Fordham University            The Jesuit University of New York
 


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Sexual Harassment Prevention










Sexual Harassment Prevention

Index for Sexual Harassment Prevention
      Message from the President
      Policy Statement
      Where to Go If An Incident Occurs
            University Contacts
            For Incidents Between Two or More Students
      Consensual Relationships Policy Statement
      Definition of Sexual Harassment Prohibited Actions
      Examples of Sexual Harassment
      Procedures regarding Complaints
            Informal Approach
            Formal Approach
      Grievance Procedures
      Retaliation
      Confidentiality
      False, Malicious, and Frivolous Charges
      Dissemination of Policy
      Educational Resources and Assistance

Sexual Harassment Prevention

(Click Here to download PDF)

A Message To The Fordham University Community

As a Jesuit University, Fordham takes seriously its responsibility to provide all the members of its campus community with an environment that celebrates and protects the dignity of the human person. Therefore, the University expects that the conduct of every member of the Fordham community be free from unlawful discrimination and marked by fairness, trust, and mutual respect. Sexual harassment is a form of discrimination. Therefore, it is at odds with the University's spirit and its long-standing commitment to the cause of equality. Moreover, it is a violation of the University's Code of Conduct and is prohibited by law. Therefore, it is the policy of Fordham University that sexual harassment is prohibited, and all alleged violations of this policy will receive prompt attention as well as any necessary corrective action. I urge any member of the University community to contact the appropriate University personnel noted herein if an incident of sexual harassment should occur.
Joseph M. McShane, S.J.
President

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Sexual Harassment Policy Statement

Sexual harassment will not be tolerated in the University community. It subverts the mission of the University and threatens the well-being, educational experiences, and careers of students, faculty, and staff. It is especially threatening in the context of a teacher-student or supervisor-subordinate relationship, in that a harasser can exploit the power inherent in the position of teacher or supervisor regarding grades, recommendations, wage status, or promotion. However, sexual harassment can also occur by subordinates against supervisors, by those of equal status, or by students, thereby creating an environment that is intimidating or offensive in a variety of settings. Any member of the faculty, staff, or student body of the University who believes that he or she has been or is being subjected to sexual harassment is strongly urged to use the resolution procedures described herein. Failure to do so could impact your legal rights in the future.

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WHERE TO GO IF AN INCIDENT OCCURS

UNIVERSITY CONTACTS

Anastasia Coleman  ADN 114 (718) 817-3112
Title IX Coordinator

Mr. Jeffrey L. Gray, Keating 100 (718) 817-4750
Vice President for Student Affairs

Stephen Freedman, Ph.D.  ADN 229 (718) 817-3040; LL 224 (212) 636-6263
Provost

Mr. Michael Mineo, FMH 506 (718) 817-4931
Executive Director, Human Resources Management

Mr. Grant Grastorf, FWC 147 (914) 367-3202
Academic Operations Administrator
Westchester Campus

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FOR INCIDENTS BETWEEN TWO OR MORE STUDENTS

Ms. Michele Burris, Keating Hall 100 (718) 817-4750
Associate Vice President for Student Affairs

Mr. Christopher Rodgers, Keating Hall 100 (718) 817-4755
Dean of Students at Rose Hill

Mr. Keith Eldredge, LL 408 (212) 636-6250
Dean of Students at Lincoln Center
(also serves as the contact person for the Westchester campus)

TBD - ACN- Basement (718) 817-3080
Assistant Dean of Students/Director of Residential Life at Rose Hill

Ms. Jenifer Campbell, LCR 108C (212) 636-7100
Director of Residential Life at Lincoln Center

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ADDITIONAL RESOURCES

Rose Hill Counseling Center O'Hare-North Wing (718) 817-3725

Lincoln Center Counseling Center MMH 211 (212) 636-6225

Rose Hill Campus Ministry MGC 102 (718) 817-4500

Lincoln Center Campus Ministry LL 217 (212) 636-6267

Westchester Campus Ministry  Westchester 133 (914) 367-3420

Human Resources Department FMH 506 (718) 817-4931

Office of Legal Counsel ADN 111 (718) 817-3110

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Consensual Relationships Policy Statement

All members of the University community should be aware that initial consent to a romantic relationship does not preclude the potential for charges of sexual harassment should consent be withdrawn. For example, faculty members, including graduate teaching assistants and others, maintain positions of trust and authority in their profession as they guide and mentor students, judge their academic work, and provide recommendations for further study and employment. This relationship should not be jeopardized by questions of favoritism or fairness in professional judgment. In maintaining an educational climate free of sexual harassment, it is the University’s position that it is particularly unwise and inappropriate for any members of the University community to have romantic relationships with students even in cases where there is, or appears to be, mutual consent. The voluntariness of consent by a student or employee in such relationships may be suspect because of an imbalance of power and authority between the parties.

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Definition of Sexual Harassment

Prohibited Actions

It is a violation of this policy for any member of the University community to engage in sexual harassment. Sexual harassment is defined as 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 term or condition of an individual's employment or status in a program, course, or activity;
2. submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting an individual; or
3. such conduct is sufficiently pervasive, offensive or abusive to have the purpose or reasonable effect of interfering with an individual's work or educational performance, or creating an intimidating, hostile, or offensive work or educational environment.

Sexual violence is a form of sexual harassment. Sexual violence refers to physical sexual acts perpetrated against a person's will, or when a person is incapable of giving consent due to the use of drugs or alcohol, or is unable to give consent due to a disability.

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Examples of Sexual Harassment

Specific examples of sexual harassment may include, but are not limited to:
1. physical assault
2. unwanted sexual advances, requests for sexual favors, or propositions of a sexual nature.
3. direct or implied threats that submission to sexual advances is a condition of employment, promotion, good grades, recommendations, etc.
4. unwelcome verbal or physical conduct of a sexual nature which an individual regards as undesirable or offensive, including but not necessarily limited to sexually explicit jokes, statements, and questions or remarks about sexual activity or experience.

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Procedures

Complaints of sexual harassment will be investigated immediately. Depending upon the results of the investigation and the nature and severity of the incident(s), appropriate remedial action will follow. Possible sanctions range from a letter of reprimand to suspension, or termination of employment or expulsion. The University has established the following procedures for sexual harassment complaints. The procedures are designed to resolve such complaints promptly and fairly. In general, any individual with supervisory authority who obtains knowledge of an incident of sexual harassment occurring is required to immediately advise the Director of Equity & Equal Opportunity if the incident is workplace related, or the Dean of Students (RH) or the Dean of Students (LC) if the incident is between students. The Dean of Students (LC) is the contact person regarding students at the Westchester campus.

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Informal Approach

A faculty, staff member, or student of the University, believing he/she may be experiencing a form of sexual harassment, in cases other than sexual violence involving students, may attempt to resolve the situation personally if he/she is comfortable in approaching the individual whose conduct is being questioned. If not so inclined, faculty should discuss their concerns and seek the advice of the department head; administrators and staff with a supervisor; and students with a member of the student affairs staff. In cases where the alleged harasser is the department head or supervisor, faculty, administrators and staff should discuss the matter and seek the advice of the next highest level of authority. After consultation with the Director of Equity & Equal Opportunity, the Dean of Students (RH) or the Dean of Students (LC), the advisor may assist the individual in reviewing the situation in the context in which it occurred, aid the individual in identifying the problem, and review and implement options for resolution. The Dean of Students (LC) is the contact person regarding students at the Westchester campus.

In cases of sexual violence involving students, mediation is not appropriate, even on a voluntary basis, according to the U.S. Department of Education.  In cases of sexual violence between students, the complainant should report the issue to the Dean of Students (RH), or the Dean of Students (LC).  Students at the Westchester campus should contact the Dean of Students (LC).  In all other cases involving a student and a member of the University community, the Director of Equity and Equal Opportunity should be contacted.  Students should refer to the Campus Assault and Relationship Education brochure (CARE) for detailed procedures in the cases of sexual violence.
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Formal Approach

If the matter cannot be resolved through the informal approach, or if the person alleging harassment chooses not to proceed informally, the complainant mayseek the assistance of an official Investigator. In cases of sexual harassment between students, the official Investigator will be the Dean of Student Life (RH), the Dean of Students (LC), or a designated Administrator. Students at the Westchester campus should contact the Dean of Students (LC). In other cases, the Director of Equity & Equal Opportunity will serve as Investigator. The role of the Investigator will be to fact-find, review, and resolve the complaint. The Investigator will handle complaints independently and will follow certain procedures:

  1. Speak with the complainant and the individual accused to determine the nature of the incident and the context in which it occurred.
  2. Conduct a discreet inquiry into the complaint, gathering and examining relevant facts, and interviewing witnesses as appropriate.
  3. Depending on the nature and severity of the incident, other University officials may be involved in the investigation.
  4. If the results of the investigation indicate that harassment has occurred, the Dean of Students (RH) or the Dean of Students (LC) will determine the appropriate disciplinary sanctions. Inthe case offaculty and administrators, the Director of Equity & Equal Opportunity will make recommendations for resolution, including disciplinary action, to the appropriate Area Vice President; for staff, to the Executive Director of Human Resources Management.
  5. In so far as practical, and to the extent appropriate to the circumstances, information gathered during the investigation, and the processes of resolution will be kept confidential.
  6. Prepare and retain a record of the complaint, the investigation and findings, and the resolution.

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Grievance Procedures

Appeal may be made pursuant to the applicable grievance procedures of the University outlined below: 

Students subject to disciplinary sanctions that are appealable to the University Judicial Council (UJC) will follow the grievance process stated in the Student Handbook. Student complainants may file a written appeal to the Vice President for Student Affairs. Faculty who are subject to sanctions may file their grievances with the Faculty Hearing Committee. Administrators may pursue their grievances using the process outlined in the Handbook for Administrators. Union members follow the grievance procedures outlined in their respective collective bargaining agreements.

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Retaliation

Faculty, staff, and students are encouraged to express their feelings in a responsible manner regarding a problem of sexual harassment. Any member of the University community who attempts to interfere, restrain, coerce, discriminate against, or harass (whether overtly or covertly) any individual responsibly pursuing a complaint of |sexual harassment will be subject to prompt and appropriate disciplinary action.

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Confidentiality

Sexual harassment is a matter of grave concern for both the complainant and the accused and therefore the procedures designed to deal with sexual harassment should be handled with the utmost sensitivity. To the extent practical and appropriate to the circumstances, investigatory and resolution procedures, as well as formal grievance procedures, shall be held in strict confidence to reasonably insure the privacy of the parties concerned (complainant, accused, and witnesses, if any) and to offer as much protection as reasonably possible to the careers and reputations of the parties involved.

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False, Malicious, and Frivolous Charges

The use of this policy for false, malicious, or frivolous purposes is strictly prohibited. Any student, faculty, or staff member who brings a false, malicious, or frivolous charge of sexual harassment against another member of the University community may be subject to disciplinary action. An individual who brings a reasonable charge of sexual harassment in good faith, even if it may be erroneous, will not be subject to discipline.


Dissemination of Policy

The sexual harassment policy and procedures are distributed regularly on a University-wide basis.


Educational Resources and Assistance

The Office of Student Affairs and the Office of Legal Counsel provide educational materials and periodic information sessions regarding sexual harassment.The Office of Legal Counsel (718-817-3110) will act as a resource for any questions regarding this policy. For key contacts to reportan incident, please check the following:

www.fordham.edu/sexualharassment

9/1/11


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