Policy
Consistent with the University’s mission as a Catholic, Vincentian,
and metropolitan institution of higher education, the University
abides by all applicable federal, state and local laws which
prohibit discrimination on the basis of race, religion, color,
national or ethnic origin, age, sex (including sexual harassment),
sexual orientation, marital status, citizenship status, disability,
genetic predisposition or carrier status, or status in the
uniformed services of the United States (including veteran status)
in any education or employment program, policy, or practice of St.
John’s University, New York. In accordance with these laws, the
University also prohibits retaliation against anyone who has
complained about discrimination, discrimination-related harassment
or otherwise exercised rights guaranteed by these laws. All
University policies, practices, and procedures are administered in
a manner that preserves its rights and identity as a Catholic and
Vincentian institution of higher education. All members of the
University Community have an obligation to cooperate in the
application of this policy and the investigation of complaints of
violations to this policy.
“Sexual harassment” includes unwelcome sexual advances, requests
for sexual favors, and other verbal or physical conduct of a sexual
nature when: 1) submission to such conduct is made either
explicitly or implicitly a condition of an individual’s employment
or education; 2) submission to or rejection of such conduct by an
individual is used as the basis for academic or employment
decisions affecting that individual; 3) conduct has the purpose or
effect of substantially interfering with an individual’s academic
or professional performance by creating an intimidating, hostile or
offensive employment, education, or living environment; 4) such
conduct has the purpose or effect, when judged from the perspective
of a reasonable person in the position of the complaining
individual, of creating an intimidating, hostile or offensive
environment for working, learning, or enjoying other University
opportunities, programs and activities. This definition of sexual
harassment will be interpreted and applied consistently with
current legal standards, as well as accepted standards of mature
behavior, professional responsibilities, academic freedom and
freedom of expression.
Each member of the University community must exercise his or her
own good judgment to avoid engaging in conduct that may be
perceived by others as harassment. Forms of discrimination-related
harassment include, but are not limited to:
- Verbal: Repeated sexual innuendoes, racial or sexual epithets,
derogatory slurs, off-color jokes, propositions, threats or
suggestive or insulting sounds.
- Visual/Non-Verbal: Derogatory posters, cartoons, or drawings;
suggestive objects or pictures; graphic commentaries; leering; or
obscene gestures; transmission of such offensive material through
University inter-office mails or electronic communications
systems;
- Physical: Unwanted physical contact, including touching,
patting, pinching, hugging, brushing against another’s body, or
interference with an individual’s normal physical movements, sexual
assault;
- Other: Making or threatening to make reprisals as a result of a
negative response to harassment. For example, explicit or implied
suggestions that submission to or rejection of sexual advances will
affect decisions regarding such matters as an individual’s
employment, work assignments or status, salary, academic standing,
grades, participation in programs or activities, athletic
opportunities, receipt of financial aid, grants, leaves of absence,
or other similar matters affecting one’s employment or education.
Subjecting employees or students to harassment by a visitor to
campus or while offcampus in the course of conducting University
business.
Non-fraternization
Relationships between individuals in inherently unequal positions
may undermine the real or perceived integrity of the supervision
and evaluation process, as well as affect the trust inherent in the
educational environment. It is the policy of St. John’s University
that respect for the individual in the University community require
that amorous or sexual relationships not be conducted by persons in
unequal positions.
The University considers it inappropriate for any member of the
faculty, administration, or staff to establish an intimate
relationship with a student, subordinate, or colleague upon whose
academic or work performance he or she will be required to make
professional judgments. The University considers it a violation of
this policy for any member of the faculty, administration, or staff
to offer or request sexual favors, make sexual advances, or engage
in sexual conduct, consensual or otherwise, with a person who
is:
- Enrolled in a class taught by the faculty member or
administrator
- Receiving academic advising or mentoring from the faculty
member or administrator
- Working for the faculty member, administrator or staff
- Subject to any form of evaluation by the faculty member,
administrator or staff
Please note that the list above is not exhaustive, and other
situations of fraternization may also result in a violation of this
policy. In all such circumstances, consent may not be considered a
defense against a charge of sexual harassment in any proceeding
conducted under this policy. The determination of what constitutes
sexual harassment depends on the specific facts and the context
within which the conduct occurs.
Teaching and research fellows, doctoral and graduate assistants,
tutors, interns, and any other students who perform work-related
functions for the University are also subject to this policy.
Complaint Procedure
Any member of the University community who believes that he or she
has been the victim of discrimination or discrimination-related
harassment or sexual harassment should use the Complaint Procedure
described below for the prompt and equitable resolution of
complaints.
Those who wish to file a complaint may do so using either the
Informal of the Formal Complaint Procedures. Similarly, any member
of the University community who becomes aware of potentially
discriminatory or harassing conduct directed at some other member
of the University community should also report such conduct to any
of the individuals listed below.
Definitions
Complainant: The person making the complaint.
Respondent: The person against whom a complaint has been made.
A. Coverage and Accessibility
- All members of the University Community may use this procedure.
For the purpose of this policy, the University Community includes,
but is not limited to, all faculty,administrators, staff (including
student workers), students,alumni, interns, members of the Board of
Trustees, and members of University-sponsored advisory committees.
Visitors to the University, vendors and service-providers also may
be subject to this policy.
- Any member of the University community who believes he or she
has been the victim of discrimination, discrimination-related or
sexual harassment should promptly report the matter to the
administrative official most directly concerned and initially
attempt to resolve the matter with such administrative official.
The appropriate administrative official is as follows:
Staff
Immediate Supervisor, Department Supervisor, Dean of the Respondent
or Director of HR Services.
Faculty
Department Chair or Dean of the School or College of the
Respondent.
Students
Immediate Supervisor, Department Chair, Supervisor or Dean of the
Respondent, or Dean of Student Life.
Administrators
Immediate Supervisor, Department Supervisor of the Respondent or
Director of HR Services.
If resolution at the direct administrative level specified above is
not successful, or if reasons exist to seek assistance from some
one other than the administrative official specified above, the
victim should contact the Compliance Officer to attempt to resolve
the complaint.
Nothing in this policy precludes an individual or individuals from
initially approaching some other appropriate University official
regarding a complaint within the scope of this policy.
- Discipline: Whenever a violation of this policy is brought to
the University’s attention through appropriate channels, prompt and
appropriate disciplinary action will be taken. For example,
individuals found to have engaged in discrimination, sexual
harassment or retaliation may be subject to disciplinary action for
violations of the University’s policies (up to and including
separation from the University). The University will follow
applicable University procedures including those provided in the
Collective Bargaining Agreement and University Statutes, in taking
any disciplinary action.
B. Confidentiality
Cases involving discrimination and especially sexual
harassment are particularly sensitive and demand special attention
to issues of confidentiality. Dissemination of information relating
to the case should be limited to individuals who have a legitimate
need to know or who have information.
Every effort should be made to protect members of the University
Community so that they may use the discrimination and sexual
harassment complaint procedures without fear of reprisal or
retaliatory action. Retaliation against anyone who makes a
complaint or participates in the complaint process is
prohibited.
C. Informal Complaint Procedure
The informal procedure is the most commonly used procedure
to resolve complaints of discrimination, discrimination-related and
sexual harassment. Though referred to as informal, this procedure
and its outcome are official.
During the initial phase of the informal complaint procedure,
the Complainant may meet with the appropriate administrative
University officials designated in section A.2, above, or the
Compliance Officer in order to describe the complaint verbally.
While no written outline of the complaint is required at this
stage, such a written outline or any other written materials
related to the complaint will be reviewed. The appropriate
University officials designated in section A.2, above, or the
Compliance Officer will investigate the complaint informally. This
investigation may include, but is not limited to, meetings with the
Complainant, the Respondent, and any other appropriate campus
administrators, faculty members, members of the non-academic staff
and/or students who may have knowledge of the situation. An attempt
to resolve the complaint with the Complainant and the Respondent
will follow. The appropriate University officials, in attempting a
local resolution of the complaint, may consult with or if warranted
refer the complaint to the Compliance Officer. Resolutions
developed at the local level that involve disciplinary action
against the Respondent must be reviewed by the Compliance Officer
prior to implementation.
D. Formal Complaint Procedure -
Reporting
- The formal complaint procedures may be used instead of the
informal procedure for the processing of a complaint. Should the
initial informal attempt(s) to resolve the matter prove
unsuccessful, a formal written complaint may be filed by the
Complainant. A formal complaint must be submitted in writing to the
Compliance Officer of St. John’s University.
- Except as noted in H.1 of this document, a formal complaint
must be filed by the Complainant within sixty (60) calendar days
following the alleged discriminatory act(s) or the date on which
the Complainant first knew or reasonably should have known of such
alleged act(s).
- The written complaint statement must include the
following:
a. The Complainant’s name, campus location, and
status within the University Community, including title,
department, and school or college, as appropriate.
b. The basis of the alleged act(s) of sexual
harassment or discrimination (hereinafter called the “alleged
act”); that is, race, religion, color, national or ethnic origin,
age, sex, sexual orientation, marital status, citizenship status,
disability, genetic predisposition or carrier status, status in the
uniformed services of the United States (including veteran status)
or retaliation.
c. A brief description of the alleged act(s) and
the Complainant’s reason for concluding that it was discriminatory
or sexually harassing.
d. The name and position in the University
Community held by the Respondent.
e. Copies of materials or names of witnesses, if
any, which may be relevant to the investigation of the
complaint.
f. A statement indicating whether or not the
Complainant has initiated a court action or filed a charge of
sexual harassment or a complaint of discrimination concerning the
alleged act(s) with a local, state, or federal agency.
g. The date on which the alleged act(s) were
committed.
h. The date on which the Complainant first knew of
the alleged act(s).
i. A statement indicating the remedy sought by the
Complainant.
j. The signature of the Complainant. - At any stage of these procedures, the Compliance Officer may
designate an individual(s) to serve as a co-investigator or in the
place and stead of the Compliance Officer.
E. Formal Complaint Procedure -
Processing
- As soon as possible, but within fourteen (14) calendar days
after receipt of the written complaint, the Compliance Officer of
the University shall review the materials which comprise the
written complaint, and may either commence investigation of the
complaint personally, or appoint a designee or designees to
investigate or co-investigate the complaint. Such an investigation
may include initial meetings with the Complainant and with the
Respondent, a discussion of the available procedures, and a
discussion of possible avenues for resolution of the
complaint.
- The Compliance Officer shall, as soon as possible, but within
sixty (60) calendar days after receipt of the written complaint,
make every effort to resolve the complaint.
- As soon as possible, but within a reasonable time after the end
of the information processing described in Sec. E.1 & 2, the
Compliance Officer shall notify the Complainant in writing of the
status of the complaint. If the Compliance Officer is able to
resolve the complaint to the Complainant’s satisfaction, the
Compliance Officer’s notification shall contain a statement
indicating the terms of the resolution and an indication that the
agreed-upon remedial action will be undertaken. Any resolution may
contain a full and complete release signed by the Complainant (see
Section G). If the Compliance Officer is unable to resolve the
complaint to the Complainant’s satisfaction, the Compliance
Officer’s notification shall contain a statement briefly describing
the attempts at resolution and an indication that such attempts
were not acceptable to the Complainant. The Compliance Officer will
also advise the Complainant of the applicable provisions for review
of the complaint by a review panel.
F. Panel Review
- If the Compliance Officer is unable to resolve a complaint via
either the informal or formal complaint procedures, should the
Complainant wish to continue to pursue the matter, the Complainant
may file a written notice to the Compliance Officer within fourteen
(14) calendar days after receipt of notification from the
Compliance Officer that resolution of the complaint was not
possible.
- As soon as possible, but within fourteen (14) calendar days
after receipt of the Complainant’s notice (see F.1), the Compliance
Officer shall notify the Complainant that a review of the matter
shall take place by a panel of three (3) persons to be selected
from the standing committee on nondiscrimination (hereinafter
called “the committee”), which shall be composed of a minimum of
eight (8) persons (see Section I). This notification, sent by the
Compliance Officer, shall be accompanied by the following:
a. A list of those members of the University
Community who are the members and chairperson of the committee (as
set forth in Section I).
b. A directive indicating that the chairperson of
the committee is the Executive Vice President for Planning and
Operations, Executive Vice President for Student Services or the
Provost and that the Complainant may select two other persons from
the list of committee members to serve on the panel. Faculty should
be heard by academic or administrative members; administrators by
administrative members; staff by the Director of HR Services and/or
by administrative members; and students by academic, administrative
or student members. Complainants who are faculty, administrators or
staff may not choose students as members of the panel.
c. Notice to the Respondent of the nature of the
complaint and the purpose of the hearing. - Selection of the panel members by the Complainant must be
completed and written notification of same must be submitted to the
Compliance Officer within seven (7) calendar days of receipt of the
Compliance Officer’s notice of review by the panel.
- The Respondent shall be given a list of panel members and may
file within seven (7) calendar days of receipt of the list, an
objection for cause (i.e., bias or prejudice). The basis for the
objection for cause shall be reviewed by an ad hoc committee
consisting of the remaining members of the standing committee,
whose decision on removal shall be final. A panel member who is
removed will be replaced as per the procedures above. This
objection for cause procedure may be exercised twice by the
Respondent.
- The panel shall review the matter, which may include
interviewing the Complainant, the Respondent, relevant witnesses
and other related documents and information. The Complainant or the
Respondent may submit relevant information to the panel or may
request to appear in person before the panel. The panel may
establish its own rules and procedures for the investigation of
complaints, subject to the approval of the General Counsel of the
University. At the conclusion of its investigation, the panel will
submit a written finding to the Compliance Officer as to whether or
not the members of the panel believe that discrimination in
violation of the University’s policy has occurred. This finding is
final. This finding shall normally be submitted to the Compliance
Officer within fourteen (14) calendar days of the conclusion of the
investigation.
- The Compliance Officer shall communicate the written finding of
the panel to the Complainant and the Respondent within seven (7)
calendar days after receiving the finding. In addition, if the
panel issues a finding of a policy violation, the Compliance
Officer shall invite the Complainant to discuss appropriate
remedial action. Other key parties on a “need to know” basis may be
notified of the panel’s finding.
G. Remedial Action
Based on the panel’s report that a violation of the
University’s policy against discrimination, discrimination related
and sexual harassment has occurred, prompt and appropriate remedial
action shall be taken by the Compliance Officer. The Compliance
Officer (and if appropriate, key supervisory personnel) will meet
with the Complainant and the Respondent, separately or together, to
discuss the resolution and outline the remedial action to be taken,
including any imposition of discipline. The resolution recommended
by the Compliance Officer will be deemed final, binding and
non-appealable. It is anticipated that upon resolution of the
complaint, the University shall receive from the Complainant a
signed statement indicating his or her satisfaction with the
resolution of the complaint.
H. Further Provisions on Time
Limits
- All of the time limits contained in this document may be
extended by mutual written agreement of the Complainant and the
Compliance Officer.
- If the Complainant fails to respond within the time limits
provided, upon written notice of such failure, the complaint may be
deemed to have been withdrawn.
- In the event of a question of the timeliness of any complaint,
complaint appeal or response, postmarks shall be
determinative.
I. Committee on Nondiscrimination
Executive Vice President for Planning and Operations
Senior Vice President for Student Life
President of the Student Government (Queens or Staten Island
campuses)
Campus Director (Staten Island, Eastern Long Island, or Rome)
Dean, School of Law
Director of Human Resources Services
Any other academic dean (including Dean of University
Libraries)
Senior member of the Committee on Hearing and Deciding Charges
Employment at Will
This complaint procedure is intended to provide for the prompt and
equitable resolution of student and employee complaints alleging
discrimination and sexual harassment. It is not intended to create,
and does not create, an employment contract or a guarantee of
continued employment for any employee. Therefore, the University is
free to discharge at-will employees at any time for any reason,
just as an employee may resign at any time for any reason.
Furthermore, the University may amend or rescind any of the
provisions of this policy and the complaint procedure form time to
time in its sole discretion.