APPENDIX D
GRIEVANCE PROCEDURE FOR REVIEW OF ALLEGATIONS OF
DISCRIMINATION IN THE STATE OF NEW YORK
Requirements for Filling Grievances
Procedures for Processing Grievances
Off-Campus Resolution of Grievances
Further Provision of Time Limits
Attachment 1 - Supplement to SUNY Fredonia Discrimination Procedures
I. Introduction
The State of New York, in its continuing effort to seek equity in education and employment and in support of federal and state anti-discrimination legislation, has adopted a grievance procedures for the prompt and equitable investigation and resolution of allegations of unlawful discrimination on the basis of race, color, national origin, religion, age, sex disability, sexual orientation, marital status, or prior criminal conviction.
Rather, this SUNY Grievance Procedure for the Review of Allegations of Illegal Discrimination provides an additional mechanism through which the University may identify 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-adversary grievance process will benefit students, faculty, staff, and administration alike, permitting investigation and resolution of problems without resort to the frequently expensive and time-consuming procedures of state and federal enforcement agencies or courts.
II. Requirements for Filing Grievances
A. A grievance must be submitted in writing on forms provided by the State University of New York.B. Employees must file a grievance within 45 calendar days following the alleged discriminatory act or the date on which the grievant first knew or reasonably should have knows of such act if the date is later. Students must file a grievance within 45 calendar days following the alleged discriminatory act or 45 calendar days after a final grade is received, if that date is later.
C. Grievances must be filed with the campus Affirmative Action Officer.
III. Procedures for Processing Grievances
A. The Affirmative Action Officer on each SUNY campus shall receive any complaint of alleged discrimination, shall assist the complainant in defining the charge, and shall 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.B. If the complainant chooses to use the SUNY Grievance Procedure for the Review of Allegations of Illegal Discrimination, the Affirmative Action Officer shall assist the complainant to fill out the appropriate form, signing and dating a copy of the completed form for the complainant.
C. The Affirmative Action Officer shall seek to resolve the complaint informally and shall have the right to all relevant information and to interview witnesses, including the right to bring together complainant and respondent, if desirable. If a resolution satisfactory to both complainant and respondent is reached within 14 calendar days through the efforts of the Affirmative Action Officer, the officer shall close the case, sending a written notice to that effect to the complainant and respondent. The written notice, a copy of which shall be attached to the original complaint form in the officer's file, shall indicate the agreement reached by complainant and respondent, and shall be signed and dated by the complainant, the respondent, and the Affirmative Action Officer.
D. If the Affirmative Action Officer is unable to resolve the complaint to the mutual satisfaction of the grievant and respondent within 14 calendar days, the officer shall so notify the grievant, advising grievant of her/his right to proceed to the next step internally or to file with appropriate enforcement agencies immediately.
E. If a formal complaint with a state or federal agency or a court action is filed by a grievant, any internal investigation or review under way on the same complaint will terminate without conclusion, except that if internal investigation is prolonged to the point that the statute of limitation for filing with outside agencies may be exceeded (180 days for EEOC or OCR complaints; 365 days for Division of Human Rights complaints), a charge may be filed with the appropriate agency without interruption of the internal procedure.
F. If the grievant chooses to proceed through the internal grievance procedure, the grievant shall notify the Affirmative Action Officer in writing within 10 calendar days from the time of notification by the Affirmative Action Officer that the issue cannot be resolved informally.
G. The grievant's statement, together with a statement from the Affirmative Action Officer indicating that informal resolution was not possible, shall be forwarded to the Grievance Chairperson of the campus Affirmative Action Committee within five days. Each campus Affirmative Action Committee shall select a Grievance Chairperson, who shall be someone other than the campus Affirmative Action Officer.
H. Within seven calendar days of receipt, the chairperson shall notify the grievant and the campus President that a review of the matter shall take place by an ad hoc tripartite committee to be jointly selected by the grievant and the President from a preselected panel of campus administrators, faculty, employees, and students recommended to the President by the Affirmative Action Committee to hear discrimination complaints. It shall be the responsibility of the campus Affirmative Action Committee to establish such a panel each year.
I. The ad hoc tripartite committee shall consist of one member of the preselected panel chosen by the President, one member chosen by the grievant, and a third, who shall chair the committee, chosen by the two designees. Selection must be completed and written notification of designees submitted to the chairperson of the Affirmative Action Committee within seven calendar days.
J. The tripartite committee shall review the matter, as appropriate and shall have the right to all relevant information and to interview witnesses, including the right to bring together complainant and respondent, if desirable. Both complainant and respondent shall be permitted rebuttal to the written record compiled by the committee.
K. Within 21 calendar days from the formation of the committee, the chairperson shall submit an opinion to the campus President as to whether or not discrimination has occurred.
L. If a tripartite committee cannot be selected within seven days, either because the grievant cannot select a member of the panel or the two selected panel members cannot agree on a third member, the Affirmative Action Committee (and in the latter case, grievant) shall be so notified within that period.
M. The grievant may, in such cases, request that an outside hearing officer review the charge. Such request must be made in writing by the grievant to the Affirmative Action Committee Grievance Chairperson within five days from notification that a campus tripartite committee cannot be formed.
N. The request for an outside hearing officer shall be made in writing by the grievant to the chairperson of the Affirmative Action Committee. The chairperson shall submit a written statement within five days to the Executive Assistant to the Chancellor for Affirmative Action requesting that an outside hearing officer be appointed. An Affirmative Action Officer from another SUNY campus shall bet assigned as hearing officer.
O. The Executive Assistant to the Chancellor for Affirmative Action shall designate a hearing officer within seven calendar days of receipt of the written request.
P. The hearing officer shall conduct a review and shall submit an opinion to the President within 21 calendar days from the date of appointment. The hearing officer shall have the right to all relevant information and to interview witnesses, including the right to bring together complainant and respondent, if desirable.
Q. The President or designee shall communicate the opinion of the tripartite committee or of the hearing officer verbatim and in writing to the grievant and to the campus Affirmative Action Officer within seven calendar days together with a statement indicating her/his acceptance or rejection of the committee's recommendation. The President will indicate her/his decision either to dismiss the charge for lack of evidence that unlawful discrimination has occurred or to discuss appropriate redress with the grievant if unlawful discrimination has been found.
IV. Off-Campus Resolution of Grievances
If the grievant is dissatisfied with the President's response, either because of a negative finding or disagreement over what constitutes appropriate redress, the grievant may file a formal complaint with the appropriate state or federal agency. The campus Affirmative Action Office will provide information on state and federal guidelines and laws and names and addresses of enforcement agencies.
V. Academic Grievances
If a campus Academic Grievance Committee has been established to review student complaints concerning grades, it shall continue to hear such complaints. If discrimination is alleged to be the basis for the grade, the campus Affirmative Action Officer may at the request of the Academic Grievance Committee sit with the committee in an advisory capacity during the review.
VI. Further Provision of Time Limits
B. If the University or designee thereof at any step fails to review and/or respond within the time limits provided; the grievant may proceed to the next step.
C. If the grievant fails to respond within the time limits provided, the grievance shall be deemed to have been withdrawn.
D. In the event of a question of the timeliness of any grievance, grievance appeal or response, the dating and signing of the document shall be determinative. Any notices or documents sent by mail must be sent as registered mail and date of receipt shall be determinative.
ATTACHMENT 1
SUPPLEMENT TO SUNY DISCRIMINATION PROCEDURES
SUNY COLLEGE AT FREDONIA
1. State University of New York College at Fredonia will, through its Affirmative Action Committee, and in cooperation with the United University Professions, make every effort to expand and keep current the SUNY Discrimination Panel called for under the University's grievance procedure.
2. Copies of grievances filed under this procedure will be made available, as soon as practicable, to the tripartite committee, the college administration, the campus department(s) or office(s) and all individuals named in the grievance.
3. The college will not tolerate any retaliation by any member of the administration, faculty or staff against a grievant for filing under this procedure.
4. When the tripartite committee has been chosen from the panel, the Affirmative Action Officer or designee and a representative of UUP will train the committee in all aspects of the SUNY Internal Discrimination Procedure, including record keeping and the importance of maintaining the strictest confidentiality. These trainers will also make it clear that the burden of proof of discrimination rests with the grievant. The degree of proof shall be the preponderance of the evidence.
5. The members of the tripartite committee shall be informed that, in case of any legal action against them, they are covered under the New York State Public Officer's Law.
6. The tripartite committee shall keep a written record of its proceedings consisting of the following:
a. A list of all those interviewed by the committee.
b. A list of evidential material consulted by the committee.
c. A narrative recommendation to the college President, stating the reasons for the committee's recommendation.
7. Should a tripartite committee member be unable to continue in her/his service, the President of the college or her/his designee together with the grievant's representative shall choose another committee member from the panel according to the existing University procedures.
8. The right of the Affirmative Action Officer and the tripartite committee to all material or documents relevant to the grievance supersedes any claim to confidentiality by any college department or office.
9. The Affirmative Action Officer shall assist the grievant at Step One of this procedure, conducting a thorough investigation of the charge(s) and attempting to bring about an informal resolution.
Should the grievance proceed to the second step, the grievant will choose representation by UUP or the grievance chairperson of the Affirmative Action Committee.