SUNY University-Wide Human Resources Manual
Orientation -Harassment

last updated: Thursday, July 1, 2004

SUNY and its campuses have a "zero tolerance" policy with regard to all forms of harassment. In order for the academic community to flourish, members of the community must embrace diversity and be supportive of academic freedom, creativity, professional achievement, and personal development. All members of the community must be free from coercion, intimidation, and exploitation as they pursue their goals. Harassment in any form is contrary to this policy and to the mission of SUNY and its campuses. Individuals who harass others have no place in the SUNY academic community and campuses will seek expulsion or termination of those who are guilty of such acts by initiating the appropriate disciplinary procedure.

The following information relates specifically to sexual harassment but it is also instructional for dealing with all forms of harassment.

Sexual harassment is defined as:

Unwelcome sexual advances, request 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 education;
2. submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individuals;
3. such conduct has the purpose or effect of substantially interfering with an individual's welfare, academic or work performance, or creating an intimating, hostile or demeaning learning or work environment.

Although the majority of sexual harassment incidents involve a man harassing a woman, the law also applies to women harassing men, women harassing women, and men harassing men.

Sexual Harassment may include:

1. subtle persistent pressure for sexual activity;
2. unnecessary touching, pinching, brushing against a person;
3. sexual coercion or assault;
4. demanding sexual favors with implied or overt threats concerning work or academic decisions or preferential treatment; and/or
5. unwelcome verbal/expressive behavior of a sexual nature (e.g., jokes, sounds obscene phone calls, demeaning graphic portrayals.)

Sexual Harassment is a violation of the law and of SUNY policy

Harassment on the basis of sex is a violation of New York State law and the federal Civil Rights Act. The Governor's Office has reaffirmed the law for State employees and the SUNY Board of Trustees has affirmed the right of all students and staff to be free from sexual harassment.

What you can do if you feel your are being subjected to sexual harassment

• Say NO. Say it firmly, without smiling, without making an apology.
• Keep a diary or log. . Write down what is happening to you. Include direct quotes, any witnesses, or patterns to the harassment.
• Save any letters, cards, or notes sent to you.
• Keep both the log and the notes in a secure place, preferably at home.
• Deal with the situation immediately--ignoring it will not make it go away. Indeed, it may worsen.
• Talk to the person involved, if you feel you can. Explain why you are offended. Sometimes that is sufficient to clear the air. You may want to bring someone with you for support. Ask: "How do you think your wife or daughter would like being treated like this?
• Tell the harasser: "That sounds like sexual harassment."
• Write a letter to the person, especially if you feel direct confrontation is not possible or has not worked. If the person does not stop his/her behavior, you have a copy of your letter for further action. You should include: a short statement of the situation as you see it; a description of your feelings and the damage that has been done; a short statement of behavior you would like to see.

SUNY campuses have identified officers who can assist employees and students who feel that they are being harassed. Often these officers are located in the campus Affirmative Action Office or the Human Resources Office. If not, these offices can direct individuals to the appropriate officer to hear and review the complaint. Such complaints are taken seriously by the campuses and they will be diligent in their efforts to eliminate harassing behavior in any form from their environments.

Reference(s):

NYS Policy on Sexual Harassment in the Workplace - Executive Order #19 - GOER
http://www.goer.state.ny.us/MC/handbook/appdxg.html

Sexual Harassment on-line training from the Governor's Office of Employee Relations (GOER)
http://www.goer.state.ny.us/train/onlinelearning/SH/intro.html