AND
PROCEDURES ON DISCRIMINATION AND HARASSMENT
The
University’s Office of Equal Opportunity and Affirmative Action (EOAA) has
overall responsibility for the management of the University’s Equal Opportunity
and Nondiscrimination Policies and has been designated to coordinate compliance
activities under these policies and applicable federal, state and local laws. Students,
faculty, and staff may contact the EOAA Office to inquire about their rights
under the University’s policies, request mediation or counseling, or seek
information about filing a complaint. Complaints
by students against students are governed by the Equal
Educational Opportunity and Student Nondiscrimination Policies and Procedures
on Discrimination and Harassment which are printed here and
available online at: http://www.columbia.edu/cu/vpaa/eoaa/docs/student_discrim.html. Complaints by students against employees are
governed by the Equal
Employment Opportunity and Nondiscrimination Policies and Procedures on Discrimination,
Discriminatory Harassment and Sexual Harassment, which are
available online at: http://www.columbia.edu/cu/vpaa/eoaa/docs/nondispol.html. All students and employees are protected from
retaliation for filing a complaint or assisting in an investigation under
Susan Rieger
Associate Provost
Office of Equal Opportunity and
Affirmative Action
103 Low Library, MC 4333
212-854-5511
http://www.columbia.edu/cu/vpaa/eoaa.html.
Columbia University does not
discriminate against any person in the administration of its educational
policies, admissions policies, scholarship and loan programs, and athletic and
other University-administered programs or permit the harassment of any student
or applicant on the basis of race, color, sex, gender (including gender identity and expression), pregnancy, religion, creed, marital status, partnership status,
age, sexual orientation, national origin, disability, military status, or any
other legally protected status.
Nothing in this policy shall
abridge academic freedom or the University’s educational mission. Prohibitions
against discrimination and harassment do not extend to statements or written
materials that are germane to the classroom subject matter.
DEFINITIONS
For
purposes of these policies and procedures, discrimination, discriminatory
harassment, and sexual harassment are defined as follows:
Discrimination
Discrimination
is defined as:
• treating members of a protected
class less favorably because of their membership in that class; or
• having a policy or practice that has
a disproportionately adverse impact on protected class members.
Discriminatory Harassment
Discriminatory
harassment is defined as substantially interfering with an individual's
educational experience by subjecting him or her to severe or threatening
conduct or to repeated humiliating or abusive conduct, based on his or her
membership in a protected class. This includes sexual harassment, which is
described below in further detail.
Sexual Harassment
Unwelcome
sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature constitute sexual harassment when:
• submission to such conduct is made
either explicitly or implicitly a term or condition of an individual’s
education; or
• submission to or rejection of such
conduct by an individual is used as the basis for academic decisions affecting
that individual; or
• such conduct has the purpose or
effect of unreasonably interfering with an individual’s academic performance or
creating an intimidating, hostile, demeaning, or offensive academic or living
environment.
Consensual,
romantic relationships between faculty and other employees and students are generally
not considered sexual harassment and are not prohibited by University policy. Individuals
should be aware, however, that these relationships are susceptible to being
characterized as non-consensual, and even coercive, if there is an inherent
power differential between the parties. For further information, students and
employees should consult the Romantic Relationship Advisory Statement which is
printed here and available online at: http://www.columbia.edu/cu/vpaa/eoaa/docs/romance.html.
DISABILITY ACCOMODATION
Students seeking an accommodation
for a disability should contact the Office of Disability Services at (212)
854-2388. Information on the services
provided by the Office may be found online at: http://www.health.columbia.edu/docs/services/ods/index.html.
All members of the University
community are expected to adhere to the applicable policies and to cooperate
with the procedures for responding to complaints of discrimination and
harassment. All are encouraged to report
any conduct believed to be in violation of these policies. All students and
applicants for admission are protected from coercion, intimidation,
interference, or retaliation for filing a complaint or assisting in an
investigation under any of the applicable policies and laws. Subjecting another
to retaliatory, intimidating or coercive conduct for filing a complaint or
participating in an investigation is prohibited and may be addressed as a
separate violation.
Any person who believes that he or
she has been the subject of discrimination and harassment may initially choose
to deal with the alleged offender directly through a face-to-face discussion, a
personal telephone conversation, e-mail correspondence, or letters. In some
cases this may effectively resolve the situation; however, individuals should
not feel pressured to address the individual directly. Such an approach may be
ineffective in correcting the problem, or an individual may be uncomfortable in
handling the situation alone. The University offers several options for those
seeking the intervention of the offices and individuals who are authorized to
respond to their complaints. These include confidential guidance and
assistance, informal counseling, mediation, and formal processes for having
their complaints reviewed and investigated.
Confidential
Guidance and assistance
The University has crafted a “safe
haven” for those individuals who want to approach a knowledgeable person for
confidential conversations. Individuals who wish to take advantage of this
option may contact either the University Ombuds Officer or a member of the
University Panel on Discrimination and Sexual Harassment. These officers are
not authorized to conduct formal investigations.
University
Ombuds Officer
The Ombuds Office is an informal,
safe and confidential place to voice concerns. The Ombuds Officer will
listen, offer information about
For more information, see http://www.columbia.edu/cu/ombuds/.
University
Panel on Discrimination and Sexual Harassment
The University Panel on Discrimination
and Sexual Harassment is composed of trained, experienced, and accessible
members of the
MEDIATION
Students may choose to resolve
their complaints through mediation by the Office of Equal Opportunity and
Affirmative Action, the University Ombuds Office, or the Mediation Clinic at
FORMAL
COMPLAINT PROCEDURES Against Another Student
Dean’s
Discipline
Student complaints of
discrimination or harassment against another student should be filed with the
Dean of the school in which the accused student is enrolled. Complaints against
students are investigated under the appropriate Dean’s Discipline procedure of
the accused student’s school, with the exception noted below. Students found to
have engaged in discrimination or harassment will be subject to discipline up
to and including expulsion.
Disciplinary
Procedures for Sexual Misconduct
Complaints
involving non-consensual physical contact of a sexual nature by a student against
a student must be filed under Dean’s Discipline or the Disciplinary Procedures
for Sexual Misconduct. A
copy of the Disciplinary Procedures for Sexual Misconduct may be obtained from
the Program Coordinator of the Disciplinary Procedures for Sexual Misconduct,
701A Alfred Lerner Hall, or online at: http://www.columbia.edu/cu/sexualmisconduct.html.
Procedure
for Complaint Against a Student Organization
Students who wish to file a
complaint of discrimination or harassment against a student organization should
do so in consultation with the Dean of their own school; the Dean will identify
the appropriate procedure and channels and assist the student in pursuing the
complaint.
Procedure for Complaint Against a Member of the
Faculty or Staff
Office
of Equal Opportunity and Affirmative Action
Student complaints of
discrimination, discriminatory harassment or sexual harassment against a
University employee should be filed with the Office of Equal Opportunity and
Affirmative Action. Complaints filed with the EOAA office are governed by the Equal Employment
Grievance Procedures
Students should consult their
school’s policy for the appropriate procedure to complain about a faculty
member’s conduct in an instructional setting.
School policies may be found on the Provost’s webpage at http://www.columbia.edu/cu/provost/docs/policies.html.
INDEPENDENT INVESTIGATION
The
University, at the discretion of the General Counsel, may conduct an
investigation independent of or in addition to the procedures provided herein
at any time. The investigation may involve complaints or allegations concerning
discrimination,
discriminatory harassment, or sexual harassment against the University or any
of its employees or students.
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Students
with questions as to the appropriate procedure in a particular situation should
contact the Dean of Students for their school
In accordance with all applicable
laws and pursuant to its own policies and operating procedures,
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Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination
against any person on the basis of race, color, or national origin in programs
or activities receiving federal financial assistance.
•
Title IX of the Education Amendments of 1972, as amended, prohibits
discrimination on the basis of sex in the conduct or operation of a school’s
educational programs or activities, including admission to these programs and
activities.
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Section 504 of the Rehabilitation Act of 1973 prohibits the exclusion of any
person solely on the basis of a disability from participation in or access to
benefits of any federally financed program or activity; it also prohibits
discrimination against any person solely on the basis of disability in any
federally financed program or activity.
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The Americans with Disabilities Act of 1990 prohibits discrimination against
persons with disabilities in public accommodation.
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The Age Discrimination Act of 1975 prohibits discrimination on the basis of age
in programs and activities receiving federal financial assistance.
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The New York Executive Law, Article 15, Section 296(4) prohibits an educational
institution from denying the use of its facilities to anyone otherwise
qualified or permitting harassment of a student or applicant on the basis of
color, race, religion, disability, national origin, sexual orientation,
military status, sex, age, and marital status.
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The New York Education Law, Section 313, as amended, prohibits educational
institutions from discriminating against persons seeking admission as students
to any institution, program, or course because of race, color, sex, religion,
creed, marital status, age, sexual orientation, or national origin.
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The New York City Human Rights Law, Section 8-107 prohibits discrimination on
the basis of actual or perceived race, creed, color, national origin, age,
gender, (including gender identity and expression), disability, marital status,
partnership status, sexual orientation or alienage or citizenship status in
public accommodations.
Any person wanting to file a
complaint under any of these laws should consult the website of the relevant
government agency listed below:
Office
of Civil Rights,
http://www.ed.gov/about/offices/list/ocr/index.html
New
York State Department of Human Rights
http://www.dhr.state.ny.us/offices.html
http://www.nyc.gov/html/cchr/home.html
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