Equal Opportunity and Discriminatory Misconduct Policy

Policy Category	Issuing Authority	Responsibility	Publication Date	Next Review Date
Equity & Access	President	Office of Equity & Access	05/21/2025	05/21/2028

Policy Statement/Background:

Stony Brook University is committed to creating and maintaining workplace, educational, and recreational environments that are safe, accessible, and free from all forms of discrimination.

This commitment includes promoting respect, equity, inclusion, and diversity. Discrimination includes disparate conduct or discriminatory harassment on the basis of race, sex, sexual orientation, gender identity or expression, religion, age, color, creed, shared ancestry or characteristic, national or ethnic origin, disability, marital status, familial status, genetic predisposition, criminal convictions, domestic violence victim status, and veteran or military status and all other protected classes under federal or state law. Such behavior is prohibited and will not be tolerated, as it violates University policy and federal and state law.

This policy embodies Stony Brook University's commitment to establishing an environment that is inclusive and accessible, where diversity is celebrated and discrimination is prohibited. This approach covers critical aspects such as equal opportunity, reasonable accommodation, reporting discrimination, and the responsible employee requirement. All these components form the basis of a campus culture built on respect, equity, and shared success.

Scope

This policy applies to all University students and employees, as well as individuals outside the University community, including but not limited to guests, visitors, vendors, and volunteers.

Policy:

Discrimination is Prohibited

The University is responsible for and fully committed to preventing and eliminating discrimination or discriminatory harassment on the basis of all protected groups or classes under Stony Brook University policy or federal or state law. All campus community members are responsible for fostering an atmosphere that promotes equity, civility, caring, responsibility, accountability, and respect.
The University does not tolerate discrimination and/or discriminatory harassment on the basis of any protected classes under Stony Brook University policy or federal or state law, which is addressed in accordance with the University's discrimination complaint procedures (provided below). Sanctions enforced against individuals found to have engaged in such behavior shall be in accordance with applicable rules and policies, including the Code of Student Responsibility (for students) and/or disciplinary procedures pursuant to applicable collective bargaining agreements and applicable policies and procedures (for employees).
Retaliation is prohibited. The University is committed to protecting individuals who report or participate in the investigation of any alleged incident of discrimination and/or discriminatory harassment on the basis of any protected class under Stony Brook University policy or federal or state law.
- Retaliation includes any materially adverse action(s) or treatment taken against any individual who has reported or has participated in the investigation of a report of an alleged incident of discrimination as a party, a witness, or in any other capacity. An action is materially adverse if such action could have dissuaded a reasonable employee or student from supporting or participating in the discrimination investigation. Depending on the facts, these are examples of "materially adverse" actions:
  - work-related threats, warnings, or reprimands;
  - negative or lowered evaluations;
  - transfers to less favorable or desirable work or work locations;
  - making false reports to government authorities or in the media;
  - removing supervisory duties;
  - threatening reassignment; scrutinizing work or attendance more closely than that of other employees without justification
  - reducing or denying playing time
- Retaliation occurs when a party to an investigation or someone acting on their behalf or in their interests engages in:
  - Conduct designed to interfere with, impact, obstruct, or disrupt an investigation into an alleged incident of discrimination;
  - punitive actions, harassment, or any other form of adverse treatment that is intended to deter or punish an individual who has reported or participated in an investigation of a report of an alleged incident of discrimination; or
  - actions designed to deter individuals from reporting or participating in the investigation of ongoing or future incidents of discrimination.
- Retaliation is an act of discrimination and violates Stony Brook University policies, including the Equal Opportunity and Discriminatory Misconduct Policy and Sexual Misconduct & Reporting Policy. Individuals who experience retaliation should report the incident to OEA as they would any other alleged incident of discrimination.
- Any substantiated act of discrimination, including retaliation, may result in sanctions or other disciplinary action as covered by University Policy (including the Code of Student Responsibility) and or disciplinary procedures, pursuant to applicable collective bargaining agreements and applicable policies and procedures.

Equal Opportunity

Decisions with respect to employment are made without respect to an individual’s membership in any protected class under federal and state law.

Reasonable Accommodation

Stony Brook University will engage in an interactive process with an employee or student who requests a reasonable accommodation based upon a disability in order to attempt to identify and implement a plan that allows the disabled employee to perform an essential job function(s) or the student to continue in their academic program and is not an undue burden on the University. This interactive process, administered by the Student Accessibility Support Center (SASC) (for students) and the Office of Equity and Access (OEA) (for employees), will involve two or more of the following, as appropriate: the employee or student, the employee or student's medical provider(s), and applicable supervisors or other department leadership.
Stony Brook University will engage in an interactive process with any qualified employee or student who has known limitations related to pregnancy, childbirth, or related medical conditions unless this creates an undue hardship.
Stony Brook University may reasonably accommodate an individual’s religious practices, when doing so would not cause an undue hardship. The provision of any particular accommodation is not governed by a supervisor, faculty member, department program, or individual but by the nature of the essential job function, work, or program.
Retaliation against an employee or student who requests an accommodation from the University is unlawful and prohibited. Any substantiated act of retaliation may result in sanctions or other disciplinary action as covered by University policy (including the Code of Student Responsibility) and/or the disciplinary procedures pursuant to the applicable collective bargaining agreements and applicable policies and procedures.
ADA Coordinator: The University has designated an ADA Coordinator who oversees the University's overall ADA compliance efforts, which include but are not limited to investigating/responding to reports, inquiries, and accessibility complaints, identifying and addressing patterns or systemic problems, ensuring that appropriate policies and procedures are in place, and conducting appropriate training for students and employees.
Submit an Electronic Form Employee Disability Accommodation Request Form: https://www.stonybrook.edu/commcms/oea-accessibility/resources/employee_accommodation_request_form.php

Reporting Discrimination

All members of the Stony Brook community are encouraged to report discrimination to the Office of Equity and Access.

Reporting individuals may also make reports by:

Contacting the University Police Department: (631) 632-6350
Contacting a Responsible Employee (see definition below)
Contacting the Office of Student Conduct and Community Standards: (631) 632-6705 / communitystandards@stonybrook.edu
Contacting Employee and Labor Relations
- Stony Brook Medicine: (631) 444-3780
- Stony Brook West Campus and HSC: (631) 632-6140
- Long Island State Veterans Home: (631) 444-8617
Submitting an Electronic Form Reporting Allegations of Discrimination (this is not anonymous): www.stonybrook.edu/reportit
Submitting an OEA Complaint Intake form (see Complaint Procedure for Allegations of Discrimination): www.stonybrook.edu/reportit

Reports made via the resources listed above cannot be guaranteed confidentiality, but privacy will be maintained to the greatest extent possible. Information reported to a non-confidential resource will be provided to the Office of Equity and Access.

Responsible Employee Requirement to Report

Responsible Employees are not confidential resources. Before an individual reveals information they may wish to keep confidential, a Responsible Employee will make every effort to ensure that the reporting individual understands the Responsible Employee's obligation to report to the Office of Equity and Access.

All Responsible Employees must immediately report all known, relevant details about a complaint of discrimination to the Office of Equity and Access, including:

Names of individuals involved or present
Date
Time
Location

Responsible Employees do not investigate, adjudicate, or issue sanctions (unless such functions are within their normal job duties/responsibilities).

All Responsible Employees will receive training on a periodic basis.

Questions about whether any alleged incident, conversation, or information is reportable should be directed to the Office of Equity and Access.

Definitions:

Protected group or class includes race, sex, sexual orientation, gender identity or expression, religion, age, color, creed, shared ancestry, national or ethnic origin, disability, marital status, familial status, genetic predisposition, criminal convictions, domestic violence victim status, veteran or military status, and all other protected classes under federal or state laws.
Discrimination is disparate treatment or action on the basis of one or more categories included in the definition of protected group or class with respect to a dimension of employment or education, including, but not limited to, the administration of the University’s policies, programs, activities, or other Stony Brook University administered programs or employment and includes the terms, conditions, and privileges of employment and/or access for students, faculty, and staff. The University’s non-discrimination policy affects all employment practices including, but not limited to, recruiting, hiring, transfers, promotions, benefits, compensation, training, educational opportunities, discipline, daily responsibilities, and terminations.
Discriminatory Harassment is any improper conduct toward a particular individual, individuals, or groups on the basis of one or more of the categories indicated above in the definition of a protected group or class and which is sufficiently severe or pervasive that it has the purpose and/or effect of:
- Creating an intimidating, hostile, or offensive work or educational environment for individuals and/or groups; or
- Unreasonably interfering with the work, academic performance, living environment, personal security, or participation in any University‐sponsored activity of individuals and/or groups.

Discriminatory harassment is a form of discrimination that is prohibited and should be reported.

Responsible Employee: any employee who has the authority to take action to redress discrimination, including sexual misconduct and violence; who has been given the duty of reporting incidents of discrimination or any other misconduct to the Office of Equity and Access or other appropriate designee; or whom a community member could reasonably believe has this authority or duty.
The following employees have reporting obligations and must report any incident of discrimination they become aware of to the Office of Equity and Access:
- Senior Administrators (for purposes of this policy, a senior administrator is defined as any employee equivalent to a Director and above and in the hospital, Nurse Managers and above)
- Chairs of Academic Department o Supervisors
- Ombudsmen
- Academic Faculty Members
- Professional Staff In:
  - Academic Advisement
  - Career Services
  - Continuing Education
  - Financial Aid
  - Instructional Support
  - Athletics
  - Residential Life
  - Student Activities or Affairs
- University Recognized Sport Club Coaches
- Deputy Title IX Coordinators (outlined below)

This policy applies to Stony Brook University, Stony Brook Hospital, and the Long Island State Veterans Home.

Deputy Title IX Coordinators: serve as University-wide points of contact for those seeking information or wanting to report sexual harassment, misconduct, or violence. Their role is to inform complainants of their rights and options. The deputies communicate all Title IX-related information to the Title IX Coordinator. The deputies do not investigate, adjudicate, or sanction (unless that function is within their normal job duties and/or responsibilities). The University's Deputy Title IX Coordinators are listed on the Title IX website (provided below).

Contact:

Additional information about this policy is available here:

Office of Equity and Access
201 Administration Building
Stony Brook, NY 11794
(631) 632-6280
oea@stonybrook.edu

Marjolie Leonard
Assistant Vice President, Title IX & ADA Coordinator
201 Administration Building
Stony Brook, NY 11794
(631) 632-6280
reportit@stonybrook.edu

Human Resource Services:

West Campus, Health Sciences, and School of Medicine
390 Administration Building
Stony Brook, NY 11794
(631) 632-6161

Stony Brook University Hospital
31 Research Way, Suite 200
East Setauket, NY 11733
(631) 444-4700

Student Accessibility Support Center
Stony Brook Union, Suite 107
Stony Brook, NY 11794
(631) 632-6748
sasc@stonybrook.edu

Employee and Labor Relations:

West Campus and Health Sciences Center
291A Administration Building
Stony Brook, NY 11794
(631) 632-6140

Stony Brook University Hospital
HSC Level 3, Room 040
Stony Brook, NY 11794
(631) 444-3780

Long Island State Veterans Home
100 Patriots Road
Stony Brook, NY 11790
(631) 444-8617

Office of Student Conduct and Community Standards
Stony Brook Union, Suite 209
Stony Brook, NY 11794
(631) 632-6705
https://www.stonybrook.edu/commcms/studentaffairs/sccs/

University Ombuds Office
137 Psychology B Building
Stony Brook, NY 11794
(631) 632-9200

External Agencies
Many federal and state agencies and localities enforce laws protecting individuals from discrimination and discriminatory harassment and may offer external forums for adjudicating complaints. Contact information for several federal and state agencies is included in the Complaint Procedure for Allegations of Discrimination (available below).