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310 Discriminatory Harassment

310.01 General

Harassment on the basis of race or national origin, sex, sexual orientation, or physical disability is not only a violation of law, but is inimical to a proper learning environment and will not be tolerated in the academic community inasmuch as it precludes an academic or work environment necessary for free inquiry and personal growth and development to occur.

310.02 Discriminatory Harassment Based on Protected Characteristics

Also expressly prohibited by this policy is unwelcome conduct concerning a person’s race, color, religion, sex, sexual orientation, age, disability, marital status, national origin, or any other characteristic protected by law that is sufficiently severe, persistent, and/or pervasive so as to substantially and unreasonably interfere with the individual’s work or academic environment or performance, or unreasonably creates an intimidating, threatening, or abusive working or learning environment.

Normal, courteous, mutually respectful, comfortable, appropriate, pleasant, non-coercive interactions between employees and students, employees and employees, and students and students, that are acceptable to both parties are not considered to be unlawful harassment. “Harassment” does not include any speech or expressive activity, including without limitation, speech conducted in class, on campus, or in extracurricular activities, which is protected by the United States Constitution and the Constitution of the State of New York. However, unlawful harassing behavior, as described herein and/or as defined by federal and New York State law, shall not be immunized from disciplinary or other action simply because it is accompanied by protected speech.

310.03 Sexual Harassment Defined

Unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal and physical contact of a sexual nature is expressly forbidden by this policy when:

  • Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment, or basis for admission to, performance in, evaluation in, or completion of an educational program.
  • Submission to or rejection of such conduct by an individual is used explicitly or implicitly as the basis for employment or evaluative decision affecting such individual.
  • Such conduct is sufficiently severe, persistent, and/or pervasive so as to substantially and unreasonably interfere with the individual’s work or academic environment or performance, or unreasonably creates an intimidating, threatening, or abusive working or learning environment.

Although the majority of incidents of sexual harassment involve a man harassing a woman, the law and this policy also prohibits women harassing men, women harassing women, and men harassing men.

 

310.04 Compliance and Affirmative Action

Prevention is the best tool for elimination of discriminatory harassment. Faculty, staff, and employees of the College should take all steps necessary to prevent harassment from occurring, such as:

  • Affirmatively raising the subject.
  • Expressing strong disapproval.
  • Developing appropriate sanctions.
  • Informing students and employees of their rights and internal and external mechanisms for redress.
  • Developing methods to sensitize all concerned.

310.05 Disciplinary Action

  1. Employees of the College, Research Foundation of SUNY, Brockport Auxiliary Services Corporation, or Brockport Foundation found in violation of this policy shall be subject to formal disciplinary action, as appropriate, which may include reprimand, fine, suspension or termination.
  2. Students found in violation of this policy shall be subject to the campus judicial system.

 

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