A verbal or written admonishment, while not considered formal discipline, may also be considered. Unwelcome behavior of a sexual nature should be stopped before it becomes severe or pervasive and rises to a violation of law.
Sexual Harassment Policy
Violators may be subject to discipline. Employees who have been found by the Department to have subjected another employee to unwelcome conduct of a sexual nature, whether such behavior meets the legal definition of sexual harassment or not, will be subject to discipline or other appropriate management action.
Discipline will be appropriate to the circumstances, ranging from a letter of reprimand through suspensions without pay of varying lengths to separation for cause. A verbal or written admonishment, while not considered formal discipline, may also be considered. Any employee who believes he or she has been the target of sexual harassment is encouraged to inform the offending person orally or in writing that such conduct is unwelcome and offensive and must stop.
Employees are encouraged to report the unwelcome conduct as soon as possible to a responsible Department official. It is usually most effective -- although it is not required--that the official be within the employee's supervisory chain.
In addition to reporting sexual harassment concerns to a responsible Department official, employees who believe they have been subjected to sexual harassment may elect to pursue resolution in several ways, including:.
All Department employees, including but not limited to staff, supervisors, and senior officials, are required to comply with this policy. Employees are also expected to behave professionally and to exercise good judgment in work-related relationships, whether with fellow employees, business colleagues, or members of the public with whom they come into contact in the course of official duties. Further, all employees are expected to take appropriate measures to prevent sexual harassment.
Unwelcome behavior of a sexual nature should be stopped before it becomes severe or pervasive and rises to a violation of law. Jump to In This Section. What Is Sexual Harassment? All complaints under this Policy will be referred to the OEO for investigation and resolution, in consultation with University Human Resources and the relevant HRO as necessary and appropriate.
The University encourages prompt reporting of complaints so that it may respond appropriately and conduct an investigation while the matter is freshest in witnesses' memory and other evidence is most likely to be available. There is no fixed deadline for reporting discrimination, harassment, retaliation or sexual assault complaints to the University. It is imperative that managers and supervisors not only adhere to but enforce this Policy.
Managers and supervisors have a special obligation not to engage in discrimination, harassment, retaliation or sexual assault. All management and supervisory personnel have an affirmative duty and are required to promptly report any discrimination, harassment, retaliation or sexual assault that they observe, learn about from others, or reasonably suspect has occurred with respect to an employee.
The University will conduct a prompt, thorough and impartial investigation of a complaint as necessary and appropriate. The University will make every effort to complete its investigation within forty-five 45 days of a report of discrimination or harassment and will keep the investigation confidential to the extent possible.
The investigator may find it necessary to extend the time period for completing an investigation in some circumstances. The investigator will provide the complainant, the alleged wrongdoer, and the business unit head with notice of any extension and where necessary and appropriate, give them a new timetable for completion of the investigation. The investigator may also review relevant documents. Both parties will have an opportunity to be heard and present information.
The investigation process is strictly internal to NYU. Any union represented employee retains his or her right to have union representation during the investigation process. The investigator will report his or her findings to both parties and relevant managers and supervisors as may be appropriate. Where the investigator concludes that a violation of this Policy has occurred, the relevant School or Department will take prompt and appropriate remedial action, including disciplinary action.
Depending on the circumstances, disciplinary action may include but is not limited to: Discipline for a violation of this Policy need not be progressive, so a first violation of this Policy may warrant suspension or discharge depending on the nature and severity of the conduct.
In cases where an investigation confirms a violation of this Policy, management in the relevant School or Department must ensure that appropriate remedial action, which may include disciplinary action, is implemented. Managers must provide confirmation to their HRO within 14 days that the appropriate action has occurred.
Every complaint will trigger the creation of an investigatory file. The investigatory file will consist of the initial complaint, the final investigative report, including a record of the remedial action to be taken, if any, and any documents created or used during the investigation.
For the duration of the investigation, the OEO will maintain the investigatory file. Upon completion of the investigation, the OEO will close the file. Additionally, the OEO will record and maintain complaints in a database management file consistent with the NYU fiscal year September 1st - August 31st.
Prevention is the best tool to eliminate harassment in the workplace. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment. They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated.
They can do this by establishing an effective complaint or grievance process, providing anti-harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains. Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed. Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. Employees should also report harassment to management at an early stage to prevent its escalation.
The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that:
This Workplace Harassment Policy template is ready to be tailored to your company’s needs and should be considered a starting point for setting up your employment policies. A Workplace Harassment Policy may also be referred to as an Anti-Harassment, Employee Harassment, Sexual Harassment or Racial Harassment Policy. Harassment. Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of , the Age Discrimination in Employment Act of , (ADEA), and the Americans with Disabilities Act of , (ADA). Harassment Policy Tips State that harassment based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age (40 or older) or genetic information (including family medical history) is illegal and will not be tolerated.