Grievance Policy and Procedure in Discrimination and Harassment Claims

Policy Author:
VP for Institutional Equity & Belonging

Responsible Office – Department:
Center for Diversity & Inclusion

Effective Date of Policy:
July 31, 2025

Policy Narrative

It is the policy of Daemen University, in accordance with federal and state laws including, but not limited to, Title IX of the Education Amendments of 1972, the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Age Discrimination in Employment Act, the Americans with Disabilities Act and the New York State Human Rights Law, not to discriminate against any person on the basis of membership in any protected classes under federal and/or state law with respect to employment, admission to the University, or in participation in any University program or activity. Also in accordance with these laws, it is the policy of the University to prohibit harassment of any employee or applicant on the basis of the statuses outlined above. All complaints alleging a violation of this policy will be investigated, and if appropriate remedies will be instituted. The Policy Prohibiting Discrimination, Harassment, and Sexual Harassment defines discrimination, harassment, and sexual harassment, and outlines community expectations and responsibilities.

At Daemen University, we are committed to cultivating a campus environment rooted in dignity, mutual respect, and belonging. Every member of our community—students, faculty, staff, and visitors—deserves to learn, work, and thrive in a space free from discrimination, harassment, and bias. This policy reflects our shared values and serves as a guide to protect individuals from unlawful discrimination, harassment (including sexual harassment), and other forms of inequitable treatment. It affirms our commitment to a safe, inclusive, and supportive campus climate, where concerns can be raised without fear and addressed with integrity, compassion, and fairness.

We encourage every community member to be proactive in fostering a culture of accountability and respect. When someone experiences or witnesses behavior that may violate this policy, they are not alone. Support is available, and this document outlines clear pathways to report concerns, seek assistance, and engage in a process centered on equity, care, and due process.

All persons involved, including complainant(s), respondent(s), and witness(es), will be accorded due process, as outlined below. While the process may vary from case to case depending on the circumstances, an investigation of a report of a violation of this policy will generally include the steps outlined in this policy.

Purpose and Scope

To create and maintain an equitable environment where students, faculty, staff, and administrators have the optimal opportunity to succeed academically, personally, and professionally, and where any and all Daemen University community members feel safe, valued, and respected. This policy outlines the procedures for addressing grievances and complaints related to violations of Daemen University’s Non-Discrimination Equal Opportunity and Affirmative Action Policy,  and Policy on Discrimination, Harassment, and Sexual Harassment.

How to Report a Complaint

All community members may file a grievance complaint through the following mechanisms: Public Incident Report form, CARE Report form, Campus Safety (716-839-SAFE), Employee Engagement (716-839-8325), the Vice President for Institutional Equity and Belonging (VPIEB), who serves as the Equal Opportunity and Affirmative Action Officer and Title IX Coordinator (DS118, 716-839-8249), or any other written or verbal mechanism to file complaints.

• Please note that all employees are considered Responsible Employees or Campus Security Authorities (CSAs) and should report any concerns using the methods listed above or to their supervisor.

Grievance filing procedures for students are additionally outlined in the Student Handbook (Section 5).

Additional dispute filing procedures for faculty are outlined in the Faculty Handbook (Article XIII).

A grievance can be filed at any time (ideally within 30 days of the alleged violation). A grievance may be submitted in any written format and should include:

1. A statement of the facts identifying the alleged violation.
2. Any available supporting documentation.
3. A proposed resolution.

Individuals with complaints of discriminatory harassment may also have the right to file a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education. An employee may also have the right to file a charge with the United States Equal Employment Opportunity Commission (EEOC), the Office of Civil Rights (OCR), or the New York Division of Human Rights (SDHR). A charge should be filed with the EEOC within 300 days of the most recent date that the unlawful conduct occurred, or if filed with the OCR, within 180 days, or if filed with the SDHR, within one (1) year. No one should allow conduct that may violate this Policy to continue unreported. This must be reported so that the University can act to stop such conduct at the earliest possible time. Daemen University provides training for employees on recognizing and preventing harassment, including sexual harassment: all employees are required to participate in such training. 

Any report may be submitted anonymously; however, doing so will affect the University’s ability not only to investigate a report but also to provide a successful resolution or outcome. 

Intake and Initial Review

Upon receipt of a report:

• The appropriate administrative office will notify the VPIEB (or designee) and respond to the complaint promptly.
• The VPIEB (or designee) will inform the appropriate cabinet member that a complaint was filed.
• It is at the discretion of the VPIEB (or designee) to determine whether or not information provided through the initial review is sufficient to warrant an investigation.
• An initial review will determine what, if any, interim measures are required to protect the safety and security of the campus and individuals.
  • If it is determined that the complaint is a possible violation of Title IX of the Educational Amendments of 1972, the university will follow federal guidelines. 
• Investigations will honor the privacy of all parties, ensuring only appropriate and trained university officials will be involved in the process. 

Investigation Team

• An investigative team will be assembled by the VPIEB (or designee) that include trained representatives from the office of Employee Engagement, Academic Affairs, and/or Student Affairs.
  • In instances where a faculty member is the respondent in the reported claim, a faculty member from the Grievance Investigative Pool appointed by the Provost’s Office, in consultation with VPIEB, shall serve as a member of the investigative team. 
  • The Faculty Senate solicits and reviews nominations for members of the Grievance Investigative Pool. Approved nominees receive appropriate training, and the Provost appoints members from this trained pool as needed to serve on specific cases.
• The team will designate one member to serve as the primary contact and liaison throughout the process.
• All members of the investigation team receive training from the SUNY Student Conduct Institute. Advisors are required to meet with the VPIEB (or designee) and may be asked to receive similar training.

Investigation Process

• The investigation team will convene a planning meeting to establish a timeline and interview list, including the complainant(s), respondent(s), and any relevant witnesses or individuals with pertinent information (e.g., department manuals, procedures, syllabi, course rubrics, etc.). 
• Relevant documents and communications will be collected, and interviews will be conducted. All interviews may be recorded to ensure accuracy of information and understanding.
• If the complainant(s) or respondent(s) wish to have an advisor attend the investigation interview, they have the right to select an individual from a pool of trained advisors. If either wishes to choose someone outside of the trained pool, that individual must be disclosed to the VPIEB (or designee) within 48 hours of initial notice and are required to meet with the VPIEB (or designee) before the investigation interview to understand the role.
  • The advisor of choice may accompany the parties to any meeting, interview, or hearing, but may not speak for the party.
  • The complainant(s) and respondent(s) are able to meet with their advisor prior to any meeting, interview, or hearing (pertains to student/student process).
  • The complainant(s), respondent(s), and their advisors may ask to pause questioning for discussion, communicate via written mechanisms, or take breaks as needed.
• Both the complainant(s) and respondent(s) have the right to present evidence and identify witnesses during the investigative process. 
• For student-to-student complaints, the investigation team will follow the processes outlined in the Student Handbook (Section 8).

Investigation Report, Resolution, and Decision

• A decision on the grievance complaint will be made by applying the preponderance of the evidence standard (more likely than not). 
• Where a complaint involves staff or administrators, the AVP of EE will be provided with a written report of findings.
• Where a complaint involves a student(s), the VP of Student Affairs will be provided with a written report of findings. 
• Where a complaint involves a cabinet member, the President will be provided with a written report of findings.
• Where a complaint involves the President, the Chairperson of the Board of Trustees will be provided with a report of the findings.
• Where the complaint involves faculty (including faculty administrators), the VPAA/Provost will be provided with a written report of findings and make any disciplinary decisions based on recommendations by the investigative team.
• A written copy of the decision will be provided to the complainant(s) and respondent(s).

Appeals

The respondent(s) and/or complainant(s) may appeal the decision.

• Faculty should follow the process outlined in the Formal Dispute Resolution Procedure as outlined in the Faculty Handbook (Article XIII). A request for an appeal must be submitted in writing within fifteen (15) calendar days of the decision. 
• Students should follow the process outlined in the Student Handbook (Section 8: Appeals). A request for an appeal must be submitted in writing within five (5) calendar days of the decision. 

The written request for any appeal must be based upon one or more of the following reasons, which must be specified in the appeal:

• Violation of University conduct review procedures
• Misinterpretation of the policies alleged to be violated
• New evidence not reasonably available at the time of the hearing 
• Improper or excessive sanction(s)
• Decision not supported by a preponderance of evidence 

Upon receipt of the appeal, the appellate body will do one of the following: 

• Accept to hear the case at their discretion
• Refuse to hear the case for lack of a sufficient reason for appeal 
• Request that another investigation be conducted 
• Investigate and amend the decision and/or sanction 

Records and Confidentiality

• All records, including recorded interviews, will be securely maintained in the Office of Employee Engagement and/or the University’s confidential conduct database.
• Records will be retained in accordance with the University’s record retention policy.

Responsibility

Every person in the University community is responsible for compliance with this policy. No one should allow conduct that may violate this policy to continue unreported. It is extremely important that this be reported so that the University can act to stop such conduct at the earliest possible time.  Daemen University provides training for employees on recognizing and preventing harassment, including sexual harassment: all employees are expected to participate in such training. The Equal Opportunity and Affirmative Action Officer/Vice President for Institutional Equity and Belonging (DS118, 716-839-8249) has been given management responsibility for implementing this policy.