Title IX Definitions
The State University of New York at Canton has programs in place to protect all members of the SUNY Canton community from sexual assault, including programs for prevention and
prosecution of these crimes that occur within the jurisdiction of SUNY Canton University Police. Additional information may be found in SUNY Canton’s Jeanne Clery Disclosure Act Annual
Report/Sexual Assault Prevention which may be found on the College’s home page at
If you are sexually or otherwise assaulted on campus:
- Get to a safe place as soon as you can.
- Try to preserve all physical evidence; do not bathe, douche, or change your clothes.
- Contact SUNY Canton University Police immediately (call (315) 386-7777 in an emergency or use a Blue Light emergency phone).
Remember, assaults – sexual or otherwise – are crimes; they are not the victim’s fault. Victims have the right to pursue adjudication of crimes that occur on the SUNY Canton campus through criminal courts and/or through the University’s internal disciplinary process (under the Campus Code of Student Conduct). SUNY Canton’s University Police are trained to assist with prosecution in both systems.
Disciplinary Action – Where there is probable cause to believe the College’s regulations
prohibiting sexual misconduct have been violated, the College will pursue strong disciplinary
action through its own channels. This discipline includes the possibility of suspension or dismissal from the College.
An individual charged with sexual misconduct will be subject to college disciplinary procedures, whether or not prosecution under New York State Criminal Statutes is pending.
The College will make every effort to be responsive and sensitive to the victims of these serious crimes. Protection of the victim and prevention of continued trauma is the College’s priority. When the victim and the accused live in the same residence hall, an immediate hearing with the College Judicial Officer will be held to determine the need for modifying the living arrangements.
Assistance for any other personal or academic concerns will be reviewed and options provided.
During the disciplinary process, the victim’s rights are:
- To have a person or persons of the victim’s choice accompany the victim throughout the disciplinary hearing.
- To remain present during the entire proceeding.
- As established in State criminal codes, to be assured that his/her irrelevant past sexual history will not be discussed during the hearing.
- To make a “victim impact statement” and to suggest an appropriate penalty if the accused is found in violation of the Code of Student Conduct.
- To be informed immediately of the outcome of the hearing.
- During the disciplinary process, the rights of the “accused” are as described under the Due Process Procedure of the College Judicial System.
Information and Support – If you are the victim of sexual assault or sexual misconduct, you may seek support services as well as the assistance described above from the Counseling Center, Campus Center 225; Health Services, Campus Center 004; and University Police, Dana Hall 210.
Sexual harassment is considered an unlawful employment practice under Section 703, Title VII of the Civil Rights Act of 1964, which bans discrimination on the basis of sex. These regulations protect all employees of both genders, as well as students. SUNY policy extends this protection to any students, applicants, or other non-employees subjected to such treatment by its faculty or staff.
Sexual harassment is defined as: “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature ... when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education;
- Submission to or rejection of such conduct by an individual is used as a basis for employment or education decisions affecting such individual; or
- Such conduct has the purpose or effect of unreasonable interfering with an individual’s performance or creating an intimidating, hostile, or offensive environment.”
Such College activities will not be condoned or tolerated by the College. Supervisors and managers at all organizational levels have been directed to take strong corrective action to end any questionable activities which come to their attention.
If you feel that you have been sexually harassed, you may file a complaint under the SUNY Discrimination Complaint Procedure. If you decide to file a complaint, there is legal protection against retaliation. Information and assistance in filing a complaint is available from the Affirmative Action Officer.
DISCRIMINATION GRIEVANCE PROCEDURE – EMPLOYEES
Any employee who believes they are discriminated against on the basis of race, color, religion, national origin, veteran status, age, sex, marital status, sexual orientation, or disability may file a complaint with the College’s Office of Human Resources and Affirmative Action within 90 calendar days following the alleged discriminatory act. References, information, and advice, as well as forms for filing a complaint, are available from the Office of Human Resources and Affirmative Action.
SUNY Canton encourages informal settlement of any discrimination complaint but also
recognizes the need for an appeal process which is a part of the SUNY Discrimination Complaint Procedure for Review of Allegations of Unlawful Discrimination/Harassment found at http://www.canton.edu/human_resources/affirmative_action.html.
Initial review of the complaint is conducted by the College’s Affirmative Action Officer, who seeks to resolve the complaint informally. If satisfactory resolution is not achieved informally, the complainant may file a formal complaint with the Chairperson of the campus Affirmative Action Committee for further review by an Ad Hoc Tripartite Committee. This Committee will consist of one member chosen by the complainant, one member chosen by the respondent, and a third chosen by the other two designees. Following its review, the Committee submits its opinion to the President for action. Should the parties be unable to form a tripartite committee, the complainant may request that an outside hearing officer review the charge. The SUNY Assistant Vice Chancellor for Affirmative Action would assign an Affirmative Action Officer from another campus to hear the grievance and render an opinion to the President. Specified time limits are built into each step of the procedure.
If dissatisfied with the President’s response, the complainant may wish to file a formal complaint with the appropriate State or Federal agency. The complainant may at any time opt for externalagency review in lieu of the informal, internal process. Information about external-complaint procedures is available from the Office of Human Resources
DISCRIMINATION GRIEVANCE PROCEDURE – STUDENTS
SUNY Canton does not discriminate on the basis of race, color, religion, sex, national origin, age, veteran status, disability, or sexual orientation in admission to or treatment and employment in the programs and activities. Any student who believes that they have been discriminated against on the basis of the factors noted above may file a complaint with the College’s Affirmative Action Officer within 90 calendar days following the alleged discriminatory act or 90 days after a final grade is received, if that date is later. References, information, and advice, as well as forms for filing a grievance, are available from the Affirmative Action Officer.
The College encourages swift and appropriate resolution of any discrimination complaint. Discrimination complaints are filed under the SUNY Discrimination Complaint Procedure for Review of Allegations of Unlawful Discrimination/Harassment. Once a complaint has been 112 filed, the College’s Affirmative Action Officer conducts an initial review and attempts to resolve the complaint. If satisfactory resolution is not achieved, the grievant may seek further review by an Ad Hoc Tripartite Committee. Following its review, the Committee will submit its opinion to the President for action. If not satisfied with the President’s response, the grievant may wish to file a complaint with the appropriate State or Federal agency. The grievant may opt for externalagency review at any time. Information about external-complaint procedures is available from the Affirmative Action Officer.