Title

Non-Discrimination & Harassment Policy

Body

The Juilliard School is committed to providing an academic and work environment in which all members of the School community are treated fairly, equitably and with the respect and dignity necessary to allow each individual to realize his or her full potential.  As such, it is the policy of the School to maintain a safe and comfortable workplace and academic setting free from unlawful harassment of any kind, including freedom from harassment for any discriminatory reason. 

All members of the Juilliard community are protected under and expected to comply with this policy (the “Policy”) and complaint resolution procedure (the “Procedure”).  When used in this Policy and Procedure, “employee” refers to both faculty and staff members.  Cases of sexual harassment or misconduct are subject to The Juilliard School Sexual Misconduct & Harassment Policy and Adjudication Procedure and are not addressed here.

Please note that while this reporting and resolution process is intended to establish guidelines for the proper evaluation of complaints of discrimination or harassment, it is sometimes neither possible nor advisable to adhere strictly to such guidelines. Therefore, provided that the parties to a complaint of discrimination or harassment are afforded proper due process -- prior notice of the substance of the complaint and a fair and reasonable opportunity to present evidence and to respond -- reasonable deviations from the process set forth herein shall be permitted.    

NOTE:

All members of the Juilliard community, including students, faculty and staff, 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 freedom of speech or 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

Notice of Non-Discrimination and Statement of Equal Opportunity

In compliance with Title IX of the Education Act Amendment of 1972, Title VII of the 1964 Civil Rights Act, Section 504 of the Rehabilitation Act of 1973,The Age Discrimination in Employment Act, the Americans with Disabilities Act and Amendments and other federal, state and local equal opportunity laws, and in accordance with the School’s core values, Juilliard will not tolerate any form of unlawful discrimination or harassment based upon a protected classification, including  actual or perceived race; color; religion; creed; age; sex; national origin; alienage; citizenship status; ancestry; sexual orientation or preference; gender identity; physical or mental disability; medical condition; predisposing genetic characteristics; marital status; partnership status; past or present service in the uniformed services or application or obligation to serve in the uniformed services; status as a survivor of domestic violence, sex offenses or stalking; or any other basis prohibited by applicable local, state or federal law (collectively, “Protected Classes”).  This prohibition applies not only to intentional discrimination, but also to practices that have the effect of discriminating against individuals in any of these Protected Classes.

Juilliard is also committed to the principle of equal opportunity for all qualified persons without discrimination based on a protected classification.  This principle applies to students, employees, applicants for admission or employment, contractors, volunteers or participants in or users of the School’s programs, services and activities.

Juilliard will promptly and equitably respond to all reports of discrimination and harassment based on a protected classification in order to eliminate the discrimination, prevent its recurrence and address its effects on any individual or on the community.

Unlawful Discrimination and Harassment

Unlawful discrimination is defined as:

  • treating members of a Protected Class less favorably because of their membership in that class; or
  • having a policy or practice that has a disproportionately adverse impact on members of a Protected Class.

Harassment is defined as subjecting an individual to unwelcome physical or verbal conduct based on membership in a Protected Class when:

  • such conduct has the purpose or effect of unreasonably interfering with the individual’s work or educational performance;
  • such conduct creates or has the intention of creating an intimidating, hostile or offensive working, living and/or learning environment; or
  • such conduct unreasonably interferes with or limits one’s ability to participate in or benefit from an educational program or activity.

Discrimination and harassment can take many forms including, but not limited to, comments; name-calling; slurs or demeaning remarks; negative stereotyping; rumors; jokes; innuendos; pranks; cartoons; graphic or written statements; communications by cell phone, email or the internet (including social media); threats; acts of violence; or other verbal or physical conduct which may be threatening, harmful or humiliating.  Any member of the Juilliard community who engages in unlawful discrimination and harassment is subject to disciplinary action, up to and including termination of employment or dismissal from the School.

Reporting Guidelines

Incidents of discrimination and harassment should be reported as soon as practicable.  All reports and complaints of discrimination and harassment will be promptly investigated and appropriate action will be taken as expeditiously as possible.  At any time during the reporting and resolution process, the School may take interim protective measures including, but not limited to, reassignment or suspension, if it is determined that circumstances require that such action be taken to protect the safety of individuals or property or to minimize disruption to the operations of the School.

Students and employees may make a report of discrimination or harassment to the individuals designated in the Employee and Student reporting sections below. Any Juilliard employee who receives a report of discrimination or harassment must forward that report to either the Dean of Student Affairs, Room 245E, ext.7447 (for complaints by or against students) or the Director of Human Resources, Room 231, ext. 355 (for complaints by employees against other employees or contractors).

An individual who believes that he or she has been subjected to discrimination or harassment may choose to deal with the alleged offender directly through a face to face discussion, a telephone conversation, email correspondence or other written communication.  In some cases, this approach may resolve the situation; in others, it may be ineffective or place the individual in an uncomfortable, insecure or compromised position.  Under no circumstances should an individual feel pressured to address the alleged offender directly or otherwise handle the matter alone, and a decision not to confront an alleged offender will not be viewed negatively.  If self-help measures prove unsuccessful, an individual may choose to report the situation and pursue other methods of resolution as described below.

Where to Make a Report

Individuals should generally follow the applicable reporting procedure below; however, all complaints of discrimination and harassment based on disability should be directed to the Vice President for Enrollment Management and Student Development, Room 233, ext. 211 (for students) or the Director of Human Resources, Room 231, ext. 355 (for faculty and staff).  All complaints of sexual harassment or misconduct should be reported to the Title IX Coordinator or one of the other individuals designated in The Juilliard School Sexual Misconduct & Harassment Policy and Adjudication Procedure.

Employees:  Any employee who believes that he or she has been subjected to illegal harassment or discrimination by another employee, student or contractor of the School, or who becomes aware of harassment in violation of this Policy, should report the incident to the Director of Human Resources (Room 231, ext. 355).  If such notification is not possible or if the reporting party does not feel comfortable reporting to the Director of Human Resources, he or she should instead contact the Provost and Dean (ext. 204) or the Vice President for Library and Information Resources (Library, ext. 673).  Any of these individuals can assist in documenting the incident and providing resources and support.

Students:  A student who believes that he or she has been subjected to illegal harassment or discrimination by another student, an employee, or a contractor or vendor of the School, or who becomes aware of harassment in violation of this Policy, should report the incident to the Dean of Student Affairs (Room 245E, ext.7447).  If it is not possible to make such a report or if the student is not comfortable making his/her complaint to the Dean of Student Affairs, he or she should report it to the Assistant Dean for Student Affairs (Room 100, ext. 200), the Associate Dean and Director, Music Division (Office of the Dean, ext. 593) or the Vice President for Library and Information Resources (Library, ext. 673).  These individuals will assist in documenting the incident and providing resources and support.

Resolution of Complaints

Resolution of all complaints will be conducted in as informal and expeditious a manner as possible.  Informal methods of resolution may involve, but are not limited to, any one or more of the following: a meeting of the parties, mediation, counseling, training or disciplinary action.

If a complaint of discrimination or harassment cannot be resolved informally, the complaint will be resolved as follows:

Complaints Against Students: If the complaint is against a student, the complaint will be resolved within the School’s Judicial System.  Additional information on this Procedure can be found in the Student’s Rights and Responsibilities section of the Student Handbook. [link] 

Complaints Against Faculty or Staff: To initiate the formal complaint resolution process, a report should be submitted in writing to the Provost and Dean (for faculty) or the Director of Human Resources (for staff).  Following the receipt of a report, a threshold determination will be made as to whether the facts as stated indicate that the Policy may have been violated.  If so, the person against whom the complaint is made will be notified that a report has been filed and he/she will have the opportunity to submit a written statement in response.  An appropriately trained investigator designated by the Provost and Dean (for faculty) or Director of Human Resources (for staff) will interview the parties involved and, as necessary, any witnesses to determine the issues and resolve any factual disputes, including those hinging on credibility. The investigator will also obtain and review any pertinent evidentiary materials, including but not limited to records, documents, emails or other communications, and any other information relevant to the issues presented, and prepare a detailed report based on the results of the investigation. The investigative report may also contain findings of fact and recommendations as to sanctions, if any.  The investigation and preparation of the report should usually be completed within thirty (30) days unless the School is closed or not in session, or absent other extenuating circumstances.

Based on a review of the report and using a preponderance of the evidence standard, the Provost and Dean (for faculty) or the Director of Human Resources (for staff) will render a decision and specify any sanctions to be imposed.  Such decision will be final.  Potential sanctions may include, but are not limited to, warning, censure, education/counseling, disciplinary probation, suspension or termination of employment.

Confidentiality

All complaints will remain as confidential as possible, consistent with the conduct of an effective investigation. Should the investigation reveal that unlawful discrimination or harassment has occurred, the School will promptly take whatever corrective action is deemed necessary, to prevent its recurrence and remedy its effects, up to and including discipline or dismissal of any individual who has engaged in such conduct.  All employees and students are required to cooperate with School investigations.

Retaliation

Retaliation is any act or attempt to seek retribution including, but not limited to, any form of intimidation, reprisal, harassment or intent to prevent or discourage participation in Juilliard’s reporting or complaint resolution procedure.  Retaliation may include, but is not limited to, abuse or violence, coercion, threats, intimidation, other harassment, slander or libel and includes acts committed by a complaining party, an accused party or a third party.  Retaliation can also occur in more subtle forms, such as stripping away responsibilities, denying promotions or benefits, subjecting an individual to enhanced scrutiny or selective enforcement of rules, unfairly placing critical reports in files or refusing to file favorable comments, impugning a person’s character or reputation, using the "silent treatment" or other hostile acts, or creating intolerable conditions in order to induce resignations or transfers. 

No retaliatory action will be taken against any employee or student who in good faith complains of discrimination or harassment and/or participates in the investigation of a complaint of discrimination or harassment.  Any retaliation against a student or employee who makes a complaint in good faith under this Policy will result in disciplinary action against the retaliator, up to and including termination of the retaliator’s employment or academic relationship with the School.  Conversely, a report made in bad faith will subject the reporting individual to corrective action, up to and including termination or dismissal from the School.

Other Available Procedures

The procedures available under this Policy do not replace the right of a victim of discrimination or harassment to pursue other options or remedies available under the law.  Alternately, or in addition to using Juilliard’s internal procedures, a student or employee has the right to file a complaint of discrimination or harassment with federal and state agencies that investigate discrimination charges.  An external complaint must be filed directly with the appropriate agency.  The agency also should be consulted concerning time deadlines for filing.

For students:
Office for Civil Rights                                                  
U.S. Department of Education                                     

For employees:
U.S. Equal Employment Opportunity Commission
New York District Office

Any other questions about this Policy and Procedure should be addressed to the Office of Legal Affairs.