(for claims not subject to the Title IX Sex-Based Harassment for Students Policy or the Title IX Sex Discrimination Policy)
Manhattan School of Music is committed to maintaining an environment that is free from discrimination, harassment, and retaliation. It is the policy of Manhattan School of Music (“MSM” or “the School”) not to tolerate discrimination, harassment, or retaliation based on age, actual or perceived race (including traits historically associated with race), color, creed, ethnic origin, national origin, alienage or citizenship status, disability, religion, sex (including sexual harassment), gender (including actual or perceived sex, gender identity and gender expression including a person’s actual or perceived gender-related self-image, appearance, behavior, expression, or other gender-related characteristic, regardless of the sex assigned to that person at birth), actual or perceived height or weight, sexual orientation, marital or partnership status, military or veteran status, predisposing genetic characteristics, unemployment status, pregnancy, familial status, caregiver status, sexual and reproductive health decision, prior criminal convictions, or status as a victim or witness of domestic violence, sex offenses, or stalking, or on any other legally protected basis. Such behavior is unlawful and inconsistent with the commitment of MSM. This commitment is central to MSM’s Mission as well as to its legal compliance obligations.
MSM does not permit retaliation against individuals who oppose such alleged misconduct or who participate in an investigation of such allegations.
This policy applies to Sexual Harassment, which is one kind of discrimination. Sexual harassment is further defined in Section I below. This policy prohibits harassment relating to all terms and conditions of employment within MSM — including recruitment, hiring, admission, financial aid, compensation, benefits, evaluation, promotion, and termination. It also requires non-discriminatory, non-harassing, and non-retaliatory treatment of students and prospective students in all aspects of student life and studies, including during student application, admission, and financial aid processes.
As noted in Section I below, MSM maintains a comprehensive set of policies, including this Sexual Harassment Policy, that are intended to operate together to prohibit discrimination, harassment, and retaliation within our workplace and learning environment. These include two other policies that address, respectively, (i) Non-Discrimination (other than in circumstances of sexual harassment or misconduct); and (ii) Sex-Based Harassment for Students and Sex Discrimination that fall within the legal parameters of Title IX. Depending upon the allegations of a particular complaint, modifications to different procedures or timelines may be required in order to harmonize policy requirements, sequence investigations, and ensure a full and fair resolution of concerns. See Section IV Reservation of Rights below, which details the circumstances in which the School may modify policies and timelines under this policy and the School’s other policies.
TABLE OF CONTENTS FOR THIS PAGE
On this page you will find information about:
A. What is Sexual Harassment
B. Examples of Sexual Harassment
C. Who Can Be a Target of Sexual Harassment
D. Where Can Sexual Harassment Occur
E. Retaliation
A. Reporting Sexual Harassment
B. How to Make a Complaint
C. Complaints and Investigations of Sexual Harassment
D. Responsibilities of Managers and Supervisors Within the Workplace
E. Bystander Interaction
III. Legal Protections and External Remedies
A. New York State Division of Human Rights
B. The United States Equal Opportunity Commission
C. The Office for Civil Rights
D. Local Protections
E. Contact the Local Police Department
I. Sexual Harassment
Manhattan School of Music (“MSM” or “the School”) is committed to a workplace and learning environment free from harassment and discrimination. Sexual harassment is a form of workplace discrimination that subjects an employee or student to inferior conditions of employment or learning/living environments, due to their gender, gender identity, gender expression (perceived or actual), and/or sexual orientation. Sexual harassment is often viewed simply as a form of gender-based discrimination, but MSM recognizes that sex discrimination can be related to or affected by other identities beyond gender. Different identities impact our understanding of the world and how others perceive us. For example, an individual’s race, ability, or immigration status may impact their experience with gender discrimination in the workplace.
This Policy focuses upon Sexual Harassment that does not fall within the School’s Title IX/Sexual Misconduct Policy. The Non-Discrimination and Anti-Harassment Policy addresses allegations of gender discrimination and other forms of discrimination (e.g., race, ethnicity) that do not involve sexually harassing conduct, but there can be overlap between issues covered by this policy and the Non-Discrimination Policy. The methods for reporting and investigating discrimination and harassment under this Policy and the Non-Discrimination Policy are essentially the same. Moreover, where complaints raise one than more ground for discrimination (as where, for instance, a complaint alleges both sexual harassment and some other form of discrimination), the School may modify procedures or timelines involved in an investigation. The School is committed to ensuring a full and fair investigation of complaints. See Section IV Reservation of Rights below.
Other relevant MSM policies:
- The Title IX Sex-Based Harassment Policy for Students applies to Sex-Based Harassment that occurs within the School’s Education Programs or Activities, that is committed by a member of the School Community, and in which the Complainant and/or Respondent is an MSM Student. That policy can be found here:
- The Title IX Sex Discrimination Policy addresses applies to Sex Discrimination that occurs within the School’s Education Programs or Activities and that is committed by a member of the School Community, except for Sex-Based Harassment involving a Student Complainant or Student Respondent. That policy can be found here:
- The Equal Employment and Education Opportunity Non-Discrimination and Anti-Harassment Policy sets forth policies and procedures prohibiting alleged discrimination, harassment, or retaliation in circumstances other than of sexual harassment or sexual misconduct falling within this Sexual Harassment policy or the Title IX policies. That policy can be found here:
One purpose of this Sexual Harassment policy is to teach employees and students to recognize sexual harassment, including harassment due to an individual’s intersecting identities, and to provide the tools to take action when it occurs. All employees, managers, and supervisors are required to work in a manner designed to prevent sexual harassment (as well as other forms of discrimination) in the workplace and learning environment. This policy is one of several policies reflecting MSM’s commitment to a discrimination-free work and learning environment.
The School is further committed to a work and learning environment in which all individuals, including students and employees, are treated with respect and dignity. The School has a zero-tolerance policy for
any form of harassment or discrimination, and employees have a special responsibility not to engage in it and not to allow it to occur. It bears repeating that sexual harassment is a form of workplace discrimination and employee misconduct; among other things, sexual harassment can subject the School and its employees to significant legal liability. Employees who engage in such conduct may be individually liable for their own conduct, as well as being subject to disciplinary action up to and including dismissal from employment.
In addition to serving an educational purpose, this Sexual Harassment policy sets forth below the School’s procedures for investigating and resolving sexual harassment (other than harassment that falls within the provisions of the School’s Title IX policy). Employees are encouraged to report sexual harassment, should they experience or observe it, by filing a complaint or raising a concern internally with MSM under this policy.
Please note the broad scope of this Sexual Harassment policy. MSM’s Sexual Harassment policy applies to all employees, applicants for employment, students, and interns, whether paid or unpaid. The policy also applies to additional covered individuals. It applies to anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in our workplace, including competition judges and guest artists. These individuals include persons commonly referred to as independent contractors, gig workers, and temporary workers. Also included are persons providing equipment repair, cleaning services, or any other services through a contract with MSM. (Throughout this policy, we will use the term “covered individual” to refer to these individuals who are not direct employees of MSM). This policy not only broadly protects the individuals identified in this paragraph but also prohibits all such individuals from engaging in any of the conduct prohibited by this Policy.
All sexual harassment is unacceptable. In Section I-A below, MSM specifically discusses what constitutes sexual harassment or retaliation under this policy and applicable law. Any employee or covered individual who engages in sexual harassment or retaliation will be subject to action, including potential dismissal for employees or students. In New York, sexual harassment does not need to be severe or pervasive to be illegal. Employees and covered individuals should not feel dissuaded from reporting sexual harassment because they do not believe the conduct is bad enough, or conversely because they do not want to see a colleague fired over less severe behavior. Just as sexual harassment can happen in different degrees, potential discipline for engaging in sexual harassment will vary depending on the degree of sexual harassment and other factors that the School will consider in determining an appropriate intervention. Responses might include education and counseling (but conduct may result in suspension or dismissal when appropriate).
Retaliation is prohibited. As noted in Section I-E below, retaliation occurs when an employee, student, or covered individual experiences adverse consequences from the School because they made a complaint or report, provided information, or otherwise assisted in an investigation under this policy. Any employee, student, or covered individual who reports an incident of sexual harassment, provides information, or otherwise assists in any investigation is protected from retaliation. This means that no one should fear reporting sexual harassment if they believe it has occurred. So long as an individual reasonably believes that they have witnessed or experienced such behavior, they are protected from retaliation. Any employee, student, or covered individual who retaliates against anyone involved in a sexual harassment investigation will face disciplinary action under this policy, up to and including termination.
All employees, students, or covered individuals working or learning at MSM who believe they have been subject to retaliation should inform a supervisor, manager, Dean, of Students or the Vice President of Administration and Human Relations. All employees and covered individuals who believe they have been a target of such retaliation may also seek relief from government agencies, as explained below in Section III, addressing Legal Protections and External Remedies.
Discrimination of any kind, including sexual harassment, is a violation of our policies, is unlawful, and may subject MSM to liability for the harm experienced by targets of discrimination. MSM’s Non-Discrimination and Anti-Harassment Policy for how MSM will address reports of discrimination and harassment other than sexual harassment. This includes sex discrimination (or discrimination on the basis of any gender characteristic) that involves disparate treatment in the terms and conditions of employment, or in the programs and services provided to students, but does not involve sexual harassment. All such conduct violates these policies and applicable law. Note that sexual harassers may also be individually subject to liability and employers or supervisors who fail to report or act on sexual harassment may be liable for facilitating such behavior. Students who engage in sexual harassment may be subject to discipline, up to and including expulsion.
When a complaint is filed or a concern is lodged under this policy, MSM will conduct a prompt and thorough investigation that is appropriate to the nature of the concern and fair to all parties. MSM will keep the investigation confidential to the extent possible. If an investigation ends with the finding that sexual harassment occurred, MSM will act as appropriate to address the findings. In addition to any required discipline, MSM will also take steps to ensure a safe work environment for the employee(s) who experienced sexual harassment. All employees, including managers and supervisors, are required to cooperate with any internal investigation of sexual harassment.
As noted, all employees and covered individuals are required or encouraged to report sexual harassment or behaviors that violate this policy to the Office of Administration and Human Relations. All employees will have access to a complaint form to report sexual harassment and file complaints. Use of this form is not required; and, for anyone who prefers to make a complaint verbally or by email, these complaints will be treated with equal priority.
This policy will be provided to all employees in person or through email upon hiring and will be posted prominently in all work locations and on the MSM website. Students will also be notified of the School’s sexual harassment policies. For those offices operating remotely, in addition to sending the policy through email, the School will make it available on the organization’s shared network.
