Discrimination Complaint Procedure

Kristen Helling, Title IX Coordinator, Title VI Coordinator, Affirmative Action, and ADA Compliance Officer.
SUNY Fredonia
137 Gregory Hall
Fredonia, NY 14063
Ph: 716-673-3358
kristen.helling@fredonia.edu

Yes, all reports of harassment and discrimination are encouraged whether verbally or in writing. Your report will be assessed and discussions of next steps and supportive resources available to you, if applicable, will take place at that time of your initial intake.

SUNY Fredonia protects those who register concerns that are covered under the Harassment and Discrimination policy or engage in protected activity from retaliation. SUNY Fredonia takes allegations of retaliation seriously and allegations of retaliation which fall under the policy will be investigated thoroughly with corrective action taken, if applicable, regardless of the validity of the original complaint. If you believe you are being retaliated against for having engaged in protected activity, please contact one of the individuals listed above.

Yes. While individuals are encouraged to report matters within one year of them happening, the office will accept reports of behavior for up to three years and potentially longer depending on the circumstances.

Every case is investigated and considered on a case-by-case basis, considering the facts and context of the alleged behaviors. Some examples of what could constitute harassment and discrimination are listed below, but please be aware the list is not exhaustive.

• Physical violence, threats of physical violence, physical intimidation, or stalking;
• Displays of demeaning material in the workplace, including displays on workplace computers, social media, cell phones, or any other area visible to other members of the University community, such as:
  • Images, pictures, posters, or objects; for example, demeaning cartoons, dolls, or artifacts; or Text, graffiti, or written messages of intimidation such as epithets, slurs or threats;
  • Other behaviors, such as demeaning jokes, derogatory statements, verbal epithets or slurs, or stereotyping activities;
• Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform their job;
• Commenting about an individual’s physical characteristics, clothing or lifestyle in a manner that demeans an individual based on their membership in a Protected Class; Sabotaging an individual’s work because of the individual’s membership in a Protected Class; or
• Bullying, yelling, or name-calling because of the individual’s membership in a Protected Class.

Unlawful harassment and/or discrimination can occur on or off campus and even when employees work remotely. It can also occur while traveling for university business or at university sponsored events or parties. Calls, texts, emails, and certain social media usage by employees or students can constitute unlawful workplace harassment toward another employee or student, even if they occur away from the workplace premises, on personal devices or during non-work hours.

Allegations of retaliation are investigated and considered on a case-by-case basis, considering the facts and context of the alleged behaviors. Some examples of what could constitute retaliation are listed below, but please be aware the list is not exhaustive.

• Making inquiries about whether or not an individual has engaged in protected activity or ostracizing any person who does so;
• Threats of termination, transfers and changes in work location, poor performance reviews, the denial of a promotion or tenure, denial of job benefits, demotion, suspension, or termination, denying a reasonable accommodation request, reducing hours, or assignment to less desirable work shifts/locations;
• An escalation of harassing behavior in response to a complaint such as making threats of physical violence;
• Making false reports to governmental authorities (e.g., law enforcement, licensing agencies);
• Threats of deportation, initiating action with immigration authorities;
• Adverse academic actions against a student could include a reduced grade, negative recommendations, negative comments about the student at academic meetings or conferences, or limiting access to an academic opportunity; or,
• Treating someone differently because they filed a complaint or participated in an investigation (for example, giving them the “cold shoulder,” excluding them from group activities, or cease speaking to them).

Yes, a complaining party may complete the University’s report of discrimination and harassment anonymously; however, a mandatory reporter cannot disguise or keep relevant details anonymous if they witness or if a complaining party reports concerns to them directly.

While the University encourages all individuals to report any concern of harassment and discrimination they may witness firsthand or become aware of; management and supervisory personnel are required to report to the Affirmative Action Officer, or designee when they (1) observe Discrimination, Harassment or Retaliation that may be covered by this Policy or (2) receive or learn of reports or concerns of Discrimination, Harassment or Retaliation that may fall within this Policy. Management and supervisory personnel include, but are not limited to:

• Any employee having supervisory responsibility over employees, including student employees and faculty members, even if they do not have direct reporting over any party involved in the complaint of harassment and discrimination.
• All faculty.
• Individuals who have been designated as a Campus Security Authority pursuant to the Clery Act.
• Deputy Title IX Coordinators; and
• Individuals who work with students in any capacity except for those identified as a confidential employee (see below).

Unless an exception requiring disclosure applies, information disclosed to university employees while they are serving in a privileged professional capacity (i.e. those staff in the LoGrasso Health Center serving as legitimate/licensed health care or ministry providers to a student) is subject to the employee’s professional confidentiality and licensing obligations, if any. In other words, confidential employees acting in their professional capacity may not be required to report under this Policy, even if they also serve as supervisors, but only to the extent that reporting is provided to them under their license and would be prohibited by their professional licensure requirements or confidentiality obligations. Employees should consult the SUNY Office of General Counsel if they have questions about whether they are required to report or not.

The complete investigative file, including a copy of any determination or decision relating to a complaint under this Policy, along with a copy of remedial action or discipline taken in response to any complaint, shall be maintained in the Office of Human Resources (for employee cases) and in Maxient (case management system for student cases). No documentation relating to an investigation, including the determination itself, should be placed in any individual’s personnel file or student record file unless that individual has been counseled or disciplined because of the complaint and investigation. Records of complaints and any remedial action taken must be provided to the Office of Human Resources (for employees).

If a violation of this Policy is not found, but the University takes other disciplinary, remedial or corrective measures based on information learned during the course of an investigation, Human Resources will place the documentation regarding such measures in that individual’s personnel file or The Office of Title IX & Advocacy will work with the appropriate office to update a student record, and may provide a copy to that individual’s supervisor, chair, and/or dean, as appropriate (Faculty case).

Those who have access will keep all details on a need-to-know basis and shared with others only with express permission by the Affirmative Action Officer or designee.

Witnesses are not permitted to bring a support person to an interview with the Investigator unless they have express written permission by the Investigator. The support person cannot speak on behalf of any party. With the exception of Union representatives for employees who are the targets of the investigation, the University reserves the right to decline certain support parties from joining any interview.

While speech or expression protected by the First Amendment is not itself a violation of SUNY Fredonia policy, such speech may still be subject to institutional response when it involves conduct regulated by policy, such as harassment, discrimination, threats, disruption, or violations of applicable time, place, and manner rules.

It is the policy of the University to maintain and encourage full freedom, within the law, of inquiry, teaching and research. In the exercise of this freedom faculty members may, without limitation, discuss their own subject in the classroom; they may not, however, claim as their right the privilege of discussing controversial matters in their classroom which has no relation to their subject. The principle of academic freedom shall be accompanied by a corresponding principle of responsibility. In their role as citizens, employees have the same freedoms as other citizens. The University will protect free speech, academic freedom and artistic expression in administering this Policy. However, using speech or expression to discriminate against those protected by this Policy or using speech that creates a hostile learning, working or campus living environment for those protected by this Policy is prohibited.