Respondent

Sexual Violence Response Policy

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Sexual Violence Response Policy hoverholt Tue, 09/30/2025 - 13:32

7-721

Cabinet

07-02-2024

Category

Diversity & Equity

Sara Hebert

585-245-5023

This policy outlines the procedures for reporting, investigating, and adjudicating allegations of discrimination under New York State Education Law, Article 129-B at �� and applies to all faculty, staff, and students at the College.

The State University of New York and �� are committed to providing options, support and assistance to victims/ survivors of sexual assault, domestic violence, dating violence, gender discrimination, sexual harassment, and/or stalking to ensure that they can continue to participate in ��-wide and campus program, activities, and employment.

Anyone who experience these types of crimes and/or violations, regardless of race, color, national origin, religion creed, age disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad.

Bystander Intervention

Campus Climate Survey

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Ace or "The Clery Act"

Preponderance of the evidence

Sexual Assault/ Violence

Sexual Contact

Sex Discrimination/ Gender Discrimination

Sexual Exploitation

Sexual Harassment

Stalking

Student Code of Conduct

Title IX of the Education Amendments of 1972

Title IX Coordinator

Title IX Investigators

Title IX Investigation

Victim/Survivor

Students' Sexual and Interpersonal Violence Bill of Rights

All students have the right to:

make a report to local law enforcement and/or state police;
have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from outside pressures from the institution;
participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services where available;
be free from any suggestion that the reporting individual or victim/survivor is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
describe the incident to as few institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident;
be free from retaliation by the institution, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
access to at least one level of appeal of a determination;
be accompanied by an advisor of choice who may assist and advise a reporting individual, accused or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.

Options in Brief:

Victims/survivors have many options that can be pursued simultaneously, including one or more of the following:

receive resources, such as counseling and medical attention; confidentially or anonymously disclose a crime or violation (for detailed information on confidentiality and privacy, visit /titleix)
make a report to:
an employee with the authority to address complaints Including:
the Title IX Coordinator, 585-245-5023, Doty Hall 303
the Student Conduct Office, 585-245-5714, MacVittie College Union 354
the Office of Human Resources, 585-245-5616, Doty Hall 318
Make a report to law enforcement:
University Police Department, 245-5222, Schrader Hall 19
local law enforcement agencies in Geneseo:
Geneseo Police Department, 585-243-2420, 119 Main Street, Geneseo, NY 14454
Livingston County Sheriff’s Police Department, 585-243-7100, 4 Court Street, and/or
NYS Police Troop E Geneseo, 585-658-9480, 5831 Groveland Station Road, Route 63, Mt. Morris, NY14510
Contact Family Court or Civil Court
Speak with the District Attorney's Office, 585-243-7020

Copies of this Bill of Rights shall be distributed annually to students, made available on the College’s website, and posted in each campus residence hall, dining hall, and college union and shall include links or information to access the Sexual Violence Response Policy and the Options for Confidentially Disclosing Sexual Violence.

Sexual and Interpersonal Response Policy

In accordance with the Students’ Bill of Rights, reporting individuals shall have the right to pursue more than one of the options below at the same time, or to choose not to participate in any of the options below:

To report confidentially the incident to one of the following college officials, who by law may maintain confidentiality, and can assist in obtaining services (more information on confidential report is available in the Options for Confidentially Disclosing Sexual Violence Policy:
Anonymously via an internet or telephone anonymous reporting system: http://www.geneseo.edu/police/silent_witness
Student Health Services, 585-245-5736
Counseling Services, 585-245-5716

To disclose confidentially the incident and obtain services from the New York State, New York City or county hotlines: http://www.opdv.ny.gov/help/dvhotlines.html 

Additional disclosure and assistance options are catalogued by the Office for the Prevention of Domestic Violence and presented in several languages (or by calling 1-800-942-6906),and assistance can also be obtained through:

Legal Momentum: https://www.legalmomentum.org/
Call Chances & Changes (dating/domestic violence services)
1-888-252-9360
Call RESTORE (sexual assault services) 1-800-527-1757
NYSCASA
NYSCADV: http://www.nyscadv.org/;
Pandora’s Project: https://pandys.org/
Gay Alliance of Genesee Valley, 585-244-
8640, www.gayalliance.org
RAINN: https://www.rainn.org/get-help; and /or
Safe Horizons: http://www.safehorizon.org/.

These hotlines are for crisis intervention, resources, and referrals, and are not reporting mechanisms, meaning that disclosure on a call to a hotline does not provide any information to the campus. Victims/survivors are encouraged to additionally contact a campus confidential or private resource so that the campus can take appropriate action in these cases.

To disclose the incident to the following college officials who can offer privacy and can provide information about remedies, accommodations, evidence preservation, and how to obtain support services. These officials will also provide the information contained in the Students’ Bill of Rights, including the right to choose when and where to report, to be protected by �� from retaliation, and to receive assistance and resources from college officials. These college officials will disclose that they are private and not confidential resources, and they may still be required by law and college policy to inform one or more college officials about the incident, including but not limited to the Title IX Coordinator. They will notify reporting individuals that the criminal justice process uses different standards of proof and evidence than internal procedures, and questions about the penal law or the criminal process should be directed to law enforcement or district attorney:

Title IX Coordinator

Doty 303

585-443-6458 (24/7 cell)

585-245-5023 (office)

Shebert@geneseo.edu

Dean of Students

354 MacVittie College Union

585-245-5706

Kmach@geneseo.edu

Associate Vice President for Human Resources

318 Doty Hall

585-245-5616

briggsja@geneseo.edu

Assistant Dean of Students for Student Conduct & Community Standards

354 MacVittie College Union

585-245-5714

conduct@geneseo.edu

University Police

19 Schrader Hall

585-245-5222

police@geneseo.edu

To file a criminal complaint: with the University Police and/or with state or local law enforcement and/or the state police;
��’s University Police Department, 585-245-5222, 19 Schrader Hall
Geneseo Police Department, 585-243-2320, 119 Main Street, Geneseo, NY 14454
Livingston County Sheriff’s Office, 585-243-7100, Court Street, Geneseo, NY 14454
NYS Police Troop E Geneseo Station, 585-658-9480, 5831 Groveland Station Road, Route 63, Mt Morris, NY 14510
NYS Police 24-hour hotline (1-844-845-7269) to report sexual assault or an act of interpersonal violence
To receive assistance from the Title IX Coordinator, (o: 585-245-5023) Doty Hall 303 in initiating legal proceedings in family court or civil court.
To file a report of sexual assault, domestic violence, dating violence, and/or stalking, and/or talk to the Title IX Coordinator for information and assistance. Reports will be investigated in accordance with �� policy. If the reporting individual wishes to keep the identity private, they may call the Title IX Coordinator (0: 585-245-5023) anonymously to discuss the situation and available options.

When the accused (respondent) is an employee, the reporting individual may also report the incident to the �� Office of Human Resources (318 Doty Hall; 585-245-5616) or may request that one of the above referenced confidential or private employees assist in reporting to Employee Relations or Human Resources. Disciplinary proceedings will be conducted in accordance with applicable collective bargaining agreements.

When the accused is an employee of an affiliated entity or vendor of the college, college officials will, at the request of the victim/survivor, assist in reporting to the appropriate office of the vendor or affiliated entity and, if the response of the vendor or affiliated entity is not sufficient, assist in obtaining a persona non grata letter, subject to legal requirements and college policy.

You may withdraw your complaint or involvement from ��’s process at any time.

The college shall ensure that, at a minimum, at the first instance of disclosure by a reporting individual to a college representative, the following information shall be presented to the reporting individual: “You have the right to make a report to University Police, local law enforcement, and/or State Police or choose not to report; to report the incident to ��; to be protected by �� from retaliation for reporting an incident; and to receive assistance and resources from SUNY Geneseo.”

The Title IX Coordinator will conduct a timely review of all complaints of sexual assault, interpersonal violence, sexual harassment, and gender discrimination.

Resources:

To obtain effective intervention services.

Counseling Services, Lauderdale, 585-245-5716. There is no charge to a student when seeking assistance at Counseling Services.
Student Health Services, Lauderdale, 585-245-5736. There are fees associated with testing a student for STIs. The charges for the tests are set at a reasonable cost. Charges for the tests can be charged to Student Accounts and would be listed as lab work on the bill or the charge can be billed to the student’s personal insurance. Sexual contact can transmit Sexually Transmitted Infections (STI) and may result in pregnancy. Testing for STIs and emergency contraception is available. Students can also receive services and testing information from Livingston County Reproductive Health – available at Student Health and Counseling.
Employees are encouraged to use their health care provider or contact Geneseo’s EAP (Employee Assistance Program) for more information on available services call 585-245-5740 or visit the website /eap or the NYS EAP Hotline at 1-800-822-0244.

Within 120 hours of an assault, you can get a Sexual Assault Forensic Examination (commonly referred to as a rape kit) at a hospital. While there should be no charge for a rape kit, there may be a charge for medical or counseling services off campus and, in some cases, insurance may be billed for services. You are encouraged to let hospital personnel know if you do not want your insurance policyholder to be notified about your access to these services. The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency funds. More information may be found by calling 1-800-247-8035. Options are explained on the NYS website.

To best preserve evidence, the reporting individual should avoid showering, washing, changing clothes, combing hair, drinking, eating, or doing anything to alter physical appearance until after a physical exam has been completed.

Interim Measures and Accommodations

A. When the accused/respondent is a student, to have the college issue a “No Contact Order,” consistent with college policy and procedure, meaning that continuing to contact the protected individual is a violation of college policy subject to additional conduct charges; if the accused/respondent and a reporting individual observe each other in a public place, it is the responsibility of the accused/respondent to leave the area immediately and without directly contacting the reporting individual. Both the accused/respondent and reporting individual may request a prompt review of the need for and terms of a No Contact Order, consistent with ��’s policy. Parties may submit evidence in support of their request.

B. To have assistance from University Police or the Title IX Coordinator in initiating legal proceedings in family court or civil court, including but not limited to obtaining an Order of Protection or, if outside of New York State, an equivalent protective or restraining order.

C. To receive a copy of the Order of Protection or equivalent and have an opportunity to meet or speak with the Title IX Coordinator or University Police who can explain the order and answer questions about it, including information from the Order about the accused/respondent’s responsibility to stay away from the protected person(s); that burden does not rest on the protected person(s).

D. To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension. Contact the Title IX Coordinator, Sara Hebert at 585-245-5023 or shebert@geneseo.edu for assistance.

E. To have assistance from University Police in effecting an arrest when an individual violates an Order of Protection or, if outside of New York State, an equivalent protective or restraining order within the jurisdiction of University Police or, if outside of the jurisdiction to call on and assist local law enforcement in effecting an arrest for violating such an order.

F. When the accused/respondent is a student and presents a continuing threat to the health and safety of the community, to have the accused/respondent subject to interim suspension pending the outcome of a conduct process. Parties may request a prompt review of the need for and terms of an interim suspension by contacting the Vice President for Student and Campus Life at 585-245-5618. The Title IX Coordinator can also assist with this request.

G. When the accused/respondent is not a student but is a member of the college community and presents a continuing threat to the health and safety of the community, to subject the accused/respondent to interim measures in accordance with applicable collective bargaining agreements, employee handbooks, and ��’s policies and rules.

H. When the accused/respondent is not a member of the college community, to have assistance from University Police or the Title IX Coordinator in obtaining a persona non grata letter, subject to legal requirements and college policy.

I. To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to ensure safety, prevent retaliation, and avoid an ongoing hostile environment. Parties may request a prompt review of the need for and terms of any interim measures and accommodations that directly affect them. While reporting individuals may request accommodations through any of the offices referenced in this policy, the following office can serve as a point to assist with these measures:

Sara Hebert, Title IX Coordinator

Doty 303

585-245-5023 (office)

Shebert@geneseo.edu

Student Conduct Process:

1. To request that student conduct charges be filed against the accused/respondent. Conduct proceedings are governed by the procedures set forth in the �� handbook, /handbook, as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions.

2. Throughout conduct proceedings, the accused/respondent and the reporting individual will have:

the same opportunity to be accompanied by an advisor of their choice who may assist and advise the parties throughout the conduct process and any related hearings or meetings. Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct;
the right to a prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual and interpersonal violence, the effects of trauma, impartiality, the rights of the accused/respondent, including the right to a presumption that the accused/respondent is “not responsible” until a finding of responsibility is made, and other issues related to sexual assault, domestic violence, dating violence, and stalking;
the right to an investigation and process conducted in a manner that recognizes the legal and policy requirements of due process (including fairness, impartiality, and a meaningful opportunity to be heard) and is not conducted by individuals with a conflict of interest;
the right to receive advance written or electronic notice of the date, time, and location of any meeting or hearing they are required to or are eligible to attend. Accused/respondent individual will also be told the factual allegations concerning the violation, a reference to the specific code of conduct provisions alleged to have been violated, and possible sanctions;
the right to have a conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than 10 days except when law enforcement specifically requests and justifies a longer delay;
the right to offer evidence during an investigation and to review available relevant evidence in the case file (or otherwise held by ��);
the right to present evidence and statements at a hearing, where appropriate;
the right to a range of options for providing statements via alternative arrangements, including telephone/videoconferencing or having with a room partition;
the right to exclude prior sexual history with persons other than the other party in the conduct process or their own mental health diagnosis or treatment from admittance in college conduct stage that determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the conduct process and that determines a conduct sanction(s);
the right to ask questions of the decision maker and via the decision maker indirectly request responses from other parties and any other witnesses present;
the right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions;
the right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the decision, any sanctions, and the rationale for the decision and any sanction(s);
the right to written or electronic notice about the sanction(s) that may be imposed on the accused/respondent based upon the outcome of the conduct proceeding. Students who are found responsible for sexual assault will be suspended (with possibly additional requirements) or dismissed. Students found in violation of dating violence, domestic violence, sexual harassment or stalking will be either placed on disciplinary probation, placed on deferred suspension, suspended or dismissed. Students that are placed on disciplinary probation, deferred suspension or suspended may be sanctioned intervention services, restrictions from accessing college or community buildings, and educational programs. For more information, review the Student Code of Conduct. Details of sanctions are outlined in the Geneseo’s Annual Fire and Security Report (PDF);
access to at least one level of appeal of a determination before the Dean of Students or Appellate Board, which may include one or more students, that is fair and impartial and does not include individuals with a conflict of interest;
the right to have access to a full and fair record of a student conduct hearing, which shall be preserved and maintained in the Student Conduct office for at least five years;
the right to choose whether to disclose or discuss the outcome of a conduct hearing; and
the right to have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel makes a final determination unless otherwise required by law.

Options for Confidentially Disclosing Sexual Violence

The State University of New York and �� are committed to getting you the information and support you need regardless of whether you would like to move forward with a report of sexual violence to campus officials or to police.

You may want to talk with someone about something you observed or experienced, even if you are not sure that the behavior constitutes sexual violence. A conversation where questions can be answered is far superior to keeping something to yourself. Confidentiality varies, and this document is aimed at helping you understand how confidentiality applies to different resources that may be available to you.

Privileged and Confidential Resources

Individuals who are confidential resources will not report crimes to law enforcement or college officials without your permission, except for extreme circumstances, such as a health and/or safety emergency. At ��, this includes:

Counseling Services: 585-245-5716, Lauderdale Health Center, /health/counseling_services_home
Physicians, licensed medical professionals or supervised interns when they are engaged in a physician/patient relationship:

Health Services: 585-245-5736, Lauderdale Health Center, /health 

Off-campus options to disclose sexual violence confidentially include (note that these outside options

do not provide any confidential information to the campus):

Off-campus community partners:
RESTORE (sexual assault specialist), Blake C 111, 800-527-1757, https://restoresas.org. Crisis services offices will generally maintain confidentiality unless you request disclosure and sign a consent or waiver form. More information on an agency’s policies on confidentiality may be obtained directly from the agency.
Chances & Changes (dating/domestic violence & stalking specialist), Doty 303C, (585) 245-6492, 888-252-9360. Crisis services offices will generally maintain confidentiality unless you request disclosure and sign a consent or waiver form. More information on an agency’s policies on confidentiality may be obtained directly from the agency.
Local Sexual Assault Nurse Examiner (SANE) hospitals and programs:
Strong Memorial Hospital, 585-275-4551
Wyoming County Community Hospital, 585-786-8890
Off-campus healthcare providers:
Strong Memorial Hospital, 585-275-4551
Wyoming County Community Hospital, 585-786-8890
Noyes Urgent Care (Geneseo), 585-243-9395

Medical office and insurance billing practices may reveal information to the insurance policyholder, including medication and/or examinations paid for or administered. The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency compensation. More information may be found by calling 1-800-247-8035. Options are explained on the NYS website.

Even individuals who can typically maintain confidentiality are subject to exceptions under the law, including when an individual is a threat to themselves or others and the mandatory reporting of child abuse.

Non-Professional Counselors and Advisors

Non-professional counselors and advisors can also assist you without sharing information that could identify you. At ��, this includes: Health Services, 585-245-5736, Lauderdale Health Center.

These individuals will report the nature, date, time, and general location of an incident to ��'s Title IX Coordinator, but will consult with you to ensure no personally identifying details are shared without your consent. These individuals are not considered confidential resources as discussed above.

Privacy versus Confidentiality

Even �� offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible under the law for tracking patterns and spotting systemic issues. �� will limit the disclosure as much as possible, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

Requesting Confidentiality: How �� Will Weigh the Request and Respond

If you disclose an incident to a �� employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to the institution’s request to initiate an investigation, the Title IX Coordinator must weigh your request against our obligation to provide a safe, non-discriminatory environment for all members of our community, including you.

We will assist you with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of your reporting choices. While reporting individuals may request accommodations through several college offices, the following office can serve as a primary point of contact to assist with these measures is the Title IX Coordinator (585-245-5023) or the Dean of Student (585-245-5706). We also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify you or the situation you disclosed.

We may seek consent from you prior to conducting an investigation. You may decline to consent to an investigation, and that determination will be honored unless ��’s failure to act does not adequately mitigate the risk of harm to you or other members of the �� community. Honoring your request may limit our ability to meaningfully investigate and pursue conduct action against an accused individual (respondent). If we determine that an investigation is required, we will notify you and take immediate action as necessary to protect and assist you.

When you disclose an incident to someone who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality, �� will consider many factors to determine whether to proceed despite that request. These factors include, but are not limited to:

whether the accused has a history of violent behavior or is a repeat offender;
whether the incident represents escalation, such as a situation that previously involved sustained stalking,
the increased risk that the accused will commit additional acts of violence;
whether the accused used a weapon or force;
whether the reporting individual is a minor; and
whether we possess other means to obtain evidence and
whether the report reveals a pattern of perpetration at a given location or by a particular group.

If �� determines that it must move forward with an investigation, the reporting individual will be notified and �� will take immediate action as necessary to protect and assist them.

Public Awareness/Advocacy Events

If you disclose a situation through a public awareness event such as “Take Back the Night,” candlelight vigils, protests, student organization or other event or forum, or other public event, �� is not obligated to begin an investigation. �� may use the information you provide to inform the need for additional education and prevention efforts.

Anonymous Disclosure

Silent Witness Form, /police/silent_witness
RESTORE (sexual assault), 800-527-1757
Chances & Changes (dating/domestic violence and stalking), 888-252-9360

Institutional Crime Reporting

Reports of certain crimes occurring in certain geographic locations will be included in the ��’s Clery Act Annual Security Report in an anonymized manner that neither identifies the specifics of the crime or the identity of the reporting individual or victim/survivor. Contact Sara Mahoney, Title IX Coordinator, (585-245-5023) for more information.

�� is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when potentially compromising law enforcement efforts and when the warning itself could potentially identify the reporting individual or victim/survivor). A reporting individual will never be identified in a timely warning.

The Family Education Rights and Privacy Act (FERPA) allows institutions to share information with parents/families when (1) there is a health or safety emergency, or (2) when the student is a dependent on either parents/families’ prior year federal income tax return. Generally, �� will not share information about a report of sexual violence with parents/families without the permission of the reporting Individual.

Reporting aggregate data to New York State Education Department (NYSED):

�� shall annually report to the department the following information about reports of domestic violence, dating violence, stalking and sexual assault:
the number of such incidents that were reported to the Title IX Coordinator;
of those incidents in paragraph a of this subdivision, the number of reporting individuals who sought action though the ��’s conduct process;
of those reporting individuals in paragraph b of this subdivision, the number of cases processed through the ��’s conduct process;
of those cases in paragraph c of this subdivision, the number of respondents who were found responsible through the ��’s conduct process;
Of those cases in paragraph c of this subdivision, the number of respondents who were found not responsible through the ��’s conduct process;
A description of the final sanctions imposed by �� for each incident for which a respondent was found responsible, as provided in paragraph d of this subdivision, through the conduct process;
The number of cases in the ��’s conduct process that were closed prior to a final determination after the respondent withdrew from the College and declined to complete the disciplinary process; and
The number of cases in the ��’s conduct process that were closed because the complaint was withdrawn by the reporting individual prior to a final determination.
The department shall create a reporting mechanism for institutions to efficiently and uniformly provide the information outlined in subdivision one of this section.

Amnesty in Sexual and Interpersonal Violence Cases

The health and safety of every student at the State University of New York and its State-operated and community colleges is of utmost importance. �� 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. �� strongly encourages students to report incidents of domestic violence, dating violence, stalking,

or sexual assault to the Title IX Coordinator. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to �� officials or law enforcement will not be subject to a code of 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.

Policy on How Parties Can Review the Case File/Evidence

�� ensures that every student be afforded the following rights. Throughout proceedings involving such an accusation of sexual assault, domestic violence, dating violence, stalking, or sexual activity that may otherwise violate ��’s Code of Conduct, the right to review and present available evidence in the case file, or otherwise in the possession or control of the College, and relevant to the conduct case, consistent with college policies and procedures.

Policy Review of Interim Measures and Accommodations

When the accused (respondent) is a student, to have the college issue a “No Contact Order,” meaning that continuing to contact the reporting individual is a violation of college policy subject to additional conduct charges; if the accused (respondent) and the reporting individual observe each other in a public place, it is the responsibility of the accused (respondent) to leave the area immediately and without directly contacting the reporting individual. Both the accused (respondent) and the reporting individual may request a prompt review of the need for and the terms of a No Contact Order, this request should be submitted to the Title IX Coordinator or Dean of Students.
To have assistance from the University Police Department, NYS Police or the Title IX Coordinator in initiating legal proceedings in family court or civil court, including but not limited to obtaining an Order of Protection or, if outside of New York State, an equivalent protective or restraining order.
To receive a copy of the Order of Protection or equivalent and have an opportunity to meet or speak with the police or the Title IX Coordinator who can explain the order and answer questions about it, including information from the Order about the accused (respondent)’s responsibility to stay away from the reporting individual; that burden does not rest on the reporting individual.
To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension. Contact the Title IX Coordinator, Sara Mahoney (o: 585-245-5023, c: 585-443-6458) or law enforcement for assistance.
To have assistance from the University Police Department in effecting an arrest when an individual violates an Order of Protection or, if outside of New York State, an equivalent protective or restraining order within the jurisdiction of University Police, if outside of the jurisdiction to call on and assist local law enforcement in effecting an arrest for violating such an order.
When the accused/respondent is a student and presents a continuing threat to the health and safety of the community, to have the accused/respondent subject to interim suspension pending the outcome of a conduct process. Parties may request a prompt review of the need for and terms of an interim suspension by contacting the Dean of Students (585-245-5706) or the Vice President for Student and Campus Life (585-245-5618).
When the accused/respondent is not a student but is a member of the college community and presents a continuing threat to the health and safety of the community, to subject the accused/respondent to interim measures in accordance with applicable collective bargaining agreements, employee handbooks, and ��’s policies and rules.
When the accused/respondent is not a member of the college community, to have assistance from University Police or the Title IX Coordinator in obtaining a persona non grata letter, subject to legal requirements and college policy.
To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to ensure safety, prevent retaliation, and avoid an ongoing hostile environment. While victims/survivors may request accommodations through any of the offices referenced in this policy, Sara Mahoney, Title IX Coordinator’s office (Doty 303, 585-245-5023, c: 585-443-6458) will serve as the point of contact to assist with these measures.

Transcript Notations Policy

Generally, conduct actions are not noted on academic transcripts. For students found responsible for hazing, sexual assault, and other serious offenses that may have resulted in the death or severe injury of another person, or crimes of violence, including but not limited to sexual violence as it is defined in the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, and who were subsequently suspended or dismissed from the College as a result of their conduct, a notation (either suspended after a finding of responsibility for a code of conduct violation, or dismissed after a finding of responsibility for a code of conduct violation) will be made on the student's Geneseo academic

transcript. Students may appeal to the Dean of Students for the removal of such suspension notation provided that such notations shall not be removed prior to one year after the conclusion of the suspension, while notations for dismissal shall not be removed. Further, students found responsible for such violations shall not receive credit for the semester in which the suspension or dismissal occurred, and will be liable for all tuition and fees for that semester.

Sexual Harassment Policy

Sexual harassment is a form of sex discrimination which is unlawful in the workplace under Title VII of the Civil Rights Act of 1964, as amended, and the New York State Human Rights Law. Under Title IX of the Educational Amendments of 1972, sexual harassment also is prohibited in the provision of educational services and protects students and employees from sexual harassment.

Sexual harassment is prohibited and will not be tolerated at �� (the College). The College has implemented measures to address and prevent sexual harassment and is taking additional affirmative steps to increase awareness of, and sensitivity to, all forms of sexual harassment in order to maintain a workplace and learning environment free of its harmful effects. �� will provide annual mandatory training to all employees, in order to provide pertinent definitions, reporting options, grievance procedures, and strategies for prevention.

Sexual harassment is a form of workplace discrimination and employee misconduct, as well as a form of discrimination in the academic setting, and all employees and students are entitled to work and learn in a campus environment that prevents sexual harassment. All employees and students have a legal right to a workplace and a campus free from sexual harassment, and employees and students can enforce this right by filing a complaint internally with the College, or with a government agency, or in court under federal or state anti-discrimination laws, as detailed in the University’s Discrimination and Sexual Harassment Complaint Procedure.

In accordance with applicable law, sexual harassment is generally described as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:

Submission to such conduct is made either explicitly or implicitly a term or condition of employment or academic benefit; or
Submission to or rejection of the conduct is used as the basis for an employment or academic decision affecting the person rejecting or submitting to the conduct; or
The conduct has the purpose or effect of unreasonably interfering with an affected person’s work or academic performance, or creating an intimidating, hostile or offensive work or learning environment.

Sexual harassment can include physical touching, verbal comments, non-verbal conduct such as leering or inappropriate written or electronic communications, or a combination of these things. Examples of sexual harassment may include, but are not limited to:

Seeking sexual favors or a sexual relationship in return for the promise of a favorable grade or academic opportunity;
Conditioning an employment-related action (such as hiring, promotion, salary increase, or performance appraisal) on a sexual favor or relationship; or
Intentional and undesired physical contact, sexually explicit language or writing, lewd pictures or notes, and other forms of sexually offensive conduct by individuals in positions of authority, co-workers or student peers, that unreasonably interferes with the ability of a person to perform their employment or academic responsibilities.
Physical acts of a sexual nature, such as:
Touching, pinching, patting, kissing, hugging, grabbing, brushing against, or poking another person’s body;
Sexual assault and rape, sexual battery, molestation or attempts to commit these assaults.
Unwanted sexual advances or propositions, such as:
Requests for sexual favors accompanied by implied or overt threats concerning a target’s job performance evaluation, a promotion or other job benefits or detriments, or an educational benefit or detriment;
Subtle or obvious pressure for unwelcome sexual activities.
Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience, which create a hostile environment. Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.
Sexual or discriminatory displays or publications, such as:
Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on computers or cell phones and sharing such displays while in the workplace or classroom.
Hostile actions taken against an individual because of that individual’s sex, sexual orientation, self-identified or perceived sex, gender expression, and gender identity (including transgender and gender non-binary), such as:
Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform their employment or academic duties;
Sabotaging an individual’s work;
Bullying, yelling, name-calling.

Such behavior can constitute sexual harassment regardless of the self-identified or perceived sex, gender identity, gender expression, or sexual orientation of any of the persons involved. Sexual harassment is considered a form of employee and student misconduct which may lead to disciplinary action. Further, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue. Employees and students who believe they have been subjected to sexual harassment may use the University’s Discrimination and Sexual Harassment Complaint Procedure for more details on how to have their allegations reviewed, including a link to a complaint form.

Retaliation against a person who files a complaint, serves as a witness, or assists or participates in any manner in this procedure, is unlawful, is strictly prohibited and may result in disciplinary action. Retaliation is an adverse action taken against an individual as a result of complaining about or provides information regarding unlawful discrimination or harassment, exercising a legal right, and/or participating in a complaint investigation as a third-party witness. Adverse action includes being discharged, disciplined, discriminated against, or otherwise subject to adverse action because the individual reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint. Participants who experience retaliation should contact the campus Chief Diversity Officer, and may file a complaint pursuant to these procedures.

The College shall take the necessary steps to ensure that this Sexual Harassment Response and Prevention Policy Statement is distributed, implemented, and enforced in accordance with our respective policies.

Procedure

Report of alleged incidents of sexual harassment are appropriately addressed through the SUNY Discrimination and Sexual Harassment Complaint Procedure and through the Student Code of Conduct process. Complaints can be submitted to Human Resources, Office of Diversity and Equity, the Dean of Students, and the Title IX Coordinator.
Should disciplinary/conduct action be found necessary, the appropriate procedures in current collective bargaining agreements or student conduct regulations will be followed.
Use of the complaint procedure internally does not deprive any complainant of the right to pursue the complaint with University Police or an outside enforcement agency. See the SUNY Discrimination and Sexual Harassment Complaint Procedure for a listing of outside enforcement agencies.
The deadline for filing a complaint is consistent with the timeframes outlined in the SUNY Discrimination and Sexual Harassment Complaint Procedure. Employees who wish to discuss the grievance procedure in more detail may contact The Office of Diversity and Equity, Title IX Coordinator, or the Office of Human Resources. Students who wish to discuss the complaint procedure in more detail may contact the Title IX Coordinator or the Dean of Students.
A person who knowingly and/or intentionally files a false complaint under this policy may be subject to disciplinary/conduct action.

Sexual Misconduct Policy

Sexual misconduct is the term used by the College to encompass non-consensual sexual behavior, including sexual assault, nonconsensual sexual contact, non-consensual sexual intercourse, and sexual exploitation. These are all forms of unwanted actual or attempted sexual activity and are violations of the College’s Student Code of Conduct.

Sexual assault is defined as a physical sexual act or acts committed against a person’s will and consent, or when a person is incapable of giving active affirmative consent, incapable of appraising the nature of the conduct, or incapable of declining participation in, or communicating unwillingness to engage in, a sexual act or acts. Sexual assault is an extreme form of sexual harassment. * Sexual assault includes what is commonly known as “rape,” whether forcible or non-forcible, including what is commonly called “date rape” and “acquaintance rape,” fondling, statutory rape, and incest. For statutory rape, the age of consent in New York State is 17 years old. Sexual assault can be committed by anyone, regardless of sex, sexual orientation, gender identity or gender expression. Nothing contained in this definition shall be construed to limit or conflict with the sex offenses enumerated in Article 130 of the New York State Penal Law, which shall be the guiding reference in determining if alleged conduct is consistent with the definition of sexual assault.

Affirmative consent is a knowing, and voluntary and mutual decision among all participants to engage in sexual activity. Affirmative consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.

Affirmative consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act. Affirmative consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Affirmative consent may be initially given but withdrawn at any time. Affirmative consent cannot be given when a person is

incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. Affirmative consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. When affirmative consent is withdrawn or cannot be

given, sexual activity must stop. Affirmative consent may be withdrawn at any time without fear of retaliation. Retaliation is defined as any intimidating, harassing, or retributive action including but not limited to violence, threats of violence, property destruction, adverse educational or employment consequence, and bullying of any person for reporting a violation or for participating in any way in the investigation or conduct process.

Non-consensual sexual contact means the deliberate touching of another person’s intimate body parts, however slight, with any body part or object, by any person that is without active affirmative consent and/or by physical force, violence, threat of violence, intimidation, or coercion. Using force, violence, threat, intimidation or coercion to cause a person to touch their own or another person’s intimate body parts is also considered non- consensual sexual contact.

Non-consensual sexual intercourse means any sexual penetration, however slight, with any body part or object by a person upon another person that is without active affirmative consent and/or by force. Intercourse includes: vaginal penetration, anal penetration, and oral sex (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact. Sexual exploitation means taking non- consensual sexual advantage of another person, and includes causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over that person;

prostituting another person; recording, photographing, or transmitting identifiable images of private sexual activity and/or intimate body parts of another person; allowing third parties to observe the sexual acts of others without the actors’ active affirmative consent; engaging in voyeurism; and/or knowingly or recklessly exposing another person to significant risk of sexually transmitted infection. Incapacitation means the physical and/or mental inability to make informed, rational judgments about participating in sexual activity. Persons who are not merely under the influence of drugs or alcohol but incapacitated as a result of the consumption of alcohol or other drugs, persons who are unconscious, asleep or otherwise

physically helpless, and persons under the legal age of consent (17) can never give active affirmative consent. Persons who do not have the capacity to understand the act, its nature, and possible consequences of the act can never give active affirmative consent.

* For more information on sexual harassment, see the College’s sexual harassment policy.

Student Onboarding and Ongoing Education

The State University of New York and its State-operated and community colleges believe that sexual violence prevention training and education cannot be accomplished via a single day or a single method of training. To that end, SUNY campuses will continue to educate all new and current students using a variety of best practices aimed at educating the entire college community in a way that decreases violence and maintaining a culture where sexual assault and acts of violence are not tolerated.

All new first-year and transfer students will, during the course of their onboarding to a SUNY State-operated or community college, receive training on the following topics, using a method and manner appropriate to the institutional culture of each campus:

The institution prohibits sexual harassment, including sexual violence, domestic violence, dating violence, stalking, other violence or threats of violence, and will offer resources to any victims/survivors of such violence while taking administrative and conduct action regarding any accused individual within the jurisdiction of the institution.
Relevant definitions including, but not limited to, the definitions of sexual violence and consent.
Policies apply equally to all students regardless of sexual orientation, gender identity, or gender expression.
The role of the Title IX Coordinator, University Police Department, and other relevant offices that address violence prevention and response.
Awareness of violence, its impact on victims/survivors and their friends and family, and its long-term impact.
The Students’ Bill of Rights and Sexual Violence Response Policy, including:
How to report sexual violence and other crimes confidentially, and/or to college officials, campus law enforcement and security, and local law enforcement.
How to obtain services and support.
Bystander Intervention and the importance of taking action, when one can safely do so, to prevent violence.
The protections of the Amnesty in Sexual and Interpersonal Violence Cases.
Risk assessment and reduction including, but not limited to, steps that potential victims/survivors and potential assailants and bystanders to violence can take to lower the incidence of sexual violence.
Consequences and sanctions for individuals who commit these crimes.

The onboarding process is not limited to a single day of orientation, but recognizes that students enroll at different times at different SUNY campuses and gives campuses the flexibility to best educate students at a time and manner that can most effectively bring these points to light. SUNY will conduct these trainings for all new students, whether first-year or transfer, undergraduate, graduate, or professional. Each campus shall use multiple methods to educate students about sexual violence prevention. Each SUNY institution will also share information on sexual violence prevention with parents of enrolling students.

Students at SUNY State-operated and community college campuses shall be offered general and specialized training in sexual violence prevention. Each institution will conduct a campaign, compliant with the requirements of the Violence Against Women Act, to educate the student population. Further, institutions will, as appropriate, provide or expand specific training to include groups such as international students, students that are also employees of the campus, leaders and officers of registered/ recognized student organizations, online and distance education students. Institutions will also provide specific training to members of groups identified as likely to engage in high-risk behavior.

Beginning in the 2015-2016 academic year, SUNY State-operated and community colleges will require that student leaders and officers of registered/recognized student organizations and those seeking recognition complete training on domestic violence, dating violence, sexual assault, or stalking prevention as part of the approval process and require student-athletes to complete training in domestic violence, dating violence, sexual assault, or stalking prior to participating in intercollegiate athletics.

Methods of training and educating students may include, but are not limited to:

President’s welcome messaging;
Peer theater and peer educational programs;
Online training;
Social media outreach;
First-year seminars and transitional courses;
Course syllabi;
Faculty teach-ins;
Institution-wide reading programs;
Posters, bulletin boards, and other targeted print and email
materials;
Programming surrounding large recurring campus events;
Partnering with neighboring SUNY and non-SUNY colleges to offer training and education; Partnering with State and loca community organizations that provide outreach, support, crisis intervention, counseling and other resources to victims/survivors of crimes to offer training and education.
Partnerships can also be used to educate community organizations about the resources and remedies available on campus for students and employees seeking services; and
Outreach and partnering with local business those attract students to advertise and educate about these policies.

Each SUNY campus must report back to the Chancellor on or before March 31, 2015 on their plan to comply with this policy. Each institution must engage in a regular assessment of their programming and policies to determine effectiveness. The institution may either assess its own programming or conduct a review of other campus programming and published studies to adapt its programming to ensure effectiveness and relevance to students.

Campus Climate Assessment Policy

Climate assessments afford institutions the opportunity to better understand their campus and to make informed decisions when it comes to providing a safe educational environment. Beginning in the 2015-2016 academic year, each State University of New York State-operated and community college will conduct a uniform climate survey that ascertains student experience with and knowledge of reporting and college adjudicatory processes for sexual harassment, including sexual violence, and other related crimes.

The survey will address at least the following:

Student and employee knowledge about: the Title IX Coordinator’s role;
campus policies and procedures addressing sexual assault;
how and where to report sexual violence as a victim/survivor or witness;
the availability of resources on and off campus, such as counseling, health, academic assistance;
the prevalence of victimization and perpetration of sexual assault, domestic violence, dating violence, and stalking on and off campus during a set time period (for example, the last two years);
bystander attitudes and behavior;
whether victims/survivors reported to the �� and/or police, and reasons why they did or did not report;
the general awareness of the difference, if any, between the institution’s policies and the penal law; and
the general awareness of the definition of affirmative consent. Every institution shall take steps to ensure that answers remain anonymous and that no individual is identified.
Results will be published on the campus website providing no personally identifiable information will be shared. Beginning in the spring semester of 2015, the Chancellor or designee will convene a group of scholars and practitioners to review methods of assessing campus climate, specific questions asked
in past surveys, relevant data on responses and response rates, issues and problems encountered in survey implementation, and lessons learned from past surveys. The Chancellor or designee will gather this data and seek to develop a standardized survey, with the advice of relevant members of the SUNY community and knowledgeable outside entities, that uses established measurement tools, to be implemented every two years by all SUNY State-operated and community colleges beginning in the 2015-2016 academic year. This policy may be changed by the Chancellor or designee should federal and/or State legislation require a different process or duplicate efforts to assess campus climate via survey.

Every 2 Years

07-02-2024

Sara Hebert

Title IX Coordinator

07-02-2024

Title IX and Sexual Misconduct Grievance Policy

reedc — Tue, 15 Dec 2020 14:06:28 +0000

Title IX and Sexual Misconduct Grievance Policy reedc Tue, 12/15/2020 - 09:06

7-705C

Cabinet

10-23-2020

08-14-2020

Category

Diversity & Equity

Title IX Coordinator

(585) 245-5023

This policy outlines the procedures for reporting, investigating, and adjudicating allegations of discrimination under Title IX of the Educational Amendments of 1972 at �� and applies to all faculty, staff, and students at the College.

What is the purpose of the Title IX Grievance Policy?

Title IX of the Educational Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access our educational programs and opportunities.

On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that:

· Defines the meaning of “sexual harassment” (including forms of sex-based violence)

· Addresses how this institution must respond to reports of misconduct falling within that definition of sexual harassment, and

· Mandates a grievance process that this institution must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment.

See, 85 Fed. Reg. 30026 (May 19, 2020). The full text of the Final Rule and its extensive Preamble are available here: http://bit.ly/TitleIXReg

Based on the Final Rule, �� will implement the following Title IX Grievance Policy, effective August 14, 2020 until July 31, 2023 and then August 29, 2024 to current day.

How does the Title IX Grievance Policy impact other campus disciplinary policies?

In recent years, “Title IX” cases have become a short-hand for any campus disciplinary process involving sex discrimination, including those arising from sexual harassment and sexual assault. But under the Final Rule, �� must narrow both the geographic scope of its authority to act under Title IX and the types of “sexual harassment” that it must subject to its Title IX investigation and adjudication process. Only incidents falling within the Final Rule’s definition of sexual harassment will be investigated and, if appropriate, brought to a live hearing through the Title IX Grievance Policy defined below.

�� remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule.

Specifically, our campus has a Student Code of Conduct, as well as additional employment policies, that establish acceptable professional behaviors and norms, and a separate Sexual Violence Response Policy that addresses the types of sex- based offenses constituting a violation of campus policy, and the procedures for investigating and adjudicating those sex-based offenses. [Note: Any Sexual Misconduct Policy that runs parallel to the Title IX Grievance Policy, such as a policy implementing New York Education Law 129-B or other state laws or policies, can only fully govern how the institution responds to violations falling outside their Title IX jurisdiction]

To the extent that alleged misconduct falls outside the Title IX Grievance Policy, or misconduct falling outside the Title IX Grievance Policy is discovered in the course of investigating covered Title IX misconduct, the institution retains authority to investigate and adjudicate the allegations under the policies and procedures defined within the �� Sexual Assault and Interpersonal Violence Policies and Procedures. For employees, this includes, but is not limited to, application of the Sexual Violence Response Policy as well as procedures and processes provided for in various collective bargaining agreements, as may be applicable.

The procedural elements established in the Title IX Grievance Policy under the Final Rule have no effect on and are not transferable to any other policy of the College for any violation of the Code of Conduct, employment policies, or any civil rights violation except as narrowly defined in this Policy. This Policy does not set a precedent for other policies or processes of the College and may not be cited for or against any right or aspect of any other policy or process.

How does the Title IX Grievance Policy impact the handling of complaints?

Our existing Title IX office and reporting structure remains in place. What has changed is the way our Title IX office will handle different types of reports arising from sexual misconduct, as detailed in full throughout Section II.

Covered Sexual Harassment

Complainant

Consent

Education Program or Activity

Employee

Formal Complaint

Relevant evidence and questions

Respondent

Privacy vs. Confidentiality

Disability Accommodations

Effective Date

This policy will become effective on August 14, 2020, and will only apply to formal complaints of incidents of sexual harassment that occurred on or after August 14, 2020 or on or after August 28, 2024. For incidents that occurred between the dates of August 1, 2024- August 28, 2024, see Title IX Policy effective 8/1/2024- 8/28/2024.

General Rules of Application

Effective Date

The Title IX Grievance Policy will apply to sexual harassment alleged to have occurred on or after August 14, 2020. Incidents of sexual harassment alleged to have occurred before August 14, 2020, will be investigated and adjudicated according to the process in place at the time the incident allegedly occurred.

Revocation by Operation of Law

Should any portion of the Title IX Final Rule, 85 Fed. Reg. 30026 (May 19, 2020), be stayed or held invalid by a court of law, or should the Title IX Final Rule be withdrawn or modified to not require the elements of this policy, then this policy, or the invalidated elements of this policy, will be deemed revoked as of the publication date of the opinion or order and for all reports after that date, as well as any elements of the process that occur after that date if a case is not complete by that date of opinion or order publication. Should the Title IX Grievance Policy be revoked in this manner, any conduct covered under the Title IX Grievance Policy shall be investigated and adjudicated under the �� Sexual Assault and Interpersonal Violence Policies and Procedures.

Non-Discrimination in Application

The requirements and protections of this policy apply equally regardless of sex, sexual orientation, gender identity, gender expression, or other protected classes covered by federal or state law. All requirements and protections are equitably provided to individuals regardless of such status or status as a Complainant, Respondent, or Witness. Individuals who wish to file a complaint about the institution’s policy or process may contact the U.S. Department of Education’s Office for Civil Rights using contact information available at https://ocrcas.ed.gov/contact-ocr.

Disability Accommodations

This Policy does not alter any institutional obligations under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance Process. The Title IX Coordinator will consult with the Office of Accessibility Services and legal counsel in order to engage in the interactive process and provide accommodations as appropriate. The college will not affirmatively provide disability accommodations unless requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.

Making a Report Regarding Covered Sexual Harassment to the Institution

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by email, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

Title IX Online Reporting Form: https://cm.maxient.com/reportingform.php?SUNYGeneseo&layout_id=2

Such a report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address listed for the Title IX Coordinator.

Confidential Disclosure

The following resources will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited under this policy:

Office of the Dean of Students
Title IX Office
Office of Human Resources & Payroll Services
University Police

The following resources may provide confidentiality:

Counseling Services: 585-245-5716, Lauderdale Health Center,

/health/counseling_services_home

Physicians, licensed medical professionals or supervised interns when they are engaged in a physician/patient relationship: Health Services: 585-245-5736, Lauderdale Health Center, /health

College advocate from RESTORE: (800) 527-1747 (24/7 hotline)

College advocate from Chances & Changes: (888) 252-9360 (24/7 hotline)

Supportive Measures

Complainants (as defined above), who report allegations that could constitute covered sexual harassment under this policy, have the right to receive supportive measures from �� regardless of whether they desire to file a complaint, as appropriate. Supportive measures are non- disciplinary and non-punitive.

As appropriate, supportive measures may include, but not be limited to:

Counseling
extensions of deadlines or other course-related adjustments
modifications of work or class schedules
campus escort services
restrictions on contact between the parties (No Contact Orders)
changes in work or housing locations
leaves of absence
increased security and monitoring of certain areas of the campus

See 85 Fed. Reg. 30401.

Emergency Removal

�� retains the authority to remove a respondent from ��’s program or activity on an emergency basis, where �� (1) undertakes an individualized safety and risk analysis and (2) determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of covered sexual harassment justifies a removal.

If �� determines such removal is necessary, as established in the Final Rule, the respondent will be provided notice and an opportunity to challenge the decision immediately following the removal.

Complaints Involving Employees as Respondents

�� retains the authority to suspend or place a non-student employee respondent on alternate assignment during the Title IX Grievance Process, consistent with the applicable collective bargaining agreement and/or employment policies.

Alternative Resolution Option

Administrative Resolutions may be offered as a path to resolve allegations of Title IX-covered misconduct. Generally speaking, this resolution option is less time intensive than a live hearing, while still affording students an opportunity to actively participate in a process led by the College for the resolution of the complaint(s). Administrative Resolutions are to be utilized at the discretion of the College and may not be an appropriate method to resolve all cases of alleged misconduct.

Should the participating parties agree to utilize an offered Administrative Resolution option, the College will work with the participating parties to determine agreed-upon outcomes that are in compliance with applicable State and/or Federal law and policy. Administrative Reviews may require the Respondent to claim responsibility for violating College policy. All participating parties will be provided a written agreement, and once signed, the terms of the agreement are final and no appeals will be considered.

Alternative means of Resolution will not be available in matters involving students and employees.

The Title IX Grievance Process

Filing a Formal Complaint

The timeframe for the Title IX Grievance Process begins with the filing of a Formal Complaint. The Grievance Process will be concluded within a reasonably prompt manner, and no longer than 180 business days after the filing of the Formal Complaint, provided that the Process may be extended for a good reason, including but not limited to the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. The procedure for applying for extensions is described below.

To file a Formal Complaint, a complainant must provide the Title IX Coordinator or their designee, a written, signed complaint describing the facts alleged. Complainants are only able to file a Formal Complaint under this Policy if they are currently participating in, or attempting to participate in, the education programs or activities of ��, including as an employee. For complainants who do not meet these criteria, the College will utilize the �� Sexual Violence Response Policies and Procedures.

If a complainant does not wish to make a Formal Complaint, the Title IX Coordinator or their designee, may determine a Formal Complaint is necessary. �� will inform the complainant of this decision in writing, and the complainant need not participate in the process further but will receive all notices issued under this Policy and Process.

Nothing in the Title IX Grievance Policy prevents a complainant from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process.

Multi-Party Situations

The institution may consolidate Formal Complaints alleging covered sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of covered sexual harassment arise out of the same facts or circumstances.

Truthfulness

All individuals in the reporting and resolution processes have the responsibility to be truthful with the information they share at all stages of the process. A report of a violation under this Policy is not considered a bad faith report merely because the evidence does not ultimately support the allegation. Individuals are prohibited from knowingly making a false report, filing a false Formal Complaint, or making misrepresentations. If an investigation results in a finding that a person has willfully filed a bad faith report, filed a false Formal Complaint or made misrepresentations as part of the reporting or resolution process, the person may be subject to appropriate Disciplinary Sanctions under the Code of Conduct in the case of Students or other relevant policies and collective bargaining agreements in the case of employees.

Determining Jurisdiction

The Title IX Coordinator or their designee will determine if the instant Title IX Grievance Process should apply to a Formal Complaint. The Process will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator:

1. The conduct is alleged to have occurred on or after August 14, 2020;

2. The conduct is alleged to have occurred in the United States;

3. The conduct is alleged to have occurred in the college’s education program or activity; and

4. The alleged conduct, if true, would constitute covered sexual harassment as defined in this policy.

If all of the elements are met, �� will investigate the allegations according to the Title IX Grievance Process.

Allegations Potentially Falling Under Two Policies:

If the alleged conduct, if true, includes conduct that would constitute covered sexual harassment and prohibited conduct that would not constitute covered sexual harassment, the Title IX Grievance Process will be applied in the investigation and adjudication of all of the allegations.

Mandatory Dismissal

If any one of these elements are not met, the Title IX Coordinator or their designee will notify the parties that the Formal Complaint is being dismissed for the purposes of the Title IX Grievance Policy. Each party may appeal this dismissal in writing or electronically to the college’s Chief Diversity Officer, who serves as the supervisor of the Title IX Coordinator, within five (5) business days of the determination.

Discretionary Dismissal

The Title IX Coordinator or their designee may dismiss a Formal Complaint brought under the Title IX Grievance Policy, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if:

A complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint;
The respondent is no longer enrolled or employed by ��; or,
If specific circumstances prevent �� from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.

Each party may appeal this dismissal in writing or electronically to the college’s Chief Diversity Officer, who serves as the supervisor of the Title IX Coordinator, within five (5) business days of the determination.

Notice of Dismissal

Upon reaching a decision that the Formal Complaint will be dismissed, the institution will promptly send written notice of the dismissal of the Formal Complaint or any specific allegation within the Formal Complaint, and the reason for the dismissal, simultaneously to the parties by their institutional email accounts if they are a student or employee, and by other reasonable means. It is the responsibility of parties to maintain and regularly check their email accounts.

Notice of Removal

Upon dismissal of the formal complaint, for the purposes of Title IX, �� retains discretion to utilize the Student Code of Conduct or an appropriate employment policy to determine if a violation has occurred. If so, �� will promptly send written notice of the dismissal of the Formal Complaint under the Title IX Grievance Process and removal of the allegations to the conduct process.

Notice of Allegations

The Title IX Coordinator or their designee will draft and provide the Notice of Allegations to any party to the allegations of sexual harassment. Such notice will occur as soon as practicable, but no more than five (5) days after the institution receives a Formal Complaint of the allegations, if there are no extenuating circumstances.

The parties will be notified by their institutional email accounts if they are a student or employee, and by other reasonable means if they are neither.

The institution will provide sufficient time for the parties to review the Notice of Allegations and prepare a response before any initial interview.

The Title IX Coordinator or their designee may determine that the Formal Complaint must be dismissed on the mandatory grounds identified above, and will issue a Notice of Dismissal. If such a determination is made, any party to the allegations of sexual harassment identified in the Formal Complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations.

Contents of Notice

The Title IX Coordinator or their designee is responsible for providing the Notice of Allegations to the parties. The Notice of Allegations will be sent to both parties at the same time and include the following:

Notice of the institution’s Title IX Grievance Process and a hyperlink to a copy of the process, including any informal resolution process and a hyperlink to a copy of the process.
Notice of the allegations potentially constituting covered sexual harassment, and sufficient details known at the time the Notice is issued, such as the identities of the parties involved in the incident, if known, including the complainant; the conduct allegedly constituting covered sexual harassment and concomitant prohibited conduct; and the date and location of the alleged incident, if known.
A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney, as required under 34 C.F.R. § 106.45(b)(5)(iv);
A statement that before the conclusion of the investigation, the parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the institution does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source, as required under 34 C.F.R. § 106.45(b)(5)(vi);

Ongoing Notice

If, in the course of an investigation, the institution decides to investigate allegations about the complainant or respondent that are not included in the Notice of Allegations and are otherwise covered "sexual harassment” falling within the Title IX Grievance Policy, the institution will notify the parties whose identities are known of the additional allegations by their institutional email accounts or other reasonable means.

The parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional charges.

Advisor of Choice and Participation of Advisor of Choice

�� will provide the parties equal access to advisors and support persons; any restrictions on advisor participation will be applied equally.

�� has a long-standing practice of requiring the parties to participate in the process directly and not through an advocate or representative. Individuals Students participating as Complainant or Respondent in this process may be accompanied by an Advisor of Choice to any meeting or hearing to which they are required or are eligible to attend. The Advisor of Choice does not take an active role as an advocate. Except where explicitly stated by this Policy, as consistent with the Final Rule, Advisors of Choice shall not participate directly in the process as per standard policy and practice of ��.

�� will not intentionally schedule meetings or hearings on dates where the Advisors of Choice for all parties are not available, provided that the Advisors of Choice act reasonably in providing available dates and work collegially to find dates and times that meet all schedules.

��’s obligations to investigate and adjudicate in a prompt timeframe under Title IX and other college policies apply to matters governed under this Policy, and �� cannot agree to extensive delays solely to accommodate the schedule of an Advisor of Choice. The determination of what is reasonable shall be made by the Title IX Coordinator or designee. �� will not be obligated to delay a meeting or hearing under this process more than five (5) days due to the unavailability of an Advisor of Choice, and may offer the party the opportunity to obtain a different Advisor of Choice or utilize one provided by ��.

Notice of Meetings and Interviews

�� will provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings with a party, with sufficient time for the party to prepare to participate.

Delays

Each party may request a one-time delay in the Grievance Process of up to five (5) days for good cause (granted or denied in the sole judgment of the Title IX Coordinator, Dean of Students, or designee) provided that the requestor provides reasonable notice, a legitimate explanation for the delay, and the delay does not overly inconvenience other parties. The Title IX Coordinator, Dean of Students, or designee may temporarily delay the commencement of an investigation or adjudication should the matter interfere with a concurrent law enforcement proceeding and/or related employee proceeding.

For example, a request to take a five day pause made an hour before a hearing for which multiple parties and their advisors have traveled to and prepared for shall generally not be granted, while a request for a five day pause in the middle of investigation interviews to allow a party to obtain certain documentary evidence shall generally be granted.

The Title IX Coordinator, Dean of Students, or designee, shall have sole judgment to grant further pauses in the Process.

Investigation

General Rules of Investigations

The Title IX Coordinator, or designee, will perform an investigation under a reasonably prompt timeframe of the conduct alleged to constitute covered sexual harassment after issuing the Notice of Allegations.

�� and not the parties, has the burden of proof and the burden of gathering evidence, i.e. the responsibility of showing a violation of this Policy has occurred. This burden does not rest with either party, and either party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from �� and does not indicate responsibility.

�� cannot access, consider, or disclose medical records without a signed waiver from the party (or parent, if applicable) to whom the records belong or of whom the records include information. �� will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e. evidence that tends to prove and disprove the allegations, respectively) as described below.

Investigative Report

The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will create an Investigative Report that fairly summarizes relevant evidence, will and provide that Report to the parties at least ten (10) business days prior the hearing in an electronic format for each party’s review and written response.

The Investigative Report is not intended to catalog all evidence obtained by the investigator, but only to provide a fair summary of that evidence.

Only relevant evidence (including both inculpatory and exculpatory – i.e. tending to prove and disprove the allegations - relevant evidence) will be referenced in the Investigative Report.

The investigator may redact irrelevant information from the Investigative Report when that information is contained in documents or evidence that is/are otherwise relevant. See, 85 Fed. Reg. 30026, 30304 (May 19, 2020).

Inclusion of Evidence Not Directly Related to the Allegations:

Evidence obtained in the investigation that is determined in the reasoned judgment of the investigator not to be directly related to the allegations in the Formal Complaint will be included in the appendices to the investigative report.

Inspection and Review of Evidence

Prior to the completion of the investigation, the parties will have an equal opportunity to inspect and review the evidence obtained through the investigation. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation.

Evidence that will be available for inspection and review by the parties will be any evidence that is directly related to the allegations raised in the Formal Complaint. It will include any:

1. Evidence that is relevant, even if that evidence does not end up being relied upon by the institution in making a determination regarding responsibility;

2. inculpatory or exculpatory evidence (i.e. evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a party or other source.

All parties must submit any evidence they would like the investigator to consider prior to when the parties’ time to inspect and review evidence begins. See, 85 Fed. Reg. 30026, 30307 (May 19, 2020).

The College will send the evidence made available for each party and each party’s advisor, if any, to inspect and review through an electronic format. �� is not under an obligation to use any specific process or technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access.

The parties will have ten (10) business days to inspect and review the evidence and submit a written response by email to the investigator. The investigator will consider the parties’ written responses before completing the Investigative Report. Parties may request a reasonable extension as their designated extension request.

�� will provide copies of the parties’ written responses to the investigator to all parties and their advisors, if any. See, 85 Fed. Reg. 30026, 30307 (May 19, 2020).

�� will provide the parties five (5) business days after the initial inspection and review of evidence, and before the investigator completes their Investigative Report, to provide additional evidence in response to their inspection and review of the evidence, and then provide the parties five (5) business days to inspect, review, and respond to the party’s additional evidence through a written response to the investigator. Those written responses will be disclosed to the parties. See, 85 Fed. Reg. 30026, 30307 (May 19, 2020).

Any evidence subject to inspection and review will be available at any hearing, including for purposes of cross-examination.

The parties and their advisors must sign an agreement not to disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the Title IX grievance process. See, 85 Fed. Reg. 30026, 30435 (May 19, 2020).

Hearing

General Rules of Hearings

�� will not issue a disciplinary sanction arising from an allegation of covered sexual harassment without holding a live hearing unless otherwise resolved through an informal resolution process.

The live hearing may be conducted with all parties physically present in the same geographic location, or, at ��’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually through videoconferencing. This technology will enable participants simultaneously to see and hear each other. At its discretion, �� may delay or adjourn a hearing based on technological difficulties not within a party’s control.

All proceedings will be recorded through an audio recording. That recording will be made available to the parties for inspection and review.

Continuances or Granting Extensions

�� may determine that multiple sessions or a continuance (i.e. a pause on the continuation of the hearing until a later date or time) is/are needed to complete a hearing. If so, �� will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable.

Newly-discovered Evidence

As a general rule, no new evidence or witnesses may be submitted during the live hearing.

If a party identifies new evidence or witnesses that were not reasonably available prior to the live hearing and could affect the outcome of the matter, the party may request that such evidence or witnesses be considered at the live hearing.

The hearing body will consider this request and make a determination regarding (1) whether such evidence or witness testimony was actually unavailable by reasonable effort prior to the hearing, and (2) whether such evidence or witness testimony could affect the outcome of the matter. The party offering the newly-discovered evidence or witness has the burden of establishing these questions by the preponderance of the evidence.

If the hearing body answers in the affirmative to both questions, then the parties will be granted a reasonable pause in the hearing to review the evidence or prepare for questioning of the witness.

Participants in the live hearing

Live hearings are not public, and the only individuals permitted to attend the hearing are as follows:

Administrative Hearing Officer

The Administrative Hearing Officer will serve as a non-voting position responsible for opening and establishing the rules and expectations for the hearing.
The Administrative Hearing Officer is responsible for answering any procedural related questions raised by the parties, advisors of choice, or decision-makers.
In matters involving employees, the Vice President for Finance and Administration will designate an individual to serve in this capacity. In matters involving students, the Vice President of Student and Campus Life will designate an individual to serve. In matters involving both an employee and a student, the case will be referred to the Vice President for Finance and Administration to designate an Administrative Hearing Officer.
In Title IX related matters, the Administrative Hearing Officer, in consultation with the hearing body, will be responsible for writing the Determination Regarding Responsibility (see below).

Advisor of Choice

The parties have the right to select an advisor of their choice, who may be, but does not have to be, an attorney.
In addition to selecting an advisor to conduct cross-examination, the parties may select an advisor who may accompany the parties to any meeting or hearing they are permitted to attend, but may not speak for the party.
The parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a party does not select an advisor, the institution will select an advisor to serve in this role for the limited purpose of conducting the cross- examination at no fee or charge to the party.
The advisor is not prohibited from having a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
The advisor is not prohibited from being a witness in the matter.
If a party does not attend the live hearing, the party’s advisor may appear and conduct cross-examination on their behalf. See 85 Fed. Reg. 30026, 30340 (May 19, 2020).
If neither a party nor their advisor appears at the hearing, �� will provide an advisor to appear on behalf of the non-appearing party. See 85 Fed. Reg. 30026, 30339-40 (May 19, 2020).
Advisors shall be subject to the institution’s Rules of Decorum, and may be removed upon violation of those Rules.

Complainant and Respondent (The Parties)

The parties cannot waive the right to a live hearing.
The institution may still proceed with the live hearing in the absence of a party, and may reach a determination of responsibility in their absence, including through any evidence gathered that does not constitute a “statement” by that party. See 85 Fed. Reg. 30026, 30361 (May 19, 2020).
�� will not threaten, coerce, intimidate or discriminate against the party in an attempt to secure the party’s participation. See 34 C.F.R. § 106.71; see also 85 Fed. Reg. 30026, 30216 (May 19, 2020).
If a party does not submit to cross-examination, the decision-maker may rely on any prior statements made by that party in reaching a determination regarding responsibility, but may assign lower weight to statements that have not been subject to cross examination.
The hearing body cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing or refusal to answer cross examination or other questions. See 34 C.F.R. §106.45(b)(6)(i).
The parties shall be subject to the institution’s Rules of Decorum.

The Decision-maker

The hearing body will consist of a panel of three decision-makers.
No member of the hearing body will also have served as the Title IX Coordinator, Title IX investigator, or advisor to any party in the case, nor may any member of the hearing body serve on the appeals body in the case.
No member of the hearing body will have a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
The hearing body will be trained on topics including how to serve impartially, issues of relevance, including how to apply the rape shield protections provided for complainants, and any technology to be used at the hearing.
The parties will have an opportunity to raise any objections regarding a decision- maker’s actual or perceived conflicts of interest or bias at the commencement of the live hearing.

Witnesses

Witnesses cannot be compelled to participate in the live hearing, and have the right not to participate in the hearing free from retaliation. See, 85 Fed. Reg. 30026, 30360 (May 19, 2020).
Witnesses shall be subject to the institution’s Rules of Decorum.

Hearing Procedures

For all live hearings conducted under this Title IX Grievance Process, the procedure will be as follows:

The Administrative Hearing Officer will open and establish rules and expectations for the hearing;
The Parties will each be given the opportunity to provide opening statements;
The hearing body will ask questions of the Parties and Witnesses;
Parties will be given the opportunity for live cross-examination after the decision maker(s) conduct their initial round of questioning; during the Parties’ cross- examination, the hearing body will have the authority to pause cross- examination at any time for the purposes of asking their own follow up questions; and any time necessary in order to enforce the established Rules of Decorum.
Should a Party or the Party’s Advisor choose not to cross-examine a Party or Witness, the Party shall affirmatively waive cross-examination through a written or oral statement to the hearing body. A Party’s waiver of cross-examination does not eliminate the ability of the hearing body to use statements made by the Party.

Live Cross-Examination Procedure

Each party’s advisor will conduct live cross-examination of the other party or parties and witnesses. During this live-cross examination the advisor will ask the other party or parties and witnesses relevant questions and follow-up questions, including those challenging credibility directly, orally, and in real time.

Before any cross-examination question is answered, the hearing body will determine if the question is relevant. See Model Relevance Policy. Cross-examination questions that are duplicative of those already asked, including by the hearing body, may be deemed irrelevant if they have been asked and answered.

Review of Recording

The audio recording of the hearing will be available for review by the parties within two business days, unless there are any extenuating circumstances. Copies of the audio recording of the hearing will not be provided to parties or advisors of choice.

Determination Regarding Responsibility

Standard of Proof

�� uses the preponderance of the evidence standard for investigations and determinations regarding responsibility of formal complaints covered under this Policy. This means that the investigation and hearing determine whether it is more likely than not that a violation of the Policy occurred.

General Considerations for Evaluating Testimony and Evidence

While the opportunity for cross-examination is required in all Title IX hearings, determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual, and digital evidence, as warranted in the reasoned judgment of the Decision-maker.

Decision-makers shall not draw inferences regarding a party or witness’ credibility based on the party or witness’ status as a complainant, respondent, or witness, nor shall it base its judgments in stereotypes about how a party or witness would or should act under the circumstances.

Generally, credibility judgments should rest on the demeanor of the party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence.

Still, credibility judgments should not rest on whether a party or witness’ testimony is non-linear or incomplete, or if the party or witness is displaying stress or anxiety.

Decision makers will afford the highest weight relative to other testimony to first-hand testimony by parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e. tending to prove and disprove the allegations) evidence will be weighed in equal fashion.

A witness’ testimony regarding third-party knowledge of the facts at issue will be allowed, but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred.

�� allows parties to call “expert witnesses” for direct and cross examination. While the expert witness will be allowed to testify and be cross-examined, the decision-maker will be instructed to afford lower weight to non-factual testimony of the expert relative to fact witnesses, and any expert testimony that is not directed to the specific facts that occurred in the case will be afforded lower weight relative to fact witnesses, regardless of whether the expert witness testimony is the subject of cross examination and regardless of whether all parties present experts as witnesses.

The Final Rule requires that �� allow parties to call character witnesses to testify. While the character witnesses will be allowed to testify and be cross-examined, the decision-maker will be instructed to afford very low weight to any non-factual character testimony of any witness. The parties may elect to submit a written statement by any identified character in lieu of their live testimony.

�� will accept and allow testimony regarding polygraph tests (“lie detector tests”) and other procedures that are outside of standard use in academic and non-academic conduct processes. While the processes and testimony about them will be allowed to testify and be cross- examined, the decision-maker will be instructed to afford lower weight to such processes relative to the testimony of fact witnesses.

Where a party or witness’ conduct or statements demonstrate that the party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the hearing body may draw an adverse inference as to that party or witness’ credibility.

Components of the Determination Regarding Responsibility

The written Determination Regarding Responsibility, finalized by the Administrative Hearing Officer in consultation with the voting hearing body, will be issued simultaneously to all parties through their institutional email account, or other reasonable means as necessary. The Determination will include:

Identification of the allegations potentially constituting covered sexual harassment;
A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
Findings of fact supporting the determination;
Conclusions regarding which section of this policy and/or the Student Code of Conduct, if any, the respondent has or has not violated.
For each allegation:

a. A statement of, and rationale for, a determination regarding responsibility;

b. A statement of, and rationale for, any disciplinary sanctions �� imposes on the respondent; and

c. A statement of, and rationale for, whether remedies designed to restore or preserve equal access to ��’s education program or activity will be provided by �� to the complainant; and
��’s procedures and the permitted reasons for the complainant and respondent to appeal (described below in “Appeal”).

Timeline of Determination Regarding Responsibility

If there are no extenuating circumstances, the determination regarding responsibility will be issued by �� within ten (10) business days of the completion of the hearing.

Finality

The determination regarding responsibility becomes final either on the date that the institution provides the parties with the written determination of the result of the appeal, if an appeal is filed consistent with the procedures and timeline outlined in “Appeals” below, or if an appeal is not filed, the date on which the opportunity to appeal expires.

Appeals

Each party may appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a determination regarding responsibility. To appeal, a party must submit their written appeal within five (5) business days of being notified of the decision, indicating the grounds for the appeal.

The limited grounds for appeal available are as follows:

Procedural irregularity that affected the outcome of the matter (i.e. a failure to follow ��’s own procedures);
New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter.
Incorrect conclusion as to the extent of the wrongdoing.
Extremely and unfairly punitive or lenient sanction(s). (In this case, it is necessary to distinguish between severe or mild action, which does not constitute grounds for appeal, and extremely punitive or lenient action, i.e., out of all proportion to the misconduct, which occurred.)
An appeal may be based on the unfairness of the rule, which was violated, in which case a decision on the appeal is made after the rule itself is reviewed by appropriate College personnel.

The submission of appeal stays any sanctions for the pendency of an appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal.

If a party appeals, �� will as soon as practicable notify the other party in writing of the appeal, however the time for appeal shall be offered equitably to all parties and shall not be extended for any party solely because the other party filed an appeal.

Appeals will be decided by a three-person Appellate Board, who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decision-maker in the same matter.

Outcome of appeal will be provided in writing simultaneously to both parties, and include rationale for the decision.

Retaliation

�� will keep the identity of any individual who has made a report or complaint of sex discrimination confidential, including the identity of any individual who has made a report or filed a Formal Complaint of sexual harassment under this Title IX Grievance Policy, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding under this Title IX Grievance Policy.

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations.

No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Title IX Grievance Policy.

Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations constitutes retaliation. This includes any charges filed against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but that arise from the same facts or circumstances as a report or complaint of sex discrimination or a report or Formal Complaint of sexual harassment. /handbook/amnesty-sexual-and-interpersonal- violence-cases

Complaints alleging retaliation may be filed through the Title IX Office by submitting a Title IX Incident Report:

https://cm.maxient.com/reportingform.php?SUNYGeneseo&layout_id=2

Disability Accommodations

This policy does not alter any institutional obligations under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX grievance process that do not fundamentally alter the process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the parties, even where the parties may be receiving accommodations in other institutional programs and activities.

Approved by College Council: 5/5/23.

This policy will be reviewed for updates annually.

08-14-2020

Mike Taberski

Vice President for Student and Campus Life

08-01-2024