Anti-Discrimination and Discriminatory Harassment Policies & Procedures for Faculty & Staff Frequently Asked Questions

Below you will find frequently asked questions related to the Anti-Discrimination and Discriminatory Harassment Policies & Procedures for Faculty & Staff. If the information you are seeking is not available in these FAQs or elsewhere on the OIE website, please contact our office by email at [email protected]  or by phone at 212 854-5511. We are happy to answer questions and address any concerns you may have.

GENERAL QUESTIONS

If I experience, witness, or learn about discrimination, harassment, retaliation, or gender-based misconduct that is connected to Columbia University, how do I file a report?

If you are, or you think you are, or you think someone else is experiencing discrimination, harassment, retaliation, or gender-based misconduct and either because of the people involved or where it happened is connected to Columbia University (it occurred on campus, in connection with a University program, someone involved is a member of the Columbia University community, etc.), you can easily file a report on OIE’s website where it says “Report an Incident.”

You can also call OIE (212-854-5511) or email us at [email protected]. 

What happens when OIE receives a report?

Once OIE determines that the reported incident is within the purview of the office, a case will be created. If the incident is outside the purview of the office, it will be referred to the appropriate office where possible. If warranted, an investigation will be conducted to determine whether or not there was a policy violation.

Is OIE a confidential resource?

No, OIE is not a confidential resource. The University defines a confidential resource as a resource that does not have a duty to report. Confidential resources for employees include the University Ombuds Office, Sexual Violence Response (SVR) and Employee Assistance Program (EAP). Confidential resources for students include SVR, Counseling and Psychological Services, and the University Ombuds Office. 

Although OIE is not confidential it does its best to operate in a private manner. For example, OIE does not use names in investigative reports but instead refers to individuals by their roles (Complainant, Respondent, Witness), and does not disseminate investigative reports. Parties can schedule an appointment to review the report in the office or via Zoom. Outside of the parties, information is shared on a “needs to know” basis – examples include Human Resources, Office of General Counsel, Faculty Affairs, those who may be in the supervisory chain. Parties should feel free to discuss OIE-related matters with their supervisor, human resources and faculty affairs personnel.

Does the Anti-Discrimination and Discriminatory Harassment Policies & Procedures for Faculty & Staff have a retaliation policy?

Yes, the policy prohibits retaliation. If parties or witnesses believe they experienced negative treatment because someone knows or assumes that they have participated in an OIE process, they should report it immediately to OIE.

Can I bring someone with me when I meet with OIE?

Yes. All parties may be accompanied by one advisor of their choice from the beginning of the reporting process through the resolution of the report. However, the advisor may not be an individual who may have a conflicting role within the investigation or sanctioning process. Parties participating in a Title IX Grievance Hearing are required to have an advisor for the hearing. If you are a member of a union with whom Columbia University maintains a collective bargaining agreement, you may choose to have a single union representative serve as your advisor.

What happens when someone is found to have violated a policy?

OIE does not decide on sanctions. Managers, supervisors, and department chairs, in consultation with OIE, Human Resources, and/or Faculty Affairs, decide sanctions.

Can officers of instruction be suspended or terminated under the Anti-Discrimination and Discriminatory Harassment Policies & Procedures for Faculty & Staff (the “Policies”) without going through the proscribed process set forth in the University Statutes (the “Statutes”)?

No. The Statutes make clear that the dismissal of an officer of instruction can only be pursued through the processes set forth in the Statutes, other than an officer of instruction who is charged with a violation of the Rules of University Conduct and chooses to submit to the jurisdiction of the Rules of University Conduct (see Section 75 (a) of the Statutes).  The Statutes further provide that an officer of instruction cannot be suspended without consultation with the Senate Faculty Affairs Committee (see Section 75(g) of the Statutes). Nothing in the Policies abrogates these rights and protections.

The Policies provide that after all of the applicable procedures set forth in the Policies are complete, including any appeals, officers of instruction may exercise their rights to the additional grievance or appeal process under the Statutes (see Footnote 3 of the Policies).

What sanctions can be applied to officers of instruction under the Policies?

Discipline may include a reprimand/warning, revocation of honors or awards, restricted access to University facilities or activities, a “no-contact” order, relocation of a University-provided residence or workplace, removal from administrative positions or duties and other actions not prohibited by the Statutes. The University may also require training or educational intervention.  While the Policies list additional sanctions, including dismissal and suspension, those sanctions are not available for officers of instruction except in accordance with Section 75 of the Statutes.

The relevant dean is generally the sanctioning officer (“designated supervisor” under the Policies) for an officer of instruction and determines the sanction.

Who should I contact with questions regarding my case or an incident report?

Once a case has been created, you will be contacted by the Office. If you have a question about the status of your case and you have not yet been contacted by the Office or are a mandatory reporter or witness, please contact OIE.

What if I have other questions about OIE’s work or Faculty and Staff Anti-Discrimination and Discriminatory Harassment policies and procedures?

Please contact OIE with questions or concerns.

FAQS FOR MANDATORY REPORTERS AND WITNESSES

How do I know if I am a mandatory reporter?

All Columbia University community members who experience or witness prohibited conduct are strongly encouraged to report it.

All Columbia University employees have a Duty to Report any instance or allegation of prohibited conduct - discrimination, harassment, retaliation or gender-based misconduct - that involves any undergraduate or any graduate student. Columbia employees are required to report any information that they learn about or observe.

All Columbia University managers and supervisors have a Duty to Report and Act. Managers and supervisors are expected to both report to OIE any instance or allegation of prohibited conduct involving any employee that is disclosed to, observed by, or otherwise known to them and they are required to take reasonable and necessary steps to stop the misconduct.

Managers and supervisors include individuals who participate in hiring, supervising, evaluating, promoting, setting salary or wages, and/or terminating the employment of any other Columbia employee.

Employees are required to report all information they know about the alleged prohibited conduct, including names of all individuals involved, when and where the alleged prohibited conduct occurred, and any other information about the alleged prohibited conduct.
 

What should I include in my report?

Reports to the University should include all of the information the reporter knows about an incident or issue being reported. This may include:

The name and role (e.g., employee, student, third party) of the person or people allegedly engaged in misconduct and the person(s) who was the subject of the alleged misconduct;

Details about the incident(s) or conduct that may have violated the Anti-Discrimination and Discriminatory Harassment Policies & Procedures for Faculty & Staff;

Date(s) and location(s) of the incident(s);

The name and role of any witness(es) to the incident(s) and their email address(es), telephone number(s), and street address(es) if known.

How do I report an incident or issue?

Incidents should be reported via the online referral form available at [email protected]. Just click where it says “Report an Incident.”  

Mandatory reporters should identify themselves as mandatory reporters where it asks for the role of the submitter in the section titled Background Information. If, in addition to being a mandatory reporter, you are also a witness to any of the alleged prohibited conduct, you should also identify yourself as bystander/witness in the section “Involved Parties/Witnesses” section of the report form.

If you are the target of the prohibited conduct, you should identify yourself as the “Complainant.” If you observed what happened, please identify yourself as a “Bystander/Witness.” And if you have engaged in or been accused of engaging in prohibited conduct, please identify yourself as the Respondent.

What happens after I make a report?

If you are a mandatory reporter and did not witness the alleged prohibited conduct, you will receive an email acknowledging your report. You should not expect to be contacted by the Office again about the matter unless the Office determines that you may have additional information.

If you are a Complainant, Witness, or Respondent, OIE will contact you to learn more about the issue reported.

When the alleged prohibited conduct falls outside OIE’s purview, the matter is referred to Human Resources, a supervisor/manager, University Life, or another appropriate office.

Reports that come to OIE may be resolved through an inquiry or mediation/facilitated dialogue, investigated, or administratively closed.

OIE strives to preserve the privacy of information shared leading up to and during an investigation where maintaining such privacy does not conflict with its obligations to conduct a prompt and thorough investigation.

Will I receive updates or learn about the outcome of a case after I make a report and/or I am interviewed by an investigator?

OIE is grateful to Columbia employees for fulfilling their obligations as mandatory reporters and to witnesses who report alleged misconduct and participate in an investigation.

Mandatory reporters and witnesses should not expect to be updated on the status of a case or its outcome. Typically, only the Complainant, Respondent, and the Respondent’s supervisor are informed of the case outcome.
 

FAQS FOR COMPLAINANTS

What happens when I make a report to OIE?

Making a Complaint to the University or meeting with someone from OIE to talk about a situation or incident does not automatically launch a formal investigation, but it is an important first step in alerting the University to an issue or incident and getting assistance to address it.

The Anti-Discrimination and Discriminatory Harassment Policies & Procedures for Faculty & Staff provide comprehensive information about all relevant policies and procedures. 

When OIE receives a report, the Office will first determine whether the report falls under our jurisdiction. In order to fall under OIE’s jurisdiction, the report must be related to the behavior of an employee or third-party and concern conduct prohibited by the Anti-Discrimination and Discriminatory Harassment Policies & Procedures for Faculty & Staff. If it does not, OIE will refer the matter to the appropriate office - that may be Student Conduct, Human Resources, or Public Safety, for example. 

If it is determined that it does fall within OIE’s jurisdiction, the matter will be assigned to an investigator for an initial inquiry. Typically, an investigator will speak with the Complainant and determine next steps in accordance with the Policy. That may include speaking with the person accused of misconduct (the “Respondent”) or other individuals with information about what allegedly happened (“Witnesses”). Some matters are resolved at the end of this inquiry and others will require a full investigation.

If a mandatory reporter makes a report about an incident where I was the target of alleged prohibited conduct, do I have to participate in any process?

No. Just because a complaint was made, you do not have to participate in any OIE process.

Can I bring someone with me when I speak to an investigator?

Yes. All parties may be accompanied by one advisor of their choice from the beginning of the reporting process through the resolution of the report. Parties participating in a Title IX Grievance Hearing are required to have an advisor for the hearing. If you are a member of a union with whom Columbia University maintains a collective bargaining agreement, you may choose to have a single union representative serve as your advisor.

FAQS FOR RESPONDENTS

What happens when a report is made about me to OIE?

A report to OIE does not automatically launch a formal investigation but alerts the University to an issue or incident. The Anti-Discrimination and Discriminatory Harassment Policies & Procedures for Faculty & Staff provide comprehensive information about all relevant policies and procedures. 

When OIE receives a report, the Office will first determine whether the report falls under our jurisdiction. In order to fall under OIE’s jurisdiction, the report must be related to the behavior of an employee or third-party and concern conduct prohibited by the Anti-Discrimination and Discriminatory Harassment Policies & Procedures for Faculty & Staff. If it does not, OIE will refer the matter to the appropriate office - that may be Student Conduct, Human Resources, or Public Safety, for example. 

If it is determined that it does fall within OIE’s jurisdiction, the matter will be assigned to an investigator for an initial inquiry. Typically, an investigator will speak with the Complainant and/or individuals who have information about what allegedly happened to determine the best course of action. Some matters are resolved at the end of this inquiry and others will require a full investigation.

If I am accused of violating the Anti-Discrimination and Discriminatory Harassment Policies & Procedures for Faculty & Staff, do I have to participate in an OIE process?

Yes. If after reviewing the report, speaking with the Complainant (if relevant), and reviewing other available information it is determined that there should be an inquiry or investigation, employees accused of violating the Anti-Discrimination and Discriminatory Harassment Policies & Procedures for Faculty & Staff must participate.

Can I bring someone with me when I speak to an investigator?

YYes. All parties may be accompanied by one advisor of their choice from the beginning of the reporting process through the resolution of the report. Parties participating in a Title IX Grievance Hearing are required to have an advisor for the hearing. If you are a member of a union with whom Columbia University maintains a collective bargaining agreement, you may choose to have a single union representative serve as your advisor.