Office of Equity, Diversity and Inclusion

1. University at Buffalo Office of Equity, Diversity and Inclusion

2. EDI’s Responsibilities:Compliance EDI is responsible for: • Ensuring the University’s compliance with policies related to discrimination and harassment; • Providing technical assistance regarding accommodations required by law (disability, religion, pregnancy); • Conflict Resolution/Mediation

3. EDI’s Responsibilities:Resolutions Of Allegations Of Discrimination Protected bases include: Race • Religion • Ethnicity/National Origin • Sex, including Sexual Harassment • Sexual Orientation • Disability/Accessibility/Accommodations • Age • Marital Status • Veteran Status • Genetic Predisposition

4. Student-Related Areas Covered By Non-Discrimination Laws • Recruitment • Admissions Decisions • Grading and Evaluation • Academic Adjustments/Auxiliary Aids • Religious Accommodation • Hostile Environment/Harassment • References/Letters of Recommendation • Assistantships, Fellowships and Aid

5. Sexual harassment

6. Sexual Harassment Is Any unwelcome sexual advance; request for sexual favors OR Verbal or physical conduct of a sexual nature that is severe or pervasive enough to create a hostile or intimidating work or educational environment.

7. Scenario – Sexual Harassment Derek is a student in Professor Smith’s class. She often praises his work and asks him to visit her during office hours. There, she tends to spend a long time talking about personal topics. She also asks Derek whether he has a girlfriend and if he would find older women attractive. Derek becomes uncomfortable when Professor Smith invites him out for drinks. He politely declines. Professor Smith becomes distant. On Derek’s next assignment, Professor Smith assigns him a D with no explanation.

8. Scenario – Sexual Harassment Millie attends a party and has too much to drink. She finds out the next day that her friends have posted pictures of the party on facebook. The pictures are not anything she would want to be public. In one picture, she is flashing her underwear and bra. She asks her friends to remove the picture and they do, but not before the picture has been shared with her classmates. She discovers that some classmates she has not friended on facebook are continuing to circulate the picture.

9. Sexual Violence • Sexual Violence is a form of Sexual Harassment • Prohibited by Title IX of the Education Amendments Act of 1972 • OCR Definition: physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent; including rape, sexual battery and sexual coercion. • Campus Title IX Coordinator is the Director of EDI (645-2266 or aa-diversity@buffalo.edu) • UB is required to educate the campus community, investigate and respond to allegations of sexual violence

10. Stalking • May be by strangers, but also by individuals currently or formerly in a relationship • May be associated with domestic violence • Stalking laws prohibit conduct that would reasonably cause a victim to feel fear • It is important to persuade a victim of stalking to call UPD or local law enforcement • Take action to protect the security of the victim’s work or educational environment • Domestic Violence and the Workplace Policy

11. Legal Obligations of the Institution Under Title VII and Title IX, UB is REQUIRED to: • Ensure that faculty, staff and students are aware that sexual harassment is prohibited; • Provide a procedure through which alleged victims may complain; • Provide prompt, effective remedial action for any alleged conduct of which the institution is aware.

12. Consensual Relationships Faculty Code of Conduct Faculty members will not enter into non-professional relationships, particularly sexual ones, with any student for whom they have, or should reasonably expect to have in the future, academic responsibility (instructional, evaluative or supervisory). Pre-existing non-professional relationships with such students must be disclosed to the Chair or other appropriate administrator, who will make alternative arrangements for evaluation and, if possible, for instruction and supervision.

13. Who Can I Talk To About Sexual Harassment? Office of Equity, Diversity and Inclusion Sexual Harassment Information Advisor in your area The Department Chair or Dean’s Office

14. For More Information The University’s Online Sexual Harassment Prevention Program can be accessed through this website: https://secure.newmedialearning.com/psh/ubuffalo/

15. Types of Disability Discrimination • Different Treatment • Harassment • Failure to Accommodate • Accessibility • Pre-Employment Inquiry • Violation of Confidentiality • “Perceived as / Record of”

16. Academic Disability Issues • Pre-admission Inquiries • Academic Adjustments/Auxiliary Aids • Impact on course/degree requirements • Confidentiality • “Perceived as” • Mental/Emotional Disabilities • Internships/Externships

17. Academic Adjustments and Auxiliary Aids • Educational institutions must provide “academic adjustments or auxiliary aids” to students with disabilities • Exception: Fundamentally alteration of the program or direct threat to health/safety

18. Accommodation Process

19. Other accommodations • Religious Accommodations – prayer breaks, ability to take examinations at different dates/times • Pregnancy Accommodations – reasonable modifications to attendance policies, ability to make up work • Breastfeeding Accommodations – lactation breaks

20. Contact Us Office of Equity, Diversity and Inclusion 406 Capen Hall (716) 645-2266 aa-diversity@buffalo.edu