Report a concern directly to the Civil Rights Compliance Team:

• Use the online reporting form: uofr.us/padh-report.
• You can also call the following phone number to report a PADH concern: 585-275-2430. If you call this number, you must leave a detailed voice mail spelling your name and providing contact information, along with a description of your concern. If the voice mail ends before you have provided all information, feel free to call back, provide your name and contact information again, and finish explaining your concern.

I. Policy and Policy Statements

The University is governed by multiple state and federal employment laws that prohibit discrimination and harassment based on various Protected Characteristics (defined in Section B below).

The University is dedicated to maintaining a workplace and academic environment free from discrimination and harassment consistent with law, the University’s Vision and Values, and its commitment to equality of opportunity (as set forth in Policy 102: Non-Discrimination in Employment).

A. Scope of this Policy

This Policy Against Discrimination, Harassment, and Discriminatory Employment/ Service Practices (PADH) applies to faculty, staff, residents, fellows, postdoctoral appointees, student employees [1], and interns (paid or unpaid). It also applies to volunteers and all visitors, including patients, contractors, vendors, and anyone providing services to any University campus, facility, and/or property (together referred to as “Covered Individuals”). 

This Policy applies to University spaces (workplaces, academic settings, student housing, et cetera), as well as University-sponsored activities and events, whether on University premises or not.

This Policy does not apply to allegations not based on a Protected Characteristic, even if the behavior is unfair or inappropriate. For example, this Policy will not be used to resolve allegations of: interpersonal conflicts; political differences; professionalism concerns; reports involving profanity or name calling not related to a Protected Characteristic; alleged unfair treatment on the basis of union membership; or issues of nepotism. These types of concerns will be referred for further action pursuant to other applicable University policies, including but not limited to the Workplace Values Policy (Policy 100), Grievance Procedure (Policy 160), and Corrective Discipline Policy (Policy 154). When appropriate, certain matters may be referred to the University Ombuds.

The standards for assessing a violation of this Policy are not the same as the legal standards required for a finding of criminal liability. Determinations that an individual has violated the PADH do not include any analysis or conclusion as to whether the alleged behavior could also constitute a criminal act.

[1] The Standards of Student Conduct and related processes apply to reports alleging that a student has engaged in Protected Characteristic discrimination and/or harassment. 

B. Anti-Discrimination and Anti-Harassment Statement

The University prohibits Discrimination and Harassment on the basis of the following:

• age
• color
• disability
• domestic violence victim status
• ethnicity
• gender identity or expression including transgender and gender expansive identities [2]
• genetic information
• marital status, familial status or an individual’s reproductive health decision-making
• military/veteran status
• national origin
• race (including hair style)
• religion, creed (including religious attire and facial hair)
• sex
• sexual orientation
• citizenship status
• non-pending arrest or conviction record
• any other status protected by law

Definitions of these terms are available at the NYS Division of Human Rights website.

Throughout this Policy, each of the above statuses will be referred to as a “Protected Characteristic.” The University does not tolerate Discrimination or Harassment based on a Protected Characteristic, which is considered misconduct that will be subject to investigation and consequences.

[2] New York Human Rights Law section 296 recognizes a spectrum of gender identities and requires New York State employers and educational institutions to prohibit and respond to discrimination and harassment based on gender identity or expression.

C. Anti-Retaliation Statement

The University prohibits Retaliation against any person who complains of or opposes perceived Discrimination or Harassment, including those who participate as a Party or Witness in any report, or in an investigation under this Policy or other proceeding involving a claim based on a Protected Characteristic. Retaliation will not be tolerated, and is misconduct that may be subject to an investigation, and will be subject to some type of counseling, corrective action or discipline.

D. Title IX Statement

The University complies with Title IX of the Education Amendments of 1972 and its implementing regulations, which prohibit sex discrimination and sexual harassment in the University’s education programs and activities, as well as retaliation for asserting claims of sex discrimination or participating in any process used to resolve allegations of sex discrimination or sexual harassment. Title IX sexual harassment includes quid pro quo sexual harassment, hostile environment sexual harassment, sexual assault, dating violence, domestic violence, and stalking. Inquiries concerning the application of Title IX should be referred to the University’s Title IX Coordinator: titleix@rochester.edu; for more information, visit the Title IX Office’s website or review the Title IX Policy here.

II. Relationship to Principles of Academic Freedom and Freedom of Speech

The success of the University of Rochester depends on an environment that fosters vigorous thought and intellectual creativity. It requires an atmosphere in which diverse ideas can be expressed and discussed. The University seeks to provide a setting that respects the contributions of all individuals composing its community, that encourages intellectual and personal development, and that promotes the free exchange of ideas.

This Policy is not intended to inhibit the content of speech, discussion, debate, and dialogue in the classroom, on campus or in any University forum reasonably related to academic activity or political, artistic, and visual arts expression. The University will protect academic freedom and artistic expression in administering this Policy. However, using speech or expression to discriminate against those protected by this Policy or using speech that creates a hostile learning, working or campus living environment for those protected by this Policy is prohibited.

III. Definitions

The following definitions are intended to provide a better understanding of the meaning of certain terms used within this Policy.

Process-Related Terms

A. Reporter

A third party who submits a report on behalf of someone else, meaning they are not alleging they were personally subject to Discrimination or Harassment based on a Protected Characteristic. Reporters are not made aware of outcomes and may not be otherwise contacted by the Civil Rights Compliance Team unless they are identified as a Witness. 

B. Complainant

An individual who alleges that they have been subject to conduct that may violate this Policy. A Complainant may also be an individual who is identified by a Reporter as having been subject to conduct that may violate this Policy. Complainants may not be anonymous in the PADH process but if there is sufficient information provided for the investigator to identify the Complainant, the process will not stop because a Reporter does not know a Complainant’s name. A Complainant may also be referred to as a Party. 

C. Respondent

An individual accused of conduct that may violate this Policy. A Respondent may also be referred to as a Party.

D. Witness

An individual with relevant information or knowledge based on first-hand observation, direct disclosure from a Party or access to materials related to the allegations of a report. Witnesses are expected to comply with a request to meet with investigators. Witnesses can request that they remain anonymous from the Parties and/or from the Determination Panel and Appeal Panel.

E. Support Person

A Support Person must be a current faculty member, staff or student, but cannot also be a Party or Witness in the matter under investigation. Support Persons are present to provide quiet support for a Party, but may not speak or communicate in writing on the Party’s behalf or intervene/interfere with an interview or any aspect of the investigation.

F. Civil Rights Compliance Team (or CRCT)

A team of neutral, trained investigators housed within the Office of Human Resources, who evaluate reports and make decisions about appropriate next steps, including investigation, alternative resolution, case closures, and/or referral to Human Resources or another appropriate policy, process, office or department for next steps. The CRCT can also engage with Human Resources Operations Directors or other offices/ departments about necessary interim measures to protect the Parties or the confidentiality and integrity of an investigation, as needed.    

G. Determination Panel (or Panel)

A panel of three (3) or five (5) trained individuals, one of whom is the Chair. Each Panel must include a representative from the Office of University Engagement and Enrichment (OEE) and a representative from Human Resources [3]. If the investigation involves one or more parties who are faculty members, the Panel must also include at least one faculty member who does not hold an administrative appointment, defined as a position at the rank of associate dean or equivalent, or higher. If the investigation involves both faculty and staff as Parties, the fifth member of the Panel must be a staff member. For a Panel of five, the Chair has discretion to select the two additional Panel members from a pool of trained faculty and staff members. The Panel will review an investigation report and be afforded access to the related investigation record to make a decision whether or not this Policy has been violated. Determination Panel Chairs and members will be trained annually on both the process described in this Policy and on Discrimination and Harassment.

[3] When the Respondent works in either OEE or HR, an appropriate trained individual within OEE and/or HR and without a conflict of interest will be selected to serve, or another trained staff member will be chosen to serve on the Panel instead of a representative from OEE or HR.  An OEE or HR representative appointed to a Panel may recuse themselves if unable to serve impartially.

H. Determination Panel Chair

The Determination Panel Chair convenes deliberations sessions for a specific matter and is selected based on the chart provided in Section VIII below. The default Panel Chair has discretion to assign the matter to a designee as described further in Section VIII. If a five-member Panel is desired (or, in the case of a faculty Respondent, required), the Chair has discretion to choose the two (2) additional members.

I. Appeal Panel

A panel of three (3) decision-makers, consisting of the relevant Chair (or designee) identified in Section IX(D) below, a representative from OEE, and a representative from Human Resources.  The Appeal Panel will review the investigation report, the Determination Panel’s written determination, and any additional investigation file materials deemed necessary to determine whether there is a basis to grant the appeal.  Appeal Panel members will be trained annually in both the process described in this Policy and on Discrimination and Harassment. 

J. Senior Leader

For the purposes of this Policy, the provost, a vice president, dean, director, chief or chair.

K. Appeal Panel Chair

Appeal Panel Chairs are determined as described in Section IX(D) below. The Appeal Panel Chair convenes deliberation sessions for a specific matter.

L. Business Day

Timelines in this policy are measured in Business Days. A Business Day means Monday through Friday, excluding holidays recognized by the University.

Prohibited Conduct

A. Discrimination

Discrimination involves an adverse action or decision, or treating a person or group of people differently, because of a Protected Characteristic or because of perceived or actual affiliation/association with other individuals in a Protected Characteristic. To rise to the level of discrimination, there must be evidence of intention connected to the adverse action, decision or different treatment. 

Evidence of intention may be inferred from an individual’s continued Harassment (as defined below) despite having been asked to stop the verbal, written, physical or electronic conduct or having been advised that the conduct is harassing, and thus could rise to the level of Discrimination. 

B. Harassment

Harassment is a form of Discrimination that involves verbal, written, physical or electronic conduct that is:

1. unwelcome;
2. based on the Protected Characteristic(s) of the person subject to the treatment; and
3. rises above the level of what a reasonable person would consider more than a petty slight or trivial inconvenience. A reasonable person is a person with the same Protected Characteristic who is subject to Harassment.

Not intending to harass is not a defense.

Harassment, including sexual harassment, can occur between any individuals regardless of their sex, gender or membership in any Protected Characteristic. Harassers can be a superior, subordinate, coworker, faculty member or any category of Covered Individual as defined in the Scope section above.

In some cases, an individual who has not personally been subjected to unlawful harassment based on their Protected Characteristic may feel harassed or experience a hostile work environment due to witnessing or being exposed to harassing comments or conduct based on a Protected Characteristic when the comments or conduct is directed to others who share the individual’s same Protected Characteristic. 

Unlawful harassment can occur when employees work remotely. It can also occur while traveling for University business or at University sponsored events or parties. Calls, texts, emails, and certain social media usage by employees can constitute unlawful workplace harassment toward another employee, even if they occur away from the workplace premises, on personal devices or during non-work hours.

In general, interactions between co-workers or colleagues outside of the workplace, including voluntarily gathering socially or for other non-work purposes at a location outside of work, even if immediately following a work event, are not covered by this Policy. However, if there is an articulable relationship to the workplace or stated impact in the workplace, such conduct may be covered by this Policy. As an example, out-of-work conduct may create an impact in the workplace if those involved have a supervisory relationship or a power differential is present. If some conduct is alleged to have also occurred in the workplace, this Policy will apply. See Appendix A for examples of behavior that could be Harassment in violation of this Policy.

Sexual harassment

Sexual harassment is also a form of prohibited harassment. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender [4]. Sexual harassment is not limited to sexual contact, touching or expressions of a sexually suggestive nature; indeed, sexual harassment may include gender-role stereotyping and treating employees differently because of their gender.

Sexual harassment may involve unwelcome sexual advances or requests for sexual favors or other verbal or physical acts/conduct of a sexual or sex-based nature when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic success;
2. submission to or rejection of such conduct by an individual is used as the basis for an employment or academic decision affecting such individual; or
3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creates an intimidating, hostile or offensive working or academic environment.

Sexual harassment can violate this Policy when it rises above a petty slight or trivial inconvenience from the standpoint of a reasonable person in the same Protected Characteristic who has been subject to Harassment or Discrimination. Each instance of harassment is unique to those experiencing it, and there is no single boundary between petty slights or trivial inconveniences and harassing behavior. This Policy is violated when an employee or Covered Individual is treated worse to a degree that is more severe than a petty slight or trivial inconvenience because of gender, sexual orientation, self-identified or perceived sex, gender expression, gender identity or the status of being transgender.[5]  

In some cases, allegations of Sexual Harassment may rise to the level of a potential Title IX violation. In that situation, the Civil Rights Compliance Team will refer the matter to the Title IX Office, and the grievance process explained in the Title IX Policy will apply.

Sexual assault

Sexual assault is a form of Sexual Harassment prohibited by this Policy, Title IX, and applicable federal and state law.  Sexual assault includes rape, fondling, incest, and statutory rape. The University is required to address allegations of sexual assault through the Title IX grievance process. See Appendix B for examples of behavior that could be considered Sexual Harassment that is not Sexual Assault.

C. Retaliation

Retaliation is an action taken by the University or a member of the University community that would dissuade a reasonable person (an employee or other member of the University community) from engaging in a protected activity.

An action is retaliatory if it is taken because the individual has engaged in protected activity. Protected activity can include, but is not limited to:

1. personally complaining of or opposing perceived Discrimination or Harassment because of a Protected Characteristic;
2. testifying, assisting or participating in an investigation, proceeding, hearing or legal action involving a claim of Discrimination or Harassment based on a Protected Characteristic; or
3. exercising rights under a relevant law that involves a Protected

See Appendix C for examples of behavior that could be Retaliation in violation of this Policy.

[4] As noted in footnote 1, New York state law defines gender identity, gender expression, and the status of being transgender as Protected Characteristics.

[5] See footnotes 1 and 4.

IV. Reporting

The University strongly encourages members of the University community to report Discrimination, Harassment, and/or Retaliation. This includes members of the University community who feel that they have experienced behavior that violates this Policy, who witness such behavior (as a bystander) or become aware of conduct that they believe could violate this Policy.

A. Reporting Options

There are several options to report behavior that may violate this Policy:

• directly to the Civil Rights Compliance Team as explained on the first page of this Policy;
• verbally or in writing to an individual’s department chair, dean, director, manager or immediate supervisor;
• an HBRP or the Office of Human Resources; or
• the Office of Counsel

To the extent possible, the University will work to minimize the number of times an individual will be required to explain the basis of their report or their response to a report, consistent with best practices. Individuals who receive a report should not ask probing questions about the concern, but rather should gather sufficient information about the concern and the related Protected Characteristic to make a report to the Civil Rights Compliance Team.

Individuals uncertain of their reporting obligations under this Policy are encouraged to report consistent with University values and should contact CRCT if they could be a mandatory reporter under this policy.

When an employee reports PADH-covered allegations through a different policy or process, the report should be referred to the Civil Rights Compliance Team for evaluation of appropriate next steps.

Questions about making a report may be directed to the Civil Rights Compliance Team at PADH@Rochester.edu

B. Mandatory Reporting by Managers, Supervisors, and HRBPs

Management and supervisory personnel and Human Resources Business Partners are required to report to the Civil Rights Compliance Team when they (1) observe Discrimination, Harassment or Retaliation that may be covered by this Policy or (2) receive or learn of reports or concerns of Discrimination, Harassment or Retaliation that may fall within this Policy. 

Management and supervisory personnel include:

• Any employee having supervisory responsibility over employees, including student employees and faculty members
• All faculty
• Engagement and Enrichment Officers;
• Principal Investigators on a grant or contract;
• Individuals who have been designated as a Campus Security Authority pursuant to the Clery Act;
• Deputy Title IX Coordinators; and
• Individuals who work in any of the following departments/offices:
• Department of Public Safety
• Student Life
• Department of Residential Life

Compliance with this reporting obligation includes promptly reporting the concern to the Civil Rights Compliance Team, providing all known details—including names of those involved—and cooperating with and providing requested information to enable an analysis of the appropriate next step. “Promptly” typically means within forty-eight (48) hours of learning of or observing behavior that may violate this Policy. Management and supervisory personnel who are made aware of a potential PADH concern should not disclose the information except in connection with submission of a report to the Civil Rights Compliance Team. 

Failing to report contributes to and allows the continuation of behavior that a University community member considers to be discriminatory, harassing or retaliatory. Accordingly, there may be an investigation into a failure to report and, at minimum, Mandatory Reporters who fail to promptly report should expect to be subject to corrective action for non-compliance with this reporting obligation.

C. Confidential Employees

Unless an exception requiring disclosure applies, information disclosed to University employees while they are serving in a privileged professional capacity (mental health counselors, social workers, physicians, clergy, medical providers, and rape-crisis counselors) is subject to the employee’s professional confidentiality obligations. In other words, when serving in their professional capacity, confidential employees may not be required to report under this Policy, even if they are also a supervisor.

University faculty, staff, and students may also consult with the Ombuds, which will remain confidential to the maximum extent permitted by law.

D. Reporting Timelines

Reports must be submitted within three (3) years of the alleged Discrimination, Harassment or Retaliation. When a report is timely made, the University will investigate an alleged pattern of discriminatory, harassing or retaliatory behavior, and may investigate acts that are alleged to have occurred more than three (3) years prior to the most recent discriminatory, harassing or retaliatory act.

V. University’s Rights as an Employer Pending PADH Investigation

When a report that alleges Protected Characteristic Discrimination or Harassment also reflects potential violation(s) of another University policy or policies, the University reserves the right to separately evaluate and act on the other policy violation(s)—including a separate investigation or more immediate corrective action—even as the pending investigation into PADH concerns proceeds. In certain circumstances, corrective action based on other University policies may result in a decision not to proceed with a PADH investigation.

With respect to Parties and other persons involved in a pending PADH investigation, the University is not prohibited, because of the pendency of an investigation, from taking other action regarding employment status if and as indicated in the Faculty Handbook, relevant Human Resources policies, and/or as otherwise indicated or required by law or obligations imposed by external agencies.

Employment actions taken during a PADH investigation do not create an inference of retaliation; however, allegations of retaliation will be reviewed and, if appropriate, addressed.

VI. Initial Assessment

Upon receiving a report, the Civil Rights Compliance Team will conduct an initial assessment to determine the appropriate next step. In general, there are three paths to resolving a report.

A. Referral for Action Pursuant to Different Policy, by Human Resources or Manager/Leader

A report will be referred for action by Human Resources or the relevant manager, supervisor or leader when the report:

• does not allege a Protected Characteristic or related Retaliation;
• does not include concerns or information that can be connected to Harassment or Discrimination based on a Protected Characteristic or related Retaliation, but instead is based on a speculative connection to a Protected Characteristic;
• is in the nature of unfair or unprofessional behavior, interpersonal conflict, etc.; and/or
• may violate other workplace policies.

Matters referred on the basis that they do not implicate this Policy may be handled according to other applicable policies and processes, which may include an investigation. This type of referral is, in effect, a closure of the PADH report and process, as described further in Section VII.

B. Referral for Alternative Resolution

When the report alleges conduct that may violate the PADH but the Civil Rights Compliance Team has concluded that the concern can be effectively and efficiently addressed without conducting a full investigation, the Team will seek approval from the Senior Vice President and Chief Human Resources Officer (or designee) or the Vice President for Engagement and Enrichment (or designee) to refer the matter for alternative resolution. Approval will also be pursued when the involved parties agree to alternative resolution. 

As an example, absent a pattern of similar reports identifying the same Respondent, a report alleging a single comment based on or connected to a Protected Characteristic will most likely be referred for alternative resolution.

For staff, alternative resolutions are typically handled by the Lead Employee Relations Advisor, or the appropriate HRBP or manager/supervisor/leader. For faculty, alternative resolutions may be handled by the Faculty Professionalism Committee, Faculty Professionalism Academic Committee, a dean or other appropriate administrative personnel.

The method of alternative resolution will be determined by the appropriate employee, manager or leader identified above based on the unique circumstances of each case, including the allegations, the Parties, and other factors that may come to light as the situation is addressed. Examples of possible methods of alternative resolution include coaching, education, mediation, restorative practices or disciplinary action. The Office of University Enrichment and Engagement may provide support for alternative resolutions upon request.

Resolving a report through alternative resolution will be considered as an option throughout the PADH process.

C. Investigation

When a matter is deemed appropriate for investigation, the Civil Rights Compliance Team will conduct a thorough and impartial investigation as described below. 

It is possible that, after some investigation has been conducted, the CRCT will determine that the matter is appropriate for alternative resolution or for other further action, including pursuant to a different University policy. In that event, the appropriate approval will be obtained, and the parties will be notified that the matter has been referred, or a PADH report may be closed with no further action (discussed further below).

VII. Investigation Process

The investigation will typically include interviews with the Parties and Witnesses identified by the Parties or the investigator, along with gathering any relevant documents (emails, text messages, calendars, photos, videos, etc.). Parties and Witnesses are expected to provide truthful information in accordance with University values and policies.

In order to proceed with the steps described in this Policy, a Respondent must be identified by a Reporter or Complainant, or there must be sufficient information provided for the investigator to take steps to identify the Respondent.

A. Investigator Outreach to/Interview of Complainant(s)

An investigation begins with investigator outreach to the Complainant(s) to schedule a meeting to learn more about their experience and concerns. Complainants are expected to respond promptly to investigator outreach, including making themselves available for an interview within ten (10) Business Days after initial contact. When the Complainant provides the investigator information about extenuating circumstances [6] that prevent them from meeting within ten (10) days, this timeline may be extended at the discretion of the investigator.

[6] As used in this Policy, “extenuating circumstances” should be interpreted to include medical and other leaves of absence, vacations, and any other circumstance that results in a Party’s extended absence from the academic setting or the workplace.

After meeting with a Complainant, the investigator will draft and share with the Complainant a summary of their allegations for comment, to ensure accuracy and completeness. 

When a Complainant has not responded to the investigator’s meeting request, has not agreed to meet within the ten-day period (absent extenuating circumstances), and/or has not timely responded to the allegations shared by the investigator, then:

• the investigator will send a meeting request to the Respondent if the report includes sufficient information to provide the Respondent meaningful notice of the allegations; or
• no further action will be taken and the PADH investigation will be closed if the report does not provide sufficient information to enable the investigator to provide the Respondent meaningful notice of the allegations.

If the investigator determines circumstances may need further attention by the University, a report may be referred for alternative resolution or for action pursuant to other applicable University policies.

B. Investigator Outreach to/Interview of Respondent(s)

Respondents are also expected to respond promptly to the investigator’s request to meet, including making themselves available for an interview within ten (10) Business Days after initial contact. When the Respondent provides the investigator information about extenuating circumstances [7] that prevent them from meeting within ten (10) days, this timeline may be extended at the discretion of the investigator.

[7] As used in this Policy, “extenuating circumstances” should be interpreted to include medical and other leaves of absence, vacations, and any other circumstance that results in a Party’s extended absence from the academic setting or the workplace.

When the investigator makes initial outreach to the Respondent(s), they will share the name of the Complainant(s) and the allegations, so that the Respondent(s) has time to prepare before the meeting. Allegations may be added during the course of an investigation; in that event, the Respondent will be provided an updated list of allegations and offered an opportunity to respond.

C. Witnesses

Witnesses are expected to comply with investigator requests to meet as part of a PADH investigation. Witnesses can request to remain anonymous from the Parties and/or the Determination Panel and Appeal Panel. If a Witness does not respond to investigator outreach, their supervisor will be engaged to facilitate the Witness’s appearance for an interview (discussed further below).

Witnesses who share information in the nature of their own concerns about a Respondent may be notified of the option to pursue their own PADH report.

Parties and Witnesses will be reminded that Retaliation is prohibited.

Questions about what to expect as part of an investigation may be directed to the Civil Rights Compliance Team at PADH@Rochester.edu.

D. Support Persons

Investigations conducted under this Policy are strictly internal. Parties may have a Support Person present during any part of their participation in the process.  Investigators will include Support Persons on invitations to interviews, and a Party may request that Support Persons be included on other communications as well.

During an interview, a Support Person is permitted to provide quiet support to a Party, but may not speak on their behalf or intervene/interfere. A Party should request a break to seek support or to confer with their Support Person, and private space will be provided.  

Investigators will not interact directly with the Support Person about substantive or procedural matters related to the investigation. 

E. Supervisor Responsibilities in PADH Investigations

Any University employee with supervisory responsibility is required to cooperate with PADH investigations including, but not limited to, responding promptly to requests for participation in interviews and making themselves available for interviews during business hours at all times when they are not on leave. Supervisors are also required to provide assistance to the Civil Rights Compliance Team by making sure that, promptly upon request, Parties and Witnesses who are employees are allowed time during business hours to participate in interviews as a matter of priority for the unit they supervise.

F. Interim Measures

The University has the right to implement an interim measure(s) during an investigation to protect individuals or the working, learning, patient care or living environment, or to protect the confidentiality and integrity of the PADH process. Interim measures may include, but are not limited to:

• placing persons on temporary leaves of absence
• exclusion from programs and/or facilities
• altering working, learning, patient care or living arrangements

When deemed appropriate, the investigator will notify the Party of the availability of interim measures. When a Party requests an interim measure during their interview or in another communication with the investigator, or the CRCT identifies a potential need for an interim measure, that request or recommendation will be communicated to the relevant Human Resources Operations Director, who will facilitate discussions with appropriate administrative personnel. When staff is an involved Party, the HRBP will also be included on this communication and may work directly with the manager/leader/ supervisor to evaluate and decide and implement the appropriate interim measure(s). When faculty is an involved Party, the dean or the appropriate faculty leader in the medical center will be consulted to determine and implement a feasible interim measure. The HR Operations Director will strive to ensure the interim measure is in place no later than seven (7) Business Days from the CRCT’s notice to the HR Operations Director of the requested or recommended interim measure. 

When the relevant Human Resources Operations Director is the Respondent, the CRCT will identify another appropriate individual to whom to send the recommendation that an interim measure be evaluated and/or implemented.

In general, interim measures will extend through the duration of the PADH process, and may extend beyond the conclusion of the process.

G. Investigation Reports & Parties’ Opportunity to Review and Respond

After the investigator considers the investigation complete, the Parties will be provided electronic access to a draft investigation report. The draft investigation report includes a summary of investigation steps and sources of information, and synthesizes all relevant evidence (Party and Witness testimony, other information, and documents) gathered during an investigation. The draft report will not include Witness names and may include redactions of personally identifiable information based on laws including, but not limited to, FERPA and HIPAA.

The Parties will have a five (5) consecutive Business Day period to review the draft report and, if desired, submit a written response directly to the investigator. Requests for reasonable accommodations to review the report will be honored. The written response may not exceed five (5) pages and must be double-spaced, in twelve (12) point Times New Roman font, with one-inch margins. The investigator will consider any Party feedback and determine whether further investigation is required before finalizing the investigation report. The Parties’ written responses will be included in the investigation record and, at the investigator’s discretion, some information from Party responses may be incorporated into the final investigation report.

The final investigation report includes a summary of investigation steps and sources of information, synthesizes all relevant evidence gathered during an investigation, and sets forth the investigator’s findings of fact based on a preponderance of evidence standard, meaning an assessment of what more likely than not occurred based on the evidence in the record.

When exercising their opportunity to review the draft investigation report, Parties should remain mindful of this Policy’s prohibition on Retaliation.

H. Timing

The Civil Rights Compliance Team strives to complete investigations within fifty (50) Business Days of the investigator’s initial outreach to a Complainant. The duration of an investigation depends on several factors, including but not limited to the number of Parties and Witnesses, the scope of the allegations and whether additional PADH allegations are made during the investigation, the responsiveness of Parties and Witnesses to meeting requests and other opportunities to participate in the process, and the volume of relevant documents and other evidence submitted. In other words, some investigations may be completed in one month while others may require a longer time to conduct a thorough and complete investigation. The CRCT will remain mindful of the overall timeline and provide status updates to the parties during the course of the investigation.

I. Next Step After Investigation

There are several options for next steps at the conclusion of an investigation:

• Close the investigation or refer for action pursuant to other University policies on the basis that no allegations of Protected Characteristic Discrimination or Harassment were supported by a preponderance of the evidence as determined by the investigator, and with approval from the AVP for Civil Rights Compliance.
• Seek appropriate approval to refer for alternative resolution on the basis that only one allegation of Protected Characteristic Discrimination or Harassment was supported by a preponderance of the evidence and any remaining allegations are appropriate for more timely further action.
• Initiate the decision-making process by providing the final investigation report and access to the investigation record to the Chair of a Determination Panel. When there are multiple reports regarding the same Respondent or Respondents, the same Determination Panel may be convened to decide all matters involving that Respondent(s). Decision-making procedures are described further in the next section.

VII. Decision-making Process

The Determination Panel Chair will be selected based on the table below, and then will select the other members to convene a three- or five-member [8] Panel.  The default Determination Panel Chair has discretion to appoint a designee of similar rank to serve as Chair. Together, the Determination Panel will make decisions regarding whether or not the factual findings related to the allegations of Protected Characteristic Discrimination, Harassment, and/or Retaliation amount to a violation of this Policy.

As required by New York State Law, reports against Officers of the University are overseen by the Audit Committee of the Board of Trustees, which may determine it is appropriate to address a report using a process different from that applicable to Determination Panels and Appeal Panels under this policy.

Complaint Against:	Panel Chair will be:
A faculty member or discrimination concerns involving a faculty process	Dean of School where Respondent holds primary appointment or where the challenged process resides
Staff employee in a School or College	Dean of the Respondent’s School or College
Staff employee – River Campus Libraries	Vice Provost and Dean of the Library
Staff employee – Laboratory for Laser Energetics	Director of the Laboratory for Laser Energetics
Staff employee – Memorial Art Gallery	Director of the Memorial Art Gallery
Staff employee – Strong Memorial Hospital	Chief Executive Officer of Strong Memorial Hospital (or designee)
Staff employee – Central Administration	Vice President of the Respondent’s division/unit (or designee)
Postdoctoral Fellow or Associate	Equivalent of the Dean of Graduate Studies of the Respondent’s School
Dean of School or College	Provost
Officers and Trustees of the University	To be determined by the Audit Committee or the Board of Trustees [9]
Covered Individual (non-hospital)	Senior Vice President for Finance & Administration (or designee)
Covered Individual in Strong Memorial Hospital	Chief Executive Officer of Strong Memorial Hospital (or designee)

A. Notification of Panel Members & Opportunity to Object

After the Determination Panel is assembled and before the Panel meets, the Parties will be notified of Panel membership. Within two (2) Business Days of this notification, a Party who has concerns about a conflict of interest or any Panel member’s ability to serve impartially may submit a brief writing to the Panel Chair explaining their concerns. The Panel Chair will evaluate these concerns and decide whether to replace the Panel member. If the stated concern is about the Panel Chair, another member of the Panel will evaluate and decide. In the event there is a determination the Panel member can proceed, only the Party who stated an objection will be notified in writing. In the event there is a determination that the Panel member should be replaced, both/all Parties will receive written notice of the new Panel member. When such concerns are raised, the timeline for releasing a decision regarding a Policy violation is paused until a final determination on a Panel member’s alleged conflict of interest or inability to serve impartially.

B. Deliberations

To make their determination, the Panel will be provided the final investigation report and the Parties’ responses to the draft report, if any, and will have access to the investigation record. The decision-makers will apply the relevant policy provisions to the investigator’s findings of fact to determine whether this Policy was violated based on a preponderance of the evidence. Panel decisions must be approved by a majority. If a violation of this Policy is found, the Panel will identify the appropriate remedial measures consistent with University policy and practice.

Personnel who serve on a Panel will keep confidential any information revealed in the materials provided for their deliberations, consistent with University policy.

C. Timing of Written Decision

The Panel will typically issue a written decision within twenty (20) Business Days after the Panel’s first meeting. The Panel Chair has discretion to extend this timeline. The written decision sent to the Parties will include a summary of the findings of the investigation, and will include a conclusion as to whether a Respondent violated the Policy and whether corrective action is warranted.

The relevant HR Operations Director will be copied on the Determination Panel’s decision.

D. Possible Outcomes of Panel Determinations

When a Respondent is found to have violated this Policy, the Determination Panel has full authority to impose appropriate consequences [10], which are based on the specific findings of fact and violation(s). In determining the appropriate consequence, the Panel Chair has discretion to consult with the relevant Senior Leader, the Senior Vice President and Chief Human Resources Officer, and/or the Vice President of Engagement and Enrichment. Disciplinary, remedial or corrective measures imposed on faculty and staff Respondents can include, but are not limited to:

• Termination
• Demotion
• Presentation to the University Committee on Tenure and Privileges for revocation of tenure or abrogation of contract [11]
• Non-renewal of contract
• Reassignment/change in assignment
• Reduction in compensation or withholding a salary increase or other resources
• Revocation or suspension of clinical privileges
• Revocation of administrative duties or assignments
• Documentation of violation and consequences in faculty/employee file
• Mandatory training
• Supervision or ongoing monitoring
• Suspension without pay
• Written discipline
• Reporting a violation of this Policy to the appropriate grant making or licensing authority, if required

When the Respondent is a Covered Individual, consequences may include a ban from University properties and/or limitations on access to University properties.

A finding that conduct did not violate this Policy does not preclude the University from requiring remedial measures, including but not limited to requiring mandatory training or coaching. Similarly, the University may find that certain non-disciplinary educational opportunities (such as training or mentoring sessions) are warranted.

When there is a determination that this Policy was not violated but 1) the conduct is significant enough to warrant a next step or 2) the investigation revealed conduct that violated another University policy or rule, the University has discretion to take disciplinary, remedial or corrective measures. In addition, notwithstanding the resolution through a Panel determination, if conduct is alleged or revealed in an investigation that may violate another University policy or rule, the University may initiate a separate investigation or review that could result in disciplinary, remedial or corrective measures based on that conduct.

Parties have the opportunity to appeal the decision of the Determination Panel. The appeal process is described below.

[8] When a faculty member is a Party, a five-member Determination Panel will be convened to ensure the presence of at least one faculty member without an administrative appointment.

[9] As provided in the University’s Code of Conduct, the Audit Committee has discretion to determine the process for investigating and responding to reports about University Officers and Trustees.  The Audit Committee may direct that an investigation and decision-making proceed in accordance with this Policy or may determine an alternative process is appropriate.

[10] Disciplinary measures regarding faculty are recommendations to be considered through the process set out in the Faculty Handbook rather than imposed by the Determination Panel. 

[11] When this outcome is determined appropriate, the tenure revocation process outlined in the Faculty Handbook will be initiated.

IX. Appeals

A. Appeal Grounds

Parties may submit a written appeal on one or more of the following grounds:

1. newly discovered evidence not previously available to the Party that could change the outcome of the Determination Panel’s decision;
2. material defects in the process leading to the Determination Panel’s decision that could change the outcome of the decision; or
3. severity or appropriateness of the imposed corrective action.

Importantly, appeals are not for the purpose of having a second investigation, or revisiting the rationale for the investigator’s findings of fact or the rationale for the Determination Panel’s decision regarding a Policy violation, unless the Party’s appeal arguments fall within one of the appeal grounds.

B. Access to Final Investigation Report; Appeal Timeline & Format

Parties can request electronic access to the final investigation report to decide whether to appeal or to inform the content of their appeal. Electronic access to the final investigation report will be afforded for three (3) consecutive Business Days. Requests for reasonable accommodations to review the report will be honored.

Appeals must be submitted in writing to the Appeal Panel Chair (or designee) identified in the Determination Panel’s decision letter within ten (10) Business Days of the letter’s release. This timeline will be extended only in extenuating circumstances [12] explained in a writing the Party submits to the Appeal Panel Chair before the appeal deadline. The decision to extend the deadline is at the Chair’s discretion.

[12] As used in this Policy, “extenuating circumstances” should be interpreted to include medical and other leaves of absence, vacations, and any other circumstance that results in a Party’s extended absence from the academic setting or the workplace.

Appeal submissions are limited to five (5) pages, double-spaced, in twelve (12) point Times New Roman font, with one-inch margins. 

C. Notification to Parties Regarding Appeal Submissions

When the appeal timeline expires, the Parties will be notified whether any appeal was submitted or that the deadline to appeal has expired and no appeal was submitted. Notification to a non-appealing Party that the other Party has appealed does not extend the timeline for the non-appealing Party to submit their own appeal. 

D. Appeal Panel Chair & Membership

In general, when the Respondent is:

• A staff member or Covered Individual (e.g. visitor, patient or contractor): the Chief of Staff to the President, or their designee, will serve as Appeal Panel Chair
• A faculty member: the Provost or designee will serve as Appeal Panel Chair

Upon receipt of an appeal, the Appeal Panel Chair will appoint two other members, but the Panel will not meet before the Parties’ timeline for appeal has passed. The Appeal Panel may not include any members of the Determination Panel.

E. Appeal Panel Deliberations and Actions

To make its determination, the Appeal Panel will have access to the final investigation report, Party responses to the draft investigation report, the Determination Panel’s decision letter, and any investigation file materials they deem necessary to decide the appeal.

Appeal Panels may take the following actions:

1. Affirm the Determination Panel’s decision
2. Remand to the original investigator and/or Determination Panel to review new evidence, alleged process error or for specific actions
3. In matters alleging conflict of interest or an inability to serve impartially, send to a new investigator or Determination Panel
4. Modify the assigned corrective action or discipline

F. Timing & Content of Written Decision

In general, the Appeal Panel Chair will issue a written decision no later than twenty (20) Business Days after the Appeal Panel first meets. The Appeal Panel Chair has discretion to extend this timeline.

The Parties will be provided the same notice when the Appeal Panel takes an action described in 1, 2 or 3 above. The Appeal Panel’s decision is final. The relevant HR Operations Director will be copied on the Appeal Panel’s decision.

X. Notification to Relevant Leader & Responsibility for Next Steps

After an Appeal Panel decision upholding a Panel Determination or the period to appeal has expired with no appeal having been filed, the appropriate administrative personnel, including the relevant Human Resources Operations Director, will be provided the final determination to the extent that there is a finding of a policy violation or assigned next steps, even if there is no policy violation. 

The HR Operations Directors will facilitate and track completion of the next steps required by the determination.

XI. Confidentiality

The University will take reasonable steps to protect the privacy of Parties and Witnesses. The Parties remain free to share their own experiences, but it is generally advisable to limit the number of people in whom they confide. Parties, Witnesses, and Support Persons will be advised that disclosing information about the report or investigation has the potential to compromise the integrity of the investigation, cause disruption to working, learning, and living environments, affect perceptions and memories of events and, in certain circumstances, might be construed as Retaliation against a participant in the investigation. As noted above, Retaliation is a violation of this Policy.

HR Operations Directors and other appropriate administrative personnel will be notified of PADH reports made to the Civil Rights Compliance Team, and/or when there is a need to determine an interim measure(s).

Except as noted in Section X, the result of the determination process will be shared only with the Parties, and not with Witnesses or the Reporter (if someone other than the Complainant). However, in consultation with the Office of Counsel, the President, the Civil Rights Compliance Team or the Panel Chair may disclose the report or other information obtained during the investigation as required by law or regulation or as otherwise appropriate.

The University retains the right to engage in aggregated, anonymized reporting relating to this Policy.

XII. Recordkeeping

When this process results in a determination that this Policy has been violated and counseling, discipline or other remedial/corrective action has been assigned (not including recommended educational opportunities), the Determination Panel decision (and, if applicable, Appeal Panel decision) will be placed in the Respondent’s personnel file in Human Resources (for staff) or in the Provost’s Office (for faculty). When applying for another role at the University, a Respondent may be asked whether they have been found responsible for a violation of this Policy and, in that case, will be provided an opportunity to explain.

When there is no finding of a Policy violation, but the University takes other disciplinary, remedial or corrective action (not including recommended educational opportunities) based on information learned during the course of an investigation, documentation regarding such measures will be placed in that individual’s personnel file in Human Resources (for staff) or in the Provost’s Office (for faculty), and a copy may be provided to that individual’s supervisor, chair, and/or dean, as appropriate. 

The complete record of a PADH matter, including a copy of any Determination Panel and/or Appeal Panel decision, will be maintained by the Civil Rights Compliance Team. Accordingly, records of reports and any remedial action taken must be provided to the Civil Rights Compliance Team.

XIV. Parallel Investigations

Subject to applicable privacy and confidentiality laws, nothing in this Policy prevents joint investigations and/or information sharing between the Civil Rights Compliance Team and another unit/department/area of the University with their own legal or other obligation to investigate allegations that also are the subject of a pending PADH investigation. To the extent another investigation draws a conclusion regarding Discrimination, Harassment or Retaliation based on a Protected Characteristic, the conclusions reached in the PADH investigation will supersede, unless the Senior Vice President and Chief Human Resources Officer and/or Vice President for Engagement and Enrichment concludes that the outcome of the other investigation(s) should take precedence.

XIV. Additional Notices to Employees Required by New York State

New York State requires that employers provide employees, applicants, contractors, and other persons conducting business with the employer with information regarding legal protections and external remedies regarding claims of sexual harassment. This information is set forth in Appendix D.

While a Complainant does not need a private attorney to file a complaint with a governmental agency or with a court, Complainants may seek the legal advice of an attorney. The Office of Human Resources, the Office of the University Ombuds, the Office of Counsel, the Office of University Engagement and Enrichment, and Associate Vice President for Civil Rights Compliance, and/or Director of Civil Rights Investigations can answer questions about this Policy, and ordinarily no University employee or representative can provide legal advice to any Complainant, Respondent or Witness.

Appendices

Appendix A: Examples of behavior that could be considered Harassment

Behaviors based on a Protected Characteristic that could constitute Harassment or lead to complaints of Harassment include, but are not limited to:

• Physical violence, threats of physical violence, physical intimidation or stalking;
• Displays of demeaning material in the workplace, including displays on workplace computers, social media, cell phones or any other area visible to other members of the University community, such as:
  • Images, pictures, posters or objects; for example, demeaning cartoons, dolls or artifacts; or
  • Text, graffiti or written messages of intimidation such as epithets, slurs or threats;
• Other behaviors, such as demeaning jokes, derogatory statements, epithets or slurs or stereotyping activities;
• Microaggressions, such as assuming intelligence based on sex or race, or comments such as “Where are you really from?” or assuming a person will take meeting notes because of their sex;
• Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform their job;
• Commenting about an individual’s physical characteristics, clothing or lifestyle in a manner that demeans an individual based on their membership in a Protected Characteristic;
• Sabotaging an individual’s work because of the individual’s membership in a Protected Characteristic; or
• Bullying, yelling or name-calling because of the individual’s membership in a Protected

Appendix B: Examples of behavior that could be considered Sexual Harassment falling within this Policy

Behaviors that could constitute sexual harassment or lead to complaints of Sexual Harassment include, but are not limited to:

• Physical acts of a sexual nature, such as:
  • Unwanted and intentional touching, pinching, patting, kissing, hugging, grabbing, brushing against another person’s body or poking another person’s body or
• Sexual advances or propositions that are unwanted, such as:
  • Requests for sexual favors accompanied by implied or overt threats/promises that an individual’s refusal or willingness to submit will impact the individual’s status, wages, advancement, performance evaluation, promotion or other benefits (such as gift-giving) or detriments (this may also be Title IX behavior);
  • Subtle or obvious pressure for unwelcome sexual activities;
  • Sexual flirtations (including leering or ogling, or pressure to engage in social interactions); or
  • Sexually oriented gestures, noises, remarks, jokes or questions and comments about a person’s
• Display of sexual or sexually demeaning material anywhere in the workplace, including but not limited to pictures, posters, calendars, graffiti, objects, text or other materials that are sexually demeaning or pornographic. This includes displays on workplace computers, cell phones or any other area visible to other members of the University
• Sex stereotyping, which happens when an individual’s conduct or personality traits are assessed based on another’s ideas or perceptions about how a particular gender should look or act, which may include remarks about an individual’s gender expression or requesting that an individual take on traditionally gendered roles.
• Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity or expression, including transgender and gender expansive identities [13], either in person or through other means, such as:
• Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job because of the individual’s sex;
• Making comments about an individual’s body, clothing or lifestyle that have sexual implications or demean the individual’s sexuality or gender;
• Sabotaging an individual’s work because of the individual’s sex;
• Bullying, yelling or name-calling because of the individual’s sex;
• Intentional persistent and disparaging misuse of an individual’s preferred pronouns; or
• Creating differing expectations for individuals based on their perceived identities.

[13] As noted elsewhere in this Policy, New York Human Rights Law section 296 recognizes a spectrum of gender identities and requires New York State employers and educational institutions to prohibit and respond to discrimination and harassment based on gender identity or expression.

Information about Gender Diversity from NYS Model Sexual Harassment Policy

Understanding gender diversity is essential to recognizing sexual harassment because discrimination based on sex stereotypes, gender expression and perceived identity are all forms of illegal discrimination. While the gender spectrum is a nuanced continuum, the three most-common ways people identify are cisgender, transgender, and non-binary. A cisgender person is someone whose gender aligns with the sex they were assigned at birth. Generally, this gender will align with the binary of male or female. A transgender person is someone whose gender is different than the sex they were assigned at birth. A non-binary person does not identify exclusively as a specific gender.

“Gender identity or expression” refers to a person’s actual or perceived gender-related identity, appearance, behavior, expression or other gender-related characteristics, regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender. A person’s gender-related identity can include identifying with more than one gender or not identifying with any gender.

Appendix C: Examples of behavior that could be considered Retaliation

Depending on the circumstances, examples of Retaliation could include, but are not limited to:

• Making inquiries about whether or not an individual has engaged in protected activity or ostracizing any person who does so;
• Threats of termination, transfers, and changes in work location, poor performance reviews, the denial of a promotion or tenure, denial of job benefits, demotion, suspension or termination, denying a reasonable accommodation request, reducing hours or assignment to less desirable work shifts/locations;
• An escalation of harassing behavior in response to a complaint such as making threats of physical violence;
• Making false reports to the University or governmental authorities (e.g., law enforcement, licensing agencies);
• Threats of deportation, initiating action with immigration authorities; or
• Adverse academic actions against a student could include a reduced grade, negative recommendation, negative comments about the student at academic meetings or conferences or limiting access to an academic opportunity.

Appendix D: Additional Notices to Employees Required by New York State

New York State requires that employers provide employees, applicants, contractors, and other persons conducting business with the employer with information regarding legal protections and external remedies regarding claims of sexual harassment. Included below is language from the updated New York State Model Sexual Harassment Policy for All Employers in New York State.

Sexual harassment is not only prohibited by the University of Rochester, but it is also prohibited by state, federal, and, where applicable, local law.

The internal process outlined in the Policy above is one way for employees to report sexual harassment. Employees and covered individuals may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may also seek the legal advice of an attorney.

New York State Division of Human Rights

The New York State Human Rights Law (HRL), N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State and protects employees and covered individuals, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the New York State Division of Human Rights (DHR) or in New York State Supreme Court.

Complaints of discrimination and harassment (including sexual harassment) filed with the DHR may be submitted any time within three years after the alleged unlawful discriminatory practice(s). If an individual does not file a complaint with DHR, they can bring a lawsuit directly in state court under the Human Rights Law, within three years of the alleged unlawful discriminatory practice(s). An individual may not file with the DHR if they have already filed a HRL complaint in state court. Complaining internally to the University does not extend your time to file with DHR or in court. The three years are counted from the date of the most recent incident of harassment. You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases receive a public hearing before an administrative law judge. If sexual harassment is found at the hearing, DHR has the power to award relief. Relief varies but it may include requiring your employer to take action to stop the harassment, or repair the damage caused by the harassment, including paying of monetary damages, punitive damages, attorney’s fees, and civil fines.

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: www.dhr.ny.gov.

Go to dhr.ny.gov/complaint for more information about filing a complaint with DHR. The website has a digital complaint process that can be completed on your computer or mobile device from start to finish. The website has a complaint form that can be downloaded, filled out, and mailed to DHR as well as a form that can be submitted online. The website also contains contact information for DHR’s regional offices across New York State.

Call the DHR sexual harassment hotline at 1(800) HARASS3 for more information about filing a sexual harassment complaint.  This hotline can also provide you with a referral to a volunteer attorney experienced in sexual harassment matters who can provide you with limited free assistance and counsel over the phone.

Statement on Reproductive Health Decisions

New York State law prohibits discrimination and retaliation in employment based on an employee’s or an employee’s dependent’s reproductive health decision making, including but not limited to, the decision to use or access a particular drug, device or medical service (hereinafter “reproductive health decisions”).

It is an unlawful employment practice for an employer to access an employee’s personal information regarding their or their dependent’s reproductive health decisions without the employee’s prior informed affirmative written consent, or to require an employee to sign a waiver or other document which purports to deny an employee the right to make their own reproductive health decisions.

Any employee who believes there has been a violation of this policy should report their concern to PADH@rochester.edu. The University will investigate such reports and take appropriate remedial action. An employee may also file a private legal action and can seek remedies to the extent available under applicable law. Discrimination and retaliation against employees who exercise rights under this policy is prohibited.

United States Equal Employment Opportunity Commission

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act, 42 U.S.C. § 2000e et seq. An individual can file a complaint with the EEOC anytime within 300 days from the most recent incident of harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination has occurred. If the EEOC determines that the law may have been violated, the EEOC will try to reach a voluntary settlement with the employer. If the EEOC cannot reach a settlement, the EEOC (or the Department of Justice in certain cases) will decide whether to file a lawsuit. The EEOC will issue a Notice of Right to Sue permitting workers to file a lawsuit in federal court if the EEOC closes the charge, is unable to determine if federal employment discrimination laws may have been violated,or believes that unlawful discrimination occurred but does not file a lawsuit.

Individuals may obtain relief in mediation, settlement or conciliation. In addition, federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.

An employee alleging discrimination at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.

If an individual filed an administrative complaint with the New York State Division of Human Rights, DHR will automatically file the complaint with the EEOC to preserve the right to proceed in federal court.

Local Protections

Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment or discrimination with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 22 Reade Street, 1st Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.

Contact the Local Police Department

If the harassment involves unwanted physical touching, coerced physical confinement, or coerced sex acts, the conduct may constitute a crime. Those wishing to pursue criminal charges are encouraged to contact the University Department of Public Safety or their local police department.