Policy on Equal Employment Opportunity and the Prohibition of Discrimination, Harassment, and Retaliation

Applicability 
This policy applies to the entire Prep community while interacting with Prep personnel as  described further below.
 
This policy does not address incidents of discrimination and harassment between students;  those incidents would be addressed by the policies and procedures located in the Handbook for Students and Parents.  

In the event an incident involves conduct towards a student, the incident should be addressed  in accordance with Prep’s Policy on Sexual Misconduct and Maintaining Appropriate Boundaries with Students.  

Definitions
Covered person means the entire Prep community while interacting with Prep personnel.*

Covered employee means any covered person who is employed by Prep.  

Non-employee means any covered person who is not employed by Prep.  

Student means any current student participant in either Prep or PREP 9, regardless of age. For the  avoidance of doubt, this means students in the Preparatory Component, post-placement students,  and undergraduate students.  


*For the avoidance of doubt, this policy applies to the following individuals at Prep: students and their families,  alumni, visitors, applicants, executive staff, admissions employees, Preparatory Component employees (including  teachers), post-placement employees, counselors, tutors, undergraduate affairs employees, college guidance  employees, professional advancement employees, advisors, social workers, I.Q. testers, development employees,  alumni affairs employees, finance and administration employees, technology employees, operations staff, human  resources employees, therapists, psychiatrists, employees or agents of partner schools or organizations, vendors,  and independent contractors.

Policy Statement and Procedure
Non-Discrimination & Equal Employment Opportunity  
Prep provides equal employment opportunity for all applicants and employees.  

Prep is committed to maintaining a working and learning environment free from discrimination.  Accordingly, Prep strictly prohibits and does not tolerate unlawful discrimination on the basis of  race (including traits historically associated with race, such as hair texture and protective  hairstyles), color, religion, creed, national origin, ancestry, sex (including pregnancy, childbirth,  or related medical conditions), gender, gender identity or expression, age, sexual orientation,  physical or mental disability, citizenship, genetic information or predisposing genetic  characteristics, marital status, familial status, domestic violence victim status, military status,  including past, current, or prospective service in the uniformed services, or any other  characteristic protected by applicable law. 

Anti-Harassment 
Prep also is committed to maintaining a work environment that is free of unlawful harassment. Harassment is a form of discrimination and is unlawful under federal law (including Title VII of  the Civil Rights Act of 1964), state law (the New York State Human Rights Law), and local law  (the New York City Human Rights Law). 

Harassment generally consists of unwelcome conduct, whether verbal, physical, or visual, based  upon an individual’s protected status. Harassment based on a protected category is unlawful  when it subjects an individual to inferior terms, conditions, or privileges of employment.  

Sexual harassment is a form of gender-based discrimination that is unlawful under federal,  state, and local law. Sexual harassment includes harassment on the basis of sex, sexual  orientation, self-identified or perceived sex, gender expression, gender identity, and the status  of being transgender. Sexual harassment is not limited to sexual contact, touching, or  expressions of a sexually suggestive nature. Sexual harassment includes all forms of gender  discrimination including gender role stereotyping and treating employees differently because of  their gender.  

Understanding gender diversity is essential to recognizing sexual harassment because  discrimination based on sex stereotypes, gender expression, and perceived identity are all  forms of sexual harassment. Respecting an individual’s gender identity is a necessary first step  in establishing a safe workplace.  

Prohibited harassment can occur between any individuals, regardless of their sex, gender, or  other actual or perceived identities. This policy prohibits harassment by anyone in the  workplace, including covered employees and non-employees. Harassing conduct can include a  series of incidents or a single incident. 

Sexual harassment includes any unwelcome conduct which is either directed at an individual  because of that individual’s gender identity or expression (perceived or actual), or is of a sexual  nature when: (1) submission to this conduct is explicitly or implicitly linked to decisions  affecting hiring, evaluation, promotion, or other aspects of employment, (2) such conduct is  made either explicitly or implicitly a term or condition of employment, or (3) such conduct  interferes with an individual’s employment or job performance or creates an intimidating,  offensive, or hostile work environment, even if the complaining individual is not the target of  the underlying conduct.  

There are two main types of sexual harassment:  

1. Hostile Work Environment. Behaviors that contribute to a hostile work environment  include, but are not limited to, words, signs, jokes, pranks, intimidation, or physical  violence which are of a sexual nature, or which are directed at an individual because of  that individual’s sex, gender identity, or gender expression. Sexual harassment also  consists of any unwanted verbal or physical advances, sexually explicit derogatory, or  discriminatory statements which an employee finds offensive or objectionable, causes  an employee discomfort or humiliation, or interferes with the employee’s job  performance. 
2. Quid Pro Quo Harassment. Sexual harassment also occurs when a person in authority  tries to trade job benefits for sexual favors. This can include hiring, promotion,  continued employment or any other terms, conditions, or privileges of employment.  

Prep’s Anti-Harassment policy is specifically designed to be broader than the law and to  prohibit unwelcome conduct even if such conduct would not form the basis of a legal claim. Examples of prohibited behavior include but are not limited to: 

• Derogatory comments, epithets, slurs, or jokes based on or relating to an individual’s  protected status;
• Unwelcome sexual flirtations, advances, or propositions, or unwelcome sexual  innuendo, pranks, or gossip;
• Physical acts of a sexual nature, such as touching, pinching, patting, kissing, hugging,  grabbing, or brushing against another employee’s body;
• Using a weapon to intimidate or coerce sexual activity; 
• Unwanted sexual comments, advances, or propositions, including repeated requests for  dates, gift-giving as a romantic gesture, subtle or obvious pressure for unwelcome  sexual activities, or requests for sexual favors accompanied by implied or overt threats  concerning the target’s terms and conditions of employment.
• Sexually oriented gestures, noises, remarks or jokes, or questions and comments about  a person’s sexuality, sexual experience, or romantic history. 
• Display of discriminatory or sexually suggestive posters, cartoons, drawings, screen  savers, videos, images, or objects;
• Sabotaging work product, bullying, name-calling, interfering with or destroying  someone’s work area, or otherwise interfering with an individual’s work or work  environment based on their protected characteristic, including intentional misuse of an  individual’s pronouns, or creating different expectations for individuals based on their  perceived identities;
• Stereotyping, which occurs when someone’s conduct or personality traits are judged  based on other people's ideas or perceptions about how individuals of a particular sex  or other protected category should act or look; and 
• Making or threatening reprisal after an internal or external complaint of discrimination  or harassment. 

Harassment is not limited to the physical workplace itself. It can occur while employees are  traveling for business or at employer sponsored events or parties. Calls, texts, emails, and  social media usage by covered persons can constitute unlawful harassment, even if they occur  away from the workplace premises, on personal devices, and/or during non-work hours. This  policy applies when individuals are working remotely.  

Employees at every level who engage in harassment or discrimination, including managers and  supervisors who engage in harassment or discrimination or who allow such behavior to  continue, will be penalized for such misconduct, up to and including termination. Managers  and supervisors are required to report any complaint that has been made to them and/or any  harassment or potentially discriminatory behavior they observe or learn about, and failure to  do so will result in appropriate disciplinary action. Prep also will take appropriate corrective  action with respect to harassment by any non-employee, to ensure the improper activity ceases. 

Bystander Intervention 
There are five standard methods of bystander intervention that can be used when anyone  witnesses harassment or discrimination and wants to help.  

1. A bystander can interrupt the harassment by engaging with the individual being  harassed and distracting them from the harassing behavior; 
2. A bystander who feels unsafe interrupting on their own can ask a third party to help  intervene in the harassment; 
3. A bystander can record or take notes on the harassment incident to benefit a future investigation; 
4. A bystander might check in with the person who has been harassed after the incident,  see how they are feeling and let them know the behavior was not ok; and
5. If a bystander feels safe, they can confront the harassers and name the behavior as  inappropriate.  

Any employee witnessing harassment as a bystander is encouraged to report it. A supervisor or manager that is a bystander to harassment is required to report it. 

Retaliation  
Prep strictly prohibits retaliation against any individual for engaging in protected activity.  Protected activity includes (1) making a good faith complaint of discrimination, harassment, or  retaliation, even if such complaint ultimately is not found to be substantiated; (2) testifying,  providing information, or otherwise participating in a proceeding regarding alleged  discrimination, harassment, or retaliation, or in a Prep or government agency investigation of  such a matter; (3) opposing discrimination, harassment, or retaliation, including against another  employee; or (4) encouraging another individual to report discrimination, harassment, or  retaliation.

Retaliation is unlawful and is any action by an employer or supervisor that punishes an  individual upon learning of a harassment claim, that seeks to discourage a covered person from  making a formal complaint or supporting a sexual harassment or discrimination claim, or that  punishes those who have come forward. These actions need not be job-related or occur in the  workplace to constitute unlawful retaliation. Retaliation is unlawful under federal, state, and local law.  
Examples of retaliation may include, but are not limited to:  

• Demotion, termination, denying accommodations, reduced hours, or the assignment of  less desirable shifts; 
• Publicly releasing personnel files; 
• Excluding an employee from projects; or
• Reducing work responsibilities, passing over for a promotion, or moving an individual’s  desk to a less desirable location.  

If you feel that you have been retaliated against for engaging in any protected activity, you  should promptly report such retaliation in accordance with the reporting procedures described below.
 
A covered employee who engages in retaliatory conduct in violation of this policy will be  subject to disciplinary action, up to and including termination. Prep also will take appropriate corrective action with respect to any retaliation by a non-employee. 

Reporting  
Prep cannot prevent or remedy discrimination or harassment unless it knows about it. If you  believe that you have experienced or witnessed discrimination or harassment of any type, or  have been retaliated against in any way, you should promptly notify your immediate supervisor,  the Human Resources Manager, or the Executive Director. 

Managers and supervisors are required to report any complaint that they receive, or any  harassment that they observe or become aware of, to the Human Resources Manager or the  Executive Director.  

If either the Human Resources Manager or the Executive Director is the subject of the  complaint, the report should be made to the Chief Executive Officer.  

Reports of harassment, discrimination, and retaliation may be made verbally or in writing. All  employees also have access to a complaint form to report discrimination, harassment, or retaliation and file complaints, which is available on Prep’s wiki page and your Paycom account.  Use of this form is not required.  

Reports of sexual harassment may also be made anonymously. Any individuals who wish to report sexual harassment anonymously may do so through EthicsPoint by contacting 844-235- 9692 or submitting a report at https://prepforprep.ethicspoint.com. Prep will address anonymous reports in accordance with this policy, but any investigation may be limited based on  the information provided in the anonymous report.  

Aside from reporting internally, you may report harassment to certain government agencies,  including the Equal Employment Opportunity Commission (“EEOC”) (at (800) 669-4000 or  https://www.eeoc.gov/employees/charge.cfm), the New York State Division on Human Rights  (“NYSDHR”) (at (718) 741-8400 or https://dhr.ny.gov/complaint), and the New York City  Commission on Human Rights (“NYCCHR”) (at (212) 306-7450 or  
https://www1.nyc.gov/site/cchr/enforcement/complaint-process.page). The NYSDHR has also  established a hotline for individuals to make complaints: 1-800-HARASS-3. Complaints of sexual  harassment generally must be made (1) to the EEOC within 300 days of the alleged harassment; (2) to the NYSDHR within three years of the alleged harassment; and (3) to the NYCCHR within  three years of the alleged harassment. Victims of harassment also may pursue claims in  arbitration or in federal or state court, depending on whether they are bound by an  enforceable agreement requiring the arbitration of such disputes. Victims of harassment may  be entitled to relief, including monetary damages, injunctive relief, attorneys’ fees, and fines. Individual harassers also may be subject to liability in harassment claims.  

If the harassment involves assault, physical touching, coerced physical confinement, or coerced  sex acts, victims also may contact the New York Police Department (at 311, 911, or  https://www1.nyc.gov/site/nypd/about/about-nypd/email-the-commissioner.page). 

Investigation Procedure 
All allegations of discrimination, harassment, and retaliation will be taken seriously. After  receiving a complaint, the Human Resources Manager and the Executive Director (or such other  person(s) as appointed by the Chief Executive Officer) will determine whether further  investigation is required. 

If further investigation is required, the Executive Director or their designee will conduct a  prompt, thorough, and impartial investigation. In some cases, depending on the circumstances,  Prep may engage outside counsel or an investigation firm to conduct an investigation. 

Investigations may include the following steps:  

• Prep will determine whether to take any interim actions (for example, instructing the  covered person about whom the report was made to refrain from working or otherwise  engaging in activities on behalf of Prep), as appropriate. 
• To the extent a complaint involves a student, the Executive Director will notify the  student’s parent and/or caregiver.
• The investigator will take steps to obtain, review, and preserve documents sufficient to  assess the allegations, including documents, emails, or phone records that may be  relevant to the investigation. 
• The investigator will seek to interview all parties involved, including any relevant  witnesses. The investigator will advise parties that retaliation is prohibited. 
• The investigator will create a written documentation of the investigation (such as a letter,  memo, or email) that summarizes the evidence obtained in the investigation. 
• Following the conclusion of an investigation, the Executive Director will endeavor to  promptly notify the individual(s) who reported the behavior and the individual(s) about  whom the report was made that the investigation has been completed and implement  any corrective actions identified.  

All covered persons are required to fully cooperate in any investigation pursuant to this policy.  Prep will endeavor to preserve confidentiality whenever possible.  

In order to protect Prep students and other members of the Prep community, Prep may review  or investigate reports of violations of this policy, even if a complainant withdraws their complaint or does not want to participate in an investigation.  

If Prep determines that a violation of this policy has occurred, Prep will take disciplinary action as  appropriate. Such action may include, but is not limited to, termination (for employees and  volunteers), ban from events (alumni, third parties), and/or terminating agreements or  contracts for services (independent contractors, partner organizations). Covered employees  who are terminated for misconduct under this policy will be ineligible for rehire.  

In the event allegations involve the Executive Director or there is a conflict of interest, the Chief  Executive Officer will designate another individual to conduct the investigation.  

Recordkeeping 
In the event an investigation is conducted, the Executive Director shall notify the Chief Executive  Officer. The Chief Executive Officer will inform the President(s) of the Board of Trustees. 

Reports of potential violations of this policy will be maintained by the Executive Director. Access  to these records will be limited. If the individual about whom the complaint was made is an  employee or former employee, a note of the complaint will also be made in the employee’s  personnel file.  

Required Training 
Prep will conduct annual anti-harassment training in accordance with applicable law.
 
Covered employees designated to receive and investigate reports of potential violations of this  policy will receive training consistent with the above and additional training on the investigation  process. Such training will include how to conduct an investigation.  

Questions
Questions or concerns about this policy should be directed to the Human Resources Manager.