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Vol. LI, No. 8
September 29, 2005

In this issue:

From the Vice President for Finance and Management
Receipt of Legal Papers Served on the College
Computer Training, SkillSoft E-Learning, Webmaster Training, and Web Templates
From the Vice President for Student Affairs
Confidentiality of Health Information Policy and Procedure
From the Senior Adviser to the President for Equity and Campus Diversity
Buffalo State College Policy on Sexual Harassment


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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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Computer Training, SkillSoft E-Learning, Webmaster Training, and Web Templates
Computing and Technology Services and the Technology and Application Support Collaboration (TASC) offer monthly computer training classes. Unless otherwise stated, classes are held in CyberQuad, E. H. Butler Library 318. Please bring an IBM-formatted 3.5" disk, a pen, and paper. For a complete list of courses and registration information, visit http://bscintra.buffalostate.edu/registration. Contact Paul Reynolds at ext. 3361 or reynolap@buffalostate.edu with questions.

Student Workshops
All computer training classes are now open to students. In addition, TASC offers student-only workshops on certain Tuesdays during Bengal Pause, from 12:30 to 1:30 p.m. Announcements for these classes are made through student e-mail and/or flyers distributed on campus.

To register, students should contact Paul Reynolds at reynolap@buffalostate.edu or ext. 3361 with the following information: name, e-mail address, telephone number, and name(s) and date(s) of desired workshops.

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Class Registration
Internet Explorer 5.0 (or higher) is necessary for online registration. Enter the following information in the required fields:

PC Users
User Name: bsclogon\your user name (e.g., bsclogon\publicjq)
Password: your password

Mac Users
User ID: your user name (e.g., publicjq)
Password: your password
Domain: bsclogon

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October 2005 Workshops
Advance registration is required. Student assistants, work-study students, and graduate assistants also may attend these workshops.

Angel: Course Migration Training Tuesday, October 4 1:30–3:30 p.m.
Angel: Course Migration Training Wednesday, October 5 9:00–11:00 a.m.
Angel: Course Migration Training Thursday, October 6 9:30–11:30 a.m.
Creating Pivot Tables Tuesday, October 11 9:00–11:00 a.m.
Angel: Course Migration Training Tuesday, October 11 1:30–3:30 p.m.
Angel: Course Migration Training Wednesday, October 12 9:00–11:00 a.m.
Creating Macros Thursday, October 13 1:00–3:00 p.m.
Excel Functions Friday, October 14 9:00–11:00 a.m.
Introduction to Access Monday, October 17 1:00–3:00 p.m.
Using the Web Template System* Tuesday, October 18 9:30–11:00 a.m.
Introduction to File Management Wednesday, October 19 1:00–3:00 p.m.
Intermediate PowerPoint for Students Thursday, October 20 12:30–1:30 p.m.
Accessing Your Office Computer Remotely Friday, October 21 2:00–3:00 p.m.
Angel: Course Migration Training Monday, October 24 1:00–3:00 p.m.
Intermediate Excel for Students Tuesday, October 25 12:30–1:30 p.m.
Angel: Course Migration Training Thursday, October 27 9:30–11:30 a.m.
Intermediate Excel for Students Tuesday, October 25 12:30–1:30 p.m.
Angel: Course Migration Training Thursday, October 27 9:30–11:30 a.m.
Introduction to Mail Merge Thursday, October 27 1:00–3:00 p.m.
Accessing Your Office Computer Remotely Friday, October 28 2:00–3:00 p.m.
Intermediate Access Monday, October 31 1:00–3:00 p.m.

*Webmaster Certification course

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SkillSoft E-Learning
Faculty, staff, and students also may participate in SkillSoft, an online learning program of more than 800 courses and a variety of certificate programs that allow participants to demonstrate mastery of a set of skills. More information about the SkillSoft E-Learning Program is available from the Human Resource Management Web site, www.buffalostate.edu/offices/hr. Employees also may register for courses on the site.

This month's SkillSoft courses may be taken in CyberQuad's Faculty/Staff Workroom, E. H. Butler Library 310, by appointment only; call Paul Reynolds at ext. 3361 for an appointment. Please check in at E. H. Butler Library 315 (CyberQuad) before starting. SkillSoft courses also are accessible from your home.

Webmaster Certification, Web Templates, and Web Site Support
Web template training, service, and support is available for academic departments and administrative offices. TASC and the College Relations Office offer a five-course training program especially for campus Web developers. The course lineup consists of Writing for the Web, Using the Web Template System, Introduction to HTML, Customizing Your Web Site for Search Engines, and Understanding Site Traffic Logs. Faculty and staff are welcome to take any or all of the five courses offered. Employees may review course descriptions and register at bscintra.buffalostate.edu/registration. Those who complete all five workshops will receive Webmaster Certification.

The College Relations Office offers full-service Web development support for academic departments and administrative offices. Please contact Melissa Meehan at ext. 3903 or meehanme@buffalostate.edu for more information.

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From the Vice President for Student Affairs

Confidentiality of Health Information Policy and Procedure
Buffalo State College recognizes the importance of maintaining our students' privacy and their health information. Below is the college's policy on the Confidentiality of Health Information. For information or questions regarding this policy or about the Health Information Portability and Accountability Act (HIPAA), please call Rock Doyle, assistant director of medical systems, Weigel Health Center, at ext. 6711.

Policy Statement
Buffalo State College is committed to protecting the privacy and confidentiality of health information of the population it serves. Health information is strictly confidential and should never be disclosed or confirmed to anyone who is not specifically authorized under the institution's policies or applicable law to receive the information.

Failure to adhere to state law, federal law, HIPAA, or local Buffalo State College policies and procedures regarding the confidentiality of protected information will be considered a breach of confidentiality and will result in the imposition of appropriate sanctions.

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Scope
This policy applies to all members of the institution's workforce, whether directly employed by the institution or serving under an alternative arrangement. It shall include, but not be limited to:

Employees
Volunteers
All students participating in a health-related program (including medical interns and residents)
Agency and contracted staff (including temporary staff)
Consultants
Contractors and subcontractors
Faculty and credentialed staff

Education and Training
Buffalo State College is responsible for providing job-appropriate training to departments that are directly affected by HIPAA or that are recommended to follow HIPAA guidelines: the need for confidentiality; types of information that are considered confidential; sanctions associated with a breach of confidentiality; and the institution's confidentiality agreement and the need for annual signature.

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Agreement
Each member of the Buffalo State College HIPAA-affected or HIPAA-recommended workforce will be expected to review and sign the Buffalo State College confidentiality agreement. This should occur upon hire/affiliation and on an annual basis thereafter. This signed statement will be maintained in the appropriate employee personnel file.

Suspected Breach
Any and all breaches of confidentiality should be reported to the area/department supervisor. Failure to report a breach will be considered a violation of this policy. The supervisor will report the breach to the campus HIPAA privacy officer for investigation.

Sanctions
Upon a finding of a breach of confidentiality, a sanction consistent with the terms of the governing by an employee in a collective bargaining unit will be imposed. The college shall initiate action pursuant to the applicable collective bargaining agreement to implement an appropriate disciplinary penalty. Such penalty may include, but is not limited to, the following: letter of reprimand, suspension, fine, loss of accrued leave credits, demotion, termination.

For employees not represented by a collective bargaining unit, sanctions may include actions up to and including termination of employment.

Effective Date: January 1, 2004

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

Buffalo State College Policy on Sexual Harassment
I. Rationale
The U.S. Equal Employment Opportunity Commission (EEOC) has issued guidelines interpreting Section 703 of Title VII as prohibiting sexual harassment (29 CFR 1604.11). Sexual harassment is defined in these guidelines as follows:
...Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Sexual harassment is an affront to human dignity and will not be tolerated at Buffalo State College. As an educational institution, we do not condone or tolerate any verbal or physical conduct that would constitute sexual harassment of any member of the college or college community. Buffalo State College is committed to the intellectual, personal, and professional growth of its students, faculty, and staff. The goal of the college is to inspire a lifelong passion for learning and to empower a diverse population of students to succeed as citizens within a challenging world. The college is dedicated to excellence in teaching and scholarship, cultural enrichment, and service in order to enhance the quality of life in Buffalo and the larger community. Actions of members of the college community that harm this atmosphere undermine and hinder the educational mission.

Sexual harassment is particularly serious when it threatens the relationship between faculty and students or supervisor and subordinate. In such situations, sexual harassment unfairly exploits the power inherent in the faculty member or supervisor's position. The college will not tolerate behavior that creates an unacceptable working or educational environment between or among members of the college community.

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II. Policy
It is the policy of Buffalo State College to provide an employment and educational environment free of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication, constituting sexual harassment as defined and otherwise prohibited by state and federal statutes.

III. Implementation
It shall be a violation of college policy for anyone who is in a position of authority to recommend or take personnel actions affecting an employee, or who is otherwise authorized to transact business or perform other acts or services on behalf of the college:

  • To make sexual advances or request sexual favors when submission to or rejection of such conduct is the basis for either implicitly or explicitly recommending, imposing, granting, withholding, or refusing terms and conditions that either favor or adversely affect the employment or education of any member of the college community.

  • To recommend, impose, grant, withhold, or refuse to take any personnel or other action consistent with his or her duties and responsibilities because of sexual favors or as a reprisal against an employee or other member of the college community who has rejected or reported sexual advances.

  • To disregard or fail to investigate allegations of sexual harassment whether reported by the employee or member of the college community who is the subject of the alleged harassment or a witness, or to fail to take immediate corrective action in the event misconduct has occurred.

It shall also be a violation of this policy for any member of the college community to abuse another through conduct or communication of a sexual nature and constituting sexual harassment as defined in Section II above. Whenever such misconduct exists, prompt and corrective action consistent with the discipline provisions of the college policy is required.

Whenever there is an abuse of authority or neglect of responsibility, the supervisor or other responsible individual is required to take prompt and corrective action consistent with the discipline provisions of the college policy.

The violation of this policy can result in discipline and discharge for employees, and such penalties, sanctions, and impositions against other individuals or parties as may be available to the college, given the nature of the contractual or business relationship that may be established with such parties or individuals.

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A. Grievance Procedures
Employees or other individuals who feel aggrieved because of sexual harassment have several ways to make their concerns known:

  • Aggrieved persons who feel comfortable doing so should directly inform the person engaging in discrimination or conduct or communication that such conduct or communication is offensive and must stop.
  • Aggrieved individuals who do not wish to communicate directly with the person whose conduct or communication is offensive, or if direct communication with the offending party has been unveiling, shall contact the offending party's immediate supervisor and/or the officer responsible for affirmative action for counseling and assistance.
  • Aggrieved persons alleging either sexual harassment by anyone with supervisory authority, or failure by a supervisor to take immediate action on the individual's complaint, may also file a formal grievance in accordance with the provisions of the appropriate grievance procedure.

All formal complaints of sexual harassment will be handled by the Buffalo State College Grievance Procedure for the Review of Allegations of Unlawful Discrimination. The Buffalo State College Complaint Procedure for the Review of Allegations of Unlawful Discrimination has specific timetables for filing complaints and a process for adjudicating the complaint. A copy of the procedure is available through the vice presidents, deans, and Equity and Campus Diversity offices.

Regardless of the means selected for resolving the problem, the initiation of a complaint of sexual harassment will not cause any reflection on the complainant, nor will it affect such person's future employment, education, compensation, or work assignments.

B. Responsibility of Management
All levels of management have a special responsibility for implementation of this policy. If behavior is observed that violates this policy, the person observing such behavior shall bring the matter to the attention of the supervisor responsible for that area and the officer responsible for affirmative action. If an employee or other individual files a complaint, the management representative with whom the complaint is filed shall inform the complainant of his or her right under this policy and attempt corrective action. When a problem is beyond the capability of such representative to effectively correct the action, the matter shall be referred to the officer responsible for affirmative action.

In all cases and regardless of the individuals' remedial measures that have been undertaken, the management representative to whom the written complaint has been referred shall provide the officer responsible for affirmative action with a complete written report of each complaint.

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Written Report
This report must be submitted within 10 days of the date the complaint was first filed with the management representative. Such report shall minimally include:

  • Date of receipt of written complaint.
  • Identification of complainant.
  • Identification of the party or parties and the actions complained of, including all relevant background facts and circumstances.
  • A statement detailing the scope of the investigation that had been undertaken and the results thereof.
  • A statement of corrective measures pursued, the date such measures were undertaken and the results achieved.

Education and Training
Sexual harassment may range from sexual innuendoes made at inappropriate times, perhaps in the guise of humor, to coerce sexual relations. Harassment at its extreme occurs when a person in control, influence, or position to affect another person's job or career uses his or her authority and power to coerce the other person into sexual relations or to punish such person's refusal. It may include:

  • Verbal harassment or abuse.
  • Subtle pressure for sexual activity.
  • Persistent remarks about another person's clothing, body, or sexual activities.
  • Unnecessary touching, patting, or pinching.
  • Constant brushing against another person's body.
  • Demanding sexual favors accompanied by implied or overt threats concerning one's job, letters of recommendation, etc.
  • Physical assault.

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Because sexual harassment is tied so closely to learned role models, it is necessary for men and women to learn more about this issue and the means for addressing problems as they arise. The college sponsors educational workshops on the subject of sexual harassment. Attendance at one of these programs or an approved substitution is mandatory for all persons in a supervisory or executive capacity. Each is also encouraged to hold educational workshops and otherwise seek to sensitize persons within their areas of responsibility as to the importance of providing an employment and business environment free of sexual harassment. Although there are various approaches one may take to offset potential problems, several measures are recommended:

  • Encourage internal complaints. Express disapproval of harassment and inform employees of their right to file complaints under college policy.
  • Assure that all supervisors are aware of their responsibilities, college policy, the laws and the potential liabilities when violations occur.
  • Regard each claim of sexual harassment as being serious and investigate immediately.
  • Sensitize all employees to the issue and the ramifications of sexual harassment.

C. Special Assistance
In the implementation of this policy, it is expected that questions may arise concerning the interpretation of the prohibitions against sexual harassment, grievance procedures, the methods and procedures to be followed in the investigation of complaints, and the appropriateness of specific solutions in disposition of complaints. For assistance in these matters, please contact Dolores E. Battle, senior adviser to the president for equity and campus diversity, Equity and Campus Diversity Office, Cleveland Hall 415, ext. 6210.

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About the Bulletin
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Search the Bulletin
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