Amendment to Vietoria Elsenheimer Charge of Discrimination EEOC No. 525-2019-01252 1. Isigned a Charge of Discrimination (“Charge”) to the EEOC on October 30, 2019. Inamed as the Respondent my employer, The College at Brockport (“Respondent” or “The College”). I understand my Charge was dual filed with the New York State Division of Human Rights. 2. Thave been advised the EEOC provided a copy of the Charge to The College. To date, I have not been provided with any response The College may have submitted to the EEOC. 3. Tunderstand I may clarify or amplify my Charge by amendment. I submit this amendment to my Charge to add additional information and examples of the institutional racial discrimination and racism by The College, some of its Cabinet members, and the President of The College, Dr. Heidi Macpherson, whose attitudes and actions regarding race are reflected in the racial discrimination that has occurred against me and other Aftican American employees. 4, Tunderstand that while Title VII does not allow for individual liability, pursuant to the New York State Human Rights Law, N.Y. Executive Law §§ 290 et seq., individuals may be held liable as aiders and abettors. See Allessi v. New York State Department of Corrections, 16 F. Supp. 34 221 (W.D.N.Y. 2014); N.Y. Executive Law §296(6) (“It shall be an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or to attempt to do so.”), I amend my Charge to include Dr. Macpherson and Michael Andriatch, Vice President for Advancement, to add them as the decision makers who knowingly gave the title (Executive Assistant to the Vice President) to three White females and refused to give me, the only African American working on the floor, the same title. I had more seniority than the three White females. Despite this, with Dr. Macpherson’s and Michael Andriatch’s knowledge and consent, the three White females weregiven the title Executive Assistant to the Vice President while my title remained Administrative Assistive to the Vice President. 5. In further support of my Charge, I add additional information and examples regarding the behaviors of individual and institutional racism that is the subject of my Charge. Until this past week, Dr. Macpherson’s Cabinet, and most college governing structures, consisted of all White individuals — excluding A frican-Americans, Asians, Hispanics (Latino), Native Americans, etc. — although there are hundreds of degreed, qualified, and experienced racially diverse personnel at The College. During Dr. Macpherson’ tenure, she has had multiple opportunities to racially diversify the Cabinet — both in hiring and the amendment of structure. nal 7. Although Dr. Macpherson communicated that diversity was an institut priority, in my experience, she and the Cabinet members did not act as if racial diversity was a priority. 8. _Inone instance, Dr. Macpherson appointed a White male to a Cabinet-level position despite his lack of prior experience in any sector of education ~ providing accommodation to benefit an already overrepresented and racially exclusive group, 9, The racial makeup of the complaint reporting structures at The College is 100% White (University Police, Title IX Officer, Employee Relations, Affirmative Action Officer, and ‘Human Resources). 10. Inearly 2019, an employee (Director) of a major Department at The College retired. The next most experienced, qualified, and knowledgeable person remaining in the Department was an African American. Although Dr. Macpherson and fellow Cabinet members extended an offer to that African American to assume the Director position on an interim basis,the offer and terms were so unattractive that they knew the African American could not and ‘would not accept the position. Dr. Macpherson and other Cabinet members then appointed a White male to the interim position although the White male did not have any subject matter expertise, qualifications, or relevant experience for the position. When this action of Dr. Macpherson and the Cabinet members became known, this prompted intervention by the Chief Diversity Officer, Dr. Cephas Archie, and other institutional equity leaders. 11, After the actions of Dr. Macpherson and other Cabinet members regarding my situation and the situatior volving the interim appointment described above occurred, Curtis Lloyd was appointed as an outside consultant to conduct an investigation into these matters and other matters related to the treatment of and relations with The College’s Aftican-American employees. 12, Tunderstand Curtis Lloyd is a former Vice Chancellor for Human Resources at the State University of New York. 13, Curtis Lloyd interviewed a number of people, including me, 1 informed Curtis, Lloyd that | had filed my Charge and that I had contacted the office of SUNY’s Senior Vice Chancellor for Strategic Initiatives and Chief Diversity Officer Teresa Miller regarding discrimination and reporting structure concerns. Curtis Lloyd informed me there would be a report and recommendations given to Dr. Macpherson. 14, believe Curtis Lloyd prepared a report that was provided to Dr. Macpherson. believe Dr. Macpherson only shared her interpretation of Curtis Lloyd’s report to Cabinet members.15, Iwas informed Dr. Macpherson was angry upon reviewing Curtis Lloyd’s report because she wanted the report to whitewash the racially discriminatory animus displayed by her and the Cabinet members. 16. Because I believe Curtis Lloyd’s investigation and report is highly relevant to my Charge, I have submitted a request to The College to provide me with a copy of the report he provided to Dr. Macpherson pursuant to the Freedom of Information Law (“FOIL”), Article 6 of the NY Public Officers Law. 17. believe Dr. Macpherson’s treatment of Dr. Archie reflects the racially discriminatory animus of Dr. Macpherson and her Cabinet. 18, Between approximately August 2018 and April 2019, the sixth and seventh floors of the Allen Administration Building was renovated. Dr. Macpherson physically moved her office and all of her direct reports (including administrative support) except Dr. Archie to Dailey Hall, Dr. Archie was the only racially diverse personnel (Black male) at The College who directly reported to Dr. Macpherson. All of Dr. Macpherson’s other direct reports were White. Dr. MacPherson decided Dr. Archie would be the only direct report who would not move with the rest of her team (o Dailey Hall. Dr. MacPherson directed Dr. Archie and the Diversity Office to be assigned to Morgan Hall —a dirty, roach-infested building that lacked proper heating and lighting and had been designated for demolition. Although Dr. Macpherson directed Dr. Archie to work in these degrading conditions, she approved alternative accommodations to the Brown Building (not Morgan Hall) for his administrative assistant (White female), choosing to separate Dr. Archie from vital resources and the support he needed to assist underrepresented and. disenfranchised employee and student groups. I was informed that when Dr. Archie discussed this with Dr. Macpherson, her response was he needed to role model this for other people, ‘Thisis just one example of why I believe Dr. MacPherson regularly treated Dr. Archie differently than every one of her White direct reports. She denigrated his office by downgrading it to one that was disconnected from the President’s team, 19, Iwas informed that on Wednesday, January 22, 2020, Dr. Archie informed David Mihalyov by text message that Dr. Archie’s mother had to be taken to the hospital in an ambulance and was in the critical care unit due to a health crisis, and this information was then communicated to Dr. Macpherson that afternoon. I was informed that Dr. Macpherson subsequently sent a text message to Dr. Archie informing him she was aware of his family emergency involving his mother. Despite the seriousness of the situation involving his mother, the next day, at Dr. Macpherson’s request, Dr. Archie attended the Athena Award ceremony to honor her. I was informed that during the Athena Award ceremony, Dr. Macpherson’s spouse asked Dr. Archie how Dr. Archie’s mother was doing. 20. The next day (Fanuary 24, 2020), SUNY counsel and a Cabinet member met with Dr. Archie. I then witnessed The Chief of Police and the Cabinet member escorting Dr. Archie off the premises. As always, Dr. Archie was polite and dignified. 21. — On the evening of Monday, January 27, 2020, Dr. Macpherson held a Town Hall meeting on The College’s campus. This meeting was widely reported in the press. 22. During the Town Hall meeting, in my opinion, Dr. Macpherson falsely stated she ‘was unaware of the health situation involving Dr. Archie’s mother as of January 22, 2020.23. Starting on Monday, January 27, 2020, an armed University Police Officer was placed on the seventh floor of the Allen Administration Building where Dr. Macpherson has her office. The armed University Police Officer remained until after the Cabinet meeting on Thursday, January 30, 2020, I declare under penalty of perjury that the above is true and correct, Vadhun Vian hare Victoria Elsenheimer Dated: February 3, 2020