Policy Against Unlawful Harassment
Unlawful harassment is a kind of discrimination based on a person’s protected status as set forth in our EEOC policy and is prohibited. Please see our EEO and Non-Discrimination Policy, incorporated here (http://huc.edu/equity-inclusion/equal-opportunity-and-non-discrimination). Also, see our Sexual Misconduct and Internal Personal Violence Policy (http://huc.edu/equity-inclusion/what-our-policy).
Harassment Prohibited
Sexual Harassment Defined (“Quid Pro Quo”)
No one who supervises or otherwise exercises control over the terms and conditions of an individual’s employment or academic status shall threaten or insinuate either explicitly or implicitly that refusal to submit to sexual advances will adversely affect them with regard to a term or condition of employment or education or that submission to such advances will positively affect the individual with respect to a term or condition of employment or education.
Sexual and Other Prohibited Harassment Defined (“Hostile Environment”)
Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature may constitute sexual harassment when such conduct has the purpose or effect of substantially interfering with an individual’s work or academic performance or creating an intimidating, hostile or offensive working or academic environment.
This definition applies to all legally protected statuses, not just sex, including but not limited to, race, color, national origin, ethnicity, religion, disability, age, sexual orientation, gender identity or expression and pregnancy.
Any unwelcome verbal or physical conduct, whether committed by a peer or someone with control over an individual’s employment or education, may be viewed as harassment where such conduct is because of a protected status and has the purpose or effect of substantially interfering with an individual’s work or academic performance or creating an intimidating, hostile or offensive working or academic environment.
It is important to know that inappropriate communications or conduct may be reason for intervention and discipline whether or not they are actually “harassing” as a matter of law. We cannot list all examples of poor judgment or unprofessional conduct that are prohibited. However, the following examples will serve to illustrate the kind of speech or behavior we do not want in our academic or work environments. Prohibited conduct, whether or not unlawful, includes such things as:
- Subtle pressure for sexual activity
- Squeezing, rubbing, pinching or other forms of unwanted physical contact
- Degrading words, jokes or innuendos based on a protected status
- Sexually, ethnically, or racially suggestive or demeaning objects or pictures, video, or audio recordings, electronic (including e-mail) or written communications
- Suggestive or insulting sounds or whistles; obscene phone calls; sexting
- Epithets, slurs, negative stereotyping
- Threatening, intimidating or hostile acts relating to any legally protected class
- Pornography
- Written or graphic material that degrades or demeans an individual or group of individuals because of their protected status.
The College-Institute adheres to the principles and traditions of academic freedom and recognizes that these freedoms must be in balance with the rights of others, including the right of individuals not to be unlawfully harassed. It is understood that the principles of academic freedom permit topics of all types, including those with sexual content, to be part of courses, lectures, and other academic pursuits. Materials with sexual or other potentially controversial content that are used or displayed in an educational setting should be related to educational purposes.
Consensual Relations
Consensual sexual or romantic relationships between individuals, one of whom exerts institutional control or influence over the terms and conditions of the other’s employment or education, while not unlawful, are problematic. Such relationships threaten the integrity and trust needed in professional relationships and increase the potential for coercion of those in subordinate positions. Consensual romantic and sexual relationships between those of unequal authority and influence may, and often do, lead to harm.
- Such relationships can be detrimental to the employment and/or educational process due to the creation of dual roles and may undermine the integrity of the supervision and evaluation provided.
- Such sexual relationships may lead to or are often perceived by fellow students or coworkers as opportunities for favoritism and biased treatment.
- If a charge of sexual harassment is subsequently lodged, it may be exceedingly difficult to prove mutual consent. Such relationships between peers will not be cause for intervention absent detriment or disruption to the College-Institute. However, consensual may change to non- consensual. That change, if it occurs, is to be immediately respected and accepted. If not, then the individual who has withdrawn consent, is to immediately report under this Policy.
The College-Institute is committed to protecting the academic freedom and freedom of expression of all members of its community and respects the privacy rights of individuals. However, both are subject to intervention when it causes disruption or other harm to the working or academic environment.
Therefore, it is the College-Institute’s policy that romantic or sexual relationships between an individual and one over whom s/he exerts control with respect to the terms and conditions of employment or education is prohibited. In the event that a consensual relationship preexists a subsequently developed relationship of unequal influence or authority, the specific circumstances will be reviewed on a case-by-case basis to determine whether an exception to this provision is warranted with the development of appropriate safeguards.
Abusive Conduct
Abusive Conduct is also prohibited. Abusive Conduct, for purposes of this policy, means conduct of a member of the College-Institute community in the workplace or academic environment, with malice, that a reasonable person would find hostile, offensive and unrelated to the College-Institute’s legitimate business or academic interests. Abusive Conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating or humiliating, or the gratuitous sabotage or undermining of a person’s work or academic performance. A single act shall not constitute Abusive Conduct, unless especially severe and egregious, but may nonetheless require appropriate corrective action.