Intranet > Faculty Handbook > Equal Employment Opportunity
 
 
  II. EQUAL EMPLOYMENT OPPORTUNITY

A. Equal Opportunity and Anti-discrimination

The Juilliard School is committed to a policy of equal treatment and opportunity in every aspect of its relations with its faculty, staff, students and other members of the Juilliard community without regard to race, religion, sex, sexual orientation, national origin, age or handicap. This includes, but is not limited to, recruitment, hiring or appointment and rates of pay and other forms of compensation.

B. Sexual Harassment Policy (revised : 1/17/2007)

Policy Against Sexual and Other Unlawful Harassment

The Juilliard School (the “School”) is committed to providing an academic and work environment in which all members of the School community are treated fairly, equitably, andwith the respect and dignity necessary to allow each member of the community to realize his or her full potential. As such, it is the policy of the School to maintain a safe and comfortable workplace and academic setting free from unlawful harassment of any kind, including freedom from harassment for any discriminatory reason and freedom from sexual harassment.

Sexual harassment may involve the behavior of a person of either sex against a person of the opposite or same sex and occurs when such behavior constitutes unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical behavior of a sexual nature when:

            a)   Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of the individual's employment, education, artistic endeavor, or participation in a School activity; or

             b)   Submission to or a rejection of such conduct by an individual is used as a basis for any employment or academic decisions affecting such individual; or

             c)   Such conduct unreasonably interferes with a student’s educational process or an employee’s work process, or has the purpose or effect of creating an intimidating, hostile or offensive work atmosphere or educational setting. 

 

Sexual harassment, whether committed by administrators, faculty, staff, guest artists, vendors, outside contractors, or students, is strictly prohibited.  Examples of sexual harassment include, but are not limited to:

 

·        Direct or indirect threats or bribes for unwanted sexual activity;

·        Repeated and extreme sexual innuendoes and comments;

·        Intrusive sexually explicit questions;

·        Repeatedly asking a person out for dates or to have sex;

·        Unwanted touching;

·        An uninvited neck/shoulder massage;

·        Repeated and extreme ogling, leering, or suggestive staring;

·        Spreading rumors about a person’s sexuality;

·        Graffiti about a person’s sexuality;

·        Frequent jokes about sex or males/females;

·        Letters, notes, telephone calls, e-mail, or other material of a sexual nature;

·        Pervasive displays of pictures, calendars, cartoons, or other materials with sexually explicit or graphic content;

·        Stalking a person;

·        Attempted or actual sexual assault; and

·        Sexually explicit classroom assignments or discussion without a legitimate academic purpose.

The School will not tolerate discrimination and prohibits any form of unlawful harassment based upon actual or perceived race, color, religion, creed, age, sex, national origin, alienage, citizenship status, ancestry, citizenship, sexual orientation or preference, gender identity, physical or mental disability, medical condition, predisposing genetic characteristics, marital status, partnership status, past or present service in the uniformed services or application or obligation to serve in the uniformed services, status as a survivor of domestic violence, sex offenses, or stalking, or any other basis prohibited by applicable local, state, or federal law.  The School will take appropriate disciplinary action, up to and including termination of employment or dismissal, whenever there is a finding that unlawful harassment or any violation of this policy has occurred.

 

An employee who believes that he or she has been subjected to harassment by an employee, student, or contractor of the School, or who becomes aware of harassment in violation of this policy by any other employee or by a contractor, should consider voicing his or her objection directly to the individual engaging in such conduct, but only if the employee feels comfortable doing so. Whether the complainant has directly voiced their objection or not, he or she should also immediately notify the Director of Human Resources, who will ensure a prompt investigation and seek to end the unwelcome behavior.  If, for any reason, such notification is not possible or if the complainant does not feel comfortable reporting this to the Director of Human Resources, he or she should instead contact the Dean or the Vice President for Library and Information Resources.

 

A student who believes that he or she has been subjected to harassment by another student, by an employee, or by a contractor or vendor of the School (or if they become aware of such harassment by another student), should follow the procedure above, but make their complaint to the Director of Student Affairs. If it is not possible to make such a report or if the student is not comfortable making their complaint to the Director of Student Affairs, he or she should report it to the Dean or the Vice President for Library and Information Resources.

 

All complaints will remain as confidential as possible, consistent with the conduct of an effective investigation. However, the School may need to disclose certain information to carry out its investigation or to implement corrective actions that are deemed necessary.

Should the investigation reveal that unlawful harassment has occurred, the School will promptly take steps to prevent recurrence and will take whatever corrective action is deemed necessary, including discipline or discharge of any individual who the School finds has engaged in such conduct. All employees and students are required to cooperate with all School investigations.

 

No retaliatory action will be taken against any employee or student who in good faith complains of harassment and/or participates in the investigation of a complaint of harassment. Any retaliation against a student or employee who makes a complaint in good faith under this policy, including, but not limited to, intimidation, coercion, threats, or discrimination, will result in disciplinary action against the retaliator, up to and including termination of the retaliator’s employment or academic relationship with the School. Conversely, a report made in bad faith will subject the reporting individual to corrective action, up to and including termination or dismissal of the offending party from the School.

C. Policy on Consensual Relationships

Policy on Consensual Relationships

Relationships Between Students and Faculty or Staff

The Juilliard School is committed to fostering the development of learning and work environments characterized by professional and ethical behavior. Amorous or sexual relationships between students and persons in positions of authority compromise the relationship between students and the School. The role of a faculty or staff member is multifaceted, including serving as intellectual/artistic guide, teacher, counselor, mentor and advisor. The faculty or staff member’s influence and authority can extend far beyond the classroom or work place, and thus are in almost all cases inappropriate, and always impermissible when there is a teaching, supervisory, evaluative, or counseling relationship. In addition, if a student makes an allegation of sexual harassment after the relationship has ended, members of the faculty or staff may find it difficult to prove that the relationship was fully consensual.

To protect the integrity of the educational process, Juilliard requires a faculty or staff member (a) to refrain from taking on any teaching, evaluative, counseling, or supervisory roles involving a student with whom he or she has had a sexual relationship in the past. Juilliard also requires a faculty or staff member (b) to remove himself or herself from any teaching, evaluative, counseling, or supervisory role involving a student with whom he or she is currently having a sexual relationship, even if it is considered consensual. If the faculty or staff member currently has professional responsibilities for the student, the parties involved must consult with the Dean (or the Director of Human Resources in the case of a staff member) about how best to implement the removal, abiding by the administrator's decision. A faculty or staff person who does not abide by rules (a) and (b) is at substantial risk to complaints of coercion, or of preferential or prejudicial treatment, and is subject to disciplinary action. Only in very unusual circumstances can a waiver to this policy be granted, after application is made to either the Dean (in the case of faculty), or the Director of Human Resources (in the case of staff).

Relationships Involving Faculty and/or Staff

A sexual relationship with a member of the faculty or staff for whom one has professional responsibilities may similarly put claims of consent into question or raise questions of unfair evaluation. To protect the integrity of the working relationships among employees, Juilliard requires anyone in a position of authority a) to refrain from any supervisory, evaluative or counseling role involving a subordinate with whom he or she has had a sexual relationship in the past, unless the circumstances warrant a waiver. Juilliard also requires a faculty or staff person b) to remove him or herself from any supervisory, evaluative, or counseling role involving a subordinate employee with whom he or she currently has a sexual relationship. The parties involved should consult with The Director of Human Resources (staff members) or the Dean (faculty members) concerning the need for a waiver or a removal. That party will grant or deny the waiver, and arrange for removal if deemed necessary. The parties involved shall abide by the administrator's decision. A faculty or staff person who does not abide by rules (a) and (b) is at substantial risk to complaints of coercion, or of preferential or prejudicial treatment, and are subject to disciplinary action.