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Responsible Executive: VP Administration
Review Cycle: Annual. May 2026.
References: CPCO-01; HR 1.0, HR 1.3

Purpose and Scope

All employees and covered individuals including nonemployees have the opportunity to report any harassment, discrimination, or behaviors that appear to violate College policies.

Policy Statement

The College has established reporting options for both College employees and non-employees for reporting harassment, sexual harassment, discrimination and/or retaliation. All employees and covered individuals are encouraged to report any harassment, discrimination or behaviors that appear to violate College policies. Reports of sexual harassment may be made verbally or in writing. This policy statement accompanies, and should be read together with, the College’s Sexual Harassment Awareness and Prevention policy.

Reporting Harassment, Sexual Harassment, Discrimination or Retaliation

Any employee or covered individual is encouraged to report harassing or discriminatory behavior to their immediate supervisor, Department Head, the Vice President of Human Resources or any member of the Office of Human Resources, the Title IX Coordinator, or a member of the Executive Council. This includes anyone who witnesses or becomes aware of potential instances of harassment, discrimination or behaviors that violate this policy.

An employee or covered individual who prefers not to report harassment to the College may instead report harassment to the New York State Division of Human Rights and/or the United States Equal Employment Opportunity Commission. Complaints may be made to both the employer and a government agency. Employees and covered individuals who believe they have been a target of sexual harassment may at any time seek assistance in additional available forums, as explained below in the section on Legal Protections and External Remedies.

Retaliation Is Prohibited

Any employee or covered individual that reports an incident of harassment, sexual harassment, discrimination or retaliation, provides information, or otherwise assists in any investigation of a complaint is protected from retaliation. No one should fear reporting harassment, sexual harassment, discrimination if they believe it has occurred. So long as a person reasonably believes that they have witnessed or experienced such behavior, they are protected from retaliation.

Any employee of TC3 who retaliates against anyone involved in a harassment, sexual harassment or discrimination investigation will face disciplinary action, up to and including termination. All employees and covered individuals working in the workplace who believe they have been subject to such retaliation should inform their immediate supervisor, Department Head, Vice President of Administration or any member of the Office of Human Resources, the Title IX Coordinator, a member of the Executive Council or the College President. All employees and covered individuals who believe they have been a target of such retaliation may also seek relief from government agencies, as explained below in the section on Legal Protections and External Remedies.

Investigations

TC3 will conduct a prompt and thorough investigation that is fair to all parties. An investigation will happen whenever management receives a complaint about discrimination or sexual harassment, or when it otherwise knows of possible discrimination or sexual harassment occurring. TC3 will keep the investigation confidential to the extent possible. If an investigation ends with the finding that discrimination or harassment, including sexual harassment occurred, TC3 will act as required. In addition to any required discipline, TC3 will also take steps to ensure a safe work environment for the employee(s) who experienced discrimination or harassment. All employees, including supervisory personnel, are required to cooperate with any internal investigation of discrimination or harassment, including sexual harassment.

Complaint Form

All employees will have access to a Complaint Form to report harassment and file complaints. The Complaint Form is available on the TC3 website and here if an employee would like to use it, but use of the Complaint Form is not required. Employees who report harassment, sexual harassment, discrimination or retaliation on behalf of other employees may also use the Complaint Form and should note that it is on another employee/person’s behalf. A verbal or otherwise written complaint (such as an email) on behalf of oneself or another employee is also acceptable. For anyone who would rather make a complaint verbally, or by email, these complaints will be treated with equal priority.

Legal Protections and External Remedies

Sexual harassment is not only prohibited by TC3, but it is also prohibited by state, federal, and local law. The internal process outlined in the policy above is one way for employees to report sexual harassment. Employees and covered individuals may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may also seek the legal advice of an attorney.

New York State Division of Human Rights

The New York State Human Rights Law (HRL), N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State and protects employees and covered individuals, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the New York State Division of Human Rights (DHR) or in New York State Supreme Court.

Complaints of sexual harassment filed with DHR may be submitted any time within three years of the sexual harassment (and one year for other protected categories). If an individual does not file a complaint with DHR, they can bring a lawsuit directly in state court under the Human Rights Law, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.

Complaining internally to TC3 does not extend your time to file with DHR or in court. The three years are counted from the date of the most recent incident of harassment. You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases receive a public hearing before an administrative law judge. If sexual harassment is found at the hearing, DHR has the power to award relief. Relief varies but it may include requiring your employer to take action to stop the harassment, or repair the damage caused by the harassment, including paying of monetary damages, punitive damages, attorney’s fees, and civil fines.

DHR’s main office contact information is:
NYS Division of Human Rights
One Fordham Plaza, Fourth Floor
Bronx, New York 10458
Phone: (718) 741-8400
Website: Division of Human Rights Home Page

Go to File A Complaint for more information. You can submit complaints online or by mail.

Call the DHR sexual harassment hotline at 1(800) HARASS3 for a referral to a volunteer attorney for limited free assistance.

The United States Equal Employment Opportunity Commission

The EEOC enforces federal anti-discrimination laws, including Title VII of the Civil Rights Act. You may file a complaint with the EEOC within 300 days from the most recent incident. There is no cost.

The EEOC investigates and may try to reach a voluntary settlement. If un¿ì²¥ÊÓƵful, it may file a lawsuit or issue a Notice of Right to Sue allowing you to file in federal court.

Contact:
U.S. Equal Employment Opportunity Commission
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website:
Email: info@eeoc.gov

If a complaint was filed with DHR, it will be automatically filed with the EEOC as well.

Local Protections

Many localities also enforce anti-harassment laws. Contact your city, county, or town to find out what additional protections may apply.

Contact the Local Police Department

If harassment includes physical touching, confinement, or coerced sex acts, it may be a crime. Contact your local police department, including TC3 Campus Police, to pursue criminal charges.

Related Policies

Please refer to other College policies such as Equal Employment Opportunity, Non-Harassment/Non-Discrimination, and Sexual Harassment Awareness & Prevention for additional guidance.

Resolution: 2024-##-##
History College Policy Number: HR 1.05