Policies Against Discrimination and Harassment
Barnard College prohibits any form of discrimination, harassment, or retaliation against any individual based upon their actual or perceived membership in a Protected Class, which refers to a group of people with a common characteristic involving age, immigration or citizenship status, color, disability, sex, gender identity, marital status and partnership status, national origin, pregnancy and related conditions, race, religion/creed, height and weight, sexual orientation, status as veteran or active military service member, and any other applicable legally protected status.
Such discrimination, harassment, and retaliation are prohibited in the administration of Barnard’s educational programs, admissions, scholarship and loan programs, and other programs and functions for students. At all times, Barnard complies with Title VI and Title VII of the Civil Rights Act of 1964, Sections 503 and 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, New York State Education Law 129-B, and other New York State and local laws that prohibit discrimination.
Discrimination, harassment, and retaliation prohibited by this Policy compromise the integrity of the College and unacceptably interfere with the opportunity for all individuals to fully participate in the academic, work, and living environment at Barnard. Barnard recognizes the human dignity of each member of our community and believes that all students have a responsibility to promote respect and dignity for others and to participate in an environment where no student is discouraged from or denied an educational opportunity because of any Protected Class. The College is committed to fostering an academic, work, and living environment that is welcoming to all members of the Barnard community.
The College takes prompt and appropriate action to address such misconduct, end a hostile environment if one has been created, and prevent the recurrence of a hostile environment. The College provides prevention education programs; connection to on campus and off campus services and resources for individuals who have been impacted by gender-based misconduct, sexual misconduct, domestic violence, dating violence, and/or stalking; and equitable investigative and grievance processes that are accessible, prompt, impartial and fair. Appropriate disciplinary action may be taken against those found to have engaged in or knowingly allowed discrimination or harassment, with sanctions up to and including dismissal.
Barnard College is guided by the precept that in no aspect of its employment practices or educational programs and activities should there be unlawful discrimination against persons based on the characteristics described above. This policy is intended to further the goal that faculty, staff and students are to be able to work and study free from harassment.
Clear behavioral standards, important definitions, and descriptions of prohibited conduct are included in this policy.
Please refer to the related policies below:
Acts of alleged retaliation should be reported immediately to the Title IX Coordinator for prompt follow up. Barnard College will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation. Barnard and any member of Barnard’s community are prohibited from taking or attempting to take adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.
Filing a complaint within the Nondiscrimination and Harassment Resolution Process could be considered retaliatory if those charges could be applicable under the Formal Title IX Grievance Process, when the Nondiscrimination and Harassment Process charges are made for the purpose of interfering with or circumventing any right or privilege provided afforded within the Formal Title IX Grievance Process that is not provided by the Nondiscrimination and Harassment Process. Therefore, Barnard reviews all complaints carefully to ensure this does not happen, and to assure that complaints are tracked to the appropriate process for the circumstances.
The exercise of rights protected under the First Amendment does not constitute retaliation. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.
In compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) the College records and reports certain information about campus safety, including the number of incidents of certain crimes on or near campus, some of which constitute sex and gender-based misconduct investigated under these procedures. The Title IX Coordinator works closely with Community Safety to ensure such incidents are captured for statistical reporting purposes while protecting the identity of the victim of such crimes. These notifications may include the classification and location of the reported crime but do not identify the students involved. The Clery Act also requires the College to issue a “timely warning” when it receives a report of certain crimes that pose a serious or continuing threat to the community. The College may disclose aggregate information regarding incidents investigated and related outcomes. Such reports will not contain identifying information.
[1] As a women’s institution, Barnard College accepts applications from those who consistently live and identify as women.
[2] New York Criminal definitions for this and other crimes that may also constitute violation of this policy can be found in the Annual Security Report, found on the CARES webpage.