Policy Author:
Student Affairs
Responsible Office/Department:
Student Affairs
Effective Date of policy:
August 18, 2022
Policy Narrative
It is the policy of Daemen University, in accordance with federal and state laws including, but not limited to, Title IX of the Education Amendments of 1972, the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the New York State Human Rights Law, not to discriminate on the basis of sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law against any person with respect to employment, admission to the University, or in participation in any University program or activity. Also in accordance with these laws, it is the policy of the University to prohibit harassment of any student, employee or applicant on the basis of the statuses outlined above. All complaints alleging a violation of this policy will be investigated and appropriate remedies will be instituted.
It is the policy of Daemen University not to discriminate on the basis of sex, including sexual harassment, in its educational programs, activities or employment policies as required by Title IX of the Education Amendments of 1972, Equal Employment Opportunity Commission regulations, and other applicable antidiscrimination laws.
Sexual Harassment
Sex discrimination in the form of harassment on the basis of sex includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when: a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education status; or b) submission to or rejection of such conduct by an individual is used as the basis for educational or employment decisions affecting such individuals; or c) such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive working or educational environment. Daemen University will take all steps necessary to prevent such discrimination and effectively address incidents of unlawful harassment, including the imposition of appropriate sanctions. As examples, the following kinds of conduct, as well as others with a similar harassing effect, are absolutely prohibited if such conduct falls within the definition stated above:
- Abusing an employee or student through insulting or degrading sexual remarks, jokes, innuendoes, or other sexually oriented conduct (including, among other things, graphic or descriptive comments relating to an individual’s body or physical appearance, sexually oriented teasing or pranks, improper suggestions, objects or pictures, or unwanted physical contact); or
- Threats, demands or suggestions that an employee’s or student’s status depends in any way upon tolerating or accepting sexual advances or sexually oriented conduct.
- Sexual violence, defined as physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s age, use of drugs or alcohol, or intellectual or other disability.
Any harassment of Daemen University employees, students, or applicants, or third parties (such as participants in University sponsored events) in violation of these rules is absolutely prohibited and will not be tolerated. Interim protective measures may be made while a complaint is investigated. Both complainant and respondent shall be treated equitably throughout the investigation.
Conduct that occurs off campus, including but not limited to that perpetrated electronically, by social networking or email, is also subject to investigation and an appropriate response under the Policy to the extent that such conduct contributes to a sexually hostile environment on campus.
Sexual harassment is illegal under both state and federal law. Inquiries regarding compliance with Title IX and New York State law 129-B may be directed to the Title IX Coordinator and Chief Diversity Office, Tiffany Hamilton (716-839-8249), who also serves as the University’s Equal Opportunity Officer.
Other Forms of Harassment
Harassment is defined as verbal or physical conduct which denigrates or shows hostility or aversion to an individual, or that of a persons’ relatives, friends, or associates, because of the person’s sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law and which:
- Has the purpose or effect of creating an intimidating, hostile, or offensive working or educational environment; or
- Has the purpose or effect of unreasonably interfering with an individual’s performance; or
- Otherwise adversely affects an individual’s employment or educational opportunities.
As examples, the following kinds of conduct, or others with similar harassing effect, are absolutely prohibited if such conduct falls within the definition stated above:
- Abusing an employee or student through epithets, slurs, negative stereotyping, or threatening, intimidating or hostile acts (even if claimed to be “jokes” or “pranks”) which relate to sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law; and
- Written or graphic material which denigrates or shows hostility or aversion toward an individual or group because of sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law.
Any harassment of Daemen University employees, students, or applicants in violation of these rules is absolutely prohibited and will not be tolerated.
Non-Consensual Media Sharing
Non-consensual media sharing or “Revenge Porn” is the non-consensual sharing or publication of an intimate image that was taken and/or shared with the assumption that the image would remain private, with the intent to cause harm to the emotional, financial, or physical welfare of another person.
“Revenge Porn” is illegal under New York State bill S.1719-C, and a violation of the Student Code of Conduct. Students, Faculty and Staff have the right to file a complaint with the Division of Student Affairs (for students) or with the Office of Employee Engagement (for faculty and staff). All complaints alleging a violation of this policy will be investigated and appropriate remedies will be instituted.
Retaliation
Retaliation against employees, students, third parties (such as participants in University sponsored events) or applicants for exercising their rights under this policy is also strictly prohibited and will not be tolerated. This includes retaliation against employees, students, third parties (such as participants in University sponsored events) or applicants for inquiring about their rights, or for making an honest complaint of a violation or possible violation, or for truthfully assisting in a complaint investigation. Claims of retaliation should be reported to the Chief Diversity Officer (Tiffany Hamilton, Duns Scotus, Room 118, 716-839-8249), who is the University’s Equal Opportunity Officer and the Title IX Coordinator, as applicable.
Any employee or student who feels as though someone has subjected him or her to retaliation as a result of a report or participation into the investigation of a report should contact the University’s Chief Diversity Officer/Title IX Coordinator (identified above) or other senior officer immediately.
No One Has Authority to Violate This Policy
Under no circumstances does a faculty member, administrator, trustee, employee, vendor, sub-contractor, or student of the University have any authority whatsoever to engage in discriminatory, harassing, or retaliating conduct in violation of this policy. If anyone claims to have such authority, or if an employee, student, third party (such as participants in University sponsored events), or applicant has a question about whether objectionable conduct is authorized by the University, the University’s EEO (Director of Diversity and Inclusion, 716-839-7699, DS 115), should be contacted.
Academic Freedom
As an institution of higher education, Daemen University, its employees and students also must be aware of the need for freedom of inquiry and openness of discussion in its educational and research programs, and must strive to create and maintain an atmosphere of intellectual seriousness and mutual tolerance in which these essential features of academic life can thrive. No university can or should guarantee that every idea expressed in its classrooms or laboratories will be inoffensive to all; pursued seriously, education and scholarship necessarily entail raising questions about received opinions and conventional interpretations. Daemen University does guarantee, however, that credible accusations of inappropriate remarks or conduct that may violate the University policy prohibiting discrimination and harassment will be investigated promptly, thoroughly, and fairly.
Complaints
Individuals with complaints of discriminatory harassment may also have the right to file a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education. An employee may also have the right to file a charge with the United States Equal Employment Opportunity Commission (“EEOC”), the Office of Civil Rights (“OCR”), or the New York Division of Human Rights (“SDHR”). A charge should be filed with the EEOC within 300 days of the most recent date that the unlawful conduct occurred, or if filed with the OCR, within 180 days, or if filed with the SDHR, within one (1) year.
No one should allow conduct that may violate this Policy to continue unreported. It is extremely important that this be reported so that the University can act to stop such conduct at the earliest possible time. Daemen University provides training for employees on recognizing and preventing harassment, including sexual harassment: all employees are expected to participate in such training.
Purpose for Policy
To create and maintain an equitable environment where students have the optimal opportunity to succeed academically, personally, and professionally and where any and all Daemen University Community members feel safe, valued, and respected.
This policy’s virtual location ishttps://www.daemen.edu/student-life/student-affairs/student-handbook/section-5-general-university-policies