Employment Discrimination Complaints

CUNY Non Discrimination Policies and Procedures

DISCRIMINATION DEFINED

A. Treating members of a protected class less favorably because of their membership in that class. The protected groups are set forth in CUNY's non-discrimination policy.

B. Harassment is a type of discrimination involving oral, written, graphic or physical conduct relating to an individual's race, color, or national origin (including an individual's ancestry, country of origin, or country of origin of the individual's parents or other family member) or other protected characteristic that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to work for, participate in or benefit from the educational institution's programs or activities.

RESPONSIBLE OFFICES AND INDIVIDUALS

A. Responsibilities of the Presidents

The President of each college of the University, the Executive Vice Chancellor and Chief Operating Officer at the Central Office, the Deans of the Law School, Graduate School of Journalism and Sophie Davis School of Biomedical Education shall have ultimate responsibility for overseeing compliance with the Non-Discrimination Policy (hereinafter the "Policy") at his or her respective unit of the University. Each President shall:

• Appoint a Chief Diversity Officer (CDO), a Sexual Harassment Coordinator and at least one Deputy Coordinator, a 504/ADA Compliance Coordinator and a Title IX Coordinator. The CDO may be appointed to perform one or more of these functions.

• Ensure that the individuals appointed to handle allegations of discrimination/harassment, including sexual harassment, are fully trained and equipped to carry out their responsibilities.

• Assure that supervisors receive orientation on the University's Non-Discrimination Policy and Policy Against Sexual Harassment.

• Annually disseminate to all employees the Non-Discrimination Policy, the Policy Against Sexual Harassment, and the Form for Notification of Protected Categories, and include the names, titles, telephone numbers, and office locations of the CDO, the Sexual Harassment Coordinator and Deputy Coordinator(s), the 504/ADA Compliance Coordinator, and in addition, to students, the Title IX Coordinator, and the Chief Student Affairs Officer. Such information should be widely disseminated and included in all orientations (including supervisory orientation sessions), handbooks, newsletters, and on the colleges' websites. In addition, the Policies and Procedures on Non-Discrimination and Sexual Harassment should be incorporated into the training curriculum for employees that are involved in investigating discrimination complaints.

• Submit annually to the Office of the Vice Chancellor for Faculty and Staff Relations an annual report on non-discrimination, which shall include information on complaints filed within the past year and their resolution, and other information.

B. Responsibilities of the Chief Diversity Officer (CDO) and the Chief Student Affairs Officer.

• The CDO is responsible, as the President's designee, for providing confidential consultation, informal complaint resolution and investigation of all internal complaints of discrimination/harassment.

• The CDO and the Chief Student Affairs Officer or his/her representative are responsible, as the President's designees, for handling and providing for prompt and equitable resolution of student discrimination/harassment complaints under applicable laws, rules, and/or regulation.

C. Responsibilities of the Sexual Harassment Coordinator and Deputy Coordinator.

• It is the responsibility of the President to appoint the college CDO as either the Sexual Harassment Coordinator or a Sexual Harassment Deputy Coordinator. Further, a faculty member should be appointed as one of the Coordinators.

• The Sexual Harassment Coordinator is responsible, as the President's designee, for reviewing all complaints of sexual harassment from any member of the college community, and for making efforts to resolve those complaints informally, if possible. When informal resolution is not possible, the Sexual Harassment Coordinator shall investigate the complaint. The Sexual Harassment Coordinator shall report to the President (and the Chief Student Affairs Officer, if the accused/complainant is a student) the results of the investigation. A Deputy Coordinator may also assume responsibility for the informal resolution or investigation of complaints, as assigned by the Sexual Harassment Coordinator. The Coordinators have an obligation to maintain confidentiality to the fullest extent possible.

• Submit annually as part of the report on non-discrimination, a summary of the sexual harassment educational activities undertaken at the college, as well as a summary of the number of complaints filed and the general outcomes thereof.

C1.Responsibilities of the Sexual Harassment Awareness and Intake Committee

• The Sexual Harassment Awareness and Intake Committee is responsible for educating employees about sexual harassment and its potential consequences to the University community, and for overseeing sexual harassment training.

• It is recommended that the Sexual Harassment Awareness and Intake Committee consist of six to eight persons, all of whom shall be appointed by and serve at the pleasure of the President. Further, it is strongly recommended that the Committee reflect the diversity of the college, and be composed of at least two faculty members, as well as administrators, staff, and students.

• All members of the Sexual Harassment Awareness and Intake Committee shall be available to receive complaints of sexual harassment from any member of the college community, to explain the University complaint procedures, and to refer individuals and/or the complaint to the Sexual Harassment Coordinator.

• All members of the Sexual Harassment Awareness and Intake Committee have an obligation to maintain confidentiality to the fullest extent possible

D. Responsibilities of Supervisory Personnel

Supervisory personnel exercise authority on behalf of the University. They include deans, directors, department chairpersons, executive officers, administrators, or other persons with supervisory responsibility. They must take steps to create a workplace free of discrimination and harassment, and must take each and every complaint seriously.

• Each supervisor must arrange for the posting, in his or her area, of the University's Non-Discrimination Policy with the names, titles, telephone numbers, and office locations of the CDO, the Sexual Harassment Coordinator and Deputy Coordinator(s), the Chief Student Affairs Officer, the 504/ADA Compliance Coordinator and the Title IX Coordinator.

E. Responsibilities of the University Community-at- large

Members of the University community, who become aware of allegations of discrimination including sexual harassment, should encourage the aggrieved individual to report the alleged act to the CDO or the Sexual Harassment Coordinator, as applicable.

CONFIDENTIALITY

The privacy of individuals who bring complaints of discrimination, who are accused of discrimination, or who are otherwise involved in the complaint process should be respected, and info