Equal Employment and Educational Opportunity Non-Discrimination and Anti-Harassment Policy

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(for claims not involving sexual harassment or sexual misconduct)

Manhattan School of Music is committed to maintaining an environment that is free from discrimination, harassment, and retaliation. It is the policy of Manhattan School of Music (“MSM” or “the School”) not to tolerate discrimination, harassment, or retaliation based on age, actual or perceived race (including traits historically associated with race), color, creed, ethnic origin, national origin, alienage or citizenship status, disability, religion, sex (including sexual harassment), gender (including actual or perceived sex, gender identity and gender expression including a person’s actual or perceived gender-related self-image, appearance, behavior, expression, or other gender-related characteristic, regardless of the sex assigned to that person at birth), actual or perceived height or weight, sexual orientation, marital or partnership status, military or veteran status, predisposing genetic characteristics, unemployment status, pregnancy, familial status, caregiver status, sexual and reproductive health decision, prior criminal convictions, or status as a victim or witness of domestic violence, sex offenses, or stalking, or on any other legally protected basis. Such behavior is unlawful and inconsistent with the commitment of MSM. This commitment is central to MSM’s Mission as well as to its legal compliance obligations.

MSM also does not permit retaliation against individuals who oppose such alleged misconduct or who participate in an investigation into such allegations.

This policy applies to all terms and conditions of employment, including actions and decisions relating to recruitment, hiring, admission, financial aid, compensation, benefits, evaluation, promotion, and termination. It also requires non-discriminatory, non-harassing, and non-retaliatory treatment of students and of prospective students in all aspects of student life and studies, including during student application, admission, and financial aid processes.

As noted below, MSM maintains a comprehensive set of Equal Opportunity policies, including this Non-Discrimination Policy, that are intended to operate together to prohibit discrimination, harassment, and retaliation within our workplace and learning environment. These include two other policies that address, respectively, (i) Sexual Misconduct that does fall within the legal parameters of Title IX; and (ii) Sexual Harassment that does not fall within the purview of the School’s Title IX policy. Depending upon the allegations of a particular complaint, modifications to different procedures or timelines may be required in order to harmonize policy requirements, sequence investigations, and ensure a full and fair resolution of concerns.  See Section III Reservation of Rights below, which details the circumstances in which the School may modify policies and timelines under this policy and the School’s other Equal Opportunity policies.

Other relevant MSM Equal Opportunity policies:

  • The Manhattan School of Music Title IX/Sexual Misconduct Policy prohibits sexual misconduct, including sexual harassment, by or against students or employees, where the complaint falls within the legal and regulatory parameters of the School’s Title IX policy. That policy can be found here:

 

  • The Manhattan School of Music Sexual Harassment (Non-Title IX) Policy addresses allegations of sexual harassment that do not fall within the legal parameters of the School’s Title IX policy but that are taken seriously and will be addressed by the School. That policy can be found here:

NOTE: All MSM employees, regardless of title or supervisory role, are obligated to report instances of sexual harassment  or assault either to the Title IX Coordinator, Carol Matos, Vice President for Administration & Human Relations, or anonymously by filling out the Sexual Misconduct Report Form here:

Please note the broad scope of this Non-Discrimination and Anti-Harassment Policy. It prohibits discrimination, harassment, and retaliation, as defined above, by or against all students, faculty, staff, applicants for employment or enrollment, interns, whether paid or unpaid, anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in our workplace (including persons commonly referred to as independent contractors, gig workers, and temporary workers).  It also applies to persons providing equipment repair, cleaning services, or any other services through a contract with MSM, guest artists, and competition judges (the individuals described in this paragraph being collectively referenced within this policy as “covered individuals”). This policy not only broadly protects the individuals identified in this paragraph but also prohibits all such individuals from engaging in any of the conduct prohibited by this Policy.

This policy applies to all forms of discrimination, harassment, or retaliation — other than sexual harassment and sexual misconduct, which also constitute discrimination but are separately and more specifically addressed under the School’s Title IX and Non-Title IX Sexual Harassment policies described above. Disparate treatment on the basis of gender or gender characteristics, other than sexual harassment or sexual misconduct, falls within the provisions of this Non-Discrimination Policy.  An example of disparate treatment that falls within this policy would be treatment of similarly situated employees differently with respect to the terms and conditions of employment, if based upon gender, or treatment of similarly situated students differently with respect to grades or programs, again if based upon gender. Complaints involving gender may include intermingled allegations of disparate treatment and sexual harassment. In such circumstances, complaints may be resolved using modified procedures and timelines to assure full and fair resolution of all concerns (as further described in Section III Reservation of Rights below).

Compliance with Equal Opportunity policies is every community member’s responsibility. Faculty, department chairs, and supervisory and managerial staff are responsible for taking reasonable steps so that no faculty, staff, student, or other covered individual is subjected to – or engages in — conduct that constitutes discrimination, harassment, or retaliation.

Managers and supervisors are required to report any complaint that they receive, or any discrimination, harassment, or retaliation that they observe or of which they become aware. Any other faculty or staff member who has knowledge (whether direct or indirect) of any discriminatory, harassing, or retaliatory conduct is encouraged to make a report in accordance with the complaint procedure set forth below.

I. Complaint Procedure

Individuals are encouraged to use the School’s Discrimination, Harassment, and Retaliation Complaint Form to report suspected or alleged instances of harassment, discrimination, or any other type of concerning conduct that might fall under one of these categories. A copy of the form is attached at the end of this Policy or can be submitted online here:

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