Harassment

Harassment on the Basis of Protected Characteristic(s) other than Sex/Gender

Harassment based on sex, race, color, age, religion, or national origin (including an individual's ancestry, country of origin, or that of the individual's family members, or ancestors), disability, sexual orientation or other protected characteristics may be oral, written, graphic or physical conduct relating to an individual's protected characteristics that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the educational institution's programs or activities, or terms, conditions or status of employment.

Sexual Harassment

SUNY Upstate is committed to maintaining an environment that is free from unlawful sexual harassment. Inappropriate and disrespectful conduct and communication of a sexual nature will not be tolerated. Sexual harassment is a form of sex discrimination. It is a violation of federal law under Title VII of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendment of 1972; New York State Human Rights Law; and Executive Order 11246. In addition, New York State Executive orders require State agencies to prohibit sexual harassment in the workplace.

Sexual Harassment in the Educational setting is defined as: Unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment of a student denies or limits, on the basis of gender, the student's ability to participate in or to receive benefits, services, or opportunities in the educational institution's program.

Federal law prohibits adverse actions against any individual who opposes sexual harassment, files a complaint, or assists or participates in any manner in an investigation, proceeding, or hearing. Individuals who perceive a situation as sexual harassment should call the Office of Diversity and Inclusion at (315) 464-5234 to arrange an appointment to discuss their concerns. In accordance with existing policies and laws, every effort will be made to protect the privacy of all individuals throughout all phases of the complaint process. Information about complaints will be maintained in confidence to the fullest extent possible.

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Retaliation

An employee or student who participates in the procedure has the right to do so without fear of retaliation. It will be made clear that retaliation against an employee, a student or a witness who has filed a discrimination complaint will result in appropriate sanctions or other disciplinary action as covered by collective bargaining agreements, and/or applicable University policies.