Non-Discrimination and Harassment Policy
The Juilliard School strives to foster an academic and work environment in which all members of the School community are treated fairly and equitably. The School seeks to maintain a workplace and academic setting free from unlawful discrimination 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 misconduct are covered by the Sexual Misconduct Policy and are not addressed here.
Please note that while this Policy establishes guidelines for the 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: This Policy is intended to protect members of the Juilliard community from discrimination, not to regulate protected speech. This Policy shall be implemented in a manner that recognizes student, faculty and staff freedom of speech and expression. No provision of this Policy shall be interpreted to prohibit freedom of speech or conduct that is legitimately related to 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.
Notice of Non-Discrimination and Statement of Equal Opportunity
The Juilliard School does not discriminate, or tolerate discrimination, on the basis of race, color, national origin, sex, disability, religion, age, veteran status, gender identity, marital status, sexual orientation, or any other characteristic protected by law (collectively, “Protected Classes”) in its educational programs and activities, admissions, or employment, as required by Title IX of the Educational Amendments of 1972, the Violence Against Women Reauthorization Act of 2013, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, the New York State Education Law, the New York State Human Rights Law, and other applicable laws and School policies.
Unlawful Discrimination and Harassment Defined
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, a hostile working, living and/or learning environment; or
- such conduct unreasonably interferes with or limits the ability of a student to participate in or benefit from an educational program or activity.
Discrimination and harassment can take many forms including, but not limited to, verbal comments; 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 that may be threatening, harmful or humiliating. Any member of the Juilliard community who engages in unlawful discrimination or harassment is subject to disciplinary action, up to and including termination of employment or dismissal from the School.
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 soon as practicable. At any time during the reporting and resolution process, the School may institute 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 Juilliard community members 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 should forward that report to either the Associate Dean for Student Development, Room 245E, ext.7447 (for complaints by students) or the Director of Human Resources, Room 231, ext. 355 (for complaints by employees).
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).
Employees: Any employee who believes that he or she has been subjected to illegal harassment or discrimination by another employee, student or contractor or vendor 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). These individuals will 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 Associate Dean for Student Development (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 Associate Dean for Student Development, he or she should report it to the Assistant Dean of Student Affairs (Room 100, ext. 200), or the Associate Dean and Director, Music Division (Office of the Dean, ext. 593). 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 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.
Complaints Against Faculty or 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 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.
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.
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 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, 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 good faith 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.
Internal inquiries concerning the Americans with Disabilities Act, the Rehabilitation Act, and related issues may be directed to:
Vice President for Enrollment Management and Student Development The Juilliard School
60 Lincoln Center Plaza
New York, NY 10023-6588
(212) 799-5000, ext. 211
Internal inquiries concerning Title IX and related issues of sex discrimination may be directed to:
Title IX Coordinator
The Juilliard School
60 Lincoln Center Plaza Room 222B
New York, NY 10023-6588
(212) 799-5000, ext. 609
Inquiries may also be directed to:
Office for Civil Rights
United States Department of Education 32 Old Slip, 26th Floor
New York, NY 10005
U.S. Equal Employment Opportunity Commission New York District Office
Broad Financial Center
33 Whitehall St.
New York, NY 10004
Any other questions about this Policy and Procedure should be addressed to the Office of the General Counsel at OGC@juilliard.edu.