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Personnel

Board of Trustees Policy

SUBJECT:

Procedure for Resolving Complaints of

Discrimination, Harassment, and Retaliation

Numbe

3.15

DATE:

November 19, 2018

SUPERSEDES:

Procedure for Resolving Complaints of

Discrimination, Harassment, and Retaliation

(Resolution #16-96)

This procedure document directly relates to the Procedure for Resolving

Complaints of Discrimination, Harassment, and Retaliation of the SUNY

Schenectady Board of Trustees, as hereto attached.

Discrimination and Harassment Policy and Complaint Resolution Procedure

for Students and Employees

Policy On Non-Discrimination and Harassment

In compliance with applicable federal, state and local laws, SUNY Schenectady County Community

College (the “College”) does not discriminate on the basis of race, color, gender, gender characteristics

and expression, sexual orientation, age, religion, actual or perceived national origin, actual or perceived

gender identity, marital status, military or veteran status, physical or mental disability, status as a victim

of a sexual assault, relationship violence, and/or stalking, genetic predisposition and carrier status,

previous convictions as specified by law, or any other characteristics protected by applicable law (the

“Protected Characteristics”), in any aspect of its admissions or financial aid programs, educational

programs and related activities, or with respect to employment and advancement in employment. The

College is committed to providing a work and learning environment that is free from discrimination

and harassment by anyone based on an individual’s Protected Characteristics, or because the individual

has engaged in activity protected by federal or state laws prohibiting discrimination.

Matters covered under these procedures in the employment relationship include, but are not limited

to, recruitment, hiring, job assignment, compensation, promotion, discipline, termination, and access

to benefits and training. Matters covered in the academic setting include, but are not limited to,

admission, housing, allocation of financial aid, use of college facilities, and the assignment of grades.

The Title IX Coordinator has been designated by the College to coordinate

its efforts to comply

with applicable nondiscrimination laws and regulations. Questions or concerns regarding the scope

and application of the College’s Discrimination and Harassment Policy and Complaint

Resolution Procedure for Students and Employees (the “Policy”) should be directed to the Interim

Title IX Coordinator Ms. Susan DiDonato, 518-381-1305.

In the absence of, or as an alternative to, the Title IX Coordinator, questions or concerns about this

Policy may also be addressed to:

Employees

Edmund J. McTernan

Executive Director of Human Resources

Elston Hall, Room 125

(518) 381-1331

mcternej@sunysccc.edu

Students

Sabrina McGinty

Assistant Vice President of Student Affairs

Elston Hall, Room 317

(518) 381-1378

mcgintse@sunysccc.edu

Susannah Adams, Coordinator of ADA Transition Services, is the individual designated by the College

to coordinate its efforts to comply with reasonable accommodation obligations towards qualified

individuals with disabilities. Questions or concerns regarding reasonable accommodation of

individuals with disabilities should be directed to Ms. Adams at Elston Hall, Room 222, (518) 381-

1345, adamssj@sunysccc.edu.

What Is Prohibited Harassment?

Prohibited harassment is a form of discrimination. In general, it can consist of spoken, written, and/or

electronically transmitted words, signs, jokes, pranks, intimidation, or physical violence based on the

protected characteristics of an employee or student, which alters the work or educational environment

of that employee or student. The most well-known type of prohibited harassment is sexual

harassment. Employee complaints of sexual harassment will be addressed pursuant to the College’s

Policy on Sexual Harassment of Employees, No. 2.14, (October 15, 2018) available at

http://sunysccc.edu/Portals/1/PDF/About%20SCCC/Policies%20and%20Procedures/Human%2

0Resources/2.14-SexualHarassmentOfEmployees.pdf?ver=2018-10-17-110732-720. Applicable laws

and/or this policy also prohibit harassment based on any of the Protected Characteristics. Student

complaints of sexual harassment and all (employee and student) complaints of harassment based on

any other Protected Characteristic will be addressed pursuant to this Policy.

In addition, retaliation resulting from an individual’s protected activity (i.e., opposition to prohibited

discrimination or participation in a statutory complaint process) is also prohibited. This prohibition

applies to anyone on the College campuses. Harassment of students who are working or studying

outside the campus proper is prohibited as well. The College is committed to preventing and

correcting all such harassment, not just harassment which is severe or pervasive enough to provide

the basis for a claim under federal or state law.

Sexual Harassment

The College is committed to maintaining a campus free from sexual harassment. Sexual harassment is

unlawful and may subject the College to liability. Any possible sexual harassment will be investigated

whenever the College receives a complaint or otherwise knows of possible sexual harassment

occurring. Those who engage in sexual harassment will be subject to disciplinary action. Supervisors

who fail to report sexual harassment will also be subject to disciplinary action.

Under federal and state law, sexual harassment includes unwelcome sexual advances, requests for

sexual favors, or other verbal or physical conduct of a sexual nature, when:

• Such conduct is made either explicitly or implicitly a term or condition of employment or

enrollment,

• Submission to or rejection of such conduct is used as the basis for employment or academic

decisions; or

• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work

or academic performance or creating an intimidating, hostile or offensive work or educational

environment, even if the complaining individual is not the intended target of the sexual

harassment.

However, this Policy prohibits all forms of sexual harassment, regardless of whether the harassment

may give rise to a legal claim. A single incident of inappropriate sexual behavior may be enough to rise

to the level of sexual harassment, depending on the severity of such incident.

Prohibited sexual harassment includes, but is not limited to the following:

• Physical assaults of a sexual nature,

such as:

o Rape, sexual battery, molestation, or attempts to commit these assaults; and

o Intentional or unintentional physical conduct which is sexual in nature, such as

touching, pinching, patting, grabbing, brushing against another employee’s body, or

poking another employees’ body.

• Unwanted sexual advances, propositions or other sexual comments, such as:

o Requests for sexual favors;

o Subtle or obvious pressure for unwelcome sexual activities;

o Sexually oriented gestures, noises, remarks, jokes or comments about a person’s

sexuality or sexual experience;

o Spoken, written, and/or electronically transmitted verbal remarks of a sexual nature

(whether directed to an individual or a group);

o Sexually explicit, offensive, or sex-based jokes and comments; and

o Sexual or gender-based comments about an individual or an individual’s appearance.

• Sexual or discriminatory displays or publications anywhere in the workplace, such as:

o Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading

materials, or other materials that are sexually demeaning, pornographic.

A type of sexual harassment known as “quid pro quo” harassment occurs when a person in authority

tries to trade job or academic benefits for sexual favors. This can include hiring, promotion, grading,

scheduling, continued enrollment or employment, or any other terms conditions or privileges of

enrollment or employment. To avoid the potential for quid pro quo sexual harassment, it is the policy

of the College that no sexual relationship should exist between supervisor (or evaluator) and

subordinate, including between student workers and their supervisors, or between faculty and

students, except as expressly permitted by the College’s Policy on Consensual Relationship, No. 2.28,

(August 20, 2018) available at

http://sunysccc.edu/Portals/1/PDF/

About%20SCCC/Policies%20and%20Procedures/Human%20Resources/2.28-

ConsensualRelationshipPolicy.pdf?ver=2018-08-23-160401-937 . If a prohibited sexual relationship

develops, the supervisory authority and/or responsibility for grading, evaluation, etc. should be

promptly transferred to another individual.

Sexual harassment is neither limited by the gender of either party, nor limited to supervisor-

subordinate or teacher-student relationships. Sexual harassment can occur between male and female

Any complaint of sexual assault, including rape or fondling, will be addressed pursuant to the

College’s Sexual Assault, Relationship Violence, and Stalking Policies for Students and Employees,

No. 3.16, (November 19, 2018) available at http://sunysccc.edu/Portals/1/PDF/About SCCC/Policies and

Procedures/Student/3.16-SexualAssault-RelationshipViolence-Stalking.pdf.

students and employees, or between persons of the same sex. Sexual harassment that occurs because

the victim is transgender is also unlawful.

Other Types of Harassment

Prohibited harassment on the basis of a Protected Characteristic, or any other protected basis, includes

behavior similar to sexual harassment, such as: (1) verbal, written, and/or electronically transmitted

conduct, including threats, epithets, derogatory comments, or slurs; (2) visual conduct, including

derogatory posters, photographs, cartoons, drawings, or gestures; and (3) physical conduct, including

assault, unwanted touching, or blocking normal movement. The College will not tolerate any such

harassment.

Prohibition of Retaliation

It is a violation of federal and state law and this policy for any employee or student to retaliate against

any student or employee for engaging in any protected activity under the Violence Against Women

Act, the Clery Act, Title VI, Title VII, Title IX, the New York State Human Rights Law, the ADA,

the Rehabilitation Act, the ADEA, and other federal and state civil rights laws.

Unlawful retaliation can be any action, more than trivial, that would have the effect of dissuading a

reasonable employee or student from making or supporting a charge of harassment or any other

practices forbidden by the Law. Actionable retaliation can occur after the individual is no longer

employed by, or enrolled at, the College. This can include, for example, giving an unwarranted negative

reference for a former employee or former student.

This includes retaliating against a student or employee who opposes a discriminatory practice, makes

a good faith complaint about harassment and/or discrimination, or furnishes information or

participates in any manner in an investigation of such a complaint.

Retaliation includes any conduct directed at someone because he or she engaged in such protected

activity, which might deter a reasonable student or employee from making or supporting a charge of

harassment or discrimination. Protected activity can include any of the following:

• filing a complaint of discrimination or harassment, either internally with the College, or with

any anti-discrimination agency,

• testifying or assisting in a proceeding or investigation involving discrimination or harassment,

• opposing discrimination or harassment by making a verbal or informal complaint to

management, or by simply informing a supervisor or manager of discrimination or harassment,

• complaining that another student or employee has been discriminated against or harassed,

• encouraging another student or employee to report discrimination or harassment, and

• requesting an accommodation for a disability or a religious practice.

Retaliation is unlawful and will not be tolerated. Any individual found to have engaged in retaliation

will be subject to disciplinary action, up to and including, termination of employment and/or dismissal

from the College.

Any employee or student who becomes aware of retaliation against a student or employee should

contact the Chief Diversity Office/Title IX Coordinator, the Executive Director of Human Resources

or the Assistant Vice President of Student Affairs.

Confidentiality

The College will, to the extent possible, maintain confidentiality with respect to complaints of

discrimination and prohibited harassment. However, there is no such thing as an “unofficial” or

“informal” complaint of discrimination or harassment. Once the College or its supervisors become

aware of a complaint, the College is required by law to take action consistent with this policy.

These

actions may require disclosure of the allegations to the extent necessary to conduct a complete and

thorough investigation.

Complaint, Investigation, and Disciplinary Procedure for Employees and Students

• Reporting Prohibited Discrimination and Harassment

Any employee or student who believes he or she is the victim of prohibited discrimination or

harassment should file a complaint with the Chief Diversity Officer/Title IX Coordinator. If s/he is

not available, or if an employee or student does not feel comfortable reporting discrimination or

prohibited harassment to the Chief Diversity Officer/Title IX Coordinator, he or she may also report

it to any the Executive Director of Human Resources or the Assistant Vice President of Student

Affairs.

When an employee or student makes a report with the Chief Diversity Officer/Title IX Coordinator,

or designee, he or she will be given a written complaint form to complete. A sample copy of this form

is provided below. The Chief Diversity Officer/Title IX Coordinator or designee will also provide the

complainant and the respondent with copies of this Policy for review.

However, even if an employee or student chooses not to file a complaint with the College, if the

College knows, or reasonably should know, about a suspected incident of discrimination or

harassment, the College will promptly investigate to determine what occurred and then take

appropriate steps to resolve the situation.

All employees of the College are responsible for keeping the College’s working and learning

environment free from discrimination or prohibited harassment. For that reason, if an employee

observes or otherwise learns of conduct which may constitute discrimination or prohibited

harassment, the employee must report the conduct to the Chief Diversity Officer/Title IX

Coordinator, even if the employee is not the victim of that conduct.

In addition to filing a complaint with the College, an employee or student who believes he or she is

the victim of discrimination or harassment may file a complaint with the following federal, state or

local agencies:

College employees who learn of alleged discrimination or prohibited harassment as a result of

privileged communications with a student (e.g., through a counseling relationship) are exempted from

this requirement.

o United States Department of Education’s Office for Civil Rights (“OCR”):

New York Office

Office for Civil Rights

U.S. Department of Education

32 Old Slip, 25th Floor

New York, NY 10005

Telephone: 646-428-3900

Fax: 646-428-3843

E-mail: ocr@ed.gov.

Online: https://www2.ed.gov/about/offices/list/ocr/complaintintro.html

o United States Equal Employment Opportunity Commission (“EEOC”):

John E. Thompson Jr., Director

Buffalo Local Office

Olympic Towers

300 Pearl Street, Suite 450

Buffalo, NY 14202

Phone: 1-800-669-4000

Fax:

716-551-4387

Online: https://www.eeoc.gov/employees/howtofile.cfm

o New York State Division of Human Rights (“DHR”):

Victor DeAmelia, Regional Director

NYS Division of Human Rights

Agency Building 1, 2nd Floor, Empire State Plaza

Albany, New York 12220

Telephone: (518) 474-2705

Fax: (518) 473-2955

Email: InfoAlbany@dhr.ny.gov

Online: https://dhr.ny.gov/complaint

o Schenectady County Human Rights Commission

Executive Director

797 Broadway, Room 305

Schenectady, NY 12305

Telephone: (518) 377-2982

Fax: (518) 377-5374

Online: https://www.schenectadycounty.com/humanrights

• Investigation of Complaints

When the College becomes aware that discrimination or prohibited harassment may exist, it is

obligated by law to take prompt and appropriate action. Failure to do so is considered a violation of

this Policy.

Once a complaint of discrimination or prohibited harassment has been made either in writing or orally,

or observed discrimination or harassment has been reported, the Title IX

Coordinator will make

an initial assessment regarding the validity of the complaint. Unless the

complaint is determined

to be invalid (e.g. erroneous information, failure to state a claim, mistaken identity, etc.), the Title

IX Coordinator, or designee (who must be trained in discrimination and harassment, and this

Policy), will promptly conduct a complete, thorough, and impartial investigation.

If the Title IX Coordinator or his or her adequately trained designee is

involved in the alleged

discrimination or harassment, the President will be responsible for choosing an adequately trained

designee to conduct the investigation. If it would be inappropriate for the Title IX Coordinator or

President to choose an adequately trained designee to conduct the investigation, then the Chair of

the Board of Trustees will make this designation.

While the investigation is being conducted, interim measures will be available to end or limit contact

between the complainant and the respondent. Interim measures may include:

• support services (victim advocacy, housing assistance, academic support, counseling, health

and mental health services, legal assistance);

• changing work assignments and situations (for employees);

• changing course schedules, assignments, or test schedules (for students);

• providing increased monitoring, supervision, or security; and

• providing an escort.

No complainant is required to take advantage of these interim measures, but the College provides

them in an effort to offer help and support. Such interim measures can be requested by a complainant

or respondent, by contacting the Title IX Coordinator. The College will protect the

confidentiality of accommodations or protective measures provided to a complainant or

respondent, to the extent that doing so will not impair the College’s ability to provide the

accommodations or protective measures.

The standard of evidence used to evaluate a report of prohibited harassment or discrimination is a

“preponderance of the evidence.” Under this standard, a determination must be made on the basis of

whether it is more likely than not that the respondent student or employee violated this Policy.

In investigating the complaint, the Title IX Coordinator, or designee, shall:

Meet with the appropriate individuals and review all appropriate records that bear on the case.

Discuss the allegations in the complaint with the complainant and respondent at separate

meetings, and provide the complainant and respondent with equal opportunities to identify

witnesses and present evidence supporting their respective positions at these meetings.

Provide the complainant and the respondent with the same opportunities for a non-attorney

support person or non-attorney advisor of their choice throughout the process, including any

meeting, conference, hearing or other procedural action.

Attempt, where appropriate, to resolve the complaint by exploring and suggesting possible

alternative solutions to the problem with all involved parties, provided, however, that the

complainant will not be required to participate in mediation with the respondent.

(If the preceding step does not resolve the problem), make and transmit a preponderance of

the evidence determination in the matter of the allegation of discrimination/harassment to the

complainant, respondent and, if the respondent is an employee, the employee’s supervisor (or

the President if the respondent is a senior officer), or, if the respondent is a student, the Vice

President of Academic and Student Affairs.

The time necessary to complete an investigation will vary depending upon the facts of a particular

case. In most cases, investigations will be completed no later than sixty (60) calendar days of receipt

of a complaint.

• Following the Investigation

Once the investigation is complete, the parties will be informed, in writing, of the outcome, including

the finding, the sanctions (if any) and the rationale therefor. Delivery of this outcome will not be

delayed to either party, and should occur as nearly simultaneously as possible, without unnecessarily

bringing those in conflict into close proximity to each other.

All parties will be informed of their potential rights to exercise a request for appeal, where applicable,

under the Student Code of Conduct, Employee Handbook or contract, and/or applicable collective

bargaining agreement with the College. Should any change in outcome occur prior to finalization, all

parties will be timely informed in writing, and will be notified when the results of the resolution

process become final.

If the investigation reveals that discrimination and/or prohibited harassment did occur, the College

will take all appropriate remedial measures necessary to end such conduct, prevent any such future

conduct, and correct any personnel or academic decisions made which are related to the prohibited

conduct. Remedies may include, but are not limited to, continuing or commencing any of the above-

listed “interim measures.” These remedies are separate from, and in addition to, any interim measures

that may have been provided prior to the conclusion of the investigation. Such measures can be

requested by a complainant, by contacting the Executive Director of Human Resources (for

employees) or the Assistant Vice President of Student Affairs (for students).

• Discipline

The College takes complaints of discrimination and prohibited harassment with the greatest

seriousness. For that reason, if, following the investigation, the Title IX

Coordinator or other

trained investigator concludes that it is more likely than not that the respondent

student or employee

violated this Policy, the College will pursue strong disciplinary action through its

own channels.

Internal disciplinary proceedings for cases of harassment and discrimination are fair and impartial,

include timely notice of meetings and timely and equal access to information and evidence that will be

used, and are conducted by unbiased decision makers who have no conflict of interest. The

proceedings are completed within a reasonably prompt, designated timeframe. Further information

regarding internal disciplinary proceedings for students can be found in the Student Code of Conduct.

Further information regarding internal disciplinary proceedings for employees can be found in the

Employee Handbook or contract and/or in any applicable collective bargaining agreement with the

College.

Following any internal disciplinary proceeding for cases of harassment and discrimination, the

complainant and respondent will be provided with simultaneous written notice of the result of the

proceeding, including any sanctions imposed that relate directly to the complainant, and the rationale

for the result and complainant -related sanctions.

Discipline for incidents of discrimination and harassment may take a variety of forms, depending upon

the circumstances of a particular case. Among the disciplinary sanctions which may be imposed on

students are the following: verbal warning, written reprimand, probation, restrictions, suspension and

expulsion. Among the disciplinary sanctions which may be imposed on employees are: verbal warning,

written reprimand, suspension without pay, and termination. The full range of student disciplinary

penalties is set forth in the Student Code of Conduct. Employee disciplinary penalties are set forth in

the Employee Handbook or contract and/or in any applicable collective bargaining agreement with

the College.

All parties will be simultaneously informed of their potential rights to exercise a request for an appeal

of the disciplinary determination, where applicable, under the Student Code of Conduct, Employee

Handbook or contract, and/or collective bargaining agreement with the College. Should any change

in outcome occur prior to finalization, all parties will be timely informed in writing, and will be notified

when the results of the resolution process become final.

Engaging in discrimination, prohibited harassment, or retaliation may also lead to civil and/or criminal

action under state or federal law. Any employee who, in violation of this Policy, engages in

discrimination, prohibited harassment or retaliation, is acting outside the scope of his or her

employment and may be personally liable for such actions and their consequences. In the event legal

proceedings are commenced against such an employee, the College may decline to provide legal,

financial or other assistance.

SUNY SCHENECTADY COUNTY COMMUNITY COLLEGE

DISCRIMINATION/HARASSMENT COMPLAINT

Name of Complainant: Date Filed:

(please print)

Home Address:

(Street)

(City) (State)

(Zip Code)

Home Telephone:

(Area

Code)

Signature:

Address:

(City) (State)

(Zip Code)

Email:

Telephone:

(Area

Code)

Position Held:

Basis for filing complaint of discrimination: Circle appropriate classification(s)

RACE ACTUAL OR PERCEIVED NATIONAL ORIGIN

COLOR MILITARY OR VETERAN STATUS

SEXUAL ORIENTATION GENDER CHARACTERISTICS AND EXPRESSION

MARITAL STATUS RELATIONSHIP VIOLENCE VICTIM

RETALIATION

PREVIOUS CONVICTION OR ARREST

DISABILITY

GENETIC PREDISPOSITION OR CARRIER

AGE VICTIM OF SEXUAL ASSAULT OR STALKING

RELIGION

ACTUAL OR PERCEIVED GENDER IDENTITY

GENDER

Date(s)/Time(s) alleged discrimination/harassing act occurred:

Place

of alleged discriminatory/harassing act:

Person(s) who committed alleged act(s) of discrimination/harassment:

Witnesses to the alleged discrimination/harassing act:

Description of Events Leading to Filing a Complaint:

Person assisting complainant (Optional):

Name: Title:

Organization:

Address:

(Street) (City) (State)

(Zip Code)

Telephone: -

- (Area Code)

Relief Sought by Complainant:

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