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Responsible Executive: VP Administration
Review Cycle: Annual
References: CPCO-01

Purpose and Scope

This College policy applies to all employees, applicants for employment, and interns, whether paid or unpaid. The policy also applies to additional covered individuals. It applies to anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in our workplace. These individuals include persons commonly referred to as independent contractors, gig workers, and temporary workers. Also included are persons providing equipment repair, cleaning services, or any other services through a contract with TC3. Throughout this policy, the term “covered individual” will refer to these individuals who are not direct employees of the college.

Policy Statement

�첥��Ƶ Cortland Community College is committed to maintaining a workplace free from harassment and discrimination. Sexual harassment is a form of employee misconduct and sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue.

Sexual harassment is a form of discrimination that subjects an employee to inferior conditions of employment due to their gender, gender identity, gender expression (perceived or actual), and/or sexual orientation. Sexual harassment is often viewed simply as a form of gender-based discrimination, but TC3 recognizes that discrimination can be related to or affected by other identities beyond gender. Our different identities impact our understanding of the world and how others perceive us. For example, an individual’s race, ability, or immigration status may impact their experience with gender discrimination in the workplace.

While this policy is focused on sexual harassment and gender discrimination, the methods for reporting and investigating discrimination based on other protected identities are the same. The purpose of this policy is to teach employees to recognize discrimination, including discrimination due to an individual’s intersecting identities, and provide the tools to take action when it occurs.

Under the New York State Human Rights Law, it is illegal to discriminate based on sex, sexual orientation, gender identity or expression, age, race, creed, color, national origin, military status, disability, pre-disposing genetic characteristics, familial status, marital status, criminal history, or status as a victim of domestic violence.

All employees are required to work in a manner designed to prevent sexual harassment and discrimination in the workplace. This policy is one component of the College’s commitment to a discrimination-free work environment.

Reporting Harassment, Sexual Harassment, Discrimination or Retaliation

Reporting options are contained in HR 1.05 – Reporting Harassment, Sexual Harassment, Discrimination and/or Retaliation. Please refer to that policy for more detailed information.

Employees can also file a complaint with a government agency or in court under federal, state, or local anti-discrimination laws.

Policy Goals

Sexual harassment and discrimination are against the law. All employees should feel safe at work. After reading this policy, employees will understand their right to a workplace free from harassment. Employees will also learn what harassment and discrimination look like, what actions they can take to prevent and report harassment, and how they are protected from retaliation after taking action. The policy will also explain the investigation process into any claims of harassment.

Sexual Harassment is Unacceptable

Any employee or covered individual who engages in sexual harassment, discrimination, or retaliation will be subject to action, including appropriate discipline for employees. In New York, harassment does not need to be severe or pervasive to be illegal.

Supervisors and Department Heads

Everyone must work toward preventing sexual harassment, but leadership matters. Supervisors and department heads have a special responsibility to make sure employees feel safe at work and that workplaces are free from harassment and discrimination.

Policy Violations

Discrimination of any kind, including sexual harassment, is a violation of College policies, is unlawful, and may subject TC3 to liability for the harm experienced by targets of discrimination.

Policy Location(s)

This policy has been posted on the College’s shared network, as applicable. Copies can be made available in the Human Resources Department, if/when requested.

Additional Important Information and Examples

What Is Sexual Harassment?

Sexual harassment is a form of gender-based discrimination that is unlawful under federal, state, and local law.

Types of Sexual Harassment

There are two main types of sexual harassment:

• Hostile work environment

• Quid pro quo harassment

Examples of Sexual Harassment

• Physical acts of a sexual nature

• Unwanted sexual comments or advances

• Sex stereotyping

• Sexual or discriminatory displays or publications

• Hostile actions based on sex, sexual orientation, or gender identity

Who Can be a Target of Sexual Harassment?

Sexual harassment can occur between any individuals, regardless of their sex or gender.

Where Can Sexual Harassment Occur?

Unlawful sexual harassment is not limited to the physical workplace. It can happen during business travel, at work-related events, or online.

Retaliation

Retaliation is unlawful and includes any negative action taken against someone who reports or opposes harassment or discrimination.

Supervisory Responsibilities

Supervisors and managers have a responsibility to prevent and report sexual harassment.

Bystander Intervention

There are five standard methods of bystander intervention that can be used when witnessing harassment:

• Distract

• Delegate

• Document

• Delay

• Direct

Complaints and Investigations of Sexual Harassment

All complaints or information about sexual harassment will be investigated promptly and thoroughly.