New York Employment Attorneys Blog

Sexual harassment in college and university settings has long been a problem, but only recently has drawn national attention. Two key recent scandals at Pennsylvania State University and Syracuse University are the cause of this new attention, and also growing concern.

It was a shock to hear that, after decades of cited sexual abuse and molestation, the assistant coach of Pennsylvania State University's successful football team was finally indicted and investigated. The investigations, while still ongoing, have revealed shocking patterns of university cover ups. How could that many years of abuse and harassment be brushed under the rug?

However, this type of sexual abuse and harassment is widespread, from single victim cases to ones involved multiple victims. Recently, Syracuse University faced a similar situation with their associate head coach of the men's basketball team, Bernie Fine. Despite abuse dating back to 1884, and various reports made to the administration during that time, Mr. Fine did not suffer any adverse employment actions until his termination last week. The termination arose because a third potential victim came forward and an incriminating voice recording of Mr. Fine's wife speaking to a victim of Mr. Fine's abuse.

Do you feel you have been subjected to sexual abuse or harassment in your university or college setting? Has the administration not dealt with your claim fairly, or at all? Contact The Harman Firm today.

The recent resignations of two high-ranking black administrators at Columbia have led some professors to question President Lee C. Bollinger's leadership. Last June, the University's provost, Claude M. Steele, resigned. His resignation was followed by the undergraduate dean, Michele M. Moody-Adams, last week. They were the first African-Americans to hold their respective positions at Columbia.

According to reporter Alan Schwarz from the New York Times, Fredrick C. Harris, a professor of political science, wrote to Mr. Bollinger explaining that these recent departures have "shaken (his) confidence - as well as the confidence of many others at Columbia - in the ability of Columbia to maintain diverse leadership at the top."

June Cross, an associate professor at the University's Graduate School of Journalism, was quoted as saying "I'm not saying race is the issue, but it is the subtext."

These criticisms almost seem inconsistent with Mr. Bollinger's reputation and background, considering he had been advocating for affirmative action while he was President of the University of Michigan. Mr. Bollinger was involved in two well known U.S. Supreme Court cases, Grutter v. Bollinger and Gratz v. Bollinger, where he defended - with success - affirmative action in the school's recruitment process.

These new problems bring back to the table some of Mr. Bollinger's old controversies. In particular, Mr. Bollinger was heavily criticized back in 2007 when he decided to invite Iranian President Mahmoud Ahmadinejad to Columbia. The New York Times also discusses that after interviewing more than a dozen Columbia faculty members, it was apparent that their dissatisfaction with Mr. Bollinger's policies was growing. Notably, Mr. Bollinger is criticized for shrinking the role of the undergraduate college to expand Columbia's research activities.

Mr. Bollinger acknowledged that there was criticism but denied that race was an issue at Columbia, expressing that he intends to meet with faculty members to address the issue. Many professors support President Bollinger nonetheless, saying that 15 percent of Columbia's freshmen last year were black, which is the largest percentage of any of the top 30 universities in the U.S. according to the Journal of Blacks in Higher Education.

Read more at the New York Times.

The Harman Firm is committed to regularly addressing and working to expose and prevent further sexual harassment on on college campuses.

Title VI of the Civil Rights Act of 1964 states "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." It is a remedial (rather than punitive) statute designed to eliminate financial participation of the federal government in illegal discrimination. Title VI claims cannot be brought against individual defendants as they do not receive federal funding. In college and university settings, Title VI has been invoked in racial and ethnic discrimination and harassment cases. It has also been used in affirmative action cases. Sexual harassment cases, however, are made using either Title IX or Title VII of the Civil Rights Act.

Title IX was enacted by congress in the Education Amendments of 1972 and states, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance..." Title IX is identical to Title VI, except that Title VI "prohibits race discrimination, not sex discrimination, and applies to all programs receiving federal funds." The Supreme Court has held that "..."sexual harassment" is "discrimination" in the school context under Title IX..." Other courts have held that sexual discrimination cases against institutions receiving federal funds should be brought under Title IX, not under Title VI. "Because [Title VI] does not forbid sex discrimination, Plaintiffs' Title VI claim against the Army is dismissed with prejudice." "Indeed, the legislative history reveals that Title IX was designed to fill the gap left by Title VI of the Civil Rights Act of 1964, which did not prohibit discrimination based on sex."

Title VII prohibits (with some exceptions) discrimination in employment situations based on race, color, religion, sex and national origin. It has been used successfully in cases relating to sexual harassment in the work place. "...the language of Title VII is not limited to "economic" or "tangible" discrimination... in 1980 the EEOC issued Guidelines specifying that "sexual harassment," as there defined, is a form of sex discrimination prohibited by Title VII."

Title VI is applicable to racial and ethical harassment cases in college or university settings but for sexual harassment cases involving federally funded programs, Title VII or Title IX applies.

In recent years, much has been done to raise awareness of sexual harassment in the workplace, and how to go about identifying and reporting such behavior. However, this practice still affects scores of workers, with more and more individuals reporting sexual harassment in an academic setting. Under Title IX, sexual harassment falls under discrimination in an academic setting. Harassment in an academic setting can take many of the same forms it does in a work environment -- name calling, unwanted advances, touching, inappropriate conversation and more.

What makes sexual harassment in academia more difficult and problematic is that while harassment is defined as unwanted behavior, professors and administrators have a great degree of perceived power and control over students, making it often hard to achieve a true sense of consent. Professors, like employers and supervisors, can often take advantage of the relationship between student and teacher to get away with such unwanted sexual behavior.

Professors can make it seem as if willing participation in such activity is a requirement due to their relationship, and can often exert their influence in extreme ways. Their behavior is different from others on the street in that it is an exploitation of the expectations of the student/teacher relationship. This is further compounded by the fact that tenured professors often enjoy relative job security, and a high degree of professional respect.

Your Rights
As a student, you have rights to ensure that you do not have to tolerate sexual harassment. No individual should be subjected to, or exploited by, sexual harassment as carried out by professors. Contact our office today to explore your rights and options for pursing your case.

The Harman Firm, P.C. serves the New York metropolitan area including Manhattan, Brooklyn, Queens, Westchester, White Plains, Nassau and Suffolk Counties.

Now that school has returned, and the Summer long gone, The Harman Firm would like to remind everyone of the problem with college sexual harassment. While most people are aware of the problem of sexual harassment and discrimination in the workplace, the uniqueness of the college setting presents an entirely different spin on sexual harassment.

Like in the workplace with employees and supervisors, there is a power dynamic between students and their professors. Professors can take advantage of this power-balance to leverage a sexual relationship from students and take advantage of them. Students are often reluctant to complain about such behavior, fearing it will lower their grades or get them ostracized on campus.

The Harman Firm believes that all victims of college sexual harassment should stand up and expose those individuals that have taken advantage of them. All people should have the ability to get an education without the threat of harassment and retaliation.

For more information on what college sexual harassment looks like, please watch the clip below:

Continue reading "College Sexual Harassment " »

In 1992 playwright David Mamet shocked and surprised theatergoers with the premiere of his play, Oleanna. Now, as the play returns to Broadway after 17 years, a new production is set to reignite the discussion and debate stemming from the intense and emotional play.

The play centers around two individuals, a professor and one of his students. Through the course of the play, the student accuses her professor of sexual harassment and abuse of his power of his role as a professor.

This groundbreaking work came at a time when America was dealing with the fallout of the Anita Hill case in Washington, DC, extending the debate to the stage. However new then, sexual harassment remains a constant problem in our society, showing how far we still need to work to overcome it.

For a limited time, the Broadway play will feature a "talkback" series, inviting prominent sexual harassment lawyers, HR professionals, politicians and business figures to discuss the role of sexual harassment in the workplace with audiences. This stands to be an enlightening and stimulating opportunity for all that wish to join in the conversation.

Check out a video from The Harman Firm below on college sexual harassment:

In recent years, much has been done to raise awareness of sexual harassment in the workplace, and how to go about identifying and reporting such behavior. However, this practice still affects scores of workers, with more and more individuals reporting sexual harassment in an academic setting.
According to the AAUW, over two thirds of college students have experienced some form of sexual harassment, while staggeringly few of these individuals come forward and report such activity. The sexual harassment seen on college campuses is not greatly different in the ways in which it is manifested- name calling, inappropriate touching, threats. Rather it is the situating of individuals around a college that leads to differences in how it is viewed and treated.
In recent years, sexual harassment carried out by teachers and professors has been under greater scrutiny by watch groups. Professors who have been accused of harassment have often taken advantage of the position of power they occupy over students, leaving the student vulnerable. As well, professors spend a considerable amount of time alone with students in their work. Concerns over appearances, as well as grades have led many individuals to not report harassment that occurs on campus.
As well, sexual harassment may occur between students, or students working on campus. The nature of campus social life, filled with the omnipresence of alcohol affords many opportunities for sexual harassment. Like in instances with professors, students are often afraid to report sexual harassment due to social ostracism, and fear of retaliation.
It is crucial to raise awareness of sexual harassment on college campuses across the country. In doing so, many individuals can come forward with their experiences and to seek justice.