Sexual Harassment Policy
Policy Statement and
The University at Albany
(“University”) is committed to fostering a diverse community of outstanding
faculty, staff, and students, as well as ensuring equal educational
opportunity, employment, and access to services, programs, and activities,
without regard to an individual's race, color, national origin, religion,
creed, age, disability, sex, gender identity, gender expression, sexual
orientation, familial status, pregnancy, predisposing genetic characteristics,
military status, domestic violence victim status, or criminal conviction.
Employees, students, applicants or other members of the University community
(including but not limited to vendors, visitors, and guests) may not be
subjected to harassment that is prohibited by law, or treated adversely or retaliated
against based upon a protected characteristic.
The electronic version of the
Nondiscrimination Notice may be found at:
Sex discrimination includes,
but is not limited to, sexual harassment, sexual violence, sexual assault,
domestic violence, dating violence, stalking and cyber-stalking.
Sexual Harassment in the
Employment Setting is defined as:
Unwelcome sexual advances,
requests for sexual favors, or verbal or physical conduct of a sexual nature
when any of the following occurs:
● Submission to such conduct is
made a term or condition of an individual’s continued employment, promotion, or
other condition of employment.
● Submission to or rejection of
such conduct is used as a basis for employment decisions affecting an employee
or job applicant.
● Such conduct is intended to
interfere, or results in interference, with an employee’s work performance, or
creates an intimidating, hostile, or offensive work environment.
Sexual Harassment in the
Educational Setting is defined as:
Unwelcome conduct of a sexual
nature. Sexual harassment can include
unwelcome sexual advances, requests for sexual favors, and other verbal,
nonverbal, or physical conduct of a sexual nature. Sexual harassment of denies or limits, on the
basis of sex, the person’s ability to participate in or to receive benefits,
services, or opportunities in the educational program and/or employment.
Harassment on the Basis of
Protected Characteristic(s) other than Sex/Gender
Harassment based on race,
color, age, religion, national origin, disability, sexual orientation,
genetics, veteran status or other protected characteristics is oral, written,
graphic or physical conduct relating to an individual's protected
characteristics that is sufficiently severe, pervasive, or persistent so as to
interfere with or limit the ability of an individual to participate in or
benefit from the educational institution’s programs or activities.
Sexual misconduct encompasses a
wide range of behavior for sexual purposes against another person’s will and/or
at the expense of another. Sexual
misconduct includes, but is not limited to sexual harassment, sexual violence,
sexual assault, intimate partner violence, stalking of a sexual nature,
cyber-stalking of a sexual nature, and/or any conduct of a sexual nature that
is non- consensual, or has the effect of threatening or intimidating another
Dating Violence (relationship
violence, domestic violence, or intimate partner abuse.) A pattern of coercive behaviors
that serve to exercise control and power in an intimate relationship. The
coercive and abusive behaviors can be physical, sexual, psychological, verbal and/or
emotional in nature. Intimate partner abuse can occur in relationships of the
same or different genders; between current or former intimate partners who have
dated, lived together, or been married.
A course of conduct by a
stranger or acquaintance directed at a specific person that directly or
indirectly distresses, intimidates or threatens and places a reasonable person
in fear. Stalking also includes incidents where electronic media such as the
internet, pagers, cell phones, or other similar devices are used to pursue,
intimidate or threaten and place a reasonable person in fear.
Rape, Sexual Violence,
Sexual Assault and Sexual Exploitation
Sexual Assault I—By a stranger or acquaintance, sexual intercourse or
any sexual penetration, however slight, of another person’s oral, anal, or
genital opening with any object (an object includes but is not limited to parts
of a person’s body) where active consent was not established. Where the victim
purported to give consent, but the accused used force, threat, intimidation, or
the victim’s mental or physical helplessness, the charge of Sexual Assault I
also applies. Mental or physical helplessness would include, but not be limited
to, sleep, as well as the inability to consent due to excessive alcohol or drug
use or consumption.
Sexual Assault II—By a stranger or acquaintance, touching a person’s
intimate parts (defined as genitalia, groin, breast, or buttocks), whether
directly or through clothing, where active consent was not established. Sexual
Assault II also includes forcing an unwilling person to touch another’s
intimate parts. Where the victim purported to give consent, but the accused
used force, threat, intimidation, or the victim’s mental or physical
helplessness, the charge of Sexual Assault II also applies. Mental or physical
helplessness would include, but not be limited to, sleep, as well as the
inability to consent due to excessive alcohol or drug use or consumption.
Sexual Exploitation—Nonconsensual, abusive sexual behavior that does not
otherwise constitute Sexual Assault I, Sexual Assault II or Sexual Harassment.
Examples include but are not limited to: intentional, nonconsensual tampering
with or removal of condoms or other methods of birth control and STI prevention
prior to or during sexual contact in a manner that significantly increases the
likelihood of STI contraction and/or pregnancy by the non-consenting party;
nonconsensual video or audio taping of sexual activity; allowing others to
watch consensual or nonconsensual sexual activity without the consent of a
sexual partner; observing others engaged in dressing/undressing or in sexual
acts without their knowledge or consent; trafficking people to be sold for sex;
and inducing incapacitation with the intent to sexually assault another
The University is committed to
protecting the confidentiality of the victims, and will work closely will
victims to obtain confidential assistance regarding any incident of sexual
harassment. Given this commitment to
confidentiality, during any portion of the complaint procedures, the parties
shall not either record, either by audio or video, the meetings, interviews,
interrogations or any portion of the process.
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 ODI at (518) 956-8110.