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CUNY Policy Against Sexual Harassment

The City University of New York (CUNY) Policy Against Sexual Harassment

It is the policy of The City University of New York to promote a cooperative work and academic environment in which there exists mutual respect for all University students, faculty and staff. Harassment of employees or students based upon sex is inconsistent with this objective and contrary to the University's non-discrimination policy. Sexual harassment is illegal under Federal, State, and City laws and will not be tolerated within the University.

The University, through its colleges, will disseminate this policy and take other steps to educate the University community about sexual harassment. The University will establish procedures to ensure that investigations of allegations of sexual harassment are conducted in a manner that is prompt, fair, thorough and as confidential as possible under the circumstances, and that appropriate corrective and/or disciplinary action is taken as warranted by the circumstances when sexual harassment is determined to have occurred. Members of the University community who believe themselves to be aggrieved under this policy are strongly encouraged to report the allegations of sexual harassment as promptly as possible. Delay in making a complaint of sexual harassment may make it more difficult for the college to investigate the allegations.

Sexual harassment can occur between individuals of different sexes or of the same sex. Although sexual harassment most often exploits a relationship between individuals of unequal power (such as between a faculty member and student, supervisor and employee, or tenured and untenured faculty members), it may also occur between individuals of equal power (such as between fellow students or co-workers), or in some circumstances even where it appears that the harasser has less power than the individual harassed (for example, a student sexually harassing a faculty member). A lack of intent to harass may be relevant to, but will not be determinative of, whether sexual harassment has occurred.

Requesting or demanding sexual favors in exchange for employment or academic opportunities (such as hiring, promotions, grades, or recommendations);

Submitting unfair or inaccurate job or academic evaluations or grades, or denying training, promotion, or access to any other employment or academic opportunity, because sexual advances have been rejected.

Other types of unwelcome conduct of a sexual nature can also constitute sexual harassment, if sufficiently severe or pervasive that the target finds, and a reasonable person would find, that an intimidating, hostile or abusive work or academic environment has been created. Examples of this kind of sexual harassment include, but are not limited to:

D. Consensual Relationships
Amorous dating or sexual relationships that might be appropriate in other circumstances have inherent dangers when they occur between a faculty member, supervisor, or other member of the University community and any person for whom he or she has a professional responsibility. These dangers can include: that a student or employee may feel coerced into an unwanted relationship because he or she fears that refusal to enter into the relationship will adversely affect his or her education or employment; that conflicts of interest may arise
when a faculty member, supervisor or other member of the University community is required to evaluate the work or make personnel or academic decisions with respect to an individual with whom he or she is having a romantic relationship; that students or employees may perceive that a fellow student or co-worker who is involved in a romantic relationship will receive an unfair advantage; and that if the relationship ends in a way that is not amicable, either or both of the parties may wish to take action to injure the other party.

Faculty members, supervisors, and other members of the University community who have professional responsibility for other individuals, accordingly, should be aware that any romantic or sexual involvement with a student or employee for whom they have such a responsibility may raise questions as to the mutuality of the relationship and may lead to charges of sexual harassment. For the reasons stated above, such relationships are strongly discouraged.

For purposes of this section, an individual has “professional responsibility” for another individual at the University if he or she performs functions including, but not limited to, teaching, counseling, grading, advising, evaluating, hiring, supervising, or making decisions or recommendations that confer benefits such as promotions, financial aid or awards or other remuneration, or that may impact upon other academic or employment opportunities.

E. Academic Freedom
This policy shall not be interpreted so as to constitute interference with academic freedom.

F. False and Malicious Accusations
Members of the University community who make false and malicious complaints of sexual harassment, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action.

G. Procedures
The University shall develop procedures to implement this policy. The President of each constituent college of the University, the Senior Vice Chancellor at the Central Office, and the Dean of the Law School shall have ultimate responsibility for overseeing compliance with this policy at his or her respective unit of the University.

In addition, each dean, director, department chairperson, executive officer, administrator, or other person with supervisory responsibility shall be required to report any complaint of sexual harassment to an individual or individuals to be designated in the procedures. All members of the University community are required to cooperate in any investigation of a sexual harassment complaint.

H. Enforcement
There is a range of corrective actions and penalties available to the University for violations of this policy. Students, faculty, or staff who are found, following applicable disciplinary proceedings, to have violated this Policy are subject to various penalties, including termination of employment and/or student expulsion from the University.

Effective: October 1, 1995
(Revised January 1, 2005)

This policy applies to all BMCC faculty, staff, and students, to all BMCC sponsored programs on or off the campus, and to visitors, vendors, contractors, etc., engaged in an activity or program on the campus.

BMCC Sexual Harassment Awareness and Intake Committee Members –
Academic Year 2013-2014

All members of the BMCC Sexual Harassment Awareness and Intake Committee have been certified through extensive training to respond to inquiries and complaints of sexual harassment from any member of the college community. Student or employee complaints should be directed to any one of the committee members. All materials concerning Sexual Harassment are available in Room S750d and messages can be left there for other committee members. All committee members have an obligation to maintain confidentiality to the fullest extent possible.

The members of the Sexual Harassment Awareness and Intake Committee are:

Iyana Y. Titus, Esq., Sexual Harassment Coordinator
Office of Diversity & Compliance, Room S701I, 212-220-1236/Fax: 212-220-1244

Gloria Chao, Sexual Harassment Deputy Coordinator
Human Resources, Room S717D, 212-220-8304

Deborah Parker, Sexual Harassment Deputy Coordinator
The Women’s Center, Room S362, 212-220-8166

Susie Boydston White
Science, Room N753, 212-220-8000 ext. 5198

Andrew Escobar
Athletics, Room N255, 212-220-8263

Adrian Solomon
College Discovery, Room S340E, 212-220-8159

Carmen Martinez-Lopez
Business Management, Room F730Q, 212-220-8389

Vinton Melbourne
Media Services, Room S506A, 212-220-1392

Antoinette Middleton
Admissions, Room S310E, 212-220-1267

Edwin Moss
Public Safety, Room S215, 212-220-8076

Colette Johnson
Manhattan Educational Opportunity Center, Room 1501, 125th Street location, 212-961-4383

Edi Peterson
Counseling Center, Room S334, 212-220-8000 ext. 5373

William Roane
Social Sciences & Human Services, Room N651T, 212-220-1225

Chris Stein
Media Arts & Technology, Room S622G, 212-220-8383

Prepared by the BMCC Office of Diversity & Compliance
November 2013

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The City University of New York
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