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.
Please be advised that the information provided here is simply an overview of the full Sexual Misconduct & Harassment 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 (see Appendix B) 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.
SEXUAL HARASSMENT DEFINED
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.
REPORTING SEXUAL MISCONDUCT AND HARASSMENT
Juilliard is required to designate at least one employee to coordinate its efforts to comply with federal laws prohibiting sexual misconduct, harassment and other forms of discrimination, oversee related policies and procedures, explain the operation of the reporting and adjudication procedures and ensure consistent practices and standards in handling complaints. Juilliard’s compliance coordinator (the “Title IX Coordinator” or “Coordinator”) is:
60 Lincoln Center Plaza
New York, NY 10023-6588
(212) 799-5000, ext. 7447
The Coordinator has designated the following School officials to receive reports of sexual misconduct or harassment (the “Deputy Coordinators”):
For Complaints by Students:
Assistant Dean for Student Affairs
For Complaints by Employees:
Director of Human Resources
Alternatively, students and employees may make a report directly to the Coordinator, the Associate Dean for Administration (Office of the Dean, ext. 593) or the Vice President for Library and Information Resources (Library, ext. 673). The Coordinator will keep a confidential record of all such reports.
Any individual who has been the victim of a crime, such as sexual assault or other form of sexual violence, should contact the local police department or call 911 immediately. Even if possible criminal conduct is reported to the police, Juilliard will still conduct an internal investigation to determine what occurred and take appropriate steps to assist the victim. Juilliard also reserves the right to investigate allegations of sexual misconduct or harassment in appropriate circumstances, even in the absence of an official report filed with the School or with local law enforcement.
Juilliard will attempt to maintain the confidentiality and privacy of those involved in an investigation to the extent possible, within the requirements of conducting reasonable investigations. However, complete confidentiality cannot be guaranteed. Disclosure may be required by law or by the circumstances of the investigation.
INVESTIGATION AND ADJUDICATION PROCEDURE
The Coordinator or other designated School official receiving a report of sexual misconduct or harassment will explain the various options available for resolution of the complaint. A thorough and impartial investigation of the incident will be completed as promptly as possible.
The investigation generally will include interviews with the parties, interviews with any witnesses and a review of any relevant documents, including texts, emails and postings on social media. Disclosure of facts to parties and witnesses will be limited to what is reasonably necessary to conduct a fair and thorough investigation. All participants in the investigation are required to present truthful and accurate information. Knowingly making false statements or presenting inaccurate information is unacceptable and will result in separate disciplinary action regarding that conduct.
The proceedings will be kept as informal and confidential as may be appropriate at any stage of the procedure.
Based on the results of the investigation, the complaint may be heard by a neutral hearing panel which will determine by a preponderance of the evidence whether or not there has been a violation of this policy. If a violation is found, the panel will make a recommendation as to the sanctions to be imposed. Possible sanctions and remedial actions include, but are not limited to:
- Participation in training or educational sessions on sexual misconduct, harassment and other forms of discrimination;
- A written warning placed in the violator’s file;
- Reassignment of responsibilities, if practicable;
- Reassignment of housing;
- Suspension; and
- Termination or dismissal.
The parties are both entitled to appeal the decision of the panel. The filing of a complaint which is later found to have been malicious, intentionally false or advanced in bad faith may subject the complainant to discipline. Anyone who believes that he or she has been the subject of a false complaint of sexual misconduct or harassment should meet with the Coordinator or other designated School official to discuss the allegations.
OTHER AVAILABLE PROCEDURES
This Sexual Misconduct & Harassment Policy and Adjudication Procedure does not preempt or supersede any legal procedures or remedies otherwise available to a victim of sexual misconduct, harassment or other discrimination under state or federal law. Alternately, or in addition to using Juilliard’s internal procedures and/or reporting to local law enforcement, a student or employee has the right to file a complaint of sexual misconduct 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.
Office for Civil Rights
U.S. Department of Education
New York Office
75 Park Place, 14th Floor
New York, New York 10007
(212) 637-6466 or
U.S. Equal Employment Opportunity Commission
New York District Office
33 Whitehall Street, 5th Floor
New York, NY 10004
Any other questions about the Policy and Adjudication Procedure should be addressed to the Coordinator or to the Office of Legal Affairs.
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.