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SUNY Downstate Medical Center

Office of Diversity & Inclusion

Overview of Complaint Procedure Process

Introduction:

Any Downstate Medical Center (DMC) employee, or student, may use this procedure. Employee complaint procedures established through negotiated contracts, academic complaints review committees, student disciplinary complaint boards and any other procedures defined by contract or local by-laws will continue to operate as before.

The University recognizes and accepts its responsibility in this regard and believes that the establishment of this internal, non-adversary complaint process will benefit students, faculty, staff and administration alike, permitting investigation and resolution of problems without resort to the frequently expensive and time-consuming procedures of state and federal enforcement agencies or courts. The Complainant is not required to pursue the SUNY DMC internal procedure before filing a complaint with a State or Federal agency.

Requirements For Filing a Complaint:

  1. A complaint must be submitted in writing on forms provided by the Downstate Medical Center. An individual may refuse to reduce a complaint to writing. However, notwithstanding that refusal, if there is reasonable cause to believe that illegal discrimination may be occurring, DMC will investigate the verbal complaint to the best of its ability and will proceed with any action that is warranted.
  2. Employees must file a complaint within 45 business days following the alleged discriminatory act or the date on which the Complainant first knew or reasonably should have known of such act if that date is later. Students must file a complaint within 45 business days following the alleged discriminatory act or 45 business days after the final grade is received, if that date is later.
  3. Complaints must be filed with the Office of Diversity and Inclusion. They should be addressed to:
    • Kevin Antoine, JD
      Chief Diversity Officer
      Office of Diversity and Inclusion
      450 Clarkson Avenue/Box 1220
      Brooklyn, NY 11203
      Fax: 718-270-2276

Procedures For Processing Complaints:

  1. ODIshall receive any complaint of alleged discrimination, shall assist the Complainant in defining the charge and shall provide the Complainant with information about the various internal and external mechanisms through which the complaint may be filed, including applicable time limits for filing with each agency.
  2. If the Complainant chooses to use the SUNY DMC Complaint Procedure for the Review of Allegations of Discrimination, the Office of Diversity and Inclusion shall assist the Complainant to fill out the appropriate form, and shall sign and date a copy of the completed form for the Complainant.
  3. ODIshall seek to resolve the complaint informally and shall have the right to all relevant information and to interview witnesses, including the right to bring together Complainant and Respondent, if desirable. When the President's designee deems it warranted the investigation would be conducted jointly with the Office of Labor Relations. ODI's determination as to whether unlawful discrimination occurred, will be made independent of Labor Relations.
  4. Labor Relations' role in the investigation will be to determine whether disciplinary action is warranted under the applicable collective bargaining agreement.
  5. If a resolution satisfactory to both Complainant and Respondent is reached within 45 business days through the efforts of ODI, it shall close the case, sending a written notice to that effect to the Complainant and Respondent. The written notice, a copy of which shall be attached to the original complaint form in ODI's file, shall indicate the agreement reached by Complainant and Respondent.

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