OEA Complaint Investigation Processes

The Office of Equity and Accesss has developed a neutral complaint process that provides equitable treatment of all parties involved.  Stony Brook University, Stony Brook Medicine, and the Long Island State Veterans Home (LISVH) have worked in partnership to develop this process that is in compliance with federal, state, and union guidelines.  

Questions about our process may be sent to reportIt@stonybrook.edu.

Student Process

Investigation, Hearing & Appeal

Stony Brook University is committed to fostering diverse and inclusive educational and recreational environments that are safe
and accessible, and free from all forms of discrimination, discriminatory harassment and sexual harassment, including nonconsensual sexual contact, sexual violence, dating/domestic violence, stalking and retaliation toward any individual(s) who reports or participates in the investigation of any alleged incident of sex and/or gender based discrimination. Such behavior is prohibited, as it violates this Code and Title IX of the Education Amendments of 1972. This Policy sets forth the manner in which an allegation of discrimination based on sex/gender, (which includes sexual harassment, non-consensual sexual contact, dating/domestic violence, stalking, and retaliation) will be addressed by the Office of University Community Standards in consultation with the Title IX Coordinator and/or Title IX Investigator. The University takes all complaints of sexual misconduct very seriously and will respond to all allegations brought to its attention. The detailed process for handling sexual misconduct complaints can be found in the Code of Student Responsibility, Section VII. Sexual Miscondcut Policy and Procedure and Section VIII. Title IX Grievance Policy and Procedure.  

There are 7 basic steps to the Investigation, Hearing, & Appeal Process: Notice, Review, Investigation, Charges, Hearing, Determination, and Appeal.

Step 1: Notice of Incident

• Reporting: Incidents can be reported via www.stonybrook.edu/reportit, by emailing reportit@stonybrook.edu, by phone (631.632.6280), fax (631.632.9428), or in person at 201 Administration.

• Information Conveyed: Information is shared with other offices as necessary, including the Office of Equity & Access (OEA), Employee and Labor Relations (LR), Student Conduct and Community Standards (SCCS), and University Police (UPD).

• Complainant Interview: The complainant is interviewed by a Sexual Misconduct Investigator and/or SCCS to discuss options. Options include filing a formal complaint, reporting the incident with no further action, or reporting to law enforcement (UPD).

• Advised of Rights & Resources: The complainant is provided a Sexual Misconduct Resource Form, advised of available interim and supportive measures, informed of the prohibition of retaliation, and given information about a Navigator and the Bill of Rights.

Step 2: Preliminary Review

• Is this an OEA Matter?

  • If NO: OEA refers the matter to other office(s) as appropriate. OEA closes the case, and the process is complete.

  • If YES: Interim and supportive measures will be implemented as appropriate, and SCCS will provide notice of these interim measures to both parties.

Step 3: Comprehensive Investigation

• The Investigation: Notice is given to all parties. All parties and relevant witnesses are interviewed, and all available evidence is collected and reviewed.

• Substantiated? Charges Issued?

  • If NO: Notice is given to all parties, OEA closes the case, and the process is complete. (Note: When evidence does not merit charges but concerns or escalating behavior remain, OEA or SCCS may request one or both parties to attend a Conduct Conference).

  • If YES: Charges will be issued. Student respondents are referred to SCCS, and employee respondents are referred to LR.

Step 4: Charges Issued

• Notice to All Parties: Includes an offer of a Waiver of Right to a Hearing.

• The Waiver: The waiver includes the respondent accepting responsibility and a proposed sanction.

• Waiver Accepted?

  • If YES: The process is complete. Notice is given to other parties, and SCCS closes the case. The respondent cannot appeal an accepted waiver.

  • If NO: The case will proceed to a hearing.

Step 5: Hearing

• Both Parties Present Case: All parties will have the opportunity to review the investigative report before the hearing. The hearing includes opening statements, witnesses & evidence, cross-examination, and closing statements.

• Ground Rules for Hearing: * All questions, witnesses, and evidence must be relevant to the incident and alleged violation.

  • Prior mental health and sexual history will not be admitted except as required by Federal regulation.

  • Prior disciplinary history of the respondent will not be considered for purposes of determining responsibility.

  • The Hearing Officer may dismiss questions or evidence as improper.

Step 6: Determination

• Was the Respondent Found Responsible?

  • If NO: The respondent is deemed Not Responsible. An appeal is available, but the main process is complete.

  • If YES: Prior disciplinary history may be considered to determine an appropriate sanction. Transcript notations may be made. An appeal is available, and the main process is complete.

Step 7: Appeal

• Grounds for Appeal: 1. Significant Procedural Violation. 2. Substantial new information in support or defense of the violation. 3. Sanctions imposed are substantially disproportionate to the severity of the violation.

• Appeal Rules: All parties have the right to appeal. Notice is sent to all parties. Appeals must be submitted in writing within 7 calendar days of the Notice of Determination.

• Decision Upheld?

  • If NO: The case is remanded or modified. Notice is sent to all parties, and the process is complete.

  • If YES: The appeal is denied. Notice is sent to all parties, and the process is complete.

Questions & Contact Information

• More Information: Full details on Stony Brook University's Sexual Misconduct Policy and Procedure, as well as the Title IX Grievance Policy and Procedure, can be found in the Code of Student Responsibility

• Contact Emails: oea@stonybrook.edu or communitystandards@stonybrook.edu

• Website: Stony Brook Office of Equity and Access ReportIt

Employee Process

Investigation & Referral 

Step One: Review Inquiry, Report or Complaint

• Review allegations(s).
• Assign investigator, as appropriate.
• Implement Interim Measures, as appropriate.
• Contact other offices, as appropriate (ex. Employee
  and Labor Relations or University Community
  Standards).

Step Two: Initial Complaint Interview

• Review allegations(s).
• Identify relevant witnesses and other available and
  relevant information in support in of the allegation.
• Review OIDE process and applicable Stony Brook
  University policies. Review rights of parties and
  resources available.

Step Three: Comprehensive Investigation

• Interview and review allegations with Respondent(s).
• Interview relevant and available witnesses.
• Review other relevant information in support or
  defense of allegation(s).

Step Four: Determination

Substantiated Allegation:

• Employee Respondent - refer to Employee and Labor Relations and/or Human Resources.
• Student Respondent - refer to University Community Standards.
• 3rd party Respondent- refer to another office as appropriate.

Unsubstantiated Allegation:

• OIDE may make recommendations when appropriate.
• OIDE closes case.

Step Five: Disciplinary Process

When the Respondent is an employee, a substantiated allegation will be referred to the Labor Relations for the appropriate Disciplinary Process, governed by the applicable collective bargaining and or employment agreement:
Members of the following Unions, CSEA, CWA/GSEU, NYSCOPBA, NYSPIA, PEF, and UUP: please refer to your individual contract for the appeals process.
Research Foundation (RF) Employees: please contact West Campus Human Resource Services.
M/C Employees: please contact your Human Resources Services department. 

Title IX Grievance Process

Investigation, Hearing & Appeal

The Title IX Grievance Process can be found here. These steps represent the Title IX Grievance Policy & Procedure process when a  sexual misconduct complaint is governed by the Final Rule issued by the Dpeartment of Education and effective August 2020. Substantiated allegations are referred to a Title IX Hearing Officer for the disciplinary process and recommended sanction, when appropriate. This process is used regardlessof the affiliation of the respondent. Please click on the above for additional information.

You have the right to make a report to University Police, local law enforcement and/or state police or choose not to report; to report the incident to the University, to be protected by the University from retaliation for reporting an incident; and to receive assistance and resources from the University.

N.Y. Educ. Law 129-B §6444 

Stony Brook offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.

N.Y. Educ. Law § 129-B §6446

At Stony Brook University, we value all students, employees, and job candidates as unique individuals, and we welcome the variety of experiences they bring to our institution. As such, we have a strict non-discrimination policy. It is the policy of Stony Brook University not to discriminate on the basis of race, color, national origin, religion, sex, pregnancy, familial status, sexual orientation, gender identity or expression, age, genetic information, disability, protected veteran status, or any other characteristic protected by law.

Stony Brook University Notice of Non-Discrimination