Title IX Policy

Grievance Policy for Addressing Formal Complaints of Sexual Harassment

Under the Title IX Regulations

Updated: August 8, 2024

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 April 29, 2024, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that:

  • Defines the meaning of “sexual harassment” (including forms of sex-based violence)
  • Addresses how this institution must respond to reports of misconduct falling within that definition of sexual harassment, and
  • Mandates a grievance process that this institution must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment.

See, 89 Fed. Reg. 33,474 (April 29, 2024). The full text of the Final Rule and its extensive Preamble are available here.

Based on the Final Rule, SUNY Oneonta will implement the following Title IX Grievance Policy, effective August 1, 2024.

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

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

Specifically, our campus has a Code of Student Conduct that defines certain behavior as a violation of campus policy, including identify sections addressing Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, Stalking, and related sex-based offenses.

To the extent that related alleged misconduct falls outside the Title IX Grievance Process, or misconduct falling outside the Title IX Grievance Process is discovered in the course of investigating covered Title IX misconduct, the Title IX Grievance Process will be applied in the investigation and adjudication of all the allegations.

Code of Student Conduct

Discrimination and Sexual Harassment Complaint Procedure

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 SUNY Oneonta 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 SUNY Oneonta 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.

The Title IX Grievance Policy

Table of Contents

Effective Date and Changes to Procedure Based on Court Rulings and Legal Challenges or Changes in Law or Regulation

This Grievance Procedure applies to incidents that occur on or after August 1, 2024. Any incidents reported under this Grievance Procedure that occurred on or before July 31, 2024, will be processed through the institution’s 2020 Final Rule Title IX Grievance Policy.

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 this Procedure, the Procedures in their entirety, or the invalidated elements of this Procedure, 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 this Procedure is revoked in this manner, any conduct covered under this Procedure shall be investigated and adjudicated under the previous 2020 Title IX Grievance Policy and/or Student Code of Conduct and/or Sex Based Harassment Policy SUNY Oneonta will update this Procedure as soon as practicable to reflect any court rulings or changes that invalidate parts of the Procedure, if applicable.

Scope of Procedure

Sex-Based Harassment is considered discrimination on the basis of sex if it includes harassment due to actual or perceived sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity.

Jurisdiction of Procedure

SUNY Oneonta’s Title IX Coordinator or designee will determine if this Grievance Procedure applies to a Complaint. This Grievance Procedure will apply when the following elements are met, in the reasonable determination of the Title IX Coordinator:

  • • The conduct alleged occurred on or after August 1, 2024;
  • • The conduct alleged occurred on campus, off campus, or while studying abroad.
  • • The conduct alleged occurred in SUNY Oneonta’s Education Program or Activity; and
  • • The conduct alleged, if true, would constitute Sex-Based Harassment as defined in this
  • Grievance Procedure.

SUNY Oneonta 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 SUNY Oneonta’s Education Program or Activity, or outside of the United States. SUNY Oneonta’s Title IX Coordinator will work with all Complainants to assess such complaints that may fall under these criteria, and direct to appropriate University Policies and Procedures that may apply if this Grievance Procedure does not. SUNY Oneonta will communicate all such decisions in writing to the Complainant. Any dismissals shall be subject to appropriate appeal rights under this Grievance Procedure as outlined in the Dismissals section below.

Conduct that occurs under SUNY Oneonta’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 SUNY Oneonta and conduct that is subject to SUNY Oneonta’s disciplinary authority under the Student Code of Conduct.

If all elements of jurisdiction are met, SUNY Oneonta will investigate the allegations according to this Grievance Procedure as appropriate, or there are grounds for dismissal of the complaint.

Non-Discrimination in Application

The requirements and protections of this policy apply equally regardless of sex, sexual orientation, gender identity, gender expression, race, color, national origin, religion, creed, age, disability, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, criminal conviction, or other protected classes covered by applicable federal, state, or local law.i All requirements and protections are equitably provided to individuals regardless of such protected status(es) or status as a Complainant, Respondent, or Witness. Individuals who wish to file a complaint about the institution’s policy or process may contact the U.S. Department of Education’s Office for Civil Rights using contact information available at https://ocrcas.ed.gov/contact-ocr. Individuals may also file complaints with the New York State Division of Human Rights (DHR), using contact information available at https://dhr.ny.gov/complaint.

Students’ Bill of Rights

All Students have the right to:

  1. Make a report to local law enforcement and/or state police;
  2. Have disclosures of Domestic Violence, Dating Violence, Stalking, and Sexual Assault treated seriously;
  3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
  4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
  5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
  6. Be free from any suggestion that the Reporting Individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
  7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
  8. Be protected from Retaliation by the institution, any Student, the Accused and/or the Respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
  9. Access to at least one level of appeal of a determination;
  10. Be accompanied by an advisor of choice who may assist and advise a Reporting Individual or Complainant, Accused, or Respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
  11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

Definitions

  1. Accused means a person accused of a violation who has not yet entered an institution’s judicial or conduct process.
  2. 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 Oneonta.
  3. Bystander means a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of the rules or policies of an institution.
  4. Code of conduct means the written policies adopted by an institution governing student behavior, rights, and responsibilities while such student is matriculated in the institution.
  5. 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. 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. Consent may be initially given but withdrawn at any time. Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot Consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to Consent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. When Consent is withdrawn or can no longer be given, sexual activity must stop. “Consent” and “affirmative consent” may be used interchangeably under this Grievance Procedure.
  6. Complainant means:
    1. (1) a student or employee who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment as defined in these procedures and who was participating or attempting to participate in SUNY Oneonta’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-Based Harassment under this grievance procedure and who was participating or attempting to participate in SUNY Oneonta’s Education Program or Activity at the time of the alleged Sex-Based Harassment. A Complainant may also be referred to as a Reporting Individual in this Grievance Procedure, in alignment with New York State Education Law Article 129-B.
  7. Complaint means an oral or written request to SUNY Oneonta that objectively can be understood as a request for SUNY Oneonta to investigate and make a determination about alleged Sex-Based Harassment at the institution.
  8. Confidential Employee means:
    1. an employee of SUNY Oneonta 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 Oneonta whom the recipient has designated as confidential for the purpose of providing services to persons related to 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-Based Harassment in connection with providing those services; or
    3. an employee of SUNY Oneonta who is conducting an Institutional Review Board approved human-subjects research study designed to gather information about Sex-Based Harassment. The employee’s confidential status is only with respect to information received while conducting the study.
  9. Disciplinary Sanctions means consequences imposed on a Respondent following a determination under this grievance procedure that the Respondent violated SUNY Oneonta’s prohibition on Sex-Based Harassment.
  10. Education Program or Activity means any academic, extracurricular, research, occupational training or other Education Program or Activity operated by SUNY Oneonta that receives Federal financial assistance.
  11. Party means Complainant or Respondent.
  12. Peer Retaliation means Retaliation by a Student against another Student.
  13. Relevant means related to the allegations of Sex-Based Harassment under investigation as part of this Grievance Procedure. Questions are Relevant when they seek evidence that may aid in showing whether the alleged Sex-Based Harassment occurred, and evidence is Relevant when it may aid a decisionmaker in determining whether the alleged Sex-Based Harassment occurred.
  14. Remedies means measures provided, as appropriate, to a Complainant or any other person SUNY Oneonta identifies as having had their equal access to SUNY Oneonta’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 Oneonta’s Education Program or Activity after SUNY Oneonta determines that Sex-Based Harassment occurred.
  15. Respondent means a person who is alleged to have violated SUNY Oneonta’s prohibition on Sex-Based Harassment.
  16. Retaliation means intimidation, threats, coercion, or discrimination by any person by SUNY Oneonta, a Student, or an employee or other person authorized by SUNY Oneonta to provide aid, benefit, or service under SUNY Oneonta’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, proceeding, or hearing under this grievance procedure.
  17. 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 Oneonta’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 Oneonta’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 Oneonta’s Education Program or Activity; (ii)the type, frequency, and duration of the conduct; (iii)the Parties’ ages, roles within SUNY Oneonta’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 Oneonta’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 crimes 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.
  18. Student means a person who has gained Admission.
  19. 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 Oneonta’s Education Program or Activity, including measures that are designed to protect the safety of the Parties or SUNY Oneonta’s educational environment; or (2) provide support during SUNY Oneonta’s grievance procedures for Sex-Based Harassment.
  20. Title IX Coordinator refers to the Title IX Coordinator(s), Deputy Title IX Coordinator(s), Investigator(s) designated by the Title IX Coordinator(s), and their designee(s).
  21. Vice President for Student Affairs refers to the Vice President for Student Affairs and their designee(s).

Disability Accommodations

This procedure does not alter any institutional obligations under applicable federal, state, and/or local disability laws, including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973, among others. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance Procedure 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.

Requests for Reasonable Accommodations During the Title IX Grievance Procedure

If the Complainant or Respondent discloses a disability, the Title IX Coordinator may consult, as appropriate, with SUNY Oneonta’s Accessibility Resource Center to provide support to students with disabilities to determine how to comply with applicable law including, without limitation, Section 504 of the Rehabilitation Act of 1973 in the implementation of any Supportive Measures, or any other reasonable accommodations requested during the Grievance Procedure.

Policy for Alcohol and/or Drug Use Amnesty

The health and safety of every student at SUNY Oneonta is of utmost importance. SUNY Oneonta recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. SUNY Oneonta strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to SUNY Oneonta’s officials or law enforcement will not be subject to SUNY Oneonta’s 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.

Basic Requirements of the Grievance Procedure

SUNY Oneonta is required to:

  • Treat Complainants and Respondents equitably;
  • Ensure that any person designated by SUNY Oneonta 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-by case basis for good cause with notice to the Parties that includes the reason for the delay;
  • 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 this Procedure, 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 Oneonta will determine which policies and procedures apply if not all such complaints are handled under this institutional Grievance Procedure.

Per New York State Law, SUNY Oneonta is also required to additionally ensure that Complainants are advised of their right to:

  • Notify University Police, local law enforcement, and/or state police;
  • Have emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a Complainant to provide information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible, and detailing that the criminal justice process utilizes different standards of proof and evidence and that any questions about whether a specific incident violated New York Penal Law should be addressed to law enforcement or to the district attorney, who shall also explain whether he or she is authorized to offer the reporting individual confidentiality or privacy, and shall inform the Complainant of other reporting options;
  • Disclose confidentially the incident to institution representatives, who may offer confidentiality pursuant to applicable laws and can assist in obtaining services for Complainants;
  • Disclose confidentially the incident and obtain services from the state or local government;
  • Disclose the incident to institution representatives who can offer privacy or confidentiality, as appropriate, and can assist in obtaining resources for reporting individuals;
  • File a report of sexual assault, domestic violence, dating violence, and/or stalking and the right to consult the Title IX Coordinator and other appropriate institution representatives for information and assistance, ensure that Complainants know that reports shall be investigated in accordance with this Grievance Procedure and/or any other institutional policies that may be applicable, and ensure that a Complainant’s identity will remain private at all times if said Complainant wishes to maintain privacy;
  • Disclose, if the accused is an employee of SUNY Oneonta, the incident to SUNY Oneonta’s Employee Services Department or the right to request that a confidential or private employee assist in reporting to the appropriate representative for the Employee Services Department, at which point, such referral shall be handled according to the appropriate policies and procedures related to employee complaints.
  • Receive assistance from appropriate SUNY Oneonta representatives in initiating legal proceedings in family court or civil court; and
  • Withdraw a complaint or involvement from SUNY Oneonta’s Grievance Procedure at any time.

Reporting Sex-Based Harassment Occurring Between Students to the Institution

Non-Confidential Reports

Any person may report sex discrimination, including Sex-Based Harassment (whether or not the person reporting is the person alleged to be the victim of the conduct that may constitute sex discrimination or Sex-Based 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.

Jennifer Westmoreland,
Interim Title IX Coordinator
Netzer Administration
jennifer.westmoreland@oneonta.edu
607-436-2835

Confidential Reports

The following officials at SUNY Oneonta 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 other employees at SUNY Oneonta that are not designated as confidential resources

The following officials at SUNY Oneonta may provide confidentiality:

  • SUNY Oneonta’s Counseling and Health Center staff includes Directors, Assistant Director/Associate Directors, Licensed Mental Health Counselors, Licensed Medical Professionals.
  • Pastor Counselor/Campus Ministry

There are other confidential options available for crisis intervention, resources and referrals, but these are not reporting mechanisms to the institution, meaning that disclosure on a call to one of these hotlines does not provide any information to SUNY Oneonta.

Complainants are encouraged to additionally contact a campus confidential or private resource so that SUNY Oneonta can take appropriate action in these cases. Some resources, which are not affiliated with SUNY Oneonta, that offer confidential reporting options are:

Privacy vs. Confidentiality

References made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or University officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean SUNY Oneonta 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. SUNY Oneonta will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

At the First Instance of Disclosure of a Report

SUNY Oneonta shall ensure that, at a minimum, at the first instance of disclosure by a Complainant to a SUNY Oneonta representative, the following information shall be presented to the Complainant: “You have the right to make a report to university police or campus security, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from Retaliation for reporting an incident; and to receive assistance and resources from your institution.”

Supportive and Interim Measures

Providing Supportive Measures

Complainants who report allegations of Sex-Based Harassment have the right to receive supportive measures from SUNY Oneonta 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 SUNY Oneonta.

As appropriate, supportive measures may include without limitation:

  • 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 (Administrative Directives)
  • 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
  • Training and education programs related to Sex-Based Harassment
  • Assistance by SUNY Oneonta’s police or security forces, if applicable, or other officials in obtaining an order of protection or, if outside of New York state, an equivalent protective or restraining order

Supportive measures must not unreasonably burden either Party and must be designed to protect the safety of the Parties or SUNY Oneonta’s educational environment, or to provide support during SUNY Oneonta’s Sex-Based Harassment grievance procedures under this policy.

SUNY Oneonta may modify or terminate supportive measures at the conclusion of the grievance procedure or may continue them beyond that point within SUNY Oneonta’s discretion.

SUNY Oneonta 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 Oneonta’s Education Program or Activity, or if there is an exception that applies, such as:

  • SUNY Oneonta 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-Based Harassment under Title IX in SUNY Oneonta’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).

Note on Orders of Protection and their equivalent: SUNY Oneonta must provide a copy of the order of protection or equivalent when it is received by SUNY Oneonta, and Parties shall have the opportunity to meet or speak with the Title IX Coordinator, who can explain the order and answer questions about it, including information from the order about the Accused’s/Respondent’s responsibility to stay away from the protected person or persons. Parties are entitled to an explanation of the consequences for violating these orders, including without limitation, arrest, additional conduct charges, and interim suspension or emergency removal, as applicable. A Complainant is also entitled to receive assistance from University Police in effecting an arrest when an individual violates an order of protection or, if University Police does not possess arresting powers, then to call on and assist local law enforcement in effecting an arrest for violating such order, in accordance with limits on current law enforcement jurisdiction and procedures.

Process for Review of Supportive Measures

A Complainant or Respondent may seek modification or reversal of SUNY Oneonta’s decision to provide, deny, modify or terminate a supportive measure. Grounds for challenge of supportive measures include, but are not limited to:

  • Whether a supportive measure is reasonably burdensome;
  • Whether a supportive measure is reasonably available;
  • Whether a supportive measure is being imposed for punitive or disciplinary reasons;
  • Whether the supportive measure is being imposed without fee or charge; and
  • Whether the supportive measure is effective in meeting the purposes for which it is intended, including to restore or preserve access to the Education Program or Activity, provide safety, or provide support during the Grievance Procedure

This review will be conducted by the Vice President for Diversity, Equity, and Inclusion or their designee. The impartial employee of SUNY Oneonta 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 procedures 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 (i.e., two-way no contact orders).

No Contact Order

A No Contact Order is a written directive prohibiting contact through any means with a protected person, either directly or through a third party. If the respondent and the complainant observe each other in a public place, it is the responsibility of the respondent to leave the area immediately and without directly contacting the complainant. If SUNY Oneonta finds it appropriate, it may make a schedule for the reporting individual and the complainant to use the same University facilities and services, while maintaining the terms of the No Contact Order. A No Contact Order issued as an administrative directive is considered temporary pending the resolution a Title IX formal complaint. In cases in which a respondent is found not responsible following a Board Hearing, the No Contact Order shall be withdrawn. The student conduct officer or designee may, at their discretion, issue a Cease and Desist Order between the two parties. Any intentional violation of a No Contact Order may be considered a separate violation of the Student Code of Conduct.

Emergency Removal

SUNY Oneonta retains the authority to remove a Respondent from all or part of SUNY Oneonta’s Education Program or Activity on an emergency basis, where SUNY Oneonta (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-Based Harassment justifies removal.

SUNY Oneonta will provide the Respondent with notice and an opportunity to challenge the decision immediately following the emergency removal. The Respondent will have until 4:30pm on the next business day to schedule a Microsoft Teams Meeting with the Vice President of Student Affairs, or their designee, to discuss the propriety of the emergency removal and challenge the decision. This is an appeal of the emergency removal, not the charges as stated above. The Vice President’s decision regarding the emergency removal shall be issued in writing within 2 business days and shall be final.

The Vice President for Student Affairs who hears a challenge to an emergency removal must not be involved in any decision regarding responsibility or appeal of a determination.

Emergency removals will not be considered Relevant evidence that can be considered in reaching a determination of whether Sex-Based Harassment occurred.

Administrative Leave

SUNY Oneonta retains the authority to place a non-student employee Respondent on administrative leave during the Grievance Procedure, consistent with applicable collective bargaining agreements, employee handbooks, and SUNY Oneonta policies and rules.

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

The Title IX Grievance Procedure for Sex-Based Harassment Occurring Between Students

Filing a Complaint

Who can make a Complaint?

  • A Complainant (as defined in Section VI(6) of this Grievance Procedure); or
  • The Title IX Coordinator.

Note on Title IX Coordinator initiated Complaints: In the absence of a Complaint or the withdrawal of any or all of the allegations in a Complaint, 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 is 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 SUNY Oneonta;
  • 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 Oneonta could end the alleged Sex-Based Harassment and prevent its recurrence without initiating this Grievance Procedure.

If after considering these and other Relevant factors, the Title IX Coordinator determines that the conduct as alleged present 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 Oneonta 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 as listed in Section VI of this Grievance Procedure.

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

As defined in VI(6) of this Grievance Procedure, a Complaint can be an oral or written request to SUNY Oneonta that objectively can be understood as a request for SUNY Oneonta to investigate and make a determination about alleged Sex-Based Harassment at the institution.

Who can I report a Complaint to?

Any reports of Sex-Based Harassment may be made directly to the Title IX Coordinator, whose contact information is listed at the beginning of this Grievance Procedure. There are other ways in which a Party may report a Complaint.

SUNY Oneonta requires that any employee who is not a Confidential Employee and who either has authority to institute corrective measures on behalf of SUNY Oneonta or has responsibility for administrative leadership, teaching, or advising in SUNY Oneonta’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 employees at SUNY Oneonta 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, including Sex-Based Harassment, under Title IX or any institutional policy or this Grievance Procedure, these requirements do not apply to an employee reporting their own personal Complaint.

What is the timeframe for SUNY Oneonta 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 this Grievance Procedure within five (5) 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 notify the Parties in writing, on a case by- case basis, with good cause and the rationale for the extension or delay.

Can I make a Complaint and request initiation of the Grievance Procedure even if I have made a complaint to law enforcement?

Yes. SUNY Oneonta 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. Per New York state law, it is required that SUNY Oneonta’s process run concurrently with a criminal justice investigation and proceeding, however, temporary delays are allowed as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than ten days except when law enforcement specifically requests and justifies a longer delay.

Multi-Party Situations and Consolidation of Complaints

SUNY Oneonta may consolidate complaints alleging Sex-Based 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 Sex-Based Harassment arise out of the same facts or circumstances.

SUNY Oneonta 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.

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 in the investigation and adjudication of all the allegations.

Dismissal of a Complaint

Grounds for Dismissal

SUNY Oneonta may dismiss a complaint of Sex-Based Harassment for any of the following reasons:

  • SUNY Oneonta is unable to identify the Respondent after taking reasonable steps to do so;
  • The Respondent is not participating in SUNY Oneonta’s Education Program or Activity and is not employed by SUNY Oneonta;
  • The Complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint of these procedures, and SUNY Oneonta determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute Sex-Based Harassment under Title IX or this Grievance Procedure even if proven; or
  • SUNY Oneonta determines that the conduct alleged in the complaint, even if proven, would not constitute Sex-Based Harassment under Title IX or these procedures. Note: SUNY Oneonta must make reasonable efforts to clarify the allegations with the Complainant before dismissing under this basis.

Notice of Dismissal

If SUNY Oneonta dismisses a complaint, SUNY Oneonta is required to promptly notify the Complainant of the basis for dismissal.

If the dismissal of the complaint occurs before a Notice of Allegations is issued to the Respondent, the Title IX Coordinator does not need to notice the Respondent at that time. However, if the Complainant appeals the dismissal, the Respondent will need to be notified of the complaint allegations and given an opportunity to respond to the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then SUNY Oneonta must notify the Respondent and Complainant of the dismissal and the basis for the dismissal simultaneously in writing.

Appeal rights must also be outlined in any notification of dismissal of a complaint, as included below under Appeal of Dismissals.

Appeals of Dismissals
SUNY Oneonta must notify the Complainant that a dismissal may be appealed and provide the Complainant with an opportunity to appeal the dismissal of a complaint on the following grounds:

  • Procedural irregularity: procedural irregularity that affected the outcome of the matter (i.e., a failure to follow SUNY Oneonta’s own policy to a degree that had material effect on the outcome of the matter);
  • New evidence: New evidence that would change the outcome and that was not reasonably available when the determination whether Sex-Based Harassment occurred or dismissal of the complaint was made; and
  • The Title IX Coordinator, investigator(s), or decisionmaker(s) 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 of the matter.

To initiate an appeal, the Complainant must submit their appeal in writing within five (5) business days of the issuance of the dismissal notice. The submission must indicate the specific grounds for the appeal. If the dismissal occurs after the Respondent has been notified of the allegations, then SUNY Oneonta must also notify the Respondent that the dismissal may be appealed on the grounds set out above.

The submission of appeal stays any sanctions for the pendency of an appeal. Supportive measures and remote learning opportunities (if possible) 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 will be decided by an appeal panel 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. Outcome of appeal will be provided in writing simultaneously to both Parties, and include rationale for the decision.

Notice of Allegations

Upon initiating SUNY Oneonta’s Grievance Procedures, the Title IX Coordinator shall provide a notice of allegations in writing to the Parties whose identities are known. Such notice will occur as soon as practicable after SUNY Oneonta receives a complaint, if there are no extenuating
circumstances. SUNY Oneonta will provide the Notice of Allegations within five (5) days after receiving a complaint.

The written Notice of Allegations must include:

  • SUNY Oneonta’s Grievance Procedures
  • 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 Procedures, and the date(s) and location(s) of the alleged incident(s), to the extent that information is available to SUNY Oneonta
  • A statement that the Parties are entitled to an equal opportunity to access the Relevant and not otherwise impermissible evidence a statement that the Respondent is presumed not responsible for the alleged Sex-Based Harassment until a determination is made at the conclusion of SUNY Oneonta’s Grievance Procedures and that prior to the determination, the Parties will have an opportunity to present Relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker;
  • Parties may have an advisor of their choice, and that the advisor may be, but is not required to be, an attorney;
  • SUNY Oneonta’s code of conduct prohibits knowingly making false statements or knowingly submitting false information during SUNY Oneonta’s Grievance Procedures
  • If, in the course of an investigation, SUNY Oneonta 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, SUNY Oneonta is required to provide written notice of any additional allegations to the Parties whose identities are known.

What if SUNY Oneonta decides to investigate additional allegations of Sex-Based Harassment?

If, in the course of an investigation, SUNY Oneonta decides to investigate 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, SUNY Oneonta 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 SUNY Oneonta has reasonable concerns for the safety of any person as a result of providing a written Notice of Allegations, SUNY Oneonta through the Title IX Coordinator, 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 SUNY Oneonta cannot limit the choice of who that advisor may be or their presence for the Parties in any meeting or proceeding unless such advisor does not follow SUNY Oneonta’s established rules of decorum and rules around participation.

Investigation

General Rules of Investigation

The Title IX Coordinator will perform an investigation of the conduct alleged to constitute Sex- Based Harassment in a reasonably prompt timeframe, after issuing the Notice of Allegations.

SUNY Oneonta, and not the Parties, have 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 SUNY Oneonta and does not indicate responsibility.

SUNY Oneonta 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. SUNY Oneonta will provide an equal opportunity for the Parties to present witnesses, including fact, and other inculpatory or exculpatory evidence, as described below.

Notice of Participation

SUNY Oneonta 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

SUNY Oneonta 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 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 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 and during the live hearing.

SUNY Oneonta 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 Student Code of Conduct and other University policies and/or procedures that may apply.

Note: Disclosures of information and evidence for purposes of administrative proceedings or litigation related to the complaint of Sex-Based Harassment are authorized and not considered unauthorized disclosures potentially subject to other disciplinary action.

Review and Access to Relevant and Not Otherwise Impermissible Evidence

Each Party will have an equal opportunity to present fact witnesses and other inculpatory and exculpatory evidence that are Relevant and not otherwise impermissible, to the Title IX Coordinator. 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.

Each Party and their advisors of choice will have an equal opportunity to review and access the evidence that is Relevant to the allegations of sex-based discrimination and not otherwise impermissible regardless of relevance prior to the conclusion of the investigation. The Title IX Coordinator will provide each Party with a reasonable opportunity to respond to the evidence. Both Parties will have the opportunity to respond to the evidence prior to and during the live hearing.

SUNY Oneonta 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 SUNY Oneonta’s Student Code of Conduct and other University policies and/or procedures that may apply.

Note: Disclosures of information and evidence for purposes of administrative proceedings or litigation related to the complaint of Sex-Based Harassment are authorized and not considered unauthorized disclosures potentially subject to other disciplinary action.

Relevant Evidence

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

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

Impermissible Evidence

The following types of evidence, and questions seeking that evidence, are excluded as impermissible (i.e., must not be accessed or considered, except by SUNY Oneonta to determine whether an exception applies, must not be disclosed, and must not otherwise be used) regardless of whether they are Relevant:

  • Evidence that is protected under a privilege as 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 SUNY Oneonta obtains that Party’s or witness’s voluntary, written consent for use in SUNY Oneonta’s 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-Based Harassment. Note: 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-Based Harassment or preclude determination that Sex-Based Harassment occurred.

Timeframes

An investigation shall take sixty (60) business days to complete. If there are any delays or extensions, the Title IX Coordinator must appropriately notice the Parties in writing, as detailed below.

Extensions and Delays

SUNY Oneonta 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.

Live Hearing

General Rules for Live Hearings

SUNY Oneonta will not issue a finding or disciplinary sanction arising from an allegation of Sex-Based Harassment without holding a live hearing.

The live hearing may be conducted with the Parties physically present in the same geographic location. SUNY Oneonta has the discretion to conduct the live hearing with the Parties physically present in separate locations, with technology enabling the decisionmaker and Parties to simultaneously see and hear the Party or the witness while that person is speaking. A Party may also request this option prior to the hearing.

SUNY Oneonta shall create an audio or audiovisual recording or transcript of any live hearing and make it available to the Parties for inspection and review.

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)

If a Party chooses not to participate in the process or the hearing, the live hearing may still proceed in the absence of a Party, and SUNY Oneonta may reach a determination of responsibility in their absence, including through any evidence gathered and other witness statements. SUNY Oneonta will not threaten, coerce, intimidate or discriminate against any Party in an attempt to secure the Party’s participation. The decisionmaker cannot draw an inference about the determination regarding responsibility based solely on a Party’s absence from the live hearing, or a refusal to answer questions.

The Parties shall be subject to SUNY Oneonta’s Rules of Decorum.

The Decisionmaker

The live hearing is conducted by a panel, the Standing Disciplinary Board, which is comprised of students, faculty, and/or staff which reviews student conduct cases and Title IX Complaints. The composition of the Standing Disciplinary Board, which consists of five (5) decisionmakers, is outlined in SUNY Oneonta’s Student of Conduct.

No member of the hearing body will 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 of or against the Parties to the particular case.

The Standing Disciplinary Board will be trained prior to serving during any hearing. The Parties will have an opportunity to raise any objections regarding a decisionmaker’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 is not required 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. An advisor of choice is not prohibited from being a witness in the hearing. Advisors of choice are subject to SUNY Oneonta’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. Witnesses are subject to SUNY Oneonta’s Rules of Decorum, and may be removed upon violation of those rules.

Hearing Procedures

For all live hearings conducted, the chair of the Standing Disciplinary Board will open and establish rules and expectations for the hearing. The Parties will each be given an opportunity to provide opening statements. Questioning of the Parties and witnesses will occur according to the procedures below.

Questioning Parties and Witnesses

During a live hearing, each Party is allowed to ask Relevant and not otherwise impermissible questions and follow-up questions of the Parties and witnesses through the hearing board. No questioning to another Party or witness will be conducted by a Party personally.

Procedures for Decisionmaker’s Evaluation of Questions and Limitation on Questions

The chair of the Standing Disciplinary Board will determine whether a proposed question is Relevant and not otherwise impermissible as described in this Grievance Procedure, prior to the question being posed, and will explain any decision to exclude a question as not Relevant or
otherwise impermissible.

If the chair of the standing disciplinary board determines that a Party’s question is Relevant and not otherwise impermissible, then the question must be asked unless such question is unclear or harassing of the Party or witness being questioned. The chair of the Standing Disciplinary Board must give a Party an opportunity to clarify or revise a question that the hearing board has determined is unclear or harassing and, if the Party sufficiently clarifies or revises a question so that it is no longer unclear or harassing, the question must be asked.

Refusal to Respond to Questions and Inferences Based on Refusal to Respond to Questions

The standing disciplinary board may choose to place less or no weight upon statements by a Party or witness who refuses to respond to questions deemed Relevant and not impermissible.

The Standing Disciplinary Board must not draw an inference about whether Sex-Based Harassment occurred based solely on a Party’s or witness’s refusal to respond to such questions.

The parties shall be subject to SUNY Oneonta’s Rules of Decorum Policy for the Title IX Grievance Process.

Continuances or Granting Extensions

SUNY Oneonta may determine that multiple sessions or a continuance (a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, SUNY Oneonta 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 chair of the Standing Disciplinary Board 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 chair of the Standing Disciplinary Board 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.

Determination Regarding Responsibility and Sanctioning

Standard of Proof

SUNY Oneonta uses the preponderance of the evidence standard of proof to determine whether or not Sex-Based Harassment occurred means that the investigation and hearing determine whether it is more likely than not that a violation of the Grievance Procedures occurred.

General Considerations for Evaluating Evidence and Testimony

The decisionmaker is required to evaluate Relevant and not otherwise impermissible evidence for its persuasiveness. 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 Oneonta used to evaluate the allegations;
  • The decisionmaker’s evaluation of the Relevant evidence and determination on whether Sex-Based Harassment occurred;
  • Any Disciplinary Sanctions SUNY Oneonta will impose on the Respondent, whether Remedies other than the imposition of Disciplinary Sanctions will be provided by SUNY Oneonta to the Complainant, and, to the extent appropriate, other students identified by SUNY Oneonta to be experiencing the effects of Sex-Based Harassment, if there is a finding that Sex-Based Harassment occurred; and
  • SUNY Oneonta’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 SUNY Oneonta within five (5) business days of the completion of the hearing.

Determination of Disciplinary Sanctions After a Finding of Responsibility

Per New York state law, past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary stage that determines sanction. However, it is not admissible prior to determination of responsibility.

In addition, each party will have an opportunity to make an impact statement during the point of the proceeding where the decisionmaker is deliberating on appropriate sanctions.

Finality of Determination

The determination regarding responsibility becomes final either on the date that SUNY Oneonta 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.

Disclosures of Outcome by the Parties

The Complainant and Respondent have the right to choose whether to disclose or discuss the outcome of a conduct or judicial process related to sexual harassment, sexual assault, dating violence, domestic violence, or stalking.

The Complainant and Respondent have the right to have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel makes a final determination unless otherwise required by law.

Appeals

Each Party may appeal 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 appeal.

For appeals resulting from dismissal of a complaint, please see the section on Dismissal of Complaints.

Grounds for Appeal

The limited grounds for appeal available are as follows:

  • Procedural irregularity that would change the outcome;
  • New evidence that would change the outcome and that was not reasonably available when the determination whether sex-based harassment occurred or dismissal was made;
  • 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.
  • 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.
  • The sanction imposed was arbitrary or grossly disproportionate to the severity of the offense

Additional Procedures for Appeal Process

SUNY Oneonta will notify the Parties of any appeal, provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome, and will notify the Parties of the result of the appeal and the rationale for the result.

The submission of an appeal stays (or pauses) any sanctions for the period during which an appeal determination is being assessed. Supportive measures and remote learning opportunities remain available while an appeal is being deliberated and before a final decision has been made.

Appeals will be decided by an Appeal panel 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.

Transcript Notations

For crimes of violence, including, without limitation, sexual violence, defined as crimes that meet the reporting requirements pursuant to the Clery Act (20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII)), SUNY Oneonta is required to make a notation on the transcript of a student found responsible for suspension or expulsion, per SUNY Oneonta’s Transcript Notation Policy.

Retaliation

When SUNY Oneonta has information about conduct that reasonably may constitute Retaliation under Title IX or its Grievance Procedures, SUNY Oneonta is obligated to initiate its Grievance Procedures.

SUNY Oneonta 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 Oneonta’s Title IX Grievance Procedures, 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 Oneonta’s Title IX Grievance Procedures. 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 Oneonta’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.

Individuals alleging retaliation by a student may file a complaint under SUNY Oneonta’s Student Code of Conduct (ADD LINK). Individuals alleging retaliation by an employee may utilize SUNY’s Discrimination Complaint Procedure.

Sanctions

The following sanctions may be imposed by the Standing Disciplinary Board:

  1. Dismissal: Permanent separation from the University with no opportunity for readmission. Dismissal also carries with it a permanent bar to being present on campus, on University-owned property, or at University-sponsored events.
  2. Suspension: Means separation from the University for a specified period of time, or the meeting of clearly established conditions or criteria for re-entry. If suspension occurs during the semester in which the student is currently enrolled, no academic credit for any courses may be awarded or refund of tuition issued. Readmission would usually be automatic for the student at the end of the suspension period, unless the hearing officer limits return to the satisfaction of specific conditions.
  3. Restrictive Disciplinary Probation: This status is given for a specific period of time. During that probationary period, the student may remain a member of any club or recognized student organization. However, the hearing officer may consult with faculty and/or staff on campus to restrict additional campus activities of the student. This may include all or some of the following: not being able to represent the University in any way (e.g. as a tour guide, ambassador, RA or OL); restrictions in the ability to hold elective or appointive office in any organization related to the University; not being allowed to participate in interscholastic or intramural sports, or in any theatrical performance that is not part of class assignments; or the inability to receive public recognition in any way through official University activities. In general, restrictive disciplinary probation is seen as allowing the student to pursue only those activities that enhance academic progress. Restrictive disciplinary probation carries with it the assumption that if the student should violate any other University regulations during the period of probation, suspension or dismissal are likely sanctions.
  4. Probation II: Imposes no restriction on the activities of the individual involved, but indicates that for the time specified by the Disciplinary Board, the student may be suspended or expelled if found responsible for violating any other University regulation.
    1. A note about Probation: There are SUNY Oneonta leadership positions and academic experiences that require a review of student conduct records before acceptance into those opportunities. Being on Probation at any level may disqualify students from being eligible to participate. These include, but are not limited to: Resident Advisor and Night Host positions, as well as international study experiences.
  5. Warning: An official warning may be provided to the student, indicating violation of the Code of Student Conduct and/or the Residence Hall License. A copy of the letter is kept in the confidential records of the student maintained by the Office of Community Standards.
  6. Restitution: In kind restitution of property or monies may be required when appropriate.
  7. Community Service: Means that the student will be required to complete a set number of service hours at an assigned location to repay the community for rights violated or damages done.
  8. Residence Hall Ban: Means a student is no longer permitted to visit a specific hall.
  9. Residence Hall Transfer: Means a student may be relocated to another residence hall as appropriate. When transferred from a residence hall, the student is also banned from that hall.
  10. Residence Hall License Revocation: Means that the student may be immediately removed from campus housing and not permitted in any residence hall for any reason indefinitely.
  11. Educational Sanctions: Additional sanctions that may be assigned when appropriate, at the discretion of the hearing officer.

When considering appropriate sanctions, the Standing Disciplinary Board will consider the following information.

  • The nature and severity of the conduct;
  • The Respondent’s prior conduct history;
  • The impact of the conduct;
  • How SUNY Oneonta has sanctioned similar incidents in the past; and
  • Whether the Respondent has accepted responsibility.

The following table establishes available sanctions for violations of this

Sanctions Available For Violations
Conduct Charge Available Sanctions
Sex-Based Harassment (Quid pro Quo or Hostile Environment No contact order, probation, residence hall revocation, residence hall transfer, suspension for one, two, three, or four semesters, dismissal from the University, and educational sanctions
Sexual Assault* No contact order, probation, residence hall revocation, suspension for one, two, three, or four semesters, and dismissal from the University. *If a student is found responsible for nonconsensual sexual intercourse, the University will impose a sanction or suspension or dismissal, with additional requirements as appropriate.
Dating Violence No contact order, probation, residence hall revocation, residence hall transfer, suspension for one, two, three, or four semesters, dismissal from the University, and educational sanctions.
Domestic Violence No contact order, probation, residence hall revocation, residence hall transfer, suspension for one, two, three, or four semesters, dismissal from the University, and educational sanctions.
Stalking No contact order, probation, residence hall revocation, residence hall transfer, suspension for one, two, three, or four semesters, dismissal from the University, and educational sanctions.

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