BIAS, HARASSMENT AND DISCRIMINATION

Harassment, Assault and Other Forms of Sexual Misconduct:

Sexual assault and harassment are forms of gender-based harassment that is prohibited by Title IX of the Educational Amendments of 1972; Title VII of the Civil Rights Acts of 1964 and 1990; and the New York State and New York City Human Rights Laws. Sexual assault and sexual harassment can occur between persons of the same or opposite gender and may include, but is not limited to, actions such as rape, stalking, unwanted touching, other unwanted verbal or physical conduct, and adverse conduct based on a person’s sexual orientation.  Given the sensitive nature of this type of conduct, all reports of such incidents/behavior (including all forms of sexual misconduct) will be addressed in accordance with the policies and procedures. 

Related University and Public Policies:

• NYU Anti-Harassment Policy
• NYU Policy on Sexual Assault
• Notice to New York University Students - Sexual Assault and Bias-Related Crime Prevention on Campus
• New York City Alliance Against Sexual Assault

Bias and Discrimination:

Any member of the University community who engages in an act of intolerance directed at an individual, or a group of individuals, on the basis of the actual or perceived race, color, gender, national origin, age, sex or sexual orientation, religion, disability, or marital or parental status of the person/s will be held accountable for violating the social integrity of the University community and the specific policies which underscore those values.  Bias-related conduct is prohibited not only by University policies but also by laws that include, but are not limited to, Title VI of the Civil Rights Act of 1964; Title IX of the Educational Amendments of 1972; Title VII; the Americans with Disabilities Act of 1990; Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1988; and the New York State and New York City Human Rights Laws. Given the sensitive nature of this type of conduct, all reports of such incidents/behavior (including all forms of discrimination and bias) will be addressed in accordance with the policies and procedures. 

Related University and Public Policies:

• NYU Anti-Harassment Policy
  
• Notice to New York University Students - Sexual Assault and Bias-Related Crime Prevention on Campus
• Title VI
• Title IX
• Section 504 of the Rehabilitation Act of 1974
• Americans with Disabilities Act
• Executive Order 12250 and Civil Rights Restoration Act of 1987
• New York State Human Rights Law
• New York City Human Rights Law
• NYU Affirmative Action and Equal Opportunity Policy
• NYU HIV/AIDS Policy

Reporting a Bias, Harassment or Discrimination Incident:

All members of the University community should report incidents of harassment in order to support the University policy, to obtain assistance, and to assure that the University is free of all forms of harassment, bias, and discrimination. 

1. In the event of an emergency, call 911 for Emergency Medical Services and/or to alert the New York City Police Department.


2. To seek public safety or law enforcement assistance:  If you are the victim of a sexual assault or bias-related incident, or a witness to such an incident, and are concerned about your own safety and security or that of other members of the University community, you immediately should report the matter to:
   • The New York University Department of Public Safety
     14 Washington Place
     212-998-2222
     
3. To report any type of bias or harassment incident, to obtain general information, to seek advice or referral information, or if you are unsure about where to seek assistance, you may contact:
• Thomas Grace
  Director of Judicial Affairs at
  212-998-4403
  
4. If the incident occurred in the Residence Halls, contact:
• Craig Jolley
  Director for Residential Education Administration
  212-443-4872
5. If the incident occurred in an academic setting (e.g. a class, internship, or a study/project group) or if the alleged perpetrator is a faculty member please contact:
• the Student Affairs Dean of the School in which you are enrolled.  If you are unsure of whom to contact in your school, a listing of the contact person for each respective school is available at: http://www.nyu.edu/eo/

Resolving a Bias, Harassment or Discrimination Matter:

The procedures by which all reports of incidents of bias or harassment are to be resolved are set forth in the University Anti-Harassment Policy and Complaint Procedures which may be accessed at: http://www.nyu.edu/eo/.  A summary of the manner in which a reported incident will be resolved is as follows:  

1. Within each administrative unit at the University, there is a trained investigator who will act to address and resolve the incident of bias, discrimination or harassment.
2. The investigator will conduct a prompt, thorough and impartial investigation of the complaint in the manner he or she deems necessary.
3. The parties to the complaint will each have an opportunity to be heard during the investigation.   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 anti-harassment process unless otherwise required by law (or allowed by University policy during a subsequent disciplinary resolution phase).
4. Disposition of the complaint:  Based upon the results of the investigation, the complaint may be resolved through one of the following courses of action:   
   • Dismissal:  If it is determined that no violation has occurred, such findings shall be communicated to the complainant and the alleged harasser.
   • Resolution:  If it is determined that there is sufficient evidence to conclude that a violation of the University's anti-harassment policy has occurred, or is more likely than not to have 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. 
     • Informal Resolution:  In some cases, at the discretion of the investigator and with the consent of the alleged harasser, the complaint may be resolved informally in a manner to be determined by the investigator.  The complainant will be notified that the matter has been resolved informally and provided with specific details of the resolution only to the extent that such notification is necessary to implement the terms of the resolution.
     • Disciplinary Resolution: If an informal resolution cannot be reached or if the investigator, at his/her discretion, deems such a resolution to be precluded by the circumstances of the precipitating incident/s, the matter will be referred to the appropriate disciplinary venue (depending on the status of the alleged harasser).  The manner by which the complaint will be addressed, the role of the complainant and the alleged harasser in the process, the right of the alleged harasser and the complainant to be represented by counsel, the nature of disciplinary sanctions that may be imposed, and the extent to which the outcome of the disciplinary process may be communicated to the alleged harasser and the complainant will be in accordance with the policies and procedures associated with the particular venue.   Sanctions imposed may be appealed through the applicable appeals process depending on the status of the accused.

5. The parties may be informed of the status of the investigation, as deemed appropriate, in accordance with the aforementioned procedures.
6. 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.

This information presented on this site is intended to provide readers with a summary of the related University policies and procedures and should not be construed to serve as a substitute for the actual regulations.  Readers are advised to consult the online edition of the 2007-2008 Student's Guide to NYU to read the official University policies regarding the judicial process.