SANY is committed to maintaining a work environment that is free of discrimination and harassment. Sexual harassment is a violation of SANY policy and a violation of federal, state and local laws.
SANY strictly prohibits any employee, manager, or non-employee (e.g., intern, volunteer, independent contractor, contract worker, vendor client, customer or visitor) from sexually harassing another SANY employee or student, regardless of the harassed person’s sex. SANY also prohibits its employees from sexually harassing nonemployees, including students, volunteers, contractors, vendors, or visitors. Furthermore, it is illegal and prohibited by SANY policies for any employee to engage in retaliation against a person who complained about sexual harassment or cooperated with an investigation into alleged sexual harassment.
Any employee or individual covered by this policy who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary action, up to and including termination of employment.
What is Sexual Harassment?
Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, gender identity, and the status of being transgender.
Unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct based on an individual’s sex, sexual orientation, gender identity, or the status of being transgender constitutes sexual harassment when:
- Submission to the conduct is an explicit or implicit term or condition of employment; or
- Submission to or rejection of the conduct is used as the basis for decisions affecting an individual’s employment; or
- Submission to or rejection of such conduct is used as a basis for decisions affecting a student’s grades, class standing, participation in SANY activities, recommendations, or the benefits of any SANY program or activity; or
- The conduct has the purpose or effect of creating an intimidating, hostile, or offensive working or educational environment.
Sexual harassment is not limited to the physical workplace. It can occur while employees are traveling for business or at employer sponsored events or during after-hours or out-of-school communications with other employees, students, or others.
Examples of Sexual Harassment
While it is not possible to list all acts which may constitute sexual harassment, it may include explicit sexual propositions or flirtations; sexual innuendo; suggestive comments; sexually oriented teasing; comments or jokes about gender-specific traits, sexual orientation, gender identity or gender expression; foul or obscene language or gestures; unwanted physical contact; the display or transmission of obscene, demeaning, insulting, intimidating, or sexually suggestive objects, pictures, or photographs; and hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity or the status of being transgender, such as interfering with the individual’s ability to perform the job, bullying, or name-calling.
In addition, quid pro quo sexual harassment is a type of sexual harassment that involves a person with authority over someone else offering or threatening to favorably or negatively impact the person’s employment based on the person’s acceptance or rejection of a request for sexual favors. It could include effecting or attempting to effect hiring decisions, promotion, pay changes, continued employment or any other terms, conditions or privileges of employment. It could also include affecting or attempting to affect a student’s grades, class standing, participation in SANY activities or events, discipline, recommendations, or records (e.g., attendance, discipline, or other educational records).
Although unlawful behavior in most circumstances must be severe or pervasive, and one joke or comment may not be enough to constitute sexual harassment, a single incident of inappropriate conduct may be enough to rise to the level of sexual harassment depending on the severity of the incident. Regardless of whether an employee’s conduct constitutes a violation of law, it may violate SANY’s policy against sexual harassment and result in employee discipline or other corrective action.
What is Retaliation?
Retaliation is any action that intended to prevent an individual from reporting sexual harassment, cooperating with an investigation of a reported sexual harassment, or taking other action in regard to a sexual harassment complaint. Retaliation does not have to be job-related or occur in the workplace, and SANY strictly prohibits any form of such retaliation.
Such retaliation is illegal under federal, state, and, sometimes, local law. The New York State Human Rights Law (Executive Law § 298, et seq.) protects who have engaged in “protected activity.” Examples of protected activity include a person engaging in one of the following acts:
- Reporting suspected sexual harassment, either internally or with any government agency;
- Testifying or cooperating in any proceeding concerning alleged sexual harassment that is conducted under the N.Y. Human Rights Law or other anti-discrimination law;
- opposing sexual harassment by formally or informally complaining about such conduct to management or informing a supervisor or manager of harassment;
- reporting or complaining about another employee having been sexually harassed; or
- encouraging another employee to report sexual harassment.
SANY strictly prohibits its employees from taking any action against an employee, student, or other person who, in good faith, reports or complains about sexual harassment and such conduct, if proven, will result in employee discipline, up to and including termination of employment. Furthermore, no adverse actions will be taken against any employee or other person who, in good faith, reports violations of this policy are participates in investigations concerning such violations.
Reporting Sexual Harassment
Sexual harassment and retaliation are both forms of employee misconduct. No employee is required to submit to, or accept, sexual harassment in order to maintain their position, promotional opportunities, benefits, or to meet any other condition of employment. Likewise, no student is required to submit to or accept such conduct in order to receive a grade; participate in any school program, activity or event; or receive the benefits of any SANY program.
Any person who believes they have been sexually harassed or have a witness to the sexual harassment of another person by a SANY employee must immediately report such conduct to their supervisor or manager, the SANY Human Resources Coordinator, or any other manager with whom he or she is comfortable.
A person may report sexual harassment either verbally or in writing. A form for submission of a written complaint is attached to this policy. Individuals reporting sexual harassment of behalf of someone else should use the complaint form whenever possible. A person reporting verbally may be asked to provide a written report in the course of an investigation.
Any employee or non-employee who believes he or she has been sexually harassed may also seek assistance from other agencies and forums, as explained below.
All supervisors and managers who receive a complaint or information about suspected sexual harassment or who observe what may be sexually harassment or who, for any reason, suspect that sexual harassment has occurred or is occurring must report such information to their school building director, the SANY Human Resources Coordinator, or the Superintendent. Any school building director or the Human Resources Coordinator receiving such information fell immediately forwarded to the Superintendent. Supervisors and managers will be subject to employee discipline if they engage in sexually harassment, fail to report suspected sexual harassment, or otherwise knowingly permit suspected sexual harassment to continue.
Investigation of a Sexual Harassment Complaint
ALL complaints about suspected sexual harassment will be investigated whether the information was reported in verbal or written form. The Superintendent or the Superintendent’s designee shall assign a person trained to investigate such matters to investigate each complaint or report of sexual harassment and that investigator shall make every reasonable effort to complete a thorough investigation and a report concerning the investigation, including findings of fact and recommended corrective action (if any) within 30 days of the date the complaint or report was received. All such investigations and reports concerning such investigations shall remain confidential, to the extent possible. Effective corrective action will be taken whenever sexual harassment is found to have occurred.
All persons involved in such an investigation, including complainants, witnesses and alleged perpetrators, will be provided the requisite due process to protect their rights, including the conduct of a fair and impartial investigation. All SANY employees are required to cooperate with such an investigation to the extent requested and failure to do so, and good faith, may result in the imposition of employee discipline. SANY employees are strictly prohibited from retaliating against any person for participating in such an investigation.
Investigations into reports or complaints of sexual harassment shall be conducted according to the following steps:
- Upon receipt of a complaint, a manager or supervisor shall forward the information to the building director, Human Resources Coordinator, or the Superintendent. The school building directors and Human Resources Coordinator shall immediately forward such information to the Superintendent.
- The Superintendent or the Superintendent’s designee shall promptly designate a person to investigate the reported sexual harassment.
- The designated investigator shall immediately review the reported information and allegations and promptly consult with managers, supervisors, or other individuals to determine whether interim corrective action is necessary to maintain a workplace and educational environment free of sexual harassment and to prevent interference with the investigation or retaliation. The designated investigator shall promptly recommend any necessary interim corrective action to the Superintendent.
- The designated investigator shall promptly review any written complaint or report and obtain and review relevant documents, electronic communications (e.g., emails, text messages, etc.), phone records, surveillance video, and other relevant material.
- The designated investigator shall promptly arrange for and conduct interviews of the reporting party, putative victim(s), putative perpetrator(s) persons reported to have witnessed any instance of sexual harassment and other persons believed to have relevant information.
- Prepare a written report commensurate with the gravity of the reported sexual harassment that includes the following:
- The identification of documents and other material reviewed and a summary of their contents;
- The identification of the persons interviewed and a summary of the information provided by each person;
- Findings of fact about what occurred, including whether sexual harassment occurred, specifying the information relied on for such findings;
- Whether corrective action is appropriate and, if so, what corrective action is recommended, specifying the reasons for such recommendations; and
- A timeline for the significant milestones of the investigation.
The Superintendent shall consider each such report and any recommended corrective action stated in each such report and determine whether the corrective action is appropriate order should be modified. The Superintendent shall only modify the corrective action where there is good reason to do so and shall append a statements to the report indicating why the corrective action was modified. SANY shall maintain copies of all such reports including any memorandum concerning corrective action from the Superintendent.
Upon conclusion of the investigation any identified corrective actions will be taken. If SANY is required to provide particular process prior to taking corrective action (e.g., student disciplinary hearing, compliance with the employment contract provisions, etc.), and shall immediately commence any such process. SANY shall provide notice to each individual who complained or reported the sexual harassment and to any putative perpetrator of the sexual harassment concerning the final determination.
Legal Protections and External Remedies
Aside from SANY’s internal process, employees may also choose to pursue legal remedies with several governmental entities at any time.
The Human Rights Law (“HRL”) applies to employers in New York State with regard to sexual harassment. The HRL protects employees and non-employees, regardless of immigration status. A complaint alleging violations of the HRL may be filed either with the New York State Division of Human Rights or in New York State Supreme Court.
The United States Equal Employment Opportunity Commission (“EEOC”) enforces anti-discrimination laws, including Title VII of the Civil Rights Act of 1964. Sexual harassment is unlawful under Title VII. If an employee believes s/he has been discriminated against at work, s/he can file a discrimination charge with the EEOC. The United States Department of Education, Office for Civil Rights, enforces Title IX of the Education Amendments of 1972, which prohibits any educational institution receiving federal financial assistance from engaging in or permitting harassment on the basis of a person’s sex relative to access to school programs, activities, or benefits. A complaint alleging a violation of Title IX may be filed with the OCR within 180 days of the alleged discrimination or harassment.
Some municipalities or counties have laws that protect individuals from sexual harassment and discrimination. A person who believes they have been subjected to sexual harassment or discrimination should contact the county, city or town in which they live to determine if any such law exists.
Remedies available to a victim of sexual harassment may include: reinstatement, back pay, front pay, compensatory damages, punitive damages, and attorneys’ fees.
