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Sexual Misconduct Policy & Adjudication Procedure

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The Juilliard School (“Juilliard” or the "School") is committed to providing an academic and work environment free from sexual misconduct, harassment and other forms of discrimination, and in which all members of the School community are treated with the respect and dignity necessary to realize his or her full potential. Sexual misconduct and harassment, including acts of sexual assault and sexual violence, and other forms of unlawful discrimination are prohibited by Juilliard, as well as by federal and state law, including Title IX of the Education Amendments and the New York State Human Rights Law. If there is a finding that any form of sexual misconduct or harassment in violation of this policy has occurred, Juilliard will take appropriate action, up to and including termination of employment or dismissal from the School. Anyone in the Juilliard community who knowingly allows or tolerates sexual misconduct or harassment, or retaliation against an individual who makes a report of sexual misconduct or harassment is also in violation of this policy and subject to disciplinary action. 

Any member of the Juilliard community who has been a target of, has witnessed or has information about sexual misconduct, sexual harassment or other forms of unlawful discrimination by a student, employee or third party should promptly report the incident.  The School will take appropriate action to eliminate sexual misconduct and harassment, prevent its recurrence, remedy its effects on the Juilliard community and, if necessary, discipline behavior that violates this policy.

This policy applies to all on-campus conduct and off-campus conduct that affects the Juilliard community. Vendors, independent contractors, visitors and others who conduct business with Juilliard or who are present on the School campus are also expected to comply with this policy and any other rules of their engagement.

Definition of Sexual Harassment
Sexual harassment, including sexual misconduct and sexual violence, is a form of unlawful gender discrimination which involves the conduct of a person of either sex, toward a person of the opposite sex or same sex, and occurs when such conduct consists of unwelcome sexual advances, unwelcome requests for sexual favors and other unwelcome verbal, nonverbal or physical behavior of a sexual nature. Sexual violence refers to physical acts perpetrated against a person’s will or where a person is incapable of giving consent due to the person’s use of drugs or alcohol or an intellectual or other disability. Sexual violence includes, but is not limited to, sexual assault, rape, sexual exploitation, intimate partner violence, sexual coercion and stalking. All such acts of sexual violence are forms of sexual harassment prohibited under federal and state law. 

Sexual harassment also includes gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

Definition of Affirmative Consent
Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.

Reporting Party Disclosure Statement
Every institution shall ensure that, at a minimum, at the first instance of disclosure by a reporting individual to an institution representative, the following information shall be presented to the reporting individual: "you have the right to make a report to university police or campus security, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution.

Please be advised that the information provided here is simply an overview of the full Sexual Misconduct Policy and Adjudication Procedure. All members of the Juilliard community are encouraged to review the complete Policy and Procedure. The complete Policy contains a list of resources for individuals who may have been victims of sexual assault or sexual violence, definitions of important terms, and examples of various forms of sexual misconduct.

NOTE:

All members of the Juilliard community, including students, faculty, staff and other employees enjoy significant freedom of speech protections guaranteed by the First Amendment of the United States Constitution. This Policy and Procedure is intended to protect members of the Juilliard community from discrimination, not to regulate protected speech. The Policy and Procedure shall be implemented in a manner that recognizes the importance of rights to freedom of speech and expression. Consistent with principles of academic freedom, no provision of this Policy or Procedure shall be interpreted to prohibit conduct that is legitimately related to the course content, teaching methods, scholarship or public commentary of an individual faculty member or the educational, political, artistic or literary expression of students in classrooms and public forums. However, freedom of speech and academic freedom are not limitless and do not protect speech or expressive conduct that violates federal or state non-discrimination laws.



Accordions

NEWS/ARTICLES

The New York Times. (8, September 2014). When Yes Means Yes: California Lawmakers Redefine Campus Sexual Assault. Retrieved from http://www.nytimes.com/2014/09/09/opinion/california-lawmakers-redefine-campus-sexual-assault.html?_r=0

Smith, T. (12, August 2014). How Campus Sexual Assault Came to Command New Attention: List of 74 Postsecondary Institutions that have pending Title IX investigations as of August 6, 2014. Retrieved from http://www.npr.org/2014/08/12/339822696/how-campus-sexual-assaults-came-to-command-new-attention

Huffington Post. (Ongoing). Breaking the Silence: Addressing Sexual Assault on Campus. Retrieved from http://www.huffingtonpost.com/news/breakingthesilence/

The White House, Office of the Press Secretary. (29, April 2014). FACT SHEET: Not Alone - Protecting Students from Sexual Assualt [Press release]. Retrieved from http://www.whitehouse.gov/the-press-office/2014/04/29/fact-sheet-not-alone-protecting-students-sexual-assault

Steinhauer, J. (28, April 2014). White House to Press Colleges to Do More to Combat Rape. The New York Times. Retrieved from http://www.nytimes.com

Calmes, J, (22, January 2014). Obama Seeks to Raise Awareness of Rape on Campus. The New York Times. Retrieved from http://www.nytimes.com

 

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