Title IX

1. Introduction
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. See, 85 Fed. Reg. 30026 (May 19, 2020). The full text of the Final Rule and its extensive Preamble are available here.

Based on the Final Rule, Purchase College will implement the following Title IX Grievance Policy, effective August 14, 2020.

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, Purchase College 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.

Purchase College 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 that defines certain behavior as a violation of campus policy, 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.

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 Violence Response Policy through a separate grievance proceeding that can be found here.

The elements established in the Title IX Grievance Policy under the Final Rule have no effect 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 2.

2. The Title IX Grievance Policy

General Rules of Application

Effective Date

The Title IX Grievance Policy will become effective on August 14, 2020, and will only 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, 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 existing Sexual Violence Response Policy.

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 Department of Education’s Office for Civil Rights using contact information available on their website.

Definitions

Covered Sexual Harassment

For the purposes of this Title IX Grievance Policy, “covered sexual harassment” includes any conduct on the basis of sex that satisfies one or more of the following:

1. An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity;
3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent;
4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.
5. Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under New York State’s domestic or family violence laws or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of New York.
6. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to— (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

Note that conduct that does not meet one or more of these criteria may still be prohibited under the Student Code of Conduct.

Consent

For the purposes of this Title IX Grievance Policy, “consent” means: Affirmative consent is a knowing, and voluntary, and mutual decision among all participants to engage in sexual activity. 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. 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. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. A more detailed description of Consent and other relevant terms may be found under Glossary and Sanctions.

Education Program or Activity

For the purposes of this Title IX Grievance Policy, Purchase College’s “education program or activity” includes:

• Any on-campus premises
• Any off-campus premises that Purchase College has substantial control over. This includes buildings or property owned or controlled by a recognized student organization.
• Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of Purchase College’s programs and activities over which the College has substantial control.

Formal Complaint

For the purposes of this Title IX Grievance Policy, “formal complaint” means a document – including an electronic submission - filed by a complainant with a signature or other indication that the complainant is the person filing the formal complaint, or signed by the Title IX Coordinator, alleging sexual harassment against a respondent about conduct within Purchase College’s education program or activity and requesting initiation of the procedures consistent with the Title IX Grievance Policy to investigate the allegation of sexual harassment.

Complainant

For the purposes of this Title IX Grievance Policy, Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute covered sexual harassment as defined under this policy.

Relevant Evidence and Questions

“Relevant” evidence and questions refer to any questions and evidence that tends to make an allegation of sexual harassment more or less likely to be true.

“Relevant” evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of the Title IX Grievance Process:

Evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless:

• They are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
• They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. 34 C.F.R. § 106.45(6)(i).
• Evidence and questions that constitute, or seek disclosure of, information protected under a legally-recognized privilege. Legally-recognized privileges include, e.g., attorney-client privilege; doctor-patient privilege, etc.
• Any party’s medical, psychological, and similar records unless the party has given voluntary, written consent. 85 Fed. Reg. 30026, 30294 (May 19, 2020).

Respondent

For the purposes of this Title IX Grievance policy, Respondent means any individual who has been reported to be the perpetrator of conduct that could constitute covered sexual harassment as defined under this policy.

Privacy vs. Confidentiality

Consistent with the Student Code of Conduct, references made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean Purchase College offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed 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 for tracking patterns and spotting systemic issues. Purchase College will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

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.

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 electronic mail, 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.

Contact Information for the Title IX Investigator:

Name: Lisa Miles-Boyce
Title: CDO/Title IX Coordinator
Office Address: 735 Anderson Hill Road, Student Services Building, Purchase, NY 10577
Email Address:lisa.milesboyce@purchase.edu
Telephone Number: (914) 251-5992

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

Confidential Reporting

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

Community Standards: (914) 251- 6033 or saf.conduct@purchase.edu
Human Resources: (914) 251-6090 or human.resources@purchase.edu
University Police: (914) 251-6911 or upd@purchase.edu

The following Officials may provide confidentiality:

Health Services: (914) 251-6380 or hse@purchase.edu
Wellness Center: (914) 251-6665 or wellness@purchase.edu
Counseling Center: (914) 251-6390 or COU.counseling.center@purchase.edu
Victims’ Advocate: Catherine Vanbomel
Employee Assistance Coordinator: EAP@purchase.edu

Non-Investigatory Measures Available Under the Title IX Grievance Policy

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 Purchase College regardless of whether they desire to file a complaint, which may include academic accommodations, residence and housing accommodations, or disciplinary/safety accommodations 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

Purchase College retains the authority to remove a respondent from Purchase College’s program or activity on an emergency basis, where Purchase College (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.

A review and assessment of the circumstances that warranted the emergency removal will be conducted to consider potential risk or harm to the parties involved.

If Purchase College determines such removal is necessary, the respondent will be provided notice and an opportunity to challenge the decision immediately following the removal. Challenges to emergency removals are heard by the Office of the Vice President of Student Affairs. A decision regarding the removal must be made within five (5) businesses days of being disputed.

Administrative Leave

Purchase College retains the authority to place a non-student employee respondent on administrative leave during the Title IX Grievance Process, consistent with the Policy on Sexual Harassment.

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 ninety (90) 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 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 Purchase College, including as an employee. For complainants who do not meet this criteria, the College will utilize existing policy in the Sexual Violence Response Policy.

If a complainant does not wish to make a Formal Complaint, the Title IX Coordinator may determine a Formal Complaint is necessary. Purchase College 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 or the Student Code of Conduct or the Sexual Violence Response Policy prevents a complainant from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process.

Informal Resolution

A complainant who files a Formal Complaint may elect, at any time, to address the matter through the Institution’s Informal Resolution Process. All Parties to a Formal Complaint must agree to enter the Informal Resolution Process through an informed written consent. Information about this Process is available here.

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.

Determining Jurisdiction

The Title IX Coordinator 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 Purchase 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, Purchase College will investigate the allegations according to the Grievance Process.

Allegations Potentially Falling Under Two Policies

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

Mandatory Dismissal

If any one of these elements are not met, the Title IX Coordinator 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 using the procedure outlined in “Appeals,” below.

Discretionary Dismissal

The Title IX Coordinator 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 Purchase College; or,
• If specific circumstances prevent Purchase College from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.

Any party may appeal a dismissal determination using the process set forth in “Appeals,” below.

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 through their institutional email accounts. It is the responsibility of parties to maintain and regularly check their email accounts.

Notice of Removal

Upon dismissal for the purposes of Title IX, Purchase College retains discretion to utilize the Sexual Violence Response Policy to determine if a violation of the Sexual Violence Response Policy has occurred. If so, Purchase College 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 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, 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 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 Notice of Allegations will include the following:

• Notice of the institution’s Title IX Grievance Process including, the informal resolution policy.
• 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 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);
• In accordance with Section B.1 of the Student Code of Conduct, students may not provide false information about themselves or any other person.

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

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

The Purchase College has a long-standing practice of requiring students to participate in the process directly and not through an advocate or representative. 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 is not 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 Purchase College.

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

Purchase College’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 Purchase College 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. Purchase College 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 Purchase College.

Notice of Meetings and Interviews

Purchase College 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, Director of Student Conduct, or designee) provided that the requestor provides reasonable notice and the delay does not overly inconvenience other parties.

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 Director of Student Conduct shall have sole judgment to grant further pauses in the Process.

Investigation

General Rules of Investigations

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

Purchase College 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 Purchase College and does not indicate responsibility.

Purchase College cannot access, consider, or disclose medical records without a waiver from the party (or parent, if applicable) to whom the records belong or of whom the records include information. Purchase College 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) as described below.

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 institution will send the evidence made available for each party and each party’s advisor, if any, to inspect and review through an electronic format or a hard copy. The Institution 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.

The College will provide the parties up to ten (10) business days to provide a response, after which the investigator will not be required to accept a late submission. Investigator has 10 business days to generate a report or, alternatively, may provide the parties with written notice extending the investigation for up to 15 business days and explaining the reason for the extension.

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).

The parties and their advisors agree not to photograph or otherwise copy the evidence. See, 85 Fed. Reg. 30026, 30435 (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 not be disclosed, or may be appropriately redacted before the parties’ inspection to avoid disclosure of personally identifiable information of a student. Any evidence obtained in the investigation that is kept from disclosure or appropriately redacted will be documented in a “privilege log” that may be reviewed by the parties and their advisors, if any. See, 85 Fed. Reg. 30026, 30438 (May 19, 2020).

Investigative Report

The Title IX Coordinator and/or Title IX investigator will create an Investigative Report that fairly summarizes relevant evidence, and will provide that Report to the parties at least ten (10) business days prior the hearing in an electronic format or a hard copy 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).

Hearing

General Rules of Hearings

Purchase College 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 Purchase College’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually through Zoom. This technology will enable participants simultaneously to see and hear each other. At its discretion, Purchase College may delay or adjourn a hearing based on technological errors not within a party’s control.

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

Prior to obtaining access to any evidence, the parties and their advisors must sign an agreement not to disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to the Title IX Grievance Process. Once signed, this Agreement may not be withdrawn See, 85 Fed. Reg. 30026, 30435 (May 19, 2020).

Continuances or Granting Extensions

Purchase College 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 needed to complete a hearing. If so, Purchase College 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 presiding Hearing Officer 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 officer 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 participate in the hearing are as follows:

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. 85 Fed. Reg. 30026, 30361 (May 19, 2020).
• For example, A verbal or written statement constituting part or all of the sexual harassment itself is not a “prior statement” that must be excluded if the maker of the statement does not submit to cross-examination about that statement. In other words, a prior statement would not include a document, audio recording, audiovisual reading, and digital media, including but not limited to text messages, emails, and social media postings, that constitute the conduct alleged to have been the act of sexual harassment under the formal complaint. See, OCR Blog (May 22, 2020).
• Purchase College 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).
• The hearing officer 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 Hearing Officer

• The hearing body can consist of a single decision maker or a three panel member hearing board.
• 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.

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.
• The advisor of choice may accompany the parties to any meeting or hearing they are permitted to attend, but may not speak for the party, except for the purpose of cross-examination.
• 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. 85 Fed. Reg. 30026, 30340 (May 19, 2020).
• If neither a party nor their advisor appear at the hearing, Purchase College 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.

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).
• If a witness does not submit to cross-examination, as described below, the decision-maker cannot rely on any statements made by that witness in reaching a determination regarding responsibility, including any statement relayed by the absent witness to a witness or party who testifies at the live hearing. 85 Fed. Reg. 30026, 30347 (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:

• Hearing Officer will open and establish rules and expectations for the hearing;
• The Parties will each be given the opportunity to provide opening statements;
• Hearing Officer will ask questions of the Parties and Witnesses;
• Parties will be given the opportunity for live cross-examination after the Hearing Officer conducts its initial round of questioning; During the Parties’ cross-examination, the Hearing Officer will have the authority to pause cross-examination at any time for the purposes of asking the Hearing Officer 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 Officer. A Party’s waiver of cross-examination does not eliminate the ability of the Hearing Officer 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, Hearing Officer will determine if the question is relevant. Cross-examination questions that are duplicative of those already asked, including by Hearing Officer may be deemed irrelevant if they have been asked and answered.

Review of Transcript/Recording

The transcript of the hearing will be available for review by the parties within ten (10) business days, unless there are any extenuating circumstances. The transcript of the hearing will not be provided to parties or advisors of choice.

Determination Regarding Responsibility

Standard of Proof

Purchase College 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 determines 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.

Except where specifically barred by the Title IX Final Rule, 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.

The Final Rule requires that Purchase College allow parties to call “expert witnesses” for direct and cross examination. Purchase College does not provide for expert witnesses in other proceedings. While the expert witness will be allowed to testify and be crossed as required by the Final Rule, 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 Purchase College allow parties to call character witnesses to testify. If accurate: Purchase College does not provide for character witnesses in other proceedings. While the character witnesses will be allowed to testify and be crossed as required by the Final Rule, the decision-maker will be instructed to afford very low weight to any non-factual character testimony of any witness.

The Final Rule requires that Purchase College admit 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 crossed as required by the Final Rule, 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 {Decision-maker} may draw an adverse inference as to that party or witness’ credibility.

Components of the Determination Regarding Responsibility

The written Determination Regarding Responsibility will be issued simultaneously to all parties through their institution email account, or other reasonable means as necessary. The Determination will include:

1. Identification of the allegations potentially constituting covered sexual harassment;
2. 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;
3.Findings of fact supporting the determination;
4.Conclusions regarding which section of the Student Code of Conduct, if any, the respondent has or has not violated.
For each allegation:
A statement of, and rationale for, a determination regarding responsibility;
A statement of, and rationale for, any disciplinary sanctions the recipient imposes on the respondent; and
A statement of, and rationale for, whether remedies designed to restore or preserve equal access to the recipient’s education program or activity will be provided by the recipient to the complainant; and
The recipient’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 Purchase College within ten (10) business day 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 the institution’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.
• The College may add other grounds for appeal, e.g. severity of sanctions.

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, the institution 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 may be no longer than 5 pages (including attachments). Appeals should be submitted in electronic form using Arial or Times New Roman, 12 point font, and single-spaced. Appeals should use footnotes, not endnotes. Appeals that do not meet these standards may be returned to the party for correction, but the time for appeal will not be extended unless there is evidence that technical malfunction caused the appeal document not to meet these standards.

Appeals will be decided by the hearing board, who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decisionmaker in the same matter.

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

Retaliation

Purchase College 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. A bystander acting in good faith or a reporting individual acting in good faith who discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Purchase College officials or law enforcement will not be subject to Purchase College 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. For more information, please see the Purchase College Amnesty Policy.

Complaints alleging retaliation may be filed according to the grievance procedure for sex discrimination.

Summary

The State University of New York University (“SUNY”) is committed to maintaining a learning and
workplace environment free from sexual harassment, sex-based harassment and unlawful
discrimination. In its continuing effort to seek equity in education and employment, and in support of
Federal and State anti-discrimination legislation, SUNY has adopted this complaint procedure for the
prompt and equitable investigation and resolution of allegations of unlawful discrimination on the basis
of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military
status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic
violence victim status, criminal conviction, or any other characteristic protected by applicable state or
federal law. Harassment on the basis of the above protected categories is one form of unlawful
discrimination. SUNY will take steps to prevent discrimination and harassment, to prevent the
recurrence of discrimination and harassment, and to remedy its discriminatory effects on the victim(s)
and others, if appropriate. Sex discrimination includes sexual harassment and sexual and interpersonal
violence and may be addressed under this policy or the campus’ Title IX of the Education Amendments
of 1972 (“Title IX”), depending on whether the alleged conduct meets the definition found at 34 C.F.R.
§ 106.2. Retaliation against a person who files a complaint, serves as a witness, or assists or
participates in any manner in this procedure is strictly prohibited and may result in disciplinary action.

Process

Applicability

SUNY’s Discrimination Procedures have three different tracks, and may be used by any student or
employee, applicants for employment, interns, whether paid or unpaid, volunteers, contractors and
persons conducting business with SUNY, as well as other third parties who are participating in a
SUNY-sponsored program or activity. Complaints alleging Title IX Sex-Based Harassment involving
students will be investigated and adjudicated in accordance with the applicable University’s campus
Title IX Grievance Procedure. Employee grievance procedures established through negotiated
contracts, academic grievance procedures, student disciplinary processes, and any other procedures
defined by policy or contract will generally operate independently from this procedure but may be used
to give effect to findings where appropriate. For complaints that do not need to be investigated and
adjudicated in accordance with the University’s Title IX Grievance Procedure for conduct between
students, campuses may always elect to immediately refer allegations at the outset of the process to the
appropriate office (human resources, student conduct, etc.) for resolution in accordance with applicable
campus policies and procedures. Human Resources and/or Employee/Labor Relations must be notified
of complaints involving employees at the onset of the processes described in this procedure.
Furthermore, this procedure does not in any way deprive a complainant of the right to file with
outside enforcement agencies including, without limitation, the New York State Division of Human
Rights (“SDHR”), the Equal Employment Opportunity Commission (“EEOC”), the Office for Civil
Rights of the United States Department of Education (“OCR”), and the Office of Federal Contract
Compliance Programs of the United States Department of Labor (OFCCP).
All campuses must use this procedure unless the campus has made an application for an exception.
Requests for an exception, along with a copy of the requesting campus’s discrimination complaint
procedure, must be filed with the SUNY Office of General Counsel. The request for an exception will
be acted upon by the General Counsel (or their designee) after a review of the campus’s complaint
procedure. The AAO on each University campus and the AAO for the SUNY System Office, who
receives any complaint of alleged discrimination, shall inform the complainant about the complaint
process and other options to resolve the issue, assist the complainant in the use of the complaint form
and understanding the nature of the incident, and provide the complainant with information about
various internal and external mechanisms through which the complaint may be filed, including
applicable time limits for filing with each agency.
All distributed and published versions of this procedure must contain the name or title, office address,
email address, and telephone number of the individual with whom to file a complaint for each campus
location, and for System Administration. 

There are three tracks for procedures based on affiliation of the respondent and of the applicable
law(s):
• Procedures for all non-Title IX Discrimination Complaints, which is contained in SUNY
Procedure 6501, available here: https://www.suny.edu/sunypp/documents.cfm?doc_id=451
• Procedures for all Title IX Discrimination Complaints that Do Not Involve Sex-Based
Harassment and for claims of Title IX Retaliation, available below, and
• Procedures for all Title IX Sex-Based Harassment Complaints involving Employee-Respondents, also available below.

Definitions Applicable to Title IX Sex Discrimination and Sex-Based Harassment

Admission means selection for part-time, full-time, special, associate, transfer, exchange, or any
other enrollment, membership, or matriculation in or at an education program or activity operated
by SUNY.

Campus shall be used for State-Operated campuses and System Administration.

Consent means a knowing, voluntary, and mutual decision among all participants to engage in
sexual activity. Consent can be given by words or actions, as long as those words or actions create
clear permission regarding willingness to engage in the 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.

Complainant means:
(1) a Student or employee who is alleged to have been subjected to conduct that could
constitute sex discrimination or Sex-Based Harassment as defined in these Grievance
Procedure and who was participating or attempting to participate in SUNY’s Education
Program or Activity; or
(2) a person other than a Student or employee who is alleged to have been subjected to
conduct that could constitute sex discrimination or Sex-Based Harassment under these
Grievance Procedures and who was participating or attempting to participate in
SUNY’s Education Program or Activity at the time of the alleged sex discrimination
or Sex-Based Harassment.

Complaint means an oral or written request to SUNY that objectively can be understood as a
request for SUNY to investigate and make a determination about alleged sex discrimination or
Sex-Based Harassment at the institution.

Confidential Employee means:
(1) an employee of SUNY whose communications are privileged under Federal or State
law. The employee’s confidential status is only with respect to information received
while the employee is functioning within the scope of their duties to which privilege or
confidentiality applies;
(2) an employee of SUNY whom the institution has designated as confidential for the
purpose of providing services to persons related to sex discrimination or Sex-Based
Harassment. If the employee also has a duty not associated with providing those
services, the employee’s confidential status is only with respect to information received about sex discrimination or Sex-Based Harassment in connection with providing those
services; or
(3) an employee of SUNY who is conducting an Institutional Review Board-approved
human-subjects research study designed to gather information about sex discrimination
or Sex-Based Harassment. The employee’s confidential status is only with respect to
information received while conducting the study.

Disciplinary Sanctions means consequences imposed on a student Respondent following a
determination under this Grievance Procedure that the Respondent violated SUNY’s prohibition
on sex discrimination or Sex-Based Harassment.

Discrimination on the Basis of Sex Under Title IX means discrimination on the basis of sex, sex
stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender
identity.

Education Program or Activity means any academic, extracurricular, research, occupational
training, or other Education Program or Activity operated by SUNY that receives Federal financial
assistance.

Party means Complainant or Respondent.

Peer Retaliation means Retaliation by a Student against another Student.

Relevant means related to the allegations of sex discrimination and Sex-Based Harassment under
investigation as part of these Grievance Procedures. Questions are Relevant when they seek
evidence that may aid in showing whether the alleged sex discrimination or Sex-Based Harassment
occurred, and evidence is Relevant when it may aid a decisionmaker in determining whether the
alleged sex discrimination or Sex-Based Harassment occurred.

Remedies means measures provided, as appropriate, to a Complainant or any other person SUNY
identifies as having had their equal access to SUNY’s Education Program or Activity limited or
denied by Sex-Based Harassment. These measures are provided to restore or preserve that person’s
access to SUNY’s Education Program or Activity after SUNY determines that sex discrimination
or Sex-Based Harassment occurred.

Respondent means a person who is alleged to have violated SUNY’s prohibition on sex
discrimination Sex-Based Harassment.

Retaliation means intimidation, threats, coercion, or discrimination by any person at SUNY, a
Student, or an employee or other person authorized by SUNY to provide aid, benefit, or service
under SUNY’s Education Program or Activity, for the purpose of interfering with any right or
privileged secured by Title IX, or because the person has reported information, made a Complaint,
testified, assisted or participated or refused to participate in any manner in an investigation under
these Grievance Procedure.

Sex-Based Harassment means sexual harassment and other harassment on the basis of sex,
including harassment because of gender identity, sexual orientation, sex characteristics, sex
stereotypes, and/or pregnancy and other conditions, that is:
(1) Quid pro quo harassment. An employee, agent or other person authorized by SUNY’s
Education Program or Activity explicitly or impliedly conditioning the provision of
such an aid, benefit, or service on a person’s participation in unwelcome sexual
conduct;
(2) Hostile Environment harassment. Unwelcome sex-based conduct that, based on the
totality of the circumstances, is subjectively and objectively offensive and is so severe
or pervasive that it limits or denies a person’s ability to participate in or benefit from
SUNY’s Education Program or Activity (i.e., creates a Hostile Environment). Whether
a Hostile Environment has been created is a fact-specific inquiry that includes
consideration of the following: (i) the degree to which the conduct affected the
Complainant’s ability to access SUNY’s Education Program or Activity; (ii) the type,
frequency, and duration of the conduct; (iii) the Parties’ ages, roles within SUNY’s
Education Program or Activity, previous interactions and other factors about each Party
that may be Relevant to evaluating the effects of the conduct; (iv) the location of the
conduct and the context in which the conduct occurred; and (v) other Sex-Based
Harassment in SUNY’s Education Program or Activity;
(3) Sexual Assault (as defined in the Clery Act, 20 U.S.C. 1092(f)) means any sexual act
directed against another person, without the Consent of the victim, including instances
where the victim is incapable of giving Consent;
(4) Dating Violence (as defined in the Violence Against Women Act (VAWA)
Reauthorization of 2022 and the VAWA Amendments to the Clery Act) means any
violence committed by a person: (A) who is or has been in a social relationship of a
romantic or intimate nature with the victim; and (B) Where the existence of such a
relationship shall be determined based on a consideration of the following factors: (i)
The length of the relationship; (ii)the type of relationship; and (iii) the frequency of
interaction between the persons involved in the relationship.
(5) Domestic Violence means any felony or misdemeanor crime committed by a person
who: (A) is a current or former partner of the victim under the family or Domestic
Violence laws of New York, or a person similarly situated to a spouse of the victim;
(B) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
(C) shared a child in common with the victim; or (D) commits acts against a youth or
adult victim who is protected from those acts under the family or Domestic Violence
laws of New York; or
(6) Stalking means engaging in a course of conduct directed at a specific person that would
cause a reasonable person to: (A) fear for the person’s safety or the safety of others; or
(B) suffer substantial emotional distress.

Student means a person who has gained Admission.

Supportive Measures means individualized measures offered as appropriate, as reasonably
available, without unreasonably burdening a Complainant or Respondent, not for punitive or
disciplinary reasons, and without fee or charge to the Complainant or Respondent to: (1) restore
or preserve that Party’s access to SUNY’s Education Program or Activity, including measured that
are designed to protect the safety of the Parties or SUNY’s educational environment; or (2) provide
support during SUNY’s Grievance Procedures for Sex Discrimination and Sex-Based Harassment. 

Title IX Procedures

I. Provisions Applying to Both Title IX Related Procedures

Effective Date 

These Procedures apply to incidents that occur on or after August 1, 2024. Any incidents reported
under these Procedures that occurred on or before July 31, 2024, will be processed through the
institution’s 2020 Title IX Grievance Policy and other applicable policies at the time when the
reported incident occurred.
Should any portion of the 2024 Title IX Final Rule (89 Fed. Reg. 33474 (Apr. 29, 2024)), be stayed
or held invalid by a court of law, or if the 2024 Title IX Final Rule is withdrawn or modified to
not require elements of these Grievance Procedures, these Grievance Procedures in their entirety,
or the invalidated elements of these Procedures, they will be deemed revoked as of the publication
date of the opinion or order from the Court 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 the date of the opinion or order
publication by the Court. If these Procedures are revoked in this manner, any conduct covered
under these Procedures shall be investigated and adjudicated under the previous 2020 Title IX
Grievance Policy at the local institutional level and/or the local institution’s student Code of
Conduct and/or Sexual Misconduct Policies and/or procedures, as applicable. SUNY will update
these Grievance Procedures as soon as practicable to reflect any court rulings or changes that
invalidate parts of these Grievance Procedures, if applicable.

Scope of Procedures

SUNY has adopted grievance procedures that provide for the prompt and equitable resolution of
sex discrimination and sex-based harassment Complaints made by students, employees, or other
individuals who are participating or attempting to participate in its Education Program or Activity,
or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title
IX regulations.
Sex discrimination, as defined by Title IX, includes discrimination on the basis of sex, sex
stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender
identity. 

Title IX’s prohibition on sex discrimination includes sex-based harassment in the form of quid pro
quo harassment, hostile environment harassment, and four specific offenses (sexual assault, dating
violence, domestic violence, and stalking). For the prompt and equitable resolution of Complaints
of sex-based harassment involving a student Respondent, the institution will utilize the local
institution’s Sex-Based Harassment Grievance Procedure for students and student respondents. 

Jurisdiction of Procedure 

This Procedure applies to all sex discrimination and sex-based harassment involving employee
respondents occurring under SUNY’s Education Program or Activity in the United States.
Conduct that occurs under SUNY’s Education Program or Activity includes but is not limited to
conduct that occurs in a building owned or controlled by a student organization that is officially
recognized by a Campus and conduct that is subject to the Campus’s disciplinary authority.
SUNY has an obligation to address a sex-based hostile environment under its Education Program
or Activity, even when some conduct alleged to be contributing to the hostile environment
occurred outside the recipient’s Education Program or Activity or outside the United States.
In the limited circumstances in which Title IX permits different treatment or separation on the
basis of sex, SUNY must not carry out such different treatment or separation in a manner that
discriminates on the basis of sex by subjecting a person to more than de minimis harm, except as
permitted by law. 

Allegations Potentially Falling Under More Than One Policy or Procedure

If the alleged conduct, if true, includes conduct that would constitute sex discrimination as covered
by these procedures, and/or sex-based harassment complaints against an employee respondent
under these procedures, as well as conduct not covered by these procedures, the Title IX Grievance
Procedures will be applied to investigation and adjudication of only the allegations that constitute
sex discrimination, retaliation and/or sex-based harassment involving employee-respondents
covered under these procedures, and any other conduct will be referred to other appropriate
policies and procedures of the institution for appropriate evaluation, investigation and
determination.

Disability Accommodations 

Generally

These Procedures do not alter any institutional obligations under federal and state 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 Procedures that do not
fundamentally alter the Procedures. 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. 

Supportive Measures

If the Complainant or Respondent discloses a disability, the Title IX Coordinator may consult, as
appropriate, with the campus’s Office for Student Accommodations to provide support to students
with disabilities to determine how to comply with Section 504 of the Rehabilitation Act of 1973
and/or other applicable laws in the implementation of any supportive measures. In the case of
employees, the Title IX Coordinator will work with SUNY’s Office of Human Resources to
provide appropriate reasonable accommodations as necessary under employment laws.

Reporting Sex Discrimination to the Institution

Complaints
Complaints may be submitted in person, by mail, by telephone, or by electronic mail, 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.

The campus will display the contact information for their Title IX Coordinator directly on their
website and in their local procedures, if any, which will include the Title IX Coordinator’s name,
title, office address, email address, and telephone number, as demonstrated below: 

Name: Lisa Miles-Boyce
Title: Chief Diversity Officer/Title IX Coordinator
Office Address: Student Services Building
Email Address: lisa.milesboyce@purchase.edu
Telephone Number: 914-251-5992

The following people have a right to make a Complaint of Sex Discrimination, including Complaints of sex-based harassment, requesting that SUNY investigate and make a determination about alleged discrimination under Title IX:

• A “Complainant,” which includes: a student or employee of SUNY who is alleged to
  have been subjected to conduct that could constitute sex discrimination under Title IX;
  or
•  A person other than a student or employee of SUNY who is alleged to have been
  subjected to conduct that could constitute sex discrimination under Title IX at a time
  when that individual was participating or attempting to participate in SUNY Education
  Program or Activity;
• A parent, guardian, or other authorized legal representative with the legal right to act
  on behalf of a Complainant; or SUNY Title IX Coordinator.

With respect to Complaints of Sex Discrimination Other than Sex-Based Harassment, in addition
to the people listed above, the following persons have a right to make a Complaint:

• Any student or employee of SUNY; or
• Any person other than a student or employee who was participating or attempting to
  participate in SUNY’s Education Program or Activity at the time of the alleged sex
  discrimination.

Types of Complaints that may be addressed under these Grievance Procedures include, but are not
limited to, sex discrimination other than sex-based harassment, such as:

•  Complaints of retaliation;
• Complaints of sex discrimination that do not involve sex-based harassment;
•  Complaints regarding failure to make reasonable modifications to policies, practices or
  procedures as necessary to ensure equal access and prevent sex discrimination on the
  basis of parental, family or marital status, including pregnancy or related conditions;
  or
•  Complaints that SUNY’s policies or procedures discriminate on the basis of sex.

Title IX Coordinator Initiated Complaints: In the absence of a Complaint or the withdrawal of any
or all of the allegations in a Complaint, and in the absence or termination of an informal resolution
process, the Title IX Coordinator must determine whether to initiate a Complaint of sex-based
harassment. This determination is fact-specific, and the Title IX Coordinator must consider:

• The Complainant’s request not to proceed with the initiation of a Complaint;
• The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
• The risk that additional acts of sex-based harassment would occur if a Complaint were not
  initiated;
•  The severity of the alleged sex-based harassment, including whether the sex-based
  harassment, if established, would require the removal of a Respondent from campus or
  imposition of another disciplinary sanction to end the sex-based harassment and prevent
  its recurrence;
•  The age and relationship of the Parties, including whether the Respondent is an employee
  of the recipient;
•  The scope of the alleged sex-based harassment, including information suggesting a pattern,
  ongoing sex-based harassment, or sex-based harassment alleged to have impacted multiple
  individuals;
•  The availability of evidence to assist a decisionmaker in determining whether sex-based
  harassment occurred; and
• Whether SUNY could end the alleged sex-based harassment and prevent its recurrence
  without initiating these grievance procedures.

If after considering these and other relevant factors, the Title IX Coordinator determines that the
conduct as alleged presents as an imminent and serious threat to the health or safety of the
Complainant or other person, or that the conduct as alleged prevents SUNY from ensuring equal
access on the basis of sex to its Education Program or Activity, the Title IX Coordinator may
initiate a Complaint.

If the Title IX Coordinator does initiate the Complaint after making this determination, the Title IX Coordinator must notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including by providing supportive measures.

Confidential Reports

The following officials at SUNY Campuses will provide privacy, but not confidentiality, upon
receiving a report of conduct prohibited by Title IX:

• Title IX Coordinator or designee(s);
•  Officials with Authority to institute corrective measures under Title IX;
• All employees not designated as confidential under the Procedures.

The following officials at SUNY Campuses may provide confidentiality:

•  Counselors at the Psychological Counseling Center on campus;
• Employees in the Student Health Center;
• Others that may be designated by the institution on the local level in accordance with
  the applicable definitions.

Is there a particular format that the Complaint needs to be in?

A Complaint can be an oral or written request to a Campus that objectively can be understood as
a request for the Campus to investigate and make a determination about alleged Sex
Discrimination, Sex-Based Harassment and/or retaliation under Title IX at the institution.
Who can I report a Complaint to?

Any reports of Sex Discrimination or Sex-Based Harassment or Retaliation under Title IX may be
made directly to the Title IX Coordinator, whose contact information is listed in these Grievance
Procedures. There are other ways in which a Party may report a Complaint.

SUNY requires that any employee who is not a Confidential Employee and who either has
authority to institute corrective measures on behalf of the campus or has responsibility for
administrative leadership, teaching, or advising in SUNY’s education program or activity must
notify the Title IX Coordinator when the employee has information about conduct that reasonably
may constitute sex discrimination, including Sex-Based Harassment.

All other SUNY employees who are not Confidential Employees and are not employees as
identified above are required to notify the Title IX Coordinator when the employee has information
about conduct that reasonably may constitute sex-discrimination, including Sex-Based
Harassment.

Note: If an employee has personally been subject to conduct that reasonably may constitute sex
discrimination or sex-based harassment under Title IX or any institutional policy or these
Grievance Procedures, these requirements do not apply to an employee reporting a personal
Complaint.

What is the timeframe for a Campus to evaluate if the Title IX Coordinator is initiating an
investigation under this Grievance Procedure?

The Title IX Coordinator must evaluate whether the Complaint falls under these Grievance
Procedures within seven (7) business days after the Complaint is made and must issue the Notice
of Allegations as soon as practicable after the Complaint is evaluated. If there are any delays or
extensions, the Title IX Coordinator must appropriately notice the Parties in writing, on a case-bycase basis, with good cause and the rationale for the extension or delay.

Can I make a Complaint and request initiation of these Grievance Procedures even if I have made
a complaint to law enforcement?
Yes. A Campus has an obligation to appropriately evaluate all Complaints, regardless of whether
there is a concurrent Complaint before law enforcement. This process is an administrative process
that is different from the criminal justice process.

Multi-Party Situations and Consolidation of Complaints

A Campus may consolidate Complaints alleging sex discrimination, Sex-Based Harassment and/or
Retaliation 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 sex
discrimination, Sex-Based Harassment or retaliation arise out of the same facts or circumstances.
When more than one Complainant or more than one Respondent is involved, references below to
a Party, Complainant, or Respondent include the plural, as applicable.
SUNY can consider factors when making this fact-specific determination, which include, but are
not limited to:

• The facts and circumstances of the particular Complaints when deciding whether to
  consolidate, including the toll of separate proceedings on the Parties; and
•  Any risks to the fairness of the investigation or outcome.

Supportive and Interim Measures

Providing Supportive Measures

Complainants who report allegations of sex discrimination, sex-based harassment and/or
retaliation have the right to receive supportive measures from a Campus regardless of whether
they file a Complaint. Supportive measures are non-disciplinary and non-punitive. Supportive
measures may vary depending upon what is reasonably available at a Campus.

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

• Counseling services;
• Extensions of deadlines or other course-related adjustments;
• Modifications of work or class schedules;
•  Campus escort services, as available;
• Restrictions on contact applied to one or more Parties (no contact orders)
• changes in class, work, housing, or extracurricular or any other activity,
  regardless of whether there is or is not a comparable alternative;
• Leaves of absence;
•  Increased security and monitoring of certain areas of the campus; or
• Training and education programs related to sex-based harassment.

Supportive measures must not unreasonably burden either Party and must be designed to protect
the safety of the Parties or SUNY’s educational environment, or to provide support during a
Campus’s grievance procedures.

The Campus may modify or terminate supportive measures at the conclusion of grievance
procedures or may continue them beyond that point within its discretion.

The Campus will not disclose information about any supportive measures to persons other than
the person to whom they apply, including informing one Party of supportive measures provided to
another Party, unless necessary to provide the supportive measure or restore or preserve a Party’s
access to SUNY’s Education Program or Activity, or there is an exception that applies, including,
without limitation:

• The Campus has obtained prior written consent from a person with the legal right to
  consent to the disclosure;
• When the information is disclosed to an appropriate third-party with the legal right to
  receive disclosures on behalf of the person whose personally identifiable information is at
  issue;
•  To carry out the purpose of the policy when it is necessary to address conduct that
  reasonably may constitute sex discrimination, sex-based harassment, and/or retaliation
  under Title IX in SUNY’s Education Program or Activity;
•  As required by Federal law, federal regulations, or the terms and conditions of a federal
  award; or
•  To the extent such disclosures are not otherwise in conflict with Title IX, when required
  by State or local law, or when permitted under the Family Educational Rights and
  Privacy Act (FERPA) (20 U.S.C. 1232g, or its implementing regulations, 34 CFR Part
  99).

Process for Review of Supportive Measures

SUNY provides for a Complainant or Respondent to seek modification or reversal of its decision
to provide, deny, modify or terminate a supportive measure.

This review will be done by an impartial employee of the Campus, who did not make the
challenged decision on the original supportive measure request. The impartial employee of who
makes this determination will have the authority to modify or reverse the decision if that impartial
employee determines that the decision to provide, deny, modify or terminate the supportive
measure was inconsistent with the procedure as outlined above for providing supportive measures
in accordance with the Title IX regulations. 

Parties are only allowed to challenge their own individual supportive measures. Challenges by one
Party will not be heard to supportive measures afforded to the opposite Party, unless that supportive
measure directly impacts the Party making such challenge (e.g., two-way no contact orders).

Emergency Removal

SUNY retains the authority to remove a Respondent from its Education Program or Activity on an
emergency basis, where the Campus (1) undertakes an individualized safety and risk analysis, and
(2) determines that an imminent and serious threat to the health or safety of a Complainant or any
students, employees, or other persons arising from the allegations of sex discrimination, sex-based
harassment and/or retaliation justifies removal. For any SUNY employee, this will be consistent
with current Human Resource policy or practice and provisions of any applicable collective
bargaining agreement.

The Campus will provide the Respondent with notice and an opportunity to challenge the decision
immediately following the removal. The Respondent must provide any challenge to the Campus
within 2 business days of receipt of the emergency removal, in writing. The Campus will hear the
challenge within 3 business days of receipt of the challenge to the emergency removal. SUNY will
issue a decision within 2 business days of hearing the challenge.

Note: The individual who hears the challenge to the removal determination should not be involved
in any decision regarding responsibility or appeal of that decision regarding responsibility.

Administrative Leave or Alternate Assignment

SUNY retains the authority to place a non-student employee Respondent on alternate assignment
during the Title IX Grievance Procedures, consistent with current Human Resource policy or
practice and the applicable collective bargaining agreement.

Note on Student employees and Sex-Based Harassment: when a Complainant or Respondent is
both a student and an employee of SUNY, the Campus must make a fact-specific inquiry to
determine whether these procedures apply to that student employee. If the Complainant or
Respondent’s primary relationship with SUNY is to receive an education and whether the alleged
sex-based harassment occurred while the Party was performing employment-related work.

Dismissal of a Complaint

Bases for Dismissal

A Campus may dismiss a Complaint of sex discrimination for any of the following reasons:

• The Campus is unable to identify the Respondent after taking reasonable steps to do so;
• The Respondent is not participating in SUNY’s Education Program or Activity and is not
  employed by the Campus; 
• The Complainant voluntarily withdraws any or all of the allegations in the Complaint, the
  Title IX Coordinator declines to initiate a Complaint under the bases described in these
  procedures, and the Campus determines that, without the Complainant’s withdrawn
  allegations, the conduct that remains alleged in the Complaint, if any, would not constitute
  sex discrimination, sex-based harassment, and/or retaliation under Title IX or these
  grievance procedures even if proven; or
•  The Campus determines that the conduct alleged in the Complaint, even if proven, would
  not constitute sex discrimination, sex-based harassment, and/or retaliation under Title IX
  or these procedures. Note: the Campus must make reasonable efforts to clarify the
  allegations with the Complainant before dismissing under this basis.

Notice of Dismissal

Upon dismissal, the Campus will promptly notify the Complainant of the basis for the dismissal. If
the dismissal occurs after the Respondent has been notified of the allegations, then SUNY will also
notify the Respondent of the dismissal and the basis for the dismissal promptly following
notification to the Complainant, or simultaneously if notification is in writing.

The Campus will notify the Complainant that a dismissal may be appealed and will provide the
Complainant with an opportunity to appeal the dismissal of a Complaint. If the dismissal occurs after
the Respondent has been notified of the allegations, then the Campus will also notify the Respondent
that the dismissal may be appealed. Dismissals may be appealed on the following bases:

• Procedural irregularity that would change the outcome;
•  New evidence that would change the outcome and that was not reasonably available when
  the dismissal was made; and
• The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for
  or against Complainants or Respondents generally or the individual Complainant or
  Respondent that would change the outcome.

Appeal rights must also be outlined in any notification of dismissal of a Complaint, as outlined
below.

Appeal of Dismissals and Determinations

SUNY offers the following process for appeals from a dismissal of a complaint or a determination
whether sex discrimination, sex-based harassment and/or retaliation occurred:

A. If the dismissal of a complaint or determination is appealed, the Campus will:

•  Notify the Parties of any appeal, including notice of the allegations, if notice was not
  previously provided to the Respondent;
•  Implement appeal procedures equally for the Parties;
•  Ensure that the decisionmaker for the appeal did not take part in an investigation of the
  allegations or dismissal of the Complaint;
• Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX
  regulations;
•  Provide the Parties a reasonable and equal opportunity to make a statement in support of,
  or challenging, the outcome; and
•  Notify the Parties of the result of the appeal and the rationale for the result.

B. When a Complaint is dismissed, the Campus will, at a minimum:

• Offer supportive measures to the Complainant as appropriate.
• If the Respondent has been notified of the allegations, offer supportive measures to the
  Respondent as appropriate; and
• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to
  ensure that sex discrimination does not continue or recur within SUNY’s Education
  Program or Activity.

The submission of appeal stays (or pauses) any sanctions for the pendency (or duration while the
appeal is being deliberated and decided upon) of an appeal. Supportive measures and remote
learning opportunities remain available during the pendency of the appeal.

If a Party appeals, the Campus 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 the local institution’s appeal decisionmaker or decision-making body,
who will be free of conflict of interest and bias, and will not serve as investigator, Title IX
Coordinator, or hearing decisionmaker in the same matter.

The outcome of the appeal will be provided in writing simultaneously to both Parties and include
rationale for the decision. Decisions relating to an appeal shall take up to fourteen (14) business
days from the date of submission of the appeal. The determination of the Appeal Decision-making
Body is final.

Evidence and Evidentiary Standards

Standard of Proof

SUNY uses the preponderance of the evidence standard of proof to determine whether or not sex
discrimination, Sex-Based Harassment or retaliation occurred. This means that the investigation
and hearing determine whether it is more likely than not that alleged sex discrimination, sex-based
harassment, and/or retaliation occurred.

Relevant Evidence

Evidence is Relevant when it is related to the allegations of sex discrimination, Sex-Based
Harassment or retaliation under investigation as part of this Grievance Procedure. 

Questions are Relevant when they seek evidence that may aid in showing whether the alleged sex
discrimination, Sex-Based Harassment or retaliation occurred, and evidence is Relevant when it
may aid a decisionmaker in determining whether the alleged sex discrimination, Sex-Based
Harassment or retaliation occurred.

Relevant but Always Impermissible Evidence

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will
not be accessed or considered, except by SUNY to determine whether one of the exceptions listed
below applies; will not be disclosed; and will not otherwise be used), regardless of whether they
are relevant:

• Evidence that is protected under a privilege recognized by Federal or State law or evidence
  provided to a confidential employee, unless the person to whom the privilege or
  confidentiality is owed has voluntarily waived the privilege or confidentiality;
• A Party’s or witness’s records that are made or maintained by a physician, psychologist,
  or other recognized professional or paraprofessional in connection with the provision of
  treatment to the Party or witness, unless the Campus obtains that Party’s or witness’s
  voluntary, written consent for use in its grievance procedure; and
•  Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless
  evidence about the Complainant’s prior sexual conduct is offered to prove that someone
  other than the Respondent committed the alleged conduct or is evidence about specific
  incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to
  prove consent to the alleged sex discrimination or sex-based harassment. The fact of prior
  consensual sexual conduct between the Complainant and Respondent does not by itself
  demonstrate or imply the Complainant’s consent to the alleged sex discrimination or sexbased harassment or preclude determination that sex discrimination or sex-based
  harassment occurred.

Retaliation

SUNY prohibits retaliation, including peer retaliation, in its Education Program or Activity. 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 SUNY’s Grievance
Procedures.

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 Sex-Based Harassment, but that arise from the same facts or circumstances
as a report or Complaint of sex discrimination or a report or Complaint of Sex-Based Harassment.

Upon receiving a Complaint alleging retaliation or upon receiving information about conduct that
reasonably may constitute retaliation under Title IX, the Campus will initiate the appropriate
grievance procedure.

The Campus 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 Complaint of Sex-Based Harassment or sex discrimination under SUNY or the Campus’s Title
IX Grievance Procedure, 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 SUNY’s Title IX Grievance Procedure.

II. Track 1: The Title IX Grievance Procedure for Sex Discrimination Other than Sex-Based
Harassment for Students and Employees, Title IX Retaliation for Students and
Employees, and Sex-Based Harassment Occurring Between Employees

Basic Requirements

a) Equitable Treatment: SUNY will treat Complainants and Respondents equitably.

b) Conflicts and Bias: SUNY requires that any Title IX Coordinator, investigator, or
decisionmaker not have a conflict of interest or bias for or against Complainants or
Respondents generally or an individual Complainant or Respondent. A decisionmaker may be
the same person as the Title IX Coordinator or investigator.

c) Presumption: SUNY presumes that the Respondent is not responsible for the alleged sex
discrimination until a determination is made at the conclusion of its Grievance Procedure.

d) Reasonably Prompt Timeframes: SUNY has established timeframes for the major stages of the
grievance procedures: Evaluation (i.e., the decision whether to dismiss or investigate a
Complaint shall take up to seven (7) business days; investigation shall take up to forty-five
(45) business days; determination shall take up to fourteen (14) business days; and appeal shall
take up to fourteen (14) business days.

e) Extensions: SUNY has also established the following process that allows for the reasonable
extension of timeframes on a case-by-case basis for good cause with notice to the Parties that
includes the reason for the delay. Any delay will be provided to both parties in writing.

f) Privacy: SUNY will take reasonable steps to protect the privacy of the Parties and witnesses
during its grievance procedure. These steps will not restrict the ability of the Parties to obtain
and present evidence, including by speaking to witnesses; consult with their family members,
confidential resources, or advisors; or otherwise prepare for or participate in the grievance
procedure. The Parties cannot engage in retaliation, including against witnesses.

g) Objectivity: SUNY will objectively evaluate all evidence that is relevant and not otherwise
impermissible including both inculpatory and exculpatory evidence. Credibility
determinations will not be based on a person’s status as a Complainant, Respondent, or witness.

h) Impermissible Evidence: Impermissible evidence, and questions seeking that evidence, are not
allowed under the 2024 Title IX regulations (i.e., will not be accessed or considered, except by
SUNY to determine whether one of the exceptions listed below applies; will not be disclosed;
and will not otherwise be used), regardless of whether they are relevant.

Written Notice of Allegations

Upon initiation of SUNY’s Title IX grievance procedures, SUNY will notify the Parties of the
following:

• SUNY’s Title IX grievance procedure;
• Sufficient information available at the time to allow the Parties to respond to the
  allegations, including the identities of the Parties involved in the incident(s), the conduct
  alleged to constitute sex discrimination, sex-based harassment, and/or retaliation, and the
  date(s) and location(s) of the alleged incident(s);
• That Retaliation is prohibited; and
• The Parties are entitled to an equal opportunity to access an accurate description of this
  evidence. The Parties are entitled to an equal opportunity to access the relevant and not
  otherwise impermissible evidence upon the request of any Party.

If, in the course of an investigation, SUNY decides to investigate additional allegations of sex
discrimination by the Respondent toward the Complainant that are not included in the notice
provided or that are included in a Complaint that is consolidated, SUNY will notify the Parties of
the additional allegations.

Investigation

SUNY will provide for adequate, reliable, and impartial investigation of Complaints. The burden
is on the Campus—not on the Parties—to conduct an investigation that gathers sufficient evidence
to determine whether sex discrimination occurred.

The Campus will provide an equal opportunity for the Parties to present fact witnesses and other
inculpatory and exculpatory evidence that is relevant and not otherwise impermissible.

The Campus will review all evidence gathered through the investigation and determine what
evidence is relevant and what evidence is impermissible regardless of relevance.

The Campus will provide an equal opportunity to access an accurate description of this evidence
to each Party in the form of an investigative report. The Campus will also provide the Parties with an equal opportunity to access the relevant and not otherwise impermissible underlying evidence
in the Investigative Report, upon the request of any Party.

The Title IX Coordinator and/or investigator designated by the Title IX Coordinator and the
Human Resources Officer and/or their designee, will provide each Party and their advisors of
choice with a reasonable opportunity to respond to the investigative report. Both Parties will have
the opportunity to respond to the investigative report prior to a decision.

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

The Campus will take reasonable steps to prevent and address the Parties’ unauthorized disclosure
of information and evidence obtained solely through the grievance procedures. Disclosures of such
information and evidence for purposes of administrative proceedings or litigation related to the
Complaint of sex discrimination are authorized.

Questioning Parties and Witnesses to Aid in Evaluating Allegations and Assessing Credibility

When a Party or witness’s credibility is in dispute, and such dispute is relevant to evaluating one
or more allegations of sex discrimination, the investigator and/or decisionmaker must have an
opportunity to question any party or witness whose credibility is in dispute in a live meeting.

The investigator/decisionmaker will question Parties and witnesses to adequately assess a Party’s
or witness’s credibility to the extent credibility is both in dispute and Relevant to evaluating one
or more allegations of sex discrimination. This will occur during individual meetings with a Party
or witness.

Any questioning of the Respondent that is a SUNY employee will occur in conjunction with
Human Resources or employee/labor relations office and consistent with the applicable collective
bargaining agreement.

Determination Regarding Responsibility

Following an investigation and evaluation of all relevant and not otherwise impermissible
evidence, the Campus will:

• Use the preponderance of the evidence standard of proof to determine whether sex
  discrimination occurred. The standard of proof requires the decisionmaker to evaluate
  relevant and not otherwise impermissible evidence for its persuasiveness. If the
  decisionmaker is not persuaded by the evidence, under the applicable standard, that sex
  discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will
  not determine that sex discrimination occurred. 
•  Notify the Parties in writing of the determination whether sex discrimination occurred
  under Title IX, including the rationale for such determination, and the procedures and
  permissible bases for the Complainant and Respondent to appeal, if applicable;
•  Not impose discipline on a Respondent for sex discrimination prohibited by Title IX unless
  there is a determination at the conclusion of the grievance procedure that the Respondent
  engaged in prohibited sex discrimination.
•  If there is a determination that sex discrimination occurred, the Title IX Coordinator will,
  as appropriate:

o Coordinate the provision and implementation of remedies to a Complainant and
other people the Campus identifies as having had equal access to SUNY’s
Education Program or Activity limited or denied by sex discrimination, sex-based
harassment, or retaliation;

o Coordinate the imposition of any disciplinary sanctions on a Student Respondent,
including notification to the Complainant of any such disciplinary sanctions; and

o Take other appropriate prompt and effective steps to ensure that sex discrimination
does not continue or recur within SUNY’s Education Program or Activity.

• Comply with the grievance procedure before the imposition of any disciplinary sanctions against a student Respondent; and
• Not discipline a Party, witness, or others participating in the grievance procedure for
  making a false statement or for engaging in consensual sexual conduct based solely on
  the determination whether sex discrimination occurred.
•  Additionally, for employees both not in a collective bargaining unit and in a collective
  bargaining unit, discipline will not be communicated in this determination. This
  determination will only include the finding and referral to the president or designee for
  further disciplinary action under the appropriate Human Resources policies and/or
  procedures and applicable collective bargaining agreements.

o For employees (including student employees) not in a collective bargaining unit: The
president or designee may take such administrative action as they deem appropriate
under their authority as the chief administrative officer of the college, including but
not limited to, termination, demotion, reassignment, suspension, reprimand, or
training.
o For employees in collective bargaining units: The president or designee may
determine that sufficient information exists to refer the matter to their designee for
disciplinary action, or other action as may be appropriate under the applicable
collective bargaining agreement. Potential outcomes may include a reprimand,
suspension, termination, training, fine, demotion, or informal or formal counseling.

III. Track 2: Procedure for Sex-Based Harassment Complaints by Student Complainants
Against Employee-Respondents

Basic Requirements of the Grievance Procedure

The Campus is required to:

• Treat Complainants and Respondents equitably;
•  Ensure that any person designated by the Campus as a Title IX Coordinator, investigator,
  or decisionmaker does not have a conflict of interest or bias for or against Complainants or
  Respondents generally or an individual Complainant or Respondent;
•  Establish reasonably prompt timeframes for the major stages of this Grievance Procedure,
  including a process that allows for the reasonable extension of timeframes on a case-bycase basis for good cause with notice to the Parties that includes the reason for the delay;

o Reasonably Prompt Timeframes: SUNY has established timeframes for the major
stages of this track of the grievance procedure: Evaluation (i.e., the decision
whether to dismiss or investigate a Complaint shall take up to seven (7) business
days; investigation shall take up to forty-five (45) business days; determination
shall take up to fourteen (14) business days; and appeal shall take up to fourteen
(14) business days.

• Ensure that reasonable steps to protect the privacy of the Parties and witnesses during the
  pendency of the Grievance Procedure are taken, provided that the steps do not restrict the
  abilities of the Parties to obtain and present evidence, including by speaking to witnesses
  (as long as such does not result in Retaliation), consult with their family members,
  confidential resources, or advisors, or otherwise prepare for or participate in this Grievance
  Procedure;
• Ensure an objective evaluation of all evidence that is Relevant and not otherwise
  impermissible under these procedures, including both inculpatory and exculpatory
  evidence, and provide that credibility determinations must not be based on a person’s status
  as a Complainant, Respondent or Witness;
• Exclude impermissible evidence from consideration as defined in the Grievance Procedure;
  and
•  Clearly articulate principles for how SUNY will determine which policies and procedures
  apply if not all such Complaints are handled under this institutional Grievance Procedure.

Note: The decisionmaker may be the same person as the Title IX Coordinator or investigator as
allowed by the 2024 Title IX Regulations; no inference of bias or conflict of interest can be drawn
solely because the decisionmaker is the same person as the Title IX Coordinator or investigator in
a case.

Note on Student employees: when a Complainant or Respondent is both a Student and an
employee of the Campus, the Campus must make a fact-specific inquiry to determine whether
these procedures apply to that Student employee. The Campus will consider if the Complainant or
Respondent’s primary relationship with the Campus is to receive an education and whether the
alleged Sex-Based Harassment occurred while the Party was performing employment-related
work. 

Written Notice of Allegations

Upon initiating SUNY Grievance Procedure, the Title IX Coordinator shall provide a Notice of
Allegations in writing to the Parties whose identities are known. SUNY will provide a Notice of
Allegation up to seven (7) business days after it receives a Complaint, if there are no extenuating
circumstances.

What does the Notice of Allegations Include?

The written Notice of Allegations must include:

• The Campus’s Grievance Procedure;
• Sufficient information available at the time of the issuance of the Notice of Allegations to
  allow the Parties to respond to the allegations, which includes the identities of the Parties
  involved in the incident(s), the conduct alleged to constitute Sex-Based Harassment under
  the Grievance Procedure, and the date(s) and location(s) of the alleged incident(s), to the
  extent that information is available to the Campus;
• A statement that the Parties are entitled to an accurate description of the Relevant and not
  otherwise impermissible evidence, with an equal opportunity for the Parties to access the
  underlying Relevant and not otherwise impermissible evidence upon request of any Party;
•  A statement that the Respondent is presumed not responsible for the alleged Sex-Based
  Harassment until a determination is made at the conclusion of the Campus’s Grievance
  Procedure and that prior to the determination, the Parties will have an opportunity to
  present Relevant and not otherwise impermissible evidence to a trained, impartial
  investigator/decisionmaker;
•  Parties may have an advisor of their choice, and that the advisor may be, but is not required
  to be, an attorney;
• The Campus’s Student Code of Conduct and applicable policies for employees that prohibit
  knowingly making false statements or knowingly submitting false information during the
  Campus’s Grievance Procedure; and
•  If, in the course of an investigation, the Campus decides to investigate additional
  allegations of Sex-Based Harassment by the Respondent toward the Complainant that are
  not included in the original written Notice of Allegations provided, the Campus is required
  to provide written notice of any additional allegations to the Parties whose identities are
  known.

What if the Campus decides to investigate additional allegations of Sex-Based Harassment?

If, in the course of an investigation, the Campus decides to investigation additional allegations of
Sex-Based Harassment by the Respondent toward the Complainant that are not included in the
original issued written Notice of Allegations, or that are included in a Complaint that is
consolidated under this Grievance Procedure, the Campus shall provide notice of the additional
allegations to the Parties whose identities are known.

What if I have safety concerns about a Notice of Allegations being issued to a Respondent?

To the extent that the Campus has reasonable concerns for the safety of any person as a result of
providing a written Notice of Allegations, the Campus, through the Title IX Coordinator (or
designee), may reasonably delay providing the written Notice of Allegations in order to address
the safety concern appropriately. Reasonable concerns must be based on individualized safety and
risk analysis and not on mere speculation or stereotypes.

Advisor of Choice and Participation of Advisor of Choice

A Party’s advisor of choice may accompany the Party to any meeting or proceeding, and that the
Campus cannot limit the choice of who that advisor may be or their presence for the Parties in any
meeting or proceeding. For employees in applicable collective bargaining units, the advisor of
choice may also be such employee’s union representative.

Investigation

General Rules of Investigations

The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator, in
conjunction with the designee from Human Resources, will perform an investigation of the
conduct alleged to constitute Sex-Based Harassment in a reasonably prompt timeframe, after
issuing the Notice of Allegations.

The Campus, and not the Parties, has the burden to conduct an investigation that gathers sufficient
evidence to determine whether Sex-Based Harassment occurred under this Grievance Procedure.
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 the investigation or hearing. This does not
shift the burden of proof away from the Campus and does not indicate responsibility.

The Campus cannot access, consider, or disclose medical records without a waiver from the Party
(or parent, if applicable) to whom the records belong, or of whom the records include information.
The Campus will provide an equal opportunity for the Parties to present witnesses, including fact
and expert witnesses, and other inculpatory or exculpatory evidence, as described below.

Any questioning of the Respondent that is a Campus employee will occur in conjunction with
Human Resources or employee/labor relations office and consistent with any applicable collective
bargaining agreement.

Notice of participation

The Campus will provide written notice of the date, time, location, participants, and purpose of
all meetings or proceedings with sufficient time for the Party to prepare to participate, if a Party
is invited or expected to participate in any such meeting or proceeding.

Advisors of Choice and Participation of Advisors of Choice 

The Campus will provide the Parties with the same opportunities to be accompanied to any
meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an
attorney, and not limit the choice or presence of the advisor for the Complainant or Respondent
in any meeting or proceeding.

Access to and Review of the Investigative Report

The Title IX Coordinator and/or investigator designated by the Title IX Coordinator and the
Human Resources officer and/or their designee, will provide each Party and their advisors of
choice with an equal opportunity to access and review an accurate description of the Relevant
evidence collected throughout the investigation that is not otherwise impermissible in the form of
an investigative report.

The Parties and their advisors of choice will also have an equal opportunity to access and review
the underlying Relevant and not otherwise impermissible evidence summarized in the investigative
report upon the request of any Party.

The Title IX Coordinator and/or investigator designated by the Title IX Coordinator and the
Human Resources officer and/or their designee, will provide each Party and their advisors of
choice with a reasonable opportunity to respond to the investigative report.

The Campus will take reasonable steps to prevent and address the Parties’ and their advisors of
choice’s unauthorized disclosure of information and evidence obtained solely through this
Grievance Procedure. Participating individuals who engage in the unauthorized disclosure of
information and evidence obtained solely through this Grievance Procedure may be subject to the
Campus’s institution’s Student Code of Conduct, if applicable, and other SUNY or Campus
policies and/or procedures that may apply.

Review and Access to Relevant and Not Otherwise Impermissible Evidence

Each Party will have an equal opportunity to suggest fact witnesses and other inculpatory and
exculpatory evidence that are Relevant and not otherwise impermissible, to the Title IX
Coordinator and/or an investigator designated by the Title IX Coordinator and designee from
Human Resources through the investigative process. The Title IX Coordinator and/or investigator
designated by the Title IX Coordinator will review all evidence gathered through the investigation
and determine what evidence is Relevant and what evidence is impermissible regardless of
relevance, consistent with this Grievance Procedure.

SUNY will take reasonable steps to prevent and address the Parties’ unauthorized disclosure of
information and evidence obtained solely through this Grievance Procedure. Participating
individuals who engage in the unauthorized disclosure of information and evidence obtained solely
through this Grievance Procedure may be subject to the Campus Student Code of Conduct and
other SUNY and Campus policies and/or procedures that may apply.

SUNY does not provide for a live hearing under this Grievance Procedure. However, Title IX requires that there be live questioning to assess a Party’s or witness’s credibility to the extent  credibility is both in dispute and Relevant to evaluating one or more allegations of Sex-Based Harassment.

The investigator/decisionmaker will question Parties and witnesses to adequately assess a Party’s
or witness’s credibility to the extent credibility is both in dispute and Relevant to evaluating one
or more allegations of Sex-Based Harassment. This will occur during individual meetings with a
Party or witness.

Each Party shall have the opportunity to propose questions that the Party wants asked of any Party
or witness and have those questions asked by the investigator/decisionmaker during one or more
individual meetings, including follow-up meetings, with a Party or witness, subject to the
appropriate procedures outlined below regarding the decisionmaker’s advance evaluation of all
questions. Each Party will be provided with an audio or audiovisual recording or transcript with
enough time for the Party to have a reasonable opportunity to propose follow-up questions.

Timeframes

An investigation shall take up to forty-five (45) business days to complete. If there are any delays
or extensions, the Title IX Coordinator (or designee) will appropriately notice the Parties in
writing, as detailed below.

Extensions and Delays

SUNY allows for the reasonable extension of timeframes on a case-by-case basis for good cause
with written notice to the Parties that includes the reason for the extension or delay.

Determination Regarding Responsibility

General Considerations for Evaluating Evidence and Testimony

The decisionmaker is required to evaluate Relevant and not otherwise impermissible evidence for
its persuasiveness and whether it meets the standard of proof of preponderance of the evidence. If
the decisionmaker is not persuaded under the applicable standard by the evidence that Sex-Based
Harassment occurred, whatever the quantity of the evidence is, the decisionmaker must not
determine that Sex-Based Harassment occurred.

Determinations regarding responsibility may be based in part, or entirely, on documentary,
audiovisual, and digital evidence, as warranted in the reasoned judgment of the decisionmaker.
Decisionmakers 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. However, 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.

Communication of the Determination in Writing

All determinations on whether Sex-Based Harassment occurred will be communicated to the
Parties in writing, simultaneously.

The written determination will include:

• A description of the alleged Sex-Based Harassment;
•  Information about the policies and procedures that SUNY used to evaluate the allegations;
•  The decisionmaker’s evaluation of the Relevant evidence and determination on whether
  Sex-Based Harassment occurred;
•  Whether Remedies other than the imposition of Disciplinary Sanctions will be provided by
  the Campus to the Complainant, and, to the extent appropriate, other Students identified by
  the Campus to be experiencing the effects of Sex-Based Harassment, if there is a finding
  that Sex-Based Harassment occurred; and
•  The Campus’s procedures for Complainant and Respondent to appeal.

Timeline of Determination Regarding Responsibility

If there are no extenuating circumstances, the determination regarding responsibility will be issued
by the Campus up to fourteen (14) business days of the completion of the investigation.

Finality of Determination

The determination regarding responsibility becomes final either on the date that the Campus
provides the Parties with the written determination of the result of any appeal, or, if no Party
appeals, the date on which an appeal would no longer be considered timely.

Referral to Human Resources for Further Disciplinary Action

•  For employees (including student employees) not in a collective bargaining unit: The
  president or designee may take such administrative action as they deem appropriate under
  their authority as the chief administrative officer of the college, including but not limited
  to, termination, demotion, reassignment, suspension, reprimand, or training. 
• For employees in collective bargaining units: The president or designee may determine
  that sufficient information exists to refer the matter to their designee for disciplinary
  action, or other action as may be appropriate under the applicable collective bargaining
  agreement. The potential outcomes may include a reprimand, suspension, termination,
  training, fine, demotion, or informal or formal counseling. 

Forms

Form A -  - Charge of Discrimination
Form B - Template for Memorandum Outlining Mutual Agreement Between Parties 

Related Procedures

SUNY Policies on Sexual Violence Prevention and Response
Available on the Sexual Violence Prevention Workgroup website
Includes: Definition of Affirmative Consent, Policy for Alcohol and/or Drug Use Amnesty in Sexual
Violence Cases, Campus Climate Assessment Policy, Sexual Violence Victim/Survivor Bill of
Rights, Sexual Violence Response Policy, Options for Confidentially Disclosing Sexual Violence,
and Student Onboarding and Ongoing Education Guide
SUNY Policy Doc. No. 6502, Equal Opportunity: Access, Employment and Fair Treatment in the
State University of New York
SUNY Policy Doc. No. 6504, Policy on Mandatory Reporting and Prevention of Child Sexual Abuse

Other Related Information

SUNY Procedure Doc. No. 6503 - Sexual Orientation Nondiscrimination
SUNY Policy Doc. No. 6506 - Sexual and Romantic Relationship Policy
SUNY Policy Doc. No. 6507 - Sexual Harassment Response and Prevention Statement
Compliance Website pages on Equity and Diversity
SUNY Student Conduct Institute

SUNY SAVR Resource

Authority

New York State Human Rights Law, available on the New York State Division of Human Rights
website, or in PDF format from the same site.
Title IX of the Education Amendments of 1972, Federal Law
Related guidance available with the United States Department of Education Office for Civil Rights
Publications page

History

This procedure was created and adopted in August 2024 in order to comply with Title IX regulations
and to improve the efficiency and effectiveness in which complaints are addressed. 

Appendices

Appendix A - External Enforcement Agencies
Appendix B – Flowchart for Selection of Applicable Complaint Procedure Process