VII. Accommodations based on Status as a Victim of Domestic Violence, Sex Offense, or Stalking

A. Requests for Accommodations

1. Individuals requesting an accommodation based on their status as a victim of domestic violence, sex offense, or stalking should contact the Title IX Coordinator at their College or unit. The Title IX Coordinator, or a designee, and the individual will engage in an interactive process with the goal of finding an acceptable accommodation. The Title IX Coordinator, or a designee, in appropriate situations, may develop a workplace safety plan as described in the CUNY Domestic Violence and The Workplace Policy.

2. Individuals may be required where appropriate to submit an intake form and/or provide appropriate documentation to support their status as a victim of domestic violence, sex offense or stalking and to help the College or unit determine a reasonable accommodation.

3. In cases involving a requested accommodation based on status as a victim of domestic violence, sex offense, or stalking, the interactive process may include a consideration of factors, such as the individual’s personal safety and mental and physical health and the job or academic requirements. Reasonable accommodations may include, but are not limited to, a leave of absence, modified or flexible work schedules, confidentiality of addresses and phone numbers, transfer to another location, assisting in the enforcement of protective orders, such as posting a photograph of the abuser with the reception or security, or providing the individual with an escort into or out of buildings.

4. A grant or denial of the request must be made as soon as practicable, taking into account the urgency of the request, and sent in writing to the individual who made the request, either stating the accommodation, or for denials, the reason(s) the request was denied.

5. Victims of domestic violence, sex offense, or stalking should consult CUNY’s Sexual Misconduct Policy, available on the CUNY website, to the extent they need immediate and supportive interim measures that are not addressed herein.

B. Appeals

Students may appeal the denial of their request for an accommodation or academic adjustment by filing a complaint with the Office for Student Affairs at the campus in which they are enrolled or applying. Employees and applicants may appeal the denial of their request for an accommodation by filing a complaint with the Office for Human Resources at the campus where they are employed or applying for employment. The Chief Student Affairs Officer or Director of Human Resources, as the case may be, or a designee, will mediate to try to resolve the issues between the individual and the College or unit to find an acceptable accommodation/academic adjustment. If a mutually acceptable accommodation/academic adjustment cannot be determined, then the Chief Student Affairs Officer or Director of Human Resources, or a designee, will investigate the complaint and make a recommendation to the College President, or if the employee works at the Central Office, then to the Vice Chancellor for Human Resources Management. Such College President or Vice Chancellor for Human Resources Management shall make the final determination concerning the complaint. If the employee is covered by a collective bargaining agreement, the employee may discuss the matter with a union representative and exercise any rights available under such agreement.