Page Comparison

...

Introduction

Canisius College (Canisius) is committed to maintaining a workplace free from sexual harassment.  All employees are required to work in a manner that prevents sexual harassment in the workplace. This Policy is one component of Canisius‘s commitment to a discrimination-free work environment together with Canisius’s Anti-Discrimination and Harassment Policy and Sexual and Gender-Based Misconduct Policy.

Sexual harassment is a form of workplace discrimination and is against the law.[1]  All persons covered by this Policy have a legal right to a workplace free from sexual harassment and are urged to report sexual harassment by filing a complaint internally with Canisius.  Complaints can also be filed with a government agency or in court under federal, state or local antidiscrimination laws.    

...

1. This Policy applies to the following persons regardless of immigration status:  all employees, applicants for employment, interns (paid or unpaid), and contractors, subcontractors, vendors, consultants and other persons providing services in the workplace pursuant to a contract with Canisiusor any of their employees who are providing services in the workplace.[2]  (All of these persons are referred to in the remainder of this Policy singularly as “Covered Person” and collectively as “Covered Persons.”)
2. Sexual harassment is prohibited and will not be tolerated.  Any Covered Person who engages in sexual harassment will be subject to remedial and/or disciplinary action (e.g., counseling, suspension or termination).  Any Covered Person who believes he or she has been a target of sexual harassment should report it using the procedures explained below in the section titled “Reporting Sexual Harassment and Retaliation.” 
3. Retaliation is prohibited.  Canisius will not tolerate any retaliatory adverse action against any Covered Person who, in good faith, reports sexual harassment or who provides information, testifies or otherwise assists in any investigation of or proceeding involving sexual harassment.  Any Covered Person who engages in such retaliation will be subject to disciplinary action, up to and including termination.  Any Covered Person who believes he or she has been a target of retaliation should report it using the procedures explained below in the section titled “Reporting Sexual Harassment and Retaliation.”   
4. Sexual harassment and retaliation are unlawful and a violation of this Policy and may subject Canisius to liability for harm to targets of such conduct.  Persons who engage in sexual  harassment and retaliation may also be subject to individual liability.  Covered Persons of every level who engage in sexual harassment and/or retaliation, including managers and supervisors who engage in such conduct or who knowingly allow such conduct to continue, will be penalized for such misconduct.   
5. All Covered Persons are encouraged to report any sexual harassment, retaliation or behaviors that violate this Policy.  Canisius will provide a complaint form for reporting such conduct and filing complaints. 
6. Managers and supervisors are required to report any complaint of sexual harassment or retaliation that they receive or any sexual harassment that they observe or become aware of to the Associate Vice President for Human Resources & Compliance in the Human Resources Department.
7. Canisius will conduct a prompt and thorough investigation that ensures due process for all parties whenever management receives a complaint about sexual harassment or retaliation or otherwise knows of possible sexual harassment or retaliation occurring.  Canisius will keep the investigation confidential to the extent possible.  Effective corrective action will be taken whenever sexual harassment or retaliation is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal investigation.
8. This Policy applies to all Covered Persons and all must follow and uphold it.  This Policy must be provided to all employees and will be provided to employees upon hiring.

What Is “Sexual Harassment”?

Sexual harassment is a form of sex discrimination and is unlawful gender-based discrimination unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender.  This Policy prohibits sexual harassment even where it may not rise to the level of violating applicable law.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:

...

Under the New York Human Rights Law, sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment.  Harassment does not need to be severe or pervasive to be illegal.  It can be any conduct that rises above petty slights or trivial inconveniences. 

Every instance of harassment is unique to those experiencing it, and there is no single boundary between petty slights and harassing behavior. However, the New York Human Rights Law specifies that whether harassing conduct is considered petty or trivial is to be viewed from the standpoint of a reasonable victim of discrimination with the same protected characteristics. Generally, any behavior in which an employee or covered individual is treated worse because of their gender (perceived or actual), sexual orientation, or gender expression is considered a violation of the Company’s policy. The intent of the behavior, for example, making a joke, does not neutralize a harassment claim. Not intending to harass is not a defense. The impact of the behavior on a person is what counts.

This Policy prohibits sexual harassment even where it may not rise to the level of violating applicable law.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:

• Such conduct has the purpose or effect of unreasonably interfering with an individual’s workperformance or creating an intimidating, hostile or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment;

...

• Physical acts of a sexual nature, such as:
• Touching, pinching, patting, kissing, hugging, grabbing, brushing against another person’s body or poking another person’s body;
• Rape, sexual battery, molestation or attempts to commit these assaults.
• Unwanted sexual advances or propositions, such as:
• Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, a promotion or other job benefits or detriments;
• Subtle or obvious pressure for unwelcome sexual activities.
• Sexually oriented gestures, noises, remarks or jokes or comments about a person’s sexuality or sexual experience, which create a hostile work environment.
• Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people’s ideas or perceptions about how individuals of a particular sex should act or look.
• Sexual or discriminatory displays or publications anywhere in the workplace, such as:
• Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace.
• Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity and the status of being transgender, such as:
• Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
• Sabotaging an individual’s work;
• Bullying, yelling, name-calling.

Who can be a target of sexual harassment?

Sexual harassment can occur between any individuals, regardless of their sex or gendermales and females or persons of the same sex. New York Law protects employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace. Harassers can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor.

...

Unlawful sexual harassment is not limited to the physical workplace itself. It can occur either in or outside of the workplace and either during working or non-working hours, such as while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises , or on personal devices or during non-work hours.

Retaliation

Unlawful retaliation can be any action that could discourage a person from coming forward to make or support a sexual harassment claim.  Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours).  This Policy prohibits retaliation even where it may not rise to the level of violating applicable law.

...

• made a complaint of sexual harassment, either internally or with any anti-discrimination agency;
• testified or assisted in a proceeding involving sexual harassment under the Human Rights Law or other anti-discrimination law;
• opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment;
• reported that another employee has been sexually harassed; or
• encouraged a fellow employee to report harassment.

...

Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.

Reporting Sexual Harassment and Retaliation

Preventing sexual harassment and retaliation is everyone’s responsibility. Canisiuscannot prevent or remedy sexual harassment and retaliation unless it knows about them. Any Covered Person who has been subjected to behavior that may constitute sexual harassment or retaliation should report such behavior to his or her supervisor or manager or to the Associate Vice President for Human Resources & Compliance in the Human Resources Department. Anyone who witnesses or becomes aware of potential instances of sexual harassment or retaliation should report such behavior to his or her supervisor or manager or to the Associate Vice President for Human Resources & Compliance in the Human Resources Department.

...

Covered Persons who believe they have been a target of sexual harassment or retaliation may also seek assistance in other available forums, as explained below in the section on Legal Protections.

Supervisory Responsibilities

All supervisors and managers who receive a complaint or information about suspected sexual harassment or retaliation, observe what may be sexually harassing behavior or retaliation or for any reason suspect that sexual harassment or retaliation is occurring, are required to report such suspected sexual harassment or retaliation to the Associate Vice President for Human Resources & Compliance in the Human Resources Department.

...

Supervisors and managers will also be subject to discipline for engaging in any retaliation or otherwise knowingly allowing retaliation to continue.

Complaint and Investigation of Sexual Harassment and Retaliation

All complaints or information about sexual harassment or retaliation will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner, and will be confidential to the extent possible.

An investigation of any complaint, information or knowledge of suspected sexual harassment or retaliation will be prompt and thorough, commenced immediately and completed as soon as possible.

All allegations of sexual harassment occurring within the college’s education programs and activities as defined by the college’s Sexual and Gender-Based Misconduct (Title IX) Policy will be handled exclusively pursuant to the investigation and grievance procedures outlined in that policy.  When the alleged sexual harassment conduct does not meet the college’s Sexual and Gender-Based Misconduct (Title IX) Policy definition of sexual harassment, then the college’s investigation and resolution efforts will be conducted in accordance with the college’s Anti-Discrimination and Harassment Policy.  The determination of which policy will govern is in the sole discretion of the Title IX officer and the Associate Vice President for Human Resources & Compliance. 

The college's investigation, regardless of which policy governs, will be kept confidential to the extent possible. Moreover, all persons involved, including complainants, witnesses and alleged harassers will be accorded due process, as outlined below, to protect their rights to a fair and impartial investigation.

Any employee or other Covered Person may be required to cooperate as needed in an investigation of suspected sexual harassment or retaliation. Canisius will not tolerate retaliation against Covered Persons who file complaints, support another’s complaint or participate in an investigation regarding a violation of this Policy.

Legal Protections And External Remedies

Sexual harassment and retaliation are not only prohibited by this Policy but are also prohibited by state, federal, and, where applicable, local law.

Aside from the internal process at Canisius, Covered Persons may also pursue legal remedies with the following governmental entities.  While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.

In addition to those outlined below, Covered Persons in certain industries may have additional legal protections.

New York State Human Rights Law (HRL)

The New York State Human Rights Law (HRL), codified at N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State with regard to sexual harassment, and protects employees, paid or unpaid interns and non-employees, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the Division of Human Rights (DHR) or in New York State Supreme Court.

Complaints may be filed with DHR any time within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.

Complaining internally to Canisius does not extend the time to file with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment.

You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring an employer to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney’s fees and civil fines.

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458.  You may call (718) 741-8400 or visit, www.dhr.ny.gov.

Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State.

Civil Rights Act of 1964

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified at 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.

The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred.  In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.

An employee alleging discriminated against at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (1-800-669-6820 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.

If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.

Local Protections

...

Contact the Local Police Department

If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.

CANISIUS COLLEGE

 COMPLAINT FORM

...

New York State Labor Law requires all employers to adopt a sexual harassment prevention policy that includes a complaint form to report alleged incidents of sexual harassment and retaliation.

If you believe that you have been subjected to sexual harassment or subjected to retaliation for reporting sexual harassment or assisting in an investigation of sexual harassment, you are encouraged to complete this form and submit it to the College’s Associate Vice President for Human Resources & Compliance.

The Associate Vice President for Human Resources & Compliance is Linda Walleshauser, located in Old Main 100, 716-888-2244, walleshl@canisius.edu.

If you are more comfortable reporting verbally or in another manner, Canisius will complete this form and provide you with a copy and follow its sexual harassment prevention policy by investigating the claims are outlined at the end of this form.

For additional resources, visit: 

ny.gov/programs/combatting-sexual-harassment-workplace

YOUR INFORMATION

Name: __________________________________

Work Address:  ___________________________       Work Phone: ____________________

                            ___________________________

Job Title:  _______________________________        Email:__________________________  

Best way to contact you:  _____Email     _____Phone _____In person

SUPERVISORY INFORMATION

Immediate Supervisor’s Name:  _______________________________________________

Title:  ____________________________________

Work Address:  ____________________________     Work phone: ___________________

COMPLAINT INFORMATION

1.      You complaint is about:  ____ sexual harassment      ____ retaliation

2.      Your complaint is made about:

            Name: ____________________________        Title:__________________________

            Work Address:______________________        Work Phone: ___________________

                                  ______________________

         Relationship to you:  ___ Supervisor   ___ Subordinate   ___ Co-Worker   ___ Other

3.      Please describe what happened and how it is affecting you and your work.  (Please use additional sheets of paper if necessary and attach any relevant documents or evidence.) 

4.       Date(s) conduct occurred: ________________________________________________

           Is the conduct continuing?     _____ Yes    ____ No

5.       Please list the name and contact information of any witnesses or individuals that may have information related to your complaint.

           The last question is optional, but may help the investigation.

6.       Have you previously complained or provided information (verbal or written) about related incidents?  If yes, when and to whom did you complain or provide information? 

If you have retained legal counsel and would like us to work with them, please provide their contact information.

Signature: _________________________________  Date:  ________________________

Investigation Procedures

If Canisius receives a complaint about alleged sexual harassment or retaliation it will follow its sexual harassment prevention policy.

An investigation involves:

• Speaking with the person making the complaint
• Speaking with the alleged harasser
• Interviewing witnesses
• Collecting and reviewing any related documents

While the process may vary from case to case, all allegations will be investigated promptly and resolved as quickly as possible. The investigation will be kept confidential to the extent possible.

The findings of the investigation and basis for any decision along with any corrective actions taken will be documented and the person making the complaint and the individual(s) against whom the complaint was made will be notified.  This may be done via email.

This form may also be viewed and completed in PDF format, listed below: 

Canisius Sexual Harassment Complaint Form October 2020.pdf

[1] While this policy specifically addresses sexual harassment, harassment because of and discrimination against persons of all protected classes is prohibited.  In New York State, such protected classes include. but are not limited to, age, race, creed, color, national origin, sexual orientation, military status, sex, disability, marital status, domestic violence victim status, gender identity and criminal history.    

[2] Non-employees covered by this Policy include persons commonly referred to as independent contractors, “gig” workers and temporary workers.  Also included are persons employed by a third-party who are providing any services, such as equipment repair or cleaning services.While supervisors and managers have a responsibility to report harassment and discrimination, supervisors and managers must be mindful of the impact that harassment and a subsequent investigation has on victims. Being identified as a possible victim of harassment and questioned about harassment and discrimination can be intimidating, uncomfortable and re-traumatizing for individuals. Supervisors and managers must accommodate the needs of individuals who have experienced harassment to ensure the workplace is safe, supportive, and free from retaliation for them during and after any investigation.

Bystander Intervention

Any employee witnessing harassment as a bystander is encouraged to report it. A supervisor or manager that is a bystander to harassment is required to report it. There are five standard methods of bystander intervention that can be used when anyone witnesses harassment or discrimination and wants to help.

1. A bystander can interrupt the harassment by engaging with the individual being harassed and distracting them from the harassing behavior;
2. A bystander who feels unsafe interrupting on their own can ask a third party to help intervene in the harassment;
3. A bystander can record or take notes on the harassment incident to benefit a future investigation;
4. A bystander might check in with the person who has been harassed after the incident, see how they are feeling and let them know the behavior was not ok; and
5. If a bystander feels safe, they can confront the harassers and name the behavior as inappropriate. When confronting harassment, physically assaulting an individual is never an appropriate

response.

Though not exhaustive, and dependent on the circumstances, the guidelines above can serve as a brief guide of how to react when witnessing harassment in the workplace. Any employee witnessing harassment as a bystander is encouraged to report it. A supervisor or manager that is a bystander to harassment is required to report it.

Complaint and Investigation of Sexual Harassment and Retaliation

All complaints or information about sexual harassment or retaliation will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner, and will be confidential to the extent possible.

An investigation of any complaint, information or knowledge of suspected sexual harassment or retaliation will be prompt and thorough, commenced immediately and completed as soon as possible.

All allegations of sexual harassment occurring within the college’s education programs and activities as defined by the college’s Sexual and Gender-Based Misconduct (Title IX) Policy will be handled exclusively pursuant to the investigation and grievance procedures outlined in that policy.  When the alleged sexual harassment conduct does not meet the college’s Sexual and Gender-Based Misconduct (Title IX) Policy definition of sexual harassment, then the college’s investigation and resolution efforts will be conducted in accordance with the college’s Anti-Discrimination and Harassment Policy.  The determination of which policy will govern is in the sole discretion of the Title IX officer and the Associate Vice President for Human Resources & Compliance. 

The college's investigation, regardless of which policy governs, will be kept confidential to the extent possible. Moreover, all persons involved, including complainants, witnesses and alleged harassers will be accorded due process, as outlined below, to protect their rights to a fair and impartial investigation.

Any employee or other Covered Person may be required to cooperate as needed in an investigation of suspected sexual harassment or retaliation. Canisius will not tolerate retaliation against Covered Persons who file complaints, support another’s complaint or participate in an investigation regarding a violation of this Policy.

Legal Protections And External Remedies

Sexual harassment and retaliation are not only prohibited by this Policy but are also prohibited by state, federal, and, where applicable, local law.

Aside from the internal process at Canisius, Covered Persons may also pursue legal remedies with the following governmental entities.  While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.

In addition to those outlined below, Covered Persons in certain industries may have additional legal protections.

New York State Human Rights Law (HRL)

The New York State Human Rights Law (HRL), codified at N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State with regard to sexual harassment, and protects employees, paid or unpaid interns and non-employees, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the Division of Human Rights (DHR) or in New York State Supreme Court.

Complaints may be filed with DHR any time within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.

Complaining internally to Canisius does not extend the time to file with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment.

You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring an employer to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney’s fees and civil fines.

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit:www.dhr.ny.gov.

Go todhr.ny.gov/complaint for more information about filing a complaint with DHR. The website has a digital complaint process that can be completed on your computer or mobile device from start to finish. The website has a complaint form that can be downloaded, filled out, and mailed to DHR as well as a form that can be submitted online. The website also contains contact information for DHR’s regional offices across New York State.

Call the DHR sexual harassment hotline at 1(800) HARASS3 for more information about filing a sexual harassment complaint. This hotline can also provide you with a referral to a volunteer attorney experienced in sexual harassment matters who can provide you with limited free assistance and counsel over the phone.

Civil Rights Act of 1964

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified at 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.

The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred.  In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.

An employee alleging discriminated against at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (1-800-669-6820 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.

If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.

Local Protections

Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.

Contact the Local Police Department

If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.

Canisius College Complaint Form- Sexual Harassment & Retaliation

2.1.17    Reproductive Health Care Decisions Policy 

...

It is the policy of Canisius College to act in accordance with the requirements of Section 203-e.

Canisius College Policy ManualImage Added