Unlawful Harassment: Statement and Definitions
ZERO TOLERANCE
Yeshiva University is committed to maintaining an environment for learning and teaching that is free of unlawful harassment. The University has adopted a policy of zero tolerance with respect to unlawful harassment as being antithetical both to the academic values of the University and the need for a work environment that is free from even the appearance of unlawful harassment or coercion.
Unlawful harassment in any form is a violation of University policy.
UNLAWFUL HARASSMENT
Unlawful harassment includes harassment based on race, religion, color, creed, age, national origin or ancestry, sex, marital status, physical or mental disability, sexual orientation, or any other basis made unlawful by any applicable law, ordinance, or regulation.
Unlawful harassment may be found in a single episode, as well as in persistent behavior. Sexual harassment is a form of unlawful harassment.
Behaviors which may constitute unlawful harassment are:
- epithets
- slurs
- negative stereotyping
- intimidating or hostile acts
- denigrating jokes
- display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group
- failure to provide equal consideration, acknowledgement or access to educational or professional opportunities
SEXUAL HARASSMENT
The Equal Employment Opportunity Commission (EEOC) has developed guidelines that define and describe sexual harassment: "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when:
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic success,
- submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individuals, or
- such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working environment."
Although it may sometimes be unclear where sexual slurs, insults, or even unwelcome sexual jokes actually fall within the definition of sexual harassment, it is clear that such conduct may contribute to a hostile working and learning environment and is unacceptable at Yeshiva University.
In addition to behaviors that may constitute sexual harassment, consensual sexual relationships between two individuals in a supervisory relationship (e.g., faculty members and their trainees or supervisors and their employees) represent inappropriate conduct to the extent that, even though characterized by mutual consent, they may raise ethical concerns because of their potential for sexual exploitation by one of the parties or, because of the possibility that the faculty member or the supervisor's objectivity may be compromised.
Verbal or physical conduct which may constitute sexual harassment may include, but are not limited to:
- verbal comments of an overtly sexual nature, whether in the form of jokes, innuendoes, slurs, or other statements
- the use of sexual teaching materials or comments of a sexual nature not relevant to the material being taught or any other academic purpose
- remarks of a sexual nature about a person's clothing or body
- remarks speculating about sexual orientation, activity or previous sexual experiences
- verbal harassment or abuse of a sexual nature
- failure to provide equal consideration, acknowledgement or access to educational or professional opportunities on the basis of gender
- the display of sexually offensive photographs, drawings, graffiti, computer graphics or programs when sexual content is not justified by an academic purpose
- non-verbal behaviors of a sexually degrading or offensive nature, such as gesturing, leering or staring
- unnecessary or unwanted touching, hugging, or brushing against a person's body
requests, demands or persistent pressure for sexual favors, particularly when accompanied by offer of rewards or threats of retaliation concerning work, grades,
- promotions or tenure
- sexual assault, including rape