GENERAL 

Yeshiva University fully supports the right of all people to be treated with fairness, dignity and respect. It is committed to fostering an environment where people can learn free from intimidation, aggression, coercion and victimization. Accordingly, the University recognizes bullying and hazing as unacceptable behavior and will not tolerate it. 

This Policy is intended to protect all students of the University, and applies to conduct that occurs on University premises and/or at University-sponsored and affiliated activities and events, whether on University premises or at other locations, including, but not limited to, overnight trips, sporting events and practices, study abroad programs, service learning programs and internships, and to all forms/uses of technology. The University may also address off-campus behavior that occurs other than at University-sponsored or affiliated events if it determines that the behavior, or the continued presence of the accused perpetrator, impairs, obstructs, substantially interferes with or adversely affects the mission, processes or functions of the University. 

DEFINITIONS 

Students 

Students refer to all persons enrolled in any educational or training program at the University and its affiliated schools. 

Bullying 

Bullying refers to any form of physical, verbal, demonstrative, or electronic harassment that one should reasonably expect would demean, threaten, or physically or emotionally hurt its victims or others. It can be of a sexual nature or otherwise. It can take place in person, over the phone, in cyberspace, or through an online communication, or any other means. It can be one-on-one or group-based. 

Examples of conduct that may constitute prohibited bullying include, but are not limited to: 

• • Threatening another with physical harm; 
• • Pushing, elbowing, poking, tripping, sitting on, kicking, or hitting; 
• • Demeaning others’ intellectual ability, academic performance, or grade level; and 
• • Using one’s position of power to coerce or intimidate another person in any way. 

Additional examples of conduct that may constitute prohibited bullying include: (i) taunting others because of their physical traits including, but not limited to, age, voice, height, weight, athletic skill, -or any other personal characteristic; (ii) taunting others about their social skills, e.g., making jokes at the expense of someone socially awkward; (iii) taunting others either verbally or using gestures about their actual or perceived sexual orientation; (iv) taunting others about their actual or perceived race, color, or national origin; (v) using derogatory terms to refer to someone's race or ethnic background; (vi) excluding someone from a group or activity purposely to hurt them, e.g., refusing to let someone sit at a particular lunch table; (vii) damaging, hiding, taking of property; (viii) calling someone offensive or demeaning names; (ix) making jokes involving offensive stereotypes; (x) posting on Facebook, or any other on-line social networking site, mean, offensive, demeaning, embarrassing, or threatening comments or images; (xi) texting, whether individually or as a group, mean, offensive, demeaning, embarrassing, or threatening comments or images; (xii) creating fake web pages or fake profiles or assuming another's identity in any social media context to create content likely to cause embarrassment or concern; (xiii) spreading mean and hurtful rumors verbally or on-line; and (xiv) creating offensive graffiti. 

Hazing 

Hazing refers to any activity expected of someone joining a group (e.g., athletic team, co-curricular activity, or student publication), grade, department of the University (or its constituent schools) itself or expected of someone to maintain any status in a group, grade, department or the University (or its constituent school) that: (i) humiliates, (ii) degrades, or (iii) risks emotional and/or physical harm or embarrassment to the individual or the University community, regardless of the person's willingness to participate and regardless of its intended result or effect. 

Examples of conduct that may constitute prohibited hazing include, but are not limited to, requiring someone to: 

• Drink alcohol or use drugs; 

• Engage in any degrading or humiliating act, or any activity that violates any aspect of the University’s Code of Conduct or other policies; or 

• Endure any physical striking, beating, burning, or branding (or commit such acts upon another); or engage in self-mutilation. 

Additional examples of conduct that may constitute prohibited hazing include requiring someone to: (i) consume any vile or hazardous substance, or allow such a substance to be smeared on the body; (ii) endure acts of sexual abuse/assault; (iii) be subjected to abusive and demeaning speech; (iv) participate in acts of personal servitude; (v) proceed through any type of gauntlet; (vi) suffer sleep deprivation; (vii) restrict personal hygiene; (viii) engage in indecent exposure; (ix) participate in any illegal activity; (x) participate in physically dangerous activities such as exposing oneself to extreme weather conditions without appropriate protective clothing; and (xi) submit to being tied up, abducted, or blindfolded. 

FREE SPEECH & ACADEMIC FREEDOM 

This Policy is intended to protect students from bullying and hazing, not to regulate protected speech. However, freedom of speech and academic freedom are not limitless and do not protect speech or expressive conduct that violates federal, state or local anti-discrimination laws, or this Policy. -3- 

COMPLAINT REPORTING PROCEDURES AND GUIDELINES 

Complaints may be reported by the victim or by anyone else who has knowledge of a violation of this Policy. Anyone who wishes to initiate a complaint regarding a violation of this Policy may do so by contacting the applicable Dean of Students (http://yu.edu/student-life/contact-us/ or (Cardozo campus) http://cardozo.yu.edu/ossa). 

Complaints may also be made to the Undergraduate Office of Student Life (http://yu.edu/osl/); Cardozo Office of Student Services and Advising (http://cardozo.yu.edu/ossa); and Undergraduate Office of University Housing and Residence Life (http://yu.edu/student-life/housing/men/ and http://yu.edu/student-life/housing/women/). 

The University will investigate the complaint and take any necessary action in accordance with applicable University disciplinary policies. 

If a complaint involves conduct subject to the University’s Non-Discrimination and Anti-Harassment Policy & Complaint Procedures, it will be addressed in accordance with such policy. 

February 2020