30.8.0 Discrimination and Complaint

Last Update: Wednesday, March 19, 2025

SUNY Canton does not discriminate based on race, color, national origin, sex, gender identity, disability, or age in its education programs, services, and activities, including employment policies and practices.

30.8.1 Discrimination Complaint Procedure

For the Title IX Discrimination Complaint Procedure, see 30.8.4 Title IX Grievance Policy

SUNY Canton, in its continuing effort to seek equity in education and employment, and in support of federal and state anti-discrimination legislation, has adopted a complaint procedure for the prompt and equitable investigation and resolution of allegations of unlawful discrimination on the basis of race, color, national origin, sex, disability, age, religion, gender identity, gender expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, and criminal conviction.

Anyone who believes they have been discriminated against may file a complaint. The following people have been designated to handle all inquiries regarding non-discrimination policies:

Affirmative Action, Equity, and Compliance Coordinator/Director of Human Resources
Joann Ellis
315-386-7325
hr@canton.edu

Title IX Coordinator
Kaelee Shrewsberry
315-386-7050
title9@canton.edu

Section 504 Officer
Megan Riedl
315-386-7392
ADA@canton.edu

Title VI Coordinator
Lashawanda Ingram
315-386-7128
ingraml@canton.edu

30.8.1.1 Applicability

This procedure may be used by any student or employee of a state-operated campus of the University, as well as third parties who are participating in a University-sponsored program or affiliated activity. 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 the campus Affirmative Action Officer, or in the case of sex discrimination, the Title IX Coordinator (hereinafter “AAO” will refer to both the Affirmative Action Officer and Title IX Coordinator), for investigation with the Office of General Counsel. Contact information for these agencies is listed in Appendix A. More detailed information may be obtained from the campus or SUNY-wide AAO.

All campuses must use this procedure unless the campus has made an application for an exception. Requests for an exception, along with a copy of the requesting campus’s discrimination complaint procedure, must be filed with the Office of General Counsel. The request for an exception will be acted upon by the Office of General Counsel after a review of the campus’s complaint procedure. The AAO on each University campus and the AAO for the SUNY System Office, who receives any complaint of alleged discrimination, shall inform the complainant about the complaint process and other options to resolve the issue, assist the complainant in the use of the complaint form and understanding the nature of the incident, 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.

Upon receipt of a sex discrimination complaint or report, each University campus and the SUNY System Office will provide the complainant with a written notice describing the available options, including pursuing a criminal complaint with a law enforcement agency, pursuing SUNY’s investigation and disciplinary process, or pursuing both options at the same time; and the potential consequences of pursuing both options (i.e., possible temporary delay of the fact-finding aspect of SUNY’s investigation while the law enforcement agency is in the process of gathering evidence). Additionally, the Title IX Coordinator will ensure that complainants in sex discrimination cases are made aware of their Title IX rights, available remedies and resources on- and off-campus (such as counseling, local rape crisis center), and interim measures of protection. For more information, see the Students’ Bill of Rights. Assistance will be available whether or not a formal complaint is contemplated, or even possible.

All distributed and published versions of this procedure must contain the name or title, office address, email address, and telephone number of the individual with whom to file a complaint for each campus location, and for System Administration.

30.8.1.2 Procedure

The following Discrimination Compliant Procedure applies to both the informal and formal processes. 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 grievance process will benefit student, faculty, staff, and administration, permitting investigation and resolution of problems.

SUNY, through the SUNY Canton Title IX office, reserves the right to promptly investigate all incidents of sex discrimination of which the campus and/or SUNY system office has notice. Based on information received, the Title IX Coordinator and AAO will make reasonable efforts to investigate and address instances of sex discrimination when it knows or should have known about such instances, regardless of complainant cooperation and involvement, consistent with the SUNY Policies on Sexual Violence Prevention and Response, including the Options for Confidentially Disclosing Sexual Violence.

SUNY will comply with law enforcement requests for cooperation, and such cooperation may require the campus to temporarily delay the fact-finding aspect of an investigation while the law enforcement agency is in the process of gathering evidence. The campus will resume its investigation as soon as it is notified by the law enforcement agency that it has completed the evidence-gathering process. SUNY will implement appropriate interim steps during the law enforcement agency’s investigation period to provide for the safety of the victim(s) and the campus community, as described below.

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.

During any portion of the procedures detailed hereafter, the parties shall not employ audio or video taping devices. Complaints and investigations will be kept confidential to the extent possible.

Retaliation against a person who files a complaint, serves as a witness, or assists or participates in any manner in this procedure, is strictly prohibited and may result in disciplinary action. Retaliation is an adverse action taken against an individual as a result of complaining about unlawful discrimination or harassment, exercising a legal right, and/or participating in a complaint investigation as a third-party witness. Participants who experience retaliation should contact the campus AAO, and may file a complaint pursuant to these procedures.

30.8.1.3 Complaint Consultation and Review

Any student or employee, or any third party may consult with the AAO regarding potential discrimination or harassment. This initial contact may occur by telephone, email, or in person--the latter being preferred.

It is the responsibility of the AAO to respond to all such inquiries, reports, and requests as promptly as possible, and in a manner appropriate to the particular circumstances. This response may include interim measures to protect the parties during the investigation process. Interim measures will not disproportionately impact the complainant. Interim measures for students may include, but are not limited to, information about how to obtain counseling and academic assistance in the event of sexual assault, and steps to take if the accused individual lives on campus and/or attends class with the complainant. Interim measures involving employees in collective bargaining units should be determined in consultation with campus employee-relations departments.

Complaints or concerns that are reported to an administrator, manager or supervisor, concerning an act of discrimination or harassment, or acts of discrimination or harassment that administrators, managers, or supervisors observe or become aware of, shall be immediately referred to the AAO. Employees with Title IX compliance responsibilities and/or employees who have the authority to take action to redress the harassment, must report any complaints to the Title IX Coordinator. Employees who observe or become aware of sex discrimination, including sexual harassment and sexual violence, should report this information to the campus Title IX Coordinator. Complaints may also be made directly to the AAO by anyone who experiences, observes, or becomes aware of discrimination or harassment.

30.8.1.4 Filing Complaints and Time Limits

All complaints must be submitted on the forms provided by the University. The Charge of Discrimination Form will be used for both the initiation of complaints under the informal procedure, and the conversion of the complaint to the formal procedure. The AAO is available to assist in preparing the complaint.

30.8.1.5 Complaint Contents

The complaint shall contain:

1. The name, local and permanent address(es), telephone number(s), and status (faculty, staff, student, third party) of the complainant.
2. A statement of facts explaining what happened and what the complainant believes constituted the unlawful discriminatory acts in sufficient detail to give each respondent reasonable notice of what is claimed against them. The statement should include the date, approximate time and place where the alleged acts of unlawful discrimination or harassment occurred. If the acts occurred on more than one date, the statement should also include the last date on which the acts occurred as well as detailed information about the prior acts. The names of any potential witnesses should be provided.
3. The name(s), address(s) and telephone number(s) of the respondent(s), i.e., the person(s) claimed to have committed the act(s) of unlawful discrimination.
4. Identification of the status of the persons charged whether faculty, staff, or student.
5. A statement indicating whether or not the complainant has filed or reported information concerning the incidents referred to in the complaint with a non-campus official or agency, under any other complaint, or complaint procedure. If an external complaint has been filed, the statement should indicate the name of the department or agency with which the information was filed and its address.
6. A description of any corrective or remedial action that the complainant would like to see taken.
7. Such other or supplemental information as may be requested.
8. Signature of complainant and the date complaint signed.

30.8.1.6 Informal Resolution

If a complainant elects to have the matter dealt with in an informal manner, the AAO will attempt to reasonably resolve the problem to the mutual satisfaction of the parties.

In seeking an informal resolution, the AAO shall attempt to review all relevant information, interview pertinent witnesses, and bring together the complainant and the respondent, if desirable. Complaints of sexual violence will not be resolved by using mediation, but instead must be referred immediately to the campus Title IX Coordinator. The complainant will not be required to resolve the problem directly with the respondent in cases of sex discrimination.

If a resolution satisfactory to both the complainant and the respondent is reached within 24 calendar days from the filing of the complaint, through the efforts of the AAO, the officer shall close the case, sending a written notice to that effect to the complainant and respondent. The written notice, a copy of which shall be attached to the original complaint form in the officer’s file, shall contain the terms of any agreement reached by complainant and respondent, and shall be signed and dated by the complainant, the respondent, and the AAO.

If the AAO is unable to resolve the complaint to the mutual satisfaction of the complainant and respondent within 24 calendar days from the filing of the complaint, the AAO shall so notify the complainant. The AAO shall again advise the complainant of their right to proceed to the next step internally, and/or the right to separately file with appropriate external enforcement agencies.

The time limitations set forth above may be extended by mutual agreement of the complainant and respondent with the approval of the AAO. Such extension shall be confirmed in writing by the complainant and respondent. The AAO will also have the discretion to reasonably extend the deadlines if an investigation is deemed complex.

The complainant may elect to end the informal resolution process, and proceed to the formal resolution procedure at any time after the Charge of Discrimination form is filed.

30.8.1.7 Formal Resolution

The formal complaint proceeding is commenced by the filing of a complaint form as described above. The 180-day time limit also applies to the filing of a formal complaint. If the complainant first pursued the informal process, and subsequently wishes to pursue a formal complaint, they may do so by checking the appropriate box, and signing and dating the complaint form.

The complaint, together with a statement from the AAO indicating that informal resolution was not possible, if applicable, shall be forwarded to the chairperson of the campus Affirmative Action Committee within seven calendar days from the filing of the formal complaint. If an informal resolution was not pursued, the AAO shall forward the complaint to the chairperson of the campus Affirmative Action Committee within seven calendar days from the filing of the complaint.

Notice to Parties: Upon receipt of a complaint, the AAO will provide an initialed, signed, date-stamped copy of the complaint to the complainant. As soon as reasonably possible after the date of filing of the complaint, the AAO will mail a notice of complaint and a copy of the complaint to the respondent(s). Alternatively, such notice with a copy of the complaint may be given by personal delivery, provided such delivery is made by the AAO (or designee) and, that proper proof of such delivery, including the date, time and place where such delivery occurred, is entered in the records maintained by or for the AAO.

30.8.1.8 Definitions

Harassment on the Basis of Protected Characteristic(s) other than Sex/Gender: Harassment based on race, color, age, religion, national origin, disability, sexual orientation or other protected characteristics is oral, written, graphic, or physical conduct relating to an individual’s protected characteristics that is sufficiently severe and/or serious, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the educational institution’s programs or activities.

Sex Discrimination: Behaviors and actions that deny or limit a person’s ability to benefit from, and/or fully participate in the educational programs or activities or employment opportunities because of a person’s sex. This includes but is not limited to sexual harassment, sexual assault, sexual violence by employees, students, or third parties. Employees should report sex discrimination, including but not limited to, sexual harassment and assault that they observe or become aware of, to the Title IX Coordinator.

Sexual Harassment in the Educational Setting: Unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment of a student denies or limits, on the basis of sex, the student’s ability to participate in or to receive benefits, services, or opportunities in the educational institution’s program.

Sexual Harassment in the Employment Setting: Unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature when any of the following occurs:

- Submission to such conduct is made a term or condition of an individual’s continued employment, promotion, or other condition of employment.
- Submission to or rejection of such conduct is used as a basis for employment decisions affecting an employee or job applicant.
- Such conduct is intended to interfere, or results in interference, with an employee’s work performance, or creates an intimidating, hostile, or offensive work environment.

Preponderance of the Evidence: The standard of proof in sexual harassment and sexual assault cases which asks whether it is “more likely than not” that the sexual harassment or sexual violence occurred. If the evidence presented meets this standard, then the accused should be found responsible.

30.8.2 Hate Crimes and the Law

It is a State University of New York at Canton University Police’s commitment to protect all members of the SUNY Canton community by preventing and prosecuting bias or hate crimes that occur within the campus’s jurisdiction.

Hate crimes, also called bias crimes or bias-related crimes, are criminal activity motivated by the perpetrator’s bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as their race, religion, ethnicity, gender, sexual orientation, or disability. Hate/bias crimes have received renewed attention in recent years, particularly since the passage of the Federal Hate/Bias Crime Reporting Act of 1990 and the New York State Hate Crimes Act of 2000 (Penal Law Article 485). Copies of the New York law are available from the University Police Department.

Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence or previous convictions of the offender. Perpetrators who are students will also be subject to campus disciplinary procedures where sanctions including dismissal are possible.

In addition to preventing and prosecuting hate/bias crimes, State University of New York at Canton University Police also assist in addressing bias-related activities that do not rise to the level of a crime. These activities, referred to as bias incidents and defined by the University as acts of bigotry, harassment, or intimidation directed at a member or group with the SUNY Canton community based on national origin, ethnicity, race, age, religion, gender, sexual orientation, disability, veteran status, color, creed, or marital status, may be addressed through the State University’s discrimination complaint procedure or the campus conduct code. Bias incidents can be reported to University Police as well as to any college official.

If you are a victim of, or witness to, a bias crime on campus, report it to University Police by calling 315-386-7777 in an emergency, by using an Emergency Blue Light, or by stopping at the University Police Department. University Police will investigate and follow the appropriate adjudication procedures.

Victims of bias crime or bias incidents can avail themselves of counseling and support services from the campus by contacting the Counseling Center at 315-386-7314 or Office of Diversity at 315-386-7128.

For general information on the State University of New York at Canton security procedures, see our website, Handbook, Jeanne Clery Disclosure Act, or call University Police at 315-386-7777.

More information about bias-related and bias crimes, including up-to-date statistics on bias crimes, is available from University Police at 315-386-7777.

30.8.3 Workplace Violence

SUNY Canton is committed to providing a safe work environment for all employees that is free from intimidation, threats, and violent acts. The College will respond promptly to threats, acts of violence, and acts of aggression by employees or against employees by co-workers, members of the public, or others.

SUNY Canton will not tolerate any act or threat of violence made in the workplace, on College property, or while in work status. No person may engage in violent conduct or make threats of violence, implied or direct, on SUNY Canton property or in connection with College business. This includes, but is not limited to:

The use of force with the intent to cause harm e.g., physical attacks, any unwanted contact such as hitting, fighting, pushing or throwing objects.
Behavior that diminishes the dignity of others through sexual, racial, religious, or ethnic disparagement, or harassment.
Acts or threats which are intended to intimidate, harass, threaten, bully, coerce, or cause fear of harm whether directly or indirectly.
Acts or threats made directly or indirectly by oral or written words, gestures, or symbols that communicate a direct or indirect threat of physical or mental harm.

No person, without legal authority, may carry, possess, or use any dangerous weapon on SUNY Canton property or in College buildings or facilities. Unauthorized possession or use of firearms, knives (except non-spring pocket knives), or other weapons or explosives are prohibited.

Incidents of workplace violence, threats of workplace violence, or observations of workplace violence are not to be ignored by any member of the SUNY Canton community. Workplace violence should be promptly reported to University Police at 315-386-7777. Additionally, all members of the College community are encouraged to report behavior they reasonably believe poses a potential for workplace violence in order to maintain a safe working and learning environment. Every threat will be taken seriously and must be reported. Employees who commit a violent act or threaten to commit a violent act are subject to disciplinary action and/or civil/criminal prosecution as appropriate. Any individual who makes a substantial threat, exhibits threatening behavior, or engages in violent acts on SUNY Canton property shall be subject to removal from the premises as quickly as safety permits, pending the outcome of an investigation.

To view the full Workplace Violence Policy.

30.8.4 Title IX Grievance Policy

SUNY Canton Title IX Grievance Procedure for Student Respondents

Under the May 19, 2020 Title IX Final Rule

Policy Statement

The U.S. Department of Education and other federal agencies that provide financial assistance, including the U.S. Department of Health and Human Services, enforce Title IX and have long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of Sexual Harassment and sexual violence that interfere with a student’s or employee’s ability to equally access our education programs and opportunities.

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

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

General Rules of Application

Effective Date

The Title IX Grievance Procedure is effective as of August 15^th, 2026 and will apply only to Sexual Harassment alleged to have occurred on or after August 14, 2020. Incidents of Sexual Harassment alleged to have occurred before August 14, 2020, will be investigated and adjudicated according to the process in place at the time the incident allegedly occurred.

Revocation by Operation of Law

Should any portion of the Title IX Final Rule, 85 Fed. Reg. 30026 (May 19, 2020), be stayed or held invalid by a court of law, or should the Title IX Final Rule be withdrawn or modified to not require the elements of this procedure, or the invalidated elements of this procedure, those elements will be deemed revoked as of the publication date of the opinion or order and for all reports after that date, as well as any elements of the Procedure that occur after that date if a case is not complete by that date of opinion or order publication. Should the Title IX Grievance Procedure be revoked in this manner, any conduct covered under the Title IX Grievance Procedure shall be investigated and adjudicated under the existing Student Code of Conduct, the Discrimination Complaint Procedure, any other appropriate SUNY Canton policy and/or procedure, or the employee disciplinary process as described in the collective bargaining agreement, as appropriate.

Non-Discrimination in Application

The requirements and protections of this Procedure apply equally regardless of sex, sexual orientation, gender identity, gender expression, or other protected classes covered by applicable federal or state law. All requirements and protections are equitably provided to individuals regardless of such status or status as a Complainant, Respondent, or witness. Individuals who wish to file a complaint about the institution’s policy or process may contact the U.S. Department of Education’s Office for Civil Rights (“ED OCR”):

Office for Civil Rights

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-1475

Telephone: 202-453-6020

Fax: 202-453-6021;

TDD: 800-877-8339

Email: OCR.DC@ed.gov

For complaints involving health care services, hospitals, or other programs or activities subject to the jurisdiction of the U.S. Department of Health and Human Services, including complaints that may fall under Title IX, individuals may also contact the Office for Civil Rights, U.S. Department of Health and Human Services (“HHS OCR”):

Office for Civil Rights

U.S. Department of Health and Human Services

200 Independence Avenue, SW

Room 509F, HHH Building

Washington, D.C. 20201

Telephone: 1-800-368-1019

TDD: 1-800-537-7697

Email: OCRMail@hhs.gov

Reports and Complaints Involving Employee Respondents

All cases involving employee Respondents will be evaluated, investigated, and adjudicated under Section II of SUNY Procedure (6501), as applicable.

Definitions

Capitalized terms used in this Procedure have the meanings assigned to them below. Terms may be used in the singular or plural, as context requires.

Covered Sexual Harassment or Sexual Harassment:[1] For the purposes of this Title IX Grievance Procedure, “Covered Sexual Harassment” includes any conduct on the basis of sex that satisfies one or more of the following:

An employee conditioning the provision of an aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo);[2]

Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity (i.e., hostile environment harassment).[3] In evaluating whether a hostile environment exists, the institution will consider a number of factors, including, but not limited to: the frequency, nature, and severity of the conduct; whether the conduct was physically threatening; the effect of the conduct on the Complainant’s mental or emotional state; how the conduct affected the terms, conditions or privileges of employment or education; whether the conduct was directed at more than one person; whether the conduct arose in the context of other discriminatory conduct; whether there is a power differential between the parties; and whether the conduct implicates concerns related to academic freedom or protected speech;

Sexual assault[4] (as defined in the Clery Act), which includes any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving Consent. This includes the forcible sex offenses of rape and criminal sexual contact and the non-forcible sex offenses of incest and statutory rape. The applicable offenses are defined below:

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, and
Criminal Sexual Contact: the intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation, or the forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation;
Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law;
Statutory rape: sexual intercourse with a person who is under the age of consent in New York State.

Dating violence[5] (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; and (iii) The frequency of interaction between the persons involved in the relationship.

Domestic violence[6] (as defined in the VAWA amendments to the Clery Act and the Violence Against Women Act Reauthorization of 2022), which includes any felony or misdemeanor crimes of violence committed by a person who: (A) is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of New York, (B) who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, (C) shares a child in common with the victim; or (D) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of New York.

Stalking[7] (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

Note that conduct that does not meet one or more of these criteria may still be prohibited and subject to discipline under the Student Code of Conduct, action under the Discrimination Complaint Procedure, action under other SUNY Canton policies and/or procedures, or the employee disciplinary process as described in the collective bargaining agreement.

Actual Knowledge: Notice of sexual harassment or allegations of sexual harassment to the institution’s Title IX Coordinator or any official of the institution who has authority to institute corrective measures on behalf of the recipient constitutes Actual Knowledge. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute Actual Knowledge. This standard is not met when the only official of the institution with Actual Knowledge is also the Respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the institution.

Consent:[8] For the purposes of this Title IX Grievance Procedure, “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 Consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.

Additionally:

Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute Consent to any other sexual act.
Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
Consent may be initially given but withdrawn at any time.
Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in a sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot Consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
When consent is withdrawn or can no longer be given, sexual activity must stop.

Education Program or Activity:[9] For the purposes of this Title IX Grievance Procedure, SUNY Canton’s “Education Program or Activity” includes:

Any on-campus premises
Any off-campus premises that SUNY Canton has substantial control over. This includes buildings or property owned or controlled by a recognized student organization.
Activity occurring within computer and internet networks, digital platforms and computer hardware or software owned or operated by or used in the operations of SUNY Canton’s programs and activities over which SUNY Canton has substantial control. Cases outside of the United States do not fall within the jurisdiction of the Grievance Procedure. Refer to the section on jurisdiction below.

Formal Complaint:[10] For the purposes of this Grievance Procedure, “Formal Complaint” means a document — including an electronic submission — filed by a Complainant/Reporting Individual with a signature or other indication that the Complainant/Reporting Individual is the person filing the Formal Complaint, or signed by the Title IX Coordinator, alleging Covered Sexual Harassment by a Respondent within SUNY Canton’s Education Program or Activity and requesting initiation of the Title IX Grievance Procedure to investigate the allegation of Covered Sexual Harassment.

Complainant:[11] For the purposes of this Title IX Grievance Procedure, Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute Covered Sexual Harassment.

Relevant Evidence and Questions:[12] “Relevant” evidence and questions refer to any questions and evidence that tends to make an allegation of sexual harassment more or less likely to be true. Relevant evidence is evidence that is available in a particular case that can be evaluated objectively. Relevant evidence includes, without limitation, the parties’ own statements, statements of witnesses, or other available evidence, including documentary and video evidence provided.[13] “Relevant” evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of the Grievance Procedure:

Evidence and questions about the Complainant’s sexual predisposition or prior sexual behavior unless:
- They are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or
- They concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove Consent.[14]
Evidence and questions that constitute, or seek disclosure of, information protected under a legally recognized privilege.[15]
Any Party’s medical, psychological, and similar records unless the Party has given voluntary, written Consent.[16]

Respondent:[17] For the purposes of this Title IX Grievance Procedure, Respondent means any individual who has been reported to be the perpetrator of conduct that could constitute Covered Sexual Harassment as defined under this Procedure. Reports and complaints regarding employees are handled under the separate procedure, which is identified above.

Reporting Individual:[18] An individual who brings forward a report of conduct that may violate this Procedure. A Reporting Individual may, but need not, be the Complainant.

Supportive Measures:[19] Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Such measures are designed to restore or preserve equal access to SUNY Canton’s Education Program or Activity without unreasonably burdening the other Party, including measures designed to protect the safety of all Parties or SUNY Canton’s educational environment, or deter Sexual Harassment. Supportive Measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. SUNY Canton must maintain as confidential any Supportive Measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the recipient to provide the Supportive Measures. The Title IX Coordinator is responsible for coordinating the effective implementation of Supportive Measures.

Confidentiality

This grievance procedure is intended to protect the confidentiality of Parties and witnesses during the Title IX process, while also promoting SUNY Canton’s ability to meet its Title IX obligations, consistent with constitutional and other due process protections SUNY Canton will keep confidential the identity of any individual who has made a report or complaint of Sexual Harassment, including any individual who has made a report or filed a Formal Complaint of Sexual Harassment, any Complainant, any individual who has been reported to be the perpetrator of Sexual Harassment, any Respondent, and any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, or its implementing regulations, 34 C.F.R. Part 99; as required by law; or as necessary to carry out the purposes of 34 C.F.R. Part 106, including the outcome of any investigation, hearing, or judicial proceeding arising thereunder. SUNY Canton will limit the sharing of information to the extent permitted by law. Federal and state laws, rules and regulations, including New York’s Freedom of Information Law, may require disclosure in some circumstances.

SUNY Canton will take reasonable steps to protect the privacy of the Parties and witnesses during the pendency of the grievance procedure, provided that the steps do not restrict the abilities of the Parties to obtain and present evidence, including by speaking to witnesses (as long as such does not result in Retaliation), consult with their family members, confidential resources, or advisors, or otherwise prepare for or participate in this grievance procedure. A Formal Complaint will require that the institution share the identity of a Complainant with the Respondent and the Parties’ advisors, as well as relevant institutional employees who are assisting with the investigation or adjudication of the Formal Complaint.

Private vs. Confidential Resources[20]

Several identified institutional offices will maintain the confidentiality of your reports, meaning those offices have the ability to not report crimes and violations to law enforcement or SUNY Canton officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. Reports to confidential resources will not generally trigger an institutional investigation or remedy.

Below are the institutional offices/officials identified as confidential for Title IX purposes, who will not report to law enforcement or SUNY Canton officials without a Complainant or Reporting Individual’s permission, except for extreme circumstances:

Counseling Center
Director of Counseling
Miller Campus Center 225
(315) 386-7314

Davis Health Services
Director of Student Health Services
Miller Campus Center 004
(315) 386-7333

All other institutional offices and employees will maintain the privacy of reports of Covered Sexual Harassment to the greatest extent possible but cannot guarantee confidentiality. Privacy generally means that information related to a report of Covered Sexual Harassment will be shared only with a limited circle of individuals, including individuals who need to know in order to assist in the review, investigation, or resolution of the report or to deliver resources or support services. While not bound by confidentiality or privilege, these individuals will be discreet and respect the privacy of all individuals involved in the process. Information disclosed to these private resources will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and identifying systemic issues.

Making a Report Regarding Covered Sexual Harassment to the Institution

Any person may report sex discrimination, including Covered Sexual Harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or Covered Sexual Harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.[21]

Title IX Coordinator
Kaelee Shrewsberry
315-386-7050
title9@canton.edu

Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator.[22] For confidential reporting resources that will not forward a report to the Title IX Coordinator, please reference the preceding section, titled “Private vs. Confidential Resources.”

Non-Investigatory Measures Available Under the Title IX Grievance Procedure

Supportive Measures[23]

Complainants who report allegations that could constitute Covered Sexual Harassment under this Procedure, and Respondents, have the right to receive Supportive Measures from SUNY Canton regardless of whether a Complainant desires to file a Formal Complaint. Supportive Measures are non-disciplinary and non-punitive.

Emergency Removal[24]

SUNY Canton retains the authority to impose emergency removals on a student Respondent on an emergency basis, where SUNY Canton

undertakes an individualized safety and risk analysis and
determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Covered Sexual Harassment justifies a removal.

If SUNY Canton determines an emergency removal is necessary, the Respondent will be provided notice and an opportunity to challenge the decision immediately following the notification. The Respondent may challenge the emergency removal in writing to the Dean of Students or their designee within three (3) business days of the receipt of the emergency removal notification.[25]

VP for Student Affairs/Dean of Students
Courtney Bish
315-386-7120
studentaffairs@canton.edu

Alcohol and/or Drug Use Amnesty[26]

The health and safety of every student at SUNY Canton is of utmost importance. SUNY Canton recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. SUNY Canton strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials.

A bystander or a Reporting Individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to SUNY Canton officials or law enforcement will not be subject to SUNY Canton’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.

Disability Accommodations[27]

This grievance procedure does not alter any institutional obligations under applicable federal and state disability laws including the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and the New York State Human Rights Law. Parties may request reasonable accommodations for disclosed disabilities from the Title IX Coordinator at any point before or during this Title IX grievance procedure. Requests will be evaluated in consultation with the appropriate Campus office, and accommodations may be provided where they do not fundamentally alter the process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.

The Title IX Grievance Procedure

Filing a Formal Complaint[28]

The timeframe for this Title IX grievance procedure begins with the filing of a Formal Complaint. This grievance procedure will be concluded within a reasonably prompt timeframe after the filing of the Formal Complaint, provided that the process may be extended for a good reason, including but not limited to the absence of a Party, a Party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.[29]

To file a Formal Complaint, a Complainant must provide the Title IX Coordinator with a written, signed Formal Complaint describing the facts alleged.[30] Complainants may file a Formal Complaint under this Procedure only if they are currently participating in, or attempting to participate in, SUNY Canton’s Education Programs or Activities, including as an employee.[31] For Complainants/Reporting Individuals who do not meet these criteria, SUNY Canton will utilize existing policy in the Student Code of Conduct, the Discrimination Complaint Procedure, other applicable SUNY Canton policies and/or procedures, or the employee disciplinary process as described in the applicable collective bargaining agreement, as appropriate.

If a Complainant does not wish to file a Formal Complaint, the Title IX Coordinator may determine a Formal Complaint is necessary and sign one.[32] If so, SUNY Canton will inform the Complainant of this decision in writing. The Complainant need not participate further in the process but will receive all notices issued under this Procedure. When the Title IX Coordinator signs a Formal Complaint, the Title IX Coordinator does not become a Complainant or Party to this Procedure.

Nothing in the Title IX Grievance Procedure, Student Code of Conduct or SUNY Discrimination Complaint Procedure prevents a Complainant or Reporting Individual from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process.

Initial Assessment

Upon receipt of a report of alleged prohibited conduct, the Title IX Coordinator will make an initial assessment of the reported information and respond to any immediate health or safety concerns raised by the report.[33] The steps in an initial assessment vary based on whether the identity of the Complainant is known.[34]

In the initial assessment and meeting or correspondence with the Complainant, the Title IX Coordinator will:

Assess the Complainant’s safety and well-being and offer SUNY Canton’s support and assistance through available resources;[35]
Inform the Complainant that the Title IX Coordinator will maintain the Complainant’s privacy to the greatest extent possible and disclose information only as necessary pursuant to this Procedure;[36]
Inform the Complainant of their right to seek medical treatment (including a sexual assault forensic examination) and explain the importance of obtaining evidence and preserving forensic and other evidence;[37]
Inform the Complainant of their right to contact law enforcement, be assisted by SUNY Canton officials in contacting law enforcement, or decline to contact law enforcement, and their right to seek a protective order;[38]
Inform the Complainant that the criminal justice system uses different standards of proof and evidence than this Procedure and that any questions about whether the reported prohibited conduct constitutes a penal law violation should be addressed by law enforcement;[39]
Inform the Complainant about SUNY Canton and community resources, including counseling, health, and mental health services; victim advocacy; procedural advocacy; legal resources; visa and immigration assistance; student financial aid; and other resources both on campus and in the community, and how to request or contact such resources;[40]
Inform the Complainant of the right to seek appropriate and available Supportive Measures and how to request such measures and consider the Complainant’s wishes with respect to Supportive Measures with or without the filing of a Formal Complaint;[41]
Ensure the Complainant is aware of their right to an advisor of their choice, who may be, but is not required to be, an attorney;[42]
Inform the Complainant of the right to file a Formal Complaint and seek resolution under this grievance procedure; provide the Complainant with an overview of this procedure, including Supportive Measures; and inform the Complainant of the right to withdraw a Formal Complaint at any time prior to resolution and to decline or discontinue resolution under this procedure at any time, including that declining to participate in an investigation and/or hearing under these procedures may limit SUNY Canton’s ability to investigate meaningfully and respond to a report of prohibited conduct;[43]
As possible and appropriate, ascertain the Complainant’s preference for pursuing a Formal Complaint, Supportive Measures, or neither under this Procedure, and discuss with the Complainant any concerns or barriers to participating in any investigation and resolution process under this Procedure;[44]
Explain that SUNY Canton prohibits retaliation, that retaliation constitutes prohibited conduct under these procedures, and that SUNY Canton will take appropriate action in response to any act of retaliation;[45]
Inform the Complainant of their rights afforded under the Student Bill of Rights;[46] and
Communicate with appropriate SUNY Canton officials to determine whether the report triggers any Clery Act obligations, including the issuance of a timely warning or emergency notification, and take steps to meet those obligations.

Determining Jurisdiction

The Title IX Coordinator or designee will determine if the procedure should apply to a Formal Complaint. This procedure will apply when all the following elements are met, in the reasonable determination of the Title IX Coordinator:

The conduct is alleged to have occurred on or after August 14, 2020;[47]
The conduct is alleged to have occurred in the United States;[48]
The conduct is alleged to have occurred in SUNY Canton’s Education Program or Activity;[49] and
The alleged conduct, if true, would constitute Covered Sexual Harassment as defined in this Procedure.[50]

If all of the elements are met, SUNY Canton will investigate the allegations according to this procedure.

Multi-Party Situations and Consolidation of Complaints[51]

SUNY Canton may consolidate Formal Complaints alleging Covered Sexual Harassment against more than one Respondent, by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of Covered Sexual Harassment arise out of the same facts or circumstances.

Allegations Potentially Falling Under More Than One Policy or Procedure[52]

If the alleged conduct, if true, includes conduct that would constitute Covered Sexual Harassment and conduct that would not constitute Covered Sexual Harassment, this Title IX grievance procedure will be applied in the investigation and adjudication of all of the allegations.

Mandatory Dismissal[53]

SUNY Canton will investigate the allegations in a Formal Complaint. If the conduct alleged in the Formal Complaint would not constitute Covered Sexual Harassment as defined in federal law, even if proved; did not occur in SUNY Canton’s Education Program or Activity; or did not occur against a person in the United States, then SUNY Canton must dismiss the Formal Complaint regarding that conduct for purposes of Sexual Harassment under Title IX.[54] Such a dismissal does not preclude action under another provision of the institution’s Student Code of Conduct, the Discrimination Complaint Procedure, any other appropriate SUNY Canton policy and/or procedure, or the employee disciplinary process as described in the applicable collective bargaining agreement.[55] Each Party may appeal a dismissal using the procedure outlined in “Appeals” below.

Discretionary Dismissal[56]

The Title IX Coordinator or designee may dismiss a Formal Complaint brought under the Title IX Grievance Procedure, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if:

A Complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint;
The Respondent is no longer enrolled or employed by SUNY Canton; or,
Specific circumstances prevent SUNY Canton from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.[57]

Any Party may appeal a dismissal determination using the process set forth in “Appeals” below.

Notice of Dismissal[58]

Upon reaching a decision that the Formal Complaint will be dismissed, SUNY Canton will promptly send written notice of the dismissal of the Formal Complaint or any specific allegation within the Formal Complaint and the reason for the dismissal, simultaneously to the Parties through their institutional email accounts. It is the responsibility of the Parties to maintain and regularly check their institutional email accounts.

When a Formal Complaint is dismissed, SUNY Canton will, at a minimum, offer Supportive Measures to the Complainant as appropriate and to the Respondent as appropriate (if the Respondent has been notified of the allegations), and take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within SUNY Canton’s Education Program or Activity.

Notice of Removal[59]

Upon dismissal for purposes of Title IX, SUNY Canton retains discretion to address the allegations under the Student Code of Conduct, the Discrimination Complaint Procedure, another applicable SUNY Canton policy or procedure, or the employee disciplinary process, as appropriate. If SUNY Canton refers the allegations to another process, it will promptly provide written notice that the Formal Complaint has been dismissed under this Title IX grievance procedure and that the allegations have been removed from that procedure and referred to the other applicable process.

Notice of Allegations[60]

The Title IX Coordinator will draft and provide the Notice of Allegations to each Party. Such notice will occur as soon as practicable upon receipt of a Formal Complaint, if there are no extenuating circumstances.

The Parties will be notified through their institutional email accounts if they are a student or employee and by other reasonable means if they are neither.

SUNY Canton will provide sufficient time for the Parties to review the Notice of Allegations and prepare a response before any initial interview.

The Title IX Coordinator or designee may determine that the Formal Complaint will be dismissed on the grounds identified above and will issue a Notice of Dismissal.[61] If such a determination is made, any Party identified in the Formal Complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations.

Contents of Notice[62]

The Notice of Allegations will include the following:

Notice of the institution’s Title IX Grievance Procedure and a hyperlink to a copy of the process.[63]
Notice of the allegations potentially constituting Covered Sexual Harassment and sufficient details known at the time the notice is issued, such as the identities of the Parties involved in the incident, if known, including the Complainant; the conduct allegedly constituting Covered Sexual Harassment; and the date and location of the alleged incident, if known.[64]
A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of this grievance procedure.[65]
A statement that the Parties may have an advisor of their choice, who may be, but is not required to be, an attorney;[66]
A statement that before the conclusion of the investigation, the Parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the institution does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a Party or other source;[67]
Students are prohibited from knowingly making false statements or knowingly submitting false information during the grievance process as is provided in the Student Code of Conduct.[68]

Ongoing Notice[69]

If during an investigation, SUNY Canton decides to investigate allegations about the Complainant or Respondent that are not included in the Notice of Allegations and would otherwise constitute Covered Sexual Harassment falling within the Title IX Grievance Procedure, the institution will notify the Parties whose identities are known of the additional allegations through their institutional email accounts or other reasonable means. The Parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional allegations.

Advisors of Choice[70]

SUNY Canton will provide the Parties equal access to advisors and support persons and will not limit the choice or presence of advisor for either Party. Any restrictions on advisor participation will be applied equally.[71]

Individuals participating as a Complainant or Respondent in this process may be accompanied by an advisor of choice to any meeting or hearing they are required or are eligible to attend. The advisor of choice is not an advocate. Except where explicitly stated by this procedure, advisors of choice shall not participate directly in the process, consistent with standard policy and practice of SUNY Canton except for required cross-examination by such advisor during a live hearing. SUNY Canton may establish Rules of Decorum and otherwise establish restrictions regarding the extent to which advisors may participate in the proceedings.[72]

SUNY Canton will not intentionally schedule meetings or hearings on dates when the advisors of choice for all Parties are not available, provided that the advisors act reasonably in providing available dates and work collegially to find dates and times that meet all schedules within a reasonable timeframe.

SUNY Canton’s obligations to investigate and adjudicate in a prompt timeframe under Title IX and other SUNY Canton policies apply to matters governed under this procedure, and SUNY Canton cannot agree to extensive delays solely to accommodate the schedule of an advisor of choice. The determination of what is reasonable shall be made by the Title IX Coordinator or designee. SUNY Canton will not be obligated to delay a meeting or hearing under this process more than five (5) business days due to the unavailability of an advisor of choice, and may offer the Party the opportunity to obtain a different advisor of choice or utilize one provided SUNY Canton.[73]

Notice of Meetings and Interviews[74]

SUNY Canton will provide, to a Party whose participation is invited or expected, written notice of the date, time, location, participants and purpose of all hearings, investigative interviews or other meetings with a Party, with sufficient time for the Party to prepare to participate.

Investigation

General Rules of Investigations[75]

The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will perform an investigation of the conduct alleged to constitute Covered Sexual Harassment in a reasonably prompt timeframe after issuing the Notice of Allegations.[76] The investigation will generally include individual interviews of the Complainant/Reporting Individual, the Respondent, and relevant witnesses. The Parties may submit in writing the names of witnesses they would like the investigator to interview and proposed questions or topics for the investigator to address with witnesses, themselves, and the other Party.[77] The investigator has the discretion to determine the relevance of any proffered witnesses and, accordingly, will determine which witnesses to interview.[78]

SUNY Canton, and not the Parties, has the burden of proof and the burden of gathering evidence sufficient to reach a determination, i.e., the responsibility of showing that a violation of this procedure has occurred. This burden does not rest with either Party, and either Party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from SUNY Canton and does not indicate responsibility.[79]

SUNY Canton cannot access, consider, disclose, or otherwise use a Party’s medical records without a voluntary, written consent from the Party to whom the records belong or about whom the records contain information.[80] SUNY Canton will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e., evidence that tends to prove and disprove the allegations) as described below.[81]

All deadlines and time requirements in this procedure may be extended for good cause as determined by the Title IX Coordinator or their designee.[82] The Respondent and the Complainant, as well as their advisors, will be notified in writing of the delay, the reason for the delay, and the date of the new deadline or event. Extensions requested by one Party will not typically be longer than five (5) business days.

Inspection and Review of Evidence

Prior to the completion of the investigation, the Parties will have an equal opportunity to inspect and review the evidence obtained through the investigation in an electronic format or a hard copy.[83] The purpose of the inspection and review process is to allow each Party an equal opportunity to respond meaningfully to the evidence prior to the conclusion of the investigation.[84] The Parties will have at least ten (10) business days to submit a written response, which the investigator will consider prior to completion of the investigative report.[85]

Evidence available for inspection and review by the Parties will include any evidence that is Relevant or directly related to the allegations raised in the Formal Complaint,[86] including:

Evidence that is related, even if that evidence does not end up being relied upon by SUNY Canton in making a determination regarding responsibility;
Inculpatory or exculpatory evidence (i.e. evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a Party or other source.[87]

All Parties must submit any evidence they would like the investigator to consider before the Parties’ time to inspect and review evidence begins.[88]

SUNY Canton will provide each Party and each Party’s advisor, if any, with the evidence made available for inspection and review.[89] SUNY Canton is not obligated to use any specific process or technology to provide the evidence and has sole discretion to determine the format and any restrictions or limitations on access.[90]

Any evidence deemed Relevant after inspection and review will be available at any hearing, including for purposes of cross-examination.[91]

The Parties and their advisors must sign an agreement not to disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to this Title IX grievance procedure.[92]

The Parties and their advisors agree not to photograph or otherwise copy the evidence.[93]

Inclusion of Evidence Not Directly Related to the Allegations[94]

Evidence obtained in the investigation that is determined, in the reasoned judgment of the Title IX Coordinator or their designee, not to be directly related or Relevant to the allegations in the Formal Complaint will be included in the appendices to the investigative report. These appendices will be made available exclusively to both Parties unless an appeal is filed.

Investigative Report[95]

The Title IX Coordinator or their designee will create an investigative report that fairly summarizes Relevant evidence and, at least ten (10) business days prior to a hearing, will send the investigative report, in electronic format or hard copy format, to each Party and the Party’s advisor.[96] The investigative report is not intended to catalog all evidence obtained by the Title IX Coordinator or their designee, but only to provide a fair summary of that evidence.[97] Only Relevant evidence (including both inculpatory and exculpatory, i.e., tending to prove and disprove the allegations) will be referenced in the investigative report.[98] The Title IX Coordinator or their designee may redact irrelevant information from the investigative report when that information is contained in documents or evidence that are otherwise Relevant.[99]

Hearing

General Rules of Hearings[100]

SUNY Canton will not issue a disciplinary sanction arising from an allegation of Covered Sexual Harassment without holding a live hearing.

The live hearing may be conducted with all Parties physically present in the same geographic location, or, at the request of either Party, SUNY Canton will provide for the live hearing to occur with the Parties located in separate rooms with technology enabling the Decision-maker(s) and Parties to simultaneously see and hear the Parties or the witnesses answering questions.[101] At the discretion of SUNY Canton, any or all witnesses and other participants may appear at the live hearing virtually.[102] At its discretion, SUNY Canton may delay or adjourn a hearing based on technological errors not within a Party’s control.[103]

Prior to obtaining access to any evidence, the Parties and their advisors must sign an agreement not to disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to this Title IX grievance procedure. Once signed, this agreement may not be withdrawn.[104]

Continuances or Granting Extensions

SUNY Canton may determine that multiple sessions or a continuance (i.e., a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, SUNY Canton will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable.

Newly Discovered Evidence[105]

As a general rule, no new evidence or witnesses may be submitted during the live hearing.

If a Party identifies new evidence or witnesses that were not reasonably available prior to the live hearing and could affect the outcome of the matter, the Party may request that such evidence or witnesses be considered at the live hearing.

The Decision-maker will consider this request and make a determination regarding:

whether such evidence or witness testimony was unavailable despite reasonable efforts prior to the hearing; and
whether such evidence or witness testimony could affect the outcome of the matter.

The Party offering the newly discovered evidence or witness has the burden of establishing these questions by the preponderance of the evidence.

If the Decision-maker answers in the affirmative to both questions, then the Parties will be granted a reasonable pause in the hearing to review the evidence and/or prepare for questioning of the witness.

Participants in the Live Hearing

Live hearings are not public, and the only individuals permitted to participate in the hearing are as follows:

Complainant and Respondent (the Parties)

The Parties cannot waive the right to a live hearing,[106] though they are not required to participate.[107]
SUNY Canton may still proceed with the live hearing in the absence of a Party and may reach a determination of responsibility in their absence.[108]
The SUNY Canton will not threaten, coerce, intimidate or discriminate against the Party in an attempt to secure the Party’s participation.[109]
The Decision-maker cannot draw an inference about the determination regarding responsibility based solely on a Party’s absence from the live hearing or refusal to answer cross-examination or other questions.[110]
The Parties shall be subject to SUNY Canton’s Rules of Decorum, which can be found on SUNY Canton’s website and will be provided in advance of any live hearing.[111]

The Decision-maker

The Decision-maker will be a hearing body that will consist of: a three member hearing panel composed of campus employees who have received appropriate training consistent with SUNY Student Conduct Institute standards. The panel will consist of one Hearing Board Chair and two additional Decision-makers. For cases involving an Employee Respondent, the hearing panel will be selected from outside of the Respondent’s bargaining unit.
No member of the hearing body will also have served as the Title IX Coordinator, Title IX investigator or advisor to any Party in the case, nor may any member of the hearing body serve on the appeals body in the case.[112]
No member of the hearing body will have a conflict of interest or bias in favor of or against Complainants or Respondents generally, or in favor of or against the Parties to the particular case.[113]
The hearing body will be trained on topics including how to serve impartially, issues of relevance, including how to apply the rape shield protections provided for Complainants, and any technology to be used at the hearing.[114]
The Parties will have an opportunity to raise any objections regarding a Decision-maker’s actual or perceived conflicts of interest or bias at the commencement of the live hearing.[115]

Advisor of Choice

The Parties have the right to select an advisor of their choice, who may be, but does not have to be, an attorney.[116] If a Party does not have an advisor present at the live hearing, SUNY Canton will provide, without fee or charge to that Party, an advisor of SUNY Canton’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that Party.[117]
The advisor of choice may accompany the Parties to any meeting or hearing they are permitted to attend, but may not speak for the Party, except for the purpose of cross-examination at a live hearing.[118]
The Parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a Party does not select an advisor, SUNY Canton will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at no fee or charge to the Party.[119]
If a Party does not attend the live hearing, the Party’s advisor may appear and conduct cross-examination on their behalf.[120]
If neither a Party nor their advisor appear at the hearing SUNY Canton will provide an advisor to appear on behalf of the non-appearing Party.[121]
Advisors must follow SUNY Canton’s Rules of Decorum applicable to advisors, which are available on SUNY Canton’s website and will be provided to all advisors prior to the live hearing.[122]

Witnesses

Witnesses cannot be compelled to participate in the live hearing and have the right not to participate in the hearing free from retaliation.[123]

Hearing Procedures

Title IX hearings are not civil or criminal proceedings and are not designed to mimic formal trial proceedings.[124] They are primarily educational in nature, and SUNY Canton will not permit any advisor or Decision-maker to question witnesses or Parties in an abusive, intimidating, or disrespectful manner.[125] All Parties, advisors of choice, institutional staff, and witnesses must treat others who are engaged in the process with respect.[126] These standards apply equally to all Parties and their advisors regardless of sex, gender, or other protected class, and regardless of whether they are in the role of Complainant or Respondent.[127]

For all live hearings conducted, the Administrative Hearing Officer or designee will open and establish rules and expectations for the hearing.[128] The Parties will each be given an opportunity to provide opening statements. Questioning of the Parties and witnesses will occur according to the procedures below.

Live Cross-Examination Procedure

Each Party’s advisor will conduct live cross-examination of the other Party or Parties and witnesses.[129] During this live cross-examination the advisor will ask the other Party or Parties and witnesses Relevant questions and follow-up questions, including those challenging credibility directly, orally, and in real time.[130] Before any cross-examination question is answered, the Decision-maker will determine if the question is Relevant and explain any decision to exclude a question as not Relevant.[131] Cross-examination questions that are duplicative of those already asked, including by the Decision-maker, may be deemed irrelevant if they have been asked and answered.[132]

If the Decision-maker determines that an advisor’s question is Relevant and not otherwise impermissible, then the question will be asked unless such question is unclear or harassing of the Party or witness being questioned.[133]

The Decision-maker must give an advisor an opportunity to clarify or revise a question that the Decision-maker has determined is unclear or harassing and, if the advisor sufficiently clarifies or revises a question so that it is no longer unclear or harassing, the question will be asked.[134]

Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not Relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.[135]

Rules of Decorum

When a Party’s advisor is removed from a hearing due to violation(s) of the Rules of Decorum, the hearing will continue in the absence of that advisor.[136] The Party may select a different advisor of their choice, or accept an advisor provided by SUNY Canton for the limited purpose of cross-examination at the hearing.[137] Reasonable delays, including the temporary adjournment of the hearing, may be anticipated should an advisor be removed.[138] A Party cannot serve as their own advisor in this circumstance.[139]

Where an advisor asks a relevant question in a manner that violates the Rules, such as yelling, screaming, badgering, or leaning-in to the witness or Party’s personal space, the question may not be deemed irrelevant by the Decision-maker simply because of the manner it was delivered.[140] Under that circumstance, the Decision-maker will notify the advisor of the violation of the Rules, and, if the question is Relevant, will allow the question to be re-asked in a respectful, non-abusive manner by the advisor (or a replacement advisor, should the advisor be removed for violation of the Rules).[141]

Review of Transcript/Recording

The institution will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the Parties for inspection and review.[142]

Determination Regarding Responsibility

Standard of Proof

SUNY Canton presumes that the Respondent is not responsible for the alleged Covered Sexual Harassment until a determination is made at the end of this Procedure.[143] SUNY Canton uses the preponderance of the evidence standard for investigations and determinations of responsibility for Formal Complaints covered under the Title IX Grievance Procedure.[144] This means that the investigation and hearing determine whether it is more likely than not that a violation of the Procedure occurred.[145]

General Considerations for Evaluating Testimony and Evidence

While the opportunity for cross-examination is required in all Title IX hearings,[146] determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual and digital evidence, as warranted in the reasoned judgment of the Decision-maker.[147]

The Decision-maker shall not draw inferences regarding a Party’s or witness’s credibility based on the Party’s or witness’s status as a Complainant, Respondent, or witness, nor shall the Decision-maker base their judgments in stereotypes about how a Party or witness would or should act under the circumstances.[148]

Generally, credibility judgments should rest on the demeanor of the Party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence.[149]

Still, credibility judgments should not rest on whether a Party’s or witness’s testimony is non-linear or incomplete, or whether the Party or witness is displaying stress or anxiety.[150]

The Decision-maker will afford the highest weight relative to other testimony to first-hand testimony by Parties and witnesses regarding their own memory of specific facts that occurred.[151] Both inculpatory and exculpatory (i.e., tending to prove and disprove the allegations) evidence will be weighed in equal fashion.[152]

Except where specifically barred by the Title IX Final Rule, a witness’s testimony regarding third-party knowledge of the facts at issue will be allowed but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred.[153]

The Decision-maker cannot draw an inference about the determination regarding responsibility based solely on a Party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.[154]

The Final Rule requires that SUNY Canton allow Parties to call expert witnesses and character witnesses and present testimony regarding polygraph tests and other procedures that are outside of standard use in academic and non-academic conduct processes.[155] While these witnesses, testimony, and evidence are allowed by the Title IX Final Rule, the Decision-maker will be instructed to afford lower weight to such evidence relative to the testimony of fact witnesses.[156]

Where a Party’s or witness’s conduct or statements demonstrate that the Party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the Decision-maker may draw an adverse inference as to that Party’s or witness’s credibility.[157]

Components of the Determination Regarding Responsibility

The written Determination Regarding Responsibility will be issued simultaneously to all Parties through their institutional email accounts or other reasonable means, as necessary.[158] The Determination will include:

Identification of the allegations potentially constituting Covered Sexual Harassment;[159]
A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the Parties, interviews with Parties and witnesses, site visits, methods used to gather other evidence, and hearings held;[160]
Findings of fact supporting the determination;[161]
Conclusions regarding the application of the Code of Conduct or other applicable policy to the facts;[162]
For each allegation:
1. A statement of, and rationale for, a determination regarding responsibility;
2. A statement of, and rationale for, any disciplinary sanctions from the Student Code of Conduct the recipient imposes on the Respondent; and
3. A statement of, and rationale for, whether remedies designed to restore or preserve equal access to SUNY Canton’s Education Program or Activity will be provided by SUNY Canton to the Complainant/Reporting Individual;[163] and
SUNY Canton’s procedures and the permitted reasons for the Complainant and Respondent to appeal (described below in “Appeals”).[164]

Timeline of Determination Regarding Responsibility

For cases involving student Respondents, if there are no extenuating circumstances, the determination regarding responsibility will be issued by SUNY Canton within ten (10) business days of the completion of the hearing.

Sanctions for Students

For cases with a student Respondent who was determined to be responsible, the written Determination Regarding Responsibility will also include a statement of the sanctions.[165] In determining sanctions, the Panel will consider the severity of the prohibited conduct; the circumstances of the prohibited conduct; the impact of the prohibited conduct and sanctions on the Complainant and remedies for the Complainant; the impact of the prohibited conduct and sanctions and remedies on the community; the impact of the prohibited conduct and sanctions and remedies on the Respondent; prior misconduct by the Respondent, including the Respondent’s previous school disciplinary record, both at the institution and elsewhere, and any criminal convictions; the goals of this policy and procedure; and any other mitigating, aggravating, or compelling factors.

The possible sanctions for student Respondents are as follows, in accordance with SUNY Canton’s Student Code of Conduct:

Sexual Harassment
- Quid pro quo harassment: Possible sanctions may include, but are not limited to, Removal from housing, Disciplinary Probation, Suspension, or Expulsion
- Hostile environment harassment: Possible sanctions may include, but are not limited to, Removal from Housing, Disciplinary Probation, Suspension, or Expulsion
Sexual Assault: Any student who has been found responsible through this procedure or the student conduct process for committing the act of Rape shall be issued the sanction of suspension or expulsion from SUNY Canton. For any such Respondent, if the Rape was forcible, meaning that the Rape was accomplished by physical force, threat, or drugging by the Respondent, the Respondent shall be issued the sanction of expulsion from SUNY Canton. All decisions must be in writing and must include the rationale for findings of responsibility and sanctions imposed in accordance with this procedure.
Dating Violence: Possible sanctions include Suspension or Expulsion.
Domestic Violence: Possible sanctions include Suspension or Expulsion.
Stalking: Possible sanctions include Suspension or Expulsion.

Appeals

Parties may appeal a dismissal of a Formal Complaint, any included allegations and/or a determination regarding responsibility by submitting a written appeal to the Office of Student Conduct within five (5) business days after receiving the written decision.[166] For student Respondents, appeals will be heard by the Title IX Appeals Panel. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the proceedings and/or supporting documents.

Such appeals shall be in writing and shall be delivered to the Director of Student Conduct or designee. More information and instructions on how to submit your appeal are available through the SUNY Canton Hearing Board Appeal Form.

Each Party may appeal the dismissal of a Formal Complaint or any included allegations and/or a determination regarding responsibility on the following bases:

Procedural irregularity that affected the outcome of the matter;[167]
New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;[168] and
The Title IX Coordinator, investigator(s), or decision-maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.[169]

The other Party will be notified in writing when an appeal is filed, and SUNY Canton will implement appeal procedures equally for both Parties.[170]

The Title IX coordinator will administer the appeal process, including notifying the Parties, transmitting the appeal materials to the Appeals Panel, and coordinating applicable deadlines. Title IX Coordinator will not participate in the Appeals Panel’s deliberations or decision. If an appeal alleges that the Title IX Coordinator has a conflict of interest or bias that affected the outcome, another qualified campus official will administer the appeal process and appoint or coordinate the Appeals Panel, as appropriate. The Decision-maker for the appeal will not be the same person as the Decision-maker that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator.[171] Both Parties will be provided a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome.[172]

Within fourteen (14) business days of receipt of all appeal materials, the institution will issue a written decision describing the result of the appeal and the rationale for the result and provide the written decision simultaneously to both Parties.[173]

The filing of an appeal stays any sanctions during the pendency of an appeal. Supportive Measures and remote learning opportunities remain available during the pendency of the appeal.

Composition of Panel

The Title IX Appeals Panel will review all student appeals brought forward by either Party in cases involving Title IX. It shall be composed of at least two individuals appointed by the Student Conduct Office who have been trained in accordance with state and federal law. The Panel shall be trained annually on Title IX processes and decision-making.

In the event that a member of the Title IX Appeals Panel cannot hear the case or must recuse themselves, the Director of Student Conduct may appoint another panel member to review the case.  

Finality

The determination regarding responsibility becomes final either on the date that SUNY Canton provides the Parties with the written determination of the result of the appeal, if an appeal is filed consistent with the procedures and timeline outlined in “Appeals” above, or if an appeal is not filed, the date on which the opportunity to appeal expires.[174]

Transcript Notations

For crimes of violence, including, without limitation, sexual violence, defined as crimes that meet the reporting requirements pursuant to the Clery Act (20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII)), SUNY Canton is required to make a notation on the transcript of a student found responsible for suspension or expulsion, per SUNY Canton’s Transcript Notation Policy 30.7 Code of Conduct, Rights & Responsibilities | SUNY Canton ).[175]

Retaliation[176]

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX. Complaints alleging Retaliation involving a student may be filed under SUNY Canton’s Student Code of Conduct; complaints involving an employee may be referred to the Human Resources Office.

Section Footnotes:

[1] 34 C.F.R. § 106.30(a). [2] 34 C.F.R. § 106.30(a). [3] 34 C.F.R. § 106.30(a). [4] 34 C.F.R. § 106.30(a); 20 U.S.C. 1092(f)(6)(A)(v). [5] 34 C.F.R. § 106.30(a); 34 U.S.C. 12291(a)(10). [6] 34 C.F.R. § 106.30(a); 34 U.S.C. 12291(a)(8). [7] 34 C.F.R. § 106.30(a); 34 U.S.C. 12291(a)(30). [8] 34 C.F.R. § 106.30(a); N.Y. Ed. L. § 6441 (2015). [9] 34 C.F.R. § 106.44(a). [10] 34 C.F.R. § 106.30(a). [11] 34 C.F.R. § 106.30(a); N.Y. Ed. L. § 6439(9). [12] 85 Fed. Reg. 30026, 30246-49 (May 19, 2020). [13] 85 Fed. Reg. at 30247. [14] 34 C.F.R. § 106.45(b)(6)(i). [15] 34 C.F.R. § 106.45(b)(1)(x). [16] 85 Fed. Reg. at 30294. [17] 34 C.F.R. § 106.30(a); N.Y. Ed. L. § 6439(8). [18] N.Y. Ed. L. § 6439(9). [19] 34 C.F.R. § 106.30(a); N.Y. Ed. L. § 6444(3). [20] 85 Fed. Reg. at 30523-24. [21] 34 C.F.R. § 106.8(a). [22] 34 C.F.R. § 106.8(a). [23] 34 C.F.R. § 106.44(a). [24] 34 C.F.R. § 106.44(c). [25] 34 C.F.R. § 106.44(c); N.Y. Ed. L. § 6444(1)(4)(f). [26] 85 Fed. Reg. at 30535-38; N.Y. Ed. L. § 6442. [27] 85 Fed. Reg. at 30493-95. [28] 34 C.F.R. § 106.30(a). [29] 34 C.F.R. § 106.45(b)(1)(v). [30] 34 C.F.R. § 106.30(a). [31] 34 C.F.R. § 106.30(a). [32] 34 C.F.R. § 106.30(a); 85 Fed. Reg. at 30089. [33] See N.Y. Ed. L. § 6444. [34] See N.Y. Ed. L. § 6444. [35] N.Y. Ed. L. § 6444(2), (3), & (4). [36] N.Y. Ed. L. § 6444(1). [37] N.Y. Ed. L. § 6444(3). [38] N.Y. Ed. L. § 6444(2). [39] N.Y. Ed. L. § 6444(1)(b). [40] N.Y. Ed. L. § 6444(3) & (7). [41] N.Y. Ed. L. § 6444(4)(h). [42] N.Y. Ed. L. § 6444(5)(c)(i).[43] N.Y. Ed. L. § 6444(1)(f). [44] N.Y. Ed. L. § 6444(4)(h). [45] N.Y. Ed. L. § 6444(2). [46] N.Y. Ed. L. § 6443. [47] 85 Fed. Reg. at 30028. [48] 34 C.F.R. § 106.11. [49] 34 C.F.R. § 106.11. [50] 34 C.F.R. § 106.30(a). [51] 34 C.F.R. § 106.45(b)(4). [52] See 34 C.F.R. § 106.6(h). [53] 34 C.F.R. § 106.45(b)(3). [54] 34 C.F.R. § 106.45(b)(3)(i). [55] 34 C.F.R. § 106.45(b)(3)(i). [56] 34 C.F.R. § 106.45(b)(3). [57] 34 C.F.R. § 106.45(b)(3)(ii). [58] 34 C.F.R. § 106.45(b)(3)(iii). [59] See 34 C.F.R. § 106.45(b)(3)(iii). [60] 34 C.F.R. § 106.45(b)(2). [61] 34 C.F.R. § 106.45(3)(iii). [62] 34 C.F.R. § 106.45(b)(2). [63] 34 C.F.R. § 106.45(b)(2)(i)(A). [64] 34 C.F.R. § 106.45(b)(2)(i)(B). [65] 34 C.F.R. § 106.45(b)(2)(i)(B). [66] 34 C.F.R. § 106.45(b)(2)(i)(B); 34 C.F.R. § 106.45(b)(5)(iv). [67] 34 C.F.R. § 106.45(b)(2)(i)(B); 34 C.F.R. § 106.45(b)(5)(vi). [68] 34 C.F.R. § 106.45(b)(2)(i)(B). [69] 34 C.F.R. § 106.45(b)(2)(ii). [70] 34 C.F.R. § 106.45(b)(5)(iv). [71] 34 C.F.R. § 106.45(b)(5)(iv). [72] 34 C.F.R. § 106.45(b)(5)(iv). [73] 34 C.F.R. § 106.45(b)(1)(v). [74] 34 C.F.R. § 106.45(b)(5)(v). [75] 34 C.F.R. § 106.45(b)(5). [76] 34 C.F.R. § 106.45(b)(1)(v). [77] 34 C.F.R. § 106.45(b)(5)(ii) & (iii); 34 C.F.R. § 106.45(b)(6)(i). [78] 34 C.F.R. § 106.45(b)(6)(i). [79] 34 C.F.R. § 106.45(b)(5)(i). [80] 34 C.F.R. § 106.45(b)(5)(i). [81] 34 C.F.R. § 106.45(b)(5)(ii). [82] 34 C.F.R. § 106.45(b)(1)(v). [83] 34 C.F.R. § 106.45(b)(5)(vi).[84] 34 C.F.R. § 106.45(b)(5)(vi). [85] 34 C.F.R. § 106.45(b)(5)(vi). [86] 34 C.F.R. § 106.45(b)(5)(vi). [87] 34 C.F.R. § 106.45(b)(5)(vi). [88] See 85 Fed. Reg. 30026, 30307 (May 19, 2020). [89] 34 C.F.R. § 106.45(b)(5)(vi). [90] See 85 Fed. Reg. at 30422. [91] 34 C.F.R. § 106.45(b)(5)(vi). [92] See 85 Fed. Reg. 30026, 30435 (May 19, 2020). [93] See 85 Fed. Reg. 30026, 30435 (May 19, 2020). [94] 34 C.F.R. § 106.45(b)(5)(vi). [95] 34 C.F.R. § 106.45(b)(5)(vii). [96] 34 C.F.R. § 106.45(b)(5)(vii). [97] 34 C.F.R. § 106.45(b)(5)(vii). [98] 34 C.F.R. § 106.45(b)(5)(vii). [99] See 85 Fed. Reg. 30026, 30304 (May 19, 2020). [100] 34 C.F.R. § 106.45(b)(6). [101] 34 C.F.R. § 106.45(b)(6)(i). [102] 34 C.F.R. § 106.45(b)(6)(i); see 85 Fed. Reg. at 30332. [103] 34 C.F.R. § 106.45(b)(1)(v). [104] See 85 Fed. Reg. 30026, 30435 (May 19, 2020). [105] See 85 Fed. Reg. at 30294-95. [106] 85 Fed. Reg. at 30361. [107] 85 Fed. Reg. at 30430. [108] See 34 C.F.R. § 106.71. [109] See 34 C.F.R. § 106.71; see also 85 Fed. Reg. 30026, 30216 (May 19, 2020). [110] See 34 C.F.R. §106.45(b)(6)(i). [111] See 85 Fed. Reg. at 30319. [112] 34 C.F.R. §106.45(b)(7)(i). [113] 34 C.F.R. §106.45(b)(1)(iii). [114] 34 C.F.R. §106.45(b)(1)(iii). [115] See 85 Fed. Reg. 30026, 30250 (May 19, 2020). [116] 34 C.F.R. §106.45(b)(5)(iv). [117] 34 C.F.R. §106.45(b)(6)(i). [118] 34 C.F.R. §106.45(b)(5)(iv). [119] 34 C.F.R. §106.45(b)(6)(i). [120] 85 Fed. Reg. 30026, 30340 (May 19, 2020). [121] See 85 Fed. Reg. at 30339-40. [122] See 85 Fed. Reg. at 30319. [123] See 85 Fed. Reg.at 30360. [124] See 85 Fed. Reg. at 30097. [125] 85 Fed. Reg. at 30319. [126] See 85 Fed. Reg. 30026, 30319 (May 19, 2020). [127] See 85 Fed. Reg. at 30532. [128] 85 Fed. Reg. at 30347. [129] 34 C.F.R. §106.45(b)(6)(i). [130] 34 C.F.R. §106.45(b)(6)(i). [131] 34 C.F.R. §106.45(b)(6)(i). [132] See 85 Fed. Reg. 30026, 30361 (May 19, 2020). [133] 34 C.F.R. §106.45(b)(6)(i); 85 Fed. Reg. at 30331. [134] See 85 Fed. Reg. at 30331. [135] 34 C.F.R. §106.45(b)(6)(i). [136] 85 Fed. Reg. at 30320. [137] 85 Fed. Reg. 30026, 30320 (May 19, 2020). [138] 34 C.F.R. §106.45(b)(1)(v). [139] 34 C.F.R. §106.45(b)(6)(i). [140] See 85 Fed. Reg. at 30331. [141] See 85 Fed. Reg. at 30331. [142] 34 C.F.R. §106.45(b)(6)(i). [143] 34 C.F.R. §106.45(b)(1)(iv). [144] 34 C.F.R. §106.45(b)(1)(vii). [145] See 85 Fed. Reg. 30026, 30385 (May 19, 2020). [146] 34 C.F.R. §106.45(b)(6)(i). [147] See 85 Fed. Reg. at 30349. [148] 34 C.F.R. §106.45(b)(1)(ii) & (iii); See 85 Fed. Reg. 30026, 30238 (May 19, 2020). [149] 85 Fed. Reg. at 30321. [150] See 85 Fed. Reg. at 30321. [151] See 85 Fed. Reg. at 30221. [152] See 85 Fed. Reg. at 30221. [153] See 85 Fed. Reg. 30026, 30347 (May 19, 2020). [154] 34 C.F.R. §106.45(b)(6)(i). [155] 34 C.F.R. §106.45(b)(5)(iI). [156] See 85 Fed. Reg. at 30221. [157] 34 C.F.R. §106.71; see 85 Fed. Reg. 30026, 30296 (May 19, 2020). [158] 34 C.F.R. §106.45(b)(7)(iii). [159] 34 C.F.R. §106.45(b)(7)(ii)(A). [160] 34 C.F.R. §106.45(b)(7)(ii)(B). [161] 34 C.F.R. §106.45(b)(7)(ii)(C). [162] 34 C.F.R. §106.45(b)(7)(ii)(D). [163] 34 C.F.R. §106.45(b)(7)(ii)(E). [164] 34 C.F.R. §106.45(b)(7)(ii)(F). [165] 34 C.F.R. §106.45(b)(7)(ii)(E). [166] See 34 C.F.R. §106.45(b)(8). [167] 34 C.F.R. §106.45(b)(8)(i)(A). [168] 34 C.F.R. §106.45(b)(8)(i)(B). [169] 34 C.F.R. §106.45(b)(8)(i)(C). [170] 34 C.F.R. §106.45(b)(8)(iii)(A). [171] 34 C.F.R. §106.45(b)(8)(iii)(B). [172] 34 C.F.R. §106.45(b)(8)(iii)(D). [173] 34 C.F.R. §106.45(b)(8)(iii)(E) & (F). [174] 34 C.F.R. §106.45(b)(7)(iii). [175] 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII); N.Y. Ed. L. § 6444(6) (2015). [176] 34 C.F.R. §106.71.

30.8.5 Campus Climate Assessment Policy

Climate assessments afford institutions the opportunity to better understand their campus and to make informed decisions when it comes to providing a safe educational environment. Beginning in the 2015-2016 academic year, each State University of New York State-operated and community college will conduct a uniform climate survey that ascertains student experience with and knowledge of reporting and college adjudicatory processes for sexual harassment, including sexual violence, and other related crimes.

The survey will address at least the following:

Student and employee knowledge about:

The Title IX Coordinator’s role;
Campus policies and procedures addressing sexual assault;
How and where to report sexual violence as a victim/survivor or witness;
The availability of resources on and off campus, such as counseling, health, academic assistance;
The prevalence of victimization and perpetration of sexual assault, domestic violence, dating violence, and stalking on and off campus during a set time period (for example, the last two years);
Bystander attitudes and behavior;
Whether victims/survivors reported to the College/University and/or police, and reasons why they did or did not report;
The general awareness of the difference, if any, between the institution’s policies and the penal law; and
The general awareness of the definition of affirmative consent.

Every institution shall take steps to ensure that answers remain anonymous and that no individual is identified. Results will be published on the campus website providing no personally identifiable information shall be shared.

The Chancellor or designee will convene a group of scholars and practitioners to review methods of assessing campus climate, specific questions asked in past surveys, relevant data on responses and response rates, issues and problems encountered in survey implementation, and lessons learned from past surveys. The Chancellor or designee will gather this data and seek to develop a standardized survey, with the advice of relevant members of the SUNY community and knowledgeable outside entities, that uses established measurement tools, to be implemented every two years by all SUNY State-operated and community colleges beginning in the 2015-2016 academic year. This policy may be changed by the Chancellor or designee should federal and/or State legislation require a different process or duplicate efforts to assess campus climate via survey.

30.8.6 Bystander Intervention and Amnesty Policy

How to Help as a Bystander

The College/university expects all members of the campus community to take reasonable and prudent actions to prevent or stop an act of violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault. Educating and engaging bystanders are effective ways to help prevent acts of violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault. Bystanders can help in several different ways, including direct intervention, seeking assistance from an authority figure, notifying University Police, or calling State or local law enforcement.

If you see an act of violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault, it is important to understand that no individual has the right to be violent, even if two people are in a relationship. Recognizing when acts of domestic violence, dating violence, stalking, or sexual assault are occurring is the first step to intervening. Required campus education and training programs give a full synopsis on recognizing when domestic violence, dating violence, stalking, or sexual assault is taking place. If you make the decision to intervene, do so safely—violence does not stop violence, and, if you cannot stop the act with your words, call law enforcement.

Do not be afraid to ask an RA, RD, or other students for help.

If a victim confides in you: It is important to let the victim tell their story. Listen respectfully, and help them explain and identify what has happened to them. Help the victim identify others in their network who they can confide in. Ask the victim what they need to feel safe, encourage them to seek medical attention and counseling, and encourage them to report the act if they feel comfortable doing so.

Amnesty Policy

SUNY Canton’s Amnesty Policy supports students who reach out for assistance in the case of a medical emergency, as well as supports the student who is helped. Therefore, a student or student organization seeking medical treatment for themselves, or for any other student who is in immediate medical need, or any student who is the recipient of this emergency medical help, will not be subject to disciplinary sanctions related to the violation of using or possessing alcohol or other drugs, as defined in Community Rights and Responsibilities (Prohibited Conduct Drugs and Alcohol). This policy applies to emergencies both on and off campus.

The health and safety of every student at the State University of New York and its State-operated and community colleges is of utmost importance. SUNY Canton recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time of violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault incident occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. SUNY Canton strongly encourages students to report incidents of violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault to campus officials. A bystander reporting in good faith or a victim/survivor reporting violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault to SUNY Canton officials or law enforcement will not be subject to campus conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault.

Purpose:

At SUNY Canton, the health and safety of every student is of primary importance and all students are strongly encouraged to be empowered bystanders who respond in a potentially dangerous situation without fear of reprisal from SUNY Canton. SUNY Canton’s Amnesty Policy supports students who act responsibly by reaching out for assistance in the case of a medical emergency, as well as supports the student who is helped.

Application of the Policy:

A student is eligible to use the Amnesty Policy on more than one occasion and students are always strongly encouraged to report a medical emergency. The positive impact of reporting a medical emergency will always hold the highest priority when determining the appropriate response for University policy violations.

Repeated use of the amnesty provided by the Policy is cause for a higher level of concern for the well-being of the student and amnesty in these cases will be individually reviewed.

Parental Notification:

Because parents are vital partners in the educational process and because the student can be best supported from home, SUNY Canton typically contacts parents of students under 21 years of age in instances where there is evidence of risk to health, welfare or safety. In addition, SUNY Canton may record names of those students involved to enable SUNY Canton to follow up with the students as deemed necessary to ensure a student’s well-being.

Mandatory Intervention Program:

A student who receives medical assistance for alcohol use under the Amnesty Policy will be referred by The Vice President for Student Affairs/Dean of Students or their representative to a mandatory intervention program, such as the Decision Making Course at the SUNY Canton Counseling Center. Additionally, a student who qualifies for the Amnesty Policy by calling for medical assistance for another student may be referred to this program at the discretion of The Vice President for Student Affairs/Dean of Students.

For more information on SUNY Canton’s Amnesty Policy, please contact:

Vice President for Student Affairs/Dean of Students,
34 Cornell Drive, 229 Miller Campus Center, Canton, NY 13617,
Telephone: 315-386-7120,
Email: studentaffairs@canton.edu

30.8.7 Student Onboarding and Ongoing Education Guide

The State University of New York and its State-operated and community colleges believe that sexual violence prevention training and education cannot be accomplished via a single day or a single method of training. To that end, SUNY campuses will continue to educate all new and current students using a variety of best practices aimed at educating the entire College community in a way that decreases violence and maintains a culture where sexual assault and acts of violence are not tolerated.

All new first-year and transfer students will, during the course of their onboarding to a SUNY State-operated or community college, receive training on the following topics, using a method and manner appropriate to the institutional culture of each campus:

The institution prohibits sexual harassment, including sexual violence, domestic violence, dating violence, stalking, other violence or threats of violence, and will offer resources to any victims/survivors of such violence while taking administrative and conduct action regarding any accused individual within the jurisdiction of the institution.
Relevant definitions including, but are not limited to, the definitions of sexual violence and consent.
Policies apply equally to all students regardless of sexual orientation, gender identity, or gender expression.
The role of the Title IX Coordinator, University Police and other relevant offices that address violence prevention and response.
Awareness of violence, its impact on victims/survivors and their friends and family, and its long-term impact.
The Students’ Bill of Rights and Sexual Violence Response Policy, including:
- How to report sexual violence and other crimes confidentially, and/or to College officials, campus law enforcement and local law enforcement;
- How to obtain services and support.
Bystander intervention and the importance of taking action, when one can safely do so, to prevent violence.
The protection of the Policy for Alcohol and/or Drug Use Amnesty in Sexual and Interpersonal Violence Cases.
Risk assessment and reduction including, but not limited to, steps that potential victims/survivors and potential assailants and bystanders to violence can take to lower the incidence of sexual violence.
Consequences and sanctions for individuals who commit these crimes.

The onboarding process is not limited to a single day of orientation, but recognizes that students enroll at different times at different SUNY campuses and gives campuses the flexibility to best educate students at a time and manner that can most effectively bring these points to light. SUNY will conduct these trainings for all new students, whether first-year or transfer, undergraduate, graduate, or professional. Each campus shall use multiple methods to educate students about sexual violence prevention. Each SUNY institution will also share information on sexual violence prevention with parents of enrolling students.

Students at SUNY State-operated and community college campuses shall be offered general and specialized training in sexual violence prevention. Each institution will conduct a campaign, compliant with the requirements of the Violence Against Women Act, to educate the student population. Further, institutions will, as appropriate, provide or expand specific training to include groups such as international students, students who are also employees of the campus, leaders and officers of registered/recognized student organizations, online and distance education students. Institutions will also provide specific training to members of groups identified as likely to engage in high-risk behavior.

Beginning in the 2015-2016 academic year, SUNY State-operated and community colleges will require that student leaders and officers of registered/recognized student organizations and those seeking recognition complete training on domestic violence, dating violence, sexual assault, or stalking prevention as part of the approval process and require student-athletes to complete training in domestic violence, dating violence, sexual assault, or stalking prior to participating in intercollegiate athletics.

Methods of training and educating students may include, but are not limited to:

President’s welcome messaging;
Peer theater and peer educational programs;
Online training;
Social media outreach;
First-year seminars and transitional courses;
Course syllabi;
Faculty teach-ins;
Institution-wide reading programs;
Posters, bulletin boards, and other targeted print and email materials;
Programming surrounding large recurring campus events;
Partnering with neighboring SUNY and non-SUNY colleges to offer training and education;
Partnering with State and local community organizations that provide outreach, support, crisis intervention, counseling and other resources to victims/survivors of crimes to offer training and education. Partnerships can also be used to educate community organizations about the resources and remedies available on campus for students and employees seeking services; and
Outreach and partnering with local business that attract students to advertise and educate about these policies.

Each SUNY campus reported back to the Chancellor on or before March 31, 2015, on their plan to comply with this policy. Each institution must engage in a regular assessment of their programming and policies to determine effectiveness. The institution may either assess its own programming or conduct a review of other campus programming and published studies to adapt its programming to ensure effectiveness and relevance to students.

Prevention Education & Awareness Programs/Trainings

The College has educational programs to promote the awareness of rape, acquaintance rape, dating violence, domestic violence, sexual assault, and stalking. These educational programs include primary prevention and awareness programs for all incoming students and new employees. These educational programs will include: a statement that these crimes are prohibited at the College; definitions of consent, domestic violence, dating violence, sexual assault, and stalking in the College’s jurisdiction; safe and positive bystander intervention when there’s a risk of one of those incidents; information on risk reduction to recognize warning signs of abusive behavior and avoiding potential attacks; and information about the institutional disciplinary procedures. The various programs and trainings offered by the College/university are described below:

Prevention Programs: These are programs to prevent dating violence, domestic violence, sexual assault, and stalking. The programs are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research or assessed for value, effectiveness, or outcome. They also consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community, and societal levels.
Awareness Programs: These are community-wide or audience-specific programming initiatives and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration.
Bystander Intervention: These programs and trainings offer safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. They include recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.
Ongoing Prevention & Awareness Campaigns: These include programming initiatives and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the College/university and including information provided in campus educational programs.
Primary Prevention Programs: These include programming initiatives and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions.
Risk Reduction Programs: These programs present options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.

APPENDIX A:

NYS Division of Human Rights
State Headquarters
New York State Division of Human Rights
One Fordham Plaza, 4th Floor
Bronx, New York 10458
Tel: 718-741-8400
Fax: 718-741-3214

NYS Division of Human Rights
Albany Office
Empire State Plaza, Corning Tower, 28th Floor,
Albany, New York 12220
Tel: 518-474-2705
Fax: 518-473-3422

Office of Sexual Harassment
New York State Division of Human Rights Office of Sexual Harassment
55 Hanson Place, Suite 347
Brooklyn, New York 11217
Tel: 718-722-2060 or 1-800-427-2773
Fax: 718-722-4525

Office of AIDS Discrimination
New York State Division of Human Rights Office of AIDS Discrimination
20 Exchange Place, 2nd Floor
New York, New York 10005
Tel: 212-480-2522
Fax: 212-480-0143

United States Department of Labor
Office of Federal Contract Compliance Programs (OFCCP)
201 Varick Street, Room 750
New York, New York 10014
Tel: 212-337-2006
Fax: 212-620-7705

OFCCP New York District Office
26 Federal Plaza, Room 36-116
New York, New York 10278-0002
Tel: 212-264-7742
Fax: 212-264-8166

New York State Department of Labor
State Campus, Building 12, Room 500
Albany, New York 12240-0003
Tel: 518-457-274
Fax: 518-457-6908

United States Equal Employment Opportunity Commission
EEOC National Headquarters
1801 L. Street N.W.
Washington, D. C. 20507
Tel: 202-663-4900
Fax: 202-663-4912

EEOC Field Office
6 Fountain Plaza, Suite 350
Buffalo, New York 14202
Tel: 716-551-4441
Fax: 716-551-4387

Office for Civil Rights
OCR National Headquarters S. Department of Education
Office of Civil Rights,
Customer Service Team
Mary E. Switzer Building
330 C. Street, S. W.
Washington, D. C. 20202
Tel: 800-421-3481
Fax: 202-205-9862

Office for Civil Rights, New York Office
32 Old Slip, 26th Floor
New York, New York 10005-2500
OCR.NewYork@ed.gov
Tel: 646-428-3800

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