2.3 Non-Discrimination Policy
I. SCOPE
This policy establishes rights and obligations that are applicable to all members of the College Community, including the College’s students, faculty, staff, volunteers, and affiliates, regardless of one’s age, disability, marital status, national origin, race, color, religion, sex, sexual orientation, gender identity/ expression, or military status.
The policy also applies to all other invitees and visitors to College-owned or -controlled premises, including alumni, personal guests, vendors, and any other individuals.
II. POLICY STATEMENT
- As an institution of higher education that promotes the rights and safety of all members of the campus community, Ithaca College prohibits discrimination and discriminatory harassment (including all forms of sexual harassment and sexual misconduct) against any member of the Ithaca College community on the basis of age, disability, marital status, military status, national origin, race, color, religion, sex (including pregnancy and pregnancy related conditions), sexual orientation, gender identity or expression, an individual's genetic information, or any other bases under federal or state law (collectively "Protected Bases"). Supervisory and managerial personnel must report all such behavior the Office of Human Resources.
III. DEFINITIONS. The definitions herein will be deemed amended as new legislation may dictate and may also be revised at the discretion of the College.
College Community. This term refers to any and all students, faculty, staff, volunteers, and affiliates while they are attending, engaged with, or otherwise participating in any activity, area, or operation of the College.
- Discrimination. Discrimination is different treatment based on Protected Bases that is sufficiently serious to unreasonably interfere with or limit an individual’s opportunity to participate in or benefit from a College program or activity, or that otherwise adversely affects a term or condition of the individual’s employment or education. Discrimination may also occur when policies, practices, rules or other systems that appear to be neutral result in a disproportionate impact on a protected group. Discrimination also includes failure to provide reasonable accommodations for a person’s disability or religion as required by law, or any other violation of a disabled person’s rights under applicable anti-discrimination laws.
Harassment. Harassment is a form of discrimination that encompasses unwelcome conduct based on a person’s legally protected status. Harassment is unwelcome verbal or physical conduct directed toward, or differential treatment of, an individual because of their membership or perceived membership in any protected group when the conduct is sufficiently severe or pervasive to have the effect of unreasonably interfering with an individual’s educational experience, working conditions or living conditions. Harassment in violation of this Policy depends on the totality of the circumstances, including the nature, frequency, and duration of the conduct in question, the location and context in which it occurs, and the status of the individuals involved. Examples of conduct that can constitute harassment if based on an individual’s legally protected category includes but is not limited to:
- Epithets, slurs, jokes or negative stereotypes;
- Written, printed or graphic material that contains offensive, denigrating or demeaning comments or pictures;
- Displaying offensive, denigrating or demeaning posters, emails, text messages or cell phone pictures;
- Conduct, whether verbal, physical, written or electronic that threatens, intimidates, offends, belittles, denigrates, or shows an aversion toward an individual or group because of their legal protected status.
- Forwarding an offensive or derogatory “joke” email;
- Sharing demeaning depictions of people, including AI-generated and deepfake images and videos;
- Mimicking, mocking, or making fun of a person, including their traits, disabilities, garments, jewelry, or displays;
- Groping, touching, or otherwise physically assaulting a person; and
- Making acceptance of such behavior a condition for preferential treatment or maintaining employment or enrollment in an activity or program.
Pregnancy or related conditions means:
- Pregnancy, childbirth, termination of pregnancy, or lactation;
- Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
- Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
IV. REQUIREMENTS
Equal Opportunity and Affirmative Action. It is the policy of Ithaca College to offer equal opportunity in all matters in compliance with the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1975, Title IX of the Education Amendments of 1972, the Rehabilitation Act of 1973, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Article 15 of the Executive Law of New York State (the Human Rights Law), the Americans with Disabilities Act of 1990, and other related federal, state and local legislation, executive orders, regulations, and guidelines. The College prohibits discrimination on the grounds of age, disability, marital status, national origin, race, color, religion, sex, sexual orientation, gender identity or expression, or military status recruits, hires, and promotes on the basis of individual qualifications and performance. It is the College’s objective of the Ithaca College Affirmative Action Program to guarantee equal opportunity in the College's employment practices, training, and promotional opportunities.
The Office of Human Resources establishes and maintains procedures to increase the chances of successfully achieving this objective and to monitor progress. These procedures also provide the necessary documentation to evaluate a discrimination complaint. No department, school, or division is authorized to hire new faculty or staff without prior certification from the Office of Human Resources that its search and hiring process was fair and attempted to locate and consider available qualified female, minority, and disabled candidates.
Hiring for all staff, administrative, and faculty positions, including full-time, part-time, and temporary positions, is subject to these procedures. The recruitment and hiring procedures and actions required by a supervisor are detailed in Volume III of the Ithaca College Policy Manual.
Prohibited Conduct. Discrimination and Harassment, as defined herein are prohibited. In addition, conduct that violates Section 2.5 Institutional Policy on Disability or Section 2.6 Policy on Sexual Harassment, is also prohibited under this policy and is subject to all applicable provisions herein.
Pregnancy and Related Conditions. Any employee who is informed by a student of such student’s pregnancy or related conditions, unless the employee reasonably believes that the Title IX Coordinator has been notified, must promptly provide that person with the Title IX Coordinator’s contact information. The employe must also inform such student that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to the recipient’s education program or activity.
- Reporting Discrimination and/or Harassment. All community members are encouraged to report suspected incidents of discrimination or harassment to the Office of Human Resources. Faculty members and staff with supervisory responsibilities are expected to maintain an employment and educational environment that is free of discriminatory conduct, including harassment. All supervisors and managers who receive a complaint or information about suspected discriminatory conduct, observe what may be discriminatory conduct, or for any reason suspect that discriminatory conduct is occurring, are required to report such suspected conduct to the Office of Human Resources.
Grievance Procedures for Reports of Discrimination and/or Harassment. A member of the Ithaca College campus community who believes that this Policy the College's policy of non-discrimination has been violated should contact the Office of Human Resources. The College will respond to complaints of discriminatory promptly and equitably.
- Students accused of violations may be subject to investigation and hearing procedures outlined in the Student Conduct Code.
- Employees and affiliates accused of violations may be subject to investigation and hearing procedures outlined in Section 2.7 Guidelines for Resolving Discrimination Complaints
- All community members, visitors, invitees, and trespassers are subject to the College’s Rules for the Maintenance of Public Order
- The College may address reports of discrimination through informal means when appropriate. If attempts at informal problem-solving are unsuccessful, or if the Office of Human Resources, the Office of Student Conduct and Community Standards, the Office of Public Safety, or The Title IX Office, as applicable, determines that an informal approach would be inappropriate or ineffective, the complainant may request resolution through the formal discrimination complaint procedures.
Retaliation. Consistent with applicable law, the College prohibits any intimidation, threat, coercion, or discrimination against any individual (1) for the purpose of interfering with any right or privilege secured by College policy or applicable civil rights law, (2) because that individual made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under College policy or applicable civil rights law, or (3) because that individual opposed conduct prohibited by College policy or applicable civil rights law.
Inquiries Related to this Policy. The College's Equal Opportunity and Affirmative Action Program is administered by the Office of Human Resources. Ultimately, however, preventing discriminatory conduct and creating an environment in which such behavior is recognized as unequivocally unacceptable requires commitment from all members of the community.
Any inquiries specifically related to the application of Title IX or the Americans with Disabilities Act may be made to the Linda Koenig, the College’s Title IX Coordinator and ADA/504 Coordinator, at 953 Danby Road, Ithaca, NY, 14850, (607) 274-7761, lkoenig@ithaca.edu or to the U.S. Department of Education, Office of Civil Rights. For more information on the Office of Civil Rights, please visit www.ed.gov/about/offices/list/ocr/index.htmG.
V. VIOLATIONS
Individuals found in violation of this policy will be subject to appropriate disciplinary action, up to and including termination of employment for employees and suspension or expulsion for students.