Policy Against Harassment In Employment Practices and in Student Academic and Campus Life
Barnard College is guided by the precept that in no aspect of its employment practices or educational programs should there be disparate treatment of persons because of improper considerations of race, creed, color, national origin, religion, age, sex, sexual orientation, or disability. This principle is to be observed in employment of faculty, staff, and students; in the admission, housing and education of students; and in policies governing College extracurricular programs.
While Barnard College has long had an express policy against improper discrimination, it is to be understood the policy also explicitly encompasses the goal that faculty, staff and students are to be able to work and study free from harassment by peers, co-workers, students, supervisors or teachers, or third parties. Barnard College does not tolerate actions and words that a reasonable person would regard as harassing or coercive. Appropriate disciplinary action may be taken against those found to have committed harassment, up to and including dismissal.
What is Harassment?
Harassment is any conduct, verbal or physical, on or off campus, that has the intent or effect of unreasonably interfering with an individual or group's educational or work performance or that creates an intimidating, hostile, or offensive educational, work, or living environment.
Harassment on the basis of race, color, gender, disability, religion, national origin, sexual orientation, or age includes harassment of an individual in terms of a stereotyped group characteristic, or because of that person's identification with a particular group.
What is Sexual Harassment?
Sexual harassment is a particular type of harassment and may take many forms. Sexual assault and requests for sexual favors that affect educational or employment decisions constitute sexual harassment. Sexual harassment may also consist of unwanted physical contact, requests for sexual favors, visual displays of degrading sexual images, sexually suggestive conduct, or remarks of a sexual nature. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute s sexual harassment when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or admission to or participation in an academic program or College-sponsored activity; or
2. Submission to or rejection of such conduct is used as the basis for decisions affecting an individual's employment status or academic standing; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's performance on the job or in the classroom; or
4. Such conduct has the purpose or effect of creating an intimidating, hostile, or offensive work or study environment for an individual or group of individuals.
Sexual harassment may involve women being harassed by men, men being harassed by women, harassment between persons of the same sex, and harassment because of one's sexual orientation.
What about alleged Consensual Relationships and Sexual Harassment?
The U.S. Department of Justice has issued regulations governing sexual harassment of students by faculty members, administrators, staff members, and fellow students. The issue of consensual relationships between students and faculty, administrators and other school employees is specifically addressed by these regulations, which make clear that the actual or apparent authority that these employees may have over a student is a strong factor in finding that certain types of conduct constitute sexual harassment. This can be so even if a student has accepted the conduct, does not show signs of being harassed, or fails to file a complaint of harassment.
Consistent with these regulations and the College's policy on sexual harassment, consensual relationships are deemed sexual harassment when they are found to compromise the educational mission of the College. Complaints of sexual harassment of students, including alleged consensual relationships, will be carefully evaluated in the context of the unique relationship and responsibility that faculty, administrators and other College employees have to students.
How is the Concept of Academic Freedom Related to Harassment ?
Under the College's Code of Academic Freedom and Tenure "all officers of instruction and all officers of administration while giving instruction are entitled to freedom in the classroom in discussing their subjects and . . . they are entitled to freedom in research and in the publication of its results." Similarly, students are encouraged to openly express their views and opinions. While not all conduct can be shielded by claims of academic freedom or freedom of expression, the College is committed to encouraging meaningful, candid discussion in the classroom and in other academic settings and recognizes that there can be a tension between the need for frank and open discussion and the right of individuals to be free from injury caused by harassment. Harassment must be distinguished from behavior that, even though unpleasant or disconcerting, is appropriate to the carrying out of certain instructional, advisory, or supervisory responsibilities. Instructional responsibilities require appropriate latitude for pedagogical decisions concerning the topics discussed and methods used to draw students into discussion and full participation. Therefore, in determining whether alleged conduct constitutes harassment, it is necessary to examine all of the relevant information available, including the nature of the conduct and the context in which the alleged incidents occurred.
Who May Bring a Complaint of Harassment?
A complaint alleging harassment may be brought by any member of the College community. Note that the person bringing the complaint need not be the intended or even apparent target of the conduct that is alleged to be harassment. Complaints may also be brought by individuals who are not members of the community, but who believe that harassment may have occurred.
In certain instances, the College may investigate allegations of harassment based on information received from individuals within or outside the College community, or from other sources, such as newspaper accounts or anonymous letters or phone calls. However, before any such action will be taken, the College will carefully consider the source and nature of the information received; the specificity of the information; the objectivity and credibility of the source of the report; whether it can identify individuals who were subjected to the alleged harassment; and whether those individuals want to pursue the matter.
What to Do if You Believe You Have Been Subject to Harassment or Discrimination?
Individuals who believe they have been victims of harassment may initiate a complaint through a supervisor, department head, Dean, Director, the Provost, the Dean of the College, a Vice President, or the Director of Human Resources. Students may also initiate a complaint of harassment to their class Dean. A third-party complaint made by an individual outside the College community against a member of the Barnard faculty, received by anyone in the Barnard Community shall be referred by the recipient of the complaint to the Provost.
There are different grievance procedures used to adjudicate allegations of harassment, depending on whether the person against whom a complaint is made is a student, administrator, faculty member or unionized employee. The responsibility for the enforcement of these policies and procedures is designated as follows:
For complaints against a: |
The responsible College official is: |
The applicable grievance procedure is: |
| Faculty member |
Provost |
General Grievance Procedure and/or Code of Academic Freedom and Tenure |
| Administrative employee |
Director of Human Resources or area Vice President |
General Grievance Procedure |
| Student |
Dean for Student Development or Dean of the College |
General Grievance Procedure |
| Unionized Employee |
Director of Human Resources |
Collective Bargaining Agreements |
Can I be Penalized for Bringing a Complaint of Harassment?
No one at the College may take any adverse action in any way against a person who makes in good faith a claim of harassment. Any person who knowingly files a false claim of harassment will be subject to the appropriate disciplinary process.
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