Discrimination and Harassment Policy

The University at Buffalo (UB, university) is committed to ensuring equal employment, educational opportunity, and equal access to services, programs, and activities without regard to an individual's age, race, creed, color, ethnicity, national origin including shared ancestry and/or ethnic characteristics, religion, sexual orientation, gender identity or expression, military or veteran status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, criminal conviction, arrest record, citizenship or immigration status, gender, pregnancy, pregnancy outcomes, reproductive healthcare and autonomy, or any other characteristic protected by applicable state or federal law.. This includes, but is not limited to, recruitment, the application process, examination and testing, hiring, training, grading, disciplinary actions, rates of pay or other compensation, advancement, classification, transfer and reassignment, discharge, and all other terms and conditions of employment, educational status, and access to university programs and activities. Harassment on the basis of the above protected categories is one form of unlawful Discrimination. Employees, students, applicants, or other members of the university community (including but not limited to vendors, visitors, and guests) may not be subjected to Harassment that is prohibited by law or treated adversely based upon a protected characteristic.

UB’s commitment includes maintaining a learning and workplace environment free from Sexual Harassment and unlawful Discrimination. In its continuing effort to seek equity in education and employment, and in support of Federal and State anti-Discrimination legislation, UB has adopted this complaint procedure for the prompt and equitable investigation and resolution of allegations of unlawful Discrimination. UB will take steps to prevent Discrimination and Harassment, to prevent their recurrence, and to remedy their discriminatory effects on the victim(s) and others, if appropriate. Sex discrimination includes Sexual Harassment and sexual and interpersonal violence. Depending on whether the alleged conduct meets the definition found at 34 C.F.R. § 106.30 and the affiliation of the Respondent, it may be addressed under this Procedure or the applicable Title IX of the Education Amendments of 1972 (“Title IX”)”) Grievance Procedure.

The university will provide accommodations to ensure the full participation of individuals in university programs, when such accommodations are reasonable and necessary due to an individual's disability, religion, pregnancy, maternity, breastfeeding, transgender status, or sexual violence victim status. The university will provide accommodations to individuals with disabilities in accordance with its Reasonable Accommodation Policy. Religious accommodations will be provided in accordance with the university’s Religious Accommodation and Expression Policy.

Retaliation against a person who files a complaint, serves as a witness, or assists or participates in any manner in this Procedure is strictly prohibited and may result in disciplinary action up to and including termination or expulsion. Participants who experience Retaliation should contact the Office of Equity, Diversity and Inclusion (EDI) and may file a complaint pursuant to this procedure. 

Equity, Diversity and Inclusion (EDI) is the campus office designated to manage reports of Discrimination. EDI will receive reports of Discrimination, conduct necessary investigations, report findings, and make recommendations in accordance with the process outlined below.

This policy incorporates by reference the State University of New York (SUNY) Discrimination Complaint Procedure for Non-Title IX Discrimination and Title IX Discrimination (including Title IX sex-based Harassment involving employee Respondents), Document Number 6501 (effective date August 15, 2026).

The Discrimination reporting process provides a mechanism through which the university may identify, respond to, prevent, and eliminate incidents of illegal Discrimination. UB recognizes and accepts its responsibility in this regard and believes that the establishment of this internal grievance process will benefit students, faculty, staff, and administration, permitting investigation and resolution of violations of law or policy. All Parties involved in the investigation are expected to cooperate and provide truthful information throughout the investigation. Failure to do so may compromise the integrity of the investigation or cause delays. All members of the campus community are expected to cooperate with this procedure.

Allegations of Covered Sexual Harassment will be processed under UB’s Title IX Grievance Procedure for Student Respondents or Title IX Grievance Procedure for Employee Respondents as outlined in Appendix A of this policy.

This policy and procedure may be used by any person who believes they have been the subject of Discrimination in connection with UB. If a claim of Discrimination or Harassment involves a non-UB entity such as a contractor, vendor, or affiliated hospital, UB will coordinate as necessary to ensure that an appropriate investigation is conducted and that discriminatory or harassing behaviors are addressed.

Reports may be filed in person, by mail, by telephone or online using the following contact information:

Director, Office of Equity, Diversity and Inclusion
406 Capen Hall, Buffalo NY 14260
Email: equity@buffalo.edu
Telephone: (716) 645-2266
Website: buffalo.edu/equity

This procedure does not in any way deprive a Complainant of the right to file with outside enforcement agencies including, without limitation, the New York State Division of Human Rights (“SDHR”), the Equal Employment Opportunity Commission (“EEOC”), the United States Department of Education’s Office for Civil Rights (“ED OCR”), the U.S. Department of Health and Human Services Office for Civil Rights (“HHS OCR”), and the Office of Federal Contract Compliance Programs of the United States Department of Labor (“OFCCP”).

Reports of Discrimination, Harassment, or Retaliation may be made at any time by any person and should be made as promptly as practicable. A Complainant seeking a formal investigation under this Procedure ordinarily should file within one year after the most recent alleged act of Discrimination, Harassment, or Retaliation.

In instances involving a complaint by a student against a faculty or staff member arising from a supervisory, evaluative, teaching, advising, thesis or dissertation supervision, coaching, clinical supervision, or similar relationship, a complaint ordinarily may be filed until one year after that relationship ends or three years after the most recent alleged act, whichever is earlier.

EDI may accept a complaint filed outside the applicable period for good cause or when UB determines that review is otherwise warranted. Relevant considerations may include the nature and severity of the allegations; any ongoing effects or continuing conduct; evidence of a pattern; whether the alleged conduct arose in a supervisory, evaluative, or other relationship involving authority over the Complainant; circumstances affecting the Complainant’s ability to file earlier; institutional safety or compliance concerns; and the availability of relevant evidence.

Delay may limit EDI’s ability to investigate the allegations, make findings, impose discipline, or provide particular remedies, but it does not prevent EDI from reviewing the information and taking other appropriate action. Filing a complaint under this Procedure does not extend any deadline for filing with an outside agency or court.

In the event that EDI cannot conduct an investigation due to a conflict of interest, UB will ensure that the report of Discrimination is investigated by individuals with experience and training in Discrimination compliance. 

Any member of the UB community, including students, employees, or Third Parties, may speak confidentially with an EDI representative regarding potential Discrimination or Harassment. The representative will determine the nature of the issue or concern, obtain relevant facts, and provide guidance as to whether the matter falls under the office's jurisdiction. This initial contact may occur by telephone, email, videoconference, or in person. EDI will respond to all such inquiries, reports, and requests as promptly as possible and in a manner appropriate to the circumstances. EDI’s response may include Interim Measures to protect the Parties during the investigation process and information on filing a complaint using this procedure and/or with an outside enforcement agency.

Administrators, managers, and supervisors must immediately refer to EDI any complaint or concern regarding potential Discrimination or Harassment that is reported to them or that they observe or otherwise become aware of.

EDI will maintain a confidential record of the conversation, to the extent allowed by law. If the matter does not fall under EDI's jurisdiction, or if there are parallel avenues which the individual could pursue (e.g., academic grievance procedures), information will be provided regarding the university resources available to address the concern.

In cases where the reporting individual wishes to discuss the matter but not proceed with an Informal Resolution or Formal Investigation, EDI will maintain a confidential record of the conversation, to the extent allowed by law. It should be noted that in instances of Harassment, there may be situations where the university is legally obligated to pursue an investigation regardless of the individual's willingness to proceed. In this event, the individual will be notified, and steps identified to protect the Complainant against retaliation and ensure an acceptable working or learning environment for the Complainant. In instances involving allegations of serious misconduct, the matter may be referred to appropriate disciplinary channels for investigation.

If the matter falls within EDI's jurisdiction and the individual wishes to pursue Informal Resolution or a Formal Investigation, the Complainant will be advised of the subsequent steps in the process.

The EDI representative who receives any complaint of alleged Discrimination shall:

1. Inform the Complainant about the complaint process and other internal options to resolve the issue;
2. Assist the Complainant in the use of the complaint form; and
3. Provide the Complainant with information about various external agencies with which the complaint may be filed, including where to find applicable time limits for filing with each agency.

Although in limited circumstances, verbal complaints may be acted upon, the procedures set forth here rest upon the submission of a written complaint submitted by paper or electronically that will enable there to be a full and fair investigation of the facts. All complaints must be submitted on EDI’s electronic Information Intake Form or a paper equivalent with the same information.

As soon as reasonably practicable after the filing of the complaint, EDI will provide a copy of the complaint, along with a link to this procedure, to the Respondent.

Individuals may contact EDI anonymously, either for consultation or to report Discrimination. It is important to note that due process considerations may limit the ability to investigate or resolve anonymous complaints.

If the matter falls within EDI's jurisdiction and the individual wishes to pursue Informal Resolution or a Formal Investigation, the Complainant will be advised of the subsequent steps in the process.

The EDI representative who receives any complaint of alleged Discrimination shall:

1. Inform the Complainant about the complaint process and other internal options to resolve the issue;
2. Assist the Complainant in the use of the complaint form; and
3. Provide the Complainant with information about various external agencies with which the complaint may be filed, including where to find applicable time limits for filing with each agency.

Although in limited circumstances, verbal complaints may be acted upon, the procedures set forth here rest upon the submission of a written complaint submitted by paper or electronically that will enable there to be a full and fair investigation of the facts. All complaints must be submitted on EDI’s electronic Information Intake Form or a paper equivalent with the same information.

As soon as reasonably practicable after the filing of the complaint, EDI will provide a copy of the complaint, along with a link to this procedure, to the Respondent.

Individuals may contact EDI anonymously, either for consultation or to report Discrimination. It is important to note that due process considerations may limit the ability to investigate or resolve anonymous complaints.

No party will be required to participate in informal resolution, and UB may never condition enrollment, employment, or enjoyment of any other right or privilege upon agreeing to informal resolution.

EDI may attempt to resolve the underlying issue with the agreement of Complainant and Respondent. The time limitations for investigating a complaint shall be tolled (paused) during the pendency of the informal resolution process. Any party or EDI may elect to end the informal resolution process and proceed to the formal resolution procedure at any time after the Information Intake Form is filed. If the Respondent is an employee, UB’s Office of Employee Relations must be involved prior to EDI making any attempts to informally resolve the complaint.

If a resolution satisfactory to both the Complainant and the Respondent is reached, EDI shall close the case, sending a written notice to that effect to the Complainant and Respondent(s). The written notice, a copy of which shall be attached to the original complaint form in EDI’s file, shall contain the terms of any agreement reached by Complainant and Respondent, and shall be signed and dated by the Complainant, the Respondent(s) and an EDI representative.

If EDI is unable to resolve the complaint to the mutual satisfaction of the Complainant and Respondent(s), EDI shall notify the Parties and initiate the investigation process.

The formal complaint proceeding is commenced by the filing of a complaint form as described above and/or by a Party’s decision to discontinue the informal resolution process. The outcome of the process is a report describing the relevant evidence and making findings.

The investigatory process is guided by the need to balance the need to remedy unlawful Discrimination and Harassment with principles of fairness, due process, and confidentiality. Accordingly, Parties to an investigation are afforded the following rights and protections:

• UB will maintain the confidentiality of Discrimination reports to the fullest extent possible and requests the same of Parties to the investigation and third-party witnesses. Records of conversations with Parties or witnesses will not be released outside of the Campus unless required by law (e.g., outside investigation, Family Educational Rights and Privacy Act (FERPA), Freedom of Information Law (FOIL)), court order, or as needed to pursue available remedies such as student/employee discipline. During any portion of the investigatory procedure, neither the Complainant, Respondent(s), nor any witnesses shall employ audio or video taping devices.
• The Respondent is entitled to due process, including knowledge of the specific allegation(s) and an opportunity to respond prior to imposition of sanctions or an adverse employment or education action. No finding or presumption of wrongdoing will be made absent factual evidence that supports the finding.
• Complainants and Respondents will each have notice of the evidence presented during the investigation, as well as an opportunity to explain and respond to the evidence. The investigator will keep the Parties informed of the progress of the investigation and any actions taken that may affect their rights.

Protection Against Retaliation

Individuals are protected against retaliation for reporting Discrimination or participating in an investigation. If an individual feels that any negative action has been taken as a result of reporting Discrimination or participating in a complaint investigation, this allegation will be investigated separately.

Coordination with Other Enforcement Agencies and Offices

Unless prohibited by applicable law, UB will comply with law enforcement requests for cooperation, and such cooperation may require UB to temporarily delay the fact-finding aspect of an investigation while the law enforcement agency is in the process of gathering evidence. UB will resume its investigation as soon as law enforcement notifies it that such investigation will not interfere with the criminal investigation or prosecution. UB will implement appropriate Interim Measures during the law enforcement agency’s investigation to provide for the safety of the victim(s) and the campus community.

If a parallel or overlapping complaint has been filed with an outside enforcement agency (e.g., SDHR, ED OCR, HHS OCR, EEOC), UB may modify the deadlines and process described in this procedure to avoid interference with that agency’s investigation. If litigation is initiated, UB may pause or continue the investigation in a manner that avoids conflict with litigation counsel, court procedures, and judicial rulings.

At the outset of any complaint, EDI must consult with UB’s Office of Employee Relations if the Respondent is an employee. EDI may refer allegations of serious misconduct that could warrant disciplinary action to the applicable disciplinary offices (e.g., Employee Relations, Student Conduct) for investigation and adjudication. EDI will provide notice to the Complainant of this referral, and will assist in providing information to the Complainant about participation in applicable disciplinary process.

Conducting the Investigation

In conducting investigations, EDI will consider relevant laws, policies and procedures, documentation, and information obtained from the Complainant, Respondent(s), and third-party witnesses. The standard of proof in complaints made under this Procedure is a preponderance of the evidence (more likely than not) regardless of whether or not the allegations would also constitute a crime. The timeframe for investigating a report of Discrimination will depend upon the complexity of the investigation but should not exceed sixty days absent good cause as determined by the Director of EDI. At the conclusion of an investigation, EDI will reduce their findings to a written report, including a recommended outcome on whether a violation occurred and, if warranted, referral to Employee Relations for appropriate disciplinary action.

The following are potential outcomes to a formal investigation:

• The matter is resolved between the Parties and no other issues require UB’s involvement;
• The Complainant elects to withdraw the complaint or requests that there be no further investigation, and there are no other factors which require continuation of the investigation;
• There is insufficient evidence to support a finding of a violation of the SUNY and/or UB policies against Discrimination and Harassment;
• The preponderance of the evidence supports a finding of a violation of the SUNY and/or UB policies against Discrimination and Harassment.

The Parties to a complaint will receive notice of the outcome of the investigation.

Sponsor Notification Requirements

Funding agencies may require the university to report findings or determinations of sexual Harassment, other forms of Harassment, or sexual assault, as well as instances when the university places employees on administrative leave, including when employees have been suspended. EDI will coordinate with Sponsored Projects Services to comply with these funding agency requirements.

Remedies for Policy Violations

When the evidence supports a finding that a violation of law or policy occurred, EDI will recommend appropriate action to the Respondent’s supervisor or unit head (for employees) or the appropriate student conduct or academic official (for students) to remedy such violation(s). If UB’s president is the Respondent, the findings and recommendation shall be submitted to the SUNY Chancellor (or designee), who will act in place of the president.

i. For employees (including student employees) not in a collective bargaining unit: The Respondent’s supervisor or unit head may take such administrative action as they deem appropriate under their authority, including but not limited to, termination, demotion, reassignment, suspension, reprimand, or training.

ii. For students: EDI will consult with Student Conduct to determine whether the findings warrant disciplinary action under UB’s Student Code of Conduct. The potential outcomes may include reprimand, suspension, expulsion, or restriction of access to educational courses or activities. Recommendations may also be made to the student’s department, school or program to address in accordance with their conduct policies or codes of professional conduct.

iii. For employees in collective bargaining units: The Respondent’s supervisor or unit head may determine that sufficient information exists to refer the matter to Employee Relations for disciplinary action, or other action as may be appropriate under the applicable collective bargaining agreement. Potential outcomes of that process may include a reprimand, suspension, termination, training, fine, demotion, or informal or formal counseling.

iv. For medical residents and fellows: the Program Director, in consultation with Graduate Medical Education, may take such administrative action as they deem appropriate consistent with GME conduct policies.

The action of the designee shall be final unless further proceedings under the student code of conduct or applicable collective bargaining agreement are implicated. If the UB president is the Respondent, the Chancellor (or designee) shall issue a written statement indicating what action the Chancellor (or designee) proposes to take. The decision of the Chancellor (or designee) shall be final for purposes of this Discrimination procedure.

Notice of Outcome

Following final determination and/or action, the designee shall issue a letter to the Complainant and to the Respondent(s) advising them that the matter, for purposes of this Discrimination procedure, is closed. In cases of sex Discrimination, the notice of outcome will include the sanctions, as appropriate.

There is no right to appeal an EDI finding. A Complainant may file a charge of Discrimination with the appropriate state or federal enforcement agencies at any point in the process, subject to applicable time limitations. It is important to note that filing an internal report of Discrimination pursuant to the process may not extend the time limits established by state and federal enforcement agencies. It is not necessary to pursue university reporting procedures before filing an external complaint.

State and federal enforcement agencies include:

New York State Division of Human Rights
65 Niagara Square
Buffalo, NY  14202
Phone:  888-392-3644

U.S. Equal Employment Opportunity Commission
Olympic Towers
300 Pearl Street, Suite 450
Buffalo, NY 14202
Phone:  800-669-4000

U.S. Department of Education Office for Civil Rights
Office for Civil Rights
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1475
Phone:  202-453-6020

The university’s policy is in accordance with federal and state laws and regulations prohibiting Discrimination and Harassment. These laws include the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Title VI and VII of the Civil Rights Act of 1964 as Amended by the Equal Employment Opportunity Act of 1972, and the New York State Human Rights Law. These laws prohibit Discrimination and Harassment, including sexual Harassment and sexual violence. There may also be local laws prohibiting Discrimination and Harassment, including sexual Harassment and sexual violence.

This policy:

• Applies to all allegations of Discrimination and Harassment. Allegations of Covered Sexual Harassment as defined in this policy will be processed under the procedures outlined in Appendix A.
• Applies to all persons without regard to race, color, national origin, sex, religion, age, disability, gender, pregnancy, gender identity, gender expression, sexual orientation, predisposing genetic characteristics, marital status, familial status, veteran status, military status, domestic violence victim status, reproductive healthcare choices, and criminal conviction status
• Applies to all members of the university community, including students, faculty, staff, volunteers, vendors, visitors, and guests
• Applies to all employment and educational practices and actions
• Applies to all job classifications and titles in the university and to all types of appointments under university jurisdiction, whether full time, part time, or volunteer
• Governs all university policies, practices, and actions including but not limited to recruitment, hire, rate of pay or other compensation, advancement, upgrading, promotion, demotion, renewal, non-renewal, termination, transfer, layoff, leave, training, grading, housing, and employee and student benefits of whatever nature
• Applies to all university organizational units
• Expects that each contractor, supplier, union, public agency, or cooperative agent will support this policy by complying with applicable state and federal equal employment opportunity laws and regulations

Complainant

An individual bringing forward a complaint of Harassment, Discrimination, or retaliation.

Covered Sexual Harassment

Any conduct on the basis of sex that satisfies one or more of the following:

1. An employee conditioning the provision of an aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo);

2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity (i.e. hostile environment Harassment). In evaluating whether a hostile environment exists, the institution will consider a number of factors, including, but not limited to: the frequency, nature, and severity of the conduct; whether the conduct was physically threatening; the effect of the conduct on the Complainant’s mental or emotional state; how the conduct affected the terms, conditions or privileges of employment or education; whether the conduct was directed at more than one person; whether the conduct arose in the context of other discriminatory conduct; whether there is a power differential between the Parties; and whether the conduct implicates concerns related to academic freedom or protected speech;

3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent. This includes the forcible sex offenses of rape and criminal sexual contact and the non-forcible sex offenses of incest and statutory rape. The applicable offenses are defined below:

a. Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim;

b. Criminal Sexual Contact: the intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation, or the forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation;

c. Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law;

d. Statutory rape: sexual intercourse with a person who is under the age of consent in New York State.

4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; and (iii) The frequency of interaction between the persons involved in the relationship.

5. Domestic violence (as defined in the VAWA amendments to the Clery Act and the Violence Against Women Act (VAWA) Reauthorization of 2022), which includes any felony or misdemeanor crimes of violence committed by a person who: (A) is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of New York, (B) who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, (C) shares a child in common with the victim; or (D) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of New York.

6. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

Conduct that does not meet one or more of these criteria may still meet the definition of prohibited Sexual Harassment under this policy and be subject to discipline under other campus policies, procedures, or contractual obligations.

Discrimination

The different treatment of an individual or group based in whole or in part upon a factor prohibited by law that adversely affects the individual’s or group’s employment, education, access to or participation in a University program or activity, or other right or privilege protected by applicable law.

Discrimination may also result from failure of the Campus to provide reasonable accommodations to individuals when required due to the individual's disability, religion, pregnancy status, maternity, breastfeeding, transgender status, or sexual violence victim status, among others.

Harassment

A form Discrimination consisting of oral, written, graphic or physical conduct relating to an individual's protected characteristics that has the effect of subjecting the individual to inferior terms, conditions or privileges of education or employment or interferes with or limits the ability of an individual to participate in or benefit from the University’s programs or activities. Such conduct must amount to more than petty slights or trivial inconveniences but need not be severe or pervasive.  Such protected characteristics include those listed in the Policy Statement section above and any other characteristic protected by applicable state or federal law.

Interim Measures

Steps taken to stabilize the situation, prevent continuing misconduct, support the Parties, and protect the integrity of the investigation. Whenever possible, Interim Measures will be structured so they do not disproportionately impact either party. Interim Measures for students may include, but are not limited to, information about how to obtain counseling and academic assistance in the event of sexual assault, and steps to take if the accused individual lives on campus and/or attends class with the Complainant. Interim measures involving employees in collective bargaining units should be determined in consultation with UB’s Office of Employee Relations.

Party

A Complainant or Respondent.

Preponderance of the Evidence

The standard of proof in Discrimination cases, which determines whether it is “more likely than not” that the discriminatory or harassing act(s) occurred.

Respondent

The individual or entity against whom a complaint has been filed. When a complaint is made against a group or entity, UB shall identify an appropriate representative to act on behalf of the Respondent.

Retaliation

An adverse action taken against an individual as a result of complaining about or providing information regarding unlawful Discrimination or Harassment, exercising a legal right, and/or participating in a complaint investigation as a third-party witness. Adverse action includes being discharged, disciplined, academically disadvantaged, discriminated against, subjected to Harassment or intimidation, or otherwise subject to adverse action because the individual reports Discrimination or participates in an investigation under this procedure.

Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual Harassment when:

Submission to or enduring such conduct when rejected is made either explicitly or implicitly a term or condition of instruction, employment, or participation in other university activities or

Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting an individual or

Such conduct has the purpose or effect of unreasonably interfering with an individual's performance or creating an intimidating, hostile, or offensive university environment

Sexual Harassment, sexual violence and other forms of sex Discrimination are prohibited under Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, and New York State Human Rights Law. This university definition of sexual Harassment is based on Equal Employment Opportunity Commission (EEOC) and Office of Civil Rights (OCR) regulations. Employees who observe or become aware of sexual Harassment, sexual violence, and other forms of sex Discrimination or Harassment should report this information to the Director of EDI, who also serves as the university’s Title IX Coordinator.

Allegations of Sexual Harassment that rises to the level of Covered Sexual Harassment under this policy will be processed under UB’s Student Title IX Grievance Procedure (for student Respondents) or Employee Title IX Grievance Procedure (for employee Respondents) as detailed in Appendix A of this policy.

The Appendices provide additional information:

Appendix A – Procedures for Addressing Title IX Covered Sexual Harassment

Appendix B - full explanation of the rights of victims of sexual assault, domestic violence, dating violence, and stalking

Sexual Harassment Information Advisors

University personnel who have received extensive sexual Harassment training, conducted by the Director of EDI or designee, to act as educators and trainers and provide general information on sexual Harassment. These individuals may be designated by the president, provost, vice presidents, or deans to serve as Sexual Harassment Information Advisors in their respective areas.

Third Party

Any person who is not a UB student or employee but who is participating in, attempting to participate in, or otherwise interacting with a UB-sponsored program or activity, including applicants for admission or employment, interns, volunteers, contractors, vendors, visitors, and other persons conducting business with UB.

Title IX

Title IX of the Education Amendments of 1972, a federal law that prohibits sex Discrimination in any education program or activity that receives federal financial assistance.

• Prevent Discrimination and Harassment whenever possible; initiate a referral for disciplinary or corrective action when appropriate.
• Provide information to individuals in their units regarding the process described in this policy.
• Refer persons with inquiries or complaints to this policy and EDI.
• Notify EDI when informed of Discrimination or Harassment.
• Implement EDI recommendations following an investigation and notify the Parties.

• Make decisions based upon legitimate, non-discriminatory reasons.
• Report instances of Discrimination and Harassment based upon a protected characteristic to EDI.
• Consider requests for accommodation based on disability, religion, pregnancy, maternity, breastfeeding, transgender status, or sexual violence victim status. Contact EDI with questions or concerns about implementing accommodation requests.

• Administer this policy.
• Investigate allegations of Discrimination and Harassment.
• Notify Employee Relations of Discrimination reports pertaining to employees.
• Supervise the activities of the Sexual Harassment Information Advisors.
• Comply with sponsor notification requirements in coordination with Sponsored Projects Services.

• Disseminate information and provide education regarding this policy.
• Act as a resource for faculty, staff, and students on issues of sexual Harassment.
• Provide information regarding questions or concerns about sexual Harassment.
• Direct individuals to EDI for a more in-depth assessment of situations or concerns brought to their attention.
• Sexual Harassment Information Advisors are not authorized to conduct investigations or maintain records of confidential discussions.

• Refrain from behavior that creates a hostile environment for others, regardless of whether it is the individuals’ intent to create a hostile environment.