Correction: Promotions
Last week's Bulletin announcement regarding promotions contained several errors. The following is a corrected announcement.
Upon completion of the review procedures at the department, dean, and vice presidential levels, I am pleased to announce the following promotions:
Promotion to professor, effective September 1, 2006:
Kimberly A. Bagley (Chemistry)
Stephanie R. Goldberg (Technology)
Promotion to associate professor, effective September 1, 2006:
Dermot Coffey (Physics)
Promotion to associate professor, effective September 1, 2006, and continuing appointment, effective September 1, 2007:
Sarbani Banerjee (Computer Information Systems)
Robert A. Barone (Computer Information Systems)
Stanley K. Friesen (Design)
Kelly M. Frothingham (Geography and Planning)
Dwight A. Hennessy (Psychology)
Amitra A. Hodge (Sociology)
Michael C. Lazich (History and Social Studies Education)
Barbara D. Miller (Modern and Classical Languages)
Alexander Y. Nazarenko (Chemistry)
Allen C. Shelton (Sociology)
Gary S. Solar (Earth Sciences and Science Education)
Mark K. Warford (Modern and Classical Languages)
Continuing appointment, effective July 1, 2007:
Elizabeth S. Peña (Art Conservation)
Continuing appointment, effective September 1, 2007:
Marianne Foley (E. H. Butler Library)
Bradley J. Fuster (Music)
Wende A. Mix (Geography and Planning)
Tara J. Stephenson (Design)
Elizabeth Szockyj (Criminal Justice)
Promotion to associate librarian, effective September 1, 2006:
Wanda M. Slawinska (E. H. Butler Library)
Appeals
Negative decisions on promotions may be appealed. Appeals are probably best suited to instances in which an individual believes that his or her case was misunderstood or inadequately advocated. If an appeal seems warranted, the president should be notified in writing of the intent to appeal by Friday, September 15.
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Nominations for Distinguished Professorships, Chancellor's and President's Awards
I encourage the Buffalo State community to nominate deserving colleagues for Chancellor's, President's, and Distinguished Teaching and Service awards. A schedule for the receipt of nomination packages follows. Guidelines are available on the Academic Affairs Web site or may be obtained from the Academic and Student Affairs Office, Cleveland Hall 519, ext. 5550.
Nominations with supporting materials for the SUNY Distinguished Teaching Professor or Distinguished Service Professor award, or for the Chancellor's Award for Excellence in Teaching, Professional Service, Librarianship, Scholarship and Creative Activities, or Faculty Service must be submitted to the provost, Cleveland Hall 519, by the following dates (the third Monday in October each year).
October 16, 2006 (academic year 2006–2007)
October 15, 2007 (academic year 2007–2008)
October 20, 2008 (academic year 2008–2009)
Nominations with supporting materials for the President's Award for Excellence in Teaching; Research, Scholarship, and Creativity; Librarianship; Academic Advisement; Service to the College; or the Advancement of Equity and Campus Diversity must be submitted to the provost by the following dates (the first Monday in March each year):
March 5, 2007 (academic year 2006–2007)
March 3, 2008 (academic year 2007–2008)
March 2, 2009 (academic year 2008–2009)
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Faculty and Staff Research and Creativity Fall Forum:
Requests for Scholarship or Creative Titles for Presentation
Buffalo State College will hold its seventh annual Faculty and Staff Research and Creativity Fall Forum on Thursday, October 19. As in past years, the goal of this forum is to develop, encourage, and support Buffalo State faculty and staff research and creativity, and to make collaborative research endeavors and grantsmanship more accessible. This is an excellent opportunity to network with other Buffalo State faculty and staff and identify common scholarly and creative interests that you may have. Every year, individuals comment that they have enjoyed learning what others were doing and that as a result new collaborations were developed.
All presentations will be poster sessions, and all activities will be held on the same day in one location (Houston Gym). The day will begin with a welcome session at 10:30 a.m. The exhibition of poster presentations will continue until 2:00 p.m. The gym will be available at 9:00 a.m. for setup. Lunch will be served.
A page designated to the event will appear on the Research Foundation's Web site. Friday, September 15, 2006, is the deadline date for titles and abstracts/descriptions to be submitted electronically.
All faculty and staff are invited to organize an exhibit to present current research, creative activity, or other scholarship. Individual, departmental, or group exhibits are welcome. To participate please complete the online form.
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Computer Training, SkillSoft E-Learning, Web Templates, and Web Site Support
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 a USB flash drive (to save your work), 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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September 2006 Workshops
| Webmaster Training: Using the Web Template System |
Tuesday, September 12 |
9:30–11:00 a.m. |
| ANGEL: Introduction |
Tuesday, September 12 |
1:00–3:30 p.m. |
| Introduction to PowerPoint |
Friday, September 15 |
9:00–11:00 a.m. |
| Accessing Your Office Computer Remotely |
Friday, September 15 |
2:00–3:00 p.m. |
| Accessing Your Office Computer Remotely |
Tuesday, September 19 |
9:00–11:00 a.m. |
| Introduction to Mail Merge |
Tuesday, September 19 |
1:00–3:00 p.m. |
| Webmaster Training: Introduction to HTML |
Wednesday, September 20 |
9:00–11:00 a.m. |
| Intermediate PowerPoint |
Friday, September 22 |
9:00–11:00 a.m. |
| Introduction to Publisher |
Monday, September 25 |
9:00–11:00 a.m. |
| Webmaster Training: Using the Web Template System |
Tuesday, September 26 |
9:30–11:00 a.m. |
| ANGEL: Introduction |
Friday, September 29 |
9:00–11:30 a.m. |
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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.
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Web Templates and Web Site Support
Web template training, service, and support are available for academic departments and administrative offices. TASC and the College Relations Office offer training especially for campus Web developers. Courses include Using the Web Template System, Introduction to HTML, Customizing Your Web Site for Search Engines, and Understanding Site Traffic Logs. Employees may review course descriptions and register at http://bscintra.buffalostate.edu/registration.
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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Campus Confidentiality Statement
All student, faculty, and staff personal and academic information is private and confidential, and is protected by various state and federal laws. Buffalo State College employees must, by law, protect the privacy of this information.
Failure to protect personal and academic information may result in legal action against offending employees. Employees accused of failure to protect confidential information that results in harm to an individual may not be covered by the Public Officer's Law, and therefore not defended by New York State.
Examples of personal information that must be kept confidential: Social Security numbers, health information, disability status, etc. Faculty and staff must ensure that information contained on the employee change form is kept confidential.
Examples of academic information that must be kept confidential: grades, class schedules, student ID numbers, etc. Faculty and staff members may not post test scores or grades using any portion of a student's name, Social Security number, or student ID number. Faculty and staff must refrain from providing students' parents with information related to their students' academic performance or other personal information, unless given permission to do so by the student.
Personal and academic information should be stored on a password-protected shared network drive. Do not store sensitive information on a laptop, desktop machine, or any portable storage device. Delete any sensitive files when you no longer need them. Laptops and flash drives should be kept in a secure area to guard against theft of the devices and the information stored on them. Personal and academic information should not be removed from campus.
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For more information:
State and Federal Laws:
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Questions regarding privacy of the employee change form, employee contracts, official employee files, etc.: Susan Earshen, director, Human Resources, ext. 3042
Questions regarding privacy of student information and FERPA: Mark Bausili, registrar, ext. 4907
Questions regarding health information and HIPAA: Rock Doyle, assistant director, medical systems, ext. 6711
Questions regarding legal liability and any legal action against the college or an employee: Gary Phillips, comptroller, ext. 4312
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Faculty and Staff Directory Listings
Human Resource Management is in the process of updating information that will appear in the 2006–2007 Faculty and Staff Directory. Employees are asked to verify their information by returning the data sheets recently mailed to home addresses to Human Resources, Cleveland Hall 403. If you did not receive a data sheet, you may review your listing in the online internal directory at www.buffalostate.edu/findpeople.xml.
If changes are required, you may submit them to Human Resources by one of the following methods:
Changes received by Friday, September 23, will appear in the new directory.
New college employees who are not on the state payroll (e.g., Research Foundation, Buffalo State College Foundation, Barnes & Noble at Buffalo State Bookstore, Dining Services) must complete the Directory Add/Update Form to be included in the campus directory. Non-state employees may also use the Add/Update Form to change existing directory information. Personnel officers from these areas should contact Human Resources when employees are terminated so their department directory listings are accurate and current.
Offices or departments that keep contact information for retired faculty and staff are asked to share this information with the Human Resource Management Office, who maintains the emeriti directory. Please submit this information to kawalel@buffalostate.edu.
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Internal Control Standards and Public Officers Law
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
- Reasonable Assurance. Internal control systems are to provide reasonable assurance that the objectives of the systems will be accomplished.
- Supportive Attitude. Managers and employees are to maintain
and demonstrate a positive and supportive attitude toward internal controls at all
times.
- 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.
- Control Objectives. Internal control objectives are to be identified or developed for each agency activity and are to be logical, applicable, and reasonably complete.
- Control Technique. Internal control techniques are to be effective and efficient in accomplishing their internal control objectives.
- 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
- 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.
- Recording of Transactions and Events. Transactions and other significant events are to be promptly recorded and properly classified.
- 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.
- Separation of Duties. Key duties and responsibilities in authorizing, processing, recording, and reviewing transactions should be separated among individuals.
- Supervision. Qualified and continuous supervision is to be provided to ensure that internal control objectives are achieved.
- 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 which 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 by which he or she 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.
Contact Gary Phillips, associate vice president and comptroller, at ext. 4312 with questions about the Internal Control Act or Public Officers Law.
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Part-Time-Job Luau
The fifth annual Part-Time-Job Luau will be held today from 11:30 a.m. to 1:30 p.m. in the Student Union Quad (if raining, E. H. Butler Library 210).
This fun and casual event will provide Buffalo State College students with an opportunity to find part-time jobs by speaking with employers in an informal, relaxed setting. The Part-Time-Job Luau will feature more than 25 representatives from on-campus departments and local businesses and organizations. A list of organizations attending the fair is available on the Career Development Web site.
Please pass the word on to students about this exciting Buffalo State event and feel free to join us for the festivities and refreshments.
The Part-Time-Job Luau is sponsored by the Career Development Center and is open to all Buffalo State College students.
For more information, contact the Career Development Center, Cleveland Hall 306 or ext. 5811, or visit the CDC Web site.
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 Equity and Campus Diversity 2006–2007 Minigrant Program
The Equity and Campus Diversity Office will receive applications for 2006–2007 Equity and Campus Diversity Minigrants. The grants provide financial assistance for projects, workshops, and activities to strengthen excellence in diversity as described in the college mission, strategic directions, and core values.
Awards of approximately $800 to $2,000 will be awarded to student organizations, academic clubs, departments, programs, and individual faculty or staff members. The average minigrant is expected to be $850; however, projects of superior merit that are directly related to diversity in the curriculum may be funded for up to $2,000. Awards are contingent on available funds and approval by the president. Award funds must comply with SUNY accounting policies and thus cannot be used to purchase food or beverages. Information and applications are available at www.buffalostate.edu/equity/x557.xml.
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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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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 faculty or staff members and students to whom the faculty or staff members do not have current professional responsibilities are strongly discouraged.
- Sexual or amorous relationships between supervisors and non-student employees to whom the supervisors have current or reasonable foreseeable professional responsibilities are strongly discouraged. Where such a relationship exists, previously existed, or develops, it shall be the responsibility of the supervisor (and his or her supervisor) to remove himself or herself from any evaluation of the employee, and from any activity or decision that 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. 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) that 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 that 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 preponderance of 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, 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 Equity and Campus Diversity Office 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.
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