Administrative and Professional Handbook

Hiring and Workplace Policies

Affirmative Action/Equal Opportunity Policy

New York University is committed to a policy of equal treatment and opportunity in every aspect of its relations with its faculty and staff members, without regard to age, citizenship status, color, disability, marital or parental status, national origin, race, religion, sex or sexual orientation, or status as a veteran of the Vietnam era. This includes, but is not limited to, recruitment, hiring or appointment, selection for training, transfer, layoff, promotion, granting of tenure, rates of pay and other forms of compensation, and participation in University-sponsored educational, social, and recreational programs.

A full copy of New York University’s Affirmative Action Policy is available for inspection by any employee or applicant for employment. It can be found at Bobst Library (consult BOBCAT for specific location), the Office of Human Resources, 7 East 12th Street, as well as the office of an employee’s Human Resources Officer.

Inquiries concerning the application of the laws and regulations concerning equal employment and educational opportunity at New York University (including Title VI—equal opportunity regardless of race, color or national origin; Section 504—equal opportunity for the disabled; and Title IX—-equal opportunity without regard to gender) may be referred to: The Office of Equal Opportunity, New York University, 70 Washington Square South, Room 1201, New York, New York 10012. Inquiries may also be referred to: The Office of Federal Contract Compliance Programs, U.S. Department of Labor, 26 Federal Plaza, New York, NY 10278.

Employees who believe they have been discriminated against may contact their Human Resources Officers; the Sr. Director of Employee Relations, 7 East 12th Street 998-1242; or the Vice Provost and Coordinator for the Office of Equal Opportunity, Bobst Library, 70 Washington Square South, 998-2370.

Those with complaints may also contact the District Director, Employment Standards Administration, Office of Federal Contract Compliance Programs, 26 Federal Plaza, Room 36-116, New York, New York 10278, (212) 264-7742, or the US Equal Employment Opportunity Commission (EEOC),1801 L Street, N.W., Washington, D.C. 20507, or an EEOC field office by calling toll free (800) 669-EEOC. For individuals with hearing impairments, EEOC’s toll free TDD number is (800) 800-3302.

Anti-Harassment Policy and Complaint Procedures

New York University is committed to maintaining a learning and working environment that is free of bias, prejudice, and harassment - an environment that supports, nurtures, and rewards career and educational advancement on the basis of ability and performance. Harassment based upon race, gender, color, religion, age, national origin, ethnicity, disability, veteran or military status, sexual orientation, marital status, citizenship status, or any other legally protected basis is prohibited by law and undermines the character and purpose of the University. Such harassment is illegal and against University policy, and will not be tolerated.

This policy covers all members of the University community and those who affect the University community such as vendors or visitors. The University encourages everyone to report all incidents of harassment regardless of who the offender may be.

Definition of Prohibited Harassment

Prohibited harassment is conduct based on race, gender, color, religion, age, national origin, ethnicity, disability, veteran or military status, sexual orientation, marital status, citizenship status, or any other legally protected status when:

• submission to or rejection of the conduct is either an explicit or implicit term or condition of employment, basis for participation or advancement in an academic program, or basis for participation in a University activity or benefit; or
• such conduct creates an intimidating, hostile or offensive work, academic or residential environment; or
• such conduct otherwise adversely affects employment or academic opportunities.

Examples of such prohibited conduct when based upon a legally protected status include, but are not limited to:

• Verbal abuse or hostile behavior such as insulting, teasing, mocking, degrading or ridiculing another person or group;
• Unwelcome or inappropriate physical contact, comments, questions, advances, jokes, epithets or demands;
• Physical assault or stalking;
• Displays or electronic transmission of derogatory, demeaning or hostile materials;
• Unwillingness to train, evaluate, assist, or work with an employee, faculty member, or student.

Harassment is unacceptable in the workplace, classroom, student and faculty housing, sports, University facilities, and in other University-related settings, such as study-abroad programs and University-sponsored social functions and events. This behavior violates University policy even when it may not be sufficiently severe or pervasive to constitute a violation of law.

Responsibilities to Report

All members of the University community should report incidents of harassment in order to support the University policy. In order to assure the University is free of prohibited harassment, University officers, deans, department heads, faculty members, directors, and supervisors are required to report all incidents of harassment that they may have witnessed or have been advised of.

The most appropriate recipients of reports are:

• The Office of The Vice President for Student Affairs or the appropriate School's designee if the alleged harasser is a student; (Thomas Grace, 212-998-4403)
• The Human Resources Officer of the appropriate School or Department or The Office of Employee Relations of the Human Resources Division if the alleged harasser is an employee, including a student employee; (School or Department or Human Resources, 212-998-1242)
• The Dean of the appropriate School or Faculty or the Dean's designee if the alleged harasser is a faculty member; or
• The Director of Equal Opportunity if the alleged harasser is a visitor, vendor, or other third-party.

It is not always easy to interpret words or actions that may be ambiguous and one may think are inappropriate. Therefore, the offices noted above are available to discuss the circumstances and address matters before they become severe or pervasive.

If a report is made to any of these offices, and that is not the appropriate office to receive the report, it becomes the responsibility of that office to forward the report to the appropriate office. If any of the persons at these offices is implicated in the harassment, or if a conflict of interest arises, the report should be made to the Director of Equal Opportunity. If that office is implicated, the report should be made to the Provost.

Reporting a Harassment Complaint

All individuals who believe they have been harassed should file a complaint with the appropriate individuals or offices cited above. Verbal complaints should be reduced to writing by either the complainant or the individual who receives the complaint in order to preserve an accurate record. The written complaint should identify the parties involved; describe the harassing behavior; when and where it occurred; and identify by name or description any witnesses.

Complaints should be promptly reported so that appropriate action may be taken in a timely manner. However, the late reporting of complaints may not prevent appropriate remedial action.

Any conduct that may be in violation of this policy will be investigated, regardless of whether a complaint is filed, and appropriate remedial action will be initiated.

Effort shall be made to complete the investigation of a complaint within thirty (30) days of the report of the harassment. Extensions of the time frame may be necessary in some circumstances. The complainant and alleged harasser will be notified of the extension.

Confidentiality
The University will maintain the confidentiality of the complaint to the greatest extent consistent with our goal of conducting a thorough and complete investigation. Effort will be made to safeguard the privacy and rights of all persons involved.

Investigation and Disposition of the Complaint
The investigator will conduct a prompt, thorough and impartial investigation of the complaint in the manner he or she deems necessary. The parties to the complaint will each have an opportunity to be heard during the investigation. The parties will also be informed of the status of the investigation as deemed appropriate. The investigation process is strictly internal to NYU, so the presence of legal counsel or third parties is not permitted at any stage of the process unless otherwise required by law.

If it is determined that a violation of the University's harassment policy has occurred, prompt remedial action shall be taken. The nature of the remedial action and the process for its implementation will depend upon the particular facts and circumstances. If remedial action involves the imposition of sanctions, appropriate disciplinary procedures will be used. Sanctions imposed may be appealed through the appropriate appeals process. The findings and intended actions shall be communicated to the complainant and the alleged harasser.

If it is determined that no violation has occurred, such findings shall be communicated to the complainant and the alleged harasser.

If the results of an investigation show that the complainant knowingly filed false accusations of harassment, or that a witness gave false statements, such individuals will be subject to the appropriate disciplinary action.

Retaliation
The University will take every step necessary to protect the complainant and any witnesses against retaliation for reporting the harassment or for participating in the investigation of a complaint.

Any employee, faculty member, or student who retaliates against an individual who complains of harassment, witnesses harassment, or participates in the investigation of a harassment complaint violates University policy and may be subject to sanctions. Complaints of retaliation should be reported as violations of this policy.

Sexual Assault
Sexual assault is a sexual act against the will and without the consent of the victim or where the victim is incapable of giving consent. This includes conduct that would be considered criminal under the New York State Penal Code. Since the medical, emotional, and legal needs of a sexual assault complainant may differ from those of other harassment complaints, sexual assault victims should, in addition to filing a University complaint, report the assault to the police and pursue counseling and other services available at the University. Students should consult the publication, New York University's Polices and Procedures Concerning Sexual Assault for guidance on medical and counseling services. Faculty members and employees should consult New York University's Work-Life Assistance program at 800-833-8707 for medical and counseling service referrals.

Consensual Relationships
Sexual behavior that is welcome or consensual does not constitute sexual harassment under the law. However, romantic relationships in situations where one individual has greater power or authority over another frequently result in claims of harassment when the relationship ends and a perception of favoritism while the relationship continues. Such relationships are inappropriate. A "consensual" relationship between a professor and his/her student, a supervisor and a subordinate, or a coach and team player are examples of inappropriate relationships. If a consensual relationship occurs, any situation of authority must be discontinued and appropriate action may be taken.

Education
The University supports a complete program for the education of its community with respect to the meaning and implementation of this policy. Training will be scheduled accordingly.

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Preventing Threatening or Violent Behavior in the Workplace

Policy

In order to ensure the safety and security of the workplace, the University strictly prohibits violence or threatening behavior. Anyone who engages in any violence in the workplace or in threats of violence or threatening behavior is subject to disciplinary action, up to and including termination of employment and, in the case of an employee who also is a student at the University, additional student disciplinary action up to and including expulsion. The University may, as it deems appropriate, seek legal sanctions against violators.

Prohibited Behavior

Prohibited behavior includes but is not limited to hitting, shoving, sexual assault, attacks, stalking, verbal or non-verbal threats, electronically communicated threats or threatening behavior, vandalism, arson and possession, use or threatened use of a weapon of any type.

Workplace Security Measures

To fulfill this commitment to a safe work environment for all, the following is University policy:

• Access to the University's property is limited to those with legitimate interest.
• All students, staff and faculty on or in the vicinity of the University's premises must display NYU identification on the request of NYU Protection Department personnel, faculty, administrators or other authorized personnel.
• All visitors must produce and display identification while on the University's premises upon the request of the Protection Department or other authorized personnel.
• The University reserves the right to enter and inspect its property and work areas under appropriate circumstances.

Weapons

The University specifically prohibits the possession of weapons by any employee or student while on, or in the vicinity of, University owned or controlled premises, regardless of whether the owner is licensed to carry such weapon. This ban includes keeping a weapon or transporting it to another location. Employees are also prohibited from carrying a weapon while performing services for the University on or off University premises. Faculty, students, staff and visitors who are licensed to carry a firearm are prohibited from carrying such firearm without the express written permission of the University Protection Services.

Weapons may include but are not limited to guns, knives, explosives, and like or similar items with the potential to inflict physical harm. Included are disarmed weapons and simulated weapons which could reasonably cause apprehension. Appropriate disciplinary action, up to and including termination and expulsion in the case of an employee who also is a student, will be taken against any employee who violates this policy.

Reporting Violence or Threatening Behavior

All employees have the responsibility to report threatening or violent behavior, whether that behavior is exhibited by a member of the University faculty, staff, student body or a visitor. Employees should contact one of the following at once:

• Department Head or Manager
• Human Resources Officer
• Office of Employee Relations in Human Resources X81242

Whichever office receives the complaint first must insure that the other two offices are informed as soon as possible. The HR Officer will notify the Office of Employee Relations and, working with that office, decide what steps are needed to address the problem and what other resources (e.g. Protection Services, Work-Life Assistance, outside authorities) are appropriate to manage the incident.

In an emergency where you believe someone to be in imminent danger, contact 911 at once and then notify the Protection Department at ext. 82222.

The Role of NYU's Employee Assistance Program:

In the event of a major workplace incident that affects or has the potential to affect the mental health of University employees, the University provides initial counseling and support services through the Employee Assistance Program. This service is available to employees and their immediate family members.

Preventing Violence

All employees have responsibility for reporting any violent or threatening behavior to a supervisor or HR Officer at once. The University also encourages employees to enroll in courses offered by the Human Resources Division that help them to learn about working with each other, such as courses covering: communication, problem solving, building effective working relationships, stress management and other related topics.

Role of the Supervisor

Supervisors in particular have the responsibility to learn to recognize the early signs of hostile, potentially threatening behavior and to take appropriate preventive action. Ignoring early signs can be mistaken as approval of the behavior and can lead to escalation.

Below are signs that may indicate potential for violence:

• Frequent, angry outbursts; difficulty controlling temper.
• Expression by the employee that others are out to get him or take his job; chronically disgruntled.
• Recent isolation of employee from co-workers; unusually poor social skills.
• Rash, impulsive behavior without apparent forethought.
• Acute sensitivity to criticism; blaming others when things go wrong.
• Bragging about past acts of violence; fascination with firearms or violence.
• Impaired judgement and performance; mood swings.
• Acutely hostile reaction to discipline or employment termination.

Supervisors are not expected to be expert in detecting the potential for violence and should contact the Employee Relations Department of Human Resources.

Supervisory Training

Supervisors should participate in training programs such as Preventing and Resolving Work Performance Problems, Preventing and Resolving Sexual Harassment Problems, Dealing with Hostile Behavior, Frontline Leadership.

NYU's Employee Assistance Program

NYU recognizes that the success of the University as a leading edge academic institution is critically linked to the physical health and total well being of the faculty, employees and their family members who support the endeavor. Carebridge Life Resources, NYU's Employee Assistance Program (EAP), can provide support for personal and family problems common in contemporary life. These confidential services are provided at no cost to you or your family members, and are just a toll-free phone call away. For more information about Carebridge, click here

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Employment of Members of the Same Family/Household

The University encourages you to recommend friends and relatives for jobs within NYU. However, the following conditions apply:

• Members of the same immediate family, or of the same household, cannot work in the same department without prior approval from the Sr. Vice President for Operations and Administration.
• A supervisor/employee relationship between members of the same family or household may not exist at the time of hire or at any time thereafter.
• One member of a family or household may not make decisions or recommendations concerning the conditions of employment, salary, or promotion of another member of the same family or household.

Employment restrictions regarding members of the same family apply equally to those whose living arrangements approximate family arrangements.

Smoking Policy

Consistent with the University’s responsibilities under the New York City Smoke Free Air Act, as amended, and New York State Public Health Law Article 13-E, smoking is prohibited in all University buildings including private offices.

Conflicts among employees should be brought to the attention of appropriate supervisory personnel and, if necessary, referred to the Office of the Assistant Vice President for Human Resources. Conflicts among students should be referred to the Assistant Vice President for Student Life.

In accordance with the law, any individual can voice objections to smoke that gathers in any smoke-free area without fear of retaliation.

Policy on Solicitation

The solicitation of New York University employees for any purpose (raffles, sales of merchandise, solicitation for membership or support of social, community, labor, or other organizations, etc.) is not permitted during the work time of the person being solicited or the solicitor.

Literature relating to the above activities may not be distributed in work areas. Employees may not use University communication facilities (mail, telephone, supplies, or equipment) for other than NYU business purposes. Salespersons, advertising distributors, and all other non-employees are prohibited from soliciting or distributing literature in any NYU building at any time.

These rules are necessary to minimize intrusions into the privacy of employees, as well as to prevent the unwarranted disruption of normal work activity. Employees engaging in prohibited activity, including solicitations which disrupt their own or other employees’ work assignments, are subject to disciplinary action.

Substance Abuse and Alcoholic Beverages

New York University is committed to providing preventive education to the University community about the dangers of drug and alcohol abuse, and compassionate attention to the needs of those who may require help with problems related to substance abuse. To this end, the University provides on-campus support programs, seminars, and services as well as information about related services that are available in the local community. Some of these programs and services are listed at the end of this section. Full details are given in a publication distributed annually to employees by the Human Resources Division, Substance Abuse and Alcoholic Beverages.

Substance Abuse

In addition to emphasizing concern for the welfare of individuals, the University also recognizes the importance of maintaining the safety and well-being of the community as a whole. The University, therefore, adheres to the following guidelines concerning the unlawful possession, use, and distribution of drugs:
1. The unlawful possession, use, or distribution of drugs will not be tolerated on University premises.
2. Upon finding evidence of the unlawful possession, use, or distribution of drugs on its premises by any employee, the University will take appropriate disciplinary action, up to and including termination of employment.

In addition to University sanctions, employees may be subject to criminal prosecution under federal and state laws that specify fines or imprisonment for conviction of drug-related offenses. Where appropriate or necessary, the University will cooperate fully with law enforcement agencies.

Alcoholic Beverages

The sale, service, possession, and consumption of alcoholic beverages at New York University is governed by the New York State Alcoholic Beverage Control Law and other laws of the State of New York. Employees may be subject to criminal penalties under certain circumstances for the possession, service, or sale of alcoholic beverages, particularly for serving or selling an alcoholic beverage to a person under the age of 21 years, to a person who is inebriated, or to a problem drinker.

In addition, specific policies, procedures, and regulations governing particular facilities or populations have been developed by the persons or offices authorized to do so. These are distributed annually by the Human Resources Division in the publication Substance Abuse and Alcoholic Beverages. Violation of these policies will be punished pursuant to applicable University disciplinary codes and policies. Sanctions up to and including termination of employment may be assessed against employees who violate these policies.

Counseling and Other Programs

A network of services are available through New York University and New York City to help people with problems stemming from the use or abuse of alcohol or drugs. The following programs and services at NYU are voluntary and completely confidential.

Programs Available at the NYU Campus
University Health Center 443-1000

Note: For information on treatment facilities in New York City refer to your copy of Substance Abuse and Alcoholic Beverages or call one of the numbers above. If you have any questions about these programs, or to obtain a full policy statement on the issues of substance abuse and use of alcoholic beverages at NYU contact the Office of Employee Relations.

Limited coverage for treatment of drug and alcohol addiction may be available to employees enrolled in the University Medical Plans. Consult the Benefits Office for details.

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Inclement Weather and Other Emergencies

The University expects to remain open and in full operation regardless of weather conditions, transportation disruptions or other emergencies.Therefore, all employees are expected to make every reasonable effort to report to work during such conditions.

On rare occasions, weather or other extreme emergencies may cause the University to curtail operations, delay opening or close entirely. Such a determination is made by the President’s Office with guidance from the University’s emergency response team; a determination should not be made on an ad hoc, department-by-department basis.

Once a decision is made, the University will make its operating status clear in the following ways:

1. NYU’s Info Alert web page www.nyu.edu/info.alert (usually there will be a link from the NYU homepage in such circumstances, www.nyu.edu )
2. Information Hot-Line: (212) 998-1220

In addition, whenever possible, the Office of the Assistant Vice President for Human Resources will notify HR officers of the operational status of the workplace.

Non-essential personnel:

If the University makes the decision to close operations for the day, non-essential personnel will be excused with pay, provided they were originally scheduled to work that day.

Essential personnel:

In an emergency, even if the University is closed, some functions require the onsite presence of essential personnel to insure continued safe and secure operations. Essential personnel are expected to remain at, or report to, work as scheduled during emergency situations or University closures unless specifically directed otherwise by the unit supervisor.

Department heads should, in consultation with HR Officers, establish what services and personnel are essential beforehand and make expectations for reporting and communicating clear. Depending on the nature of the situation, other personnel may be deemed essential at the time of an emergency.

Failure of essential personnel to report to work as required may be cause for disciplinary action.