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Vol. L, No. 23
February 10, 2005

In this issue:

From the Provost and Vice President for Academic Affairs
Strategic Planning Reassignment
Mission Review II
Appointment: CEURE
From the Vice President for Finance and Management
Receipt of Legal Papers Served on the College
UUP Individual Development Awards 2003–2005
Internal Control Standards and Public Officers Law
From the Senior Adviser to the President for Equity and Campus Diversity
Buffalo State College Policy on Consensual Sexual and Amorous Relations
From the Chair of the College Senate
Curricular Items


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From the Provost and Vice President for Academic Affairs

Strategic Planning Reassignment
The Strategic Planning Office has been reassigned from the president to the provost and vice president for academic affairs, effective January 24. Dorcas Colvin retains responsibility for assisting the Vice Presidents Council with strategic-plan implementation and for facilitating the work of the College Planning Council. In addition, Colvin coordinates follow-up for Mission Review II activities, provides oversight for the leadership development initiative, and assists the provost with a number of key initiatives and projects including outreach and community-based research, distinctiveness, reorganization, and senior administrative search processes.

Marie Mance coordinates leadership development and is responsible for working in partnership with the Creative Studies Department and other faculty members to design, deliver, and manage the leadership-development initiative. Mance continues to assist with strategic planning and related initiatives.

The office will remain in Cleveland Hall 512 until other elements of the reorganization are finalized.


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Mission Review II
Buffalo State's Mission Review II document, submitted to SUNY in December 2004, addresses campus goals for 2005–2010 in academic areas such as enrollment; undergraduate and graduate program directions; faculty; student outcomes, including retention and graduation; facilities; and technology. We expect that dialogue with SUNY in spring 2005 will lead to a mutually acceptable memorandum of agreement. The Mission Review II document is available on the strategic planning Web site and on the Academic Affairs Web site. Printed copies will be provided to academic departments. Printed copies also may be requested from Academic Affairs; send requests to Carolyn Martino at martinc@buffalostate.edu.


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Appointment: CEURE
John Siskar, associate professor of art education, has been appointed interim director of the college's Center for Excellence in Urban and Rural Education (CEURE). He replaces Diane Truscott, who took a new position at Georgia State University. A Buffalo State faculty member since 1992, Siskar served as chair of the Art Education Department for the past three years. His appointment to CEURE was effective January 1.

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From the Vice President for Finance and Management

Receipt of Legal Papers Served on the College
The SUNY Office of University Counsel advises that all college offices should be notified of the procedures to follow regarding the receipt of legal papers of any kind by a campus employee. Accordingly, Buffalo State's procedures are as follows:

    The associate vice president for finance and management/comptroller is the college's official liaison to the Office of University Counsel for the purpose of receipt of service of legal papers on the college, notification of the area of the college affected (required to respond), and decision about who should notify SUNY counsel, the attorney general, or other parties. When legal papers of any kind are served upon a campus employee or the college, the campus liaison should be contacted immediately and the legal papers should be forwarded to the liaison.

    If the associate vice president for finance and management/comptroller is unavailable, the referral should be made to the assistant vice president for finance and management.

This procedure is especially important when legal papers request personnel files or information on students or are requests made under the USA Patriot Act. Various other rights, such as those afforded by FERPA (Family Educational Rights and Privacy Act), the Personal Privacy Protection law, and collective bargaining agreements, are involved in those situations.


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UUP Individual Development Awards 2003–2005
The campus Individual Development Awards Committee is pleased to announce that all applications for 2003–2005 awards received by the January 7 deadline that met the eligibility requirements have been approved. The total amount requested was less than the two-year campus allocation of $43,335.

Applications will now be accepted for the modest amount of remaining funds. The award period covers professional development activities commenced on or after September 1, 2003, and completed on or before June 30, 2005. The maximum award is $1,000 ($5,000 when a salary replacement is required). Please refer to the guidelines in the November 11, 2004, college Bulletin for more details.

Application Procedure
Applications for these remaining funds must be received by the Individual Development Awards Committee, in care of the Human Resource Management Office, Cleveland Hall 403, by 4:30 p.m. Tuesday, March 1. Applications are available at www.buffalostate.edu/offices/hr/ida.asp or in the Human Resource Management Office. The committee strongly encourages the electronic submission of applications to fortunkm@buffalostate.edu. Questions regarding the application process should be directed to Kathy Fortune at ext. 3042. Along with the completed application, applicants must submit the following:

  • A current curriculum vitae.
  • An official job description (professional staff).
  • A list of any other grant support for the project or activity, including the amount of such support.
  • A brochure, announcement, or other relevant material describing the program and costs. (If material is not yet available, send as soon as possible.)
  • If presenting, a notification of acceptance or invitation. (If notification is not yet available, send as soon as possible. Funding is contingent upon notification of acceptance.)
  • Any other supporting documentation.

The remaining funds will be distributed according to these priorities:

  • Untenured faculty engaged in scholarship.
  • Papers accepted at professional conferences and ongoing projects.
  • Professional development of job-related skills.
  • Travel to participate in professional conferences.
In addition, as stated in the guidelines, part-time employees will be given preference for 15 percent of the funds available if sufficient applications from part-time employees are received.

Applicants who apply by March 1 will be notified of award decisions by March 31.


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Internal Control Standards and Public Officers Law
Internal Control Standards
The Internal Control Act of the State of New York requires Buffalo State College to communicate the following information on agency responsibilities and standards:

The internal control standards define the minimum level of quality acceptable for internal control systems in operation and constitute the criteria against which systems are to be evaluated. These internal control standards apply to all operations and administrative functions (both manual and automated), but are not intended to limit or interfere with duly granted authority related to development of legislation, rule making, or other discretionary policy making in an agency.

General Standards

  1. Reasonable Assurance. Internal control systems are to provide reasonable assurance that the objectives of the systems will be accomplished.
  2. Supportive Attitude. Managers and employees are to maintain and demonstrate a positive and supportive attitude toward internal controls at all times.
  3. Competent Personnel. Managers and employees are to have personal and professional integrity and are to maintain a level of competence that allows them to accomplish their assigned duties, as well as understand the importance of developing and implementing good internal controls.
  4. Control Objectives. Internal control objectives are to be identified or developed for each agency activity and are to be logical, applicable, and reasonably complete.
  5. Control Techniques. Internal control techniques are to be effective and efficient in accomplishing their internal control objectives.
  6. Continuous Monitoring. Agency heads are to establish and maintain a program of internal review designed to identify internal control weaknesses and implement changes needed to correct the weaknesses.

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Specific Standards

  1. Documentation. Internal control systems and all transactions and other significant events are to be clearly documented, and the documentation is to be readily available for examination.
  2. Recording of Transactions and Events. Transactions and other significant events are to be promptly recorded and properly classified.
  3. Execution of Transactions and Events. Transactions and other significant events are to be authorized and executed only by persons acting within the scope of their authority.
  4. Separation of Duties. Key duties and responsibilities in authorizing, processing, recording, and reviewing transactions should be separated among individuals.
  5. Supervision. Qualified and continuous supervision is to be provided to ensure that internal control objectives are achieved.
  6. Access to and Accountability for Resources. Access to resources and records is to be limited to authorized individuals, and accountability for the custody and use of resources is to be assigned and maintained. Periodic comparison shall be made of the resources to the recorded accountability to determine whether the two agree. The frequency of the comparison shall be a function of the vulnerability of the asset.

Audit Resolution Standard

Prompt Resolution of Audit Findings. Managers are to (1) promptly evaluate findings and recommendations reported by auditors, (2) determine proper actions in response to audit findings and recommendations, and (3) complete, within reasonable time frames, all actions that correct or otherwise resolve matters brought to management's attention.

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Public Officers Law
In addition, all state employees must abide by the laws governing ethical behavior contained in the Public Officers Law.

While many private companies and professional associations have their own codes of ethics, state code differs from these in that the state code is also the law. Like private codes of ethics, state code is a list of proscribed activities. The following is a summary of its provisions:

New York State employees are prohibited from engaging in any activity that is in substantial conflict with the proper discharge of their duties in the public interest, accepting other employment that would impair their judgment in the exercise of their official duties, or disclosing confidential information gained from their state positions.

State employees cannot use their official positions to secure unwarranted privileges for themselves or others. State employees with financial interests in a business entity should not engage in any transaction between the state and that entity that might be in conflict with the proper discharge of the employee's official duties. State employees also must avoid making personal investments in enterprises that might directly involve decision making or that might create a conflict of interest.

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State employees cannot, by their conduct, leave the impression that they can be influenced based on their family relationship, rank, position, or influence. Nor should they act in a way that raises a suspicion among the public that they are likely to be engaged in acts that are in violation of their public trust.

No full-time state employee, any firm or association of which he or she is a member, or any corporation that he or she owns or controls can sell goods or services to any person, firm, or association that either is licensed or has its rates set by the state agency in which that employee is employed.

Violations of certain restrictions on business and professional activities or the financial-disclosure filing requirement may result in a maximum fine of $10,000. In lieu of a fine, the commission may refer the matter for criminal prosecution. Upon referral and conviction, a violation may be punished as a Class "A" misdemeanor.

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Under Section 94(13) of the Executive Law, assessment of a civil penalty is final unless modified, suspended, or vacated within 30 days of imposition.

For any violations of Sections 73, 73-a, or 74, the Ethics Commission also may recommend that the appointing authority take disciplinary action, up to and including dismissal from employment. Where applicable, discipline must be taken in accordance with the provisions of Section 75 of the Civil Service Law or the particular collectively negotiated agreement between the employee's union and the state.

Call Gary Phillips, associate vice president for finance and management and comptroller, at ext. 4312 with questions about the Internal Control Act or Public Officers Law.

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From the Senior Adviser to the President for Equity and Campus Diversity

Buffalo State College Policy
on Consensual Sexual and Amorous Relations

Students should be free to develop relationships that supplement formal classroom instruction, and employees should be free to develop friendships and engage in social contact with supervisors and fellow employees. In most cases, social interaction among supervisors and employees, between fellow employees, and among faculty and staff members and students will benefit the entire academic community by promoting the interchange of ideas, building mutual trust and respect, facilitating communication, and reducing misunderstandings.

However, when a person in a position of power and authority abuses or appears to abuse that position, mutual trust and respect are lost and the academic environment suffers. Buffalo State College faculty, staff members, and supervisors exercise power and authority over Buffalo State College students and employees over whom they have current or potential evaluative, supervisory, instructional, or other professional responsibility. This inherent power imbalance makes consent within any sexual or amorous relationship between a supervisor and employee or between a faculty or staff member and student suspect, and may impede the real or perceived freedom of the student or employee to thereafter terminate or otherwise alter the relationship. The relationship may create real or apparent impropriety, loss of objectivity, and a conflict of interest in any evaluative, supervisory, instructional, or other professional role which the faculty or staff member may have, or may develop in relation to the student or employee, and may expose the individual faculty or staff member, as well as Buffalo State College, to possible legal charges and liability.

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Therefore, to avoid the breakdown of mutual trust and respect, this may result within the academic community from such sexual or amorous relationships,

It is the policy of Buffalo State College that:

  • Commencement, upon either person's initiative, of a sexual or amorous relationship between a Buffalo State College faculty or staff member and a student with respect to whom such faculty or staff member has current professional responsibility shall be prohibited. Any Buffalo State College faculty or staff member who nevertheless engages in a sexual or amorous relationship shall be required to remove him or herself from any evaluation of the student and from any activity or decision which may or may appear to reward, penalize, or otherwise affect the student or student employee, and to otherwise take appropriate action to minimize any potential preferential or adverse consequences to the student, or to other members of the college community from any such sexual or amorous relationship. It shall also be the responsibility of the administrative head of the faculty or staff member's academic or administrative unit, if he or she is aware or made aware of the relationship, to assure that the foregoing steps are taken.

  • In addition to being required to take the foregoing steps, any faculty or staff member who engages in a sexual or amorous relationship with a student or student employee shall be subject to but not limited to, counseling, reprimand, probation, suspension, and discharge, or other action consistent with applicable collective bargaining agreements, contracts, and procedures.

  • A student shall not be subject to sanction for such a relationship. A student employee may be transferred from the position to a similar position, without demotion or other adverse effect on the benefits, terms, or conditions of employment and making alternative arrangements, if feasible, to prevent interference with educational opportunities, which gives the faculty or staff member current professional responsibility for the student.

  • If such a relationship exists or existed before any current professional responsibility arose for the faculty or staff member in relation to the student, the faculty or staff member shall be prohibited from thereafter undertaking professional responsibility for the student with whom she/he has or has had a sexual or amorous relationship. In no case, however, shall such prohibition result in a demotion or otherwise adversely affect the benefits, terms, or conditions of employment. In the case of the student, reasonable alternative arrangements shall be made, if feasible, to prevent interference with educational opportunities.

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  • Sexual or amorous relationships between a faculty or staff member and a student to whom the faculty or staff member does not have a current professional responsibility are strongly discouraged.

  • Sexual or amorous relationships between a supervisor and a non-student employee to whom such supervisor has current or reasonable foreseeable professional responsibility are strongly discouraged. Where such a relationship exists, previously existed, or develops, it shall be the responsibility of the supervisor and their supervisor, to remove the supervisor from any evaluation of the employee, and from any activity or decision which may or may appear to reward, penalize, or otherwise affect the employee, and to otherwise take appropriate action to minimize any potential preferential or adverse consequences to the employee or to other members of the college.

  • Sexual or amorous relationships between a faculty or staff member and a student to whom the faculty or staff member does not have a current professional responsibility are strongly discouraged.

  • Sexual or amorous relationships between a supervisor and a non-student employee to whom such supervisor has current or reasonable foreseeable professional responsibility are strongly discouraged. Where such a relationship exists, previously existed, or develops, it shall be the responsibility of the supervisor and their supervisor, to remove the supervisor from any evaluation of the employee, and from any activity or decision which may or may appear to reward, penalize, or otherwise affect the employee, and to otherwise take appropriate action to minimize any potential preferential or adverse consequences to the employee or to other members of the college community from any sexual or amorous relationship. An employee shall not be subject to sanction for such a relationship, but may be removed or transferred from a position (without demotion or adverse effect on the employee's benefits, terms or conditions of employment) which gives the supervisor the power to evaluate, reward, penalize, or otherwise affect the employee.

  • If a student or employee makes a complaint of sexual harassment against a faculty or staff member or supervisor which arises from a sexual or amorous relationship between the faculty or staff member and the student or employee, the faculty or staff member or supervisor charged with sexual harassment shall have the burden of proving by a preponderance of the evidence that the relationship was entirely consensual and uninfluenced by the faculty or staff member's or supervisor's professional relationship with the complainant. If a sexual harassment complaint, is made by a third person with respect to the sexual or amorous relationship of a faculty member or supervisor to a student or employee who is not the complainant, consent to the relationship between the faculty member or supervisor and the student or employee shall not constitute a defense to the third person's complaint, insofar as the allegations concerning the relationship between the faculty member or supervisor and student or employee support the complaint of the third person.

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Grievance Procedure

  • This policy with respect to sexual and amorous relations should be enforced consistently but with a high degree of flexibility and discretion, with minimal intrusion upon the personal privacy of the participants and with initial reliance upon confidential counseling with an appropriate professional. Any decision to impose sanctions should be made in light of the policy considerations set forth in Section A above, as they apply to the particular circumstances being considered.

  • Any person may make an inquiry or request for consultation to the Office of Equity and Campus Diversity concerning an alleged violation of this Policy, and any person may file a complaint alleging a violation of this Policy with the Equity and Campus Diversity Office, pursuant to the Buffalo State College Grievance Procedure for Review of Allegations of Discrimination.

Approved July 29, 1997

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From the Chair of the College Senate

Curricular Items
The following have been approved by the College Senate Curriculum Committee and have been forwarded to the president for final review and approval:

Program Revision:
Fashion and Textile Technology (0401)

New Courses:
CSP 670 The College Student Movement 1955–1975
FTT 355 Research in Fashion Merchandising
FTT 455 Issues in Merchandising and Fashion Retailing

Course Revisions:
FTT 304 Print Rendering for Industry
FTT 306 Textile Evaluation
FTT 308 Fashion CAD
FTT 310 Sewn Products Industry
FTT 325 Pattern Drafting and Grading
FTT 328 Apparel Design III: Draping
FTT 358 Fashion Forecasting and Consumer Issues
FTT 400 Knit Technology II: Commercial Software
FTT 410 Advanced Product Development
FTT 411 CAM: Apparel Manufacturing Software Systems
FTT 450 Issues in Fashion/Textile Industry
FTT 452 Fashion Show Production

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The following have been received in the College Senate Office and will be forwarded to the Senate Curriculum Committee for approval:

New Program:
Blended Program in Early Childhood Special Education

Program Revision:
Childhood Education (Grades 1–6) Initial Certification (6212)
Early Childhood Education (Birth–Grade 2) (6521)

New Courses:
CHE 530 Advanced Environmental Chemistry. Study of the chemistry of the environment, air, water, soil, living environments, and the effects of technology thereon. Discussion on the atmosphere, industrial ecosystems, phase interactions, water pollution and treatment, air pollution, global warming and green chemistry, smog, hazard wastes, soil chemistry, and toxicological chemistry.

THA 327 Acting III: Advanced Scene Study. Students learn how to apply previously learned acting skills to a variety of acting styles in a variety of environments. Student actors will specifically address the demands of physically, intellectually, and emotionally adapting their acting and artistic process. Student actors will also be expected to further define and identify themselves in each new style.

Course Revisions:
EDU 626 Integrating the Content Areas in the Teaching of Young Children. This course examines current theory and practice of instruction across the curriculum emphasizing constructivist methods. Particular attention is given to teaching young children Pre-K through third grade, adhering to the principles of developmentally appropriate practices. A field experience is required.

THA 226 Acting I. Students are introduced to the fundamental demands of the acting process. Student actors will engage in focus and concentration development, improvisation, scene work, and performance as they identify and develop themselves in the artistic process of acting.

THA 227 Acting II: Scene Study. Students are engaged in the fundamental demands of preparing, rehearsing, and performing scenes from contemporary plays. Student actors will focus on character development, research, and script analysis as they synthesize concepts from Acting I. Students are challenged to apply previously learned acting skills to the preparation, rehearsal, and performance of scenes. Students will further identify themselves as young theater artists and their personal place in the creative process of making theater.

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