Commitment
The University at Albany (UAlbany) is committed to creating and maintaining a community in which all persons who participate in University programs and activities can come together to learn and work in an atmosphere free from all forms of harassment, exploitation, and discrimination or intimidation. It is the responsibility of the University to prevent discrimination and/or harassment if possible, to correct it when it occurs, and to take appropriate disciplinary action, as necessary, against behavior that is a violation of the policy. Every member of the University community should be aware that the University strongly opposes discrimination and harassment on the basis of disability and such behavior is prohibited by federal law, (The Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990), and state law, (New York State Human Rights Law, Article 15), and University policy.
Scope
The scope of this policy applies to all employees, applicants for employment in all positions, students involved in academic or recreational programs, as well as applicants in the admission process and recipients of UAlbany's programs and services. This includes students, staff, and faculty in all of UAlbany's international programs.
Definitions
In accordance with applicable federal and state laws and regulations and University policy, UAlbany defines a person with a disability as:
- Someone who has a physical or mental impairment that substantially limits one or more major life activity of such individual, or
- Someone who has a "record "of such a condition, or
- Someone who is "regarded" as having such a condition.
Example: Has a physical or mental impairment that substantially limits one or more major life activity of such individual: David is a graduate student who suffers from a mobility impairment requiring he use a wheelchair. For a two-week period he experienced difficulty getting to school and suffered intermittent attendance missing three classes, with one of the days being one in which he was supposed to turn in a paper. Upon returning to class the instructor told him that she wanted to see the documentation of his disability before allowing him to take a make-up exam.
Example: Has a "record" of such a condition: Diane is a staff assistant in the Business Office having worked in the department for 11 years. During this time she has had a number of stays in the hospital due to her insulin reactions (causing shaking, passing out.)
Example: Is "regarded" as: Timothy was in a major car accident as a child that caused the right side of his face to be severely disfigured. All throughout his childhood he experienced jokes and taunts from other children. However, with some plastic surgery the disfigurement is primarily located along his hairline. He applied for a position as a bus driver for elementary school children in his hometown but was told that the scar on his face would scare the children.
Confidentiality
In accordance with existing policies and laws, every effort will be made to protect the privacy and information about a person with a disability, in addition to all individuals throughout all phases of the complaint investigation and resolution process. Information about complaints will be maintained in confidence to the fullest extent possible.
Retaliation
University policy and state law prohibit retaliation against any individual who opposes discrimination or harassment against a person with a disability, files a complaint, or assists or participates in any manner in an investigation or proceeding conducted by the University or an external agency. Violation of this policy is subject to disciplinary action, up to and including dismissal. Discrimination or harassment against a person with a disability, in any form, will not be tolerated.
If you have any questions about UAlbany's policy against disability discrimination and/or harassment, or the procedure for filing a complaint, you may contact the ODAA at (518) 437-4780. You can review the "How to File a Complaint" pamphlet on the web at: http://www.albany.edu/affirmative_action.
What You Should Do
In addition to the internal complaint process, you may also file a complaint with these external organizations:
NY State Division of Human Rights
(all forms of discrimination excluding sexual harassment)
Empire State Plaza
P.O. Box 2049
Agency Building No. 2, 18th Floor
Albany, NY 12220
(518) 474-2705
http://www.nysdhr.com/offices.html
NY State Division of Human Rights
(sexual harassment only)
55 Hanson Place
Room 900
Brooklyn, NY 11217
1-800-427-2773
Brenda Seckerson, Coordinator
Employee Assistance Program (EAP)
MSC 200
(518) 442-5483
bseckerson@uamail.albany.edu
Emergency Evacuation Procedures for Persons with Physical Disabilities
Procedures to assist persons with disabilities in the event of an emergency are available from the Office of Environmental Health and Safety at 442-3495.
Filing a Complaint
In addition to the above people, if you have been the subject of harassment and wish to file a complaint:
For student-to-student behavior, contact:
Clarenece McNeil, Director
Office of Judicial Affairs
Campus Center, CC-358
(518) 442-5501
Filing a Complaint
In addition, if you have been the subject of harassment and wish to file a complaint, contact:
Chris Biscoff, Acting Director
Office of Diversity and Affirmative Action
University at Albany, UNH-207
(518) 956-8110; Fax (518) 956-8111
