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Nondiscrimination and Equal Opportunity Policy

Responsible Executive: Vice President for Administration

Responsible Office: Facilities Unit

Effective: 1992

Last Reviewed: 6/20/2024

Revised: 6/20/2024

POLICY STATEMENT

HJ International Graduate School for Peace and Public Leadership (“HJI” or the “Institution”) is committed to maintaining a safe educational and working environment free from all forms of unlawful discrimination and harassment while simultaneously striving to foster deeper understanding, contextualization, and application of the Unification worldview within a world of diverse faiths. Unlawful discrimination or harassment on the basis of race, color, national origin, religion, age, sex, gender, marital status, pregnancy, disability, veteran status, or any other status protected by federal, state, and local laws is prohibited in admission or access to, or treatment or employment in, HJI’s programs or activities. HJI, however, reserves the right to exercise its religious preference in the employment of faculty members, administrators, and staff who are deemed essential to the religious mission of HJI.

This Policy informs individuals on the steps they can take if they believe they have experienced unlawful discrimination or harassment and bias-related crimes, also known as hate crimes. Unlawful discrimination and bias-related conduct is prohibited by laws that include, but are not limited to: Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the New York State Hate Crimes Act of 2000 (codified in Article 485 of the New York Penal Law), and New York State Human Rights Law. Violators of this Policy may be subject to disciplinary action, up to and including termination of employment, expulsion, and/or legal action.

SCOPE

This Policy applies to the entire HJI community, including all students, faculty, employees, staff, applicants for employment, interns, contractors, volunteers, and persons conducting business with HJI.

This Policy applies to complaints and reports regarding unlawful discrimination or harassment not based on sex. HJI’s Sexual Misconduct Policy should be consulted for any complaints and reports of Title IX sex discrimination, sexual harassment, or other forms of sexual misconduct.

DEFINITIONS

Complainant:A Complainant is an individual who makes a complaint of alleged wrongdoing.

Discrimination: Discrimination is unfair treatment of an individual based on characteristics protected under applicable law, including, but not limited to, race, color, national origin, religion, age, sex, gender, marital status, pregnancy, disability, or veteran status.

Harassment: Harassment is a form of discrimination. It means the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyber bullying, that (a) has or would have the effect of unreasonably and substantially interfering with an individual’s educational or employment performance, opportunities or benefits, or mental, emotional, or physical well-being; or (b) reasonably causes or would reasonably be expected to cause an individual to fear for his or her physical safety; or (c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to an individual; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment or workplace, where it is foreseeable that the conduct, threats, intimidation, or abuse might reach school property or the workplace.[1]

Hate Crime: Under the Clery Act, a hate crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. Under New York Penal Law §485.05, a person commits a hate crime when he or she commits a specified offense and either: (a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or (b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.

Respondent: A Respondent is an individual accused of wrongdoing.

Violent Felony Offense: A violent felony offense is a class B violent felony offense, a class C violent felony offense, a class D violent felony offense, or a class E violent felony offense, as defined in New York Penal Law §70.02.

POLICY

  1. General Reporting

Any individual who believes they have been subjected to unlawful discrimination or harassment is encouraged to report their concerns to the Vice President for Administration. If the reported incident potentially falls under the category of a hate crime, the Vice President for Administration will notify the police and, if appropriate, building security. Individuals in positions of authority who receive a complaint about discrimination or harassment are required to report the incident. If the Vice President for Administration is the object of the complaint, the report should be made to the President. Reports should be made within thirty (30) days of an incident and may be given verbally or in writing. HJI will investigate all complaints of discrimination or harassment, including anonymous reports.

Reporting Bias-Related and Hate Crimes

Any individual who believes they have been the victim of a hate crime, or may have witnessed a hate crime, should report the incident as soon as possible to the NYPD by calling 911 and/or to the Vice President for Administration or building security, who will notify the police. Under the Clery Act, crimes that may be considered potential hate crimes include criminal homicide, sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, arson, larceny-theft, simple assault, intimidation, and destruction/damage/vandalism of property. Section 3 of New York Penal Law §485.05 also lists specified offenses that may constitute a hate crime. While use of bigoted language and prejudice is not considered a hate crime, it is usually classified as a bias incident and should be reported to the Vice President for Administration.

Reporting Sex Discrimination or Sexual Misconduct

Incidents of alleged sex discrimination or sexual misconduct should be reported to the Title IX Coordinator or Deputy Title IX Coordinator and will be addressed under HJI’s Sexual Misconduct Policy.

  • Protections Against Retaliation

HJI prohibits retaliation against anyone who reports, or provides information about, an incident of discrimination or harassment. Any acts of alleged retaliation should be reported to the Vice President for Administration for investigation. Individuals who engage in retaliation may be subject to disciplinary action, up to and including expulsion or termination of employment.

  • Investigation

HJI will promptly and thoroughly investigate any reported complaints of unlawful discrimination or harassment. Upon first receiving a report, the Vice President for Administration (or building security personnel) will interview the Complainant as soon as possible to determine if the incident may fall under the category of a hate crime. An incident report will also be prepared.

If the initial investigation points to a possible hate crime, the police will be contacted immediately for further investigation. If building security was the first point of contact, the Vice President for Administration will also be notified about the incident. The Vice President may also elect to simultaneously conduct an internal investigation.

For incidents that do not rise to the level of a hate crime, the Vice President for Administration will proceed with an internal investigation. To the extent possible, investigations will be completed within ninety (90) days. It is recommended that investigations include the following steps:

  • Interview the Complainant and Respondent, as well as any witnesses.
  • Inform the Complainant, Respondent, and any witnesses that an investigation is underway, which includes interviews with the other parties involved. It should also be communicated that retaliation is prohibited.
  • Collect and review any materials (e.g., emails, texts, or other documents) relevant to the allegations and conduct any other necessary fact-finding. Before a determination of responsibility has been reached, both the Complainant and Respondent will be afforded an opportunity to review and respond to any evidence collected.
  • Create a written report summarizing the timeline of events, evidence, and findings.
  • Determination of Responsibility

Following the investigation, the Vice President for Administration will determine whether there was a violation of this Policy under a preponderance of the evidence. A written determination will then be issued to the parties, including, if applicable, any corrective or disciplinary action deemed appropriate. For commission of hate crimes, other penalties may apply (see below).

  • Appeals

Requests for appeal may be made within seven (7) days from the date the determination of responsibility is issued. The appeal should be sent in writing to the Vice President for Administration, who will notify the other party that an appeal has been made. The appeal will be considered by an independent committee that determines whether to pursue further action.

  • Penalties for Bias-Related and Hate Crimes

Penalties for commission of bias-related and hate crimes depend on the specified offense. Under Article 485 of the New York Penal Law:

  1. When a person is convicted of a hate crime pursuant to this article, and the specified offense is a violent felony offense, as defined in section 70.02, the hate crime shall be deemed a violent felony offense.
  2. When a person is convicted of a hate crime pursuant to this article and the specified offense is a misdemeanor or a class C, D, or E felony, the hate crime shall be deemed to be one category higher than the specified offense the defendant committed, or one category higher than the offense level applicable to the defendant’s conviction for an attempt or conspiracy to commit a specified offense, whichever is applicable.
  3. Notwithstanding any other provision of law, when a person is convicted of a hate crime pursuant to this article and the specified offense is a class B felony:
    1. the maximum term of the indeterminate sentence must be at least six years if the defendant is sentenced pursuant to section 70.00;
    1. the term of the determinate sentence must be at least eight years if the defendant is sentenced pursuant to section 70.02;
    1. the term of the determinate sentence must be at least twelve years if the defendant is sentenced pursuant to section 70.04;
    1. the maximum term of the indeterminate sentence must be at least four years if the defendant is sentenced pursuant to section 70.05; and
    1. the maximum term of the indeterminate sentence or the term of the determinate sentence must be at least ten years if the defendant is sentenced pursuant to section 70.06.
  4. Notwithstanding any other provision of law, when a person is convicted of a hate crime pursuant to this article and the specified offense is a class A-1 felony, the minimum period of the indeterminate sentence shall be not less than twenty years.
  5. In addition to any of the dispositions authorized, the court shall require as part of the sentence imposed upon a person convicted of a hate crime pursuant to this article, that the defendant complete a program, training session, or counseling session directed at hate crime prevention and education, where the court determines such program, training session, or counseling session is appropriate, available, and was developed or authorized by the court or local agencies in cooperation with organizations serving the affected community.

In addition, HJI sanctions for commission of a hate crime by a student or employee may include expulsion, termination of employment, and/or legal action.

  • False Accusations

Knowingly initiating false or malicious complaints of discrimination or harassment is prohibited and subject to disciplinary action. This does not apply to complaints made in good faith that are later determined to be erroneous.

  • Religious Accommodations

Under New York State Education Law, each student who is absent from school, because of his or her religious beliefs, must be given an equivalent opportunity to register for classes or make up any examination, study or work requirements which he or she may have missed because of such absence on any particular day or days. No fees of any kind shall be charged by HJI for making available to such student such equivalent opportunity.[2]

  1. Clery Act Compliance

Under the Clery Act, HJI is required to report bias-related and hate crimes occurring in specific geographic locations in its Annual Security and Fire Safety Report. The information published in the report includes the Clery crime type, the year of the offense, and the Clery location category. Information is disclosed in an anonymous manner that does not identify the reporting individual.

  • Contact Information & Resources for Victims of Bias-Related and Hate Crimes

Contact information, counseling, and other support services for victims of bias-related and hate crimes are available and provided below:

New York City

Frank LaGrotteria, Vice President for Administration                       (212) 563-6647 x115

Security Desk                                                                                    (212) 997-0125 x101

Off Campus

Police (Emergency)                                                                             911

Police (Non-Emergency)                                                                    311

Police, Midtown South Precinct                                                         (212) 239-9811

Crime Victim Assistance Program (confidential)                               (212) 239-9826

Hate Crimes Helpline                                                                         (212) 335-3100

Legal Aid Society                                                                       (212) 577-3300

NYPD Hate Crimes Task Force                                                         (646) 610-5267

NYS Hate and Bias Prevention Unit                                                    1-844-NO-2-HATE

NYS Hate Crimes Task Force                                                                 1-888-392-3644

NYS Office of Victim Services                                                          1-800-247-8035

Safe Horizon 24-Hour Hotline                                                             1-800-621-4673

RELATED INFORMATION

  • Sexual Misconduct Policy

[1] Definition adopted in part from New York State Education Law §11, with adaptations to include employees.

[2] The full rights of students unable because of religious beliefs to register or attend classes on certain days may be found in New York State Education Law §224-A.