Discrimination Complaint Policy and Procedure

The  State University of New York (SUNY) and 91社区 (BU) are committed to maintaining a learning and workplace environment free from Sexual Harassment and unlawful Discrimination. In its continuing effort to seek equity in education and employment, and in support of Federal and State anti-discrimination legislation, BU has adopted this complaint procedure for the prompt and equitable investigation and resolution of allegations of unlawful discrimination on the basis of age, race, creed, color, ethnicity, national origin including shared ancestry and/or ethnic characteristics, religion, sexual orientation, gender identity or expression, military or veteran status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, criminal conviction, arrest record, citizenship or immigration status, gender, pregnancy, pregnancy outcomes, reproductive healthcare and autonomy, or any other characteristic protected by applicable state or federal law. Harassment on the basis of the above protected categories is one form of unlawful Discrimination.

BU will take steps to prevent Discrimination and Harassment, to prevent their recurrence, and to remedy their discriminatory effects on the victim(s) and others, if appropriate. Sex discrimination includes Sexual Harassment and sexual and interpersonal violence. Depending on whether the alleged conduct meets the definition found at 34 C.F.R. 搂 106.30 and the affiliation of the Respondent, it may be addressed under this Procedure or the applicable Campus's Student Title IX of the Education Amendments of 1972 ("Title IX") Grievance Procedure. Retaliation against a person who files a complaint, serves as a witness, or assists or participates in any manner in this Procedure is strictly prohibited and may result in disciplinary or other appropriate action.

We take bias, hate and discrimination incidents very seriously and appreciate everyone's cooperation in reporting such incidents. If you are a victim of, or a witness to, an incident of hate, bias, or discrimination, you are encouraged to file a Bias Incident Report or a discrimination complaint. 

For more detailed information, contact the Title VI Coordinator at stopbias@binghamton.edu.

Policies

  • Policy Statement on Discrimination and Harassment, including Sexual Harassment

    It is the policy of 91社区 to provide an educational and employment environment free from all forms of intimidation, hostility, offensive behavior and discrimination, including sexual harassment. Such discrimination or harassment may take the form of unwarranted/offensive verbal or physical conduct or verbal or written derogatory or discriminatory statements that may result in decisions affecting status, promotions, raises, favorable work assignments, recommendations, class assignments or grades. Such behavior, or tolerance of such behavior, on the part of an administrator, supervisor, or faculty or staff member violates the policy of the University and may result in disciplinary action including termination. The conduct herein described is contrary to University policy and may be illegal under both state and federal law.

    The United States Equal Employment Opportunity Commission has defined sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
    1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual鈥檚 employment;
    2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
    3. such conduct has the purpose or effect of unreasonably interfering with an individual鈥檚 work performance or creating an intimidating, hostile or offensive working environment.
    The state of New York has defined sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature when:
    1. submission to such conduct or communication is made a term or condition either explicitly or implicitly to obtain employment, public accommodations, or public services, education or housing;
    2. submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting such individual鈥 s employment, public accommodations or public services, education or housing;
    3. such conduct or communication has the purpose or effect of substantially interfering with an individual鈥檚 employment, public accommodations or public services, education or housing or creating an intimidating, hostile or offensive employment, public accommodations, public services, educational or housing environment.

    An employee and or student who believes he or she has been subject to illegal discrimination or harassment should report the conduct to his or her immediate supervisor, and in the event the supervisor is the aggrieving party, to the next higher responsible party. If necessary, the discrimination complaint grievance procedure should be utilized. Complaints should be reported to the Office of the Equity and Access in the Division of Diversity, Equity and Inclusion. The Division of Diversity, Equity and Inclusion can be reached at 607-777-4775 and is located in the Library South Ground Floor, Room 548.

  • Confidentiality

    To the extent practicable, all aspects of the investigation conducted in accordance with these procedures will be confidential. All affected parties shall cooperate fully in the investigation and shall maintain and preserve the confidentiality of the investigation. All parties are required to refrain from engaging in any retaliatory action in relation to the complaint(s) and/or by responses to such complaint(s).

  • Retaliation

    An employee or student who participates in the procedure has the right to do so without fear of or actual retaliation. It will be made clear that retaliation against an employee, a student or a witness who has filed a discrimination complaint will result in appropriate sanctions or other disciplinary action as covered by collective bargaining agreements, and/or applicable University policies.

Complaint Procedure for the Review of Allegations of Unlawful Discrimination

  • Introduction

    This Complaint Procedure for the Review of Allegations of Unlawful Discrimination provides a mechanism through which the University may identify, respond to, prevent and eliminate incidents of illegal discrimination. The University recognizes and accepts its responsibility in this regard and believes that the establishment of this internal, non-adversarial grievance process will benefit student, faculty, staff and administration, permitting investigation and resolution of problems without resorting to the frequently expensive and time-consuming procedures of State and Federal enforcement agencies or courts.

    This process has been developed in accordance with guidelines and recommendations provided by the Chancellor鈥檚 Office of Affirmative Action and is administered by 91社区 University鈥檚 AAO. The AAO directs the Office of Equity and Access (OEA) and reports to the Vice President of Diversity, Equity and Inclusion. The AAO works in collaboration with Human Resources.

    These procedures have been approved by the State University of New York, Office of the University Counsel. These procedures are intended to balance the rights of those bringing complaints of discrimination, harassment, and retaliation (the 鈥淐omplainant鈥) with those against whom such claims are brought (the 鈥淩espondent鈥.) Throughout these procedures the 鈥減arties鈥 shall refer to the Complainant, Respondent, and witnesses involved in the complaint.

    During any portion of the procedures detailed hereafter, the parties shall not employ audio or video taping devices.

  • Applicability of complaint procedure

    This procedure may be used if the Complainant or Respondent is a 91社区 student or a State or Research Foundation employee. Employee grievance procedures established through negotiated contracts, academic grievance review committees, student conduct boards and any other procedures defined by contract will continue to operate as before. Nor does this procedure in any way deprive a Complainant of the right to file with outside enforcement agencies, such as the New York State Division of Human Rights, the Equal Employment Opportunity Commission, the Office for Civil Rights of the United States Department of Education and the Office of Federal Contract Compliance of the United States Department of Labor. Contact information for these agencies is listed in Appendix B. More detailed information may be obtained from the Office of Equity and Access.

    The Complainant is not required to pursue the 91社区 internal procedure before filing a complaint with a State or Federal agency. In addition, if the Complainant chooses to pursue the 91社区 internal procedure, the Complainant is free to file a complaint with the appropriate State or Federal agency at any point during the process. Upon filing with an external agency, however, the 91社区 internal complaint may be referred to the Office of the University Counsel for review, defense or, if deemed appropriate by Counsel, involvement in mediation, conciliation or settlement with the external agency where the complaint was filed, or such other actions as may be in the interests of the University, including the termination of this internal process. 

    During any portion of the procedures detailed hereafter, the parties shall not employ audio or video taping devices.

    To the extent practicable, all aspects of the investigation conducted in accordance with these procedures will be confidential. All affected parties shall cooperate fully in the investigation and shall maintain and preserve the confidentiality of the investigation. All parties are required to refrain from engaging in any retaliatory action concerning the complaint(s) and/or responding to such complaint(s).

  • Role of the Affirmative Action Officer

    The Affirmative Action Officer (AAO) and/or designee is trained in investigating and resolving complaints. The staff is available for assistance in filing the complaint with the University and will remain impartial during an investigation. The AAO does not represent any individual or department, but does advocate on behalf of the University鈥檚 goals of equal opportunity and nondiscrimination.

    The AAO may receive initial inquiries, reports and requests for consultation and counseling. Assistance will be available whether or not a formal complaint is contemplated or even possible. It is the responsibility of the AAO to respond to all such inquiries, reports and requests as promptly as possible and in a manner appropriate to the particular circumstances. An individual may refuse to reduce a complaint to writing. However, notwithstanding that refusal, there may be a continuing obligation on the part of the University to investigate the verbal complaint to the best of its ability and proceed with any action that is warranted. Although in certain instances verbal complaints may be acted upon, the procedures set forth here rest upon the submission of a written complaint that will enable the AAO to conduct a full and fair investigation of the facts.

    The AAO shall solicit information concerning any factors that might prejudice an objective evaluation of the evidence and shall reassign an investigation if a conflict or potential conflict emerges.

  • Jurisdiction of the Office of Equity and Access

    91社区 is responsible for providing a learning and working environment free from discrimination. The University reserves the right to pursue any complaint of discrimination about which it becomes aware. Based on information received by the Office of Equity and Access, the AAO or designee may exercise their own discretion and initiate a complaint on behalf of the University community.

    In addition, the AAO may determine that a specific complaint of unlawful discrimination or harassment is of such a serious or potentially criminal nature that the investigative steps outlined in this process should be accelerated or eliminated. This determination, if made, shall be communicated to the President or his designee and to Human Resource for appropriate action, which may include the initiation of disciplinary and/or other action.

    If, at any time during the course of resolving or investigating a complaint of discrimination, the AAO or designee determines that a complaint is not within the jurisdiction of the office, the complaint and the Complainant shall be referred to the appropriate office and the matter shall be considered concluded for purposes of the Affirmative Action.

  • Supervisory Responsibility 

    Complaints or concerns that are reported to an administrator, manager or supervisor concerning an act of discrimination or harassment shall be immediately referred to the AAO. Complaints may also be made directly to the AAO.

    Retaliation

    An employee or student who participates in the procedure has the right to do so without fear of, or actual, retaliation. Any retaliation against an employee, a student or a witness who has filed a discrimination complaint will result in appropriate sanctions or other disciplinary action as covered by collective bargaining agreements, and/or applicable University policies.

    Confidentiality

    The OEA staff will conduct the investigation confidentially to the extent practicable. They will instruct the parties and all other affected persons that the complaint investigation procedure is best able to achieve a mutually acceptable agreement for the resolution when confidentiality is maintained. Once breached, it will be difficult for the OEA staff to conclude the complaint investigation process successfully to the satisfaction of the Complainant.

  • Who can file a complaint?

    Any student, employee or Third Party may consult with the AAO regarding potential Discrimination or Harassment. This initial contact may occur by telephone, email, video conference or in person.The AAO will respond to all such inquiries, reports, and requests as promptly as possible and in a manner appropriate to the circumstances. The AAO鈥檚 response may include Interim Measures to protect the Parties during the investigation process and information on filing a complaint using this procedure and/or with an outside enforcement agency.

    Complainants may complete an intake form to initiate an investigation. Reports of Discrimination, Harassment, or Retaliation may be made at any time by any person and should be made as promptly as practicable. A Complainant seeking a formal investigation under this Procedure ordinarily should file within one year after the most recent alleged act of Discrimination, Harassment, or Retaliation. 

    In instances involving a complaint by a student against a faculty or staff member arising from a supervisory, evaluative, teaching, advising, thesis or dissertation supervision, coaching, clinical supervision, or similar relationship, a complaint ordinarily may be filed until one year after that relationship ends or three years after the most recent alleged act, whichever is earlier. 

    It is the Complainant鈥檚 responsibility to ensure that any complaint is filed within the applicable one year period. The AAO may accept a complaint filed outside the applicable period for good cause or when the Campus determines that review is otherwise warranted. Relevant considerations may include the nature and severity of the allegations; any ongoing effects or continuing conduct; evidence of a pattern; whether the alleged conduct arose in a supervisory, evaluative, or other relationship involving authority over the Complainant; circumstances affecting the Complainant鈥檚 ability to file earlier; institutional safety or compliance concerns; and the availability of relevant evidence. 

    Delay may limit the Campus鈥檚 ability to investigate the allegations, make findings, impose discipline, or provide particular remedies, but it does not prevent the Campus from reviewing the information and taking other appropriate action. Filing a complaint under this Procedure does not extend any deadline for filing with an outside agency or court. 

    If a Complainant withdraws a complaint, this decision must be communicated in writing to the OEA staff, indicating the reason for withdrawal. The University may nevertheless pursue its review of the allegations.

  • Against whom may complaints be brought?

    A complaint of unlawful discrimination may be brought against any student or employee. If your complaint concerns behavior by a vendor or contractor or some other individual who may not be a member of the University community, but who may have an affiliation or a recognized connection to 91社区, you may bring your concerns to the attention of the Office of Equity and Access staff and they will assist you, wherever practicable.

    If the President is the Respondent, the AAO reserves the right to refer the complaint to the Office of University Counsel. The findings and recommendation shall be submitted to the Chancellor or their designee. If the AAO is the Respondent, the matter shall be referred to the President or their designee.

  • Procedures for resolving complaints

    Complaint Consultation & Review1 

    Any member of the University community may consult with OEA staff regarding potential discrimination or harassment. The length of time for the consultation varies depending on factors such as the complexity of the situation, office workload, or whether the situation involves actual or imminent loss of employment or academic standing, potential physical harm, or an ongoing relationship between the involved individuals. In a telephone conversation or in person appointment, a staff member will:

    • receive complaints of alleged discrimination or harassment;
    • discuss the facts of a situation and help the individual identify the problem(s);
    • inform the complainant about the complaint process and other internal options to resolve the issue;
    • assist the Complainant in the use of the complaint form to define the charge;
    • determine if the AAO is the appropriate University resource to address the concern;
    • inform the individual of the ways in which the AAO approaches problem solving;
    • explore methods of resolving the situation on one鈥檚 own, if that is the individual鈥檚 preference;
    • advise an individual of alternate available University resources and external options for resolution;
    • provide the Complainant with information about the various internal and external mechanisms through which the complaint may be filed, including applicable time limits for filing with each agency.

    Although in limited circumstances, verbal complaints may be acted upon, the procedures set forth here rest upon the submission of a written complaint submitted by paper or electronically that will enable there to be a full and fair investigation of the facts.

    As soon as reasonably practicable after the filing of the complaint, the AAO will provide a Notice of Investigation and Allegations, along with a copy of this procedure, to the Complainant (s) and Respondent(s). 

    Each Party鈥檚 Rights and Responsibilities 

    The University鈥檚 formal review procedures are not designed to replicate an external judicial process. Consequently:

    • Complainants and Respondents are expected to meet with representatives of OEA as needed and as requested;
    • Legal counsel retained by a Complainant or a Respondent may not participate or be present at any meeting convened by AAO unless otherwise required by law;
    • Respondents and Complainants are expected to communicate with the AAO directly, not through legal counsel, other intermediaries or persons accompanying the parties;
    • Complainants and Respondents have the right to receive notice of all actions, recommendations, determinations and findings made by the AAO.

    91社区 will maintain the confidentiality of discrimination reports to the fullest extent possible and requests the same of Parties to the investigation and third-party witnesses. Records of conversations with parties or witnesses will not be released outside of the Campus unless required by law (e.g., outside investigation, FERPA, FOIL), court order, or as needed to pursue available remedies such as student/employee discipline.

    The Respondent is entitled to due process, including knowledge of the specific allegation(s) and an opportunity to respond prior to imposition of sanctions or an adverse employment or education action. No finding or presumption of wrongdoing will be made absent factual evidence that supports the finding.

    Complainants and Respondents will each have notice of the evidence presented during the investigation, as well as an opportunity to explain and respond to the evidence. The investigator will keep the Parties informed of the progress of the investigation and any actions taken that may affect their rights.

    Individuals are protected against retaliation for reporting discrimination or participating in an investigation. If an individual feels that any negative action has been taken as a result of reporting discrimination or participating in a complaint investigation, this allegation will be investigated separately. 

    At the outset of any complaint, the AAO must consult with the human resources and/or employee/labor relations office if the Respondent is an employee. In conducting investigations, the AAO will consider relevant laws, policies and procedures, documentation, and information obtained from the complainant, respondent(s), and third-party witnesses. 

    The standard of proof in complaints made under this Procedure is a preponderance of the evidence (more likely than not) regardless of whether or not the allegations would also constitute a crime. The timeframe for investigating a report of discrimination will depend upon the complexity of the investigation but should not exceed sixty days absent good cause as determined by the AAO. At the conclusion of an investigation, the AAO will reduce their findings to a written report, including findings of fact and a determination as to whether the preponderance of the evidence supports a finding that a violation of law or policy occurred. 

    Intake Interview 

    The OEA staff will ask a Complainant to participate in an initial interview. During this initial contact known as the Intake Interview, the Complainant will be:

    • asked to complete an Intake and Information Sheet. (The Complainant may be asked to have this completed prior to the Intake Interview;)
    • interviewed about the allegations so that the charge may be clearly stated;
    • asked to provide information about witnesses and other possibly aggrieved persons;
    • advised of the office鈥檚 intake procedures to enhance the Complainant(s) understanding and to facilitate realistic expectations as to the role of the office;
    • referred to a proper University department/agency if the complaint does not fall within the jurisdiction of the OEA/AAO;
    • advised of the protection against retaliation;
    • advised of the university policy on confidentiality;
    • advised of the option to file a complaint with one of the external Federal/State investigative agencies at any time.

    Should the OEA staff determine that a complaint of unlawful discrimination merits further review, they will immediately commence an investigation. The complaint shall contain:

    • The name, local and permanent address(es), and telephone number(s) of the Complainant;
    • A statement of facts explaining what happened and what the Complainant believes constituted the unlawful discriminatory acts in sufficient detail to give each Respondent reasonable notice of what is claimed against him/her. The statement should include the date, approximate time and place where the alleged acts of unlawful discrimination or harassment occurred. If the acts occurred on more than one date, the statement should also include the last date on which the acts occurred as well as detailed information about the prior acts. The names of any potential witnesses should be provided, if appropriate;
    • The name(s), address(es) and telephone number(s) of the Respondent(s), i.e., the person(s) claimed to have committed the act(s) of unlawful discrimination;
    • Identification of the status of the persons charged, whether faculty, staff, student or affiliated individual;
    • A statement indicating whether or not the Complainant has filed or reported information concerning the incidents referred to in the complaint with a non--鈥愨慤niversity official or agency, under any other complaint or complaint procedure. If an external complaint has been filed, the statement should indicate the name of the person or department or agency with which the information was filed and its address or to which it was reported;
    • Other supplemental information may be requested.

    If the Complainant brings a complaint beyond the period in which the complaint may be addressed under these procedures, the AAO may terminate any further processing of the complaint, refer the complaint to University Counsel or direct the Complainant to the appropriate alternative forum (see Appendix B for a list of alternative forums).

    Investigative Procedures 

    If a Complainant elects to have the matter dealt with in an informal manner, the AAO will attempt to reasonably resolve the problem to the mutual satisfaction of the parties. The OEA staff will attempt to resolve the complaint at the earliest intervention point. If these efforts are not successful, and the OEA staff has determined that the complaint merits further investigation, the Complainant and Respondent shall be advised in writing of the initiation of an investigation. During this investigation the OEA staff will:

    • Provide an initialed, signed, date--鈥愨憇tamped copy of the complaint to the Complainant;
    • Review all University records that concern the complaint;
    • Interview witnesses;
    • Review statements provided by both the Complainant and the Respondent(s);
    • Review other relevant and material evidence;
    • Will take all reasonable steps necessary to complete the investigation within ninety (90) calendar days after receipt of the complaint. If such is not possible, the AAO may extend this deadline for a reasonable period of time. The Complainant will receive notification from the AAO or designee regarding the basis for extension.

    Failure to Cooperate 

    If the Respondent refuses to cooperate and/or respond in a timely manner, the OEA staff may forgo completion of an investigation and refer the matter to Human Resources, or the office may take any other action it deems necessary and appropriate to address the situation. Failure to cooperate meaningfully in a review of a complaint of discrimination may be grounds for discipline.

    Inaction by Complainant 

    If a complainant declines to cooperate with the OEA during an investigation or the office determines that the Complainant no longer wishes to pursue his/her complaint, the OEA may consider the matter closed and take no further action, with appropriate notification.

    Evaluating the Evidence and Resolution 

    In reaching its findings, the OEA staff shall evaluate the conduct alleged to have been discriminatory by considering the totality of the circumstances, including the nature, frequency, intensity, context and duration of the conduct. Although repeated incidents would create a strong claim of discrimination, a serious isolated incident can present sufficient grounds for corrective action.

    The OEA staff shall make every reasonable effort to resolve the matter. Resolution may take any form that is acceptable to the parties and to the University. It may, for example, take the form of:

    • Separate meetings with the Complainant and Respondent;
    • Joint meetings between the Complainant and Respondent with the AAO serving as a facilitator;
    • A meeting with the supervisor of the Complainant and/or Respondent;
    • A written agreement or memorandum of understanding signed by one or both of the parties;
    • Mandated trainings in the areas of discrimination for the Respondent or the departmental unit;
    • A verbal warning to Respondent;
    • A written warning to Respondent;
    • No further action at the request of Complainant.

    This list is not exhaustive and another form of resolution may be appropriate although it is not listed here.

    Informal Resolution

    No party will be required to participate in informal resolution, and 91社区 may never condition enrollment, employment, or enjoyment of any other right or privilege upon agreeing to informal resolution.

    The AAO may attempt to resolve the underlying issue with the agreement of Complainant and Respondent. The time limitations for investigating a complaint shall be tolled (paused) during the pendency of the informal resolution process. Any party or the AAO may elect to end the informal resolution process and proceed to the formal resolution procedure at any time after the Charge of Discrimination form is filed. If the Respondent is an employee, the campus human resources or employee/labor relations office must be involved prior to the AAO making any attempts to informally resolve the complaint.

    If a resolution satisfactory to both the complainant and the respondent is reached, the AAO shall close the case, sending a written notice to that effect to the complainant and respondent(s). The written notice, a copy of which shall be attached to the original complaint form in the AAO鈥檚 file, shall contain the terms of any agreement reached by complainant and respondent, and shall be signed and dated by the complainant, the respondent(s) and the AAO. 

    If the AAO is unable to resolve the complaint to the mutual satisfaction of the Complainant and Respondent(s), the AAO shall notify the parties and initiate the investigation process. 

    Determination 

    The AAO or designee issues a written statement to the Complainant and Respondent, indicating the finding at the conclusion of the investigation. If a resolution satisfactory to both the Complainant and the Respondent is reached through the efforts of the AAO, the AAO shall close the case, sending a written notice to that effect to the Complainant and Respondent.

    The actions proposed in this finding may consist of:

    1. The matter is resolved between the Parties and no other issues require campus involvement.
    2. The complainant elects to withdraw the complaint or requests that there be no further investigation and there are no other factors which require continuation of the investigation.
    3. A determination that the complaint was not substantiated.
      1. If the AAO determines that there is insufficient credible evidence to support the allegation(s) of discrimination, the complaint shall be dismissed, the matter shall be concluded and the University shall take no further action.
    4. A determination that the complaint was substantiated.
      1. For Employees (including student employees) not in a Collective Bargaining Unit 鈥揑n consultation with Human Resource and the Office of University Counsel, the President may take such administrative action as he deems appropriate under his authority as the chief administrative officer of the University, including but not limited to termination, demotion, reassignment, suspension, reprimand, or training.
      2. For Students 鈥 the AAO may determine that sufficient information exists to refer the matter to the student judiciary or other appropriate disciplinary panel for review and appropriate action under the appropriate student conduct code.
      3. For Employees in Collective Bargaining Units 鈥 the AAO may determine that sufficient information exists to refer the matter to Human Resource for investigation and disciplinary action or other action as may be appropriate under the applicable collective bargaining agreement. Corrective action may include, but is not limited to: reprimand, mandatory counseling, written counseling, probation, suspension, termination of employment, non-renewal of contract or involuntary withdrawal from a program of study.

    If the President is the Respondent, the Chancellor or his designee shall issue a written statement indicating what action the Chancellor proposes to take. The Chancellor鈥檚 decision shall be final for purposes of this discrimination procedure.

    The OEA may:

    • place a confidential written report in its file, subject to applicable law and policy, and disclosure, if required by law;
    • prepare and distribute a written report to the Complainant, Respondent and any other person who may have need to know how the complaint was resolved;
    • refer the matter to another department or administrator in the University for further review.

    If the OEA staff is unable to resolve the complaint to the mutual satisfaction of the Complainant and Respondent, the AAO shall so notify the Complainant. The AAO shall again advise the Complainant of his or her right to separately file with appropriate external enforcement agencies. There is no right of appeal when the AAO determines that there is insufficient reasonable, credible evidence to support the allegation(s) of discrimination.

    Notice of Outcome

    Following final determination and/or action, the president (or designee) shall issue a letter to the Complainant and to the Respondent(s) advising them that the matter, for purposes of this discrimination procedure, is closed. In cases of sex discrimination, the notice of outcome will include the sanctions, as appropriate. 

  • Appendix A: Definitions and prohibited acts and behaviors

    Sexual Harassment in the Employment or Educational Setting is defined as: 

    Unwelcome sexual advances, requests for sexual favors, or verbal/nonverbal or physical conduct of a sexual nature when:

    • Submission to such conduct is made either an explicit or implicit term, condition, status of an individual鈥檚 employment, or admission to, or continued participation in, an academic program;
    • Submission to or rejection of such conduct is used as a basis for decisions affecting an individual鈥檚 employment status, conditions of terms of employment, or academic standing;
    • Such conduct has the purpose or effect of substantially interfering with an individual鈥檚 performance on the job or in the classroom or creates an intimidating, hostile, or offensive work or study environment.

    Sexual Harassment in the Educational Setting is defined as: 

    Unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment of a student denies or limits, on the basis of gender, the student鈥檚 ability to participate in or to receive benefits, services, or opportunities in the educational institution鈥檚 program.

    Harassment on the Basis of Other Protected Characteristic(s) 

    Harassment based on race, color, age, religion, or national origin (including an individual鈥檚 ancestry, country of origin, or country of origin of the student鈥檚 parents, family members, or ancestors), disability, sexual orientation or other protected characteristics may be oral, written, graphic or physical conduct relating to an individual鈥檚 race, color, or national origin that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the educational institution鈥檚 programs or activities, or terms, conditions or status of employment.

    Retaliation 

    An employee or student who participates in the procedure has the right to do so without fear of retaliation. It will be made clear that retaliation against an employee, a student or a witness who has filed a discrimination complaint will result in appropriate sanctions or other disciplinary action as covered by collective bargaining agreements, and/or applicable University policies.

  • Appendix B: External enforcement agencies

    New York State Division of Human Rights 

    State Headquarters 

    New York State Division of Human Rights
    One Fordham Plaza
    4th Floor
    Bronx, New York 10458
    Tel: (718) 741-8400
    Fax: (718) 741-3214

    91社区 

    New York State Division of Human Rights 
    44 Hawley Street, Room 603
    91社区, New York 13901
    Info91社区@dhr.ny.gov
    Tel: (607) 721-8467
    Fax: (518) 473-2955 

    Office of Sexual Harassment 

    New York State Division of Human Rights
    Office of Sexual Harassment
    55 Hanson Place, Room 900
    Brooklyn, New York 11217
    InfoOSHIQns@dhr.ny.gov
    Tel: (718) 722-2060 or 1-800-427-2773
    Fax: (718) 722-2039

    Office of AIDS Discrimination 

    New York State Division of Human Rights 
    20 Exchange Place, 2nd Floor 
    New York, New York 10005
    Tel: (212) 480-2522
    Fax: (212) 480-0143

    United States Department of Labor 

    Office for Federal Contract Compliance Programs

    201 Varick St. 
    Room 705 
    New York, New York 10014
    Tel: (212) 337-2006
    Fax: (212) 620 7705

    Buffalo District Office

    6 Fountain Plaza
    Suite 300
    Buffalo, NY 14202-2199
    Tel: (716) 551 5065
    Fax: (716) 551- 4035

    New York District Office

    26 Federal Plaza
    Room 36-116
    New York, New York 10278
    Tel: (212) 264-7742
    Fax: (212) 264-8166

    New York State Department of Labor 

    New York State Department of Labor

    State Campus
    Building 12, Room 500 
    Albany, NY 12240
    Tel: (518) 457-2746
    Fax: (518) 457-6908

    United States Equal Employment Opportunity Commission 

    EEOC National Headquarters

    1801 L. Street, N. W.
    Washington, D. C. 20507
    Tel: (202) 663-4900
    Fax: (202) 663-4912

    EEOC Field Office

    6 Fountain Plaza
    Suite 350 
    Buffalo, New York 14202
    Tel: (716) 551-4441
    Fax: (716) 551-4387

    Office for Civil Rights 

    OCR National Headquarters 

    U. S. Department of Education
    Office of Civil Rights
    Customer Service Team
    Mary E. Switzer Building
    330 C. Street, S. W.
    Washington, D. C. 20202
    Tel: (800) 421-3481
    Fax: (202) 205-9862

    Office for Civil Rights 

    New York Office
    U. S. Department of Education
    32 Old Slip, 26th Floor
    New York, NY 10005-2500
    Email: OCR.NewYork@ed.gov 
    Tele: (646) 428-3800
    Fax: (646) 428-3843 

The Discrimination Complaint Intake form can be used by students, employees, and third parties to file a complaint of discrimination based on race, color, national origin, religion, creed, age, disability, sex, gender identity, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction.

Submit a Discrimination Complaint Intake Form

DOWNLOAD PRINTABLE DISCRIMINATION COMPLAINT PROCEDURES