavior is prohibited by State Executive Order No. 28 and university policy.
All employees and students should be fully aware that the policies of The University at Albany specifically prohibit discrimination, harassment, or violence against lesbians, gay men, transgendered, or bisexual persons by employees and students of The University at Albany.
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 University at Albany programs and services. This includes students, staff, and faculty at The University at Albany.
Definitions
State Executive Order No. 28 prohibits sexual orientation discrimination in state employment and in the provision of services by the State of New York. Sexual orientation discrimination is defined as conduct that is directed at an individual because of his/her sexual orientation or assumed sexual orientation and that subjects the individual to different treatment by agents, employees, or students so as to interfere with or limit the ability of the individual to participate in, benefit from the services, activities or privileges provided by the system, colleges, and universities or otherwise adversely affect the individual's employment or education.
Sexual orientation harassment is a form of sexual orientation discrimination that is prohibited by State Executive Order No. 28. Sexual orientation discrimination is defined as verbal or physical conduct that is directed at an individual because of his/her sexual orientation or assumed sexual orientation and that is sufficiently severe, pervasive or persistent so as to have the purpose or effect of creating a hostile work or educational environment. Sexual orientation discrimination may occur in a variety of relationships, including faculty and student, supervisor and employee, employee and employee, student and student, and staff and student, and other relationships with other persons having business at or visiting the University at Albany.
Conduct considered sexual orientation harassment or discrimination include but are not limited to:
- Telling "jokes" that reinforce the false stereotypes related to lesbians, gays, transgendered persons, or bisexuals
- Displaying signs or posters that denigrate gays and lesbians.
- Engaging in mail or telephone communication designed to harass a person because of his/her sexual orientation or affectional preference.
- Using vulgar language or physical violence to intimidate or ridicule or injure someone due to their sexual orientation.
Gays and lesbians are an invisible minority
Sexual orientation doesn't have the typical outward manifestation that race and gender have. Lesbians and gay men find themselves emotionally and sexually attracted to people of the same gender. The attractions, emotions, and bonding they experience in their relationship are the same ones that heterosexual men and women experience. The invisibility and negativity that has existed in the past have made it difficult to collect statistics, but the general figure accepted by many is that roughly 10 percent of the population is predominantly gay. This figure is believed to be consistent in different societies and among people at all levels of the socio-economic spectrum.
Recognition and the promotion of understanding of this minority have occurred later than for other minorities. Gays and lesbians often have suffered serious abuse, violence, and discrimination. Because of this and their invisibility, many gay men and women have remained "in the closet," being very careful about revealing their sexual orientation. For that reason, "coming out," admitting their sexual orientation first to themselves and then to others, is a significant process in the lives of homosexuals.
While their invisibility can offer a facade of protection when the social environment is hostile, it has some adverse effects. Gay and lesbian people often experience a lack of affirmation about that part of their nature (the assumption that it does not exist), and their relationships often are not taken seriously by others and are sometimes even discouraged. They may feel isolated or alone. Recent research studies indicate that perhaps as many as 30 percent of suicide attempts by youths are related to sexual orientation issues.
Some myths about homosexuality
- Gays and lesbians have chosen their sexual orientation.
- Homosexuality and AIDS are synonymous.
- Homosexuals wish to entice others to homosexuality.
- Gay men hate women and lesbians hate men.
- Gays and lesbians are easy to spot because of their appearance and behavior.
- Homosexuality is just a phase of adolescent development that some people are still in.
- Open discussion of homosexuality will lead to more homosexuality.
- Homosexuals are mentally ill.
- Gays and lesbians are the products of dysfunctional families.
- The majority of child molesters are men who are gay.
- Gays and lesbians were sissies or tomboys when they were young.
- The major focus of homosexual relationships is sexual.
What to do if you witness or feel you are a victim of harassment based on sexual orientation:
- If you are a victim, realize that you are protected from harassment by policies established by The University at Albany, by Albany County law, and by State Executive Order No.28.
- Talk to someone about what you have experienced. Visit with one of the people listed elsewhere in the brochure or someone else with whom you feel comfortable.
- Be informed. Don't accept stereotypical characterizations and beliefs. Read reliable sources and talk to qualified persons.
- If someone shares with you that they are gay or a lesbian or that they have been harassed because of their sexual orientation, respect them and be supportive. Offer to accompany the person to file a complaint at any one of the resources listed on the back of this brochure
- Challenge homophobic behavior and attitudes. Don't participate in inappropriate joking or conversation. Speak up about your views on intolerance.
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. (See The University at Albany's confidentiality guidelines.)
Retaliation
University policy and the state executive order prohibit retaliation against any individual who opposes sexual orientation discrimination, files a complaint, or assists or participates in any manner 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 orientation harassment, in any form, will not be tolerated.
If you have any questions about the University at Albany's policy against sexual orientation discrimination or harassment, or the procedure for filing a complaint, you may contact the Office of Diversity and Affirmative Action at 518-437-4780 or review information and complaint procedures on the web at:
http://www.albany.edu/affirmative_action
In addition to the internal complaint process, you may also file a complaint with the following organization:
NY State Division of Human Rights
Empire State Plaza
P.O. Box 2049
Agency Building No. 2, 18th Floor
Albany, New York 12220
(518) 474-2705
http://www.nysdhr.com/offices.html
Where To Go For Information/Assistance
Persons at the University at Albany 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.
Pride Alliance (student group)
(518) 442-5672
http://www.albany.edu/~pride
University Police Department
1400 Washington Ave, University Police Building
(518) 442-3132
Counseling Center
Health and Counseling Building, 2nd fl
(518) 442-5800
Student-To-Student Harassment
Students should be aware that the gay/lesbian/bisexual/ transgender harassment intolerance is part of the University's 'Community Rights and Responsibilities'. The policy is enforceable according to established procedures and is available through the Office of Student Life. Students also can report instances of possible harassment or intolerance to other persons listed in this brochure.
Remember, nothing justifies harassment or intolerance. You are the victim and your first responsibility is to yourself. Do what you feel is best for you; there is no "right" or "wrong" way to deal with harassment, but talking to someone can help.
For student-to-student behavior, contact:
Clarenece McNeil, Director or Sally D'Alessandro, Assistant Director
Office of Judicial Affairs
Campus Center, CC-358
(518) 442-5501
Filing a Complaint
In addition, if you have been the subject of harassment and wish to file a complaint, contact:
Chris Biscoff, Acting Director
Office of Diversity and Affirmative Action
University at Albany, UNH-207
(518) 956-8110; Fax (518) 956-8111
Executive Order 28.1 Enforcement Unit
Division of Human Rights
55 West, 12th floor, 125th Street
New York, NY 10027
(212) 870-8604
