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Category:
HR / Labor Relations
Legal and Compliance


Responsible Office:

Other Requirement Title:
Discrimination Complaint

Document Number:
6500

Effective Date:
March 14, 2003


This procedure item applies to:
State-Operated Campuses

Table of Contents
Summary

Requirement
Related Procedures
Forms
Definitions
Other Related Information
Appendicies

Summary

The State University of New York is required by federal law to have an internal grievance procedure for review of allegations of discrimination. State-operated campuses of the University must adopt the University-wide internal complaint procedure for use by any University student or employee unless they have applied for an exception based on a campus-specific discrimination complaint procedure approved by the office of University counsel.


Requirement

University-wide Discrimination Complaint

The State University of New York (University) is committed to the establishment and implementation of procedures that will aid in the elimination of discrimination in the workplace and in the educational environment. Accordingly, a University-wide internal discrimination complaint procedure has been developed, consistent with current law and court decisions. The procedure is to be used by all state-operated campuses of the University for review of allegations of discrimination unless an alternate, campus-based procedure has been reviewed and approved by the office of the University counsel.

The complaint procedure should be widely disseminated on the campuses in order to meet our obligations under federal law and to provide students and employees with information about the available procedures.


Definitions

Harassment on the Basis of Protected Characteristic(s) other than Sex/Gender – Harassment based on race, color, age, religion, national origin, disability, sexual orientation or other protected characteristics is oral, written, graphic or physical conduct relating to an individual's protected characteristics 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’s programs or activities.

Sexual Harassment in the Educational Setting – 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 sex, the student’s ability to participate in or to receive benefits, services, or opportunities in the educational institution’s program.

Sexual Harassment in the Employment Setting – Unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature when any of the following occurs:


Related Procedures

Discrimination Complaint Procedure


Forms

Form A - State University of New York Charge of Discrimination

Form B - Memorandum: Status - Resolved


Other Related Information

CFR Title 45, Part 86 (Nondiscrimination on the basis of sex in education programs)

20 U.S.C. §1681 (Nondiscrimination in education programs)

Memorandum to presidents from the office of the chancellor dated March 14, 2003.

Memorandum to presidents from the office of the chancellor dated January 25, 1977.



Sexual Orientation Nondiscrimination - Sexual Orientation Nondiscrimination


Appendicies

There are no appendicies relevant to this requirement.