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 Complaint Procedure
The State University of New York (University) has adopted a complaint procedure for the prompt and equitable investigation and resolution of allegations of unlawful discrimination. Harassment is one form of unlawful discrimination on the basis of the above protected categories.
This procedure may be used by any employee, student, applicant, or other member of the campus community (including, but not limited to, vendors, visitors, and guests) of a state-operated campus of the University. Employee grievance procedures established through negotiated contracts, academic grievance review committees, student disciplinary grievance boards, and any other procedures defined by contract will continue to operate as before. Furthermore, this procedure does not in any way deprive a complainant of the right to file with outside enforcement agencies, such as the New York State Division of Human Rights, the Equal Employment Opportunity Commission, the Office for Civil Rights of the United States Department of Education and the Office of Federal Contract Compliance of the United States Department of Labor. However, after filing with one of these outside enforcement agencies, or upon the initiation of litigation, the complaint will be referred to University’s Office of University Counsel for review. Contact information for these agencies can be found in the complete Discrimination Complaint Procedure by clicking on the link below. More detailed information may be obtained from the campus Affirmative Action Officer.
This procedure provides a mechanism through which the University may identify, respond to, and prevent incidents of illegal discrimination. The University recognizes and accepts its responsibility in this regard and believes that the establishment of this internal, non-adversarial grievance process will benefit student, faculty, staff, and administration, permitting investigation and resolution of problems without resorting to the frequently expensive and time-consuming procedures of state and federal enforcement agencies or courts.
The Affirmative Action Officer on each campus shall receive any complaint of alleged discrimination, assist the complainant in the use of the complaint form, and provide the complainant with information about various internal and external mechanisms through which the complaint may be filed, including applicable time limits for filing with each agency.
The complainant is not required to pursue the University internal procedures before filing a complaint with a state or federal agency. In addition, if the complainant chooses to pursue the University internal procedure, the complainant is free to file a complaint with the appropriate state or federal agency at any point during the process. Upon filing with an external agency, however, the University internal complaint procedure will be terminated and the matter referred to the office of University counsel for review, defense, or if deemed appropriate by counsel, involvement in mediation, conciliation or settlement with the external agency where the complaint was filed, or such other actions as may be in the interests of the University. During any portion of the procedures detailed hereafter, the parties shall not employ audio or video taping devices.
To view the complete Discrimination Complaint Procedure, both informal and formal processes, please visit: SUNY Discrimination Complaint Procedure