Policy Name: New Jersey City University Policy Prohibiting Discrimination in the Workplace (State Policy)
Policy Number: 01-03-003
Version Effective Date: September 5, 2013
Last reviewed on: January 1, 2019
Policy Applies To: Employees, Applicants for Employment and Vendors
Responsible Office: EEO
INTRODUCTION AND STATEMENT OF PURPOSE
This policy outlines university guidelines as they relate to prohibiting discrimination in the workplace.
II. PROHIBITED CONDUCT
III. EMPLOYEE RESPONSIBILITIES
Any employee who believes that she or he has been subjected to any form of prohibited discrimination/harassment, or who witnesses others being subjected to such discrimination/harassment is encouraged to promptly report the incident(s) to a supervisor or directly to New Jersey City University's Director of Equal Employment Opportunity/Affirmative Action (EEO/AA).
All employees are expected to cooperate with investigations undertaken pursuant to VI below. Failure to cooperate in an investigation may result in administrative and/or disciplinary action, up to and including termination of employment.
IV. SUPERVISOR RESPONSIBILITIES
Supervisors shall make every effort to maintain a work environment that is free from any form of prohibited discrimination/harassment. Supervisors shall immediately refer allegations of prohibited discrimination/harassment to New Jersey City University's Director of Equal Employment Opportunity/Affirmative Action (EEO/AA). A supervisor's failure to comply with these requirements may result in administrative and/or disciplinary action, up to and including termination of employment. For purposes of this section and in the New Jersey City University Procedures for Processing Internal Complaints Alleging Discrimination in the Workplace (Model Procedures), a supervisor is defined broadly to include any manager or other individual who has authority to control the work environment of any other staff member (for example, a project leader).
New Jersey City University shall annually distribute the policy described in this section, or a summarized notice of it, to all of its employees, including part-time and seasonal employees. The policy, or summarized notice of it, shall also be posted in conspicuous locations throughout the buildings and grounds of New Jersey City University (that is, on bulletin boards or on the New Jersey City University's intranet site). The Department of the Treasury shall distribute the policy to State-wide vendors/contractors, whereas the New Jersey City University shall distribute the policy to vendors/contractors with whom the University has a direct relationship.
VI. COMPLAINT PROCESS
New Jersey City University shall follow the Model Procedures with regard to reporting, investigating, and where appropriate, remediating claims of discrimination/harassment. See N.J.A.C. 4A:7-3.2. New Jersey City University is responsible for designating an individual or individuals to receive complaints of discrimination/harassment, investigating such complaints, and recommending appropriate remediation of such complaints. Claims of discrimination/harassment may be presented directly to the Director of Equal Employment Opportunity/Affirmative Action (EEO/AA).
All investigations of discrimination/harassment claims shall be conducted in a way that respects, to the extent possible, the privacy of all the persons involved. The investigations shall be conducted in a prompt, thorough and impartial manner. The results of the investigation shall be forwarded to the President to make a final decision as to whether a violation of the policy has been substantiated.
Where a violation of this policy is found to have occurred, New Jersey City University shall take prompt and appropriate remedial action to stop the behavior and deter its reoccurrence. New Jersey City University shall also have the authority to take prompt and appropriate remedial action, such as moving two employees apart, before a final determination has been made regarding whether a violation of this policy has occurred.
The remedial action taken may include counseling, training, intervention, mediation, and/or the initiation of disciplinary action up to and including termination of employment.
New Jersey City University shall maintain a written record of the discrimination/harassment complaints received. Written records shall be maintained as confidential records to the extent practicable and appropriate.
VII. PROHIBITION AGAINST RETALIATION
Retaliation against any employee who alleges that she or he was the victim of discrimination/harassment, provides information in the course of an investigation into claims of discrimination/harassment in the workplace, or opposes a discriminatory practice, is prohibited by this policy. No employee bringing a complaint, providing information for an investigation, or testifying in any proceeding under this policy shall be subjected to adverse employment consequences based upon such involvement or be the subject of other retaliation.
Following are examples of prohibited actions taken against an employee because the employee has engaged in activity protected by this subsection:
VIII. FALSE ACCUSATIONS AND INFORMATION
An employee who knowingly makes a false accusation of prohibited discrimination/harassment or knowingly provides false information in the course of an investigation of a complaint, may be subjected to administrative and/or disciplinary action, up to and including termination of employment. Complaints made in good faith, however, even if found to be unsubstantiated, shall not be considered a false accusation.
All complaints and investigations shall be handled, to the extent possible, in a manner that will protect the privacy interests of those involved. To the extent practical and appropriate under the circumstances, confidentiality shall be maintained throughout the investigatory process. In the course of an investigation, it may be necessary to discuss the claims with the person(s) against whom the complaint was filed and other persons who may have relevant knowledge or who have a legitimate need to know about the matter. All persons interviewed, including witnesses, shall be directed not to discuss any aspect of the investigation with others in light of the important privacy interests of all concerned. Failure to comply with this confidentiality directive may result in administrative and/or disciplinary action, up to and including termination of employment.
X. ADMINISTRATIVE AND/OR DISCIPLINARY ACTION
Any employee found to have violated any portion or portions of this policy may be subject to appropriate administrative and/or disciplinary action which may include, but which shall not be limited to: referral for training, referral for counseling, written or verbal reprimand, suspension, reassignment, demotion or termination of employment. Referral to another appropriate authority for review for possible violation of State and Federal statutes may also be appropriate.
New Jersey City University shall provide all new employees with training on the policy and procedures set forth in this section within a reasonable period of time after each new employee's appointment date. Refresher training shall be provided to all employees, including supervisors, within a reasonable period of time. New Jersey City University shall also provide supervisors with training on a regular basis regarding their obligations and duties under the policy and regarding procedures set forth in this section.
Issued: December 16, 1999
Revised: June 3, 2005
Revised: September 5, 2013
See N.J.A.C. 4A:7-3.1
DATE TO INITIATE REVIEW AND UPDATE
As deemed necessary or appropriate by the Policy Coordinator but at a minimum, at least every 5 years from the date of last review.