Columbia-Greene Community College adheres to the following SUNY Complaint Procedure for Review of Allegations of Unlawful Discrimination/Harassment. However, in the event of a violation of College policy, or the College Code of Conduct, the matter proceeds as follows:
- Referral of the case to the Dean of Students or designated Judicial Officer for Administrative review.
- Administrative resolution of the case at an informal disciplinary conference or through an administrative review process or formal hearing.
- and/or - - Referral to off-campus services.
- Appeal to the President or formal hearing before an “ad hoc” judicial board appointed by the President.
Discrimination Complaint Procedure Summary
The State University of New York at Columbia-Greene Community College, in its continuing effort to seek equity in education and employment and in support of federal and state anti-discrimination legislation, has adopted a complaint procedure for the prompt and equitable investigation and resolution of allegations of unlawful discrimination on the basis of race, color, national origin, religion, creed, age, sex, sexual orientation, disability, gender identity, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction. Harassment is one form of unlawful discrimination on the basis of the above protected categories. The College will take steps to prevent discrimination and harassment, to prevent the recurrence of discrimination and harassment, and to remedy its discriminatory effects on the victim(s) and others, if appropriate. Conduct that may constitute harassment is described in the Definitions sections on page 110 of this Handbook. Sex discrimination includes sexual harassment and sexual violence. Retaliation against a person who files a complaint, serves as a witness, or assists or participates in any manner in this procedure is strictly prohibited and may result in disciplinary action. For more detailed information contact the Dean of Students or the Affirmative Action Officer.
Applicability
This procedure may be used by any student or employee of Columbia-Greene Community College, as well as third-parties participating in a College-sponsored program or affiliated activity. Employee grievance procedures established through negotiated contracts, academic grievance review committees, student disciplinary grievance boards, and any other procedures defined by contract will continue to operate as before. Nor does this procedure in any way deprive a complainant of the right to file with 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 United States Department of Education and the Office of Federal Contract Compliance of the United States Department of Labor. However, after filing with one of these outside enforcement agencies, or upon initiating litigation, the complaint will be referred to the campus Affirmative Action Officer, or, in the case of sex discrimination, the Title IX Coordinator (hereinafter “AAO” will refer to both the Affirmative Action Officer and Title IX Coordinator), for investigation. Contact information for External Enforcement agencies may be found in Appendix A. More detailed information may be obtained from the campus AAO.
Upon receiving a sex discrimination complaint or report, Columbia-Greene Community College and the Dean of Students will provide the complainant with a written notice describing the available options, including pursuing a criminal complaint with a law enforcement agency, pursuing Columbia-Greene Community College’s investigation and disciplinary process, or pursuing both options at the same time; and the potential consequences of pursuing both options (i.e., possible temporary delay of the fact-finding aspect of the College’s investigation while the law enforcement agency is in the process of gathering evidence). Additionally, the Title IX Coordinator will ensure that complainants in sex discrimination cases are made aware of their Title IX rights, available remedies and resources on and off-campus (such as counseling, and/or local rape crisis center), and interim measures of protection. For more information, see the Student’s Bill of Rights on page 134 in this Handbook. Assistance will be available whether or not a formal complaint is contemplated, or even possible.
The following Discrimination Compliant Procedure applies to both the informal and formal processes and provides a mechanism through which the College may identify, respond to, and prevent incidents of illegal discrimination. The College recognizes and accepts its responsibility in this regard and believes that establishing this internal grievance process will benefit students, faculty, staff, and administration, permitting investigation and resolution of problems.
SUNY, through Columbia-Greene Community College, reserves the right to promptly investigate all incidents of sex discrimination of which the campus and/or SUNY System Office has notice. Based on information received, the AAO will make reasonable efforts to investigate and address instances of sex discrimination consistent with the SUNY Policies on Sexual Violence Prevention and Response, including the Options for Confidentially Disclosing Sexual Violence, that may be found on the College website.
SUNY will comply with law enforcement requests for cooperation, and such cooperation may require the campus to delay temporarily the fact-finding aspect of an investigation while the law enforcement agency is in the process of gathering evidence. The campus will resume its investigation once receiving notification from the law enforcement agency that has completed the evidence gathering process. SUNY will implement appropriate interim steps during the law enforcement agency's investigation period to provide for the safety of the victim(s) and the campus community, as described below.
The complainant is not required to pursue the College internal procedures before filing a complaint with a state or federal agency. In addition, if the complainant chooses to pursue the College internal procedure, the complainant is free to file a complaint with the appropriate state or federal agency at any point during the process.
During any portion of the procedures detailed hereafter, the parties shall not employ audio or video taping devices. Complaints and investigations will be kept confidential to the extent possible.
Retaliation against a person who files a complaint, serves as a witness, or assists or participates in any manner in this procedure, is strictly prohibited and may result in disciplinary action. Retaliation is an adverse action taken against an individual as a result of complaining about unlawful discrimination or harassment, exerITing a legal right, and/or participating in a complaint investigation as a third-party witness. Participants who experience retaliation should contact the campus AAO and may file a complaint.
Complaint Consultation and Review
Any student or employee, or any third party, may consult with the AAO regarding potential discrimination or harassment. This initial contact may occur by telephone, email, or in person – the latter being preferred.
The AAO and/or Dean of Students must respond to all such inquiries, reports, and requests as promptly as possible, and in a manner appropriate to the particular circumstance. This response may include interim measures to protect the parties during the investigation process. Interim measures will not disproportionately impact the complainant. Interim measures for students may include, but are not limited to, information about how to obtain counseling and academic assistance in the event of sexual assault, and steps to take if the accused individual attends class with the complainant.
Complaints or concerns reported to an administrator, manager, or supervisor, concerning an act of discrimination or harassment, or acts of discrimination or harassment that administrators, managers, or supervisors observe or become aware of, shall be immediately referred to the AAO and Dean of Students. Employees with Title IX compliance responsibilities and/or employees who have the authority to take action to redress the harassment, must report any complaints to the Title IX Coordinator. Employees who observe or become aware of sex discrimination, including sexual harassment and sexual violence, should report this information to the campus Title IX Coordinator. Complaints also may be made directly to the AAO by anyone who experiences, observes, or becomes aware of discrimination or harassment.
Filing Complaints and Time Limits
Although in limited circumstances, verbal complaints may be acted upon, the procedures set forth here rest upon the submission of a written complaint that will launch a full and fair investigation of the facts. The College prefers written complaints. The complainant must take responsibility for filing any complaint within the applicable time limit.
If the complainant brings a complaint beyond the allotted time period, the AAO may terminate any further processing of the complaint, direct the complainant to an alternative forum (see Appendix A – External Enforcement Agencies - for a list of alternative forums). Complaints of sex discrimination brought forth beyond the 180-day period will be tracked and investigated to the extent possible, consistent with the campus Title IX obligations, including the Title IX Coordinator’s duties to spot patterns and address systemic issues.
All complaints must be submitted on the forms provided by the College, available on the College website or from the Dean of Students’s Office, Room 205. The Charge of Discrimination form will be used for both initiating complaints under the informal procedure, and the converting of the complaint to the formal procedure. The AAO is available to assist in preparing the complaint.
As soon as reasonably possible, after the date of filing the complaint, the AAO will mail a notice of the complaint to the filer, and a copy of the complaint to the respondent(s).
Students must file a complaint within 180 calendar days following the alleged discriminatory act, or 90 calendar days after a final grade is received, for the semester during which the discriminatory acts occurred, if that date is later.
Complaint Contents
The complaint shall contain:
- The name, permanent address(es), telephone number(s), and status (student, third party) of the complainant.
- A statement of facts explaining what happened and what the complainant believes constituted the unlawful discriminatory acts in sufficient detail to give each respondent reasonable notice of what is claimed. The statement should include the date, approximate time, and place where the alleged acts of unlawful discrimination or harassment occurred. If the acts occurred on more than one date, the statement should also include the last date on which the acts occurred, as well as detailed information about the prior acts. The names of any potential witnesses should be provided.
- The name(s), address(es) and telephone number(s) of the respondent(s), i.e., the individual(s) claimed to have committed the act(s) of unlawful discrimination.
- Identification of the status of the individual(s) charged whether faculty, staff, or student.
- A statement indicating whether or not the complainant has filed or reported information concerning the incidents referred to in the complaint with a non-campus official or agency, under any other complaint, or complaint procedure. If an external complaint has been filed, the statement should indicate the name of the department or agency with which the information was filed and its address.
- A description of any corrective or remedial action that the complainant would like to see taken.
- Such other or supplemental information as may be requested.
- Signature of complainant and the date complaint signed.
Informal Resolution
If a complainant elects to have the matter treated in an informal manner, the AAO will attempt to reasonably resolve the problem to the mutual satisfaction of the parties.
In seeking an informal resolution, the AAO shall attempt to review all relevant information, interview pertinent witnesses, and bring together the complainant and the respondent, if desirable. Complaints of sexual violence will not be resolved by using mediation, but instead must be referred immediately to the campus AAO. The complainant will not be required to resolve the problem directly with the respondent in cases of sex discrimination.
If a resolution satisfactory to both the complainant and the respondent is reached within 24 calendar days from the filing of the complaint, through the efforts of the AAO, 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 contain the terms of any agreement reached by complainant and respondent, and shall be signed and dated by the complainant, the respondent, and the AAO.
If the AAO is unable to resolve the complaint to the mutual satisfaction of the complainant and respondent within 24 calendar days from the filing of the complaint, the AAO shall notify the complainant and provide guidance about proceeding to the next step internally, and/or the right to separately file with appropriate external enforcement agencies.
The time limitations set forth above may be extended by mutual agreement of the complainant and respondent with the approval of the AAO. Such extension shall be confirmed in writing by the complainant and respondent. The AAO also will have the discretion to reasonably extend the deadlines if an investigation is deemed complex.
The complainant may elect to end the informal resolution and proceed to the formal resolution procedure, at any time after the Charge of Discrimination form is filed.
Formal Resolution
The formal complaint proceeding begins with filing the complaint form as described above. The 180 day time limit also applies to filing a formal complaint. A complainant who first pursued the informal process, and subsequently wishes to pursue a formal complaint, may do so by checking the appropriate box, and signing and dating the complaint form.
The complaint, together with a statement from the AAO indicating that informal resolution was not possible, if applicable, shall be forwarded to the Dean of Students within seven calendar days from the filing of the formal complaint. If an informal resolution was not pursued, the AAO shall forward the complaint to the Dean of Students within seven calendar days from the filing of the complaint.
Notice to Parties
Upon receipt of a complaint, the AAO will provide an initialed, signed, date-stamped copy of the complaint to the complainant. As soon as reasonably possible after receiving the complaint, the AAO will mail a notice of complaint and a copy of the complaint to the respondent(s). Alternatively, such notice with a copy of the complaint may be given by personal delivery, provided such delivery is made by the AAO (or designee) and, that proper proof of such delivery, including the date, time, and place where such delivery occurred, is entered in the records maintained by or for the AAO.
Title IX Investigation
Within seven calendar days of receiving the complaint, the Title IX Investigator will send notification to the complainant, the respondent, and the President that a review of the matter shall take place.
The action of the President shall be final. If the President is the respondent, the Chancellor or the designee shall issue a written statement indicating what action the Chancellor proposes to take. The Chancellor’s deITion shall be final for purposes of this discrimination procedure.
Notice of Outcome
No later than seven calendar days following issuance of the statement by the President or the Chancellor, as the case may be, the AAO shall issue a letter to the complainant and to the respondent(s) advising them that the matter, for purposes of this discrimination procedure, is closed. In cases of sex discrimination, notice of outcome will include the sanctions, as appropriate.
Time Limitations
The time limitations set forth above may be extended by mutual agreement of the complainant and respondent with the approval of the panel. The panel also will have the discretion to reasonably extend the deadlines if an investigation is deemed complex. Such extension shall be confirmed in writing to the parties.
External Agencies
If the complainant is dissatisfied with the President’s or Chancellor’s deITion, the complainant may elect to file a complaint with one or more state and Federal agencies. The campus AAO will provide general information on state and Federal guidelines and laws, as well as names and addresses of various enforcement agencies (see Appendix A).
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 and/or serious, 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.
Sex Discrimination – Behaviors and actions that deny or limit a person’s ability to benefit from, and/or fully participate in the educational programs or activities or employment opportunities because of a person’s sex. This includes but is not limited to sexual harassment, sexual assault, sexual violence by employees, students, or third parties. Employees should report sex discrimination, including but not limited to, sexual harassment and assault that they observe or become aware of, to the Title IX Coordinator.
Sexual Assault - A physical sexual act or acts committed against a person’s will and consent or when a person is incapable of giving active consent, incapable of appraising the nature of the conduct, or incapable of declining participation in, or communicating unwillingness to engage in, a sexual act or acts. Sexual assault is an extreme form of sexual harassment.* Sexual assault includes what is commonly known as “rape,” whether forcible or non-forcible, “date rape” and “acquaintance rape.” Nothing contained in this definition shall be construed to limit or conflict with the sex offenses enumerated in Article 130 of the New York State Penal Law, the guiding reference in determining if alleged conduct is consistent with the definition of sexual assault.
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 working at the College or other place of employment.
Sexual Violence - Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent.
Preponderance of the Evidence –The standard of proof in sexual harassment and sexual assault cases, that asks whether it is “more likely than not” that the sexual harassment or sexual violence occurred. If the evidence presented meets this standard, then the accused should be found responsible.
Off-Campus Resolution of Grievances
A complainant dissatisfied with any portion of the grievance procedure may file a formal complaint with the appropriate state or Federal agency. The AAO or Dean of Students will provide information on state and Federal guidelines and laws and names and addresses of enforcement agencies.