Retaliation, which is materially adverse action taken against a person for reporting or objecting to discrimination, sexual harassment, sexual assault, dating/domestic violence or for participating in an investigation or other proceeding related to discrimination, sexual harassment, sexual assault, dating/domestic violence is a violation of this Policy, whether or not it occurred.
This applies to any activity on or off campus, through direct or indirect conduct, via electronic means or social media, or through third parties. Reports of retaliation will be accepted, evaluated and handled under the same processes and procedures set forth in this Policy. Any action that would keep an individual from coming forward to make or support a claim of unlawful harassment or discrimination may constitute retaliation. Such retaliation is unlawful under federal, state, and (where applicable) local law. For example, both the New York State Human Rights Law and Title VII of the Civil Rights Act of 1964 protect individuals who engage in “protected activity.”
Protected activity occurs when a person has:
- Made a complaint of sexual harassment, either internally or with any anti-discrimination agency;
Testified or assisted in a proceeding involving sexual harassment under Title VII, the Human Rights Law, or other anti-discrimination law;
- Opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment;
- Reported that another employee has been sexually harassed; or
- Encouraged a fellow employee to report sexual harassment.
Even if the alleged discrimination, sexual harassment, sexual assault, dating/domestic violence does not rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of discrimination, sexual harassment, sexual assault, dating/domestic violence. Those found responsible for engaging in retaliation will be subject to discipline.