Complaint Procedure for Review of Allegations of Unlawful Discrimination/Harassment

Overview
Stony Brook University, in its continuing effort to seek equity in education and employment and consistent with Federal and State anti-discrimination legislation, has adopted a complaint procedure for the prompt and equitable investigation and resolution of allegations of unlawful discrimination on the basis of race, color, national origin, religion, age, sex, sexual orientation, disability, veteran status or marital status. Harassment on the basis of any of the above-protected categories is one form of unlawful discrimination. Conduct that may constitute harassment is described in Appendix A. For more detailed information contact the Office of Diversity and Affirmative Action.

This Complaint Procedure for the Review of Allegations of Unlawful Discrimination provides a mechanism through which the University may identify, respond to, prevent and eliminate incidents of illegal discrimination. The University recognizes and accepts its responsibility in this regard and believes that the establishment of this internal, non-adversarial grievance process will benefit student, faculty, staff and administration, permitting investigation and resolution of problems without resorting to the frequently expensive and time-consuming procedures of State and Federal enforcement agencies or courts.

This process has been developed in accordance with guidelines and recommendations provided by the Chancellor’s Office of Affirmative Action and are administered by the University’s Office for Diversity and Affirmative Action. The Affirmative Action Officer directs that office and reports directly to the Assistant Vice President for Special Initiatives and the University President. These procedures have been approved by the State University of New York, Office of the University Counsel. These procedures are intended to balance the rights of those bringing complaints of discrimination, harassment, and retaliation (the "Complainant") with those against whom such claims are brought (the "Respondent"). Throughout these procedures the “parties” shall refer to the Complainant, Respondent, and witnesses involved in the complaint.

This procedure may be used if the Complainant or Respondent is a Stony Brook student or a State or Research Foundation employee. Employee grievance procedures established through negotiated contracts, academic grievance review committees, student disciplinary grievance boards and any other procedures defined by contract will continue to operate as before. Nor does this procedure in any way deprive a Complainant of the right to file with outside enforcement agencies, such as the New York State Division of Human Rights, the Equal Employment Opportunity Commission, the Office for Civil Rights of the United States Department of Education and the Office of Federal Contract Compliance of the United States Department of Labor. Contact information for these agencies is listed in Appendix B. More detailed information may be obtained from the Office of Diversity and Affirmative Action.

Complainant is not required to pursue the Stony Brook internal procedure before filing a complaint with a State or Federal agency. In addition, if the Complainant chooses to pursue the Stony Brook internal procedure, the Complainant is free to file a complaint with the appropriate State or Federal agency at any point during the process. Upon filing with an external agency, however, the Stony Brook internal complaint may be referred to the Office of the University Counsel for review, defense or, if deemed appropriate by Counsel, involvement in mediation, conciliation or settlement with the external agency where the complaint was filed, or such other actions as may be in the interests of the University, including the termination of this internal process.

During any portion of the procedures detailed hereafter, the parties shall not employ audio or video taping devices.

To the extent practicable, all aspects of the investigation conducted in accordance with these procedures will be confidential. All affected parties shall cooperate fully in the investigation and shall maintain and preserve the confidentiality of the investigation. All parties are required to refrain from engaging in any retaliatory action in relation to the complaint(s) and/or by responses to such complaint(s).

State Employee, Research Foundation*, and Students Intake complaint Forms (Spanish/English)

*Research Foundation Employees Procedure please click here followed by instrutions.