Non-Discrimination Policy
SUNY Oswego values the contributions to learning for its members that result from maintaining a diverse student body, faculty, and staff. Oswego rejects discrimination or marginalization of any group and further rejects antisemitism, islamaphobia, and other forms of bias and discrimination.
SUNY Oswego will comply with all applicable equal employment opportunity/non-discrimination laws and does not discriminate on the basis of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics (including an individual's ancestry, country of origin, or country of origin of parents, family members, or ancestors), military status, domestic violence victim status, criminal conviction, or any other characteristic protected by applicable local, state, or federal law.
The goal of SUNY Oswego is to nurture members’ abilities and capacities for appreciation of living and working together in a diverse learning environment. Members must not expose others to discriminatory acts of any form. Employees, students, applicants, or other members of the College community (including, but not limited to, vendors, visitors, and guests) may not be subjected to harassment that is prohibited by law or treated adversely based upon a protected characteristic.
Harassment based on any protected characteristic that is sufficiently severe, 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, or terms, conditions, or status of employment is prohibited.
Additionally, Federal law prohibits retaliation. Adverse action taken against any individual who files a complaint, or who assists or participates in any manner in an investigation process, or hearing, is against the law. Members of the campus community who experience retaliation should contact the Affirmative Action Officer or Title IX Coordinator, as appropriate.
Reporting
Members of the college community who experience or observe discrimination should immediately report their experience or observation to:
Anneke McEvoy
Affirmative Action Officer
106A Culkin Hall
[email protected]
(315) 312-2238
Allegation of unlawful discrimination Form
Complaint Procedure for the Review of Allegations of Unlawful Discrimination
Members of the college community who experience or observe sexual or interpersonal violence should immediately report their experience or observation to:
Lisa Evaneski
Title IX Coordinator
407 Culkin Hall
[email protected]
(315) 312-5604
Members of the college community may file a complaint as directed above and/or with the Office of Civil Rights, using OCR’s online complaint form, or via mail:
Office for Civil Rights (OCR)
New York Office
U.S. Department of Education
32 Old Slip, 26th Floor
New York, NY 10005-2500
Telephone: (646) 428-3800
Fax: (646) 428-3843
E-mail: [email protected]
Reports of discrimination that happen off campus may also be reported to the college or to the OCR.
Pursuant to State University of New York policy, SUNY Oswego’s Non-Discrimination Policy is in accordance with federal and state laws and regulations prohibiting discrimination and harassment including the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964 as Amended by the Equal Employment Opportunity Act of 1972, and the New York State Human Rights Law.
Title IX
The Title IX Coordinator is responsible for monitoring overall Title IX implementation for the institution and coordinating compliance with all areas and departments covered under Title IX and other laws that regulate prevention and response to sexual and interpersonal violence. The Title IX Coordinator will meet with the complainant to explain the available options and processes and investigate the complaint. Inquiries concerning the application of Title IX and its implementing regulation may be referred to the Title IX Coordinator or to the Office of Civil Rights. If the Institution’s Title IX Coordinator finds an Auxiliary Services employee in violation of this policy, Management reserves the right to terminate employment.
Definitions
Discrimination - The differential treatment of an individual or group of people based on their race, color, national origin, religion, sex (including pregnancy and gender identity), age, marital and parental status, disability, sexual orientation, or genetic information.
Harrassment - Unwelcome conduct that is based on race, color, religion, sex, national origin, age, disability or genetic information. Harassment becomes unlawful where enduring the offensive conduct becomes a condition of continued employment or the conduct is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Per the Office of Civil Rights (OCR), harassing conduct can be verbal or physical and does not need to be directed at a particular individual.
Harassment that creates a hostile environment is unwelcome conduct based on shared ancestry or ethnic characteristics that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity.
OCR states that institutions must take immediate and effective action to respond to harassment that creates a hostile environment.
Harrassing Conduct is unwelcome conduct, verbal or physical, including intimidation, ridicule, insult, comments, or physical conduct, that is based on an individual’s protected status or protected activities, which can reasonably be considered to adversely affect the educational or work environment, and further when an employment decision affecting the employee is based upon the employee’s acceptance or rejection of such conduct. Protected status is defined as an individual’s race, color, religion, sex (including pregnancy and gender identity), sexual orientation, national origin, age, disability, family medical history (including genetic information), status as a parent, marital status, or political affiliation. Protected activity includes reporting harassing conduct, discrimination or retaliation; filing a claim of harassment; providing evidence in any investigation; or intervening to protect others who may have suffered harassing conduct, discrimination or retaliation.
Retaliation - Taking an action that might deter a reasonable person from participating in activity protected by anti-discrimination and/or whistleblower laws. Protected activity includes: complaining about discriminatory or harassing behavior; disclosing/reporting violations of law, rule or procedure or fraud, waste or abuse; and participating in discrimination or whistleblower proceedings (such as an investigation or lawsuit). Retaliatory actions are not limited to formal personnel actions such as termination, demotion, non-promotion, or non-selection. Retaliatory actions are broadly defined to harassing behavior, significant changes to job duties or working conditions, and even threats to take personnel actions.
Federal Legislation
Sections 503 and 504 of the Rehabilitation Act, 1973
Section 503 prohibits discrimination in employment against individuals with disabilities and requires employers to take affirmative action to recruit, hire, promote, and retain these individuals.
Section 504 protects qualified individuals from discrimination based on their disability.
Title VI of the Civil Rights Act of 1964
Title VI provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
Title VI protects students, faculty, and staff from race, color and national origin discrimination. It extends to students who experience discrimination, including harassment, based on their actual or perceived shared ancestry or ethnic characteristics or citizenship or residency in a country with a dominant religion or distinct religious identity. Institutions have a responsibility to address discrimination against groups when the discrimination involves:
• Racial, ethnic, or ancestral slurs or stereotypes;
• A person’s skin color, physical features, or style of dress that reflects both ethnic and religious traditions; and
• Where a person came from or is perceived to have come from, including discrimination based on a person's foreign accent, a person’s foreign name, including names commonly associated with particular shared ancestry or ethnic characteristics, or a student speaking a foreign language.
Per the Office of Civil Rights (OCR), harassing conduct can be verbal or physical and does not need to be directed at a particular individual.
OCR interprets a hostile environment to mean:
- Harassment (based on shared ancestry or characteristics) that creates a hostile environment is unwelcome conduct that, based on the totality of the circumstances, is
- Subjectively and objectively offensive and is
- So severe or pervasive that it limits or denies the recipient’s ability to participate in or benefit from the recipient’s education program or activity.
OCR states that institutions must take immediate and effective action to respond to harassment that creates a hostile environment.
Title VII as amended by the Equal Employment Opportunity Act of 1972
Title VII prohibits employment discrimination based on race, sex, color, religion, and national origin. Title VII applies to private employers, labor unions and employment agencies.
Title IX of the 1972 Education Amendments
Title IX provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
New York State Legislation
New York State Human Rights Law
Governor’s Executive Order 40.1 (1980)
State University of New York Board of Trustees