The Daily Bulletin Archive

Introduction
Buffalo State College, in its continuing effort to seek equity in education and employment and also comply with Federal and State antidiscrimination legislation, has adopted a complaint procedure for the prompt and equitable investigation and resolution of allegations of unlawful discrimination or harassment on the basis of race, color, national origin, religion, age, sex, sexual orientation, disability, or veteran or marital status.

This procedure may be used by any Buffalo State College student or employee. This procedure will not replace employee grievance procedures established through negotiated contracts, academic grievance review committees, student disciplinary grievance boards, and any other procedures defined by contract or local bylaws, including those of 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 Department of Education, and the Office of Federal Contract Compliance of the Department of Labor.

Rather, the Complaint Procedure for the Review of Allegations of Unlawful Discrimination/Harassment provides a mechanism through which the college may identify and resolve incidents and allegations of unlawful discrimination and harassment. The college recognizes and accepts its responsibility in this regard and believes that the establishment of this internal, non-adversary grievance process will benefit students, faculty, staff and administration alike, permitting investigation and resolution of problems.

Requirements for Filing Complaints

• A complaint must be submitted in writing on forms provided by the Office of Equity and Campus Diversity and the State University of New York.
• An employee or student must file a complaint within 90 calendar days following the alleged discriminatory/harassing act or the date on which the complainant first knew or reasonably should have known of such act if the date is later. Students may file a complaint against the teacher of a course in which he/she is enrolled at the time of the discriminating/harassing act, within 90 calendar days following the alleged discriminatory/harassing act or 90 calendar days after a final grade in that course is received, if that date is later.
• Complaints must be filed with the Office of Equity and Campus Diversity.
• Any use of the word "day" or "days" refers to calendar days.

Overview of Process
Buffalo State College has adopted a complaint procedure for the prompt and equitable investigation and resolution of all allegations of unlawful discrimination/harassment on the basis of race, color, national origin, religion, age, sex, sexual orientation, disability, or veteran or marital status. This procedure is intended to resolve matters of unlawful discrimination or harassment on the campus in a nonadversarial manner. It may be used by students, faculty, and staff. The steps in the complaint procedures are outlined below:

First, the affirmative action officer (senior adviser to the president for equity and campus diversity) will discuss the matter with you. With your consent, the officer will consult with the respondent and will attempt to resolve the problem informally. If you wish to file a formal complaint, you must file the complaint within 90 days of the unlawful act or within 90 calendar days after receiving a final grade in a course in which a student is enrolled. After receipt of the formal complaint, the officer will attempt to reach a resolution to the problem on your behalf. If that cannot succeed within 24 calendar days, you will have the option of submitting the matter to a formal Tripartite Panel.

The members of the Tripartite Panel will be chosen from a pre-approved panel of faculty and staff. The complainant and the respondent(s) will each be able to select a person from the list of persons to serve on the panel. The two persons selected, in turn, select the third person, who becomes chairperson of the panel. The Tripartite Panel will conduct a hearing, including the interviewing of persons who may have knowledge about the alleged act of discrimination/harassment. The panel will attempt to reach a decision, and will prepare a report of findings and recommendations. Within 48 calendar days of its formation, the panel will submit its reports to the president of the college (or designee) for acceptance or rejection of the recommendations. You will be notified of the president's decision within 24 calendar days.

Through this complaint procedure, the college intends to assure all parties involved that they will get fair and equal treatment and that, allegations will be resolved to mutual satisfaction.

You should read the complaint procedures carefully and or ask the senior adviser to the president for equity and campus diversity any questions you may have about any matter related to the process at 878-6210 or (fax) 878-6234. You may obtain a copy of the complaint procedures in the Equity and Campus Diversity Office, Cleveland Hall 415.