Section 1 : The University

State University of New York
The State University of New York is a unique system of higher education composed of a network of 64 public colleges and university centers, united by central planning and coordination. It is the largest public university system in the nation.

Every public institution of higher education in the state, except the municipal City University of New York, is a member of the network. Liberal arts colleges, university centers, colleges of agriculture, human ecology, industrial and labor relations, veterinary medicine, ceramics, environmental science and forestry, and maritime studies, medical schools, two-year colleges of agriculture and technology, and community colleges in 30 counties in the state all exist within the State University. There is scarcely a single area of important human activity, from automotive engineering, fruit production, and nursing to medieval studies, urban planning, and astrophysics that cannot be studied somewhere within the University.

During the 1960s the State University, with a speed unprecedented in educational history, reshaped the teachers colleges into liberal arts institutions, developed four major university centers, modernized and expanded three medical schools and set up one completely new health science center, expanded the programs of the specialized colleges with an emphasis on meeting the technological demands of modern society and providing a wide range of services for local communities. About $2 billion of new construction alone was required between 1948 and the present, much of it being noted by architects, critics, and art museums--and numerous students--for its beauty and sensitivity to human functions.

Presently the State University is engaged in an extensive effort to adjust higher education to the future. In the years ahead, advanced education will be necessary for most people throughout their entire careers. The costs of education will have to be made more manageable for the public, and new technology will need to be harnessed to enhance the feasibility and extend the audience of excellent teachers. Now cooperative programs between secondary schools and colleges; three-year college programs instead of four; more mini-courses and classes at all hours; a new college for the arts; an easier flow of students among the State University colleges; off-campus or at-home learning through distance learning or the Empire State College, and regional programs that capitalize on all the educational resources in any section in the State represent some of the new directions of the State University.

The State University of New York operates as an independent entity under the direction of its own Board of Trustees. (It is subject to the general guidelines of the Board of Regents though, just as is every private college, public library, and high school in the state.) Basically, the University has six kinds of institutions.

There are four university centers, located at Albany, Binghamton, Buffalo and Stony Brook.

There are 10 colleges of arts and science located throughout the state: Brockport, Buffalo, Cortland, Fredonia, Geneseo, New Paltz, Oneonta, Oswego, Plattsburg, and Potsdam. There are also three relatively new colleges--Old Westbury, for the rapidly growing population on Long Island; Purchase, devoted especially to preparation in the visual and performing arts; and the Empire State College, based at Saratoga Springs but really a college without a campus, designed to serve young people and adults who can study largely on their own without much conventional classroom instruction. The fourth college, at Utica-Rome, concentrates on upper division work in advanced technology.

A third kind of institution is the specialized state college, devoted to concentrated four-year, graduate and professional study in a particular field. There are eight: agriculture, ceramics, environmental science and forestry, human ecology, industrial and labor relations, maritime engineering, optometry, and veterinary science. Five of these are located at private university campuses--agriculture, human ecology, industrial and labor relations, and veterinary science at Cornell University in Ithaca; ceramics at Alfred University. These are officially called contract colleges. The College of Environmental Science and Forestry is adjacent to Syracuse University; the College of Optometry is located in New York City; and the Maritime College is in the Bronx on the edge of Long Island Sound.

Fourth, there are the four medical, or health science, centers. Two are free-standing, The Health Science Center at Syracuse and The Health Science Center at Brooklyn, and two are part of the university centers at Buffalo and Stony Brook.

Fifth, the five University Colleges of Technology were founded in smaller towns early in the century as regional two-year colleges to help make farming in their areas more scientific and productive. Each of them has added technical programs ranging from horticulture and mechanics to electronics and aeronautics. Each now offers both Associate Degrees and Bachelor Degrees in appropriate specialized areas.

There are dormitories at each, as students from all over New York attend these colleges, although much of each college's enrollment is drawn from its surrounding section of the state. These state-operated colleges (at Alfred, Canton, Cobleskill, Delhi, and Morrisville) are compact and intimate, with 2,000 to 3,000 students. The two-year academic programs are designed to be both complete in themselves and preparatory for further college study. Numerous students each year transfer to other colleges in the State University. In 1987, the names of these colleges were changed from Agriculture and Technology Colleges to Colleges of Technology; however, Cobleskill and Morrisville chose to retain "Agriculture" in their title.

Sixth, 30 two-year community colleges are almost entirely creations of the past 30 years. These community colleges are jointly operated by the State University and their local sponsors (usually a county), unlike the other totally State-operated campuses.

The State University of New York has the largest enrollment of any university in the world. Nearly 380,000 students attend the 64 institutions of the network, two-thirds of them full-time. The number of part-time students has been rising over the past decade, the result of a new trend in higher education and the University's flexible, many sided educational services. About 97 percent of the students are from New York State. Of the students from outside the state, nearly 5,000 annually come from foreign countries. (About 2,000 University students study abroad for a semester or more each year.) To date the State University has graduated just over one million students.

Most of the students come to the University directly from secondary school and are between 17 and 23 years of age. More than 100,000 students are 24 years of age or older, reflecting State University's ability to adjust to the needs of more mature students. More students each year postpone college for a while, adopt staggered study-work-study patterns, or postpone upper-college or graduate work until their career interests have solidified. College as exclusively a pre-work experience for youth is changing rapidly, and the State University is adjusting to the new trend.

Since 1966 the State University has made a powerful effort to address educational inequality by a variety of programs for students who are under-privileged or from minority groups. There are ten tuition-free Educational Opportunity Centers--Albany, Brooklyn, Buffalo, Long Island, Manhattan, Rochester, Schenectady, Syracuse, Troy and Westchester--which provide remedial instruction and occupational training for about 11,000 students annually who want better job opportunities or college preparation. The Educational Opportunity Centers are the result of a merger of two separate but related programs, the University's Urban Centers and the Cooperative College Centers. Roughly 5,000 students, mainly African American, Puerto Rican and American Indian with weak preparation but high potential, are admitted annually to State University two-year and four-year institutions with special tutoring, counseling, and reduced programs at first, and with financial assistance under the Educational Opportunity Program.

It is the policy of the State University of New York not to discriminate on the basis of sex in admissions, employment and treatment of students and employees in any education program or activity administered by any of its units.

In September 1978 the new motto of the State University of New York was officially adopted as "To Learn--To Search--To Serve". The Board of Trustees feels this more adequately reflects the scope of the University's mission.

The State University of New York provides an opportunity for every citizen in the state to become what his/her dream pulls him/her toward becoming. It serves the state--and the nation--in a variety of ways every year. And, it is providing a new model of what truly democratic higher education of the future might be like.

Family Education Rights and Privacy Act of 1974
The Family Education Rights and Privacy Act requires colleges to inform students of their rights under this act. An annual notice of these rights is published in the following College publications: Emphasis, the Student Handbook, and the Faculty Handbook.

Copies of Cobleskill's policy are available on request through the Office of the Registrar, SUNY Agricultural and Technical College at Cobleskill.

As required by Section 99.5 HEW regulations and 438 of the Family Education Rights and Privacy Act of 1974, the following is a statement of policy applicable to the SUNY Agricultural and Technical College at Cobleskill:
Statement of Policy for Family Education Rights and Privacy Act of 1974
Definitions

Student includes any person who has completed the registration process for any semester at SUNY Cobleskill and for whom the College has developed an education record.

Parents of a Dependent Student - Defined by Section 152 of the Internal Revenue Code of 1954.

Right to Access

A parent of a dependent student or a student who wishes to inspect and review their education records must submit a written request to the appropriate office which maintains the record and will receive a response within forty-five days. The offices and the records they maintain are:

Office of the Registrar, Knapp Hall, maintains educational records which include the students schedule of classes, official transcript, and the permanent record folder which contains application for admission, official correspondence and documentation relating to the student's academic record.

The Career Development Office maintains faculty evaluations requested by students to be placed in their folders. Availability to students is dependent upon whether or not they sign a wavier of their right to see their records.

Wellness and Counseling Services maintains individual medical and counseling records which are available upon the request of the student.

The College will not disclose personally identifiable information from the educational records of a student without prior written consent of the parent of the dependent student or the student except as otherwise permitted by statute and regulation or to College officials for "legitimate educational interests".

For the purpose of this act, "college official" may be defined as any member of the College faculty or non-teaching professionals. Any data contained in the student's educational records which may be a factor in the student's performance in his or her academic program or may effect the student's eligibility to remain in good standing or participate in College functions may be considered to be a "legitimate educational interest".

The categories of personally identifiable information which SUNY Agriculture and Technology College has designated as directory information are: name, home address, local address, telephone number, date of birth, dates of attendance, major, degrees received (if any), honors, and past and present participation in officially recognized sports activities and related physical factors (height and weight of athletes).

Costs

Educational records which are made for the parents of dependent students and students under 438 of the act will be charged according to the following schedule of fees: Official Transcripts - First copy is free to the student; all additional copies are $5 each.
Records of Requests and Disclosures
The College maintains records of requests and disclosures of personally identifiable information. The records of request, whether granted or not shall include the names and addresses of the person(s) who requested the information and their legitimate interests in the information. Records of requests and disclosures need not be maintained for those requests made by students for their own use, those disclosures made in response to written requests from students, those made by school officials or those specified as directory information.

The records of disclosures and requests for disclosures are considered a part of the students' educational records and are maintained with the permanent record for the period defined by the College.

The records of requests and disclosures may be inspected by the student, legitimate school officials and by federal auditors.
Challenge of the Contents of Educational Records
Through a written request, a parent of a dependent student or a student has the opportunity to seek the correction of education records and to amend that part of the record they feel is inaccurate. If full relief is not provided, they must be informed of their rights to a formal hearing. The opportunity for a hearing should not be construed to apply to questions concerning the underlying reasons for the granting of a particular grade. Instead, a hearing to determine the accuracy of any grade should be confined to the issue of whether or not the recorded grade corresponded to the grade reported by the faculty member. Decisions of the hearing panels will be final. The college will amend the record in accordance with the decisions of the board.

Should the decisions be unsatisfactory, the student has the right to place in the educational record reasons for the disagreement. The statement will be maintained as long as the record is maintained and when disclosed to an authorized party, must include the statement filed by the student.

The hearing board will be appointed by the Chief Administrative Officer or his/her designee.
Rules and Regulations for the Maintenance of Public Order
Rules and Regulations for the Maintenance of Public Order on Premises of State-Operated Institutions of the State University of New York Adopted by the Board of Trustees of the State University on June 18, 1969, and Amended on July 10, 1969, April 9, 1970, and April 29, 1970.

Section 535.1: Statement of Purpose.

The following rules are adopted in compliance with Section 6450 of the Education Law and shall be filed with the Commissioner of Education and the Board of Regents on or before July 20, 1969, as required by that section. Said rules shall be subject to amendment or revision and any amendments or revisions thereof shall be filed with the Commissioner of Education and Board of Regents within ten days after adoption. Nothing herein is intended, nor shall it be construed, to limit or restrict the freedom of speech nor peaceful assembly. Free inquiry and free expression are indispensable to the objectives of a higher educational institution. Similarly, experience has demonstrated that the traditional autonomy of the educational institution (and the accompanying institutional responsibility for the maintenance of order) is best suited to achieve these objectives. These rules shall not be construed to prevent or limit communication between and among faculty, students and administration, or to relieve the institution of its special responsibility for self-regulation in the preservation of public order. Their purpose is not to prevent or restrain controversy and dissent but to prevent abuse of the rights of others and to maintain that public order appropriate to a college or university campus without which there can be no intellectual freedom and they shall be interpreted and applied to that end.


Section 535.2: Application of Rules.

These rules shall apply to all state-operated institutions of the State University. These rules may be supplemented by additional rules for the maintenance of public order heretofore or hereafter adopted for any individual institution, approved and adopted by the State University Trustees and filed with the Commissioner of Education and Board of Regents, but only to the extent that such additional rules are not inconsistent herewith. The rules hereby adopted shall govern the conduct of students, faculty and other staff, licensees, invitees, and all other persons, whether or not their presence is authorized, upon the campus of any institution to which such rules are applicable and also upon or with respect to any other premises or property, under the control of such institution, used in its teaching, research, administrative, service, cultural, recreational, athletic and other programs and activities, provided, however, that charges against any student for violation of these rules upon the premises of any institution other than the one at which s/he is in attendance shall be heard and determined at the institution in which s/he is enrolled as a student.


Section 535.3: Prohibited Conduct.

No person, either singly or in concert with others, shall:

Willfully cause physical injury to any other person, nor threaten to do so for the purpose of compelling or inducing such other person to refrain from any act which s/he has a lawful right to do or to do any act which s/he has a lawful right not to do.

Physically restrain or detain any other person, nor remove such person from any place where s/he is authorized to remain.

Willfully damage or destroy property of the institution or under its jurisdiction, nor remove or use such property without authorization.

Without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty or staff member.

Enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others.

Without authorization, remain in any building or facility after it is normally closed.

Refuse to leave any building or facility after being required to do so by an authorized administrative officer.

Obstruct the free movement of persons and vehicles in any place to which these rules apply.

Deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures and meetings or deliberately interfere with the freedom of any person to express his/her views, including invited speakers.

Knowingly have in his/her possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the chief administrative officer whether or not a license to possess the same has been issued to such person.

Willfully incite others to commit any of the acts herein prohibited with specific intent to procure them to do so.


Section 535.4: Freedom of Speech and Assembly: Picketing and Demonstrations.

No student, faculty or other staff member or authorized visitor shall be subject to any limitation or penalty solely for the expression of his/her views nor for having assembled with others for such purpose. Peaceful picketing and other orderly demonstrations in public areas of ground and building will not be interfered with. Those involved in picketing and demonstrations may not, however, engage in specific conduct in violation of the provisions of the preceding section.

In order to afford maximum protection to the participants and to the institutional community, each state-operated institution of the State University shall promptly adopt and promulgate, and thereafter continue in effect as revised from time to time, procedures appropriate to such institution for the giving of reasonable advance notice to such institution of any planned assembly, picketing or demonstration upon the grounds of such institution, its proposed local and intended purpose, provided, however, that the giving of such notice shall not be made a condition precedent to any such assembly, picketing or demonstration and provided, further, that this provision shall not supersede nor preclude the procedures in effect at such institution for obtaining permission to use the facilities thereof.


Section 535.5: Penalties.

A person who shall violate any of the provisions of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall:

If s/he is a licensee or invitee, having his/her authorization to remain upon the campus or other property withdrawn and shall be directed to leave the premises. In the event of his/her failure or refusal to do so, s/he shall be subject to ejection.

If s/he is a trespasser or visitor without specific license or invitation, be subject to ejection.

If s/he is a student, be subject to expulsion or such lesser disciplinary action as the facts of the case may warrant, including suspension, probation, loss of privileges, reprimand or warning.

If s/he is a faculty member having a term or continuing appointment, be guilty of misconduct and be subject to dismissal or termination of his/her employment or such lesser disciplinary action as the facts may warrant including suspension without pay or censure.

If s/he is a staff member in the classified service of the civil service, described in section 75 of the Civil Service Law, be guilty of misconduct, and be subject to the penalties prescribed in said action.

If s/he is a staff member other than one described in subdivisions (D) and (E), be subject to dismissal, suspension without pay or censure.


Section 535.6: Procedure.

The chief administrative officer or his/her designee shall inform any licensee or invitee who shall violate any provisions of these rules (or of the rules of any individual institution supplementing or implementing these rules) that his/her license or invitation is withdrawn and shall direct him to leave the campus or other property of the institution. In the event of his/her failure or refusal to do so, such officer shall cause his/her ejection from such campus or property.

In the case of any other violator, who is neither a student nor faculty or other staff member, the chief administrative officer or his/her designee shall inform him that s/he is not authorized to remain on the campus or other property of the institution and direct him to leave such premises. In the event of his/her failure or refusal to do so, such officer shall cause his/her ejection from such campus or property. Nothing in this subdivision shall be construed to authorize the presence of any such person at any time prior to such violation nor to affect his/her liability to prosecution for trespass or loitering as prescribed in the Penal Law.

In the case of a student, charges for violation of any of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be presented and shall be heard and determined in the manner hereinafter provided in Section 535.9 of this part.

In the case of a faculty member having a continuing or term appointment, charges of misconduct in violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be made, heard and determined in accordance with title D of part 338 of the Policies of the Board of Trustees.

In the case of any staff member who holds a position in the classified civil service, described in section 75 of the Civil Service Law, charges of misconduct in violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be made, heard and determined as prescribed in that section.

Any other faculty or staff member who shall violate any provisions of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be dismissed, or suspended or censured by the appointing authority prescribed in the Policies of the Board of Trustees.


Section 535.7: Enforcement Program.

The chief administrative officer shall be responsible for the enforcement of these rules (or of the rules of any individual institution supplementing or implementing these rules) and s/he shall designate the other administrative officers who are authorized to take action in accordance with such rules when required or appropriate to carry them into effect.

It is not intended by any provision herein to curtail the right of students, faculty or staff to be heard upon any matter affecting them in their relations with the institution. In the case of any apparent violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) by such persons, which, in the judgment of the chief administrative officer or his/her designee, does not pose any immediate threat of injury to person or property, such officer may make reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for the resolution of any issues which may be presented. In doing so, such officer shall warn such persons of the consequences of persistence in the prohibited conduct, including their ejection from any premises of the institution where their continued presence and conduct is in violation of these rules (or of the rules of any individual institution supplementing or implementing these rules).

In any case where violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) does not cease after such warning and in other cases of willful violation of such rules, the chief administrative officer or his/her designee shall cause the ejection of the violator from any premises which s/he occupies in such violation and shall initiate disciplinary action as hereinbefore provided.

The chief administrative officer or his/her designee may apply to the public authorities for any aid which s/he deems necessary in causing the ejection of any violator of these rules (or of the rules of any individual institution supplementing or implementing these rules) and s/he may request the State University counsel to apply to any court of appropriate jurisdiction for an injunction to restrain the violation or threatened violation of such rules.


Section 535.8: Communication.

In matters of the sort to which these rules are addressed, full and prompt communication among all components of the institutional community, faculty, students and administration, is highly desirable. To the extent that time and circumstances permit, such communication should precede the exercise of the authority, discretion and responsibilities granted and imposed in these rules. To these ends each state-operated institution of the State University shall employ such procedures and means, formal and informal, as will promote such communication.


Section 535.9: Notice, Hearing and Determination of Charges Against Students.

The term "chief administrative officer", as used in these rules, shall be deemed to mean and include any person authorized to exercise the powers of that office during a vacancy therein or during the absence or disability of the incumbent.

Whenever a complaint is made to the chief administrative officer of any state-operated institution of the University of a violation by a student or students of the rules prescribed in this Part (or of any rules adopted by an individual institution supplementing or implementing such rules) or whenever s/he had knowledge that such a violation may have occurred, s/he shall cause an investigation to be made and the statements of the complainants, if any, and of other persons having knowledge of the facts reduced to writing. If s/he is satisfied from such investigation and statements that there is reasonable ground to believe that there has been such a violation, s/he shall prepare or cause to be prepared charges against the student or students alleged to have committed such violation which shall state the provision prescribing the offense and shall specify the ultimate facts alleged to constitute such offense.

Such charges shall be in writing and shall be served on the student or students named therein by delivering the same to him or them personally, if possible, or, if not, by mailing a copy of such charges by registered mail to such student or students at his/her or their usual place or places of abode while attending college and also to his/her or their home address or addresses, if different.

The notice of charges so served shall fix a date for hearing thereon not less than ten nor more than fifteen days from the date of service which shall be the date of mailing where necessary to effect service by mail. Failure to appear in response to the charges on the date fixed for hearing, unless there has been a continuance for good cause shown, shall be deemed to be an admission of the facts stated in such charges and shall warrant such action as may then be appropriate thereon. Before taking such action, the Hearing Committee, hereinafter referred to, shall give notice to any student, who has failed to appear, in the manner prescribed in paragraph (C), of its proposed findings and recommendations to be submitted to the chief administrative officer and shall so submit such findings and recommendations ten days thereafter unless the student has meanwhile shown good cause for his/her failure to appear, in which case a date for hearing shall be fixed.

Upon demand at any time before or at the hearing, the student charged or his/her representative, duly designated, shall be furnished a copy of the statements taken by the chief administrative officer in relation to such charges and with the names of any other witnesses who will be produced at the hearing.

The chief administrative officer may, upon the service of charges, suspend the student named therein, pending the hearing and determination thereof, whenever, in his/her judgment, the continued presence of such student would constitute a clear danger to himself or to the safety of persons or property on the premises of the institution or would pose an immediate threat of disruptive interference with the normal conduct of the institution's activities and functions, provided, however, that the chief administrative officer shall grant an immediate hearing on request of any student so suspended with respect to the basis for such suspension.

There shall be constituted at each state-operated institution a Hearing Committee to hear charges against students of violation of the rules for maintenance of public order prescribed by or referred to in this Part. Such committee shall consist of three members of the administrative staff and three members of the faculty, designated by the chief administrative officer, and three students who shall be designated by the members named by the chief administrative officer. Each such member shall serve until his/her successor or replacement has been designated. No member of the committee shall serve in any case where s/he is a witness or is or has been directly involved in the events upon which the charges are based. In order to provide for cases where there may be such a disqualification and for cases of absence or disability, the chief administrative officer shall designate an alternate member of the administrative staff and an alternate member of the faculty, and his/her principal designees shall designate an alternate student member, to serve in such cases. Any five members of the committee may conduct hearings and make findings and recommendations as hereinafter provided.

At any institution where the chief administrative officer determines that the number of hearings which will be required to be held is, or may be so great that they cannot otherwise be disposed of with reasonable speed, s/he may determine that the Hearing Committee shall consist of six members of the administrative staff and six members of the faculty to be designated by the members so designated by him. In such event the chief administrative officer shall designate one of such members as chairman who may divide the membership of the committee into three divisions each to consist of two members of the administrative staff, two faculty members and two students and may assign charges among such divisions for hearing. Any four members of each such division may conduct hearings and make recommendations as hereinafter provided.

The Hearing Committee shall not be bound by the technical rules of evidence, but may hear or receive any testimony or evidence which is relevant and material to the issues presented by the charges and which will contribute to a full and fair consideration thereof and determination thereon. A student against whom the charges are made may appear by and with representatives of his/her choice. S/He may confront and examine witnesses against him and may produce witnesses and documentary evidence in his/her own behalf. There may be present at the hearing: the student charged and his/her representatives and witnesses; other witnesses; representatives of the institutional administration; and, unless the student shall request a closed hearing, such other members of the institutional community or other persons, or both, as may be admitted by the Hearing Committee. A transcript of the proceeding shall be made.

Within twenty days after the close of a hearing, the Hearing Committee shall submit a report of its findings of fact and the recommendations for disposition of the charges to the chief administrative officer, together with a transcript of the proceedings, and shall at the same time transmit a copy of its report to the student concerned or his/her representative. Within ten days thereafter, the chief administrative officer shall make his/her determination thereon. Final authority to dismiss the charges or to determine the guilt of those against whom they are made and to expel, suspend or otherwise discipline them shall be vested in the chief administrative officer. If s/he shall reject the findings of the Hearing Committee in whole or in part, s/he shall make new findings which must be based on substantial evidence in the record and shall include them in the notice of his/her final determination which shall be served upon the student or students with respect to whom it is made.
Policies of the Board of Trustees
Definition of Policies of the Board of Trustees

These are the official policies by which State University central staff and all the campuses are governed. Specifically, they set forth rules and regulations relating the College Officers and Organization, College Faculty, Appointment of Professional Staff, Recruitment, Promotion, Transfer, Leaves of Absence, Terminations of Service, Retirement, Student Assembly, and University Council of Presidents. Each Faculty member should have received a copy of the Policies and should be familiar with its contents.

The Board of Trustees is given its authority by the State Legislature.
The following is a summary of the table of contents of the publication Policies of the Board of Trustees State University of New York.
   
Article I Construction and Application
Article II Definitions
Article IV University Officers
Article VI University Faculty
Article VII University Faculty Senate
Article VIII Councils
Article IX College Officers and Organization
Article X College Faculty
Article XI Appointment of Employees
Article XII Evaluation and Promotion of Academic and Professional Employees
Article XIII Leave of Absence for Employees in the Professional Service
Article XIV Terminations of Service
Article XV Retirement
Article XVI Plan for the Management of Clinical Practice Income
   
Article XVII Student Assembly
Article XVIII University Council of Presidents
Article XIX Applicability
Equal Employment Opportunity Policy
State University of New York Board of Trustees

Resolved that the statement entitled, Equal Employment Opportunity in State University of New York, as set forth below, be, and hereby is, adopted as the policy of State University on equal opportunity; and the Chancellor, or his/her designee, be, and hereby is, authorized and directed to take all steps necessary and proper to promulgate and implement said policy:

Equal Employment Opportunity in State University of New York

State University of New York, in recognition of its educational mission, its social concern, its responsibility for the personal development of individuals, and its concern for the rights of the individual, does hereby express and establish this University Policy of Equal Employment Opportunity.

It is the policy of the State University of New York to provide equal opportunity in employment for all qualified persons; to prohibit discrimination in employment; and to promote the full realization of equal employment opportunity through a positive, continuing program for the University as a whole and for each constituent unit of the University.

This policy of equal employment opportunity:

Applies to all persons without regard to race, creed, color, national origin, age, marital status, arrest, disability, or sex, except where sex is a bona fide occupational qualification.

Applies equally to all job classifications and titles in State University and to all types of appointments under University jurisdiction, whether full-time or part-time.

Governs all University employment policies, practices and actions including but not necessarily limited to: recruitment, employment, rate of pay or other compensation, advancement, upgrading, promotion, demotion, renewal, non-renewal, termination, transfer, layoff, leave, training, and employee benefits of whatever nature.

Applies equally to all State University organizational units.

Expects each contractor, supplier, union, public agency or other cooperative agent to support this policy by complying with all applicable State and Federal equal employment opportunity laws and regulations.


Full, immediate and continuing realization of this policy in State University is to be undertaken by:

Developing Affirmative Action Programs which will: detail actions designed to realize the University's commitment to equal employment; analyze employment patterns within the University; set forth plans to rectify any deficiencies; identify and remove impediments to equal employment opportunity; establish goals and timetables for affirmative action; provide for the internal and external dissemination of University policy; pursue the commitment to equal employment opportunity throughout the institution; and provide for the review, assessment, evaluation, and improvement of University action in carrying out this policy and affirmative action programs.

Committing staff and support necessary to make effective the equal employment policies and programs of the University. University-wide liaison and leadership in equal employment opportunity shall be effected through a membership of the Chancellor's staff. Campus liaison and leadership shall be effected through a member of the President's staff. The liaison and leadership function will embrace such activities as: developing policy statements and Affirmative Action Programs; developing internal and external communication techniques; assisting in the identification of problem areas and establishment of goals and objectives; assisting campus administration; internally assessing compliance; providing liaison among the University, enforcement agencies, minority organizations, and community action groups; designing and implementing audit and reporting systems required for effective monitoring and operation of affirmative action programs.

In support of this policy, State University affirms its right to take appropriate action if it or other duly constituted authority should determine that applicable Federal and State equal employment opportunity laws and regulations have been violated, or that the effect and intent of this policy have been willfully or habitually abrogated.

The development of programs, plans and procedures necessary to carry out a campus program for Equal Opportunity in Employment is coordinated by the Director of Human Resources and Affirmative Action.

Equality of Opportunity in Educational Programs and Employment at State University of New York

As a unit of the State University of New York, the College is subject to Title IX of the Education Amendments of 1972. Specifically, Title IX states:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Student and employee complaints alleging any action prohibited under Title IX will be handled under the grievance procedure developed by the State University. Complaints should be filed with the Affirmative Action Officer.

The College is also subject to Section 504 of the Rehabilitation Act of 1973. Section 504 reads as follows:

No otherwise qualified handicapped individual in the United States, as defined in Section 7 (6), shall, solely by reason of his handicap be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

In accordance with Section 504 of the Federal Rehabilitation Act of 1973, as amended, State Laws and the Governor's Executive Order 40, the State University of New York does not discriminate against handicapped persons in the recruitment or admission of students, the recruitment of and employment of faculty and staff or in the operation of any of its programs and activities.

The State University grievance procedure developed for Title IX also applies to complaints alleging failure to comply with the provisions of Section 504.
State University of New York Non-Discrimination Policy
The State University of New York in accordance with applicable Federal and State laws, does not discriminate on the basis of race, sex, ethnicity, national origin, religion, age, disability, marital status, and arrest and/or conviction record. Further, in accordance with the Vietnam Era Veterans' Readjustment Assistance Acts, disabled and Vietnam Era veterans are ensured of non-discriminatory treatment.

Additionally, discrimination on the basis of sexual orientation in the provision of any services or benefits by State University of New York Board of Trustees also requires that personal preferences of individuals which are unrelated to performance such as sexual orientation shall provide no basis for judgment of such individuals.

The Office of Employee Relations has established a uniform complaint procedure for all State employees. Under these procedures, any "employee or representative" may file a sexual orientation discrimination complaint with OER which will investigate and issue a determination with respect to the complaint. If OER determines that reasonable belief exists that employment discrimination or harassment on the basis of sexual orientation has occurred it may require the agency to take appropriate corrective action. While the OER procedures refer only to "employees", we have been advised by OER that applicants for employment may also file complaints. The OER procedures, however, do not apply to students.

The College was also advised that the SUNY Internal Discrimination Grievance Procedure should be used for both employee and student complaints involving sexual orientation discrimination. The OER procedure is available as an alternate mechanism if the employee chooses not to file a complaint under the SUNY Internal Grievance Procedure - The Internal Grievance Procedure provides that if an individual files a complaint with an external agency, the complaint shall not also be investigated under the SUNY Internal Grievance Procedure. Complaints filed with OER should be treated as complaints filed with external agencies.

Any violation of the University's non-discrimination policy should be reported to the campus Affirmative Action Officer.
Policy Regarding Sexual Harassment
Sexual Harassment is Unlawful

Harassment on the basis of sex is a direct violation of Title VII of the Civil Rights Act of 1964 as amended by interim guidelines 1604.11, Sexual Harassment, established by the Equal Employment Opportunity Commission. The guidelines state that such "unwelcomed behavior may be either physical or verbal in nature. Unwelcomed sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (l) submission of 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 a 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."

Policy

Sexual harassment of SUNY College of Agriculture and Technology at Cobleskill employees or of students which imposes requirement of sexual cooperation as a condition of employment or academic advancement is inimical and will not be tolerated in this academic community.

Whenever knowledge is received that a sex-based condition is being imposed, prompt and remedial action to investigate the allegation will be taken.

Procedure

Initial complaints should be referred to the Affirmative Action Officer as soon as possible. SUNY College of Agriculture and Technology faculty, staff and/or students may file a formal grievance in writing with the Affirmative Action Office within forty-five (45) calendar days of the alleged discriminatory act.

Questions relative to this campus policy and procedure should be referred to the Affirmative Action Officer.

 

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