Sexual Misconduct Policy Prior to August 1, 2024

Section 1 – Sexual Misconduct Policy Overview

A. Notice of Non-Discrimination and Policy Statement

The health, safety, and well-being of all members of Iona University (the “University”) community are the University’s primary concerns. The University will not tolerate any form of sexual misconduct in its educational programs or activities. Sexual misconduct is a broad term that encompasses a wide range of prohibited behaviors of a sexual nature that is committed without consent or by intimidation, coercion, threat, or force. Sexual misconduct can occur between strangers, acquaintances, or people who know each other well, including those who are involved in an intimate or sexual relationship, and can be committed by anyone regardless of sex, gender, or gender identity.

This Policy sets forth the University’s process and procedures for responding to claims of sexual misconduct, including the investigation and fact-finding process, the process for resolution and the sanctions imposed for violating this Policy. If there is a violation of this Policy, the University will take steps to prevent further acts of sexual misconduct, to prevent any recurrence, and will take appropriate action to remedy the effects of sexual misconduct.

This Policy governs sexual misconduct involving University students, whether part-time or full-time, and applies to such students regardless of sex, race, national origin, disability, sexual orientation, gender identity, or other protected status.

This policy applies to any allegation of sexual misconduct that occurs both off and on Iona University premises, at Iona University-sponsored programs or activities, and off-campus conduct that has a continuing effect on the Iona University community, or individual members of the community. This includes but is not limited to in person conduct as well as actions taken virtually, electronically and through social media. Limited exceptions to the scope of this policy are set forth herein.

Complaints of discrimination or harassment that do not involve sexual misconduct or when a complaint involves a University employee are governed by the Student Code of Conduct or Iona University Harassment and Discrimination Policy.

The University has a designated Title IX Coordinator² whose primary responsibility is to coordinate the University’s compliance with this policy including overseeing the University’s response to complaints of sexual misconduct, coordinating investigations into allegations of sexual misconduct, identifying and addressing any patterns or systemic problems of sexual misconduct that arise during the investigation of a complaint, and assessing the effects of sexual misconduct on the campus climate. The Title IX Coordinator addresses all reports of sexual misconduct in an equitable and neutral manner.

In accordance with Title IX of the Education Amendments of 1972 (“Title IX”), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”), as amended by the Violence Against Women Act/Campus Sexual Violence Act (“Campus SaVE Act”), and Article 129-B of the New York State Education Law, the University is committed to providing a safe community, free from all forms of sex discrimination, including sexual misconduct. The University does not discriminate on the basis of sex in its education programs and activities. Discrimination on the basis of sex includes sexual harassment.

B. Information on This Policy

This Sexual Misconduct Policy is separated into four parts:

Part I: Sexual Misconduct Policy – Umbrella Policy that sets forth common elements for both the Sexual Misconduct Grievance Procedure and the Title IX Grievance Procedure both of which address the types of sex-based offenses constituting a violation of campus policy, and the procedures for investigating and adjudicating those sex-based offenses.
Part II: Sexual Misconduct Grievance Procedure – sets forth procedures for investigation, hearing and appeal of sexual misconduct that do not fall within the definition of Title IX’s Final Rule.
Part III: Title IX Grievance Procedure – sets forth procedures for investigation, hearing and appeal of matters falling within the definitions of Title IX’s Final Rule.
Part IV: Definitions - sets forth definitions of terms used in the Sexual Misconduct Policy, Parts I, II, and III.

Related Policies which are referenced herein are:

Student Code of Conduct - defines certain behavior as a violation of campus policy.
Harassment and Discrimination Policy to address employee behavior related to harassment and discrimination and Title IX sexual harassment.

C. Title IX Limitation

In recent years, the term “Title IX” has become a short-hand term referring to any campus disciplinary process involving sex discrimination, including those arising from sexual harassment and sexual assault. But under the government’s Final Rule¹, the University hereby narrows the scope of its authority to act under Title IX and the type of “sexual harassment” that is subject to its Title IX investigation and grievance process.

To the extent that alleged misconduct falls outside the Title IX Grievance Procedure, or misconduct falling outside the Title IX Grievance Procedure is discovered in the course of investigating covered Title IX misconduct, the University retains authority to investigate and adjudicate the allegations under the policies and procedures defined within the Code of Conduct/ Non-Title IX Sexual Misconduct Grievance Procedure through a separate grievance proceeding.

All Incidents of Sexual Misconduct should be reported to the University’s Title IX Coordinator by the Complainant or another University Responsible Employee, with the exception of those employees designated as confidential below.

D. Determining Jurisdiction

Upon receipt of a complaint, the Title IX Coordinator² will determine whether the Sexual Misconduct Grievance Procedure or the Title IX Grievance Process should apply to the complaint. The Title IX Grievance Procedure will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator:

The conduct is alleged to have occurred in Iona University’s education program or activity. This includes but is not limited to in-person conduct as well as actions taken virtually, electronically and through social media.
The conduct is alleged to have occurred on or after August 14, 2020;
The conduct is alleged to have occurred in the United States;
The alleged conduct, if true, would constitute covered sexual harassment as defined in the Title IX Grievance Procedure; and
Complainant is currently participating in, or attempting to participate in, the education programs or activities Iona University.
Respondent is any individual who has been reported to be the perpetrator of conduct that could constitute covered sexual harassment.

The Title IX Coordinator will advise Complainant of the appropriate procedure to follow.

Section 2 - Elements in Common of Sexual Misconduct Policy and Title

IX Grievance Policy

Resources and Reporting Options

There are multiple ways to report prohibited conduct. There are also a wide range of resources for all students to provide support and guidance in response to any incident of Sexual Misconduct.

Medical Assistance and Counseling

If you or someone you know is or may be the victim of any form of Sexual Misconduct, the University strongly urges you to seek immediate assistance. This is the best way to ensure that the victim receives appropriate medical care and emotional support. Assistance is available from:

Campus Safety (914) 633-2560.
Local Police and Emergency Assistance - Call 911
New Rochelle Police Department (914) 654-2300
Local hospitals – Call 911 to obtain contact information:
- Montefiore New Rochelle Hospital
- Westchester Medical Center
- White Plains Hospital
- New York-Presbyterian/Lawrence Hospital
- Montefiore Mount Vernon Hospital
- St. John’s Riverside Hospital
Iona University Counseling Center (914) 633-2038
New York State Office of Victim Services Toll Free Number – (800) 247-8035
New York State Domestic Violence Hotline - (800) 942-6906
Westchester Community Opportunity Program, Inc., (WestCOP) Victims Assistance Program: Local Hotline - (914) 345-9111; Main Office - (914) 345-3113; Toll-Free Hotline - (855) 827-2255
National Sexual Assault Telephone Hotline - (800) 656 - HOPE (4673)
Safe Horizon Rape and Sexual Assault Hotline - (866) 689-HELP (4357)
Safe Horizon Domestic Violence Hotline - (800) 621-HOPE (4673)
Gay & Lesbian Anti-Violence Project - (212) 714-1141
The Title IX Coordinator: Jennifer Lykins, (914) 633-2455, TitleIX@iona.edu
Iona University Whistleblower Hotline, Phone: (877) 472-2110; Email: reports@lighthouse-services.com, Fax: (245) 689-3885, Website: www.lighthouse-services.com/iona

Anyone who is physically injured or sexually assaulted should consider seeking a medical examination to determine the extent of injuries. Folks may also choose to obtain a sexual assault forensic examination (i.e., rape kit) in the aftermath of a sexual assault. In instances involving physical injury or Sexual Assault, the University strongly encourages the victim to obtain a medical examination to determine the extent of injuries. A hospital, with the victim’s permission, will collect physical evidence in a sexual offense evidence collection kit. Consenting to the completion of an evidence collection kit does not obligate the victim to pursue criminal charges with the police; it is a way to preserve evidence should there be a choice to pursue criminal charges at a later time. Hospitals are required by law to preserve such evidence for a minimum of 30 days. Sexual Assault Forensic Examiners (SAFE) are specially equipped and trained to handle Sexual Assault and gather evidence.

Law Enforcement Notification

Complainants have the right to notify or decline to notify law enforcement. If you are the victim of Sexual Misconduct, the University strongly encourages you to promptly report the incident to the police. Contacting law enforcement will ensure the preservation of evidence and facilitate a timely investigation and response. University representatives are available to assist you in notifying law enforcement of an incident of Sexual Misconduct and in contacting law enforcement or legal service organizations to learn about these remedies. Except in instances where the victim is a minor, the University will respect a victim’s decision regarding whether or not to report an incident to local law enforcement. University representatives can also assist any Complainant in initiating a legal proceeding in family court or civil court.

A person may report an incident to either the police or the University or to both simultaneously. The filing of a complaint of Sexual Misconduct under this Policy is independent of any criminal investigation or proceeding. The University will not wait for the conclusion of any criminal investigation or proceedings to commence its own investigation or to take any necessary supportive measures to protect the Complainant and the University community. However, the University may temporarily delay its investigation to enable law enforcement to gather evidence and to engage in a preliminary investigation of Sexual Misconduct matters that may also violate the state criminal code.

University Notification

The University also urges victims and anyone who becomes aware of an incident of Sexual Misconduct to report the incident immediately to the University. The University is committed to providing an adequate, reliable, prompt, and impartial investigation and resolution to all allegations of Sexual Misconduct. Any incident of Sexual Misconduct reported to another University employee, with the exception of those employees designated as confidential, as set forth herein, will be reported by the employee to the Title IX Coordinator.

Delays

Each party may request a pause in the Grievance Process of up to five (5) business days for good cause (granted or denied in the sole judgment of the Title IX Coordinator) 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 may generally be granted.

Meetings

All meetings, interviews, hearings described in the Sexual Misconduct Grievance Procedure or the Title IX Grievance Procedure will occur either in person, virtually or via telephone at the discretion of the Title IX Coordinator.

Notification of Rights at the Time of First Disclosure

At the first instance of disclosure by a Reporting Individual to an institution representative, the following information shall be presented to the Reporting Individual: "You have the right to make a report to Campus Safety, 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."

When the University receives a report from a student that has been the victim of Sexual Misconduct, including Dating Violence, Domestic Violence, Sexual Assault or Stalking, whether the offense occurred on or off-campus, the University will provide the Reporting Individual with a written explanation of their rights and options. The University will provide the Reporting Individual with written notification regarding existing counseling, health, mental health, victim advocacy, and other services available for victims both within the University and in the community. If the Reporting Individual is not the Complainant, and the identity of the Complainant is made known to the University, the University will provide such written notification to the Complainant.

A Complainant will be advised of their right to have emergency access to an appropriate official trained in interviewing victims of Sexual Assault who shall be available upon the first instance of disclosure by a Reporting Individual 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 the penal law should be addressed to law enforcement or to the district attorney. Such official shall also explain whether they are authorized to offer the Reporting Individual Confidentiality or Privacy, and shall inform the Reporting Individual of other reporting options.

The University will ensure that Complainant have information about resources including intervention, mental health counseling, and medical services, which shall include information on whether such resources are available at no cost or for a fee. The University will also provide information on sexually transmitted infections, sexual assault forensic examinations, and resources available through the NYS Office of Victim Services.

University Counseling Resources

Regardless of whether or not an official complaint of Sexual Misconduct is made, various counseling options are available from the University at the Iona University Counseling Center. Students can arrange an appointment either by calling the Counseling Center at (914) 633-2038, or by coming to the Center during walk-in hours, which is located on the second floor of Spellman Hall.

Time for Reporting

Members of the University community are encouraged to report any alleged Sexual Misconduct immediately in order to maximize the University’s ability to obtain evidence and conduct a thorough, impartial, and reliable investigation. The University’s ability to investigate and respond effectively may be reduced with the passage of time. However, reports may be made at any time without regard to how much time has elapsed since the Sexual Misconduct. The University will not allow an impending graduation to compromise resolution of a Sexual Misconduct complaint.

While the time to resolve a reported incident will vary from case to case, depending on the specific facts and circumstances, it is expected that in most cases complaints will be resolved within a reasonably prompt manner. Complainant and the Respondent will be notified in writing as the matter progresses. It is the responsibility of parties to maintain and regularly check their institutional email accounts throughout the entire procedure set forth in Parts II and III.

Privacy and Confidentiality

The University values the Privacy of its students and understands that, for many victims of Sexual Misconduct, Confidentiality is a primary concern. However, certain University employees are required by state and federal laws to share information from a report of Sexual Misconduct with the University and/or governmental agencies. Even University employees who have an obligation to report and cannot guarantee Confidentiality will maintain the Privacy of the Reporting Individual to the greatest extent possible and share information only on a need-to-know basis.

Responsible Employees

A Responsible Employee must report all relevant details (obtained directly or indirectly) about the alleged Sexual Misconduct shared by the Reporting Individual to the Title IX Coordinator. Such information includes dates, times, locations, and names of parties and witnesses. A Responsible Employee will strive to maintain Privacy, and information reported to the Responsible Employee will be shared only with those having a need to know such information.

The Family Educational Rights and Privacy Act (FERPA) allows a University to share information with an individual’s parents if there is a health or safety emergency or if the individual is listed as a dependent on either parent’s prior year federal tax income form. However, the University will generally not share information about a report of Domestic Violence, Dating Violence, Stalking, or Sexual Assault with parents without the Complainant’s permission.

The ability of University employees to maintain Confidentiality is as follows:

Professional Counselors
A professional, licensed counselor whose official responsibilities include providing mental health counseling to University students, including those who act in the role of providing mental health counseling under the supervision of a licensed counselor, are not required to report any information about an incident of Sexual Misconduct disclosed while acting within the scope of his/her license or certification to the Title IX Coordinator without a victim’s permission. State law requires professional counselors to report: (i) when a patient is likely to engage in conduct that would result in serious harm to the patient or to others; or (ii) if there is reasonable cause to suspect that a minor has been sexually abused.
Students can arrange an appointment either by calling the Counseling Center at (914) 633-2038, or by coming to the Center, which is located on the second floor of Spellman Hall. For more information on counseling, please visit the Counseling Center website.
Pastoral Counselors:
A pastoral counselor is a person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling and is functioning within the scope of that recognition. A pastoral counselor is not required to report incidents of Sexual Misconduct to the Title IX Coordinator without a victim’s permission.

Campus Chaplain
Phone: (914) 633-2630

Risk Assessment/Threat Analysis of an Individual

If a Complainant reports an incident of Sexual Misconduct, but requests that no investigation into the incident be conducted, the University will assess whether it can honor the Complainant’s request while still providing a safe, nondiscriminatory environment for all members of the University community, including the Complainant. Title IX Coordinator will evaluate such request and will inform the Complainant that the University’s ability to respond may be limited. At all times, Respondent is presumed not to have violated the Policy. However, in the University’s discretion, the Respondent can be suspended on an interim basis pending the outcome of the final adjudication process particularly if deemed a continuing threat to the health and safety of the community, and other supportive measures may be imposed including No Contact Orders, change in housing or other limitations depending upon the nature of the allegations and concern for safety of the Complainant and University community.
When determining whether the Reporting Individual’s threat to campus safety the Title IX Coordinator will consider a range of factors, including, but not limited to, the following:

Whether there have been other Sexual Misconduct complaints about the same accused;
Whether the Respondent has a history of arrests or records from a prior school indicating a history of violence;
Whether the incident represents an escalation in and unlawful conduct on behalf of the Respondent from previously noted behavior;
Whether there is an increased risk that the Respondent will commit additional acts of violence;
Whether the Sexual Misconduct was committed by multiple perpetrators;
Whether the Reporting Individual’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group;
Whether the alleged Sexual Misconduct was perpetrated with a weapon;
The age of the victim; and
Whether the University has other means to obtain relevant evidence (e.g., security cameras or personal, physical evidence.)

The presence of one or more of these factors could lead the University to investigate the alleged Sexual Misconduct and, if appropriate, pursue disciplinary action in a manner that may require the University to disclose the Complainant’s identity to the Respondent. If the University determines that an investigation is required, the University will inform the Complainant and take immediate action necessary to protect and assist the Complainant. The University will take all reasonable steps to investigate and respond to the complaint while maintaining the Complainant’s Privacy to the greatest extent possible.

Reporting Individual/Anonymous Sources

If the University receives a report of alleged Sexual Misconduct by someone other than the Complainant (e.g., friend or roommate) or from an anonymous source, the University’s Title IX Coordinator will promptly notify the Complainant of the report and inform them of the available resources and assistance.

Supportive Measures

Complainants, who report allegations that could constitute covered sexual misconduct under this policy, have the right to receive supportive measures from Iona University regardless of whether they desire to file a complaint, which may include items bulleted below as appropriate. Supportive measures are non-disciplinary and non-punitive.

No Contact Order
The purpose of a No Contact order is to restore or preserve equal access to the education program or activity, including measures designed to protect the safety of all parties or the educational environment, or deter sexual misconduct. Mutual “No Contact” orders is non-disciplinary in nature, and the imposition of such an order is not and will not be viewed as an indication of the merits of the allegations;
The University may impose a No Contact Order between the Complainant and the Respondent, which typically will include a directive that the parties refrain from having contact with one another, directly or through proxies, whether in person or via electronic means, pending the fact-finding and, if applicable, the adjudication.
An individual who wishes to report a violation of a No Contact Order can contact the Title IX Coordinator or Campus Safety. If the Respondent and the Complainant observe each other in a public place, it shall be the responsibility of each to follow the terms of the No Contact Order. Individuals who violate a No Contact Order are subject to disciplinary action.
Orders of Protection
A Complainant also has the right to request the assistance of the University in acquiring an order of protection from either the Family Court or Criminal Court. Designated University staff members are available to assist in obtaining an order of protection (or, if outside New York State, an equivalent protective force or restraining order) and explain the consequences of violating such an order, including but not limited to arrest, additional conduct charges, and interim suspension. The parties are entitled to receive a copy of the order of protection or equivalent when received by the University and have an opportunity to meet with a University representative, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the Respondent’s responsibility to stay away from the protected person or persons. If the order of protection is violated, the Complainant may receive assistance from the University in calling local law enforcement to inform them of the violation.
Student Alcohol and Drug-Use Amnesty Policy
The health and safety of every student at the University is of utmost importance. The University recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to Domestic Violence, Dating Violence, Stalking, or Sexual Assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The University strongly encourages students to report Domestic Violence, Dating Violence, Stalking, or Sexual Assault to 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 University officials or law enforcement will not be subject to The University’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.
Advisors
Throughout the resolution process, each party has the right to choose and consult with an advisor. The parties may be accompanied by their respective advisors at any meeting or proceeding related to the investigation and resolution of a complaint under this Policy. Except for the limited circumstances set forth in the Title IX Grievance Procedure, advisors cannot actively participate or speak on behalf of the Complainant or Respondent. The choice of whether or not to invite an advisor is solely that of the Complainant and Respondent. At the Complainant’s request or at the Respondent’s request, the Title IX Coordinator can appoint the requesting party a trained advisor for the purposes of cross examination at the hearing under the Title IX grievance policy as explained in Part III. The Title IX Coordinator must be advised in writing that an advisor will be present. This notification must include: (1) full name and title of the advisor of choice; and (2) contact information for the advisor of choice (phone, email, and address). The University reserves the right to have its own legal counsel present during the adjudication process. If any advisor’s conduct is not consistent with these guidelines or is disruptive of the process, they may be excluded from the conduct process.

Retaliation

The University prohibits Retaliation against any person who reports Sexual Misconduct or participates in any proceeding under this Policy, including testifying as a witness. Retaliation should be reported promptly to the University’s Title IX Coordinator. Reports of Retaliation will be investigated and individuals found to have engaged in Retaliation will be subject to disciplinary action independent of the sanction(s) or supportive measures imposed in response to the underlying allegations of Sexual Misconduct.

Records of Investigations and Outcomes

Prior to obtaining access to any reports and evidence, the parties and their advisors must sign an agreement not to copy, photograph, record or disseminate any of the information provided, including but not limited to 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. Violation of this Agreement will be considered a violation of the Code of Conduct.

Records of the University

In all student cases, all information and other appropriate records will be maintained for a minimum of five (5) years from the outcome of an investigation. Transcript Policy: In accordance with Article 129-B of the New York State Education Law, if a student is found responsible through the University’s conduct process for crime(s) of violence, including, but not limited to Sexual Violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. § 1092(f)(1)(F)(i)(I)-(VIII), the University will make one of the following notations on the transcript of such student. That they were:

"suspended after a finding of responsibility for a code of conduct violation."; or "expelled after a finding of responsibility for a code of conduct violation." If a student withdraws from the University while such conduct charge(s) is pending and declines to complete the disciplinary process, the University will note on the student’s transcript "withdrew with conduct charges pending."

Sexual Assault Public Awareness Events

The University will not begin an investigation based on information that a person chooses to share during public awareness events that are designed and intended to be safe spaces for victims to share experiences. These events could include candlelight vigils, “Take Back the Night,” protests, or other public events. The University may decide, however, to use the information learned at such an event to inform its efforts for additional education and prevention efforts.

Clery Act Reporting

When reporting crimes for the purposes of Clery Act compliance, the University will not release any personally identifying information about individuals involved in the Sexual Misconduct. The Clery Act also requires the University to issue timely warnings to the University community about certain crimes that have been reported and may continue to pose a serious or continuing threat to the campus community. Consistent with the Clery Act, the University will withhold the names and personally identifying information of the Reporting Individual when issuing such timely warnings.

Prevention and Awareness Education Programs

Creating a safe and respectful environment is the responsibility of all members of the University’s community. To promote and maintain this environment, the University engages in comprehensive educational programming to prevent Sexual Misconduct (including Sexual Harassment, Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Retaliation). The University provides primary prevention and awareness programs for all incoming students and employees, and ongoing prevention and awareness campaigns for all students and employees. The University seeks to ensure that all programs are culturally relevant, responsive to community needs, and informed by research and assessed for value.

Inquiries regarding Title IX, Clery Act, the Campus SaVE Act and/or Article 129-B of the New York State Education Law may be referred to the University’s Title IX Coordinator. Questions concerning Title IX may also be referred to the Assistant Secretary of the Office for Civil Rights (OCR), U.S. Department of Education, Lyndon Baines Johnson Department of Education Building, 400 Maryland Avenue, SW Washington, DC 20202-1100 or call the OCR main numbers (800) 421-3481 FREE, TDD or (800) 877-8339 FRE or email the OCR’s New York office ocr.newyork@ed.gov or by telephone at 646-428-3800.

The University’s designated Interim Title IX Coordinator is:

Jennifer Lykins
Title IX Coordinator
Phone: (914) 633-2455
Email: TitleIX@iona.edu

Citations

¹ On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that:

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

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

² For purposes of the policy, the term “Title IX Coordinator” includes designees.

Section One - General Rules of Application

The following procedure describes the steps the University will take to address reported Sexual Misconduct that do not meet the definition of Title IX. Reports of conduct within the definition of Title IX will be addressed in Title IX Grievance Procedure. The Complainant has the right to withdraw the complaint and their involvement in the process at any time. This action may limit the University’s ability to respond irrespective of the withdrawal.

Section Two – Intake Procedure

A. Intake Meetings

Upon notice of any allegation of Sexual Misconduct, the Title IX Coordinator¹ will schedule an individual intake meeting with the Complainant either in person or virtually. At the intake meeting, the Title IX Coordinator will

provide the Complainant with a general understanding of the sexual misconduct Policy
identify forms of support or immediate assistance available to the Complainant (e.g., referrals to appropriate law enforcement agencies; referrals for medical treatment at local hospitals and trauma centers).
provide the Complainant with a written explanation of his or her rights and options with respect to his or her report of Sexual Misconduct.
discuss appropriate supportive measures concerning the Complainant’s academic schedule, College housing, and/or College employment arrangements.
explain the University’s prohibition against Retaliation and steps the University will take in response to any act of Retaliation.
seek to determine how the Complainant wishes to proceed, i.e., whether the Complainant wishes to pursue Formal Resolution, Informal Resolution, or does not wish to pursue resolution of any kind.
ascertain the facts and evidence and nature of the alleged Sexual Misconduct including name of the Respondent, and the date, location, and nature of the alleged Sexual Misconduct.

B. Notice of Allegations

After receipt of a complaint, the Title IX Coordinator will provide the Notice of Allegations to any party to the allegations. Such notice will occur as soon as practicable after the institution receives a Formal Complaint of the allegations.

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

1. Contents of Notice

The Notice of Allegations will include the following:

Notice of the institution’s Sexual Misconduct Grievance Process and a hyperlink to a copy of the process.
Notice of the allegations potentially constituting covered sexual harassment, and sufficient details known at the time the Notice is issued, such as the identities of the parties involved in the incident, if known, including the complainant; the conduct allegedly constituting covered sexual harassment; and 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.
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 including evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source;
A statement that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

C. Informal Resolution

At any time after a Formal Complaint has been filed and before a hearing commences, the parties may seek to resolve a report of prohibited conduct through Informal Resolution, an administrative process. Participation in Informal Resolution is entirely voluntary; the Universitywill neither pressure nor compel either party to participate in the process or to agree to any specific terms.

In every case, the Title IX Coordinator has discretion to determine whether the matter is appropriate for Informal Resolution and to determine the appropriate terms. There are two options for Informal Resolution.

1. Alternate Resolution

Alternate Resolution will not involve mediation, or any face-to-face meetings, between the complainant and the responding party.

Before the Title IX Coordinator approves the Alternate Resolution process or the terms of any Alternate Resolution, the Title IX Coordinator will determine that they have sufficient information about the matter to make these decisions.

Before the Alternate Resolution process commences, both the complainant and the respondent must agree to explore Alternate Resolution as a potential means of resolution.

The parties are strongly encouraged, although not required, to consult with their advisors and any support persons during the entire Alternate Resolution process.

The University will allow a Complainant or Respondent to withdraw from the Informal Resolution process at any time, where appropriate. If the Complainant wishes, the matter will be resolved pursuant to the Formal Complaint resolution process under these procedures. Title IX Coordinator may also, at their discretion, terminate the process. The Title IX Coordinator will promptly notify the parties, in writing, of a termination of the informal resolution process and the formal complaint will be investigation and adjudicated pursuant to these procedures.

The Title IX Coordinator, in collaboration with the Student Conduct Administrator will consult separately with both parties and recommend to the parties the terms of a potential Alternate Resolution agreement. Such terms may include, but are not limited to, any sanctions or remedies that could be imposed by a Decision Maker after a hearing under these proceedings.

Both parties must agree to the terms before an Alternate Resolution agreement becomes effective.

If the respondent agrees to an Alternate Resolution that provides for a suspension, withdrawal, or dismissal (i.e. expulsion) from the University there will be a transcript notation consistent with College policy.

If both parties are satisfied with the alternate resolution process, the matter will be resolved with a written agreement. The Title IX Coordinator will provide each party, separately, with a copy of the proposed agreement for the party to review, sign, and return.

Once a party has returned the signed agreement to the Title IX Coordinator, the terms of the agreement will become effective and the Title IX Coordinator will promptly notify both parties in writing that the agreement is final.

Once the agreement is effective, the parties may not appeal the agreement. The parties are expected to honor and comply with the terms of the Alternate Resolution. Noncompliance may be subject to proceedings under the Student Code of Conduct.

If the process is terminated and the matter resolved pursuant to the Formal Complaint resolution process, neither the Title IX Coordinator nor the parties will disclose to the Decision Maker or Appeal Panel either the fact that the parties had participated in the Alternate Resolution process or any information learned during the process.

Once entry of responsibility is made, Respondent may not withdraw from this informal resolution.

2. Acceptance of Responsibility

A respondent may choose to resolve a formal complaint informally by accepting responsibility for the allegations therein. Upon accepting responsibility for one or more allegations in a formal complaint, a finding of responsibility will be entered and the matter will be transferred to the Student Conduct Administrator for imposition of sanction, only. Prior to imposing sanction, the Student Conduct Administrator will review and consider all information about the allegations that are available and known to the University, impact statements of the parties, and any prior disciplinary history.

Once entry of responsibility is made, Respondent may not withdraw from this informal resolution.

D. Formal Resolution

If a matter cannot be resolved through the Informal Resolution process or if the Complainant and/or Respondent chooses not to proceed informally, the Complainant and/or Respondent may seek Formal Resolution. During all phases of the Formal Resolution process, the parties will be provided with advance written notice of any meeting they are required or eligible to attend.

1. Investigation

Upon initiation of the formal resolution process, the University will undertake a neutral fact-finding process and investigate promptly, thoroughly, and impartially. At all times, the Respondent is presumed non-responsible until the determination of a final conclusion of this matter.

Promptly after receiving a decision from the Complainant to proceed with the Formal Resolution process, the Title IX Coordinator will provide the Respondent with written notification that a complaint of Sexual Misconduct has been filed, the date, time, location and factual allegations concerning the alleged violation, and a list of possible sanctions. The Title IX Coordinator will arrange an intake meeting to discuss the allegations against the Respondent and their rights under this Policy.

The Title IX Coordinator will promptly appoint a trained investigator or investigators to conduct the fact-finding. The Title IX Coordinator will provide the investigator(s) with the names of the Complainant and Respondent, and the date, location, and nature of the alleged Sexual Misconduct. Generally, the Department of Campus Safety participates in the investigations in most student-on-student Sexual Misconduct cases.

A party wishing to challenge the participation of the investigator(s) must notify the Title IX Coordinator, in writing, within twenty-four (24) hours of delivery of the written notice of investigation. The party must state the specific reason(s) for the party’s objection. The Title IX Coordinator will then review the appointment of the investigator(s) and assess whether the investigator(s) will handle complaints impartially and objectively. When appropriate, the Title IX Coordinator may appoint a different investigator.

The investigation will commence promptly after delivery of the notification. During the investigation, each party will have an equal opportunity to submit evidence, identify witnesses, and submit questions that may be directed by the investigator(s) to the other party or to any witness in the discretion of the investigators. The investigator(s) will collect and review evidence it deems necessary or helpful to the investigation of the alleged Sexual Misconduct. The investigation will include individual interviews with the parties involved and with individuals who may have observed the alleged misconduct or may have other relevant knowledge. The investigation may also include examination of medical records, surveillance video, cell phone and other electronic records, and other evidence. The investigators will write a report and provide it to the Title IX Coordinator at the conclusion of the investigation.

The Complainant and Respondent will each have an opportunity to review the investigative report and any evidence gathered in the presence of a College official or in a manner determined by the Title IX Coordinator. In response to the investigative report, both the Complainant and the Respondent will be given the opportunity to make corrections and submit a written statement no longer than five type written pages within three (3) business days of reviewing the report.

Section 3 - Hearing Procedure

A. The Sexual Misconduct Grievance Hearing

After Complainant and Respondent have reviewed the investigative report, the Title IX Coordinator will notify both parties of the date, time and location of the hearing and the names of the Hearing Committee. The Hearing Committee will be comprised of one to three members. Complainant and Respondent may challenge a hearing committee member by providing a written reason to the Title IX Coordinator within twenty-four (24) hours of delivery the hearing notice. The Title IX Coordinator will review and evaluate the objection and replace the Committee member when appropriate.

The hearing is a closed proceeding; no one other than the Hearing Committee members, the Respondent and the Complainant, and their respective advisors, witnesses (when called), and necessary College personnel may be present in the hearing room or rooms during the proceeding.

1. Pre-Hearing Submissions

In addition to the written statements submitted by the parties, the parties will provide the Title IX Coordinator with a list of witnesses they wish the Hearing Committee to call, copies of documents, and a description of any other information they propose to present at the hearing at least three (3) business days prior to the hearing. The Hearing Committee will determine whether such witnesses and documents are deemed relevant to the Hearing. The Title IX Coordinator will provide each party with a copy of the list of witnesses and copies of documents or other information submitted by each party. A party wishing to challenge the admittance of evidence and/or witnesses must notify the Title IX Coordinator, in writing, at least twenty-four (24) hours before the hearing date. The party must state the specific reason(s) for the party’s objection. The Hearing Committee will determine whether the challenge has merit, the relevance of any proposed evidence, and whether to include or exclude certain types of evidence.

In the absence of good cause, as determined by the Hearing Committee, the parties may not introduce witnesses, documents, or other information at the hearing that were not provided by this deadline.

2. Process of the Sexual Misconduct Hearing

The hearing will take place on the date and time specified in the notice of hearing. Any notice of postponement will be conveyed to the parties in writing. The hearing will be recorded or transcribed in the discretion of the TIX Coordinator. Both the Complainant and the Respondent have the right to be present at the hearing and may request to participate virtually. The hearing is a closed proceeding not open to the public or persons with no legitimate reason to attend.

As a non-adversarial process, the hearing will not follow a courtroom model, and formal rules of evidence will not be observed. The Hearing Committee will determine the order of the witnesses and resolve any questions of procedure arising during the hearing. The Hearing Committee will ask for all necessary witnesses to be present, or to have provided written statements in lieu of attending the hearing. This may be done as necessary to accommodate a witness who cannot be present. The Hearing Committee will review in advance of the hearing all the written materials provided.

Only the Hearing Committee may question the individual parties and any witnesses unless permission is granted to modify the questioning process. The Complainant and Respondent will have the opportunity to suggest questions of the other party and/or of witness. The Complainant and Respondent must submit suggested questions to the Hearing Committing in writing. The Hearing Committee reserves the right to decline to ask questions submitted by a party where it determines that the information sought is not relevant to the Resolution process.

In general, any information or questioning about the prior sexual history of the Complainant or Respondent with individuals other than the other party is precluded and will not be admitted as evidence at the hearing. Additionally, any information or questioning about either party’s mental health history diagnosis, and/or treatment is precluded and will not be admitted into evidence at the hearing. Prior acts of sexual misconduct will not be considered in the hearing. After all witnesses have been questioned, each party may make a closing statement.

If either party fails to appear at the scheduled hearing, the Hearing Committee may, but is not required to, postpone the proceedings if there is a legitimate documented reason for the absence, or proceed and determine the complaint on the basis of the evidence available, provided the absent party was duly notified of the scheduled hearing date.

If the Hearing Committee determines that unresolved issues exist that would be clarified by the presentation of additional information, the Hearing Committee may suspend the hearing and reconvene it in a timely manner to receive such information. A delay may not be based on the failure of witnesses to appear without good cause or on the proposed introduction of documents, which were readily available at the time of the hearing.

3. Determination

In all investigations into alleged Sexual Misconduct, the University will evaluate evidence under a “preponderance of the evidence” standard. A preponderance of the evidence means that the Hearing Committee, after careful consideration of the evidence has determined that it is “more likely than not” that the Respondent violated this Policy. The Hearing Committee must decide if the Respondent is responsible or not responsible. The Hearing Committee will provide a written statement of such determination the Title IX Coordinator with support for each finding.

4. Complainant and Respondent Impact Statements

Promptly after the conclusion of the hearing, both the Complainant and Respondent will be given access to the record of the hearing and offered an opportunity to provide an impact statement to the Student Conduct Administrator before determination of appropriate sanctions. The record of the hearing may not be copied.

The impact statement may be no longer than five (5) singled-spaced typed pages, using size 12 Times New Roman font and 1-inch margins. The impact statement is the student’s opportunity to discuss his or her experience and the incident in question, as well as respond to how the investigation and hearing was conducted and any areas of agreement or/disagreement with the investigation or hearing or determination of the Hearing Committee. The impact statement may not seek to introduce new evidence.

This impact statement must be provided to the Title IX Coordinator who will provide it to the opposing party as well as the Hearing Committee.

Section Four – Sanctions

Sanctions

The Hearing Committee report and impact statement if any will be given to the Student Conduct Administrator for determination of appropriate sanctions. Sanctions may include, but are not limited to, one or more of the following that are determined to be fair and proportionate to the violation:

Reprimand or warning
Changing the Respondent’s academic schedule
Disciplinary probation
Postponement of degree conferral
Revocation of honors or awards
Restricting the Respondent’s access to College facilities or activities
Community service
Issuing a No Contact Order to the Respondent or requiring that such an order remain in place
Dismissal from or restricting or reassignment of College employment
Suspension (limited time or indefinite)
Expulsion

In determining appropriate sanctions, the Student Conduct Administrator will consider any record of past violations of College policies, as well as the nature and severity of such past violation(s). The Student Conduct Administrator will consider as part of the deliberations whether the Respondent poses a continuing risk to the Complainant and/or the University community. The imposition of sanctions is meant to eliminate Sexual Misconduct, prevent its recurrence, and remedy its effects, while ensuring a safe and non-discriminatory environment for the entire College community.

The Title IX Coordinator or Student Conduct Administrator will notify Respondent in writing of any sanctions determination and will notify Complainant at the same time as Respondent. The determination letter will contain the following information: (i) the name of the Respondent; (ii) whether the Respondent has been found responsible or not responsible for specific violation(s) of this Policy; (iii) a list of the possible sanctions ; (iv) the sanctions actually imposed; (v) the rationale for the sanctions imposed; (vi) the University’s appeal process; (vii) any change to the results that occur prior to the time that the results become final; and (viii) when the results become final.

The University does not publicly release underlying information regarding investigations unless required by law. However, after students are provided with an outcome, a student can choose whether to disclose or discuss the outcome of the conduct process.

Section Five – Appeal

Appeal

Either party may appeal the Hearing Committee’s determination and/or the disciplinary decision. A party has three (3) grounds under which to appeal the University’s determination:

(i) the Hearing Committee committed procedural errors that had a significant impact on the outcome of the case,
(ii) there is new evidence that was not reasonably available at the time of the hearing before the Hearing Committee, or
(iii) the sanctions are not consistent with past practices or the severity of the alleged Sexual Misconduct.

Final sanctions are in effect until any timely appeal of the decision is resolved. The Student Conduct Administrator may suspend the determination pending exhaustion of appeal, allow the student to attend classes or other activity on a supervised or monitored basis, or make such other modifications to the determination as may be advisable. Supportive measures will remain in effect until the appeal is resolved.

A party wishing to appeal the findings of the Hearing Committee and/or sanctions imposed must file an appeal within seven (7) business days of delivery of the decision letter of the Hearing Committee’s finding and the sanctions. The appeal must contain the party’s grounds for the appeal. The party should submit copies of any and all material the party wishes to provide as evidence for the appeal. Additionally, the party can submit a written statement that is no longer than five (5) single-spaced typed pages, using size 12 Times New Roman font and 1-inch margins.

If either the Complainant or the Respondent submits an appeal, the Title IX Coordinator will notify the other party after receipt of the appeal. The non-appealing party is given an opportunity to review the appealing party’s submissions and material and submit a written response. The response can be no longer than five (5) single-spaced typed pages, using size 12 Times New Roman font and 1-inch margins. The written response must be submitted within seven (7) business days after the appealing party submits a formal appeal.

The Title IX Coordinator will select a three-person committee (“Appeals Committee”), which shall not include members of the Hearing Committee. The Appeal Committee will first evaluate whether the criteria for appeal as stated above is met. If criteria are not met, the appeal will be dismissed. Except for appeals brought under (ii) above, the Appeal Committee’s entire review process will be based on the party’s appeal, the non-appealing party’s response to the appeal, if any, and the Hearing Committee’s record of the case. Otherwise, no additional evidence is allowed, and no witnesses may be heard.

The Appeals Committee will make a final determination on the appeal and will report such determination in writing. The Appeals Committee shall review the appeal, the non-appealing party’s response to the appeal, if any, the record of the case, and, if applicable, any new evidence pursuant to (ii) above and issue a final determination letter to the Respondent and the Complainant. The Appeals Committee shall render its decision in writing promptly after review of the materials provided. Should an Appeal Committee determine that one or more of the criteria of a successful appeal has been met, that Committee shall:

dismiss the finding;
modify the finding; or
refer the matter to the appropriate hearing body for further review.

Once it has been determined that the appeal has been denied or modified, the matter is concluded.

Citations

¹ For purposes of this Policy, the term “Title IX Coordinator” includes their designee(s).

Section One - General Rules of Application

A. Title IX Grievance Procedure

The following procedure describes the steps the University will take to address reported Sexual Misconduct that meet the definition of Title IX. Reports of conduct that do not meet the definition of Title IX will be addressed in Sexual Misconduct Grievance Procedure. The Complainant has the right to withdraw the complaint and their involvement in the process at any time. This action may limit the University’s ability to respond irrespective of the withdrawal.

B. Effective Date

This Title IX Grievance Policy is effective as of August 14, 2020, and will only apply to formal complaints of sexual harassment brought on or after August 14, 2020.¹

Section Two – Jurisdiction

A. Jurisdiction

The Title IX Coordinator² will determine if the Title IX Grievance Process should apply to the Formal Complaint. The Process will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator:

The conduct is alleged to have occurred in Iona University’s education program or activity. This includes but is not limited to in-person conduct as well as actions taken virtually, electronically and through social media.
The conduct is alleged to have occurred on or after August 14, 2020;
The conduct is alleged to have occurred in the United States;
The alleged conduct, if true, would constitute covered sexual harassment as defined in the Title IX Grievance Procedure; and
Complainant is currently participating in, or attempting to participate in, the education programs or activities of Iona University.
Respondent is any individual who has been reported to be the perpetrator of conduct that could constitute covered sexual harassment.

If all of the elements are met, the University will investigate the allegations according to this Grievance Process.

B. Definitions of Title IX per the Final Rule

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:

An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo)³
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;
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;
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.
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 State.
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: Conduct that does not meet one or more of these criteria may still be prohibited under the Code of Conduct or Sexual Misconduct Grievance Procedure and will be addressed thereunder.

C. Mandatory Dismissal

If any of the elements of jurisdiction and definition of sexual harassment as stated above are not met, the University will dismiss the Title IX matter per the Mandatory Dismissal directive of the Final Rule, and will utilize existing policy in the Code of Conduct and/or Sexual Misconduct Procedure or Discrimination and Harassment Policy. This dismissal may be appealed per the Appeal procedure below.

D. 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 at Iona University; or,
If specific circumstances prevent the University from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.

The following examples of situations that may present “special circumstances” supporting dismissal:

When no complainant is identified during the investigation.
When a formal complaint contains allegations that are precisely the same as allegations the recipient has already investigated and adjudicated.
When the length of time elapsed between an incident of alleged sexual harassment, and the filing of a formal complaint, prevent a recipient from collecting enough evidence to reach a determination.
When the complainant has stopped participating in the investigation but has not sent a written withdrawal request and the only inculpatory evidence available is the complainant’s statement in the formal complaint or as recorded in an interview by the investigator.

E. Notice of Dismissal

Upon reaching a decision that the Formal Complaint will be dismissed, the University 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. Any party may appeal a dismissal determination using the process set forth in “Appeals”.

Section Three – Intake Procedure

A. Filing a Formal Complaint

The Title IX Grievance Procedure begins with the filing of a Formal Complaint. The Grievance Procedure will be concluded within a reasonably prompt manner , and no longer than one hundred and twenty (120) 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 administrative delay, 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 in Part I of the Sexual Misconduct Policy.

To file a Formal Complaint, a Complainant must provide the Title IX Coordinator a written (including email), 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 Iona University.

If a Complainant does not wish to make a Formal Complaint, the Title IX Coordinator may determine a Formal Complaint is necessary if it is determined in good faith that failure to investigate does not adequately mitigate a potential risk of harm to the reporting individual or other members of the community. The University will use the Risk Assessment/Threat Analysis of an Individual as explained in Part 1, section XX of the Sexual Misconduct Policy. The University will inform the complainant of this decision in writing, and take immediate interim action if necessary, to protect and assist the Complainant. The University will take all reasonable steps to investigate and respond to the complaint while maintaining the Complainant’s Privacy to the greatest extent possible.

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

B. Informal Resolution

At any time after a Formal Complaint has been filed and before a hearing commences, the parties may seek to resolve a report of prohibited conduct through Informal Resolution, an administrative process. Participation in Informal Resolution is entirely voluntary; the University will neither pressure nor compel either party to participate in the process or to agree to any specific terms.

1. Alternate Resolution

Alternate Resolution will not involve mediation, or any face-to-face meetings, between the complainant and the responding party.

Before the Alternate Resolution process commences, both the complainant and the respondent must agree to explore Alternate Resolution as a potential means of resolution.

The parties are strongly encouraged, although not required, to consult with their advisors and any support persons during the entire Alternate Resolution process.

Both parties must agree to the terms before an Alternate Resolution agreement becomes effective.

2. Acceptance of Responsibility

A respondent may choose to resolve a formal complaint informally by accepting responsibility for the allegations therein. Upon accepting responsibility for one or more allegations in a formal complaint, a finding of responsibility will be entered and the matter will be transferred to the Student Conduct Administrator for imposition of sanction, only. Prior to imposing sanction, the Student Conduct Administrator will review and consider all information about the allegations that are available and known to the University impact statements of the parties, and any prior disciplinary history.

Once entry of responsibility is made, Respondent may not withdraw from this informal resolution.

C. Notice of Allegations

The Title IX Coordinator will draft and provide the Notice of Allegations to both parties to the misconduct allegations in the Formal Complaint. Such notice will occur as soon as practicable after the institution receives a Formal Complaint of the allegations, if there are no extenuating circumstances.

A) Contents of Notice

The Notice of Allegations will include the following:

Notice of the institution’s Title IX Grievance Process and a hyperlink to a copy of the process.
Notice of the allegations potentially constituting covered sexual harassment, and sufficient details known at the time the Notice is issued, such as the identities of the parties involved in the incident, if known, including the complainant; the conduct allegedly constituting covered sexual harassment; and 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.
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;
A statement that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

B) 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.

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 will be provided to a party whose participation is invited or expected.

D. Advisor of Choice and Participation of Advisor of Choice

The parties will be provided with equal access to advisors and support persons; any restrictions on advisor participation will be applied equally.

The University 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.

Meetings and hearings will not be intentionally scheduled 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.

The University’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 the University cannot agree to extensive delays solely to accommodate the schedule of an Advisor. The determination of what is reasonable shall be made by the Title IX Coordinator or designee who 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, and may offer the party the opportunity to obtain a different Advisor or utilize one provided by the University.

Section Four – Investigation

The Title IX Coordinator will appoint a trained investigator or investigators to conduct the fact-finding. The Title IX Coordinator will provide the investigator(s) with the names of the Complainant and Respondent, and the date, location, and nature of the alleged misconduct. Generally, the Department of Campus Safety participates in the investigations involving Title IX matters.

A. General Rules of Investigations

The Investigator(s) designated by the Title IX Coordinator will perform an investigation under a reasonably prompt timeframe of the conduct alleged to constitute covered sexual harassment after issuing the Notice of Allegations.

The University 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.

The University 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 University 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.

B. 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:

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

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 other designated format. 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 institution will provide copies of the parties’ written responses to the investigator to all parties and their advisors, if any.

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

C. Inclusion of Evidence Not Directly Related to the Allegations

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

D. Investigative Report

The Investigator will create an Investigative Report that fairly summarizes relevant evidence, will provide that Report to the parties at least ten (10) calendar days prior the hearing in an electronic or hard copy format for each party’s review and written response.

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

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

The investigator may redact irrelevant information from the Investigative Report when that information is contained in documents or evidence that is/are otherwise relevant.

Section Five – Hearing Procedure

A. The Title IX Grievance Hearing

After Complainant and Respondent have reviewed the investigative report, the Title IX Coordinator will notify both parties of the date, time and location of the hearing and the names of the Hearing Committee. The Hearing Committee will be comprised of one to three Administrative Hearing Officers . 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. Complainant and Respondent may challenge a hearing committee member by providing a written reason to the Title IX Coordinator within twenty-four (24) hours of delivery the hearing notice. The Title IX Coordinator will review and evaluate the objection and replace the Committee member when appropriate.

A) GENERAL RULES OF HEARINGS

The University will not issue a disciplinary sanction arising from an allegation of covered sexual harassment without holding a live hearing conducted with all parties physically present in the same geographic location, or, at the University’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually through a video conferencing option such as Zoom. This technology will enable participants simultaneously to see and hear each other. The University may determine to conduct all elements of investigations, meetings, and hearings in a completely virtual format. At its discretion, the University may delay or adjourn a hearing based on technological errors not within a party’s control.

All proceedings will be recorded using Zoom record features or other method determined by the Title IX Coordinator. That recording or transcript will be made available to the parties for inspection and review.

B) HEARING PROCEDURES

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

Administrative Hearing Officer will open and establish rules and expectations for the hearing;
The Parties will each be given the opportunity to provide opening statements;
Administrative Hearing Officer will ask questions of the Parties and Witnesses;
Parties will be given the opportunity for live cross-examination after Administrative Hearing Officer conducts its initial round of questioning; During the Parties’ cross-examination, Administrative Hearing Officer will have the authority to pause cross-examination at any time for the purposes of asking the Administrative Hearing Officer’s own follow up questions; and any time necessary in order to enforce the established rules of decorum.
Should a Party or the Party’s Advisor choose not to cross-examine a Party or Witness, the Party shall affirmatively waive cross-examination through a written or oral statement to the Administrative Hearing Officer.

C) 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 cannot waive the right to a live hearing.
The University will not threaten, coerce, intimidate or discriminate against the party in an attempt to secure the party’s participation.
Regardless of whether a party participates in all or part of cross examination, and regardless of whether a statement offered as part of testimony at the hearing or offered prior to the hearing (such as in a police report or witness interview) is subject to cross examination, the decision maker may rely on such statement, where relevant to the determination.
The decision-maker 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.
The parties and advisors and witnesses will maintain appropriate decorum and may be asked to leave the hearing if they fail to do so after being asked.

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 University 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.

Witnesses

Witnesses cannot be compelled to participate in the live hearing, and have the right not to participate in the hearing free from retaliation.
Regardless of whether a witness participates in all or part of cross examination, and regardless of whether a statement offered as part of testimony at the hearing or offered prior to the hearing (such as in a police report or witness interview) is subject to cross examination, the decision maker may rely on such statement, where relevant to the determination.
A witness’s identity cannot remain anonymous. In most cases, the identity of the person who provided certain information is a necessary component and others will need to be able to fully understand what was provided.
Parties may be allowed to call character witnesses and “expert witnesses”. Both will be subject to cross examination.

D) LIVE CROSS-EXAMINATION PROCEDURE/RELEVANCE

CROSS EXAMINATION: 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.
RELEVANCE: Before any cross-examination question is answered, the Administrative Hearing Officer will determine if the question is relevant.

The following may be deemed irrelevant:

questions regarding privileged information.
undisclosed medical records, including about a parties’ mental health.
duplicative questions if they have been asked and answered.

Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless:

such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

If a question is relevant but offered in an abusive or argumentative manner, the decision-maker has the discretion to ask the advisor to rephrase the question in an appropriate manner, consistent with the institution’s decorum policy for hearings. (For additional guidance on relevance see Part IV, Definitions and Hearing Considerations.)

E) Review of Transcript/Recording

The recording of the hearing will be available for review by the parties within five (5) business days unless there are any extenuating circumstances. The recording of the hearing will not be provided to parties or advisors of choice.

F) Complainant and Respondent Impact Statements

This impact statement must be provided to the Title IX Coordinator who will provide it to the opposing party as well as the Hearing Committee.

G) Determination Regarding Responsibility

A hearing panel will reach a decision, based on majority vote, on whether the respondent has violated the University policy and provide the decision to the Title IX Coordinator. The Title IX Coordinator will provide the decision maker/hearing panel decision to the Student Conduct Officer for the disciplinary sanction.

Standard of Proof
Iona University uses the preponderance of the evidence standard for investigations and determinations regarding responsibility of formal complaints covered under this Policy. This means that the investigation and hearing determine whether it is more likely than not that a violation of the Policy occurred.
Components of the Determination Regarding Responsibility
The written Determination Regarding Responsibility and disciplinary sanction 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 Code of Conduct, if any, the respondent has or has not violated.
5. 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
6. The recipient’s procedures and the permitted reasons for the complainant and respondent to appeal (described in “Appeal”).

Section Six - Sanctions

Reprimand or warning
Changing the Respondent’s academic schedule
Disciplinary probation
Postponement of degree conferral
Revocation of honors or awards
Restricting the Respondent’s access to College facilities or activities
Community service
Issuing a No Contact Order to the Respondent or requiring that such an order remain in place
Dismissal from or restricting or reassignment of College employment
Suspension (limited time or indefinite)
Expulsion

Section Seven - Appeal

Either party may appeal the Hearing Committee’s determination and/or the disciplinary decision. A party has four (4) grounds under which to appeal the University’s determination:

procedural irregularity affected the outcome;
new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome; and/or
the Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias that affected the outcome
the sanctions are not consistent with past practices or the severity of the alleged Sexual Misconduct.

Final sanctions are in effect until any timely appeal of the decision is resolved. The Student Conduct Administrator may suspend the determination pending exhaustion of appeal, allow the student to attend classes or other activity on a supervised or monitored basis, or make such other modifications to the determination as may be advisable. supportive measures will remain in effect until the appeal is resolved.

dismiss the finding;
modify the finding; or
refer the matter to the appropriate hearing body for further review.

Once it has been determined that the appeal has been denied or modified, the matter is concluded.

Section Eight - 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 Code of Conduct/ Sexual Misconduct Policy and Sexual Misconduct Grievance Procedure.

Citations

¹ On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that:

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

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

² For purposes of the policy, the term “Title IX Coordinator” includes their designees.

³ Employee complaints should be brought under the Harassment and Discrimination Policy

General Definitions
Term	Definition
Affirmative Consent	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 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. The following six principles, along with above definition, will be used to evaluate whether sexual activity was consensual: Consent to any sexual act or prior consensual 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. Consent cannot be given when it is the result of any coercion, intimidation, force, threat of harm. When consent is withdrawn or can no longer be given, sexual activity must stop.
Complainant	The individual who reportedly experienced sexual misconduct, regardless of whether such individual reports such sexual misconduct to the University or participates in the University’s conduct process for responding to complaints of sexual misconduct described herein.
Confidentiality	May be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with state and federal law, including but not limited to 20 U.S.C. 1092 (f) and 20 U.S.C. 1681 (a). Licensed mental health counselors, medical providers, and pastoral counselors are examples of College employees who may offer Confidentiality.
Force	The use of physical violence and/or imposing on someone physically to engage in sexual contact or intercourse. Force can also include threats, intimidation (implied threats), or coercion used to overcome resistance. The use of force to cause someone to engage in sexual activity is, by definition, non-consensual contact, and is prohibited.
Incapacitation	Occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by a 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.
Intimidation	Implied threats that reasonably cause another to fear for his/her safety or well-being.
No Contact Order	A directive prohibiting contact between or among designated individuals through any means, direct or indirect, including personal contact, email, telephone, text message, social media, or by means of a third party.
Privacy	May be offered by an individual when such individual is unable to offer Confidentiality under the law but shall still not disclose information learned from a reporting individual or Bystander to a crime or incident more than necessary to comply with applicable laws, including informing appropriate College employees.
Reporting Individual	Encompasses the terms victim, survivor, Complainant, claimant, witness with victim status, or any other term used by the University to reference an individual who brings forth a report of a violation of this Policy.
Respondent	The individual alleged to have committed acts constituting sexual misconduct, regardless of whether such individual has entered into the University’s conduct process for responding to complaints of sexual misconduct described herein.
Responsible Employee	A Responsible Employee is a College employee who has the authority to redress sexual misconduct, who has a duty to report incidents of sexual misconduct, or who a student could reasonably believe has this authority or duty. This definition encompasses virtually every College employee, including all faculty, staff, and administrators. A Responsible Employee must report all relevant details about the learned incident to the Title IX Coordinator.
Retaliation	Taking any adverse action or attempting to take adverse action against a person for making a good faith report of sexual misconduct or participating in any proceeding under this Policy. Retaliation includes intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s complaint of sexual misconduct or participation in an investigation or proceeding related to alleged sexual misconduct.

Prohibited Conduct

The descriptions below are definitions of prohibited conduct. Reports of prohibited conduct that meet the sexual harassment definition and jurisdiction requirements under Title IX grievance policy will be addressed under Part III of this policy. All other prohibited conduct will be addressed under Part II of this policy or if applicable, the Discrimination and Harassment Policy, or Student Conduct Policy.

Prohibited Conduct Terms and Definitions
Term	Definition
Cyberstalking	The use of technology to stalk, harass, or threaten another person, often used in conjunction with offline stalking.
Dating Violence	(As defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), 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.
Domestic Violence	(As defined in the VAWA amendments to the Clery Act), 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 State.
Sexual Activity	Includes any “sexual act” or “sexual contact.” A “sexual act” means (a) contact between the penis and vulva or the penis and the anus where penetration occurs, however slight; (b) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (c) the penetration, however slight of the anal or genital opening of another by hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (d) the intentional touching, not through the clothing of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. “Sexual contact” means the intentional touching, either directly or through the clothing of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with intent to abuse, humiliate, harass, degrade or arouse or gratify the sexual desire of any person.
Sexual Assault	(As defined in the Clery Act), includes any sexual activity directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent.
Sexual Coercion	The application of unreasonable pressure, including emotionally or physically manipulative actions or statements, or direct or implied threats, in order to compel the person to engage in sexual activity.
Sexual Exploitation	Abuse or exploitation of another person’s sexuality without consent, for the perpetrators own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited. Examples of Sexual Exploitation include: Causing or attempting to cause the incapacitation of another person for purposes of comprising that person’s ability to give Affirmative Consent to the sexual activity; Causing the prostitution of another person; Electronically recording, photographing, or transmitting intimate or sexual utterances, sounds or images of another person without the person’s consent; Disseminating or posting images of private sexual activity; Engaging in voyeurism; Distributing intimate or sexual information about another person; and/or Knowingly exposing another individual to a sexually transmitted infection or virus without the other individual’s knowledge.
Sexual Harassment	Means unwelcome conduct of a sexual nature, including but not limited to, sexual advances, requests for sexual favors, and other verbal, nonverbal, graphic or physical conduct of a sexual nature, when: Submission to, or rejection of, such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, education or campus life activities, or used as the basis of any academic, student life or employment decision (quid pro quo); or Such conduct is sufficiently severe, persistent, or pervasive such that it unreasonably interferes with, or limits an individual’s ability to participate in, or benefit from, the University’s education or work programs or activities (hostile environment). Whether a hostile environment has been created will be evaluated from both a subjective and an objective perspective. For the purposes of Title IX grievance process, sexual harassment is defined as conduct, on the basis of sex, that: An employee conditioning educations benefits on participation in unwelcome sexual conduct (i.e., quid pro quo) Unwelcome conduct (by anyone) that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a personal equal access to the educational institution’s education program or activity; or Sexual assault (as defined in the Clery Act), or dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA)
Sexual Misconduct	A broad term that encompasses a wide range of prohibited behaviors of a sexual nature that is committed without consent or by intimidation, coercion, threat, or force. Sexual Misconduct includes, but is not limited to, Sexual Assault, Sexual Coercion, Sexual Exploitation, Sexual Harassment, Dating Violence, Domestic Violence, and stalking.
Sexual Violence	Refers to a sexual act perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of Sexual Violence, including Rape, Sexual Assault, Sexual Battery, Sexual Abuse, and Sexual Coercion. School employees, other students, or third parties can carry out Sexual Violence.
Stalking	(as defined in the VAWA amendments to the Clery Act), 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.

Conduct that violates the University Policy may also violate New York State laws and subject the perpetrator to criminal prosecution. Sex Offenses under New York law are described in Sections 130.00 to 130.96 of the New York State penal Code, are available here.

Students’ Bill of Rights

The following Students’ Bill of Rights lists the rights students have when reporting sexual offenses (sexual assault, stalking), relationship violence (dating violence, domestic violence), and any other sexual activity that otherwise violates the University’s code of conduct, to the designated administrators of the University.

All students have the right to:

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

Relevance

Basically, a relevant question will ask whether the facts material to the allegations under investigation are more or less likely to be true. A question not directly related to the allegations will generally be irrelevant. Relevance decisions should be made on a question-by-question basis, looking narrowly at whether the question seeks information that will aid the decision-maker in making the underlying determination. The relevance decision should not be based on who asked the question, their possible (or clearly stated) motives, who the question is directed to, or the tone or style used to ask about the fact. Relevance decisions should not be based in whole or in part upon the sex or gender of the party for whom it is asked or to whom it is asked, nor based upon their status as complainant or respondent, past status as complainant or respondent, any organizations of which they are a member, or any other protected class covered by federal or state law (e.g. race, sexual orientation, disability).

Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless:

such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

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.

Parties may be allowed to call character witnesses and “expert witnesses”. Both will be subject to cross examination. The Administrative Hearing Officer will afford their testimony appropriate weight in making a determination.

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 Administrative Hearing Officer may draw an adverse inference as to that party or witness’ credibility.

Sexual Misconduct Policy Prior to August 1, 2024

Primary tabs

Section 1 – Sexual Misconduct Policy Overview

A. Notice of Non-Discrimination and Policy Statement

B. Information on This Policy

C. Title IX Limitation

D. Determining Jurisdiction

Section 2 - Elements in Common of Sexual Misconduct Policy and Title

IX Grievance Policy

Resources and Reporting Options

Medical Assistance and Counseling

Law Enforcement Notification

University Notification

Delays

Meetings

Notification of Rights at the Time of First Disclosure

University Counseling Resources

Time for Reporting

Privacy and Confidentiality

Responsible Employees

Risk Assessment/Threat Analysis of an Individual

Reporting Individual/Anonymous Sources

Supportive Measures

Retaliation

Records of Investigations and Outcomes

Records of the University

Sexual Assault Public Awareness Events

Clery Act Reporting

Prevention and Awareness Education Programs

Citations

Section One - General Rules of Application

Section Two – Intake Procedure

A. Intake Meetings

B. Notice of Allegations

1. Contents of Notice

C. Informal Resolution

1. Alternate Resolution

2. Acceptance of Responsibility

D. Formal Resolution

1. Investigation

Section 3 - Hearing Procedure

A. The Sexual Misconduct Grievance Hearing

1. Pre-Hearing Submissions

2. Process of the Sexual Misconduct Hearing

3. Determination

4. Complainant and Respondent Impact Statements

Section Four – Sanctions

Sanctions

Section Five – Appeal

Appeal

Citations

Section One - General Rules of Application

A. Title IX Grievance Procedure

B. Effective Date

Section Two – Jurisdiction

A. Jurisdiction

B. Definitions of Title IX per the Final Rule

C. Mandatory Dismissal

D. Discretionary Dismissal

E. Notice of Dismissal

Section Three – Intake Procedure

A. Filing a Formal Complaint

B. Informal Resolution

1. Alternate Resolution

2. Acceptance of Responsibility

C. Notice of Allegations

A) Contents of Notice

B) Ongoing Notice

D. Advisor of Choice and Participation of Advisor of Choice

Section Four – Investigation

A. General Rules of Investigations

B. Inspection and Review of Evidence

C. Inclusion of Evidence Not Directly Related to the Allegations

D. Investigative Report

Section Five – Hearing Procedure

A. The Title IX Grievance Hearing

A) GENERAL RULES OF HEARINGS

B) HEARING PROCEDURES

C) PARTICIPANTS IN THE LIVE HEARING

Complainant and Respondent