Grievance Procedures

Grievance Procedure for Review of Allegations of Unlawful Discrimination/Harassment

Introduction

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

This procedure may be used by any Buffalo State 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 by-laws, 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

A grievance must be submitted in writing on forms provided by the Equity and Campus Diversity Office 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.
Grievances must be filed with the Equity and Campus Diversity Office.
Any use of the word "day" or "days" refers to calendar days.

Overview of Process

Buffalo State has adopted a grievance 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, gender identity, disability, veteran status, or marital status.

This procedure is intended to resolve matters of unlawful discrimination/harassment on the campus in a non-adversarial manner. It may be used by students, faculty, and staff. The steps in the complaint procedures are outlined below:

First, the Chief Diversity Officer 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 grievance, you must file the grievance 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 grievance, 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 grievance 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 grievance procedures carefully and/or ask the chief diversity officer any questions you may have about any matter related to the process at (716) 878-6210 or FAX (716) 878-6234. You may obtain a copy of the procedures at Cleveland Hall 415, The Equity and Campus Diversity Office.