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Unlawful Harassment
Skidmore is committed to having a positive learning and working environment
for its students and employees. In accordance with applicable laws
including Title VII and Title IX of the Civil Rights Act of 1964 as amended,
the Pregnancy Discrimination Act of 1978, the Civil Rights Act of 1991, and
sexual assault and abuse laws, Skidmore College prohibits sexual harassment
and harassment because of race, color, national origin, ancestry, religion, physical
or mental disability, marital status, age, sexual orientation, or any other
basis protected by applicable federal, state, or local law. Any such harassment
may violate the law and will not be tolerated.
These policies apply to all persons affiliated with Skidmore including administrators,
faculty, staff and students.
Sexual Harassment Defined
Applicable state and federal law defines sexual harassment as unwanted sexual
advances, requests for sexual favors, or visual, verbal, or physical conduct of a
sexual nature when:
- submission to the conduct is made either explicitly or implicitly a term or
condition of employment or academic advancement (quid pro quo harassment)
- submission to or rejection of the conduct is used as basis for employment or
academic decisions affecting the individual (quid pro quo harassment); or
- the conduct has the purpose or effect of unreasonably interfering with an
employee's or student's work, professional or educational performance, productivity,
physical security, participation in living arrangements, extracurricular
activities, academic or career opportunities, services or benefits or
creating an intimidating, hostile, or offensive working or learning environment.
This definition includes many forms of offensive behavior.
The following is a partial list:
- unwanted sexual advances;
- overt or implicit bribes or threats offering employment or academic benefits
(higher grades, promotion, additional training, continued employment,
retention of job, granting tenure, positive academic or work performance
evaluation, for example) in exchange for sexual favors;
- making or threatening reprisals after a negative response to sexual
advances;
- visual conduct such as leering, making sexual gestures, or displaying sexually
suggestive objects, pictures, cartoons, or posters;
- verbal conduct such as making or using derogatory comments, epithets,
slurs, sexually explicit jokes, or comments about any employee's or student's
body, appearance, lifestyle or dress;
- verbal sexual advances or propositions;
- verbal abuse of a sexual nature, graphic verbal commentary about an individual's
body, sexually degrading words to describe an individual, or suggestive
or obscene letters, notes, or invitations;
- physical conduct such as touching, assault, or impeding or blocking movements;
and
- retaliation for reporting harassment or threatening to report harassment.
It is unlawful for males to sexually harass females or other males, and for
females to sexually harass males or other females. Sexual harassment on the
job is unlawful whether it involves coworker harassment, harassment by a
supervisor, or harassment by persons doing business with or for Skidmore
College.
Sexual harassment can happen on or off campus, including but not limited to
the classroom (student to student, faculty to student, student to faculty) and
the work setting (supervisor to employee, employee to supervisor, employee
to employee). Skidmore's policy applies to all employees and students of the
College whenever they are interacting with one another. Off-campus violations
could occur at campus-sponsored events or programs, such as athletic
events, internships and professional meetings.
The fact that someone did not intend to harass an individual is no defense to
a complaint of unlawful harassment. Regardless of intent, it is the effect and
characteristics of the behavior that determine whether the behavior constitutes
unlawful harassment.
Other Types of Harassment
Unlawful harassment on the basis of race, color, national origin, ancestry, religion,
physical or mental disability, marital status, age, sexual orientation, or
any other protected basis, includes behavior similar to sexual harassment,
such as:
- nonsexual conduct, such as intimidation, hostility, rudeness, name-calling,
can be abusive and therefore harassment;
- verbal conduct such as threats, epithets, derogatory comments, or slurs;
- visual conduct such as derogatory posters, photographs, cartoons, drawings,
or gestures;
- physical conduct such as assault, unwanted touching, or blocking normal
movement; and
- retaliation for reporting harassment or threatening to report harassment.
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