Discrimination/Harassment Complaint Policy & Procedure For Students

Policy On Non-Discrimination
In compliance with Title VI and Title IX of the Education Amendments Act of 1972, Section 504 of the Rehabilitation Act of 1973 and other applicable federal, state and local laws, The Sage Colleges does not discriminate on the basis of race, color, gender, sexual orientation, age, religion, national origin, marital status, Vietnam era veteran status, or physical or mental disability, in any aspect of its admissions or financial aid programs, educational programs and related activities, or with respect to employment and advancement in employment.

Caryn Kent, Director of Human Resources, is the individual designated by the College to coordinate its efforts to comply with Title VI, Title IX, and other applicable nondiscrimination laws and regulations. Katherine Norman, Director of Disability Services, is the individual designated by the College to coordinate its efforts to comply with Section 504. Questions or concerns regarding the scope and application of The Sage Colleges nondiscrimination against individuals with disabilities should be directed to The Sage Colleges Section 504 Compliance Officer, Katherine Norman, Director of Disability Services, Third Floor of the Albany Library and Hart Hall, The Sage Colleges 518-292-8624, 518-244-2208. Questions or concerns regarding the scope and application of the remainder of The Sage Colleges nondiscrimination policy should be directed to The Sage Colleges Title IX Coordinator and Affirmative Action Officer, Caryn Kent, Director of Human Resources, Plum III, The Sage Colleges, 518-244-2391.

Policy on Harassment
The Sage Colleges is committed to providing a work and learning environment that is free from harassment by anyone based on an individual’s race, color, gender, sexual orientation, age, religion, national origin, marital status, Vietnam era veteran status, physical or mental disability, or based on the fact that the individual has engaged in activity protected by federal or state laws prohibiting discrimination. Prohibited harassment of any sort, whether verbal, physical or visual, will not be tolerated. The Colleges policy on Sexual Assault, issued pursuant to 34 C.F.R. Part 668, may be found at page 7 of this Handbook.

What Is Prohibited Harassment?
Prohibited harassment is a form of discrimination. In general, it can consist of words, signs, jokes, pranks, intimidation, or physical violence based on the protected characteristics of an employee or student, which alters the work or educational environment of that employee or student. While the most well known type of prohibited harassment is sexual harassment, applicable laws and/or this policy also prohibit harassment based on an individuals’ race, color, sexual orientation, age, religion, national origin, marital status, or physical or mental disability. In addition, retaliatory harassment resulting from the fact an individual has engaged in 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 Sage Colleges campuses. Harassment of students who are working or studying outside the campus proper is prohibited as well. The College is committed to preventing and correcting all such harassment, not just harassment which is severe or pervasive enough to provide the basis for a claim under federal or state law.

Sexual Harassment
Sexual harassment may involve the exploitation of an unequal power relationship (for example, between employee and supervisor or between a student and teacher), or may occur between student peers or employees of equal rank. At The Sage Colleges, sexual harassment also constitutes unprofessional conduct which compromises the Colleges commitment to the pursuit of learning. The Sage Colleges will not tolerate any form of sexual harassment.

Harassment on the basis of sex is discrimination which violates Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments Act of 1972 and the New York Human Rights Law. Prohibited sexual harassment includes, but is not limited to, unwelcome: sexual advances flirtation propositions verbal remarks of a sexual nature (whether directed to an individual or a group) vulgar language sexually explicit or offensive jokes and comments of a sexual nature about an individual or an individuals’ appearance sexually suggestive visual displays, such as cartoons, posters or calendars physical contact or physical assault. Sexual harassment is not limited by the gender of either party. Nor is it limited to supervisor-subordinate or teacher-student relationships.

Unwelcome conduct of a sexual nature violates the law when it creates an intimidating hostile or offensive work or educational environment, and/or where acceptance or rejection of unwelcome sexual advances is the basis for making an academic or a personnel decision. However, this policy prohibits all forms of sexual harassment, regardless of whether the harassment may give rise to a legal claim.

Other Types of Harassment
Prohibited harassment on the basis of race, color, sexual orientation, age, religion, national origin, marital status, or physical or mental disability, or any other protected basis, includes behavior similar to sexual harassment, such as: verbal conduct, such as threats, epithets, derogatory comments, or slurs visual conduct, such as derogatory posters, photographs, cartoons, drawings, or gestures and physical conduct, such as assault, unwanted touching, or blocking normal movement. The Sage Colleges will not tolerate any such harassment.

Reporting Prohibited Harassment
Each student and employee of The Sage Colleges has an obligation to report discrimination and prohibited harassment to an appropriate College official. Any student who believes he or she is the victim of discrimination or prohibited harassment should report it to any Compliance Officer. The identities of these individuals are provided at the end of this policy.

Alternatively, any student who believes he or she has been the victim of harassment based on sex may utilize the Title IX complaint procedure described in this Handbook. A student who believes he or she has been harassed on the basis of a disability may also utilize the Section 504 complaint procedure described in this Handbook.

Investigation of Complaints
When the College becomes aware that discrimination or prohibited harassment may exist, it is obligated by law to promptly investigate and to take prompt and appropriate action. Failure to investigate allegations of discrimination or prohibited harassment or failure to take timely corrective action is considered a violation of The Sage Colleges Discrimination/Harassment Policy & Procedure.

Once a complaint of discrimination or prohibited harassment has been made either in writing or orally by a student, or observed discrimination or harassment of a student has been reported, The Director of Human Resources or his or her designee will promptly conduct a complete, thorough and impartial investigation of the complaint. If the Director of Human Resources is involved in the alleged discrimination or harassment, another person will be designated by The President to conduct the investigation. In addition, while the investigation is being conducted, appropriate intermediate steps to end the discrimination and/or harassment will be taken.

The time necessary to complete an investigation will vary depending upon the facts of a particular case. In most cases, investigations will be completed within seven to ten business days of receipt of a complaint. After completing the investigation, both the complainant and the individual alleged to have engaged in discrimination and/or harassment will be informed of the conclusions reached by the investigator.

Confidentiality
The Sage Colleges will, to the extent possible, maintain confidentiality with respect to complaints of discrimination and prohibited harassment. However, there is no such thing as an unofficial complaint of discrimination or harassment. 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.

1 College employees who learn of alleged discrimination or prohibited harassment as a result of privileged communications with a student (e.g., through a counseling relationship) are exempted from this requirement.

Remedial Measures
If the investigation reveals that discrimination and/or prohibited harassment did occur, the College will take all appropriate measures necessary to end the discrimination and/or harassment, prevent future discrimination and harassment, and correct any personnel or academic decisions made which are related to the discrimination/harassment.

Prohibition of Retaliation
It is a violation of federal and state law and this policy for any employee to retaliate against any student who has in good faith made a complaint of discrimination or harassment, or who has participated in the investigation of such a complaint. This prohibition extends to all forms of adverse treatment resulting from an individuals’ opposition to discrimination or participation in the investigation of a complaint. A student who does so will be subject to discipline up to and including dismissal from The Sage Colleges. Any employee who engages in retaliatory behavior will be subject to discipline, up to and including discharge.

Discipline
The Sage Colleges takes complaints of discrimination and prohibited harassment with the greatest seriousness. For that reason, any individual who is found to have engaged in conduct which violates this policy will be subject to discipline. That discipline may take a variety of forms, depending upon the circumstances of a particular case, and may include termination of employment for faculty and staff. For students, discipline may include dismissal from The Sage Colleges.

Compliance Officers
The Sage Colleges has appointed certain individuals as Compliance Officers. The Compliance Officers are responsible for receiving complaints of discrimination and harassment and for assisting in the resolution of those complaints. In addition, Compliance Officers are responsible for being proactive in creating an atmosphere which will inhibit discrimination or harassment. Complaints of harassment and/or discrimination should be directed to the following persons.

SECTION 504 AND TITLE IX COMPLAINT PROCEDURE

Any student who believes he or she has been discriminated against with respect to access to or participation in the Colleges educational programs or activities or harassed on the basis of his or her sex, or a disability protected by Section 504 of the Rehabilitation Act may utilize the following complaint procedure. This procedure applies to complaints alleging discrimination and/or harassment by employees, other students, or third parties. Student complaints of sexual or disability-based harassment or discrimination may be made under this complaint procedure, or under The Sage Colleges Discrimination/Harassment Complaint Policy & Procedure.

• The Sage Colleges objective, as a college, is to resolve conflicts to the satisfaction of all parties involved through informal, internal mechanisms, whenever possible. In accordance with this objective, students are encouraged to utilize the appropriate chain of supervision to seek relief or redress before filing a complaint of discrimination/harassment as outlined below. In the academic setting, this means the instructor, division chair, Dean, or Provost for complaints related to a students’ experience outside the classroom, this means the person responsible for the student activity, the director of the related Student Life unit, one of the Deans of Students, or the Vice President of Student Life. STUDENTS ARE NOT REQUIRED TO USE THIS INFORMAL PROCESS AND HAVE THE RIGHT TO END THE INFORMAL PROCESS AT ANY TIME.
• A student or applicant who wishes to file a formal complaint of discrimination or harassment must do so with the Section 504 Compliance Officer (for disability related complaints) or the Affirmative Action Officer (AAO) (for all other complaints). When meeting with the Section 504 Compliance Officer or AAO to do so, the complainant will be given a written form to be completed. The Section 504 Compliance Officer or AAO will provide the complainant and respondent with copies of The Sage Colleges Discrimination/Harassment Complaint Policy & Procedure.
• If rape, sexual assault or other criminal assault is alleged, the AAO will turn the complaint over to the Director of Public Safety, who will contact the appropriate external authorities and assist in their investigation as needed.
• In all other cases, the Section 504 Compliance Officer or AAO will investigate the complaint and attempt to resolve the complaint informally. The time necessary to complete an investigation will vary depending on the facts of a particular case. In most cases, investigations will be completed within seven to ten days of receipt of a complaint.
• In investigating the complaint, the Section 504 Compliance Officer or AAO shall:
• 1. Investigate the complaint by meeting with the appropriate individuals and reviewing all appropriate records that bear on the case.
  2. Discuss the allegations in the complaint with the complainant(s) and respondent(s) separately. At these meetings, the complainant and respondent will have the opportunity to identify witnesses and present evidence supporting their respective positions.
  3. Attempt, where appropriate, to resolve the complaint by exploring and suggesting possible solutions to the problem with all involved parties.
  4. If the preceding step does not resolve the problem, the Section 504 Compliance Officer or AAO shall make and transmit a determination of probable or no probable cause in the matter of the allegation of discrimination/harassment to the complainant, the respondent, and the senior officer for the unit in which the respondent is employed (or the President if the respondent is a senior officer).
  5. If probable cause has been determined, the responsible senior officer will impose appropriate discipline within ten days of receipt of the Section 504 Compliance Officers or AAOs determination. That discipline may take a variety of forms, depending on the circumstances of a particular case, and may include termination of employment for faculty and staff. For students, discipline may include dismissal from the College.
• In the event that the determination of probable cause or no probable cause is disputed by either of the parties, or in the event that the action taken by the responsible senior officer to resolve a complaint is not satisfactory to one or both of the parties, the matter will be referred to an Appeal Board appointed by the President to examine the record of the complaint, the process by which it was investigated, and the nature of its resolution, and to make recommendation as to further action, if warranted.
• 1. The membership of the Appeal Board will vary depending on the circumstances of the particular case and will be constituted from among the various campus constituent groups. The Council of Faculty each year identifies four fulltime faculty members who are willing and prepared to serve in this capacity the Director of Human Resources identifies four members of the hourly staff and the Provost and the Vice President for Finance and Administration together identify four administrators who can be called upon to serve. In cases involving students, the Vice President of Student Life, in consultation with the Deans of the Colleges or the Deans of Students as appropriate, will identify appropriate student representatives. No Appeal Board shall be constituted with fewer than five nor more than nine members.
  2. Any individual approached to serve on an Appeal Board in a situation where he or she cannot be impartial is expected to identify such conflict and decline to serve. If those eligible to serve on the Appeal Board are not sufficient to reach the required minimum membership, the President will seek additional representatives from the appropriate constituent group(s) by the normal means for that group.
  3. The AAO convenes the Appeal Board and attends its meetings, but will not have a vote. The Board itself, once it is convened, will elect a Chair for the duration of the appeal.
  4. Any appeal must be filed with the AAO, in writing, by either the complainant or the respondent, within ten days of receipt of the AAOs determination or the senior officers imposition of discipline. The appeal must make clear the reasons why the outcome of the investigation and resolution is not satisfactory. The AAO provides copies of the appeal to the other party involved in the complaint, the senior officer involved, and to the President.
  5. The President appoints the Appeal Board from among those eligible to serve, and the AAO convenes the Board on a date and at a time convenient to all parties and provides the Board with all documents pertaining to the complaint. When first convened, the Board will elect its Chair.
  6. The AAO presents the complaint as originally filed, describes the means by which he or she investigated it, and the basis for the determination.
  7. If the disciplinary action imposed is the subject of the appeal, the senior officer involved will describe the reasoning behind such actions.
  8. The party bringing the appeal will describe the basis for the appeal and the responding party will be given the opportunity to comment. Both parties will have the opportunity to present witnesses, or documentary or other evidence that was not previously considered, if such exists.
  9. After its hearings are concluded, the Appeals Board recommends that the President either accept, reject, or modify the resolution of the complaint.
  10. The President should reach a decision on the disposition of the case within ten days of receiving the Appeal Boards recommendation.
  11. All discussion, material and testimony used in the appeal process is strictly confidential and those serving on the Appeal Board must agree to respect this principle. The Presidents’ decision is final.
• In the event that a complaint is filed against a person who has a major responsibility under these procedures, the AAO will consult with the President, who shall determine any appropriate changes in procedures, and inform both the complainant and the respondent of such changes in writing. In the event that a complaint is filed against the President, the Chair of the Board of Trustees will discharge the Presidents responsibility under these guidelines.