(for claims not subject to the Title IX policy)

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

This policy applies to Sexual Harassment, which is one kind of discrimination. Sexual harassment is further defined in Section I below. This policy prohibits harassment relating to all terms and conditions of employment within MSM — including 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 prospective students in all aspects of student life and studies, including during student application, admission, and financial aid processes.

As noted in Section I below, MSM maintains a comprehensive set of Equal Opportunity policies, including this Sexual Harassment 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) Non-Discrimination (other than in circumstances of sexual harassment or misconduct); and (ii) Sexual Misconduct falling within the legal parameters of Title IX.  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 IV 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.

TABLE OF CONTENTS FOR THIS PAGE

On this page you will find information about:

I. Sexual Harassment

A.  What is Sexual Harassment
B.  Examples of Sexual Harassment
C.  Who Can Be a Target of Sexual Harassment
D.  Where Can Sexual Harassment Occur
E.  Retaliation

II. Complaint Procedure

A. Reporting Sexual Harassment
B. How to Make a Complaint
C. Complaints and Investigations of Sexual Harassment
D. Responsibilities of Managers and Supervisors Within the Workplace
E. Bystander Interaction

III. Legal Protections and External Remedies

A. New York State Division of Human Rights
B. The United States Equal Opportunity Commission
C. The Office for Civil Rights
D. Local Protections
E. Contact the Local Police Department

IV. Reservation of Rights

I. Sexual Harassment

Manhattan School of Music (“MSM” or “the School”) is committed to a workplace and learning environment free from harassment and discrimination. Sexual harassment is a form of workplace discrimination that subjects an employee or student to inferior conditions of employment or learning/living environments, due to their gender, gender identity, gender expression (perceived or actual), and/or sexual orientation. Sexual harassment is often viewed simply as a form of gender-based discrimination, but MSM recognizes that sex discrimination can be related to or affected by other identities beyond gender. Different identities impact our understanding of the world and how others perceive us. For example, an individual’s race, ability, or immigration status may impact their experience with gender discrimination in the workplace.

This Policy focuses upon Sexual Harassment that does not fall within the School’s Title IX/Sexual Misconduct Policy. The Non-Discrimination and Anti-Harassment Policy addresses allegations of gender discrimination and other forms of discrimination (e.g., race, ethnicity) that do not involve sexually harassing conduct, but there can be overlap between issues covered by this policy and the Non-Discrimination Policy. The methods for reporting and investigating discrimination and harassment under this Policy and the Non-Discrimination Policy are essentially the same.  Moreover, where complaints raise one than more ground for discrimination (as where, for instance, a complaint alleges both sexual harassment and some other form of discrimination), the School may modify procedures or timelines involved in an investigation. The School is committed to ensuring a full and fair investigation of complaints. See Section IV Reservation of Rights below.

Other relevant MSM 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 Non-Discrimination and Anti-Harassment Policy sets forth policies and procedures prohibiting alleged discrimination, harassment, or retaliation in circumstances other than of sexual harassment or sexual misconduct falling within this Sexual Harassment policy or the Title IX policy. That policy can be found here: