College of Staten Island The City University of New York
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Office
of Diversity and Compliance
Complaint Procedures How to Proceed A job applicant, employee, or former employee who wishes to make a complaint alleging discriminatory treatment, equal employment opportunity, sexual harassment, reasonable accommodations for disabilities, and retaliation for filing such a complaint may consult with the Director of the Office of Diversity and Compliance (ODC): Kevin L. Antoine, JD Responsibility of Supervisors Any vice-president, dean, director, department chairperson, administrator, or other person with managerial or supervisory authority who becomes aware that applicants or employees believe that they been discriminated against should advise those applicants or employees to their right to contact the Office of Diversity and Compliance. In addition managers and supervisors who become aware of allegations of discriminatory conduct must forward that information to ODC. Employees have the right to meet privately with ODC during working hours; however; they should obtain approval for leaving a work assignment. Employees need not disclose the details of the purpose of a meeting with the ODC to their supervisor. In other words, complaints of discrimination need not go up the normal chain of command. Managers and supervisors shall allow employees to meet with ODC at the earliest practicable time consistent with the operational needs of their units. ODC may arrange to meet with an employee outside the college when necessary in order to ensure confidentiality. At an employee's request, arrangements may also be made to hold meetings before or after working hours or during the employee's lunch period. The initial consultation provides an opportunity for ODC to learn the general nature of the employee's allegations and to determine whether those allegations would, if demonstrated to be true, violate any law, regulation, or policy related to equal employment opportunity or affirmative action. If the facts presented do not point to any violation of law, regulation, or policy related to equal employment opportunity or affirmative action, the complainant will be so advised. ODC, whenever possible, will provide information about other college or CUNY offices that might provide guidance or assistance to the employee. There may be circumstances in which ODC initiates an investigation of a matter that has come to the attention of the college even when no specific complaint has been made. Using the Grievance Procedure In lieu of consulting with ODC, employees who are covered by collective
bargaining agreements may use their contractual grievance procedures,
within the time limits provided in those agreements, to report
allegations of discrimination. Employees Using External Agencies Although The College of Staten Island would prefer having the opportunity to investigate allegations of discrimination internally and do remedy situations where the law, college, or CUNY policies have been violated, a complainant may, at any time, file a complaint of discrimination with a city, state or federal administrative agency that enforces the law prohibiting discrimination. The names and contact information for such agencies are included below. Pursuing a Complaint with ODC. After consultation with ODC, if it has been determined that a violation may have occurred, the complainant will be informed of options available for subsequent action. These options may fall into two main categories:
Alternative Dispute Resolution (ADR) The objective of this option is to stop the behavior or action
that forms the basis for the complaint of illegal discrimination
without the college's engaging in a full investigation or making
a finding as to whether discrimination has occurred. This option
will be recommended if ODC and the complainant agree that this
approach has the potential to address the allegation(s). A decision
to proceed through the ADR channel does not preclude a subsequent
investigation if the complaint cannot be resolved through ADR.
Possible resolutions through ADR include, but are not limited
to: the complainant taking steps to resolve the complaint on her
or his own without intervention by ODC or a college official;
or having complaint resolution activities facilitated by ODC or
another appropriate college official. Internal Complaint Investigation A full investigation of a discrimination complaint can occur when: 1. ODC determines, upon review of a complaint, that an investigation
is warranted, or Any employee wishing to pursue an investigation is encouraged to file a written complaint with the ODC. When a complainant is unwilling or unable to file a written complaint, ODC will nevertheless investigate the complaint, based on the complainant's oral statements, as soon as possible after ODC receives a complaint. The appropriate parties will be notified that a complaint has been filed and that an investigation has begun. If an investigation of a complaint requires it, ODC shall have the authority to request and examine relevant records and files and to make inquiries necessary to investigate the complaint. All employees of the college are expected to cooperate with the investigation. Anonymous complaints will be investigated, to the extent possible, as any other complaint to ascertain the existence of illegal discrimination and to remedy the problem, if necessary. Possible Outcomes of an Internal Investigation Finding that the allegations are not supported by the facts. In the event that the investigation uncovers no reasonable basis for the allegations of discrimination, the complainant, the president, and all other appropriate parties will be notified of such outcome in writing. At that time, the complainant will be notified of options available to her or him. Finding that the allegations are supported by the facts. When the allegations of discrimination are substantiated by the facts, the ODC shall make a written summary of the findings for the president. Following receipt of the report, the president shall promptly take such action as she or he deems necessary and proper to correct the effects or to prevent further harm to an affected party or others similarly situated. Examples of corrective action include, but are not limited to, commencing disciplinary proceedings that could result in discharge, issuing verbal warnings, transferring an employee, and/or granting a benefit wrongfully withheld. The college's action will vary from case to case and will depend upon the degree and type of violation that has occurred. If, before an investigation is fully completed, the president feels immediate action must be taken to protect the college community, she or he may do so. Withdrawal of Complaint The complainant has the right to request that the investigation be terminated at any stage of the process; however, the ODC may not terminate an investigation when there is evidence that the law or a CUNY or The College of Staten Island policy has been violated. In such an instance, the investigation must continue until a finding is made. If an investigation is terminated at the request of a complainant, however, all parties will be notified in writing of the termination. Confidentiality This procedure seeks to protect the privacy of persons making inquiries about their rights as well as the rights of persons otherwise involved in an investigation. Therefore, while it is not possible to provide absolute confidentiality, the entire complaint, investigation, and resolution process will be handled discreetly. Information concerning the process will be divulged only on a need-to-know basis. All parties to the process are requested to adhere to a similar standard of discretion. Record Keeping The ODC will maintain records of all complaints of discrimination whether they are processed through ADR, an internal investigation, or by an outside agency. Retaliation Prohibited It is a violation of federal, state, and city law, as well as college policy, to retaliate against any person for opposing discrimination, filing a complaint, or participating in a proceeding to determine if discrimination has occurred. Complaints of retaliation will be investigated and a finding reached. Where findings warrant, appropriate disciplinary action will be taken. Time Limits Applicants and employees are encouraged to consult with the ODC as soon as they become aware of an alleged violation. Delays in reporting allegations may impair the ability of the ODC to conduct a proper investigation and reach a resolution. Thus, employees are encouraged to report allegations immediately. Also, time limits, some of which are extremely short, apply when filing complaints with external agencies or when filing grievances under collective bargaining agreements. Those administrative agencies and/or labor relations representatives should be consulted directly for time limits and other filing requirements (see below). External Agencies Where a Complaint May Be Filed All applicants, employees, or former employees seeking to file a discrimination complaint are encouraged to file such complaint internally with the ODC; by contacting the ODC, a person does not forfeit her or his right to file an external complain with an administrative agency handling discrimination complaints. Once such an agency has intervened in a complaint, the ODC Office will surrender jurisdiction of the matter to the CUNY Office of the General Counsel, which will take over administration of the complaint. The following external administrative agencies enforce laws prohibiting discrimination. Each agency has a time limit governing the filing of complaints. Agencies should be contacted directly for information pertaining to filing a complaint. New York City Commission on Human
Rights New York State Division of Human Rights U.S. Equal Employment Opportunity
Commission (EEOC) U.S. Office of Civil Rights, Region
II U. S. Department of Justice |
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