Inclusive and Accessible Campus for All

Non-Discrimination Policy

SUNY Oswego values the contributions to learning for its members that result from maintaining a diverse student body, faculty, and staff. 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 university 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 university community who experience retaliation should contact the Discrimination Complaint Administrator (DCA) or Title IX Coordinator, as appropriate. 

Title VI Responsibilities

SUNY Oswego's Title VI Coordinator is charged with ensuring that students are protected from illegal discrimination based on characteristics, as further described in applicable state and federal law.

If the Title VI coordinator receives a report of discrimination or harassment, the Title VI coordinator shall:

(a) offer supportive measures for the student or students making a complaint;

(b) notify any students who report conduct that may reasonably constitute discrimination or harassment under this section and Title VI of the federal civil rights act of 1964, of the institution's policies and/or procedures; and

(c) ensure there is a process for investigation and resolution of complaints consistent with obligations under federal and state law.

Reporting

Members of the college community who experience or observe discrimination should immediately report their experience or observation to:

Anneke McEvoy
Deputy CDIO, DCA, Title VI Coordinator
611 Culkin Hall
[email protected]
(315) 312-2238

Summary

SUNY Oswego is committed to maintaining a learning and workplace environment free from Sexual Harassment and unlawful Discrimination. In its continuing effort to seek equity in education and employment, and in support of Federal and State anti-discrimination legislation, SUNY Oswego has adopted this complaint procedure for the prompt and equitable investigation and resolution of allegations of unlawful discrimination on the basis of age, race, creed, color, ethnicity, national origin including shared ancestry and/or ethnic characteristics, religion, sexual orientation, gender identity or expression, military or veteran status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, criminal conviction, arrest record, citizenship or immigration status, gender, pregnancy, pregnancy outcomes, reproductive healthcare and autonomy, or any other characteristic protected by applicable state or federal law. Harassment on the basis of the above protected categories is one form of unlawful Discrimination.

SUNY Oswego will take steps to prevent Discrimination and Harassment, to prevent their recurrence, and to remedy their discriminatory effects on the victim(s) and others, if appropriate. Sex discrimination includes Sexual Harassment and sexual and interpersonal violence. Depending on whether the alleged conduct meets the definition found at 34 C.F.R. § 106.30 and the affiliation of the Respondent, it may be addressed under this Procedure or the applicable Campus's Student Title IX of the Education Amendments of 1972 ("Title IX") Grievance Procedure. 

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 or other appropriate action.

SUNY Oswego Procedures for Discrimination and Harassment Complaints  

SUNY Oswego Discrimination Complaint Form

SUNY Oswego Discrimination Complaint Procedure 

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

Campus shall be used for State-operated campuses and System Administration.

Complainant is the individual bringing forward a complaint of Harassment, Discrimination and/or Retaliation.

Discrimination Complaint Administrator means the Campus official designated to receive, assess, and administer reports and complaints under Section I of this Procedure. A Campus may designate more than one DCA, as appropriate. Designation as a DCA does not alter any responsibility assigned by law or SUNY policy to a Title VI Coordinator, Title IX Coordinator, ADA/Section 504 Coordinator, or other designated official.

Discrimination is the different treatment of an individual or group based in whole or in part, upon a factor prohibited by law that adversely affects the individual's or group's employment, education, access to or participation in a University program or activity, or other right or privilege protected by applicable law.

Discrimination may also result from failure of the Campus to provide reasonable accommodations to individuals when required due to the individual's disability, religion, pregnancy status, maternity, breastfeeding, transgender status, or sexual violence victim status, among others.

Harassment is a form of Discrimination consisting of oral, written, graphic or physical conduct relating to an individual's protected characteristics that has the effect of subjecting the individual to inferior terms, conditions or privileges of education or employment or interferes with or limits the ability of an individual to participate in or benefit from the University's programs or activities. Such conduct must amount to more than petty slights or trivial inconveniences but need not be severe or pervasive. Such protected characteristics include those listed in the Summary section above and any other characteristic protected by applicable state or federal law.

Interim Measures are steps taken to stabilize the situation, prevent continuing misconduct, support the parties, and protect the integrity of the investigation. Whenever possible, Interim Measures will be structured so they do not disproportionately impact either party. 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 lives on campus and/or attends class with the complainant. Interim measures involving employees in collective bargaining units should be determined in consultation with the campus Human Resources or Employee/Labor Relations department.

Party means a Complainant or Respondent.

Respondent is the individual or entity against whom a complaint has been filed. When a complaint is made against a group or entity, the Campus shall identify an appropriate representative to act on behalf of the Respondent.

Retaliation is an adverse action taken against an individual as a result of complaining about or providing information regarding unlawful discrimination or harassment, exercising a legal right, and/or participating in a complaint investigation as a third-party witness. Adverse action includes being discharged, disciplined, academically disadvantaged, discriminated against, subjected to harassment or intimidation, or otherwise subject to adverse action because the individual reports discrimination or participates in an investigation under this procedure.  

Third Party means any person who is not a SUNY student or employee but who is participating in, attempting to participate in, or otherwise interacting with a SUNY-sponsored program or activity, including applicants for admission or employment, interns, volunteers, contractors, vendors, visitors, and other persons conducting business with SUNY.