Title IX

Discrimination, Harassment and Sexual Misconduct Prevention Policy

New York Chiropractic College (NYCC) is a professional community committed to the study, teaching, and practice of health sciences. Acts of discrimination, harassment, sexual assault, dating violence, domestic violence, and stalking are antithetical to NYCC’s mission and values and will not be tolerated. This policy is intended to educate the NYCC community about these issues and thereby to prevent such incidents from occurring and also explain the way in which NYCC will respond to incidents in the event they occur.

Scope of Policy

This policy applies to all students, faculty and staff of NYCC. This policy applies to interactions between members of NYCC on campus or off campus in connection with any NYCC-sponsored program or activity. Further, even off-campus conduct that occurs outside an NYCC-sponsored program or activity may violate this policy if the conduct creates a threatening or uncomfortable work or learning environment on NYCC’s campus or within an NYCC program, or if the incident causes concern for the safety or security of NYCC’s campus. Visitors to campus (e.g., alumni, family of students, vendors, etc.) are expected to abide by the behavioral expectations in this policy. Applicable law protects employees (including unpaid interns and trainees), students, and non-employees (including independent contractors) and those employed by companies contracting to provide services to the College, regardless of immigration status. A perpetrator of sexual harassment can be a superior, subordinate, student, faculty member, staff member, administrator, independent contractor, contract worker, vendor, client, customer, or visitor.

File a Complaint

Definitions of Prohibited Conduct

Discrimination

NYCC defines discrimination as an educational or employment-related decision that disadvantages a person that occurs because of the affected individual's race, color, religion, ethnic or national origin, gender, age, disability, predisposing genetic characteristics, sexual orientation, gender identity, self-identified or perceived sex, gender expression, transgender status, military or veteran's status, marital status, or any other characteristic protected by applicable law.

This policy does not apply to decisions relating to requests for reasonable accommodation due to a disability. Academic disability accommodations are handled by the Academy for Academic Excellence and Student Success (AAESS) office and pursuant to that office's policies. Work-related disability accommodations are handled by the Human Resources Office and pursuant to that office's policies.

Harassment (Other than Sexual Harassment)

NYCC defines harassment as unwelcome, offensive conduct that occurs on the basis of race, color, religion, ethnic or national origin, age, disability, predisposing genetic characteristics, military or veteran’s status, marital status, or any other characteristic protected by applicable law. Whether harassment has occurred in violation of this policy depends on a consideration of all the circumstances, including the severity of the incident(s), whether the conduct was repeated, whether it was threatening or merely annoying, and the context in which the incident or interaction occurred. Sexual harassment may be considered unlawful where it is severe or pervasive and:

  • Such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or creating a hostile work or educational environment, even if the complaining individual is not the intended target of the harassment;
  • Such conduct is made either explicitly or implicitly a term or condition of one’s education or employment; or
  • Submission to or rejection of such conduct is used as the basis for decision affecting an individual’s education or employment.

Harassment may be verbal, visual, physical, or written in electronic or print form. Merely by way of illustration, harassing acts may include racial, ethnic or religious slurs; name-calling that demeans on the basis of age, disability, physically harming or threatening another due to racial or religious animosity; vulgar pictures or ethnically offensive symbols or writings; or gestures that mimic or mock a person’s disability, race or age.

The fact that a person was personally offended by a statement or incident does not alone constitute a violation of this policy. The determination is based on a “reasonable person” standard and takes into account the totality of the circumstances. NYCC considers the context of a communication or incident, the relationship of the individuals involved in the communication or incident, whether an incident was an isolated incident or part of a broader pattern or course of offensive conduct, the seriousness of the incident, the intent of the individual who engaged in the allegedly offensive conduct, and its effect or impact on the individual and the learning community.

In all instances, a key factor is whether the complaint-of behavior occurred because of one of, and/or offended on the basis of one of, the protected characteristics listed here. If it did not, the behavior is not regulated by this policy. Nevertheless, NYCC reserves the right to discipline conduct that offends based on a protected characteristic even if the situation does not rise to the level of severity or pervasiveness to violate applicable law.

Harassment when committed by an employee is a form of employee misconduct. With respect to harassment of employees, supervisors and managers who knew or should have known that harassment of their subordinates was occurring and failed to take responsive action may be subject to disciplinary action. A supervisor or manager who becomes aware of a situation that may constitute workplace harassment, including by witnessing the situation or receiving a complaint or report of harassment, is expected to notify the next level of supervision and the Title IX Coordinator.

Sexual Harassment & Other forms of Sexual Misconduct

NYCC prohibits sexual harassment, sexual assault, domestic violence, dating violence, stalking and sexual exploitation (collectively referred to in this policy as “Sexual Misconduct”). Sexual misconduct may occur between members of the same or opposite sex and in heterosexual and homosexual relationships.

NYCC expects that any sexual activity or contact will be based on mutual affirmative consent to the specific sexual activity. All references to consent in this policy will mean affirmative consent as defined in this policy.

Sexual relationships between faculty and students and staff and students are problematic due to the inherent power differential. Therefore, sexual or romantic relationships between faculty and students and between staff and students are strongly discouraged.

Certain conditions prevent a person from being able to consent. These conditions include being asleep, unconscious, physically or mentally helpless, disoriented or unable to understand what is happening for any reason, including due to alcohol or drugs, or is under the age of 17. A person will be considered unable to give consent if he or she lacks the ability to knowingly choose to participate in sexual activity. A person who is under the influence of alcohol or drugs is not relieved of his or her responsibility to ensure that he or she has the other person's affirmative consent and/or to have appreciated another's incapacity to consent.

Sexual activity as the result of coercion or force is non-consensual. Coercion is a threat or intimidation to engage in sexual activity. 

Sexual relationships between faculty and students and staff and students are problematic due to the inherent power differential. Therefore, sexual or romantic relationships between faculty and students and between staff and students are strongly discouraged. 

Definitions of Specific Sexual Misconduct Violations

This policy sets forth conduct expectations for our community and provides a process for the reporting, investigation and adjudication of alleged violations.  This policy applies to alleged conduct violative of Title IX of the Education Amendments of 1972 (i.e., "Title IX Category" violations) and also applies to a broader range of contexts and behaviors inconsistent with the College's commitment to equal opportunity (i.e., "College Category" violations).

The designation of conduct or allegations as either "Title IX Category" or "College Category" is not a function of the seriousness of the alleged conduct but rather a function of the scope and coverage of Title IX versus the College's broader jurisdiction to prohibit and discipline a larger scope of inappropriate behavior. In order to comply with Title IX regulations, the Title IX Coordinator must "dismiss" an alleged Title IX Category violation if it is apparent that the allegations are not within the scope of Title IX as described below, but the College may address the allegations as potential College Category violations as described below.

Title IX Category Violations

Title IX of the Education Amendments of 1972 provides: "No person in the United States shall, on the basis of sex, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."  

In accordance with Title IX as interpreted by the Department of Education, the College recognizes the following as conduct violations within the meaning of Title IX, provided that the context and circumstances of the conduct fall within the scope of Title IX, including but not limited to that the complainant was in the United States at the time of the alleged conduct, that the complainant be participating in or seeking to participate in the College's education program or activity at the time of the complaint, and that the conduct have occurred in the context of the College's education program or activity:

Sexual harassment: "Sexual harassment" means conduct on the basis of sex (including sex, gender, sexual orientation, gender identity and transgender status) that satisfies one or more of the following:

  1. An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual's participation in unwelcome sexual conduct (commonly referred to as a "quid pro quo");
  2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that is effectively denies a person equal access to the College's education program or activity (commonly referred to as a sexually or gender-based "hostile environment"). 

Sexual assault: "Sexual assault" is a sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault consists of the following specific acts:

  1. Rape:  The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This offense includes the rape of both males and females.
  2. Non-Consensual Sexual Contact:  The touching of the private body parts (including genital area, anus, groin, buttocks or breast), whether under or over clothing, of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
  3. Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 
  4. Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent. The statutory age of consent in New York is 17.

Dating violence:  "Dating violence'' means violence committed by a person on the basis of sex: (1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (2) 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:  "Domestic violence" means violence on the basis of sex 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 the domestic or family violence laws of the jurisdiction where the College is located, 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 the jurisdiction.

Stalking:  "Stalking" is engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to: (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress. Stalking that does not occur on the basis of sex may be addressed under as a College Category Violation as described below.  

College Category Violations

The College prohibits the following behavior. For purpose of College Category violations, the below conduct is prohibited even if the conduct occurs off-campus, outside the United States, the Complainant is not participating or seeking to participate in the college's education program or activity, or otherwise in circumstances over which the College does not have influence or control, including but not limited to during college academic breaks. The College retains discretion to not respond to, investigate or adjudicate circumstances in which no College interest is implicated.

Sexual harassment: "Sexual harassment" means unwelcome, offensive conduct that occurs on the basis of sex, sexual orientation, self-identified or perceived sex, gender, gender expression, gender identity, gender-stereotyping or the status of being transgender, but that does not constitute sexual harassment as a Title IX Category Violation as defined above. Sexual harassment can be verbal, written, visual, electronic or physical.

The fact that a person was personally offended by a statement or incident does not alone constitute a violation. Instead, the determination is based on a "reasonable person" standard and takes into account the totality of the circumstances. The College considers the context of a communication or incident, the relationship of the individuals involved in the communication or incident, whether an incident was an isolated incident or part of a broader pattern or course of offensive conduct, the seriousness of the incident, the intent of the individual who engaged in the allegedly offensive conduct, and its effect or impact on the individual and the learning or working community.

Sexual assault: "Sexual assault" is a sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. but that does not constitute sexual assault as a Title IX Category Violation as defined above because of the context in which it occurs (for example because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the college's education program or activity at the time of the complaint, or because the conduct did not occur in the context of the College's education program or activity). Sexual assault consists of the following specific acts:

  1. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This offense includes the rape of both males and females.
  2. Non-Consensual Sexual Contact: The touching of the private body parts (including genital area, anus, groin, buttocks or breast), whether under or over clothing, of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
  3. Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  4. Statutory Rape. Non-forcible sexual intercourse with a person who is under the statutory age of consent. The statutory age of consent in New York is 17.

Dating violence:  "Dating violence'' means violence committed by a person: (1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (2) where the existence of such a relationship shall be determined based on a consideration of the following factors:

  1. the length of the relationship;
  2. the type of relationship; and
  3. the frequency of interaction between the persons involved in the relationship;

but that does not constitute dating violence as a Title IX Category Violation as defined above because of the context in which it occurs (for example, because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the College's education program or activity at the time of the complaint, or because the conduct did not occur in the context of the College's education program or activity).

Domestic violence: "Domestic violence" means violence committed by a  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 the domestic or family violence laws of the jurisdiction where the College is located, 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 the jurisdiction, if the conduct does not constitute domestic violence as a Title IX Category Violation as defined above because of the context in which it occurs (for example because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the College's education program or activity at the time of the complaint, or because the conduct did not occur in the context of the College's education program or activity).

Stalking: "Stalking" is engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress, but that does not constitute stalking as a Title IX Category Violation as defined above because of basis on which it occurs or the context in which it occurs (for example because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the College's education program or activity at the time of the complaint, or because the conduct did not occur in the context of the College's education program or activity). Stalking behavior includes but is not limited to repeated, intentional following or observing another; or using "spyware" or other electronic means to gain impermissible access to a person's private information.

Sexual Exploitation: When one takes non-consensual sexual advantage of another. Examples of sexual exploitation include but are not limited to observing or recording others engaged in sexual or private activity (such as undressing or showering) without the consent of all involved; or taking intimate pictures of another but then distributing the pictures to others without the photographed person's consent; or exposing one's genitals in non-consensual circumstances; or having sex while knowingly infected with a transmissible disease and not informing one's sexual partner.

Retaliation is an adverse act perpetrated to "get back" at a person because the person reported sexual misconduct, filed a complaint, or participated in an investigation or proceeding conducted pursuant to this policy by the College or by an external agency. An act of retaliation may be anything that would tend to discourage an individual from reporting sexual misconduct, pursuing an informal or formal complaint, or from participating in an investigation or adjudication as a party or a witness. A person who acts in good-faith is protected from retaliation. The fact that a statement is not determined to be proven or established following investigation and adjudication does not mean that the statement lacked good-faith; a person may provide inaccurate information believing it is accurate, which is still good-faith. If a person who makes a statement knowing that it is false, the person has acted without good-faith.

GENERAL DEFINITIONS

Advisor of Choice: An advisor of choice is a person selected by the Complainant or Respondent to advise and accompany the Complainant or Respondent throughout the investigation and adjudication process. An advisor of choice may be any person, including an attorney. The institution does not appoint or pay for an advisor of choice. An advisor of choice's role is limited to the functions further described in this policy.

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

Coercion: Coercion is a threat, undue pressure, or intimidation to engage in sexual activity. Coercion is more than an effort to persuade, seduce, entice, or attract another person to engage in sexual activity. A person's words or conduct are sufficient to constitute coercion if they deprive another individual of the ability to freely choose whether or not to engage in sexual activity.

Complainant: The term Complainant refers to the person who allegedly experienced the sexual misconduct in violation of the policy whether or not a formal complaint is filed. In some cases, the Title IX Coordinator may file a formal complaint and thereby initiate an investigation and adjudication process pursuant to this policy. In that instance, the Title IX Coordinator is not the "Complainant"; the complainant remains the person who allegedly experienced the sexual misconduct.

Consent: As used in this policy, term "consent" always refers to "affirmative consent" (defined above). By way of further explanation, consent is free and informed permission. Consent given verbally is evidenced by affirmative agreement to engage in specific sexual activity. Consent through action is active participation in the specific sexual activity. Past consent to sexual activity cannot be presumed to be consent to engage in the same sexual activity in the future. Consent can be withdrawn at any time, and, if so, the sexual activity must cease. Consent to some sexual activity (e.g., kissing, fondling) cannot be presumed consent for other sexual activity (e.g., intercourse). Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another.

Certain conditions prevent a person from being able to consent. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. A person cannot consent if they are unaware of the who, what, when and how of a sexual interaction. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol or drugs or other intoxicants may be incapacitated and therefore unable to consent.

A person who has been drinking or using drugs is still responsible for ensuring that the person has the other person's affirmative consent and/or appreciating the other person's incapacity to consent. This means that, even if the accused was drunk or high and, as a result, did not realize that the other person was not consenting to or was unable to consent to sexual activity, the person who committed the non-consensual act is still responsible for having violated this policy. Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm.

Formal Complaint: A formal complaint refers to a written complaint filed in accordance with the grievance process below. A formal complaint is necessary to initiate an investigation and adjudication process of any allegations involving sexual harassment and other forms of sexual misconduct.

Institution Advisor: A Complainant or Respondent who does not opt to be accompanied by an advisor of choice at a hearing to adjudicate sexual misconduct allegations is entitled to be appointed an advisor by the college at no charge to the party. This advisor is referred to an "institution advisor" who may be but need not be an attorney. An institution advisor's role is limited to asking cross-examination questions of the other party during a hearing. An institution advisor does not represent a party in any legal sense. The party is responsible for formulating the cross-examination questions the institution advisor will pose during the hearing.

Reporting Party: The term Reporting Party refers to the person who made the report. This may or may not be the same as the Complainant, a witness, or a bystander.

Respondent: The term Respondent refers to the person alleged to have committed a violation of this policy.

RESOURCES FOR THOSE AFFECTED & REPORTING PROCESS

Any College community member who has been affected by a violation of this policy has the right to make a report to Campus Security, local law enforcement, and/or state police or choose not to report; to report the incident to the College; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from the College. A Students’ Bill of Rights for cases involving sexual assault, domestic violence, dating violence or stalking is found at the end of this policy.

Confidential and Non-Confidential Resources

Confidential and Non-Confidential Resources The College encourages any person who has experienced sexual assault or other forms of sexual misconduct to talk to someone about what happened, so she or he can get the support needed. There are a variety of confidential resources available to members of the College community. Some of these resources maintain near complete confidentiality; talking to them is sometimes called a "privileged communication." A confidential resource does not reveal the information shared with him/her/them without the disclosing person's consent. A non-confidential resource is a person who is permitted to share information with others with a need to know. A College employee who is a non-confidential resource will disclose to as few individuals as possible, but a non-confidential resource does not have the ability to promise that he/she/they will not tell others within the College about the information that has been shared with him/her/them.

Confidential Resources

A victim or other person affected, including an accused student, is encouraged to seek support for his/her emotional and physical needs. A person seeking confidential emotional or health care may contact the following resources for services that are available to students free of charge:

NYCC Counseling Services 315-568-3064
counseling@nycc.edu
FLH Medical, P.C. 315-539-4025
Safe Harbors of the Finger Lakes-Hotline 800-247-7273
F.F. Thompson Hospital
(SAFE Nurse*)
585-396-6000
Domestic Violence Hotline
(Ontario/Seneca County)
800-695-0390
Clifton Springs Hospital Mental Health Lifeline - Day 315-462-1080
Clifton Springs Hospital Mental Health Lifeline - Evening 800-310-1160
NYS Office of Victim Services 800-247-8035
NYS Domestic Violence Hotline 800-942-6906

* Sexual Assault Forensic Examiner Nurse (SAFE) can provide an exam whether you choose to report to police, or the College, or choose not to report at all.

These Confidential Resources can provide assistance and information regarding medical assistance and treatment (including information about sexually transmitted infections, and sexual assault forensic examinations), and resources available through the New York State Office of Victim Services, academic and other campus support options, campus disciplinary proceedings and law enforcement options. The on-campus resources listed above are the only confidential resources on campus; all other employees of NYCC should not be considered confidential.

A report to a Confidential Resource is not a report to the College and will not result in remedial action or an investigation or disciplinary action. Any person who desires remedial action (such as a change in housing, academic or work assignments) must contact one of the Responsible Administrators, listed below.

Reporting to the College - Responsible Administrators

TAn individual may contact a Responsible Administrator to obtain information about this policy and/or to file a report. No person need disclose details about an incident to obtain general information about the College’s policies and available resources. A reporting form is available online on the College’s website:

File a Complaint

Individuals may, but not need necessarily, utilize that reporting form.

The following offices and individuals have been trained to receive and respond to allegations of violations of this policy.

Carol Faivre
Director, Office of Student Engagementand Residence Life
Title IX Coordinator
titleix@nycc.edu, 315-568-3047

Christine McDermott
Human Resources Manager
Deputy Title IX Coordinator
cmcdermott@nycc.edu, 315-568-3109

Melissa Baxter
Administrative Director of Health Centers
Title IX Investigator
mbaxter@nycc.edu, 315-568-3047

Christopher McQueeney
Associate Vice President of Information Technology
Title IX Investigator
cmcqueeney@nycc.edu, 315-568-3352

Jennifer Sessler
Vice President of Enrollment and Planning
Title IX Investigator
jsessler@nycc.edu, 315-568-3270

If a report is made to anyone other than the Responsible Administrators listed above, the complainant risks the possibility that it will not come to the attention of the proper College officials and may, therefore, not be acted upon. Therefore, a person who wishes for the College to take action is strongly encouraged to report to one of the offices listed above.

Upon receiving a report, the Responsible Administrator to whom the report was made will discuss with the complainant available avenues and options. Options may include disciplinary action against the accused and remedial actions to ameliorate or correct the effects of the discrimination, harassment, or sexual misconduct. Other options may include a no contact directive, changes in academic, residential, or working arrangements to separate the complainant and the accused. A complainant does not need to file a formal complaint and pursue disciplinary action in order to obtain supportive measures, such as changes in academic, residential or working arrangements. The College will review the facts and circumstances of each case, as well as the complainant’s wishes, in deciding whether and what steps are reasonable and appropriate.

Employees who believe that they are being subjected to harassment or discrimination in violation of this Policy, or who have witnessed or otherwise become aware of behavior prohibited by this Policy should promptly report that behavior to a supervisor, the Human Resources Manager, the Title IX Coordinator, or a member of the College’s administration. If an employee makes a report of workplace discrimination or harassment to his/her supervisor or manager and believes the supervisor or manager is not taking appropriate action, the employee should report this inaction to any member of the College’ s administration. All supervisors and managers are required to report all complaints of workplace discrimination and harassment that they receive or that they observe or become aware of immediately to the Human Resources Manager or the Title IX Coordinator even when the complaining employee asks to keep the complaint confidential, or indicates that they do not wish to file a formal complaint.

A Responsible Administrator is not a Confidential Resource. However, even NYCC offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution. A Responsible Administrator is a non-confidential resource who will share information only on a need-to-know basis.

A person may make a report to a Responsible Administrator and request that no investigation or disciplinary action be taken. This may be the case where the individual is interested only in supportive measures. If the complainant elects not to proceed with a formal complaint at the time of report, they may return to the Title IX team and choose to proceed at a later date. Similarly, a person may make a formal complaint intending for the College to initiate the investigation and adjudication process, but later may request that the complaint be withdrawn. The College will endeavor to honor such requests to not initiate or to cease an investigation or withdraw a formal complaint unless the Title IX Coordinator determines that an investigation and/or adjudication process is necessary to ensure a safe, non-discriminatory environment for all members of the NYCC community, including the individual(s) involved.

Factors used to determine whether to honor such a request for confidentiality include, but are not limited to:

  1. Whether the accused has a history of violent behavior or is a repeat offender;
  2. Whether the incident represents escalation in unlawful conduct on behalf of the accused from the previously noted behavior;
  3. The increased risk that the accused will commit additional acts of violence;
  4. Whether the accused used a weapon or force;
  5. Whether the reporting individual is a minor; and
  6. Whether the College possesses other means to obtain evidence such as security footage, and whether available information reveals a pattern of perpetration at a given location or by a particular group.
  7. As well as other considerations such as:
  • whether there was a single perpetrator or multiple;
  • whether the circumstances suggest a risk to the campus community; and
  • similar considerations.

The College retains the right to act upon any information that comes to its attention. If the College determines that a request not to proceed cannot be honored, the complainant will be so informed. However, in order to encourage participation in public awareness and advocacy events, if information is disclosed as part of such an event (such as Take Back the Night), the College is not obligated in that instance to commence an investigation. Where the only parties to the situation are employees, NYCC will be less inclined to honor a request for confidentiality.

Other Non-Confidential College Resources

Campus Security Office 315-568-3022

Law Enforcement

A victim of a crime is encouraged to, but is not required to, report the incident to local law enforcement and pursue criminal charges. The criminal process and the College’s disciplinary processes are not mutually exclusive or dependent on each other, meaning that a person may pursue either a criminal complaint or College complaint or both. Any internal College investigation and/or hearing process will be conducted concurrently with any criminal justice investigation and proceeding that may be pending. Temporary delays in the College’s internal processes may be requested by local law enforcement authorities for the purpose of gathering evidence. Any requested temporary delay shall not last more than ten (10) days, except when local law enforcement authorities specifically request and justify a longer delay.

In criminal cases, including non-consensual sex offenses, the preservation of evidence is critical and must be done properly and promptly. If you have been sexually assaulted, you should not wash your body or clothes, as evidence may be lost. The Seneca Falls Police Department (315.568.4850) can assist in filing a criminal complaint and in securing appropriate examination, including by a Sexual Assault Nurse Examiner. New York State Police maintain a 24-hour hotline staffed by individuals trained to respond to sexual assault (844.845.7269).

Additionally, orders of protection and other forms of legal protection may be available to individuals who have experienced or are threatened with violence by an NYCC College community member or other person. In appropriate circumstances, an order of protection may be available that restricts the offender’s right to enter NYCC property, and NYCC will abide by a lawfully issued order of protection.

The Security Office or other College officials will, upon request, provide reasonable assistance to any member of the College community in obtaining an order of protection or, if outside of New York State, an equivalent protective or restraining order, including providing that person with:

  • a copy of an order of protection or equivalent when received by the College and providing that person with an opportunity to meet or speak with a College representative, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the other person’s responsibility to stay away from the protected person or persons;
  • an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension; and
  • assistance in contacting local law enforcement to effect an arrest for violating such an order of protection.
Stages of a Title IX Report

Supportive Measures

Once a report is made under this Policy, the complainant will be contacted by the Title IX Coordinator and offered individualized support as more fully described below. A report that triggers supportive measures need not be a formal complaint, and it may be made by a third-party (i.e., someone other than the complainant himself/herself). Once the respondent is informed of a report or a formal complaint, the respondent will be contacted by the Title IX Coordinator and offered individualized support as more fully described below.

Supportive measures are intended to restore or preserve, to the extent practicable, equal access to the College's educational programs and activities and protect the safety of all parties without unreasonably burdening the other party or parties. As required by federal regulation, these supportive measures must be non-disciplinary and non-punitive to the parties.

Supportive measures may include, but are not limited to: mutual "no contact" orders and, in very limited cases, one-way no contact orders; changes in academic,  employment, or other circumstances; changes to housing and campus working situations if those changes are requested by a party and reasonably available; allowing a withdrawal from a course without penalty; access to campus escorts or other reasonable security or monitoring measures; and counseling services. The Title IX Coordinator is responsible for coordinating the implementation of supportive measures, including coordinating with the various College departments and offices that may be involved.  Supportive measures will be offered free of charge.

If a party's request for a supportive measure is denied, the party will be afforded an opportunity to have the denial promptly reviewed to assess whether the supportive measure is reasonable under the circumstances.  In addition, each party will, upon request, be afforded the opportunity for a prompt review of the need for supportive measures that have been implemented, including the potential modification of these measures, to the extent that the party is affected by the measure(s) being reviewed. A request for review of a supportive measure may seek to add to, modify or eliminate a supportive measure. Such a request may be made to the Title IX Coordinator. Upon receipt of such a request, the Title IX Coordinator will inform the other party of the request and allow the other party to respond, including submitting evidence if desired.  Each party will be allowed to submit evidence in support of, or in opposition to, the request to the extent the supportive measures under review affects that party. Information about how to request a review will be included in a written communication that will outline the supportive measures offered and any that were requested by the party but denied. The Title IX Coordinator will respond to the request as promptly as possible and, absent unusual circumstances, within one calendar week. The Title IX Coordinator may modify the supportive measures on a temporary basis and while the parties are submitting their information and responses.

Emergency Removal of Student Respondents

In some cases, NYCC may undertake an emergency removal of a student respondent in order to protect the safety of the college community. Emergency removal is not a substitute for reaching a determination as to a respondent's responsibility for the sexual harassment allegations; rather, emergency removal is for the purpose of addressing imminent threats posed to any person's physical health or safety, which may arise out of the sexual misconduct allegations.

Prior to removing a student respondent through the emergency removal process, NYCC will undertake an individualized safety and risk analysis. If the individualized safety and risk analysis determines that an immediate threat to the physical health or safety of any student, including the student respondent, or other individual justifies removal, then a student respondent will be removed. This is the case regardless of the severity of the allegations and regardless of whether a formal complaint was filed.

After determining a student respondent is an immediate threat to the physical health or safety of an individual, the Title IX Coordinator will provide written notice of the emergency removal to both the complainant and respondent. This notice will contain: (1) the date the removal is set to begin, (2) the reason for the emergency removal, (3) the consequences of non-compliance, and (4) how to appeal the decision.
If a student respondent disagrees with the decision to be removed from campus, the respondent may appeal the decision. The respondent must provide written notice of the intent to appeal, which shall include the substance of the appeal, to the Title IX Coordinator within 10 days of receiving the notice of removal. The burden of proof is on the student respondent to show that the removal decision was incorrect.

This section applies only to student respondents. Employee respondents are not subject to this section and may be placed on administrative leave pursuant to the College's policies during the pendency of the grievance process.

Grievance Process For Sexual Misconduct

Filing a Formal Complaint

In cases involving sexual harassment or other forms of sexual misconduct, a formal complaint is necessary to initiate the College's grievance process, meaning an investigation and adjudication process. A formal complaint must be in written form and must be signed by the complainant. A third-party or anyone other than the victim of the misconduct may not file a formal complaint. However, a formal complaint may be filed by a parent or guardian of a minor person. This formal complaint process is not required for individuals seeking to report instances of discrimination or any form of harassment other than sexual harassment).

A formal complaint is a document filed by a complainant or signed by the College's Title IX Coordinator alleging sexual harassment or another form of sexual misconduct against a respondent and requesting that the College investigate the allegation.  The respondent may be either a student or an employee or a visitor, independent contractor, intern, or volunteer of the College. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail to:

Carol Faivre
Director, Student Engagement and Residence Life
Title IX Coordinator
2360 State Rte. 89
Acad 1, Rm 114
Seneca Falls, New York 13148
titleix@nycc.edu, 315.568.3047

In order to qualify as a formal complaint, the document must contain the complainant's physical or electronic signature, or otherwise indicate that the complainant is the person filing the formal complaint.

If a complainant declines to sign a formal complaint or does not wish to participate in the complaint and adjudication process, or the complainant's identity is unknown, and the Title IX Coordinator determines there is sufficient cause to file a formal complaint, the Title IX Coordinator may file a formal complaint.  In such cases, the Title IX Coordinator is not considered to be a complainant or other party under this Policy.

The Title IX Coordinator will consider the wishes of the complainant not to proceed with the investigation and adjudication process. However, the Title IX Coordinator may file a formal complaint if the Title IX Coordinator determines that the allegations are such that it would be unreasonable not to proceed despite the wishes of the complainant.

In making this determination, the Title IX Coordinator will consider, among other factors:

  • the risk that the alleged perpetrator will commit additional acts of sexual misconduct or other violence, which may be assessed by evaluating:
  • whether there have been other complaints about the same alleged perpetrator;
  • whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence;
  • whether the alleged perpetrator threatened further sexual violence or other violence against the victim or others;
  • whether the sexual violence was committed by multiple perpetrators whether the sexual violence was perpetrated with a weapon;
  • whether the victim is a minor;
  • whether the College possesses other means to obtain relevant evidence of the prohibited conduct (e.g., security cameras or personnel, physical evidence);
  • whether the victim'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.

Additionally, where the respondent is not enrolled at the College and is not employed by the College, the College may decline to process the complaint through the Grievance Process.  The College may take the steps it deems appropriate under the circumstances.

Mandatory Dismissal of Title IX Category Charges

The Title IX Coordinator will review a formal complaint filed by a Complainant. In order to comply with Title IX regulations, the Title IX Coordinator must "dismiss" the Title IX Category violation(s) if it is apparent that the allegations are not within the scope of Title IX, including that the conduct alleged:

  • would not constitute sexual harassment as defined as a Title IX Category violation above, even if proved,
  • did not occur in the College's education program or activity, or
  • did not occur against a person in the United States.

Notice of dismissal of the Title IX Category violation(s) will be in writing and issued to both the Complainant and Respondent.  The Title IX Coordinator may determine at any point in the process that facts have emerged that require the dismissal of a Title IX Category violation.  A decision to dismiss a Title IX Category violation is immediately appealable by the complainant, pursuant to the appeal section in Section H(2) of this Policy.

Even if Title IX Category violations are subject to dismissal, the College may continue to process the allegations as College Category violations, assuming that the allegations, if true, would constitute a College Category violation. 

Discretionary Dismissal of Title IX Category Charges

The Title IX Coordinator may, but is not required to, dismiss formal complaints in the following circumstances:

  • When the complainant withdraws a formal complaint;
  • When the respondent is no longer enrolled in or employed by the College; and
  • Where specific circumstances prevent the College from gathering evidence (such as where a complainant refuses to cooperate but does not withdraw a formal complaint).

The decision to dismiss or not to dismiss a charge under these circumstances will depend on the totality of the situation.

Investigation Procedures

Where a report of discrimination or harassment has been made or a formal complaint alleging sexual misconduct has been filed, and in the absence of an informal resolution, the College will appoint an investigator to conduct an investigation into the allegations. The College may appoint any qualified investigator, who may be a person internal or external to the College. The College also may appoint more than one investigator in the College's sole discretion. The investigation is an impartial fact-finding process.

The person(s) who conducts the investigation will be free of conflicts of interest or bias for or against any party. The parties will be informed of the identity of the investigator(s) and provided a reasonable opportunity to object to the investigator(s) on the ground of conflict of interest or bias. If an objection is made, the College will appoint an appropriate person to decide whether a conflict or bias exists such that an alternative investigator(s) will be selected. The Title IX Coordinator may determine that cases where the allegations arise out the same set of facts should be consolidated for purpose of the investigation and/or adjudication.  Instances where consolidation of complaints may occur include but are not limited to cross-complaints filed by the parties against each other, multiple complaints by a single complainant against a respondent, or multiple complaints by a single complainant against multiple respondents.

The Complainant and Respondent shall receive a notice of investigation referencing the violation(s) of this policy alleged to have been committed and the range of possible disciplinary sanctions and remedies following any determination of responsibility.  
In cases involving sexual harassment or other forms of sexual misconduct, the notice of investigation will include, to the extent known: 

  • the identities of the involved parties;
  • the date, time, location and factual allegations concerning the alleged violation;
  • the policy provisions allegedly violated;
  • a description of the investigation and adjudication process;
  • potential sanctions;
  • the right to an advisor of their choice, who may be, but is not required to be, an attorney;
  • their right to inspect and review evidence in accordance with this policy;
  • notice that knowingly making false statements or knowingly submitting false information is prohibited under the Student Code of Conduct; and
  • that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the process

If, in the course of the investigation of the sexual misconduct allegations, the College decides to investigate additional sexual misconduct allegations that are not included in the notice initially provided to the parties, the Title IX Coordinator or designee will provide notice of the additional allegations to the parties.

The parties will receive notice, in advance of any interview or other meeting they are required or entitled to attend, including the date, time, location, participants, and factual allegations concerning the alleged violation, and purpose of any meeting or interview in which they are invited to or expected to participate. The Complainant and Respondent have a right to be accompanied by an advisor of their choice. In cases involving sexual harassment or other forms of sexual misconduct, the party's advisor may be an attorney.  
No unauthorized audio or video recording of any kind is permitted during investigation meetings or interviews. If the investigator elects to audio and/or video record interviews, all involved parties involved in the meeting or interview will be made aware that audio and/or video recording is occurring.

During the investigation, which is an impartial fact-finding process, the Complainant and the Respondent will have an equal opportunity to share information, submit documentation, and request that witnesses be interviewed. In the absence of their consent, the parties will not be interviewed together or be required to meet. The investigator(s) has discretion to determine how to conduct the investigation and what information is necessary and relevant. An investigation usually involves interviews of witnesses and reviewing relevant documentation. This includes the opportunity to present fact or expert witnesses and other evidence that the party believes tends to prove or disprove the allegations. However, at all times, the burden of gathering evidence remains with the College. The investigator may decline to interview any witness or to gather information the investigator finds to be not relevant or otherwise excludable (e.g., sexual history of the complainant with a person other than the respondent, materials subject to a recognized privilege, medical records in the absence of a release by the subject of the records, etc.). The investigator will determine the order and method of investigation.

Opportunity for Inspection and Review of Evidence

 The Complainant and Respondent will be provided an equal opportunity to inspect and review any evidence obtained in the investigation directly related to the allegations gathered in the investigation and regardless of whether the information will be relied on in reaching a determination.  Prior to the conclusion of the investigative report, the Complainant and Respondent, and each party's advisor of choice, if any, will be provided a copy (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform) of the evidence, subject to redaction permitted and/or required by law.  The parties and their advisors may not make photocopies or take photographs of the materials and are prohibited from disseminating any of the materials subject to inspection and review to any individuals outside of those engaged in the grievance process. The Complainant and Respondent will be provided with at least ten (10) days to submit a written response, which the investigator will consider prior to completion of the investigative report.  The investigator will determine if additional investigation is necessary and, if so, will complete any additional investigative steps.

Investigative Report

At the conclusion of the investigation, the investigator will complete a written investigative report that fairly summarizes the relevant evidence. The investigator need not include information in the investigative report that the investigator determines not relevant or otherwise excludable. The investigator will submit the investigative report to the Title IX Coordinator.

In cases involving sexual harassment or other forms of sexual misconduct, at least ten (10) days prior to a hearing to determine whether there is responsibility for the allegations, the Complainant and Respondent, and each party's advisor if any, will be provided a copy of the investigative report (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform), subject to redaction permitted and/or required by law.  The parties and their advisors are prohibited from disseminating or disclosing the Investigative Report or any materials in the Investigative Report to any individuals outside of those engaged in the grievance process.

Timeframe

The College endeavors to complete the investigatory phase within 45 calendar days. An investigation may be extended for good cause, such as witness unavailability, breaks in the academic schedule, or other similar circumstances.

Assessment of Cases Not Involving Sexual Misconduct

In cases that do not involve allegation of sexual harassment or any other forms of sexual misconduct, at the conclusion of the investigation, the investigator(s) will make a recommendation as to whether the complaint will be referred to the applicable disciplinary process.  The investigation report, together with the parties' response to the report, will be forwarded to the Title IX Coordinator, who will make a determination as to whether the complaint will be forwarded to the applicable disciplinary process. The complainant and accused will be informed in writing as to whether the complaint will be forwarded to the applicable disciplinary process, with an explanation of the basis for the outcome. If the determination is to not forward a complaint to a disciplinary process, there is no right to appeal.

Informal Resolution

In some instances, the parties may be interested in an informal resolution, and, if the case is appropriate for such an option in the College's discretion, it will be offered to the parties. The Informal Resolution Process is not available if the Respondent in a sexual misconduct complaint is a faculty or staff member of the College and the Complainant is a student.

An Informal Resolution Process is a voluntary process in which a trained facilitator assists the parties in resolving the allegations made by a complainant. No party will be required to participate in an informal resolution, and either party may decline further participation in the Informal Resolution process at any time before the final written resolution is signed, at which point the complaint will proceed to the formal investigation and adjudication process. No party should feel intimidated, coerced or threatened to participate in an Informal Resolution Process, or to withdraw from an Informal Resolution Process.

In cases involving allegations of sexual harassment or other forms of sexual misconduct, supportive measures will be available to both parties in the same manner as they would be if the formal complaint were proceeding under the formal grievance and hearing process.

If both parties consent to participate in the Informal Resolution process, the College will assign a facilitator who will act in an independent, impartial manner to facilitate a resolution between the parties. The facilitator will be trained on how to perform the role. The facilitator will also be screened to ensure that such person is free from conflicts of interest and bias.

The facilitator will assist the parties in communicating information and opinions to the facilitator and each other regarding the allegations in an effort to find common ground and a resolution of the allegations that is satisfactory to both parties. The facilitator may meet separately with each party to explore the party's views about the allegations and desired outcome from the process. Either party can elect to have any meeting occur so that the parties are in different rooms and the facilitator "shuttles" between the parties.

For the Informal Resolution process to have the best chance for success, the parties should be free to express themselves.  As a result, the information received from both parties during the Informal Resolution process will be kept confidential by the facilitator.  In addition, in any cases that will involve a hearing, the facilitator will not be available as a witness in any hearing that may occur should either party terminate the Informal Resolution process before a resolution.  This is in keeping with the concept that the facilitator is impartial and is only facilitating the interaction between the two parties and is not listening or taking notes for any purpose other than assisting the parties.  Likewise, should the complaint be returned to the formal investigation and adjudication process of this policy, the parties may not disclose information shared by the other party during the process in the hearing.  This confidentiality protection does not apply to information that is learned outside the Informal Resolution process through the investigation or otherwise.

A resolution is reached only if both parties agree. The facilitator will not impose an outcome, although they may assist the parties in suggesting resolutions that appear to meet the parties' needs.  If an Informal Resolution Process does not result in an agreed-upon resolution, the complaint returns to the formal investigation and adjudication process.  If a mutual resolution is reached, the facilitator will draft a document reflecting the agreement between the parties that becomes final once it is signed by both parties.  This written and signed resolution indicates that the complaint has been resolved under this policy without the need for further investigation or adjudication.

Adjudication Process

A complaint against a non-community member (e.g., a visitor to campus, an alum, a vendor or contract employees) will be investigated but no formal policy or procedure applies. The College may opt to ban the non-community member from College property or take other appropriate responsive measures.

Resolution Of Cases Involving All Forms Of Discrimination And All Forms Of Harassment, Except Sexual Harassment

This policy applies campus-wide and sets forth behavioral expectations for all. However, the applicable disciplinary procedure for cases involving discrimination and harassment (other than sexual harassment) that will be applied in a particular case depends on whether the accused is a student, an employee, or a non-community member. For instance, a complaint brought by a staff member against a student is processed pursuant to the student policy; a complaint by a student against a staff member is processed pursuant to the staff policy; a complaint by a student against another student is processed pursuant to the student policy; and so on.  In cases only involving discrimination and harassment (other than sexual harassment), no hearing is held, and instead cases will be adjudication as follows:

  • A complaint against a student will be processed in accordance with the Code of Conduct and Ethics policy found in the Student Guide under Section G. Charges of Misconduct and Pre-Hearing Procedures and Section J. Judicial Panel Hearings. Offenses and sanctions can be found in Section C. Code of Student Conduct Offenses, Section E. Code of Ethics Offenses and Section K. Sanctions.
  • A complaint against a faculty member will be processed in accordance with the Faculty Handbook (Progressive Discipline, Suspension and Dismissal policies).
  • A complaint against a staff member will be processed in accordance with the staff procedure (below).

The standard for decisions in disciplinary proceedings is a preponderance of the evidence, meaning that it is more likely than not that an allegation is true. Both parties will receive simultaneous written notice of outcomes of all disciplinary proceedings, to the extent permitted by law.

Please refer to the relevant sections of the Faculty/ Student/Staff Handbook for detailed information on the disciplinary processes. Any complaints against a faculty or staff member will be promptly investigated in accordance with the procedures set forth above.

Following the investigation, a decision regarding responsibility (and consequences/sanctions, if appropriate) will be made by an appropriate College Official(s). In most instances, the decision maker(s) will make a decision as to responsibility and, if so, discipline, based on the information contained in the investigation report. The parties may request to meet separately with the decision maker(s) if the party(ies) believe that additional information is relevant and/or the decision maker(s) may request to meet separately with the party(ies), witnesses or otherwise gather additional information the decision maker(s) feels necessary. The decision maker(s) will notify the parties in writing as to the outcome of the complaint. Any faculty or staff member found responsible for violation of this policy will be subject to disciplinary action, up to and including termination.

A faculty member found responsible for violation of this policy may grieve such decision, including both the finding of responsibility for the violation as well as the discipline imposed, through the Grievance Procedure set forth in Section J of the Faculty Handbook.

Resolution Of Cases Involving Sexual Harassment, Sexual Assault And Other Forms Of Sexual Misconduct

Hearing Procedures

In cases involving allegations of sexual harassment and/or other forms of sexual misconduct, regardless of whether they are Title IX Category or College Category violations, a hearing before a three-member Hearing Panel designated by the Title IX Coordinator will be convened not less than ten days after the parties have been provided access to the final investigative report, for the purpose of determining whether the Respondent is responsible or not responsible for the charge(s). The Hearing Panel members may be members of the campus community or may be external to the College, as determined by the Title IX Coordinator. The Title IX Coordinator will notify the parties in writing of the date, time, and location of the hearing, the name[s] of the Hearing Panel members and how to challenge participation by any Hearing Panel member for bias or conflict of interest. Bias or conflict of interest will be judged by an objective standard (whether a reasonable person would conclude the decision maker is biased).

Participants in the hearing will include the members of the Hearing Panel, the Complainant and the Respondent, their respective advisors, the investigator(s) who conducted the investigation, and witnesses (solely during their own testimony). Hearings are private. Observers or additional support personnel, other than the parties' advisors, are not allowed unless deemed necessary by the Title IX Coordinator for purposes such as accommodation of a disability. Cell phones and recording devices may not be used by the parties or their advisors in the hearing room(s).

Hearings may be conducted with all parties physically present in the same location or, at the Title IX Coordinator's discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling the Hearing Panel and the parties to simultaneously see and hear any party or witness providing information or answering questions.  If either party so requests, the hearing will be conducted with the parties located in separate rooms using technology as described in the preceding sentence.

The Title IX Coordinator may postpone the hearing for good cause as determined by the Title IX Coordinator.  Good cause may include, without limitation, unavailability of one or more participants due to unanticipated events or circumstances, the timing of academic breaks or holidays, or other extenuating circumstances

Procedural Matters

The Chair of the Hearing Panel is in charge of organizing the presentation of information to be considered at the hearing.  Generally, the hearing will proceed in the following order:

  1. Opportunity for Opening Statement by the Complainant
  2. Opportunity for Opening Statement by the Respondent
  3. Questions for the investigator(s) by the Hearing Panel and, if desired, on behalf of Complainant and the Respondent (as described below)
  4. Questions for the Complainant by the Hearing Panel and, if desired, on behalf of the Respondent (as described below)  
  5. Questions for the Respondent by the Hearing Panel and, if desired, on behalf of the Complainant (as described below)
  6. Questions for each witness by the Hearing Panel and, if desired, on behalf of Complainant and the Respondent (as described below)
  7. Opportunity for Closing Statement by the Respondent
  8. Opportunity for Closing Statement by the Complainant

Formal rules of evidence will not apply. Except as otherwise expressly prohibited by this Policy, any information that the Chair of the Hearing Panel determines is relevant may be considered, including hearsay, history and information indicating a pattern of behavior, and character evidence. All evidence previously made available to the parties for inspection and review prior to completion of the investigative report as described above will be made available at the hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of questioning.Absent extraordinary circumstances as determined by the Chair of the Hearing Panel, no party may seek to introduce at the hearing any evidence not previously made available in accordance with the preceding sentence, other than the investigative report itself and any responses to the investigative report submitted by the parties.

The Chair of the Hearing Panel will address any concerns regarding the consideration of information prior to and/or during the hearing and may exclude irrelevant information. Subject to the terms of this Policy, the Chair will have discretionary authority to determine all questions of procedure, to determine whether particular questions, evidence or information will be accepted or considered, to call breaks or temporary adjournments of the hearing, and/or to recall parties or witnesses for additional questions as the Chair deems necessary or appropriate. The Chair may impose additional ground rules as the Chair may deem necessary or appropriate for the orderly and efficient conduct of the hearing, which will apply equally to both parties.

The hearing will be recorded through either an audio recording or transcript. That recording or transcript will be made available to the parties, upon request, for inspection and review. Prior to obtaining access to the recording or transcript, the parties and their advisors must acknowledge in writing that they will not disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to the grievance process.

Advisors

The Complainant and the Respondent may each have present with them during the hearing an advisor of their choice (at the party's expense, if the advisor is a paid advisor).  If a party does not have an advisor present at the hearing, NYCC will provide, without fee or charge to that party, an advisor of the College's choice for the limited purpose of conducting questioning on behalf of that party as provided in this Policy.  
Except with respect to questioning as described below, the advisor's role is limited to consulting with their advisee, and the advisor may not present evidence, address the Hearing Panel during the hearing, object to any aspect of the proceeding, or disrupt the hearing in any way, and any consultation with the advisee while the hearing is in progress must be done in a quiet non-disruptive manner or in writing. The advisor may consult with the advisee verbally outside the hearing during breaks, when such breaks are granted by the Chair of the Hearing Panel. An advisor's questioning of the other party and any witnesses must be conducted in a respectful, non-intimidating and non-abusive manner.  If the Chair determines that an advisor is not adhering to these or other ground rules, the advisor may be required to leave the hearing, and the hearing will proceed without an opportunity for the party to obtain a replacement advisor; provided, however, that the College will assign an advisor of the College's choosing, without charge, for the purpose of conducting questioning on behalf of the party as provided below. Witnesses are not permitted to bring an advisor or other person to the hearing, absent an approved disability accommodation.  The Hearing Panel may be advised by and/or consult with the College's legal counsel as the Chair of the Hearing Panel deems necessary or appropriate.

Questioning Procedures

The Hearing Panel will permit each party's advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility; provided that questions that seek disclosure of information protected under a legally recognized privilege will not be permitted unless the person or entity holding the privilege has waived the privilege in writing.  Questioning must be conducted by the party's advisor in a respectful, non-intimidating and non-abusive manner, and never by a party personally.  If a party does not have an advisor present at the hearing, the Title IX Coordinator will arrange for the College to provide without fee or charge to that party, an advisor of the College's choice to conduct cross-examination on behalf of that party.

Only relevant questions may be asked by a party's advisor to a party or witness.  Before the party or witness answers a question posed by an advisor, the Chair of the Hearing Panel will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Such decisions by the Chair are final and not subject to objection or reconsideration during the hearing.

Questions and evidence about the Complainant's sexual predisposition or prior sexual behavior are not relevant, other than questions and evidence about the Complainant's prior sexual behavior that (a) are offered to prove that someone other than the Respondent committed the alleged misconduct, or (b) concern specific incidents of the Complainant's prior sexual behavior with respect to the Respondent and are offered to prove consent.

If a party or witness does not submit to cross-examination at the hearing by a party's advisor as described above, the Hearing Panel may not rely on any statement of that party or witness, during the hearing or otherwise, in reaching a determination regarding responsibility.  The Hearing Panel will not draw an inference as to responsibility based solely on a party's or witness's absence from the hearing or refusal to answer cross-examination questions.

Hearing Determinations

Following conclusion of the hearing, the Hearing Panel will deliberate and render a determination by majority vote as to whether the Respondent is responsible or not responsible for the alleged violation(s). The Hearing Panel will use "preponderance of the evidence" as the standard of proof to determine whether each alleged violation of the Policy occurred. "Preponderance of the evidence" means that the Hearing Panel must determine whether, based on the evidence presented, it is more likely than not that the Respondent engaged in the conduct charged. Each party may submit a written personal impact statement to the Title IX Coordinator for consideration by the Hearing Panel in determining an appropriate sanction if there is a finding of responsibility on one or more of the charges. The parties must submit their statements to the Title IX Coordinator prior to the hearing. The Title IX Coordinator will provide each of the parties an opportunity to review any statement submitted by the other party.

In addition to the impact statement(s), if any, factors considered when determining sanctions may include:

  • the nature and severity of, and circumstances surrounding, the violation(s);
  • the Respondent's state of mind at the time of the violation(s) (intentional, knowing, bias-motivated, reckless, negligent, etc.)
  • the Respondent's previous disciplinary history;
  • the need for sanctions to bring an end to the conduct; and/or to prevent the future recurrence of similar conduct;
  • the need to remedy the effects of the conduct on the Complainant and/or the community;
  • the impact of potential sanctions on the Respondent;
  • sanctions imposed by the College in other matters involving comparable conduct; and
  • any other lawful factors deemed relevant by the Hearing Panel.

The following are the sanctions that may be imposed upon students or organizations singly or in combination:

  • Warning: A formal statement that the behavior was unacceptable and that further infractions of any College policy, procedure, or directive may result in more severe disciplinary action.
  • Probation: A written reprimand for violation of the Policy, providing for more severe disciplinary sanctions in the event that the Respondent is found in violation of any College policy, procedure, or directive within a specified period of time. Terms of the probation will be specified and may include denial of specified privileges, exclusion from extracurricular activities, no-contact orders, and/or other measures deemed appropriate.
  • Suspension: Cessation of student status for a definite period of time and/or until specific criteria are met.
  • Expulsion: Permanent termination of student status.
  • Withholding Degree and/or Diploma: The College may withhold a student's degree and/or diploma for a specified period of time and/or deny a student participation in commencement activities.
  • Other Actions: In addition to or in place of the above sanctions, the Hearing Panel may assign any other sanctions as deemed appropriate, including but not limited to the following:
    • Mandated counseling so the Respondent has the opportunity to gain more insight into     his/her/their behavior.
    • A "no contact" directive (including but not limited to continuation of a no contact directive imposed as a supportive measure) prohibiting contact with one or more identified persons, in person or through telephonic, electronic, written or other means. A no contact directive may include additional restrictions and terms.
    • Removing Respondent from leadership roles or positions in College organizations or clubs.
    • Requiring the Respondent to write a letter of apology.
    • Requiring unpaid service to the campus or local community stated in terms of type and     hours of service.
    • Restitution for damage to or misappropriation of property, or for personal injury, and other related costs.
    • Loss, revocation or restriction of housing privileges (e.g., exclusion from specified locations).
    • Loss of honors privileges (e.g., preceptorships)
    • Monetary fines.

For those crimes of violence that the College is required by federal law to include in its Annual Security Report, the transcripts of students found responsible after a hearing and appeal, if any, shall, as applicable, include the following notation:

  • Suspended after a finding of responsibility for a code of conduct violation;
  • Expelled after a finding of responsibility for a code of conduct violation; or
  • Withdrew with conduct charges pending

Transcript notations for suspensions may be removed at the discretion of the College, but no earlier than one year after the conclusion of the suspension. Transcript notations for expulsion may not be removed.

Notice of Outcome

The Hearing Panel will issue a written determination including the following information:

  • A description of the charges that were adjudicated; 
  • A description of the procedural steps taken from the submission of the formal complaint through the determination, including notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
  • Findings of fact supporting the determination; Conclusions regarding the application of the Policy to the facts;
  • A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions to be imposed on the Respondent, and whether remedies designed to restore or preserve equal access to the College's educational programs or activities will be provided to the Complainant; and
  • The procedures and permissible bases for the Complainant and Respondent to appeal.

The Title IX Coordinator will provide the written determination to the parties simultaneously.

Time Frame for Resolution

NYCC seeks to resolve every report of sexual misconduct within a timely manner of the initial report. The College will endeavor to conclude all reports of Sexual Misconduct within ninety (90) calendar days (exclusive of any appeal) from the time of filing of the formal complaint.  Any time frames included in this policy may vary depending on the details of the reported situation and, in some cases, extenuating circumstances that may require an extension of the time frames.  Extenuating circumstances may include the time of the academic year (e.g., during College breaks or final exams), the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation by local law enforcement, or other unforeseen circumstances. In the event that the investigation and resolution is delayed, NYCC will notify the Complainant and Respondent of the reason(s) for the delay and the expected adjustment in the time frame.

Appeals

In cases involving allegations of sexual harassment and/or other forms of sexual misconduct, regardless of whether they are Title IX Category or College Category violations, a respondent or complainant may appeal: (1) a determination regarding responsibility, and (2) the College's dismissal of a formal complaint or any allegations therein. If a party wishes to appeal a determination regarding responsibility or the dismissal of a formal complaint, the party must submit written notice to the Title IX Coordinator of the party's intent to appeal within 7 days of receiving the written notification of the appealable decision.

A respondent or complainant may appeal on the following bases:

  • Procedural irregularity that affected the determination regarding responsibility or dismissal of the matter;
  • New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the determination regarding responsibility or dismissal of the matter; and
  • The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the determination regarding responsibility or dismissal of the matter. The professional experience of an individual need not disqualify the person from the ability to serve impartially. Furthermore, bias is not demonstrated by working in complainants' or respondents' rights organization.

In addition to the three bases for appeal, the College reserves the right to add additional bases for appeal that will be available equally to both the respondent and the complainant. Any additional bases of appeal that are added will not be applied retroactively to previous determinations and dismissals. In the case of a claimed procedural irregularity, bias or new information, the appeal must also include a statement of the likely impact of the claimed irregularity, bias, or newly discovered information on the proceedings. A preponderance of the evidence standard will be applied on appeal.

When a party submits a written notice of its intent to appeal to the Title IX Coordinator within 7 days of the appealable decision, NYCC will notify the other party in writing and implement appeal procedures equally for both parties. If no written notice of either party's intent to appeal is sent, then the written determination becomes final after the time period to file an appeal (7 days) has expired.

In cases involving a student respondent, the appeal will be decided by a three-member Appeal Review Board  appointed by the Title IX Coordinator.  In cases where the respondent is an employee of the College, the Title IX Coordinator will assign a single Appeal Officer.

Each party will be given a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. Each party will have at least three (3) days to submit its written statement. If a party needs additional time, it can request such additional time from the decision-maker for the appeal. Such requests will be granted on a case-by-case basis. If the decision-maker for the appeal grants a request for additional time to submit a written statement, all parties will be granted the additional time. The decision-maker for the appeal will not be the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator.  The decision-maker for the appeal will issue a written decision describing the result of the appeal and the rationale for the result. This decision will be provided to both parties simultaneously and in writing. Once the appeal decision has been sent to the parties, the appeal decision is final.

Retaliation

The College prohibits retaliation against any individual who files a good-faith complaint or assists or participates in good faith in any manner in an investigation or proceeding conducted by the College or an external agency. Any retaliation is subject to disciplinary action, up to and including expulsion/ termination. Allegations of retaliation will be subject to the disciplinary procedures noted above for students, faculty, staff and non-community members. Retaliation is against the law.

Amnesty For Individuals Who Report Sexual Misconduct

The health and safety of every student at NYCC is of utmost importance. NYCC 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. NYCC strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to NYCC officials. A student bystander acting in good faith or a reporting individual (including a complainant/victim) that discloses any incident of domestic violence, dating violence, stalking or sexual assault to NYCC's officials or law enforcement will not be subject to NYCC'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. Notwithstanding the foregoing, NYCC reserves the right to implement measures to protect the health and safety of patients or others who may be harmed (including but not limited to requiring substance abuse treatment and testing) and will comply with any obligations it may have to provide information to licensing authorities.

Academic Freedom

NYCC is a graduate institution at which academic freedom is necessary and valued. NYCC will not construe this policy to prevent or penalize a statement, opinion, theory, or idea offered within the bounds of legitimate, relevant, and responsible teaching and learning. 

Clery Act Compliance

The College is required to include for statistical reporting purposes the occurrence of certain incidents in its Annual Security Report (ASR). Names of individuals involved in incidents are not reported or disclosed in ASRs. In the case of an emergency or ongoing dangerous situation, the College will issue a timely warning to the campus. In such circumstances, the name of the alleged perpetrator may be disclosed to the community, but the name of the victim/complainant will not be disclosed.

Coordination With Other Policies

A particular situation may potentially invoke one or more College policies or processes. The College reserves the right to determine the most applicable policy or process and to utilize that policy or process.

Policy Compliance

Designation of Authority

Any person or title authorized by this policy to act or make a decision may designate his/her authority to another when necessary to avoid a conflict of interest or for any other reason.

Application to Faculty and Staff

One or more of NYCC’s personnel policies or faculty and staff handbook policies may overlap with this policy in a particular situation. This policy applies to any situation where a student is the complainant or respondent. In all other situations, the College reserves the right to apply this policy or another applicable College policy or process. The College will apply this policy to any situation where the College determines that Title IX requires the application of this policy.

NYCC Title IX Team Training Materials

Section 106.45(b) of the 2020 Final Title IX Rules require the sharing of "[a]ll materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. A recipient must make these training materials publicly available on its website, or if the recipient does not maintain a website the recipient must make these materials available upon request for inspection by members of the public." Information posted here has been done in accordance with this compliance mandate.

Student Conduct Institute Badge - Click to view our campus Title IX training

Policy Compliance

The Title IX Coordinator has overall responsibility for the College’s institutional compliance with Title IX. The Deputy Coordinator assists the Coordinator. Any person with a concern about the College’s handling of a particular matter should contact

Carol Faivre
Director, Office of Student Engagement and Residence Life
Title IX Coordinator
titleix@nycc.edu, 315-568-3047; or

Christine McDermott
Human Resources Manager
Deputy Title IX Coordinator
cmcdermott@nycc.edu, 315-568-3109

In addition to or as an alternative to the College’s internal process, or if dissatisfied with the outcome of the College’s process, a person may make a complaint to a governmental agency. These governmental agencies include:

The U.S. Department of Education, Office for Civil Rights is a federal agency responsible for ensuring compliance with Title IX and other federal laws, including Section 504 of the Rehabilitation Act. OCR may be contacted at 400 Maryland Avenue, SW, Washington, DC 20202-1100, 800.421.3481. As a general rule, a complaint must be filed with OCR 180 days after the complained of event. OCR will investigate the complaint and determine if the College is in compliance with federal laws within OCR’s jurisdiction. If OCR finds non-compliance, OCR will ensure that the College returns to compliance. OCR may require individual remedy for the individual complainant, where appropriate.

The New York State Division of Human Rights (DHR) enforces the Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., which prohibits sexual harassment in employment in New York State, and protects employees, and other individuals working in an employer’s workplace. A complaint alleging a violation of the Human Rights Law may be filed either with DHR, subject to a one year statute of limitations (except the statute of limitations is three years for sexual harassment complaints), or in New York State Supreme Court, subject to a three year statute of limitations.

The DHR will investigate the complaint to determine if unlawful harassment occurred and if the circumstances amount to a violation of the law. If unlawful discrimination is found after a hearing, the DHR or the court may award relief, which varies, but may include requiring the employer to take action to stop the harassment, or redress the damage caused, including reversing an unlawful employment action, paying monetary damages, attorneys’ fees, and civil fines.

DHR's main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458, (718) 741-8400 www.dhr.ny.gov. The DHR can be contacted at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form and contact information for DHR's regional offices across New York State.

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An employee must file a complaint with the EEOC within 300 days from the conduct giving rise to the complaint. The EEOC also investigates complaints, but does not hold hearings or award relief. The EEOC may take other action including pursuing cases in federal court on behalf of complaining parties, or issuing a Right to Sue Letter that allows an individual to pursue his/her claims in federal court. Federal courts may award remedies if discrimination is found to have occurred.

The EEOC can be contacted by calling 800-669-4000 (800-669-6820 (TTY)), or visiting their website at www.eeoc.gov or via email at info@eeoc.gov If an individual files an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the individual's right to proceed in federal court.

Students' Bill of Rights

Student's Bill of Rights Involving Sexual Misconduct

All students have the right to:

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

Campus Climate Survey on Sexual Assault and Sexual Misconduct

New York Chiropractic College conducted a campus climate survey on Sexual Misconduct and Sexual Assault as part of New York State's Enough is Enough (Article 129-B) legislation during January-February 2018. The College used HEDS (Higher Education Data Sharing) Consortium to execute the survey and had a response rate of 21%. The final report provides information from our students on the current campus climate for unwanted sexual contact and sexual assault; incidents of sexual assault; bystander behaviors and insight into their knowledge of policies, services, and resources available.

This survey and subsequent information is a valuable resource, helping NYCC's efforts to protect our students by improving services and educational programming, and increasing awareness. By being as open as possible (within the constraints of confidentiality), the College hopes to create productive community dialogue and reflection. The Title IX officers will continue in their efforts to cultivate an informed community with the goal of supporting a campus culture where all members can flourish academically, professionally, and personally.

View the full report here.

Resources

Documents

Enough is Enough

Resources

Videos