Our Policies at Hillel at Baruch
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I. PURPOSES
Hillel At Baruch, Inc. (the “Organization”) is committed to honest, ethical and lawful conduct, full, fair, accurate, timely and transparent disclosure in all public communications, and compliance with applicable laws, rules and regulations. In furtherance of these commitments, all directors, officers, employees and volunteers of the Organization (each, a “Covered Person” or “you”) must act in accordance with all applicable laws and regulations, and with the policies of the Organization at all times and assist in ensuring that the Organization conducts its business and affairs accordingly.
This Whistleblower Policy (this “Policy”):
(a) establishes procedures for the reporting and handling of concerns regarding the quality and integrity of the Organization’s accounting, auditing, and financial reporting controls and procedures as well as the Organization’s legal or regulatory compliance, including any action or suspected action taken by or within the Organization that is or may be illegal, fraudulent or in violation of any policy of the Organization, as well as any other matter that could cause serious damage to the Organization’s reputation (each, a “Concern”), and
(b) prohibits retaliation against any Covered Person who reports a Concern in good faith.By appropriately responding to Concerns, we can better support an environment where compliance is valued and ensure that the Organization is meeting its ethical and legal obligations.
II. WHEN TO RAISE A CONCERN
You have an affirmative duty to disclose to and seek guidance from an appropriate supervisor or manager if you believe any Covered Person or other person associated or doing business with the Organization has engaged, is engaging, or may engage in any illegal or unethical behavior or has violated, or may violate any law, rule, regulation or policy of the Organization.
Such reportable activity may include, for example, financial wrongdoing (including circumvention of internal controls or violation of the accounting policies of the Organization), fraud, harassment, or any other illegal, unethical, or proscribed conduct.
While Concerns may be submitted at any time, you should endeavor to report a Concern as soon as reasonably possible after becoming aware of the matter.
III. HOW TO RAISE A CONCERN
Concerns may be submitted either in writing or orally. No form is required to submit a Concern, but you are encouraged to provide as much information and detail as possible so that the Concern can be properly investigated.
A Concern may be submitted:
to the administrator of this Policy, the “Policy Administrator,” Robert Goldberg of Hillel International — rgoldberg@hillel.org*
by discussing it with a supervisor or manager, who will in turn forward the Concern to the Policy Administrator for review where appropriate; or
in writing to the Chair of the Board of Directors of the Organization who will in turn forward the Concern to the Policy Administrator for review where appropriate.
*Note to Client – Please confirm Robert Goldberg is still the Policy Administrator.
Concerns may be raised anonymously. Anonymous complaints should be detailed to the greatest extent possible because follow up questions will not be possible, making the investigation and resolution of such complaints difficult. The Organization will use its best efforts to maintain the anonymity of any such complaint, but an investigation may result in the identification of the individual. Any individual reporting his or her own violation shall not satisfy his or her obligation hereunder with a Concern raised anonymously.
IV. PROCEDURES FOR RECEIVING AND REVIEWING CONCERNS
Any supervisor, manager, or other person receiving a Concern should contact the Policy Administrator, who will coordinate further action.
The Policy Administrator will assess each Concern on a preliminary basis to determine to what extent an investigation into the Concern is required and will direct all aspects of the investigation of any Concern. All investigations will be conducted in a confidential and sensitive manner, so that information will be disclosed only as needed to facilitate review of the investigation materials or otherwise as required by law. You must cooperate as necessary in connection with any such investigation.
In the event a Concern involves or implicates the Policy Administrator, the Policy Administrator will promptly recuse himself or herself from the investigation and inform the Board in writing. The Board may investigate such Concern or appoint impartial attorneys to investigate the Concern.
V. RECORDS OF CONCERNS AND INVESTIGATION REPORTS
The Policy Administrator will maintain a written record of all Concerns summarizing in reasonable detail for each Concern:
the nature of the Concern (including any specific allegations made and the persons involved);
the date of receipt of the Concern;
the current status of any investigation into the Concern and information about such investigation (including the steps taken in the investigation, any factual findings, and the recommendations for corrective action); and
any final resolution of the Concern.
The Policy Administrator will distribute an update of this record to the Chair of the Board in advance of each regularly scheduled meeting.
VI. CONFIDENTIALITY
All Concerns received will be treated confidentially or anonymously, as applicable, to the extent reasonable and practicable under the circumstances.
VII. NO RETALIATION AGAINST WHISTLEBLOWERS
It is the Organization’s policy to encourage the communication of bona fide Concerns relating to the lawful and ethical conduct of the Organization’s business. It is also the policy of the Organization to protect those who communicate bona fide Concerns from any retaliation for such reporting.
No adverse employment action may be taken and retaliation is strictly prohibited, including, without limitation, intimidation, harassment, discrimination, coercion, or otherwise, whether express or implied, against any director, officer, employee or volunteer of the Organization who in good faith reports any Concern or assists in an investigation of, or the fashioning or implementation of any corrective action or response made in connection with, any Concern.
Any person who violates this prohibition against retaliation will be subject to appropriate disciplinary action, which may include termination of employment or other relationship with the Organization.
VIII. POLICY DISTRIBUTION
A copy of this Policy will be distributed to each Covered Person promptly following the adoption of or amendments to this Policy, and at such time as a person becomes a Covered Person.
IX. POLICY ADOPTION AND OVERSIGHT
The Board is responsible for providing oversight of the adoption and implementation of, and compliance with this Policy. Only independent directors of the Board are permitted to participate in any deliberations or vote on matters relating to this Policy.
An “independent director” is defined to mean a member of the Board who:
is not and has not been within the last three years, an employee of the Organization or an affiliate of the Organization, and does not have a relative who is, or has been within the last three years, a key employee of the Organization or an affiliate of the Organization;
has not received and does not have a relative who has received, in any of the last three fiscal years, more than $10,000 in direct compensation from the Organization or an affiliate of the Organization (not including reasonable compensation or reimbursement for services as a director); and
is not a current employee of or does not have a substantial financial interest in, and does not have a relative who is a current officer of or has a substantial financial interest in, any entity that has made payments to or received payments from, the Organization or an affiliate of the Organization for property or services in an amount which, in any of the last three fiscal years, exceeds the lesser of: (a) $25,000 or (b) 2% of such entity’s consolidated gross revenue (which payments do not include charitable contributions).
is not and does not have a relative who is a current owner, whether wholly or partially, director, officer or employee of the Organization’s outside auditor or who has worked on the corporation’s audit at any time during the past three years.
An “affiliate” is a person or entity that is directly or indirectly through one or more intermediaries, controlled by, in control of, or under common control with the Organization.
A “key employee” is a person who is in a position to exercise substantial influence over the Organization and, other than directors and officers, may include, without limitation, a person who:
(i) founded the Organization,
(ii) is a substantial contributor,
(iii) has authority to control a substantial portion of the Organization’s capital expenditures, operating budget or employee compensation,
(iv) manages a discrete segment or activity of the Organization that represents a substantial portion of the activities, assets, income or expenses of the Organization (as compared to the Organization as a whole);
(v) receives compensation primarily based on revenues derived from the Organization’s activities; or
(vi) is highly-compensated by the Organization (for example, receiving annual compensation greater than $150,000).A “relative” is a:
(i) spouse, domestic partner (as defined below), ancestor (parent, grandparent, great-grandparent, including step-parent, step-grandparent, step-great-grandparent) (whether natural or adopted), child (whether natural or adopted), step-child (whether whole- or half-blood, whether natural or adopted), grandchild (whether whole- or half-blood, whether natural or adopted), step-grandchild (whether whole- or half-blood, whether natural or adopted), great-grandchild (whether whole- or half-blood, whether natural or adopted), step-great-grandchild (whether whole- or half-blood, whether natural or adopted), sibling (whether whole- or half-blood, whether natural or adopted), step-sibling (whether whole- or half-blood, whether natural or adopted), cousin, other relative, person living in the same household,
(ii) spouse or domestic partner of any of the foregoing persons,
(iii) in-laws and
(iv) any of the foregoing by marriage.A “domestic partner” means a person who, with respect to another person:
(i) is formally in a domestic partnership or similar relationship pursuant to any federal, state or local law or law of a foreign jurisdiction or registered as the domestic partner of the other person under any employer registry or registry of any state, municipality or foreign jurisdiction;
(ii) is formally recognized as a beneficiary under the other person’s employment benefits or health insurance, or under whose employment benefits or health insurance the other person is recognized as a beneficiary; or
(iii) is dependent or mutually interdependent on the other person for support or upon whom the other person is dependent or mutually interdependent for support as evidenced by the totality of the circumstances indicating a mutual intent to be domestic partners.This Whistleblower Policy was adopted by the Board in August 2023.
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Hillel at Baruch College, Inc
Employee Spending GuidelinesNo set of guidelines can be written that addresses every possible expenditure decision
which may arise. However, there are some general rules which can help to guide us in making wise spending decisions.
Appearance and Reasonableness Tests
For every dollar spent, a dollar must be raised. Every employee should keep in mind that Hillel at Baruch is a non-profit organization. Every dollar spent was given by donors and foundations who care about supporting the work we do and would expect that we are stewarding their resources appropriately.
For all potential expenditures, the “appearance test” should be used, i.e., how would this purchase look to our donors if it was reported in our newsletter? Would I be willing to sit with them and explain the rationale behind the expense?
And: “Is this expenditure necessary for a staff member to do his/her job and for Hillel at Baruch to carry out its mission?”
The utilization of these tests should help to guide staff and students in their decision-making.
Tax Exempt
As a 501c3 non-profit organization, Hillel at Baruch is exempt of paying sales tax. All employees will be provided with the tax exempt certificate to show to vendors when making purchases. Employees are expected to make every effort to remove sales tax from all purchases, with the exception of coffee dates.
Payment Processes
Ramp Card
All full-time and some part-time employees are provided with a Hillel at Baruch Ramp credit card to be used for Hillel related purchases only.
Employees are expected to maintain spending levels at or below the credit limit ($5,000) on their card.
Any purchase over $20 must be approved verbally by the Assistant Director or Executive Director. Any purchase over $100 must be approved via email by the Assistant Director or Executive Director. This may include an ongoing permission to spend money on recurring expenses or program needs.
For every purchase, staff must upload a receipt in the Ramp app/website within 24 business hours. If a receipt is not uploaded after 7 days, the card will lock. Repeated failure to include memos within 7 days may result in suspension of credit card privileges at the discretion of the Executive Director.
If the vendor was unable to provide you with a receipt, you must complete the Missing Receipt Form and upload it to the Ramp app/website.
If a receipt is lost, make every attempt to get a duplicate receipt from the vendor. If you are unable to get a duplicate receipt, you must complete the Missing Receipt Form and upload it to the Ramp app/website.
If more than one receipt is lost during any 60-day period, the employee will be required to reimburse Hillel at Baruch for the total amount of the lost receipts.
The reason we do this is because we must report our spending to our funders and in the event of an audit. If we do not have receipts to prove what our purchases are for, we are unable to meet their requests and may not receive funding in the future.
For every purchase, staff must include a memo in the Ramp app/website within 24 business hours. If a memo is not included after 7 days, the card will lock. Repeated failure to include memos within 7 days may result in suspension of credit card privileges at the discretion of the Executive Director.
A memo can be just a few words, such as “CCNY coffee date,” “office supplies,” “BOSS snacks,” etc.
Staff are not expected to code expenses in the Ramp app/website.
Check Requests
As of July 1, 2023, Hillel at Baruch does not reimburse staff that are issued Ramp cards. Staff that are issued Ramp cards are expected to use their Ramp card for all spending. See Ramp section above for more details on these policies.
There may be some occasional circumstances when a reimbursement is required, such as part-time staff that are not issued a Ramp card, student engagement interns, and other student leaders.
Check requests for reimbursement of out-of-pocket expenses must be submitted with receipts. If an out-of-pocket expense is paid and the receipt is lost, Hillel at Baruch will be unable to reimburse you, as there is no proof of purchase.
Engagement
Coffee dates are one of Hillel’s main tools for relationship building and engagement. When taking a student on a coffee date, staff and student engagement interns may not spend more than $10 per coffee date.
Engagees should not know about this budget, as to not create an awkward situation. Allow the engagee to order first. If they order an expensive drink, order something simple for yourself, or simply say, “this is my third coffee today, so I’ve had enough caffeine for the day!”
Travel to Conferences, Training, Events and Meetings
Air Travel
All employees should travel in coach class unless they receive a free upgrade. All airline tickets must be booked at the lowest available airfare, using online comparisons. The following criteria should be utilized to determine lowest available airfare:
The flight’s departure or arrival time is within three hours before or after the preferred departure or arrival time.
One stop or connecting flights should be used if savings of $150 or more can be achieved.
Employees may book a preferred carrier if a lower airfare is available but will only be reimbursed for the expense of the lowest priced, then-available ticket. Please use Google Flights, Kayak, or other booking site to check multiple airfares.
Traveling employees may retain frequent flyer program benefits for personal use; however, participation in these programs may not result in any additional cost beyond the regular airfare.
Airport transportation: Employees are encouraged to use public transportation when convenient and feasible; otherwise shuttle services may be used. Use of taxis or ride shares must be pre-approved by the Assistant Director or Executive Director. Long-term parking may be used for trips if the parking cost is less than taking transportation to the airport.
Ride Sharing
If two or more individuals are traveling to the same location, it is recommended that employees share the ride with others.
Mileage, Parking and Tolls
If a staff member uses their personal vehicle for Hillel at Baruch purposes, the employee may use their Ramp card for gas and parking, and may be reimbursed for tolls.
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Conflict of Interest and Related Party Transaction Policy
for Directors, Officers and Key Employees at Hillel At Baruch College, Inc.
I. PURPOSE
All directors, officers and key employees owe a duty of loyalty to Hillel At Baruch, Inc. (the “Organization”) and must act in good faith and in the Organization’s best interests, rather than in their own interests or the interests of another entity or person, and must comply with applicable legal requirements.
A conflict of interest may arise when a person has an existing or potential financial interest or other material interest that impairs, or might appear to impair, his or her independence or objectivity in the discharge of his or her responsibilities and duties to the Organization.
Conflicts of interest and Related Party Transactions (as defined below) are not inherently illegal or impermissible, nor are they a reflection upon the integrity of the person involved. The manner in which the person with a potential or actual conflict of interest or Related Party Transaction and the Board of Directors, officers and key employees deal with a conflict of interest will determine whether they have fulfilled their duties to the Organization.
The purpose of this Conflict of Interest and Related Party Transaction Policy (this “Policy”) is to set forth procedures for disclosing, monitoring, reporting, reviewing, and deciding whether the transaction, agreement or other arrangement involving a potential or actual conflict of interest or Related Party Transaction is fair, reasonable and in the best interests of the Organization.
II. DEFINITIONS
Related Party is:
(a) a director of the Organization or of an “Affiliate of the Organization” (as defined below);
(b) an officer of the Organization or of an Affiliate of the Organization;
(c) a “key employee” (as defined below) of the Organization or an Affiliate of the Organization;
(d) a “Relative” (as defined below) of any director, officer or key employee of the Organization or of an Affiliate of the Organization;
(e) an entity of which a director, officer, or key employee of the Organization or of an Affiliate of the Organization or a Relative of any such persons is a director, trustee, officer, or key employee or has managerial control;
(f) any entity in which any of the foregoing persons has a 35% or greater ownership or beneficial interest or, in the case of a partnership or professional corporation, a direct or indirect ownership interest in excess of 5%.Affiliate of the Organization is a person or entity that is directly or indirectly through one or more intermediaries, controlled by, in control of, or under common control with the Organization.
Key employee is a person who is in a position to exercise substantial influence over the Organization, whether or not legally an employee, and may include, without limitation, a person who:
(i) founded the Organization,
(ii) is a “substantial contributor to the Organization” (as defined below),
(iii) has authority to control a substantial portion of the Organization’s capital expenditures, operating budget or employee compensation,
(iv) manages a discrete segment or activity of the Organization that represents a substantial portion of the activities, assets, income or expenses of the Organization,
(v) receives compensation primarily based on revenues derived from the Organization’s activities, or
(vi) is highly compensated by the Organization (for example, receiving annual compensation greater than $150,000).Relative is:
(i) spouse, domestic partner (as defined below), ancestor (parent, grandparent, great-grandparent, including step-parent, step-grandparent, step-great-grandparent) (whether natural or adopted), child (whether natural or adopted), step-child (whether whole- or half-blood, whether natural or adopted), grandchild (whether whole- or half-blood, whether natural or adopted), step-grandchild (whether whole- or half-blood, whether natural or adopted), great-grandchild (whether whole- or half-blood, whether natural or adopted), step-great-grandchild (whether whole- or half-blood, whether natural or adopted), sibling (whether whole- or half-blood, whether natural or adopted), step-sibling (whether whole- or half-blood, whether natural or adopted), cousin, other relative, person living in the same household,
(ii) spouse or domestic partner of any of the foregoing persons,
(iii) in-laws, and
(iv) any of the foregoing by marriage.Domestic partner means a person who, with respect to another person:
(i) is formally in a domestic partnership or similar relationship pursuant to any federal, state or local law or law of a foreign jurisdiction or registered as the domestic partner of the other person under any employer registry or registry of any state, municipality or foreign jurisdiction;
(ii) is formally recognized as a beneficiary under the other person’s employment benefits or health insurance, or under whose employment benefits or health insurance the other person is recognized as a beneficiary; or
(iii) is dependent or mutually interdependent on the other person for support or upon whom the other person is dependent or mutually interdependent for support as evidenced by the totality of the circumstances indicating a mutual intent to be domestic partners.Related Party Transaction is any transaction, agreement or other arrangement in which a Related Party has a financial or other interest.
Excess benefit transaction is a transaction with the Organization in which a director, officer or key employee receives an economic benefit that exceeds the value of the services, property or payment the Organization receives in return.
Substantial contributor to the Organization means a person who contributed or bequeathed an aggregate amount of more than $5,000 to the Organization, if such amount is more than 2 percent of the total contributions and bequests received by the Organization before the close of the taxable year of the Organization in which the contribution or bequest is received by the Organization from such person, taking into account only contributions received by the Organization during its current taxable year and the four preceding taxable years.
III. CONFLICTS OF INTEREST
A conflict of interest may arise whenever the interests of the Organization come into conflict with a financial, personal or other interest of a Related Party or whenever a Related Party’s financial, personal, or other interest could be reasonably viewed as affecting his or her objectivity or independence in fulfilling his or her duties to the Organization.
While it is not possible to describe or anticipate all the circumstances that might involve a conflict of interest, a potential or actual conflict of interest typically arises whenever a Related Party has, directly or indirectly:
A direct or indirect interest (financial or otherwise) in a transaction, agreement or any other arrangement in which the Organization or any Affiliate of the Organization participates.
A compensation arrangement or other interest in a transaction with the Organization or any Affiliate of the Organization.
A compensation arrangement or other interest in or affiliation with any entity or individual: (i) that sells goods or services to, or purchases goods or services from, the Organization or any Affiliate of the Organization; (ii) that competes with the Organization or any Affiliate of the Organization; or (iii) with which or whom the Organization or any Affiliate of the Organization has, or is negotiating, or contemplating negotiating, any other transaction or arrangement.
The ability to use the Related Party’s position, or confidential information or the assets of the Organization, to the Related Party’s or any other Related Party’s personal advantage or for an improper or illegal purpose.
Solicited or accepted any gift, entertainment, or other favor where such gift might create the appearance of influence on the Related Party or any other Related Party (other than gifts of nominal value, which are clearly tokens of respect and friendship unrelated to any particular transaction).
Acquired any property or other rights in which the Organization has, or the Related Party knows or has reason to believe at the time of acquisition that the Organization is likely to have, an interest.
An opportunity related to the activities of the Organization that is available to the Organization or to the Related Party, unless the Board has made an informed decision that the Organization will not pursue that opportunity.
Been indebted to the Organization, other than for amounts due for ordinary travel and expense advances.
Any other circumstance that may, in fact or in appearance, make it difficult for the Related Party to exercise independent, objective judgment or otherwise perform effectively.
IV. CONFLICT OF INTEREST AND RELATED PARTY TRANSACTION DISCLOSURE AND QUESTIONNAIRE
All material facts related to a potential or actual conflict of interest or Related Party Transaction with respect to an existing or proposed transaction, agreement or arrangement of the Organization or Related Party Transaction are required to be disclosed in good faith and in writing to the Board. Such disclosure shall include the nature of the person’s or Related Party’s interest and any other appropriate information about the transaction, agreement or arrangement or Related Party Transaction, and in the case of a proposed transaction, agreement, or arrangement or Related Party Transaction, any reasons why the transaction, agreement or arrangement or Related Party Transaction might or might not be fair, reasonable and in the best interests of the Organization.
Disclosures with respect to proposed transactions, agreements or arrangements or Related Party Transactions should be made in advance, before any action is taken on the matter. Conflict of interest and Related Party Transaction identification and analysis can be difficult and, therefore, a person should err on the side of caution and disclose all instances where a potential or actual conflict of interest or Related Party Transaction, or the appearance of a conflict of interest or Related Party Transaction may exist, even if the person is uncertain as to whether there is an actual conflict of interest or Related Party Transaction.
Each director, officer and key employee of the Organization, as well as nominees for election as director (prior to his or her initial election), must submit to the Secretary of the Organization at least once per year (and updated as appropriate) a questionnaire substantially in the form of the Appendix to this Policy. The Secretary of the Organization shall provide copies of all completed statements to the Chair of the Board.
Alright — here’s the remainder of the cleaned policy, picking up at Section V and going all the way through the Appendix.
V. PROCEDURES FOR REVIEWING POTENTIAL OR ACTUAL CONFLICTS OF INTEREST AND RELATED PARTY TRANSACTIONS
Duty to Disclose
Any person who has knowledge of an actual or potential conflict of interest or Related Party Transaction with respect to any actual or proposed transaction, agreement or arrangement of the Organization or Related Party Transaction shall make a full disclosure of all material facts to the Board in writing and in good faith.Determining Whether a Conflict of Interest Exists
After disclosure of all material facts and after any discussion with the interested person, he or she shall leave the Board meeting while the determination of a conflict of interest or Related Party Transaction is discussed and voted upon. The remaining Board members shall decide if a conflict of interest or Related Party Transaction exists.Procedures for Addressing the Conflict of Interest or Related Party Transaction
(a) The Chair of the Board shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction, agreement or arrangement or Related Party Transaction.
(b) After exercising due diligence, the Board shall determine whether the Organization can obtain with reasonable efforts a more advantageous transaction, agreement or arrangement from a person or entity that would not give rise to a conflict of interest or Related Party Transaction.
(c) If a more advantageous transaction, agreement or arrangement is not reasonably possible under circumstances not producing a conflict of interest or Related Party Transaction, the Board shall determine by a majority vote of the disinterested directors whether the transaction, agreement or arrangement or Related Party Transaction is fair, reasonable, and in the Organization’s best interests and shall make its decision as to whether to enter into the transaction, agreement or arrangement or Related Party Transaction in conformity with such determination.Violations of the Conflict of Interest and Related Party Transaction Policy
(a) If the Board has reasonable cause to believe a director, officer, or key employee has failed to disclose actual or potential conflicts of interest or Related Party Transactions, it shall inform the person of the basis for such belief and afford the person an opportunity to explain the alleged failure to disclose.
(b) If, after hearing the person’s response and after making further investigation as warranted by the circumstances, the Board determines that the person has failed to disclose an actual or potential conflict of interest or Related Party Transaction, it shall take appropriate disciplinary and corrective action.
VI. RECORDS OF PROCEEDINGS
The minutes of the Board shall contain:
(a) The names of the persons who disclosed or otherwise were found to have an actual or potential conflict of interest or Related Party Transaction, the nature of the conflict of interest or Related Party Transaction, any action taken to determine whether a conflict of interest or Related Party Transaction was present, and the Board’s decision as to whether a conflict of interest or Related Party Transaction in fact existed.
(b) The names of the persons who were present for discussions and votes relating to the transaction, agreement or arrangement or Related Party Transaction, the content of the discussion, including any alternatives to the proposed transaction, agreement or arrangement or Related Party Transaction, and a record of any votes taken in connection therewith.VII. COMPENSATION
(a) A voting member of the Board who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.
(b) A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.
(c) No voting member of the Board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization, either individually or collectively, is prohibited from providing information to any committee regarding compensation.VIII. ANNUAL STATEMENTS
Each director, officer, and key employee shall annually sign a statement which affirms that such person:
(a) Has received a copy of the Conflict of Interest and Related Party Transaction Policy;
(b) Has read and understands the Policy;
(c) Has agreed to comply with the Policy; and
(d) Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.IX. PERIODIC REVIEWS
To ensure the Organization operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects:
(a) Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm’s length bargaining.
(b) Whether partnerships, joint ventures, and arrangements with management organizations conform to the Organization’s written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes, and do not result in inurement, impermissible private benefit or in an excess benefit transaction.APPENDIX
Conflict of Interest and Related Party Transaction Annual Disclosure Statement
Name: ________________________________
Position (Director, Officer, Key Employee): ________________________________Please answer the following questions, attaching additional sheets if necessary.
Do you or any of your Relatives have a financial interest (as defined in the Policy) in any entity with which the Organization has a transaction, agreement, or arrangement?
☐ Yes ☐ No
If Yes, please describe: _______________________________________________________Do you or any of your Relatives have a compensation arrangement with the Organization or with any entity or individual with which the Organization has a transaction, agreement, or arrangement?
☐ Yes ☐ No
If Yes, please describe: _______________________________________________________Do you or any of your Relatives serve as a director, trustee, officer, or key employee of any entity with which the Organization has a transaction, agreement, or arrangement?
☐ Yes ☐ No
If Yes, please describe: _______________________________________________________Have you or any of your Relatives received any gifts or favors from any entity or individual with which the Organization has a transaction, agreement, or arrangement?
☐ Yes ☐ No
If Yes, please describe: _______________________________________________________
I have received, read, understand, and agree to comply with the Organization’s Conflict of Interest and Related Party Transaction Policy.
Signature: ____________________________
Date: ________________________________ -
GUIDELINES FOR SOCIAL MEDIA
HILLEL AT BARUCH COLLEGE, INC.
A. Hillel at Baruch College recognizes that social media is part of our broader societal culture and can be an important part of work at our Hillel, offering new ways to engage with students and colleagues. In general, what employees do on their own time is a personal matter. However, activities in or outside the workplace that affect work performance, the performance of others, or Hillel at Baruch College generally are a proper concern. Given that posted material when matched with an individual's identity can reflect on the author, Hillel at Baruch College, fellow employees, and strategic partners, the purpose of this social media and social networking policy is to protect all of those parties and other interested stakeholders. Although web-based content can be anonymous, it is best to remember that much of the information published on the Internet can be traced back to the author. Additionally, material posted on the Internet is generally available indefinitely and is virtually impossible to recall or delete.
B. Definition: Hillel at Baruch College defines social media as various Internet-based applications and technology tools that enable people to communicate and share information and resources through user-generated content. Social media specifically includes, but is not limited to, blogging, instant messaging, and texting, as well as applications such as Facebook, Instagram, Snapchat, YouTube, Twitter and all other Social Media Platforms.
C. In general, if this policy or any other Hillel at Baruch College policy does not address a particular point or issue, employees should use their professional judgment and take the most prudent action possible. They should always consult with a supervisor or the Executive Director if uncertain as to the propriety of any particular action in the context of social media.
D. Use Common Sense and Good Judgment - Anything you post may reflect on Hillel at Baruch College so employees must use good judgment in all postings in any social media forum. If Hillel is referenced in any way in your communications, they must adhere to Hillel’s policies. For example, Hillel at Baruch College is an Equal Opportunity Employer and has a zero tolerance for harassment. Personal social media entries that reference Hillel at Baruch College should be consistent with these and other policies. If something is not acceptable in the workplace, it is not acceptable in other forums that feature Hillel at Baruch College or involve Hillel at Baruch College or its employees in any way.
E. Do Not Disclose Proprietary Information - Information published in your social media entries should comply with Hillel at Baruch College’s confidentiality and disclosure of proprietary data policies. Employees must not disclose or share any confidential information about Hillel at Baruch College’s finances, strategy, or operations, or its students or donors.
F. Respect Others - Be respectful to Hillel at Baruch College, employees, students, partners, and donors. In general, avoid defamatory, harassing or indecent comments. Be aware that your actions captured via images, posts, or comments can reflect that of Hillel.
G. Respect Copyright Laws - Where appropriate, reference or cite sources appropriately as plagiarism applies online as well.
H. Maintain Work Commitments - Social media activities should not interfere with work commitments.
I. Violations of this policy may result in disciplinary action up to and including termination. Employees should use this policy as a guide for any entries or communications that in any way involve or reflect upon Hillel at Baruch College and should remember always to use their best professional judgment. If an employee has questions about this policy, he/she should discuss any concerns with his/her supervisor and/or the Executive Director.
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Purpose and Goals
Hillel at Baruch, Inc. is committed to maintaining a workplace free from harassment and discrimination. Sexual harassment is a form of workplace discrimination that subjects an employee to inferior conditions of employment due to their gender, gender identity, gender expression (perceived or actual), and/or sexual orientation. Sexual harassment is often viewed simply as a form of gender-based discrimination, but Hillel at Baruch, Inc. recognizes that discrimination can be related to or affected by other identities beyond gender. Under the New York State Human Rights Law, it is illegal to discriminate based on sex, sexual orientation, gender identity or expression, age, race, creed, color, national origin, military status, disability, pre-disposing genetic characteristics, familial status, marital status, criminal history, or status as a victim of domestic violence. Our different identities impact our understanding of the world and how others perceive us. For example, an individual’s race, ability, or immigration status may impact their experience with gender discrimination in the workplace. While this policy is focused on sexual harassment and gender discrimination, the methods for reporting and investigating discrimination based on other protected identities are the same. The purpose of this policy is to teach employees to recognize discrimination, including discrimination due to an individual’s intersecting identities, and provide the tools to take action when it occurs. All employees, managers, and supervisors are required to work in a manner designed to prevent sexual harassment and discrimination in the workplace. This policy is one component of Hillel at Baruch Inc.’s commitment to a discrimination-free work environment.
Goals of this Policy:
Sexual harassment and discrimination are against the law. After reading this policy, employees will understand their right to a workplace free from harassment. Employees will also learn what harassment and discrimination look like, what actions they can take to prevent and report harassment, and how they are protected from retaliation after taking action. The policy will also explain the investigation process into any claims of harassment. Employees are encouraged to report sexual harassment or discrimination by filing a complaint internally with Hillel at Baruch, Inc. Employees can also file a complaint with a government agency or in court under federal, state, or local antidiscrimination laws. To file an employment complaint with the New York State Division of Human Rights, please visit https://dhr.ny.gov/complaint. To file a complaint with the United States Equal Employment Opportunity Commission, please visit https://www.eeoc.gov/filing-charge-discrimination.
Adoption of this policy does not constitute a defense to charges of unlawful sexual harassment. Each claim of sexual harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti-harassment policy and procedure.
Sexual Harassment and Discrimination Prevention Policy:
Hillel at Baruch’s policy applies to all employees, applicants for employment, and interns, whether paid or unpaid. The policy also applies to additional covered individuals. It applies to anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in our workplace. These individuals include persons commonly referred to as independent contractors, gig workers, and temporary workers. Also included are persons providing equipment repair, cleaning services, or any other services through a contract with Hillel at Baruch, Inc.. For the remainder of this policy, we will use the term “covered individual” to refer to these individuals who are not direct employees of the company.
Sexual harassment is unacceptable. Any employee or covered individual who engages in sexual harassment, discrimination, or retaliation will be subject to action, including appropriate discipline for employees. In New York, harassment does not need to be severe or pervasive to be illegal. Employees and covered individuals should not feel discouraged from reporting harassment because they do not believe it is bad enough, or conversely because they do not want to see a colleague fired over less severe behavior. Just as harassment can happen in different degrees, potential discipline for engaging in sexual harassment will depend on the degree of harassment and might include education and counseling. It may lead to suspension or termination when appropriate.
Retaliation is prohibited. Any employee or covered individual that reports an incident of sexual harassment or discrimination, provides information, or otherwise assists in any investigation of a sexual harassment or discrimination complaint is protected from retaliation. No one should fear reporting sexual harassment if they believe it has occurred. So long as a person reasonably believes that they have witnessed or experienced such behavior, they are protected from retaliation. Any employee of Hillel at Baruch, Inc. who retaliates against anyone involved in a sexual harassment or discrimination investigation will face disciplinary action, up to and including termination. All employees and covered individuals working in the workplace who believe they have been subject to such retaliation should inform a supervisor, manager, or Executive Director. All employees and covered individuals who believe they have been a target of such retaliation may also seek relief from government agencies, as explained below in the section on Legal Protections.
Discrimination of any kind, including sexual harassment, is a violation of our policies, is unlawful, and may subject Hillel at Baruch, Inc. to liability for the harm experienced by targets of discrimination. Harassers may also be individually subject to liability and employers or supervisors who fail to report or act on harassment may be liable for aiding and abetting such behavior. 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.
Hillel at Baruch, Inc. will conduct a prompt and thorough investigation that is fair to all parties. An investigation will happen whenever management receives a complaint about discrimination or sexual harassment, or when it otherwise knows of possible discrimination or sexual harassment occurring. Hillel at Baruch, Inc. will keep the investigation confidential to the extent possible. If an investigation ends with the finding that discrimination or sexual harassment occurred,
Baruch, Inc. will act as required. In addition to any required discipline, will also take steps to ensure a safe work environment for the employee(s) who experienced the discrimination or harassment. All employees, including managers and supervisors, are required to cooperate with any internal investigation of discrimination or sexual harassment.
All employees and covered individuals are encouraged to report any harassment or behaviors that violate this policy. All employees will have access to a complaint form to report harassment and file complaints. Use of this form is not required. For anyone who would rather make a complaint verbally, or by email, these complaints will be treated with equal priority. An employee or covered individual who prefers not to report harassment to their manager or employer may instead report harassment to the New York State Division of Human Rights and/or the United States Equal Employment Opportunity Commission. Complaints may be made to both the employer and a government agency.
Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of, to the Executive Director.
This policy applies to all employees and covered individuals, such as contractors, subcontractors, vendors, consultants, or anyone providing services in the workplace, and all must follow and uphold this policy. This policy must be provided to all employees in person or digitally through email upon hiring and will be posted prominently in all work locations. For those offices operating remotely, in addition to sending the policy through email, it will also be available on the organization’s shared network.
What Is Sexual Harassment?
Sexual harassment is a form of gender-based discrimination that is unlawful under federal, state, and (where applicable) 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. The gender spectrum is nuanced, but the three most common ways people identify are cisgender, transgender, and non-binary. A cisgender person is someone whose gender aligns with the sex they were assigned at birth. Generally, this gender will align with the binary of male or female. A transgender person is someone whose gender is different than the sex they were assigned at birth. A non-binary person does not identify exclusively as a man or a woman. They might identify as both, somewhere in between, or completely outside the gender binary. Some may identify as transgender, but not all do. Respecting an individual’s gender identity is a necessary first step in establishing a safe workplace.
Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment. Harassment does not need to be severe or pervasive to be illegal. It can be any harassing behavior that rises above petty slights or trivial inconveniences. Every instance of harassment is unique to those experiencing it, and there is no single boundary between petty slights and harassing behavior. However, the Human Rights Law specifies that whether harassing conduct is considered petty or trivial is to be viewed from the standpoint of a reasonable victim of discrimination with the same protected characteristics. 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 Hillel at Baruch, Inc. policy. The intent of the behavior, for example, making a joke, does not neutralize a harassment claim. Not intending to harass is not a defense. The impact of the behavior on a person is what counts. 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:
● The purpose or effect of this behavior unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment. The impacted person does not need to be the intended target of the sexual harassment;
● Employment depends implicitly or explicitly on accepting such unwelcome behavior; or
● Decisions regarding an individual’s employment are based on an individual’s acceptance to or rejection of such behavior. Such decisions can include what shifts and how many hours an employee might work, project assignments, as well as salary and promotion decisions.
There are two main types of sexual harassment:
● 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.
● 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. This is also called quid pro quo harassment.
Any employee or covered individual who feels harassed is encouraged to report the behavior so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be discrimination and is covered by this policy.
Examples of Sexual Harassment
The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited. This list is just a sample of behaviors and should not be considered exhaustive. Any employee who believes they have experienced sexual harassment, even if it does not appear on this list, should feel encouraged to report it:
● Physical acts of a sexual nature, such as:
o Touching, pinching, patting, kissing, hugging, grabbing, brushing against anotheremployee’s body, or poking another employee’s body; or
o Rape, sexual battery, molestation, or attempts to commit these assaults, which may beconsidered criminal conduct outside the scope of this policy (please contact local law enforcement if you wish to pursue criminal charges).
● Unwanted sexual comments, advances, or propositions, such as:
o Requests for sexual favors accompanied by implied or overt threats concerning the target’sjob performance evaluation, a promotion, or other job benefits;
▪ This can include sexual advances/pressure placed on a service industry employee by customers or clients, especially those industries where hospitality and tips are essential to the customer/employee relationship;
o Subtle or obvious pressure for unwelcome sexual activities; or
o Repeated requests for dates or romantic gestures, including gift-giving.Sexually oriented gestures, noises, remarks or jokes, or questions and comments about a person’s sexuality, sexual experience, or romantic history which create a hostile work environment. This is not limited to interactions in person. Remarks made over virtual platforms and in messaging apps when employees are working remotely can create a similarly hostile work environment.
Sex 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 should act or look:
o Remarks regarding an employee’s gender expression, such as wearing a garment typically associated with a different gender identity; or
o Asking employees to take on traditionally gendered roles, such as asking a woman to serve meeting refreshments when it is not part of, or appropriate to, her job duties.
Sexual or discriminatory displays or publications anywhere in the workplace, such as:
o Displaying pictures, posters, calendars, graffiti, objects, promotional material, readingmaterials, or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace;
o This also extends to the virtual or remote workspace and can include having such materials visible in the background of one’s home during a virtual meeting.
Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity, or gender expression, such as:
o Interfering with, destroying, or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
o Sabotaging an individual’s work;
o Bullying, yelling, or name-calling;
o Intentional misuse of an individual’s preferred pronouns; or
o Creating different expectations for individuals based on their perceived identities:▪ Dress codes that place more emphasis on women’s attire;
▪ Leaving parents/caregivers out of meetings.
Who Can be a Target of Sexual Harassment?
Sexual harassment can occur between any individuals, regardless of their sex or gender. Harassment does not have to be between members of the opposite sex or gender. New York Law protects employees and all covered individuals described earlier in the policy. Harassers can be anyone in the workplace. A supervisor, a supervisee, or a coworker can all be harassers. Anyone else in the workplace can also be harassers including an independent contractor, contract worker, vendor, client, customer, patient, constituent, or visitor.
Sexual harassment does not happen in a vacuum and discrimination experienced by an employee can be impacted by biases and identities beyond an individual’s gender. For example:
● Placing different demands or expectations on black women employees than white women employees can be both racial and gender discrimination;
● An individual’s immigration status may lead to perceptions of vulnerability and increased concerns around illegal retaliation for reporting sexual harassment; or
● Past experiences as a survivor of domestic or sexual violence may lead an individual to feel re-traumatized by someone’s behaviors in the workplace.
Individuals bring personal history with them to the workplace that might impact how they interact with certain behavior. It is especially important for all employees to be aware of how words or actions might impact someone with a different experience than their own in the interest of creating a safe and equitable workplace.
Where Can Sexual Harassment Occur?
Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer or industry sponsored events or parties. Calls, texts, emails, and social media usage by employees or covered individuals can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices, or during non-work hours.
Sexual harassment can occur when employees are working remotely from home as well. Any behaviors outlined above that leave an employee feeling uncomfortable, humiliated, or unable to meet their job requirements constitute harassment even if the employee or covered individual is at home when the harassment occurs. Harassment can happen on virtual meeting platforms, in messaging apps, and after working hours between personal cell phones.
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 worker or covered individual 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. For example, threats of physical violence outside of work hours or disparaging someone on social media would be covered as retaliation under this policy.
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;
● Refusing to provide a reference or providing an unwarranted negative reference;
● Labeling an employee as “difficult” and excluding them from projects to avoid “drama”;
● Undermining an individual’s immigration status; or
● Reducing work responsibilities, passing over for a promotion, or moving an individual’s desk to a
less desirable office location.
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.
Reporting Sexual Harassment
Everyone must work toward preventing sexual harassment, but leadership matters. Supervisors and managers have a special responsibility to make sure employees feel safe at work and that workplaces are free from harassment and discrimination. Any employee or covered individual is encouraged to report harassing or discriminatory behavior to a supervisor, manager or the Executive Director. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to a supervisor, manager, or the Executive Director.
Reports of sexual harassment may be made verbally or in writing. A written complaint form is attached to this policy if an employee would like to use it, but the complaint form is not required. Employees who are reporting sexual harassment on behalf of other employees may use the complaint form and should note that it is on another employee’s behalf. A verbal or otherwise written complaint (such as an email) on behalf of oneself or another employee is also acceptable.
Employees and covered individuals who believe they have been a target of sexual harassment may at any time seek assistance in additional available forums, as explained below in the section on Legal Protections.
Supervisory Responsibilities
Supervisors and managers have a responsibility to prevent sexual harassment and discrimination. All supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing or discriminatory behavior, or for any reason suspect that sexual harassment or discrimination is occurring, are required to report such suspected sexual harassment to the the Executive Director. Managers and supervisors should not be passive and wait for an employee to make a claim of harassment. If they observe such behavior, they must act.
Supervisors and managers can be disciplined if they engage in sexually harassing or discriminatory behavior themselves. Supervisors and managers can also be disciplined for failing to report suspected sexual harassment or allowing sexual harassment to continue after they know about it.
Supervisors and managers will also be subject to discipline for engaging in any retaliation.
While supervisors and managers have a responsibility to report harassment and discrimination, supervisors and managers must be mindful of the impact that harassment and a subsequent investigation has on victims. Being identified as a possible victim of harassment and questioned about harassment and discrimination can be intimidating, uncomfortable and re-traumatizing for individuals. Supervisors and managers must accommodate the needs of individuals who have experienced harassment to ensure the workplace is safe, supportive, and free from retaliation for them during and after any investigation.
Bystander Intervention
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. There are five standard methods of bystander intervention that can be used when anyone witnesses harassment or discrimination and wants to help.
A bystander can interrupt the harassment by engaging with the individual being harassed and distracting them from the harassing behavior;
A bystander who feels unsafe interrupting on their own can ask a third party to help intervene in the harassment;
A bystander can record or take notes on the harassment incident to benefit a future investigation;
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
If a bystander 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.
Though not exhaustive, and dependent on the circumstances, the guidelines above can serve as a brief guide of how to react when witnessing harassment in the workplace. 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.
Complaints and Investigations of Sexual Harassment
All complaints or information about sexual harassment will be investigated, whether that information was reported in verbal or written form. An investigation of any complaint, information, or knowledge of suspected sexual harassment will be prompt, thorough, and started and completed as soon as possible. The investigation will be kept confidential to the extent possible. All individuals involved, including those making a harassment claim, witnesses, and alleged harassers deserve a fair and impartial investigation.
Any employee may be required to cooperate as needed in an investigation of suspected sexual harassment. Hillel at Baruch, Inc. will take disciplinary action against anyone engaging in retaliation against employees who file complaints, support another’s complaint, or participate in harassment investigations.
Hillel at Baruch, Inc. recognizes that participating in a harassment investigation can be uncomfortable and has the potential to retraumatize an employee. Those receiving claims and leading investigations will handle complaints and questions with sensitivity toward those participating.
While the process may vary from case to case, investigations will be done in accordance with the following steps. Upon receipt of a complaint, the Executive Director:
Will conduct a prompt review of the allegations, assess the appropriate scope of the investigation, and take any interim actions (for example, instructing the individual(s) about whom the complaint was made to refrain from communications with the individual(s) who reported the harassment), as appropriate. If complaint is verbal, request that the individual completes the complaint form in writing. If the person reporting prefers not to fill out the form, the Executive Director will prepare a complaint form or equivalent documentation based on the verbal reporting;
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 Executive Director will consider and implement appropriate document request, review, and preservation measures, including for electronic communications;
Will seek to interview all parties involved, including any relevant witnesses;
Will create a written documentation of the investigation (such as a letter, memo or email), which contains the following:
A list of all documents reviewed, along with a detailed summary of relevant documents;
A list of names of those interviewed, along with a detailed summary of their statements;
A timeline of events;
A summary of any prior relevant incidents disclosed in the investigation, reported or
unreported; and
The basis for the decision and final resolution of the complaint, together with any corrective
action(s).
Will keep the written documentation and associated documents in a secure and confidential location;
Will promptly notify the individual(s) who reported the harassment and the individual(s) about whom the complaint was made that the investigation has been completed and implement any corrective actions identified in the written document; and
Will inform the individual(s) who reported of the right to file a complaint or charge externally as outlined in the next section.
Legal Protections and External Remedies
Sexual harassment is not only prohibited by Hillel at Baruch, Inc., but 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 Hillel at Baruch, Inc. 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.
Conclusion
The policy outlined above is aimed at providing employees at Hillel at Baruch, Inc. and covered individuals an understanding of their right to a discrimination and harassment free workplace. All employees should feel safe at work. Though the focus of this policy is on sexual harassment and gender discrimination, the New York State Human Rights law protects against discrimination in several protected classes including sex, sexual orientation, gender identity or expression, age, race, creed, color, national origin, military status, disability, pre-disposing genetic characteristics, familial status, marital status, criminal history, or domestic violence survivor status. The prevention policies outlined above should be considered applicable to all protected classes.
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Hillel at Baruch College, Inc. Technology Use Policy
Overview
Information, including information entrusted to Hillel at Baruch by its clients, donors and business partners, must be protected by taking reasonable and appropriate steps to ensure information’s confidentiality, integrity, and availability. All members of the Hillel at Baruch workforce and all information systems used by Hillel at Baruch are required to comply with the information security policies.Acceptable Use of Assets
Information systems owned and provided by Hillel at Baruch are to be used for business purposes only. Information systems may not be used for the purpose of defamation, harassment, impersonation, forwarding of chain letters, personal purchases, etc. Hillel at Baruch reserves the right to monitor, filter, and deny the use of its assets.Use of Communications Services and Equipment
The communications services and equipment utilized by Hillel at Baruch are to be used primarily for legitimate and substantial business purposes. Personal use should be kept to a minimum. Personnel have a right to expect that other Hillel at Baruch personnel will not gain access for files, messages, communications, or documents of others unless they have a legitimate reason to do so. Accessing files, messages, communications, or documents of others without a legitimate reason is inappropriate and is prohibited.Personnel must not utilize the communications services and equipment used by Hillel at Baruch in any way that may be seen as insulting, disruptive, or offensive to other persons, or harmful to morale. Examples of forbidden transmissions include sexually-explicit messages, cartoons, or jokes; ethnic or racial slurs; or any other message that can be construed to be harassment or disparagement of others based on their sex, race, sexual orientation, age, national origin, religious beliefs, or other personal characteristics or circumstances.
Policy Violation - Any personnel who is found, after appropriate investigation, to have violated this policy will be subject to appropriate disciplinary action, up to and including termination.
Usage of Internet Access Systems
Hillel at Baruch provides Internet access to personnel. The guidelines listed below help personnel determine proper Internet usage. Hillel at Baruch reserves the right to monitor and record Internet usage and file server utilization of all personnel. This monitoring includes determining web sites visited and mail transmissions sent. Hillel at Baruch reserves the right to suspend individual user accounts for violation of Hillel at Baruch policies.The following guidelines define Internet usage:
File transfers are to be for business use only by authorized Hillel at Baruch personnel.
Use of another person’s account or access to their personal files without their consent is strictly prohibited.
Account passwords must be carefully protected to avoid the possibility of unauthorized use or intrusion of Hillel at Baruch systems. If a computer is lost or stolen, or if an ID or password are suspected to be stolen, report this immediately to management or designated IT personnel.
Confidential information is not to be transmitted without proper encryption.
All news group postings are to be for Hillel at Baruch business. Every message posted bears the address of Hillel at Baruch and therefore should be worded in such a way to promote and protect the integrity of Hillel at Baruch, and the confidentiality of its clients and donors.
Disruptive behavior such as introducing viruses or intentionally destroying or modifying files on the network is strictly prohibited.
Any personal use for commercial or illegal activity is strictly prohibited.
Downloading Files
All downloaded files or applications are to be scanned for viruses before being saved on Hillel at Baruch computers. Exploration and use of the Internet pertaining to non-work related items should not interfere with productivity and must be done during lunch or break periods, or before or after work hours. Transmission of harassing, discriminatory or otherwise objectionable e-mail or files (as determined by the recipient) is strictly prohibited. Access to obscene or offensive sites is strictly prohibited and subject to disciplinary action.Workstation Security
Use of Hillel at Baruch’s workstations (including, but not limited to, personal computers, laptops, “smartphones”, etc.) is restricted to authorized personnel. Personnel in possession of such devices owned by Hillel at Baruch, or in possession of devices containing Hillel at Baruch’s information, must take precaution to protect and control these devices from unauthorized physical access, loss, or theft. Personnel must not leave these devices unattended in unprotected public areas or during transit.Lost Device Procedures
In the event a device is lost or stolen, the workforce member assigned that device must immediately report the incident at the time of discovery to their supervisor. -
Hillel at Baruch College, Inc. Grievance Policy
Purpose:
To provide a means of communication between supervisors and employees
To ensure a prompt, orderly, and fair response to an employee’s grievance or complaint.
Policy:
The Employee Grievance Policy has been established to provide for fair and timely resolution of disputes that may arise in the workplace and applies to all employees. Hillel at Baruch has established an informal and formal review system to address grievances as quickly and fairly as possible. Employees who seek resolution of employment situations by using the established procedures will not be subjected to discrimination or retaliation, or be penalized in any way.Informal and formal review systems should only be used when person-to-person resolution has been unsuccessful.
Informal procedure: Employees are encouraged to resolve issues with co-workers and supervisors by talking directly to the other party involved.
Formal procedure: If informal attempts fail to achieve resolution, the following steps are to be followed in a formal grievance procedure:
The employee should put the grievance in writing and include: a. the description of the grievance and listing of facts and b. the resolution being sought.
The document should be signed, with copies given to the relevant supervisor and the Executive Director.
The Executive Director will conduct a thorough investigation that includes meeting with all parties involved and any other individuals the parties determine might be able to assist in investigation and/or resolution of the issue. This meeting will take place within 10 working days of receipt of the written grievance.
The Executive Director will provide all parties a written statement describing the grievance and the resolution of the grievance within 5 working days of the completion of the meeting(s). Copies will be included in the personnel files of the parties involved in the grievance.
If the grieving party(s) is unsatisfied with the proposed resolution, they may appeal the grievance to the Chair of the Board of Directors. The Chair will then meet with the party(s) to determine if resolution is possible and decide whether the grievance needs to be presented to the Board of Directors.
If all attempts at resolution have failed, all documentation may be presented to the Board of Directors. The board’s decision, or the decision of the board chair if the board elects not to review the matter, will be final and will not be subject to further review or appeal.
If the grievance is with the Executive Director, the grievance will go directly to the Board chair.
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EMERGENCY, ACTIVE SHOOTER, SHELTER IN PLACE, LOCKDOWN PROCEDURES AT HILLEL AT BARUCH COLLEGE, INC.
Emergency Evacuation Procedures
If a fire alarm is activated, all building occupants must immediately evacuate the building in compliance with the fire alarm evacuation plan described in Chapter 3. Public Safety will use the public address system to provide further instructions and updates.
For non-fire alarm incidents that require an evacuation of the buildings, Public Safety will communicate instructions using the public address system, CUNYalert, and other systems depending on the incident.
The Director of Public Safety will deploy Public Safety staff to manage the evacuation, ensure full compliance by building occupants, and aid those in need of assistance. Public Safety staff will lock doors, close windows, and isolate hallways and classrooms to control movement in the building. They will not allow anyone to re-enter until it is determined safe to do so.
Every building and every floor will have pre-designated Emergency Evacuation Volunteers (known as Fire Wardens, Deputy Fire Wardens, and Searchers). These individuals will be trained and directed by Public Safety. They are not first responders. Their role is to assist by instructing others in their area to evacuate or to stay in place, as directed by Public Safety. They are expected to help guide their floor’s evacuation and account for building occupants in the Evacuation Assembly or other areas designated by Public Safety.
The Emergency Assembly area is Madison Square Park unless Public Safety designates another location.General Instructions for the Campus Community
Stay calm.
Take the closet and safest way out.
If you know the location of the hazard, use an exit route that avoids it.
In cases of a gas leak or hazardous material spill, use a route the will keep you upwind of the problem area.
Do not use elevators.
Do not stop for belongings or records.
Aid those needing special assistance.
Check for injuries and report to Emergency Personnel after evacuating.
Report to designated Emergency Assembly Area.
Wait for further instructions.
Building occupants are directed to use all fire exit stairwells in an evacuation and not use the elevators in any circumstances. All faculty and staff members should be familiar with the locations of building egresses listed below.
Shelter in Place Procedures
Based on the nature of the incident, Public Safety may instruct building occupants to “Shelter in Place.” In consultation with the Vice President for Administration and Finance and with assistance from the Vice President for Communications when available, Public Safety will provide on-going updated instructions and information using suitable communication systems for the incident, including CUNYalert, public address system, and others.General Instructions for the Campus Community
Close all windows and doors.
Turn off lights and move away from doors.
Do not stand in hallways or stairwells.
Go to a room.
In the case of an active shooter incident, follow the instructions to barricade the door, stay low to the ground, and shield behind large objects.
In the case of an active shooter incident, stay quiet and silence cell phones.
If instructed to “Lock Down” as well as “Shelter in Place,” follow “Lock Down” procedures stated below, which differ depending on what building you are in.
Wait for further instructions.
When Public Safety and or N.Y.P.D. arrive, obey all commands. Keep open hands in the air visible to first responders in cases of an armed intruder incident.
Lock Down Procedures
Based on the nature of the incident, Public Safety may initiate a “Lock Down” of College spaces as part of the direction to “Shelter in Place.” In the Newman Vertical Campus, Newman Library/ITB Building, all classrooms and spaces with ID card access are locked down by Public Safety using the building management system. In other spaces, occupants must manually lock the door.Active Shooter Procedures
Once aware of an armed intruder, the Director of Public Safety will notify N.Y.P.D. and then inform the Vice President for Administration and Finance. The Director will initiate an evacuation or stay in place protocol for designated areas, as judged safest based on available information. The “Lock Down” procedure will be a part of the “Shelter in Place” protocol. Public Safety will make all efforts to gather information about the incident, including the shooter(s) location. This information will be provided to the first responders as well as the campus community as described below. Public Safety will also direct the evacuation of buildings, as described in Chapter 2. Generally, violence escalates very quickly and will require an immediate response from armed law enforcement officers trained to deal with such incidents. However, Public Safety personnel are there to support their efforts.
As part of the evacuation or “Shelter in Place” plan, the Director of Public Safety will alert the campus community to the presence of an armed intruder or active shooter and provide additional information, including the location, if known, that helps community members avoid danger. The Director will use the public address system, CUNYalert, and any other systems appropriate for the situation.
In some instances, the Director of Public Safety will give specific instructions to evacuate or to “Shelter in Place.” In others, the building occupants may have to make that determination on their own. The College provides various resources to prepare the campus community on how to respond. It is everyone’s responsibility to familiarize themselves with those resources. They include instructions posted on the Public Safety website, a training video prepared by Homeland Security posted on the website, and yearly mandatory workplace violence training that features guidance on reacting in an active shooter situation.General Instructions for the Campus Community
Run
If you can do so safely, exit the building immediately.
Leave possessions behind.
Notify anyone that you encounter to do the same.
Do not activate the fire alarm as it may cause unknowing occupants to evacuate to a danger zone.
When safe to do so, call 911 and Public Safety at x3333 and provide your name, the location of the incident, the number of shooters, the type of weapon, the direction of travel, and if there are any injured persons.
Hide
If you are unable to safely evacuate go to the nearest room.
Lock and/or barricade the door.
Stay away from doors/windows.
Stay low to the ground and shield behind large objects.
Stay quiet. Silence cell phones.
Do not answer the door unless an “All Clear” announcement has been given.
Wait for Public Safety and/or N.Y.P.D. arrive to escort you out of the area.
When Public Safety and/or N.Y.P.D. arrive, obey all commands. Keep open hands in the air visible to first responders.
Fight
Fighting back is dangerous but it may be your only option in the situation.
Act as a group if possible.
Improvise weapons.
Act with physical aggression.
Commit to your actions.
Once the assailant is incapacitated, call 911 and Public Safety 646-660-3333.
Shooting incidents are difficult to predict, but many are related to workplace or domestic violence and behavioral issues. These are often preceded by warning signs that are ignored. At Baruch College, we have multiple venues for reporting safety related concerns and directing resources to maintain a safe community. They include:
The Public Safety Department, where all violent incidents and threats must be reported.
Workplace violence policies and reporting procedures.
A Crisis Intervention Team for concerns about student behavior.
An Employee Assistance Program to provide counseling and mental health referrals for faculty and staff.
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Hillel at Baruch College, Inc.
Remote Work PolicyPolicy Guidelines
The core of our mission and work at Hillel at Baruch is student engagement. Therefore, all positions are in-person roles (with few exceptions). There are certain circumstances in which staff may work from home on a particular day(s). There may also be special circumstances in which an employee requests to work from home on a particular day(s). This type of request must be approved in advance by the employee’s supervisor. Hillel at Baruch has the right to refuse to make remote work status available to a staff member and to terminate a remote work arrangement at any time.On day(s) in which staff works remotely from home, the following basic requirements must be met in regards to remote work:
Employees must be able to carry out the same duties, assignments, and other work obligations at their home office as they do when working on Hillel at Baruch’s premises.
Employees are expected to be available to their supervisors, managers, and co-workers during agreed-upon work hours and make their availability clear from their instant messaging work status. Employees will need to ensure that they can be reached through telephone, instant messaging (examples: text, WhatsApp), or other communication tools that are being used at Hillel at Baruch. Hillel at Baruch expects the same level of professionalism and responsiveness from its remote employees as it would from employees working at the office.
Employees must be available to attend scheduled meetings and participate in other required office activities at the local office as needed.
Employees must arrange for childcare or dependent care during their work hours except in cases of extraordinary extenuating circumstances.
Productivity
Hillel at Baruch expects at least the same level of productivity from employees who work remotely full-time as from those who do not. As part of the Remote Work Agreement between Hillel at Baruch and the employee, the employee’s manager will establish productivity expectations and standards. In addition, for a nonexempt employee, Hillel at Baruch will establish the number of hours the employee is expected to work each day.Remote Work Terms and Conditions
Equipment/Tools
Hillel at Baruch will provide any necessary tools and equipment for remote working staff to perform their current duties. This may include computer hardware, computer software, voice communication, email, voicemail, connectivity to host applications, and other applicable equipment as deemed necessary. The use of equipment, software, and data supplies provided by Hillel at Baruch for use at the remote work location is limited to the designated Hillel at Baruch staff and for purposes relating to Hillel at Baruch business. The organization will provide for repairs to organizational equipment.
Hillel at Baruch generally will not reimburse any home furnishing–related expenses such as construction, renovations, heating/air conditioning, lighting, electricity, or internet connectivity. Employees are responsible for furnishing, equipping, and maintaining their home offices so that they have a safe, secure, healthful, and comfortable work environment and can accomplish their work in an efficient and expeditious manner.
Any equipment, software, data supplies, and furniture provided by Hillel at Baruch to staff for remote work must be returned upon request at Hillel at Baruch’s expense. It is the employee’s responsibility to protect Hillel at Baruch's equipment while in the employee’s care. Items stolen from vehicles or cafés where inadequate theft prevention measures were taken must be paid for at the employee’s expense.
Data Safety
The employee has an obligation to protect the data of Hillel at Baruch and its clients and stakeholders. The employee is required to take any offered data and cybersecurity courses before or at the start of their remote work arrangement and to apply appropriate application and server access protocols so as to protect the integrity of the Hillel at Baruch's data and that of its customers and partners.Workspace
The staff member shall designate a workspace within the remote work location for placement and installation of equipment to be used while working remotely.Office Supplies
Office supplies will be provided by the company as needed. Out-of-pocket expenses for other supplies will not be reimbursed without prior approval of the employee’s manager.Tax Implications
It is the employee’s responsibility to determine any income tax implication of maintaining a home office. Hillel at Baruch will not provide tax guidance nor will it assume any additional tax liabilities. The employee is encouraged to consult with a tax professional to discuss any income tax implications of working remotely.Worker’s Compensation
During work hours and while performing work functions in the designated work area of the home, remote working staff are covered by Hillel at Baruch’s worker compensation insurance.Liability
The employee’s home workspace will be considered an extension of Hillel at Baruch’s workspace, therefore, Hillel at Baruch will continue to be liable for job-related accidents that occur in the employee’s home workspace during the employee’s working hours.
The organization will be liable for injuries or illnesses that occur during the employee’s agreed-upon work hours. The employee’s at-home work hours will conform to a schedule agreed upon by the employee and his or her supervisor. If such a schedule has not been agreed upon, the employee’s work hours will be assumed to be the same as before the employee began working remotely.
Hillel at Baruch assumes no liability for injuries occurring in the employee’s home workspace outside the agreed-upon work hours, and is not liable for loss, destruction, or injury that may occur in or to the employee’s home. This includes family members, visitors, or others that may become injured within or around the employee’s home.
Dependent or Child Care
Working remotely is not a substitute for dependent or child care since remote workers will not be available during organizational core work hours to provide the type of quality of attention required in caretaker scenarios.Communication
Staff members must be available by phone, email, Zoom, WhatsApp, etc., or any other designated communication portals determined by his or her manager, during core hours. Employees must continue to be available for staff meetings and other meetings deemed necessary by management. Hillel at Baruch offers a fully-paid Verizon unlimited plan for calls/texts/data, available to all full time staff.