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Complaints of violations of this policy, including complaints of retaliation, should be made to the university’s Associate Vice President for Human Resources and Compliance (“AVP HR”). The AVP for HR is:
Linda M. Walleshauser
Associate Vice President for Human Resources & Compliance
Old Main 100
walleshl@canisius.edu
716 888-2244
In the event that the AVP for HR Human Resources at:
hr@canisius.edu
Office of Human Resources
Bagen 106
2001 Main Street
Buffalo, NY 14208
Phone: (716) 888-2240
In the event that an employee of Human Resources is the subject of a complaint under this policy, the Vice President for Business & Finance will assume the AVP HR rolethe Human Resources role. If the president is the subject of a complaint, the chair of the board of trustees or the chair’s designee will assume the AVP HR Human Resources role.
Students who perceive themselves to be the victim of discrimination, harassment, or retaliation by another student may also report the incident via the reporting procedures outlined in the Community Standards..
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No more than five (5) business days after a written report is received, the AVP HR Human Resources (or designee) will meet separately with the parties to discuss the complaint. If the parties choose not to participate, such non-participation will not prevent the matter from proceeding.
After meeting with the parties, the AVP HR Human Resources (or designee) will make a determination as to whether:
- The matter can possibly be resolved through Informal Resolution;
- A formal investigation is warranted to resolve the case; or
- There are no reasonable grounds for believing that the alleged incident(s) constitutes discrimination, harassment and/or retaliation in violation of this policy.
In the event that the AVP HR Human Resources (or designee) determines there are no reasonable grounds for believing that the conduct at issue constitutes discrimination, harassment and/or retaliation as defined by this policy, the matter will be closed and the parties will be promptly notified of such resolution in writing. The reasons for the conclusion that the conduct at issue does not constitute discrimination, harassment and/or retaliation will be set forth in the writing.
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At any time prior to the review of an investigative report, a party may request an informal resolution of the complaint. All parties and the AVP HR Human Resources (or designee) must agree to informal resolution for this option to be used. In assessing whether the informal resolution process is appropriate in a given matter, the AVP HR Human Resources (or designee) will assess the request for an informal resolution and the perceived benefit of informal resolution against the severity of the alleged violation, and any potential risks to a party, to other university community members, or to the university.
If the AVP HR Human Resources (or designee) determines that an informal resolution is appropriate, she/he will facilitate a dialogue with the parties in an attempt to reach an amicable resolution. The matter will be deemed resolved when the parties expressly agree to an outcome that is acceptable to them, and which is approved by the AVP HR Human Resources (or designee). A party may withdraw from the informal resolution process at any time. The administrator (or designee) may also reinitiate an investigation at any time deemed appropriate.
If informal resolution efforts are unsuccessful, the Formal Resolution process will commence.
B. Formal Resolution
If the AVP HR Human Resources (or designee) determines that a formal investigation is warranted to resolve a complaint, the AVP HR Human Resources (or designee) then will investigate to determine whether the employee or student alleged to be responsible for a violation of this policy is in fact responsible and what, if any, corrective action is appropriate, in accordance with the procedures described below. The AVP HR Human Resources may designate external or internal investigators should the AVP HR Human Resources deem a designee investigator to be necessary or appropriate.
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The investigation will be conducted in a manner appropriate in light of the circumstances of the case. The investigation may include, but is not limited to, conducting interviews of the complainant(s), the respondent(s), and any witnesses deemed relevant by the AVP HR Human Resources (or designee); reviewing law enforcement investigation documents, if applicable; reviewing personnel files and other university documentation, if applicable; and gathering, examining, and preserving other relevant documents and physical, written, and electronic evidence (including text messages and other phone records, social media posts, security camera footage, and other probative evidence).
The parties will be afforded an opportunity to identify and present relevant witnesses and evidence to the AVP HR Human Resources (or designee), as well as identify witnesses who may have relevant information.
The Investigative Report and Conclusions
The AVP HR Human Resources (or designee) will make conclusions as to whether the respondent violated any provision of this policy. The standard of proof shall be by a preponderance of the credible evidence. The findings and conclusions will be set forth in writing.
- Determination of No Policy Violation. If the AVP HR Human Resources (or designee) determines that the respondent did not violate any provision of this policy, the AVP HR Human Resources (or designee) will determine and document this resolution, and notify the parties of that determination. A determination of no policy violation will result in a dismissal of the complaint, but shall not preclude the AVP HR Human Resources (or designee), in her/his discretion, from conducting conferences with one or more of the parties in an effort to educate them as to pertinent concerns about the reported behaviors, or the implementation of appropriate, non-punitive remedial and/or community-based efforts such as educational initiatives and/or trainings.
- Determination of a Policy Violation.If the AVP HR Human Resources (or designee) determines there is sufficient information to find, by a preponderance of the evidence, that the respondent violated this policy, the matter will be referred for corrective action, as discussed below.
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- Physical acts of a sexual nature, such as:
- Touching, pinching, patting, kissing, hugging, grabbing, brushing against another person’s body or poking another person’s body;
- Rape, sexual battery, molestation or attempts to commit these assaults. Unwanted sexual advances or propositions
- , such as:
- Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, a promotion or other job benefits or detriments;
- Subtle or obvious pressure for unwelcome sexual activities.
- Sexually oriented gestures, noises, remarks or jokes or comments about a person’s sexuality or sexual experience, which create a hostile work environment.
- Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people’s ideas or perceptions about how individuals of a particular sex should act or look.
- Sexual or discriminatory displays or publications anywhere in the workplace, such as:
- Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
- Sabotaging an individual’s work;
- Bullying, yelling, name-calling.
- Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace.
- Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity and the status of being transgender, such as:
- Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
- Sabotaging an individual’s work; Bullying, yelling, name-calling.
- Touching, pinching, patting, kissing, hugging, grabbing, brushing against another person’s body or poking another person’s body;
- Rape, sexual battery, molestation or attempts to commit these assaults.
- Unwanted sexual advances or propositions, such as:
Who can be a target of sexual harassment?
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