Bias, Discrimination, Harassment, Retaliation, and Hate Crimes Complaint/Grievance Policy & Procedure for Students and Employees

In order to actively live by the principles in this Policy, all parties experiencing or witnessing Discriminatory Practice(s) are strongly encouraged to come forward. Individuals found to be in violation of this Policy will be appropriately sanctioned, up to and including dismissal, as explained below.

In compliance with applicable federal, state and local laws, the College does not discriminate on the basis of Protected Characteristics, as defined below, in any aspect of its admissions or financial aid programs, educational programs and related activities, or with respect to employment and advancement in employment. The College is committed to providing a work and learning environment that is free from Discriminatory Practice(s) by anyone based on an individual’s Protected Characteristics, or because the individual has engaged in activity protected by federal or state laws prohibiting Discriminatory Practice(s).

The College has adopted this Bias, Discrimination, Harassment, Retaliation, and Hate Crimes Complaint/Grievance Policy and Procedure (the “Policy”) to combat Discriminatory Practices based on Protected Characteristics.

The Policy is administered by:

Jeffrey Knapp
Associate Vice President for Human Resources and Risk Management (“AVP for HR”)

knappj@strose.edu

518-458-5374

In the event that the AVP for HR is unavailable, the Policy is administered by:

Jennifer Richardson
Associate Vice President for Student Development (“AVP for SD”)

richardj@strose.edu

518-454-2023

Questions or concerns regarding the scope and application of the Policy should be directed to the AVP for Human Resources and Risk Management.

The Bias Response Team (“BRT”) is a team of administrators, faculty, staff and students that has been designated by the College to address expressions of bias in our community. When appropriate, the BRT provides educational opportunities for our campus community to reflect on the nature, causes, and effects of bias. The BRT will typically not be tasked with investigating complaints under this Policy.  However, the BRT may be tasked with addressing the impact of the alleged Discriminatory Practices at issue in the investigation.  The AVP for HR and AVP for SD will meet with the BRT twice per academic semester to report on bias behaviors, including concerning trends.  The BRT will coordinate campus-wide responses to complaints and reports, when appropriate.

The BRT will assess the needs of the Saint Rose community. The Bias Response Team may organize and hold open forums to reaffirm Saint Rose’s values and standards and to educate about hate crimes and bias incidents.  The Bias Response Team may also determine incident-related topic program areas for additional trainings for Students, Employees, and other Covered Individuals, where appropriate.

All efforts should be made to identify and provide opportunities for the community that will enhance and encourage inter-group dialogue that focuses on issues of inclusion, bias, hate crimes, hate groups (their profiles, agendas and patterns of behavior), discrimination, and effective strategies for enhancing individual and community safety and well-being and reinforcing community values.

This Policy applies to reports and complaints by Covered Individuals related to any of the following Discriminatory Practices (except to the extent they are covered under the College’s Title IX Grievance Policy, the Sexual Misconduct Policy, or Sexual Harassment Prevention Policy):

• Discrimination based on Protected Characteristics (excluding sexual harassment);
• Harassment based on Protected Characteristics (excluding sexual harassment);
• Retaliation, as defined below;
• Denial of a reasonable accommodation;
• Hate crimes, as defined below; and
• Bias behavior, as defined below.

Matters covered under this Policy in the employment relationship include, but are not limited to, recruitment, hiring, job assignment, compensation, promotion, discipline, termination, and access to benefits and training. Matters covered in the academic setting include, but are not limited to, admission, housing, allocation of financial aid, the assignment of grades, use of college facilities, and student interactions and behavior.

The College has adopted separate policies that govern the procedures for sexual harassment claims. Sexual harassment claims do not fall within the scope of this Policy.  If a claim alleging sexual harassment is filed under this Policy, it will be referred to the Title IX Coordinator to determine which policy and procedure applies.  The College’s sexual harassment policies include the Title IX Grievance Policy [https://www.strose.edu/title-ix-grievance-policy//], Sexual Misconduct Policy [https://www.strose.edu/sexual-misconduct-policy/], and the Sexual Harassment Prevention Policy [https://www.strose.edu/sexual-harassment-policy/].

Complaints that allege a suspected violation of law, rule, regulation, or College policy, but do not allege a Discriminatory Practice, do not fall within the scope of this Policy.  However, such complaints may still be investigated under the College’s Whistleblower Policy: [https://www.strose.edu/whistleblower-policy/]. A complaint under the Whistleblower Policy may be filed with: Lisa Thomson, Designated Compliance Office, phone: (518) 454-5121, email: thomsonl@strose.edu. If a claim is filed under this Policy that may fall under the Whistleblower Policy, the Chief of Staff will be notified to determine which policy and procedure applies.

1. Bias Behavior

   Bias is prejudice in favor of or against one thing, person, or group compared with another, usually in a way considered to be unfair. For the purposes of this Policy, bias behavior includes hurtful or harmful conduct of an individual that is based on bias. Behavior or conduct based on bias that is hurtful or harmful to a Covered Individual is a form of prohibited Discriminatory Practices on the campus or at off-campus events that are sanctioned or sponsored by the College.  For the purposes of this Policy, Bias Behavior does not include sexual harassment.
   

2. Confidentiality

   The College will, to the extent possible, maintain confidentiality with respect to complaints of Discriminatory Practice(s). However, there is no such thing as an “unofficial” or “informal” complaint of Discriminatory Practices. Once the College or its supervisors become aware of a complaint, the College is required by law to take action consistent with this policy.[1] These actions may require disclosure of the allegations to the extent necessary to conduct a complete and thorough investigation.  If a hate crime is reported, the College is required to notify the appropriate law enforcement agency as soon as practicable but in no case more than twenty-four (24) hours after the hate crime is reported.

3. Covered Individuals

   In this Policy, Covered Individuals means any individuals who are covered by this Policy, which include: current employees, current students, applicants for employment, applicants for admission, volunteers, contractors, subcontractors, vendors, consultants, and other persons conducting business with the College.

4. Discrimination

   For the purposes of this Policy, discrimination is defined as treating a Covered Individual less favorably because of that individual’s Protected Characteristic(s). For the purposes of this Policy, Discrimination does not include sexual harassment.

5. Discriminatory Practices

   Discriminatory Practices include discrimination, harassment, bias, hate crimes, or retaliation on the basis of any Protected Characteristic as defined in Section III.

6. Employee

   In this Policy, Employee refers to individuals who hold full-time and part-time positions as faculty members, administrators, or staff members, union and non-unionized.

7. Harassment

   Prohibited harassment on the basis of a Protected Characteristic, or any other protected basis, includes behavior such as: (1) verbal, written, and/or electronically transmitted conduct, including threats, epithets, derogatory comments, or slurs; (2) visual conduct, including derogatory posters, photographs, cartoons, drawings, or gestures; and (3) physical conduct, including assault, unwanted touching, or blocking normal movement.

   The College will not tolerate any such harassment.

   Prohibited harassment is a form of discrimination. In general, it can consist of spoken, written, and/or electronically transmitted words, signs, jokes, pranks, intimidation, or physical violence based on the protected characteristics of a covered individual, which alters the work or educational environment of that covered individual.

   The College is committed to preventing and correcting all harassment on-campus or as part of College-sponsored educational programs and activities. This includes not just harassment which is severe or pervasive enough to provide the basis for a claim under federal or state law.  Members of the campus community who experience harassment outside of College-sponsored educational programs and activities will be offered supportive measures.

   For the purposes of this Policy, Harassment does not include sexual harassment.

8. Hate Crimes

   The College strictly prohibits any hate crimes.  For the purposes of this Policy, a hate crime is defined as a crime involving violence that is motivated by prejudice on the basis of one or more Protected Characteristics.  Examples of hate crimes may include, but are not limited to: threatening phone calls, hate mail (including electronic mail), physical assaults, vandalism, destruction of property, and fire bombings. As used in the College’s policies, “bias-related crime” means the same as “hate crime” under New York Penal Law 485.05.

9. Preponderance of the Evidence

   The standard of evidence used to evaluate a report of prohibited Discriminatory Practice(s) is a “preponderance of the evidence.” Under this standard, a determination must be made on the basis of whether it is more likely than not that the respondent Covered Individual violated this Policy.

10. Protected Characteristics

    Protected characteristics include race, color, creed, gender, gender characteristics and expression, sex, sexual orientation, age, religion, actual or perceived national origin, citizenship or immigration status, actual or perceived gender identity, familial status, marital status, military or veteran status, physical or mental disability, status as a victim of a sexual assault, relationship violence, and/or stalking, genetic predisposition and carrier status, previous arrests or convictions as specified by law, or any other characteristics protected by applicable law.

It is a violation of federal and state law and this policy for any employee or student to retaliate against any Covered Individual for engaging in any protected activity under the Violence Against Women Act, the Clery Act, Title VI, Title VII, Title IX, the New York State Human Rights Law, the ADA, the Rehabilitation Act, the ADEA, and other federal and state civil rights laws. Retaliation resulting from an individual’s protected activity (i.e., opposition to prohibited discrimination or participation in a statutory complaint process) is also prohibited. This prohibition applies to anyone on the College campuses.

Unlawful retaliation can be any action, more than trivial, that would have the effect of dissuading a reasonable employee or student from making or supporting a charge of harassment or any other practices forbidden by the Law. Actionable retaliation can occur after the individual is no longer employed by, or enrolled at, the College. This can include, for example, giving an unwarranted negative reference for a former employee or former student.

This includes retaliating against a Covered Individual who opposes a discriminatory practice, makes a good faith complaint about Discriminatory Practice(s), or furnishes information or participates in any manner in an investigation of such a complaint.

Retaliation includes any conduct directed at someone because they engaged in such protected activity, which might deter a reasonable Covered Individual from making or supporting a charge of harassment or discrimination. Protected activity can include any of the following:

• filing a complaint of a Discriminatory Practice, either internally with the College, or with any anti-discrimination agency,
• testifying or assisting in a proceeding or investigation involving a Discriminatory Practice,
• opposing a Discriminatory Practice by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of a Discriminatory Practice,
• complaining that another Covered Individual has been a victim of a Discriminatory Practice,
• encouraging another Covered Individual to report a Discriminatory Practice, and
• requesting an accommodation for a disability or a religious practice.

Retaliation is unlawful and will not be tolerated. Any individual found to have engaged in retaliation will be subject to disciplinary action, up to and including, termination of employment and/or dismissal from the College.

Any Covered Individual who becomes aware of retaliation against a Covered Individual should contact:

If a Covered Individual believes that they have been retaliated against, the Covered Individual may file a complaint under this Policy.

The College has designated employees to coordinate its efforts to comply with reasonable accommodation obligations towards qualified individuals with disabilities.  The College has adopted a Reasonable Accommodations Policy for Students., [https://www.strose.edu/student-development/policies-important-info/community-standards-safety/community-standards-policies-and-procedures/student-accommodation-policy/].

Employees and job applicants are encouraged to inform the following College employee of any disability that may require a reasonable accommodation to allow them to perform the essential functions of their position, or the position to which they are applying, and to suggest and ask questions regarding reasonable accommodations:

Jeffrey Knapp
Associate Vice President for Human Resources and Risk Management
knappj@mail.strose.edu
518-458-5374

Students in need of modifications to their academic programs may contact the following College employee to request, suggest, and ask questions regarding reasonable accommodations:

Lynn Cantwell
LCSW, Director of Services for Students with Disabilities,
cantwell@strose.edu
518-337-2335

The College may request a Covered Individual to provide medical documentation to assist in this process.  Any information obtained by the College related to an individual’s physical or mental disabilities will be treated as confidential medical information.  The College will review and individually assess each accommodation request in accordance with applicable law.

If a Covered Individual other than a student believes that they have been denied a reasonable accommodation, the Covered Individual may file a complaint under this Policy.  A student who believes they have been denied a reasonable accommodation may file a complaint under the Student Accommodations Policy [https://www.strose.edu/student-development/policies-important-info/community-standards-safety/community-standards-policies-and-procedures/student-accommodation-policy/ ]

1. Reporting Prohibited Discriminatory Practices

   Any Covered Individual who believes they are the victim of Discriminatory Practices should file a complaint with:

   Jeffrey Knapp
   Associate VP for Human Resources
   knappj@strose.edu
   518-458-5374

   When a Covered Individual makes a report with the AVP for HR or designee, the Covered Individual can complete and submit a report of prohibited discriminatory practices using the Bias, Discrimination, Harassment, Hate Crimes and Retaliation Form[https://strose.guardianconduct.com/incident-reporting?incident_type=Bias , Discrimination, Harassment, Hate Crimes and Retaliation Form]. The AVP for HR or designee will also provide the complainant and the respondent with copies of this Policy for review.

   Even if a Covered Individual chooses not to file a complaint with the College, if the College knows, or reasonably should know, about a suspected incident of Discriminatory Practices, the College may choose to investigate the alleged conduct as a complaint under this Policy based on the circumstances.

   In addition to or instead of filing a complaint with the College, Covered Individuals who believe they are the victim of Discriminatory Practices may file a complaint with federal, state or local agencies as explained in detail in Section VII, below.

2. Anonymous Reports

   Anyone in the community is also encouraged to submit an anonymous report of Discriminatory Practices. Any information shared with the College will be useful in identifying and addressing experiences and patterns of Discriminatory Practices in our community. Reports can be filed at anonymous@strose.edu or by calling 518-454-5275.

   Once an individual discloses identifying information in a statement (verbal or written) about an alleged case of Discriminatory Practice(s) to a designated official or supervisor/area head, the AVP for HR will make an initial assessment to determine whether to consider the anonymous report as a complaint under this Policy.

   Factors that may influence the AVP for HR’s decision to treat an anonymous report as a complaint under the Policy include, but are not limited to the following: (1) whether the AVP for HR can identify the individual who made the report, the alleged respondent, or any other witnesses with knowledge of the incident; (2) whether any other facts or evidence was provided; (3) whether the alleged conduct is part of a pattern of conduct on campus; and   (4) whether the reporting party or alleged victim communicates that they are not interested in an incident-specific response.

   Even when an anonymous report is not treated as a complaint under this Policy, anonymous reports serve an important function for the College.  Anonymous reports are a tool for assessing campus climate with regard to diversity, inclusion, and equity issues. While some expressions of bias and other Discriminatory Practices may be overt, subtler forms of bias and other Discriminatory Practices often go unnoticed. Anonymous reports can help our community to recognize and address the intended and unintended ways in which our words and actions may affect others.

   Anonymous reports also allow the College to:

   1. Assist those directly impacted by bias and other Discriminatory Practices and work with reporting and /or targeted parties to determine the kind of response, if any, that would be helpful.
   2. Gather campus climate data regarding bias-motivated expressions and behaviors and other Discriminatory Practices on campus.
   3. Maintain an updated incident log of all reported incidents of bias and Discriminatory Practices, omitting all names and including a brief summary of the behavior/expression being reported.
   4. Communicate with the campus about specific incidents and/or campus climate trends, when deemed appropriate.
   5. Make data-informed policy recommendations.
   6. Recommend and assist with data-informed educational programming, largely in collaboration with other campus entities addressing equity and inclusion.
3. Reporting Obligations for College Employees
   All supervisors and managers who receive a complaint or information about suspected Discriminatory Practices, observe what may be Discriminatory Practices or for any reason suspect that Discriminatory Practices are occurring, are required to report such suspected Discriminatory Practices to the AVP for HR. All members of the College community have the responsibility to ensure a report is filed with the AVP for HR, who will work with appropriate campus officials and determine findings.

   In addition to being subject to discipline if they engaged in Discriminatory Practices themselves, supervisors and managers will be subject to discipline for failing to report suspected Discriminatory Practices or otherwise knowingly allowing Discriminatory Practices to continue.¹

   All employees of the College are responsible for keeping the College’s working and learning environment free from Discriminatory Practices. For that reason, if an employee observes or otherwise learns of conduct which may constitute Discriminatory Practices, the employee must report the conduct to the AVP for HR, even if the employee is not the victim of that conduct.

   [1] College employees who learn of alleged Discriminatory Practice(s) as a result of privileged communications with a student (e.g., through a counseling relationship) are exempted from this requirement.

4. Initial Assessment of the Complaint
   

   When the College becomes aware that Discriminatory Practices may have occurred, it is obligated by law to take prompt and appropriate action. Failure to do so is considered a violation of this Policy.

   Once a complaint of Discriminatory Practices has been made either in writing or orally, or observed Discriminatory Practices have been reported, the AVP for HR will make an initial assessment regarding (1) whether the complaint is facially valid (e.g. does it contain erroneous information, failure to state a claim, mistaken identity, etc.); (2) whether the complaint falls within the scope of the Policy, and (3) whether the complaint alleges sexual harassment, and must be handled under one of the College’s sexual harassment policies, rather than this Policy.

   If the complaint falls within the scope of the Policy, is not invalid, and does not allege sexual harassment, the AVP for HR will determine if they or the AVP for SD will conduct an intake call with the complainant to determine interim measures needed, expected outcomes and next steps. The AVP for HR or AVP for SD will coordinate interim measures with the appropriate departments.  Based on the expected outcomes, the AVP for HR or AVP for SD will contact the respondent to make them aware of the complaint, discuss interim measures, and review next steps, if any.

   If an investigation is needed, the AVP for HR or AVP for SD will select designee(s) to investigate the complaint who must be trained in investigation of and response to Discriminatory Practices and this Policy. The AVP for HR or AVP for SD may choose to designate an individual outside of the College to conduct the investigation under appropriate circumstances.

   If the AVP for HR, AVP for SD, or their adequately trained designee is involved in the alleged Discriminatory Practices, the President will be responsible for choosing an adequately trained designee to conduct the investigation. If the complaint is against the President or it would be inappropriate for the AVP for HR, AVP for SD or the President to choose an adequately trained designee to conduct the investigation, then the Chair of the Board of Trustees will make this designation.

   If a claim alleging sexual harassment is filed under this Policy, it will be referred to the Title IX Coordinator to determine which policy and procedure applies.

   If a complaint alleges a suspected violation of law, rule, regulation, or College policy, but does not allege a Discriminatory Practice, the College’s Whistleblower Policy [https://www.strose.edu/academics/registrar/policies-and-procedures/whistleblower-policy/] will apply. This Complaint, Investigation, and Disciplinary Procedure DOES NOT apply.

5. Interim Measures
   As soon as the College is aware of a complaint of a Discriminatory Practice, interim measures will be available to the complainant and respondent.  Interim measures may include:
   1. support services (victim advocacy, housing assistance, academic support, counseling, health and mental health services, legal assistance);
   2. changing work assignments and situations (for employees);
   3. changing living arrangements, on campus work arrangements, course schedules, assignments, or test schedules (for students);
   4. providing increased monitoring, supervision, or security; and
   5. providing an escort.

   No complainant is required to utilize these interim measures, but the College provides them in an effort to offer help and support. Such interim measures can be requested by a complainant or respondent, during the intake or by contacting the AVP for HR or AVP for SD. The College will protect the confidentiality of accommodations or protective measures provided to a complainant or respondent, to the extent that doing so will not impair the College’s ability to provide the accommodations or protective measures.

6. The Investigation
   Once the AVP for HR or the AVP for SD appoints a designee to investigate the complaint, which may include a third-party investigator, (the “Investigator”), the Investigator will conduct a complete, thorough, and impartial investigation, to determine whether, by a preponderance of the evidence, the alleged Discriminatory Practice(s) occurred.

   While the process may vary from case to case, the College’s investigation will be done in accordance with the following steps, to the extent practicable.

   1. The Investigator will meet with the appropriate individuals and review all appropriate records that relate to the case. The Investigator will take steps to obtain, review, and preserve documents sufficient to assess the allegation(s), including documents, e-mails or phone records that may be relevant to the investigation.
   2. The Investigator will discuss the allegations in the complaint with the complainant and respondent at separate meetings, and provide the complainant and respondent with equal opportunities to identify witnesses and present evidence supporting their respective positions at these meetings.
   3. The Investigator will provide the complainant and the respondent with the same opportunities for a non-attorney support person or non-attorney advisor of their choice throughout the process, including any meeting, conference, hearing or other procedural action.
   4. The Investigator will seek to interview all parties involved, including any relevant witnesses. The Investigator will seek to interview the complainant, respondent, and any identified witnesses or other individuals who may have knowledge about the matters in the complaint and any supporting documentation/evidence associated with the complaint.
   5. The Investigator will attempt, where appropriate, to resolve the complaint by exploring and suggesting possible alternative solutions to the problem with all involved parties. However, the complainant will not be required to participate in direct mediation with the respondent.
   6. The Investigator will use the College’s governing documents to assist in determining a decision and sanctions. These include but are not limited to employee handbook, faculty manual, student community standards, and policies.
   7. The Investigator will create a written report (letter, memo, or e-mail) of the investigation which contains the following:
      1. A summary of the complaint;
      2. A summary of the respondent’s response;
      3. A summary of the statements and evidence obtained during the investigation;
      4. A list of all documents reviewed, along with a detailed summary of relevant documents;
      5. A list of names of those interviewed, along with a detailed summary of their statements;
      6. A timeline of events;
      7. A summary of prior relevant incidents, reported or unreported;
      8. A decision on whether or not this Policy was violated with an explanation to support that recommendation;
      9. If the Investigator believes that a violation occurred, a statement about the severity of the violation; and
      10. A decision with respect to any disciplinary action that should be taken, together with any corrective action(s), and/or ongoing remedial measures.
      11. A draft letter to the complainant and the respondent.
   8. The written documentation and associated documents will be kept in a secure and confidential location.

      The time necessary to complete an investigation will vary depending upon the facts of a particular case. In most cases, investigations will be completed no later than ninety (90) calendar days (excluding holidays) of receipt of a complaint. If the investigation will take longer than ninety (90) calendar days, the investigator will inform the parties of the delay and the expected date when the investigation will be concluded.

7. Following the Investigation
   Once the report is finalized, the Investigator will provide a decision regarding responsibility and penalty.   The Investigator’s decisions will then be submitted to the following:
   • For employees other than faculty members: Vice President for Finance and Administration,
   • For faculty members: Provost and Vice President for Academic Affairs (“Provost”), [2] and
   • For students: Associate Vice President for Student Development.

   Sanctions for incidents of Discriminatory Practice(s) may take a variety of forms, depending upon the circumstances of a particular case. Among the disciplinary sanctions which may be imposed on students are the following: verbal warning, written reprimand, probation, restrictions, removal from housing, suspension and expulsion. The full range of student disciplinary penalties is set forth in the Student Community Standards.

   Among the disciplinary sanctions which may be imposed on employees are: verbal warning, written reprimand, informal counsel, formal counsel, required educational instruction, coaching or training, suspension without pay, and termination.

   Among the disciplinary sanctions which may be imposed on third-parties and covered individuals under the College’s Policies include but are not limited to the following: issuing a Persona Non Grata letter. Additionally, if the respondent is employed by a contractor on campus, the College may require the contractor to terminate the respondent’s employment in order to continue the contract.

   The Investigator will inform the involved parties in writing, of the outcome of the investigation, including the findings, the sanctions (if any) and the rationale therefor. Delivery of this outcome will not be delayed to either party, and should occur as nearly simultaneously as possible, without unnecessarily bringing those in conflict into close proximity to each other.

   A copy of the final decision is included in the Respondent’s personnel or student file only if the investigation concludes that the Respondent violated this Policy. All information pertaining to allegations and incidents under this Policy are maintained in secure files by the AVP for HR or the AVP for SD.

   Engaging in Discriminatory Practice(s) may also lead to civil and/or criminal action under state or federal law. Any employee who, in violation of this Policy, engages in any Discriminatory Practice, is acting outside the scope of their employment and may be personally liable for such actions and their consequences. In the event legal proceedings are commenced against such an employee, the College may decline to provide legal, financial or other assistance.

   If the investigation reveals that Discriminatory Practice(s) did occur, the College will take all appropriate remedial measures necessary to end such conduct, prevent any such future conduct, and correct any personnel or academic decisions made which are related to the prohibited conduct. Remedies may include, but are not limited to, continuing or commencing any of the above-listed “interim measures.” These remedies are separate from, and in addition to, any interim measures that may have been provided prior to the conclusion of the investigation. Such measures can be requested by a complainant, by contacting the AVP for HR.

8. Appeal for Students Only
   

   For student complainants and student respondents only, within three (3) calendar days (excluding holidays) of receipt of the final decision, student complainants and/or respondents wishing to appeal the decision may submit a written petition to the AVP for SD. The AVP for SD will share the appeal with the other party who may also wish to file a response.

   An appeal shall only be considered if the appeal meets one or more of the following grounds pertaining to the outcome of the investigation and is timely:

   1. • A procedural error occurred that substantially impacted the outcome of the investigation;
      • To consider new evidence, unavailable during the original investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included in the written petition; or
      • The sanctions imposed are substantially disproportionate to the severity of the violation.

   If the sanction results in a student being removed from housing, suspended, or dismissed from the College, the AVP for SD shall assign the appeal to a three (3) person Appeal Board to handle and issue a written decision regarding the appeal. In all other cases, the appeal will be assigned to the Designated Compliance Officer to decide the appeal.

   The Appeal Board or Designated Compliance Officer shall issue a written decision within ten (10) business days and shall share the outcome of the appeal simultaneously with both parties and include a written rationale for the decision. The Appeal Board or Designated Compliance Officer shall determine whether to (1) remand the matter to the Trained Investigator(s) for further investigation, (2) uphold the Investigator(s)’ finding and/or sanction, (3) overturn the Investigator(s)’ finding and/or sanction, and/or (4) modify the Investigator(s)’ finding and/or sanction.

Discriminatory Practices are not only prohibited by the College but may also be prohibited by state, federal, and, where applicable, local law.

Aside from the internal process at the College, employees may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.

1. New York State Division of Human Rights:
   The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to all colleges and employers in New York State with regard to discrimination, harassment, and retaliation, and protects students, employees, paid or unpaid interns and non-employees, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the Division of Human Rights (DHR) or in New York State Supreme Court.

   Complaints with DHR may be filed any time within three years of the discrimination or harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.

   Complaining internally to the College does not extend your time to file with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment.

   You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

   DHR will investigate your complaint and determine whether there is probable cause to believe that discrimination or harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If discrimination or harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop the discrimination harassment, or redress the damage caused, including paying of monetary damages, attorney’s fees and civil fines.

   DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call 718-741-8400 or visit: www.dhr.ny.gov.

   Go to dhr.ny.gov/complaint for more information about filing a complaint with DHR. The website has a digital complaint process that can be completed on your computer or mobile device from start to finish. The website has a complaint form that can be downloaded, filled out, and mailed to DHR as well as a form that can be submitted online. The website also contains contact information for DHR’s regional offices across New York State.

   Call the DHR sexual harassment hotline at 1-800-HARASS3 for more information about filing a sexual harassment complaint. This hotline can also provide you with a referral to a volunteer attorney experienced in sexual harassment matters who can provide you with limited free assistance and counsel over the phone.

2. The United States Equal Employment Opportunity Commission:
   

   The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An employee can file a complaint with the EEOC anytime within 300 days from the most recent incident of harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred. If the EEOC determines that the law may have been violated, the EEOC will try to reach a voluntary settlement with the employer. If the EEOC cannot reach a settlement, the EEOC (or the Department of Justice in certain cases) will decide whether to file a lawsuit. The EEOC will issue a Notice of Right to Sue permitting workers to file a lawsuit in federal court if the EEOC closes the charge, is unable to determine if federal employment discrimination laws may have been violated, or believes that unlawful discrimination occurred but does not file a lawsuit.

   Individuals may obtain relief in mediation, settlement, or conciliation. In addition, federal courts may award remedies if discrimination is found to have occurred.

   The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.

   An employee alleging discrimination at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), 1-800-669-6820 (TTY for Deaf/Hard of Hearing callers only), 1-844-234-5122 (ASL Video Phone for Deaf/Hard of Hearing callers only), or visiting their website at www.eeoc.gov or via email at info@eeoc.gov.

   If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.

   Contact information for the EEOC office with jurisdiction over Albany County is as follows:

   United States Equal Employment Opportunity Commission (“EEOC”):
   Buffalo Local Office
   Olympic Towers
   300 Pearl Street, Suite 450
   Buffalo, NY 14202

   Director: Maureen Kielt

   Regional Attorney: Jeffrey Burnstein

   Phone: 1-800-669-4000

   Fax: 716-551-4387

   TTY: 1-800-669-6820

   ASL Video Phone: 844-234-5122

   Online: https://www.eeoc.gov/employees/howtofile.cfm

3. Local Protections

   Many localities enforce laws protecting individuals from harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists.  Individuals wishing to contact the Albany County Division of Affirmative Action for information may do so by calling 518-447-5510.

4. Office of Civil Rights
   

   In addition, an employee or student who believes they are the victim of Discriminatory Practices may file a complaint with the United States Department of Education’s Office for Civil Rights (“OCR”).

   The contact information for OCR’s headquarters is as follows:

   400 Maryland Avenue, SW, Washington, DC 20202-1100
   Customer Service Hotline #: 1-800-421-3481

   Fax: 202-453-6012
   TTY#: 1-800-877-8339

   Email: OCR@ed.gov

   Web: http://www.ed.gov/ocr

   The OCR office with jurisdiction over New York State can be contacted as follows:

   United States Department of Education’s Office for Civil Rights (“OCR”):
   New York Office
   Office for Civil Rights
   U.S. Department of Education
   32 Old Slip, 25th Floor
   New York, NY 10005-2500

   Telephone: 646-428-3800

   Fax: 646-428-3843

   E-mail: OCR.NewYork@ed.gov

   Online: https://www2.ed.gov/about/offices/list/ocr/complaintintro.html

   Complaints may be filed to OCR by:

   • Mail or Facsimile: Complainants may mail or send a complaint by facsimile a letter to the New York Office address and fax listed above.
   • E-mail: Complainants may file a complaint to the following e-mail address: ocr@ed.gov.
   • Online: Complainants may file a complaint with OCR using OCR’s electronic complaint form at the following website: https://www2.ed.gov/about/offices/list/ocr/complaint intro.html.

   Information about how to file a complaint in other languages can be accessed here: https://www2.ed.gov/about/offices/list/ocr/docs/howto-index.html.

5. Contact the Local Police Department
   If the alleged incident involves a crime, the conduct may constitute a crime. Contact The College of Saint Rose Security at 518-454-5187 or contact the local police department; Albany Police Department number is 518-458-5660

   If a hate crime is reported, the College shall notify the appropriate law enforcement agency as soon as practicable but in no case more than twenty-four (24) hours after the hate crime is reported. The College’s response to a hate crime is coordinated with local law enforcement agencies. The College has written agreements with appropriate local law enforcement agencies providing for the prompt investigation of such crimes and reports.

The College’s website Campus Safety Report and Policies [https://www.strose.edu/student-development/security/campus-safety-report-and-policies/] includes information on how to access the campus crime statistics that are filed annually with the United States Department of Education, as required under Title 20 of the U.S. Code Section 1092(f). The information on the College’s website includes the United States Department of Education’s website address for campus crime statistics [https://www.strose.edu/student-development/diversity-inclusion/hate-crime-report/] and a link to statistics for that College [https://www.strose.edu/student-development/diversity-inclusion/hate-crime-report/]. The College reports and posts incidents of hate crime offenses as separate, clearly designated categories on the website.  Students and prospective students are informed of the existence of the campus crime statistics and other campus safety policies and procedures as part of the College’s onboarding process.

• the applicable laws, ordinances, and regulations on bias related crime, including the provisions and coverage of the New York State Hate Crimes Act of 2000 codified in Article 485 of the penal law;
• the penalties for commission of bias-related incidents and hate crimes;
• the procedures in effect at the college for dealing with bias-related incidents and hate crimes;
• the availability of counseling and other support services for the victims of bias-related incidents and hate crimes;
• the nature of and common circumstances relating to bias-related incidents and hate crimes on college campuses; and
• the methods the college employs to advise and to update students about security procedures.

[1] College employees who learn of alleged Discriminatory Practice(s) as a result of privileged communications with a student (e.g., through a counseling relationship) are exempted from this requirement.

[2] Provided, however, that if the Provost determines that the appropriate sanction for a tenured faculty member is termination, such termination will be subject to the terms of Section 3.2 of the Faculty Manual.