Otto Specht School Non-Discrimination and Anti-Harassment Policy

THREEFOLD EDUCATIONAL FOUNDATION AND SCHOOL, OTTO SPECHT SCHOOL

Otto Specht School and the entire Threefold Educational Foundation prohibits any and all forms of discrimination and harassment which includes behaviors commonly recognized as bullying, hazing, sexual harassment and sexual abuse/assault. Under New York State Human Rights Law, it is illegal to discriminate based on age, race, creed, color, national origin, sex, sexual orientation, gender identity or expression, military status, physical or mental disabilities, pre-disposing genetic characteristics, familial status, marital status, criminal history, or status as a victim of domestic violence. This policy also covers religion, physical traits, academic achievement, grade level, socio-economic status, neighborhood/area of residence, personal characteristics or beliefs, or any other basis protected by federal, state, or local law. Discrimination and harassment can take place in person or in writing and can be physical, verbal, demonstrative, or electronic. Regardless of its form, Threefold prohibits it.

TO WHOM THIS POLICY APPLIES:

This Policy applies to all Threefold students, their parents/guardians, all Threefold employees (faculty, administration, athletic personnel, and other staff, whether full-time or part-time), applicants for employment, volunteers, employees of contracted service providers, independent contractors and temporary employees working at Threefold. The term “covered individuals” will be used to refer to all individuals identified above.

Students and covered individuals acknowledge that in addition to this Non-Discrimination and Anti-Harassment Policy, they have undergone training provided by Threefold Educational Foundation and School addressing Gender Diversity.

WHERE THE THREEFOLD EDUCATIONAL FOUNDATION NON-DISCRIMINATION AND ANTI- HARASSMENT POLICY APPLIES:

The Threefold Non-Discrimination and Anti-Harassment Policy applies to the physical school and campus; to all institution-sponsored and affiliated activities and events, whether in school or out of school, including, but not limited to, special events, field trips, overnight trips, sleepovers, sporting events and practices; to all forms of transportation used by Threefold personnel and students to come and go to school and school-affiliated activities; and to all forms/use of technology.

Furthermore, because students' and employees' behavior, whether inside or outside of school or workplace, reflects on Threefold and can have a significant impact on life at school and workplace, there are times when it is appropriate and important for Threefold to respond to incidents that occur outside of school and beyond school hours. Therefore, Threefold reserves the right to discipline those who engage in discrimination or harassment of Threefold students and employees at any location and at any time if such discrimination or harassment causes a substantial disruption to the school community.

No matter where one is located, whether inside or outside of school or workplace or in cyberspace, any use of technology whether personally or school-owned must comply with this Policy.

DEFINITIONS AND EXAMPLES

“Bullying.” Definition: Any form of physical, verbal, demonstrative, or electronic harassment that one should reasonably expect would demean, threaten, or physically or emotionally hurt its victims. It can be of a sexual nature or otherwise. It can take place in person, over the phone, in cyberspace, or through an on-line communication, or any other means that communicates such harassment. It can be one-on-one or group-based. Both adults and children can be bullied or be the bully.

Examples (include, but are not limited to):

pushing, elbowing, poking, tripping, sitting on, kicking, or hitting
threatening another with physical harm
taunting others because of their physical traits including, but not limited to, age, voice, height, weight, athletic skill, or any other personal characteristic
demeaning others intellectual ability, academic performance, or grade level
taunting others about their social skills, e.g., making jokes at the expense of someone socially awkward
taunting others either verbally or using gestures about their actual or perceived sexual orientation
taunting others either verbally or using gestures about their actual or perceived gender identity
taunting others about their actual or perceived race, color, or national origin or using derogatory terms to refer to someone's race or ethnic background
excluding someone from a group or activity purposely to hurt them, e.g., refusing to let someone sit at a particular table
damaging, hiding, taking of property
calling someone offensive or demeaning names
making jokes involving offensive stereotype
posting on Facebook, or any other on-line social networking site, mean, offensive, demeaning, embarrassing, or threatening comments or images
texting, whether individually or as a group, mean, offensive, demeaning, embarrassing, or threatening comments or images
creating fake web pages or fake profiles or assuming another's identity in any social media context to create content likely to cause embarrassment or concern
spreading mean and hurtful rumors verbally or on-line; or
creating offensive graffiti.

“Hazing.” Definition: Any activity expected of someone joining a group (e.g., athletic team, co- curricular activity, student publication), grade, or the school itself or expected of someone to maintain any status in a group, grade, or the school that: (1) humiliates, (2) degrades, or (3) risks emotional and/or physical harm or embarrassment to the individual or the Threefold community, regardless of the person's willingness to participate and regardless of its intended result or effect. Threefold administration does not consider hazing activity to be harmless pranks or comical antics aimed at developing bonds of brotherhood or sisterhood among young men or women. Such behavior will not be tolerated.

Examples (include, but are not limited to):

requiring someone to: drink alcohol or use drugs
consume any vile or hazardous substance, or allow such a substance to be smeared on the body
endure any physical striking, beating, burning, branding, or to engage in self-mutilation or requiring one to commit such acts upon another
endure acts of sexual abuse/assault
be subjected to abusive and demeaning speech
participate in acts of personal servitude
proceed through any type of gauntlet
suffer sleep deprivation
restrict personal hygiene
engage in indecent exposure
participate in any illegal activity
participate in physically dangerous activities such as exposing oneself to extreme weather conditions without appropriate protective clothing
submit to being tied up, abducted, or blindfolded
engage in any degrading or humiliating act, or any activity that violates any aspect of Threefold codes of conduct.

“Sexual harassment.” Definition: NYS defines sexual harassment as 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. It includes any unwelcome or unwanted sexual advances, requests for sexual favors, or other verbal, physical, demonstrative, or electronic conduct or communication of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, promotions, raises or educational experience; or

2. Submission or rejection of such conduct is used as the basis for an employment, academic, or school-related decision; or

3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or participation in a school program or extra-curricular activity; or

4. Such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working, learning, studying, or school environment.

Any type of sexual advance, request for sexual favors, or other verbal, physical, demonstrative, or electronic conduct or communication of a sexual nature made by any Threefold employee, volunteer, employee of a contracted service provider, or other covered individual towards any student, employee or covered individual, whether welcomed by that person or not, is sexual harassment and a violation of this Policy. Behaviors that contribute to a hostile environment, including, but 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.

Generally, any behavior in which an employee or covered individual is treated worse because of their gender (perceived or actual), sexual orientation, or gender expression is considered a violation of Threefold’s policy.

Sexual harassment may occur in a single incident or be a series of incidents. It can occur between two adults, an adult and a student, two students, a group and an individual, or people of the same or different gender.

Examples (including, but not limited to):

intentional touching of a sexual or other private area of a person’s body, e.g., grabbing, patting, poking, or slapping the breasts, buttocks, or groin area
supposed inadvertent contact with the sexual or private parts of the body, e.g., brushing up against someone’s leg with one's groin area and acting as if it was unintentional;
full body-hugs;
sexually-oriented verbal kidding, teasing, or joking made to or in front of someone who finds it offensive
making suggestive comments about physical characteristics or appearances
making offensive gender-based remarks or jokes, e.g., saying that a male is too feminine or that a female is too masculine
commenting or asking questions about someone’s sexual experience or abilities
spreading rumors of a sexual nature
exposing another person to the display of sexually suggestive objects, pictures, cartoons, or posters, e.g., showing another person pornography
photographing, videotaping, or making any other visual or auditory recording of sexual activity or the sexual or intimate parts of a person's body without their knowledge and consent, and, in addition, if the person being photographed or recorded is a minor, doing so even with their consent, as such images may constitute illegal child pornography
sending via electronic means images of sexual activity or sexual or intimate parts of the body, i.e., "sexting”.
Sexual gestures (e.g., pantomiming sex acts)

“Sexual abuse/assault.” Definition: Physical contact with a sexual or intimate part of the body without consent engaged in for the purpose of sexual gratification or to degrade or abuse. It includes various forms of sexual intercourse as well as lesser forms of sexual touching.

Sexual or intimate body parts include, but are not limited to: Breasts, buttocks, genitals, the groin area, the mouth and upper thighs.

Lack of Consent: Occurs when one is physically or verbally forced or intimidated into doing something sexual or submitting to a sexual act, or when one has explicitly indicated a lack of consent, or when the circumstances make it obvious that consent has not been given.

Circumstances that make it obvious that consent has not been given include, but are not limited to: (1) being too intoxicated to say "no" or resist, (2) being asleep and therefore unable to consent, or (3) situations in which someone is deemed to be physically or mentally incapable of giving valid consent whether due to the use of intoxicants or any other reason. Children under 17 years of age cannot legally consent under New York State Law to having sex or sexual conduct with an adult.

Examples of sexual assault or abuse include, but are not limited to:

touching, grabbing, pinching, rubbing, or fondling another person's buttocks, breasts, or genital area, whether over or under clothing, without consent as defined herein and engaged in for the purpose of sexual gratification or to degrade or abuse;
rubbing one's genital area up against another person, whether over or under clothing, without consent as defined herein and engaged in for the purpose of sexual gratification or to degrade or abuse;
touching another person with one's genitals without consent as defined herein and engaged in for the purpose of sexual gratification or to degrade or abuse;
engaging in sexual behavior with someone too intoxicated to give informed consent;
physically or verbally intimidating someone to engage in a sex act or sexual contact, whether done so expressly or implicitly.

RESPONSE TO VIOLATIONS OF THE NON-DISCRIMINATION AND ANTI-HARASSMENT POLICY

This section details the immediate response Threefold encourages when an incident of discrimination or harassment is occurring. The section below, “Reporting Protocol,” details how and when such an incident should be reported after the incident has occurred.

Victims: Threefold strongly encourages anyone who feels that they are a victim of discrimination or harassment, whether a student or an adult, to tell the offender to cease their offensive behavior and thereby make it clear that the behavior is offensive and unwelcome. Confronting someone in this manner has been shown to be an effective way to end such actions. However, Threefold understands that not all victims will feel comfortable confronting their offender in this manner and, therefore, wishes to be perfectly clear that there is no requirement that a victim do so in order for Threefold to address a reported violation. Reported violations of this Policy will be handled by the Foundation in the same manner regardless of whether the person victimized confronted their harasser directly.

Witnesses and Bystander Intervention: Prevention of harassment is the responsibility of the entire Threefold community. Threefold expects its students, employees, volunteers and other adults to demonstrate a sense of responsibility and respect for all members of the Threefold community. Therefore, upon witnessing harassment, student witnesses and

bystanders are encouraged to intervene by telling the harasser to stop his or her offensive behavior and by thereafter reporting the violation. All Threefold employee bystanders or witnesses and volunteer bystanders or witnesses are required, by this Policy, to intervene as per the examples outlined below, and then report the violation. It is important to note that failure of any such adult to intervene on behalf of a victim upon observing the harassment often emboldens the harasser to increase his or her harassing conduct, while making the victim of Harassment feel more powerless. For this reason, all Threefold employees and volunteers are required to intervene as described below in addition to immediately reporting the incident.

Examples of bystander intervention (in addition to immediately reporting the violation) include:

A bystander/witness can interrupt the harassment by engaging with the individual being harassed and distracting them from the harassing behavior;
A bystander/witness who feels unsafe interrupting on their own can ask a third party to help intervene in the harassment;
A bystander/witness can record or take notes on the harassment incident to benefit a future investigation;
A bystander/witness 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
If a bystander/witness feels safe, they can confront the harassers and name the behavior as inappropriate. When confronting harassment, physically assaulting an individual is never an appropriate response.

REPORTING PROTOCOL

Threefold believes any violation of this Policy is a serious matter requiring immediate attention and a thorough investigation as it is a threat to the safety and well-being of a member of our Threefold community, as well as being antagonistic to our core values. Students, their parents and guardians are strongly encouraged to report such violations. Threefold employees and covered individuals are required to do so. This should be done no matter who the suspected harasser is.

HOW TO REPORT

Students, Parents/Guardians, & Other Concerned Non-Threefold Staff

Students, parents/guardians, and any other concerned individuals not working for Threefold who are aware of a violation or suspected violation of this Policy should tell any member of the Threefold faculty or staff with whom they are comfortable speaking about the suspected violation. Threefold encourages reporting incidents of harassment as soon as possible; however, there is no time limit on when such a report may be made. The faculty or staff member who is informed about an alleged violation is obligated to report the suspected violation as designated in this Policy (see below), for investigation.

If for any reason, a student, parent/guardian, or other concerned individual who does not work at Threefold is uncomfortable reporting the violation to a Threefold faculty or staff member or a member of the Threefold Administration identified below, he or she may instead report directly to the following outside individual:

Julie Freudenheim, Senior Managing Director at T&M USA, LLC at 212-417-9151 or via email jfreudenheim@tmusallc.com,

Threefold Employees and all covered individuals, (including volunteers, employees of contracted service providers, and independent contractors working at Threefold) Reporting Protocol Promptly upon learning of a possible violation of the Policy, whether as a victim, witness, or recipient of such information from someone else, Threefold employees and covered individuals must report the possible violation to one of the following people:

1) Leadership of the School / Organization where the incident took place;

2) Threefold Executive Director;

3) Threefold Human Resources Manager.

If anyone other than the Executive Director is notified, that person must promptly inform the Executive Director of the report. And when the Executive Director is notified about a possible violation of the Policy, he or she must also notify the Threefold Board.

If the report involves leadership in any of the schools or organizations, the report should be made directly to the Executive Director or Human Resources Manager. If for any reason, a Threefold employee or covered individual is uncomfortable reporting the violation to one of the above- denominated individuals, he or she may instead report directly to any of the following resources:

Independent reporting firm: Julie Freudenheim, Senior Managing Director at T&M USA at 212-417-9151or via email jfreudenheim@tmusallc.com
U.S. Equal Employment Opportunity Commission; 1-800-669-4000 1-800-669-6820 (TTY) info@eeoc.gov eeoc.gov
NYS Division of Human Rights; 1-888-392-3644 http://www.dhr.ny.gov

Anonymity

Should any student, parent/guardian, employee or covered individual wish to report a violation of the Threefold Policy anonymously, he or she may do so. Regardless of how a violation is reported, it will be addressed and investigated to the extent possible given the limitations inherent in investigating anonymous reports. Such an anonymous reporter may decide to reveal his or her identity at any later time which will greatly increase Threefold’s ability to deal effectively with the reported violation.

When Report must be made by Threefold Employees or Covered Individuals

All Threefold employees and covered individuals who have reason to suspect that a violation has or may have occurred are under an obligation to promptly report this information or suspicion to the indicated persons set forth above in this Policy. A “reason to suspect” may be predicated upon being told directly or indirectly that a violation has occurred, overhearing talk that a violation has occurred, or observing behavior which gives rise to a suspicion that a violation has occurred. The obligation to report is mandatory regardless of whether the alleged violation involves another Threefold employee, volunteer, an employee of a contracted service provider, or a student, as the victim or the offender. When in doubt of whether you have sufficient reason to suspect a violation has or may have occurred, always err on the side of caution by reporting what you know or suspect.

Special Reporting Requirements for Reports of Sexual Abuse/Assault

In cases of sexual abuse/assault, due to the heightened seriousness of such allegations, reports must be made by Threefold employees and covered individuals immediately upon coming into the possession of the information that such an act has or may have occurred and that such an act has or may have occurred and the person so notified, must immediately ensure that the other designated individuals are made aware of the report. In addition, the Threefold Board must be told about the report as soon as practicable. If a School or Organizational Leader is the subject of the report, the matter should be brought directly to the attention of the Executive Director.

Mandatory Reporting to State Authorities

There are circumstances in which a Threefold employee may be required to report to State authorities their reasonable suspicion that a child has been abused, neglected or maltreated. See Appendix 1: Mandatory Reporting to the New York State Hotline and Mandatory Reporting to the New Jersey State Hotline.

Protection of Reporter’s Identity

The reporter's identity and the information he or she reports will only be shared with those necessary in Threefold’s judgment and discretion to appropriately address the situation.

Retaliation of any kind against a person or persons who have made such a report will not be tolerated and will subject anyone who engages in it to disciplinary action which may include expulsion or termination. (See, “Retaliation Prohibited” below.)

Amnesty Provision

For Organizations with students or program participants who are minors (under 21 years of age)

Threefold has a strict policy about the use of alcohol and other drugs by its students.

Threefold will not tolerate alcohol or drug use among its students. It is absolutely forbidden at any time, on any part of the Threefold campus, and at any school-related function, including the bus ride to and from school. Under normal circumstances, if a student possesses or uses drugs or alcohol, his or her parents/guardians are notified and the student may be expelled. However, because the health and safety of students is the School's paramount concern, to minimize any hesitation a student may have to report a violation of the Threefold Non-Discrimination and Anti- Harassment Policy, while not overlooking a violation of its drug and alcohol policy, the School will place great weight on the positive impact of reporting an incident in deciding if any action is appropriate for the reporter's breach of this policy.

RETALIATION PROHIBITED

Retaliation against anyone who in good faith reports a violation or suspected violation of this Policy, or who participates in the investigation of a complaint, is strictly prohibited. Any person who engages in such retaliation will be subject to disciplinary action including, but not limited to, expulsion, if a student, or termination, if a Threefold covered individual. Prohibited "retaliation" includes, but is not limited to: threats, intimidation, harassment, and any other adverse action threatened, expressly or implicitly, or taken against anyone who reports a violation or suspected violation of this Policy or who participates in an investigation of a complaint. Any Threefold student, their parent or guardian, or other non-Threefold employee who either observes or becomes aware of such retaliatory behavior is strongly encouraged to report it to institution authorities. All Threefold employees and covered individuals are required to do so. Any individual who believes they have been the target of such retaliation should inform a supervisor, manager, or the Human Resources Manager or the Executive Director of Threefold Educational Foundation. All covered individuals may also seek relief from government agencies, as explained further in this policy.

Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has:

Made a complaint of sexual harassment or discrimination, either internally or with any government agency
Testified or assisted in a proceeding involving sexual harassment or discrimination under the Human Rights Law or any other anti-discrimination law
Opposed sexual harassment or discrimination by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of suspected harassment
Reported that another employee has been sexually harassed or discriminated against; or
Encouraged a fellow employee to report harassment.

Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.

INTENTIONAL FALSE REPORTS PROHIBITED

Threefold considers any allegation of harassment to be a serious matter. Therefore, if it is determined at the conclusion of an investigation that a reported violation was intentionally falsely made or that false information was knowingly provided regarding the complaint, Threefold will take appropriate disciplinary or other action against such individual.

INVESTIGATION OF REPORTED INCIDENTS

After a report is made, Threefold will direct that an investigation be conducted by appropriate individuals who will be selected based upon the nature of the report and the individuals involved. This investigation may be conducted by Threefold personnel, or by counsel and/or by an outside investigator, depending on the facts and circumstances of the report. Threefold recognizes that reporting a violation of the Policy will often involve discussing matters of a sensitive nature.

Participating in a harassment investigation can be uncomfortable and has the potential to retraumatize an employee or student. Therefore, Threefold and any outside investigator it retains will bear this in mind and use the utmost discretion when conducting the investigation in order to minimize the chances that information about the matter will become known by unnecessary individuals.

As part of any investigation conducted pursuant to this Policy, the reporter, the alleged victim (should that be someone other than the reporter), and the alleged offender will be interviewed separately about the reported facts. They will be advised of the prohibition against retaliation for making such a report and/or cooperating with an investigation. Furthermore, others who may have relevant knowledge may also be questioned, and they too will be reminded of Threefold’s anti-retaliation policy and the need for discretion. Given the fact that these investigations help to preserve the safety of our community, Threefold expects all members of the community to cooperate in an investigation if requested to do so. All Threefold employees and covered individuals are under a duty to cooperate. Threefold will try to be as discrete as possible during the investigation and confidentiality will be maintained to the extent possible given the facts and circumstances of the complaint and the need to do a fair and thorough investigation.

Nothing in this Policy is intended to limit the options of any person who believes that he or she has been subject to unlawful harassment or discrimination. Such a person may at any time in addition to participating in the Threefold Policy procedures pursue his or her rights with an outside agency, governmental entity, or legal counsel. See section titled “Legal and Other Protections”

At the conclusion of the investigation, and after the decision regarding what, if any, disciplinary or remedial action is to be taken has been made, the alleged victim and alleged offender will be informed about the disposition of the matter. If either party is dissatisfied with the outcome, remedy may be sought by contacting the Executive Director or the Threefold Board.

Communication of any information regarding the matter to other members of the Threefold community, whether that be faculty, staff, the student body, or parents/guardians, will be decided on a case-by-case basis with all due consideration being given to issues of privacy, confidentiality, and the emotional and physical well-being of all those involved.

Disciplinary decisions will be based on the facts and circumstances of each case and will take into account the offender's prior conduct and the wishes of the victim, although the latter will not be the controlling factor as Threefold must act in the interest of protecting the entire Threefold community and campus as well as the victim. In addition to being disciplined for engaging in an act of prohibited harassment or retaliation, Threefold employees may also be disciplined for not following all aspects of this Policy, including but not limited to, the reporting protocols.

Possible disciplinary outcomes for students include, but are not limited to: a verbal warning, parental notification, loss of privileges, counseling, sensitivity training, probation, suspension, expulsion, dismissal, and/or notification to local or state authorities. Threefold has the sole discretion as to appropriate discipline and can expel/dismiss, in appropriate situations, when no prior discipline has been taken. For certain offenses, expulsion/dismissal may be the first and only disciplinary step taken. Any disciplinary step or steps may be skipped at the sole discretion and judgment of Threefold after investigation and analysis of the total situation. Although expulsion/dismissals generally include prior notice to the affected student, Threefold reserves the right to bypass any notice.

Possible disciplinary outcomes for employees and other covered individuals include, but are not limited to: verbal coaching, verbal warnings, written warnings, sensitivity counseling, probation, suspension with or without pay, termination and other appropriate discipline. Threefold has the sole discretion as to appropriate discipline and can terminate employees, in appropriate situations, when no prior discipline has been taken. For certain offenses, termination/dismissal may be the first and only disciplinary step taken. Any disciplinary step or steps may be skipped at the sole discretion and judgment of Threefold after investigation and analysis of the total situation. Although involuntary terminations/dismissals generally include prior notice to the affected employee, Threefold reserves the right to bypass any notice.

In addition to disciplinary action with regard to the accused, Threefold will consider what, if any, remedial actions should be taken with regard to the Institutions as a whole to prevent similar offenses from occurring in the future.

Threefold will keep records of all such investigations and such records will include, but not be limited to, information about the allegation as gathered from the reporter, the alleged victim, the person accused, and others interviewed. In addition, the decision reached regarding appropriate disciplinary action and any other relevant follow-up action engaged in by the School will be documented. These records will be maintained in accordance with Threefold Document Retention Policy. Documentation of harassment investigations is necessary to provide an accurate record regarding the reported violation and how it was handled, one that does not have to rely on the recollections of people whose memories may become inaccurate over the passage of time.

Legal and Other Protections

Sexual harassment is not only prohibited by the Threefold Educational Foundation, it is also prohibited by state, federal, and, where applicable, local law.

The internal process outlined in the policy above is one way for employees to report sexual harassment. Employees and covered individuals may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may also seek the legal advice of an attorney.

New York State Division of Human Rights:

The New York State Human Rights Law (HRL), N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State and protects employees and covered individuals, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the New York State Division of Human Rights (DHR) or in New York State Supreme Court.

Complaints of sexual harassment filed with DHR may be submitted any time within three years of the harassment. If an individual does not file a complaint with DHR, they can bring a lawsuit directly in state court under the Human Rights Law, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.

Complaining internally to Threefold does not extend your time to file with DHR or in court. The three years are counted from the date of the most recent incident of harassment.

You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases receive a public hearing before an administrative law judge. If sexual harassment is found at the hearing, DHR has the power to award relief. Relief varies but it may include requiring your employer to take action to stop the harassment, or repair the damage caused by the harassment, including paying of monetary damages, punitive damages, attorney’s fees, and civil fines.

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza,

Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: www.dhr.ny.gov.

Go to dhr.ny.gov/complaint for more information about filing a complaint with DHR. The website has a digital complaint process that can be completed on your computer or mobile device from start to finish. The website has a complaint form that can be downloaded, filled out, and mailed to DHR as well as a form that can be submitted online. The website also contains contact information for DHR’s regional offices across New York State.

Call the DHR sexual harassment hotline at 1(800) HARASS3 for more information about filing a sexual harassment complaint. This hotline can also provide you with a referral to a volunteer attorney experienced in sexual harassment matters who can provide you with limited free assistance and counsel over the phone.

The United States Equal Employment Opportunity Commission:

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti- discrimination laws, including Title VII of the 1964 federal Civil Rights Act, 42 U.S.C. § 2000e et seq. An individual can file a complaint with the EEOC anytime within 300 days from the most recent incident of harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination has occurred. If the EEOC determines that the law may have been violated, the EEOC will try to reach a voluntary settlement with the employer. If the EEOC cannot reach a settlement, the EEOC (or the Department of Justice in certain cases) will decide whether to file a lawsuit. The EEOC will issue a Notice of Right to Sue permitting workers to file a lawsuit in federal court if the EEOC closes the charge, is unable to determine if federal employment discrimination laws may have been violated, or believes that unlawful discrimination occurred by does not file a lawsuit.

Individuals may obtain relief in mediation, settlement or conciliation. In addition, federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.

An employee alleging discrimination at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800- 669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.

If an individual filed an administrative complaint with the New York State Division of Human Rights, DHR will automatically file the complaint with the EEOC to preserve the right to proceed in federal court.

Local Protections

Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment or discrimination with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 22 Reade Street, 1st Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.

Contact the Local Police Department

If the harassment involves unwanted physical touching, coerced physical confinement, or coerced sex acts, the conduct may constitute a crime. Those wishing to pursue criminal charges are encouraged to contact their local police department.

THREEOLD EDUCATIONAL FOUNDATION ANTI-HARASSMENT POLICY

Appendix 1

MANDATED REPORTING to the New York State Hotline and Mandatory Reporting to the New Jersey State Hotline.

All employees at institutions serving minors are considered by NY and NJ state law as mandated reporters. Mandated reporters are required to report suspected child abuse or maltreatment when they are presented with a reasonable cause to suspect child abuse or maltreatment in a situation where a child, parent, or other person legally responsible for the child is before the mandated reporter when the mandated reporter is acting in his or her official or professional capacity. Below are the guidelines for reporting in NY and NJ.

MANDATORY REPORTING TO THE NEW YORK STATE HOTLINE

Under Section 413 of the New York State Social Services Law, all school officials, including, but not limited to, administrators, faculty, guidance counselors, and health care professionals employed by Threefold are “ mandated reporters ” and have an affirmative duty to report when they have “reasonable cause to suspect” that a child has been abused, or maltreated by a parent or legal guardian or someone else legally responsible for their care and such information has come to the school official’s attention in the course of his or her official or professional capacity.

“Mandated reporters,” as defined above, must call the New York State Central Registry (“SCR”) at 1- 800-342-3720 upon having such “reasonable cause.” This is the personal duty of the person who has such reasonable cause to make the report or cause the report to be made. Consulting with a supervisor at the Institution before making such a call advisable, but the consent or approval of such supervisor is never a requirement for making a call to the SCR.

“Reasonable cause” to suspect child abuse or neglect means that based on your observations of the evidence, professional training and experience you believe that the parent or legal guardian has harmed or placed a child in danger of being harmed.

This reporting duty applies to knowledge obtained during the course of any out-of-school activity, as well as when on school premises, and indeed to any knowledge of abuse, neglect or maltreatment of a child “coming before them in their official or professional capacity” at any time or place. Thus, even if a Threefold employee learns of reportable abuse or maltreatment while on a retreat or a trip, or anywhere else out side of the School, a report must be made to the SCR.

Threefold employees are reminded that school administrators are always available to discuss such situations, offer advice and support, and be present should a call to the SCR need to be made. Oral reports to the SCR Hotline must be followed up within 48 hours with a written report using form

LDS-2221-A which can be obtained from the New York State Office of Children’s Services (OCFS)

website at www.ocfs.state.ny.us. See Appendix One Addendum

Penalties for failure to report: Failure to report a suspected case of child abuse or maltreatment perpetrated upon a child by a parent, legal guardian, or someone else legally responsible for the child’s care, as defined in the New York State Family Court Act above, is a class A misdemeanor punishable by up to a year in jail and/or a fine of $1000. In addition, it is a violation of Threefold policy and is therefore an offense for which an employee may be terminated.

Immunity from liability for Mandated Reporters: Under New York State Social Services Law, any school employee who in good faith makes a report to the State hotline has immunity from liability, civil or criminal, which might otherwise result by reason of such action.

REMINDER: REQUIRED REPORTING TO THREEFOLD ADMINISTRATION

In addition to the requirements of New York State law, as set out above, pursuant to the Threefold Policy, all Threefold employees and covered individuals have a duty to immediately report their suspicions of child abuse or maltreatment committed by anyone, not just a parent, guardian, or other person legally responsible for the child’s care, to one of the appropriate Threefold administrators set forth in the Reporting section of this Policy. This internal report must be made regardless of whether a call has already been made to the State Hotline listed above.

MANDATORY REPORTING TO THE NEW JERSEY STATE HOTLINE

Under Section 9:6-1 of Title 9 Children—Juvenile and Domestic Relations Courts of the New Jersey State Statute, any person having reasonable cause to suspect that a child under the age of 18 has been subjected to abuse or acts of abuse by any parent, guardian, or person having custody or control of that child, which includes school employees, must immediately report this information to the State Central Registry (SCR) at 1-877-652-2873. The local New Jersey prosecutor’s office should also be notified. Thus New Jersey’s mandatory reporting law is broader than New York’s in that it requires anyone who comes into possession of such information to make a report, not just designated “mandatory reporters,” and it covers suspected abuse perpetrated by any school employee. A concerned caller does not need proof to report an allegation of child abuse, only a reasonable suspicion that it has occurred. Threefold employees are reminded that the Threefold Executive Director is always available to discuss such situations, offer advice and support, and be present should a call to the SCR need to be made.

Penalties for failure to report: Any person violating the provisions of Title 9, including the failure to report an act of child abuse having reasonable cause to believe that an act of child abuse has been committed is considered a “disorderly person” and faces criminal penalties. In addition, it is a violation of Threefold policy and is therefore an offense for which an employee may be terminated.

Immunity from liability for Mandated Reporters: Anyone acting pursuant to this act in the making of a report under this act shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such person shall have the same immunity with respect to testimony given in any judicial proceeding resulting from such report.

REMINDER: REQUIRED REPORTING TO THREEFOLD ADMINISTRATION

In addition to the requirements of New Jersey State law, as set out above, pursuant to the Threefold Policy, all Threefold employees, volunteers, employees of contracted service providers, and independent contractors working at Threefold, as well as other adults, have a duty to immediately report their suspicions of child abuse or maltreatment committed by anyone, not just a parent, guardian, or other person legally responsible for the child’s care, to one of the appropriate Threefold administrators set forth in the Reporting section of this Policy. This internal report must be made regardless of whether a call has already been made to the State Hotline listed above.

REPORTING TO STATE OR LOCAL LAW ENFORCEMENT

While recognizing that it is under no legal duty to do so, if Threefold has reasonable cause to suspect1 that a Threefold employee, volunteer, employee of a contracted service provider, or any other adult at Threefold has committed a physical or sexual assault, as defined by the New York State Penal Law, against a Threefold student, Threefold will report this information to State or Local law enforcement authorities.

1 This is the same standard used in New York State’s mandatory reporting of child abuse statute which presently only requires reporting of abuse committed upon a child by a parent, guardian, or other person legally responsible for the child’s care, not school employees unrelated to the student.