Human Resources

 
 
 

VII. What to Do If You Are Experiencing Discrimination, Harassment (Including Sexual Misconduct, Dating Violence, Domestic Violence, Stalking), and/or Retaliation

If you think you are the subject of discrimination, harassment (including sexual misconduct, dating violence, domestic violence, stalking) and/or retaliation, it is recommended that you:

  • Consider telling the person to stop the objectionable behavior, or consider asking for help to do so;
     
  • Document what you are experiencing and date each occurrence;
     
  • Report the objectionable behavior (see “Reporting Process” below) before you consider resigning from a position, transferring departments, dropping a class, or changing a class to avoid the problem;
     
  • Familiarize yourself with policies, support services, and resources available.
     

Additional Rights in Sexual Assault, Dating Violence, Domestic Violence, and Stalking Cases

In addition to the provisions outlined in this Policy, individuals reporting allegations of sexual assault, dating violence, domestic violence or stalking to University personnel shall be apprised of the following rights at the time of their initial disclosure:

The right to make a report to Public Safety, local law enforcement and/or the state police about the incident or to choose not to report.

The right to report the incident to the University and be protected by the University from retaliation for reporting the incident.

The right to receive assistance, measures and confidential resources from the University.

The right to emergency access to the Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault, dating violence, domestic violence or stalking, who shall be available upon the first instance of disclosure by a complainant to provide information regarding options to proceed, and where applicable the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible, and detailing the different standard of proof used in the criminal justice system and that questions regarding the penal law should be addressed to law enforcement or the district attorney. Such official shall also explain whether they are authorized to offer the complainant confidentiality or privacy and shall inform the complainant of other reporting options.

  1. Confidentiality and Privacy in the Reporting Process

    Confidentiality (meaning privacy of information about complaints and investigations) will be maintained to the extent required by law and to the extent possible given the University’s obligations under law and under this Policy. At the beginning of the process, the University will inform the complainant about confidentiality standards and privacy concerns, as well as confidential and other resources available.

    However, even offices and employees that cannot guarantee confidentiality will maintain the privacy of all parties to the greatest extent possible. Information provided to a non-confidential resource will be relayed only as necessary to the required administrators in order to investigate and seek resolution of the case.

    The University will evaluate a request for confidentiality or not to act on a complaint in the context of its responsibility to provide a safe and nondiscriminatory environment for all members of the community. Therefore, while absolute confidentiality cannot be promised, the University will treat the concerns of the complainant with sensitivity and respect. The University will also assist with reasonable academic, housing, transportation, employment and other accommodations requested regardless of reporting choices. A request for confidentiality however may limit the University’s ability to respond.

    Confidential Resources and Support

    The University encourages all members of the Adelphi community to report incidents related to this policy. However, individuals who are not ready or willing to make a formal report, but still wish to speak with someone can utilize the confidential on-campus resources of the Student Counseling Center, Student Health Services or the Campus Chaplains, as well as off campus mental health providers listed on the University website. These resources are subject to legal confidentiality obligations that prohibit the release of information without the express consent of the individual. See http://operations.adelphi.edu/handbooks/.

    Amnesty

    The health and safety of every student at the University is of utmost importance. Adelphi University recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to dating violence, domestic violence, stalking or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The University strongly encourages students to report dating violence, domestic violence, stalking or sexual assault to University officials. A bystander (witness) acting in good faith or a complainant acting in good faith that discloses any incident of dating violence, domestic violence, stalking or sexual assault to University officials or law enforcement will not be subject to the University’s Code of Conduct action for violations of alcohol and/ or drug use policies occurring at or near the time of the commission of the dating violence, domestic violence, stalking or sexual assault.
     

  2. The Reporting Process

    Any employee, student, or third party who believes that they may have been subjected to discrimination, harassment (including sexual misconduct, dating violence, domestic violence, stalking) and/or retaliation is strongly encouraged to report this in accordance with the procedures set forth in this Policy:

    For emergency or immediate assistance (twenty-four hours a day, seven days a week) contact the Department of Public Safety (516) 877-3511 or dial 5 from any campus phone. All emergency contact numbers are listed on the reverse side of your Adelphi identification card.

    • If you are a student complainant, contact Jeffrey Kessler (Assistant Vice President and Dean of Student Affairs), kessler@adelphi.edu or 516.877.3151 or Rhonnie Jaus (Title IX Coordinator, Director of Equity and Compliance), titleix@adelphi.edu or 516.877.4819.;
    • If you are an employee or third party complainant, or if you have questions pertaining to this policy, contact Jane Fisher (Director of Employment, Employee, & Labor Relations), fisher2@adelphi.edu or 516.877.3222 or Rhonnie Jaus (Title IX Coordinator, Director of Equity and Compliance), titleix@adelphi.edu or 516.877.4819..
    • In addition, you may contact any member of the Anti-Harassment, Discrimination (including Sexual Misconduct, Dating Violence, Domestic Violence, Stalking), and Retaliation Panel (“Anti-Discrimination Panel”) listed at the end of this document.

    To file a complaint involving Jeffrey Kessler or Jane Fisher, contact Title IX Coordinator, Director, Equity and Compliance, Rhonnie Jaus, as above. To file a complaint involving the Title IX Coordinator, Director of Equity and Compliance, please direct your complaint to Jane Fisher, as above. Anyone who reports misconduct to the above resources will be informed about this process, as outlined in this Policy.

    You may also report online at:

    hr.adelphi.edu/report.

    You may choose to file this complaint form anonymously. This form will be received and reviewed by the Director of Employment, Employee and Labor Relations and the Title IX Coordinator, Director of Equity and Compliance. The University will comply with all federal, state and local mandates regarding the reporting of crimes to appropriate authorities.

    Inquiries concerning the application of Title IX may be referred to the University’s Title IX Coordinator, Rhonnie Jaus at titleix@adelphi.edu, Levermore Hall, Room 203, (516) 877-4819, or

    Office for Civil Rights (OCR)
    U.S. Department of Education
    400 Maryland Avenue, SW
    Washington, DC 20202-1100

    Customer Service Hotline #: (800) 421-3481,
    Facsimile: (202) 453-6012
    TDD#: (877) 521-2172,
    Email: OCR@ed.gov
    Web: ed.gov/ocr, or

    U.S. Equal Employment Opportunity Commission (EEOC)
    131 M Street, NE
    Washington, DC 20507
    202-663-4900 / (TTY) 202-663-4494, 1-800-669-4000
    Email info@eeoc.gov,
    Web: eeoc.gov/contact/index.cfm

    Making a Report to the Police

    A complainant may contact local law enforcement or the State Police directly, whether or not a complaint has been filed with the University. If requested, the University will provide assistance making this contact. Upon notice of the complaint the University’s investigation will proceed regardless of whether a criminal matter is pending, though short delays may be allowed for outside law enforcement agencies to conduct their investigation.

    Other Proceedings

    The University’s investigation is independent of any civil or criminal investigation or proceeding. The University’s investigation and related proceedings may be carried out prior to, simultaneously with, or subsequent to any related civil or criminal proceeding and will not be subject to challenge or delay based on the grounds that criminal or civil proceedings involving the same incident have been dismissed, reduced or are pending. Action pursued through the criminal justice process is governed by the penal law and the criminal procedure law.

    Timing of the Investigation

    There is no time limit on when a complaint may be made. The University will conduct an investigation and make all efforts to provide a resolution of the investigation usually within sixty (60) days from the time the University receives notice. However, the resolution of a complaint may vary depending on the complexity of the investigation and/or extent of the alleged harassment or discrimination. The sixty (60) day time period does not include the time period for the appeal process.

    Additional Rights for Reporting Individuals and Complainants in Sexual Assault, Dating Violence, Domestic Violence and Stalking Cases

    1. A reporting individual or complainant’s identity shall remain private at all times if the reporting individual or complainant wishes to maintain privacy. Please see Section VII (A) above for further explanation.
    2. If the accused is an employee of the University, the complainant has the right to disclose the incident to Human Resources and the right to request a confidential or private employee to assist in the reporting.
    3. The right to receive assistance from an appropriate University representative on how to initiate legal proceedings in family or civil court.
    4. The right to withdraw a complaint or involvement from the University process at any time. The University may still have obligations pursuant to state and federal law to investigate the incident and take action. The complainant may participate in the process to whatever degree they wish.
    5. All parties have the right to be provided with information about available resources, including intervention, mental health counseling and medical services, including costs. The University will also provide information on sexually transmitted infections, sexual assault forensic examinations and resources available through the New York State Office of Victim Services.
    6. To have the University issue a “No Contact Order” in cases where the accused is a student, consistent with the procedures outlined in the Code of Conduct which also provides for prompt review.
    7. To be assisted by Public Safety in obtaining an Order of Protection or an equivalent protective or restraining order.
    8. To receive a copy of the Order of Protection or equivalent when received by the University and be provided with the opportunity to speak with a Public Safety Officer to answer questions and explain the provisions of the order.
    9. To receive assistance from Public Safety in effecting an arrest when an Order of Protection is violated.
    10. When the accused is a student who presents a continuing threat to the health and safety of the community, to subject the accused to interim suspension consistent with the Code of Conduct, which has a provision for prompt review.
    11. When the accused is not a student, but is a member of the University community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements and the policies of the University.
    12. To receive reasonable interim accommodations regarding academics, housing, employment, transportation or other applicable arrangements to help ensure safety, prevent retaliation and a hostile environment, consistent with the University’s policies.
    13. To request student conduct proceedings be filed against an accused student governed by this Policy in conjunction with the Code of Conduct, which include, among other things, the right to receive written notice of the charges, dates of meetings, the final determination, possible sanctions, to review the record, present witnesses and evidence and be accompanied by an advisor of choice to all meetings and the presumption that the respondent is not responsible until proven otherwise.
    14. To receive a prompt response to the complaint and have it investigated and adjudicated by impartial individuals who do not have a conflict of interest and who have been trained annually in conducting investigations involving sexual assault, dating violence, domestic violence and stalking, the effects of trauma, the need for impartiality, the rights of the accused and the presumption of “not responsible.”
    15. Both parties have the right to exclude their own prior sexual history with persons other than the other party to the proceedings or their own mental health diagnosis and/or treatment from admittance into the disciplinary stage that determines responsibility. Past findings of dating violence, domestic violence, stalking or sexual assault may be admissible in the sanction stage.
    16. Both parties have the right to choose whether to disclose or discuss the outcome of the University proceedings and have information obtained during the proceedings protected from public release until the appeals panel makes a final determination, unless required by law.
    17. All issues regarding transcript notations are addressed in the Code of Conduct.
    18. Adelphi University has a Memorandum of Understanding with the Sexual Assault Nurse Examiner Program at Northwell Health (formerly North Shore Hospital) to provide forensic examinations in appropriate sexual assault cases.
    19. The University will conduct an anonymous Campus Climate Survey every other year to ascertain general awareness and knowledge of issues pertaining to sexual assault, dating violence, domestic violence and stalking, which will be developed using standard and commonly recognized research methods. The results of this survey will be published on the University website.
    20. Information regarding confidential and other available resources are addresses herein and posted on the University website under “Title IX and Sexual Respect.”
    21. If an individual discloses information at a public awareness event the University is not obligated to initiate an investigation, but may use the information to inform education and prevention efforts.
 

For further information, please contact:

Office of Human Resources
p – 516.877.3220
e – humanres@adelphi.edu

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