Scope
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.
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
that prohibit discrimination (as defined below) in any educational
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.
“Discrimination”
includes employment decisions made on the basis of race, religion,
color, national or ethnic origin, age, sex, sexual orientation,
marital status, citizenship status, disability, genetic
predisposition or carrier status, status as a victim of domestic
violence or status in the uniformed services of the United States
(including veteran status). Employment decisions apply to all
terms and conditions of employment, including but not limited to
hiring, classification, promotion or transfer, discipline,
discharge, layoff, compensation, job training, and
benefits.
"Sexual harassment"
includes unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature when:
- submission to such conduct is made either explicitly or
implicitly a condition of an individual's employment or
education;
- submission to or rejection of such conduct by an individual is
used as the basis for academic or employment decisions affecting
that individual;
- 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;
- 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 off-campus in the course of conducting University
business.
Additional
Sections