The following section provides an overview of relevant information that is applicable to all policies and procedures contained within the Non-Discrimination and Anti-Harassment, Sexual/Gender-Based Misconduct and Pregnancy and Related Conditions Policies and Procedures. The terms and principles set forth here apply, where relevant, to those policies and procedures.
Our policy sets forth behavioral expectations for all ߲ݴý University students, and our procedures provide information about available supportive and protective measures. The scope of ߲ݴý's sexual misconduct policy and procedures covers Title IX Violations as well as University Standard Violations.
Student Non-Discrimination and Anti-Harassment Policy
Student Non-Discrimination and Anti-Harassment Procedures
Student Pregnancy and/or Related Conditions Policy
I. Institutional Values
߲ݴý University values the social and intellectual vibrancy that occurs when students, faculty, and staff with different life experiences, viewpoints, and belief systems come together to share knowledge and foster understanding. We aim to create and maintain a ߲ݴý community whose members can study, live, and work together in an environment characterized by equal opportunity, inclusiveness, safety, and mutual respect. To that end, these policies promote health and safety for pregnancy and related conditions as well as prohibit discrimination (including on the basis of pregnancy or related conditions), harassment (including sex-based harassment), sexual assault, sexual exploitation, domestic violence, dating violence, stalking, and related retaliation (collectively “Prohibited Conduct”). ߲ݴý is committed to maintaining an educational environment and workplace free from Prohibited Conduct. Any and all such acts impede our educational mission and are serious violations of our community values. (See ߲ݴý’s Mission Statement, and the discussion of community values in ߲ݴý’s Statement on Academic Freedom and Freedom of Expression.)
߲ݴý fully subscribes to all federal and state civil rights laws banning discrimination in the context of its programs and activities. These include but are not limited to Title IX and Title VI of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Rehabilitation Act, the New York State Human Rights Law, and New York State Education Law Articles 129-A and 129-B. ߲ݴý is committed not only to compliance with these laws but also to promoting a community that lives out the values these equal opportunity laws envision.
߲ݴý is committed to promptly responding to reports of alleged Prohibited Conduct.
II. Core Principles of Policy Oversight
The Office of Equity and Diversity is responsible for providing oversight of all aspects of these policies, including education, training and response to reported Prohibited Conduct. Upon receiving a report, we are motivated to foster a culture where everyone can thrive and succeed. This involves addressing concerns related to Prohibited Conduct based on Protected Characteristics. In our approach, we prioritize privacy, confidentiality, and neutrality as three of our core principles.
III. Academic Freedom
߲ݴý is a vibrant academic environment that encourages discussion of competing ideas both inside and outside the classroom and in both formal and informal settings. Consistent with the University’s policy on academic freedom, and the principles articulated by the University’s Task Force on Academic Freedom and Freedom of Expression, this policy is not meant to inhibit or prohibit germane educational content or discussions inside or outside of the classroom that include controversial or sensitive subject matters. We also recognize that similar terms and language are referenced by both the Statement on Academic Freedom (Statement) and these policies. However, the application of terms (such as “offensive") is different in the context of these policies, as opposed to in the Statement. Thus, a statement or other form of expression does not constitute a violation of these policies merely because it is subjectively offensive; however, rights of academic freedom and freedom of expression are not without boundaries, and speech or other expression that rises to the level of harassment as defined by these policies is prohibited. The expression of ideas offered in the course of respectful, responsible teaching, learning, working, and academic debate are not violations of this policy.
IV. Prohibited Consensual Relationships:
߲ݴý University employees (including both faculty and staff) need to be especially sensitive to the power/authority relation in their interactions with students. Consensual romantic, sexual or dating relationships between University employees and students contradict both professional ethics and this policy and are prohibited by ߲ݴý. Consensual relationships that begin prior to the date on which the involved parties become student and employee are not prohibited by this policy, but the employee is required to report the existing relationship to their supervisor as of the date the parties are simultaneously enrolled and employed by the University. In such circumstances the University reserves the right to take such actions as may be necessary to address any resulting conflict of interest (for example, ensuring that the employee does not have responsibility for evaluating work submitted by the student for academic credit).
V. Authority and Oversight
Any person assigned a role pursuant to the following policies and procedures may delegate their authority, or the Director for Diversity and Equity, Associate Provost for Equity and Diversity or Title IX Coordinator may require reassignment of such authority, to another appropriate person to avoid bias or conflicts of interest, or in other circumstances, as they deem necessary or appropriate. In addition, to the extent permitted by applicable law (including Title IX and New York Education Law Article 129-B, where applicable), other appropriately trained personnel may oversee cases for reasons including, but not limited to, the need to facilitate efficient and timely administration of such cases. The University may also utilize appropriately trained external individuals for any role under these policies and procedures as it may deem necessary or appropriate, and reserves the right to consult with legal counsel at any stage of the processes as it deems necessary or appropriate.
The University also reserves the right to remedy discrimination or harassment pursuant to this policy even if the behavior in question does not rise to the level of legally recognized or actionable discrimination or harassment. The University encourages individuals experiencing or witnessing offensive behavior to make a report as early as possible so as to have the situation corrected before it reaches the level of a policy violation. Individuals with a concern need not worry about whether the behavior is sufficiently serious to constitute a hostile environment.
A particular situation may potentially implicate one or more University policies or processes. The University reserves the right to determine the most applicable policy or process and to utilize that policy or process. Without limiting the foregoing, if determined appropriate by the Title IX Coordinator, Director for Diversity and Equity, and/or the Associate Provost for Equity and Diversity, the processes described in these policies and procedures may be used to respond to, investigate and adjudicate conduct alleged to violate the University Code of Student Conduct and/or applicable personnel policies if the alleged conduct is related to or arises out of the same facts, circumstances or incidents as alleged Prohibited Conduct.
Subject to the foregoing, reported conduct that is not within the scope of these policies may constitute a potential violation of the University’s Code of Student Conduct or Employee or Faculty Handbooks and, if so, will be referred to the appropriate University officials for response pursuant to the applicable policies and procedures.
1) Discrimination and Harassment Team
In the event a particular situation may be covered by one or more policies, the Discrimination and Harassment Team (DHT) has the authority to determine the policy that will be applied. This team shall include: the Vice President for Equity and Inclusion, Title IX Coordinator, the Associate Provost for Equity and Diversity, the Director for Diversity and Equity, and the Vice President for Administration. However, the Title IX Coordinator and Vice President for Equity and Inclusion have the authority to determine the policy that will be applied in any case involving or potentially involving Title IX.
The Title IX Coordinator, Director for Diversity and Equity and Associate Provost for Equity and Diversity shall have discretionary authority to interpret these policies and procedures, and to determine the meaning of any disputed or uncertain provisions; or make minor modifications to procedures that do not materially jeopardize the fairness owed to any party. The Title IX Coordinator, Director for Diversity and Equity and/or the Associate Provost for Equity and Diversity may also vary procedures materially (to be reflected on the University website, with the appropriate effective date identified) upon determining that changes to law or regulation, or interpretations thereof, require policy or procedural alterations.
A Complaint against an Affiliated Individual or a non-community member for violation of the Non-Discrimination and Anti-Harassment, Sexual/Gender-Based Misconduct, or Pregnancy or Related Condition Policies will be handled and addressed as the Title IX Coordinator, Director for Diversity and Equity and/or the Associate Provost for Equity and Diversity deems appropriate. However, in all such cases, the Title IX Coordinator, Director for Diversity and Equity and/or the Associate Provost for Equity and Diversity will ensure that the matter is appropriately investigated to the extent warranted by the circumstances, and that appropriate responsive action is taken, up to and including banning the non-community member from ߲ݴý property if warranted.
The person responsible for the implementation of these policies internally is:
Renee Madison
Vice President for Equity and Inclusion
The Office of Equity and Diversity
102 Lathrop Hall
߲ݴý University
13 Oak Drive
Hamilton, NY 13346
315-228-6161
VI. Campus Crime Statistics
߲ݴý University is committed to providing a safe, supportive, and secure environment for the entire University community, including visitors. The University will provide, upon request, all campus crime statistics as reported to the United States Department of Education and as required under the Clery Act. To obtain a copy, contact campus safety (315-228-7333). You may also view crime statistics for all colleges and universities at the United States Department of Education’s website or the University website.
VII. Key Terms
In addition to terms defined elsewhere in these policies and procedures, the following terms have the meanings set forth:
A. The term Complainant refers to the person who is reported to have experienced or been subjected to Prohibited Conduct. In some cases, the Title IX Coordinator, Director for Diversity and Equity and/or the Associate Provost for Equity and Diversity may initiate the investigation and adjudication process pursuant to these policies and procedures on behalf of the University. In that instance, the Title IX Coordinator, Director for Diversity and Equity and/or the Associate Provost for Equity and Diversity is/are not the “Complainant”; the Complainant remains the person who allegedly experienced the Prohibited Conduct. The University can initiate the Complaint, but the University (or University representative) does not have the rights of a Complainant as generally set forth in these policies and procedures.
B. The term Reporting Party or Reporting Individual refers to a person who reports alleged Prohibited Conduct. This may or may not be the same as the Complainant, and may be a witness, a bystander, or someone else with information about the alleged Prohibited Conduct.
C. The term Respondent refers to the student, student organization, Affiliated Individual (see term below), or employee alleged to have committed misconduct.
D. The term Reasonable Person is a standard applied from the perspective of an objective individual in similar circumstances.
E. The term Complaint is a written and signed request to the University that objectively can be understood as a request for the University to take action in response to Prohibited Conduct.
F. The term Confidential Employee is an individual designated by the University who is trained and/or is legally or professionally certified in their role as a Confidential Employee. It also includes employees who have been designated as privileged, such as clergy and mental health counselors, as well as employees who are conducting Institutional Review Board-approved human-subjects research that study sex-based discrimination.
G. The term Mandated Reporter is an employee who is required to report any and all instances of Prohibited Conduct that fall under the Sexual/Gender-Based Misconduct Policy.
H. The term Affiliated Individual is a volunteer, contractor, subcontractor, vendor, consultant, intern or other person who provides services in the University’s workplace and is not a University employee.
VIII. Prohibited Conduct Response Group (PCRG)
The ߲ݴý University Prohibited Conduct Response Group (PCRG) consists of members of the campus community dedicated to prevention of and response to Prohibited Conduct, including prevention of and response to discrimination or harassment based upon race, color, pregnancy, religion, creed, national origin (including ancestry), citizenship status, physical or mental disability, age, marital status, veteran or military status (including special disabled veteran, Vietnam-era veteran, or recently separated veteran), predisposing genetic characteristics, sex, sexual orientation, gender identity, gender expression, or domestic violence victim status.
- To serve as a first point of contact and provide information and resources to a Reporting Individual, Complainant or Respondent;
- To serve in a facilitation role in informal resolution;
- To investigate complaints, when appropriate;
- To act as advisors to those involved in formal processes;
- To serve on hearing panels to adjudicate allegations of Prohibited Conduct;
- To serve on appellate panels, and,
- To serve in an educational role for the community.
The PCRG membership includes faculty and staff drawn from across the institution. The President appoints the members, who report to the Title IX Coordinator, Director of Equity and Diversity and/or the Associate Provost for Equity and Diversity. PCRG members receive annual training which will include a review of ߲ݴý policies and procedures so that they are able to provide accurate information to members of the community. All PCRG members are required to attend this annual training, which includes issues related to harassment or discrimination on the basis of the Protected Characteristics, impartiality, and the rights of Complainants and Respondents (including the right to a presumption that the Respondent is “not responsible” unless and until a finding of responsibility is made pursuant to these policies and procedures), as well as how to conduct a fair and impartial investigation and a hearing process that protect the safety of all parties and promote accountability. All administrative deans, residential-life on-call staff, and campus safety officers also undergo training with the PCRG regardless of whether they are formally appointed to the PCRG. Additional advanced training in investigation protocol, the conduct of adjudication hearings, informal resolution processes and appellate processes is provided annually to subsets of the PCRG members who serve in these roles.
PCRG members are usually appointed to three-year terms. Individuals who are interested in serving on the PCRG are encouraged to contact the Title IX Coordinator, Director for Diversity and Equity and/or the Associate Provost for Equity and Diversity.
IX. Student Amnesty
The health and safety of every student at ߲ݴý is of utmost importance. ߲ݴý recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault, occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The University strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to University officials. A bystander acting or a Reporting Individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to University officials or law enforcement will not be subject to ߲ݴý’s Code of Student Conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
The University will also extend amnesty on the same basis for other minor violations of policy in the same circumstances, and for violation of alcohol and/or drug use policies or other minor policy violations occurring at or near the time of other Prohibited Conduct. Minor policy violations do not include more serious allegations such as physical abuse, hazing, unlawful sale or distribution of drugs, or other conduct that would typically result in a sanction of suspension or expulsion if the student is found responsible.