The University encourages all individuals who believe they have been subject to sexual harassment or discrimination—including sexual assault, dating violence, domestic violence, and/or stalking—to promptly report the alleged incident to University Public Safety, the Title IX Coordinator, or the Dean (or Dean of Students Office) of any of the University’s schools. The Title IX Coordinator can help individuals understand their options, rights, and available support services on-campus, and can assist with the on- campus reporting process; University Public Safety can assist in making a report to other area law enforcement agencies.
The Title IX Coordinator – All members of the University community are encouraged to report any instances or claims of Sexual Misconduct, to the Title IX Coordinator. The Title IX Coordinator can provide information about how to report an incident to either the police or to a University official.
Relevant Policies – The University Title IX Policy outlines the policies and procedures that govern the University’s grievance process to address complaints of Sexual Harassment, as that term is defined in the Title IX Regulations (34 C.F.R. Part 106) and in the University Title IX Policy.
The University’s Student Sexual Misconduct Policy (SSMP) describes additional, prohibited sex-based student behaviors that are not covered by the University Title IX Policy, as well as the policies and procedures that govern investigation and decision- making for complaints alleging these behaviors by students.
The University Policy Against Discrimination and Harassment (PADH) prohibits discrimination and harassment based on a number of protected classes, including sex. The PADH outlines the process the University uses to investigate complaints of harassment and discrimination against faculty, staff, visitors, patients and guests, to the extent the behavior is not covered by the Title IX Policy. This includes complaints brought by students, but not against students.
Overview of investigation and decision-making processes
In general, upon receiving a report the University may conduct an investigation, depending in part on the complaining party’s wishes. University investigations are prompt, fair and impartial, overseen by the Title IX Coordinator and/or Director of EEO Investigations (PADH), and conducted by investigators who receive annual training on, among other relevant topics, relevant University policies and issues related to sexual harassment, dating and domestic violence, sexual assault, and stalking (behaviors referred to as sexual misconduct). These investigators are trained in conducting investigations in a manner that protects the safety of parties and promotes accountability.
When a complaint of sexual misconduct is received, the University may initiate the grievance process or initiate informal resolution.
Informal Resolution is an option that may be offered by the Title IX Coordinator at their discretion and at any time prior to a determination whether Sex Discrimination or Sex-based Harassment occurred through a completed Grievance Process. The Title IX Coordinator may decline to offer Informal Resolution despite one or more of the parties’ wishes, such as when the alleged conduct would present a future risk of harm to others. Participating in an Informal Resolution process is voluntary. Initiating this process requires specific notifications to the Parties, as well as the Parties’ voluntary written consent to participate.
The Facilitator(s) will decide the process and method to be used in each Informal Resolution process. The Facilitator(s) will treat the Parties fairly and equitably. Each Party may be accompanied by their Advisor during the Informal Resolution process. The Facilitator(s) may meet with the Parties separately, may share information obtained during the course of any investigation with the Parties, may make suggestions about the terms of an Informal Resolution, and may take other reasonable steps to assist the Parties in determining if they can reach an Informal Resolution. The Facilitator(s) shall not require the Parties to meet together, in person; the Parties will meet together only if they choose to do so.
The University seeks to resolve all Complaints of Sex Discrimination and Sex-based Harassment thoroughly, fairly, equitably, and as promptly as possible based on the allegations. Circumstances may arise that justify a good cause extension of anticipated timeframes at the University’s initiative or at the request of a Party. Such circumstances may include, but are not limited to: the complexity of the allegations; expansion of the scope of the allegations as the investigation proceeds; the number of Witnesses involved; the availability of the Parties, Witnesses or others involved; the effect of a concurrent criminal investigation; breaks or other closures of campus; faculty sabbatical; approved employee leave; or unforeseen circumstances. In the event timelines are modified, the University will provide written notice to the Parties.
Right to an Advisor and Advisor Role
Each Party has the right to choose an Advisor to assist and advise them (at the Party’s own expense, if the Advisor is paid). Each Party has the right to be accompanied by their Advisor throughout the Grievance Process, including during all related meetings and hearings. Parties are encouraged to identify an Advisor as soon as practical, as Advisors play an important role. Advisors:
- provide support to the Party but do not serve as a proxy voice for the Party;
- can confer quietly with their Party as needed, but if there is a need for an extended discussion, the Party should ask for a break in the meeting, interview or Hearing;
- may not make statements or arguments or answer questions on behalf of Parties during meetings, interviews or during the Hearing;
- may not speak during the hearing process, except in connection with Advisor-conducted Questions, described in Section XVIII(F)(4)(c) below;
- cannot direct the Party how to answer a question; and
- must conduct themselves quietly and professionally, must not disrupt any meeting, interview or proceeding, and must comply with the Rules of Decorum established by the University.
An Advisor who does not follow the Rules of Decorum and other guidelines above may be removed from the meeting, interview or Hearing.
Each Party must notify the Title IX Coordinator promptly of the name, title, and contact information for their Advisors and any change in their Advisor. The University can connect a Party with a trained on-campus Advisor upon request.
The Investigator will conduct the investigation with a presumption that the Respondent is not responsible and will investigate free of bias and conflict of interest. The Investigator will provide advance written notice to each Party of the date, time, location, participants, and purpose of any meeting(s) the Investigator request with them. Parties will have equal access to information and the same rights to have others present. Investigations will be conducted in a thorough, impartial, and fair manner; all involved individuals will be treated with appropriate sensitivity and respect. Determinations regarding violations of this Policy will be made by using the preponderance of the evidence standard. Preponderance of the evidence means that an allegation is more likely true than not true.
The Investigator will decide which individuals to interview based on the information the Investigator gathers as part of the investigation and, with respect to Witnesses offered by a Party, the Investigator will ask the Party to describe the information the Party expects the Witness to provide. The Title IX Coordinator may also direct that additional interviews be conducted. Interviews will be supplemented by gathering any physical, documentary, and other evidence, as appropriate and available.
The Investigator will prepare a preliminary investigation report summarizing and attaching the Relevant, Admissible evidence and information obtained during the investigation, including Inculpatory Evidence and Exculpatory Evidence, and parties will have the opportunity to review.
At the conclusion of the investigation, the Title IX Coordinator will review the final investigation report and prepare a Notice of Hearing. Each Party and their Advisor will be invited to a Pre-Hearing Conference with the Title IX Coordinator and the Decision-maker to: review the Hearing process in detail. All Hearings will be conducted in a virtual format with the parties physically present in separate locations, with technology enabling the Decision-maker and Parties to simultaneously see and hear the Party or the Witness while that person is speaking. At the hearing, the Decision-maker has the right and responsibility to ask questions and elicit information from Parties and Witnesses to aid in obtaining Relevant, Admissible evidence and information, both Inculpatory and Exculpatory. The Parties have equal rights to present information to the Decision-maker, which ensures that the Decision-maker has the benefit of each Party’s perspectives about the allegations and evidence.
At the conclusion of the hearing, the investigator will issue a written determination. The Written Determination will include factual findings, specific policy provisions determined to have been violated, if any, and Sanctions and/or Remedies imposed, if any, and will include an explanation of the rationale for these determinations
The Parties have equal rights to file an Appeal. Appeals must be submitted to the individual identified in the Written Determination on or before the date specified in the Written Determination.
Appeal Grounds
An Appeal is not intended to be a rehearing of the information presented at the Hearing. An Appeal may only be based upon one or more of the following grounds:
- Procedural Irregularity that would change the outcome;
- New evidence that would change the outcome and was not reasonably available when the dismissal was effectuated;
- Conflict of interest or bias: The Title IX Coordinator, Investigator, or Decision-maker had a conflict of interest or bias for or against Complainants or Respondents generally, or the individual Complainant or Respondent, that would change the outcome; and/or
- Inappropriate or too severe sanction(s).
The Appeal Decision-makers will then analyze all the materials related to the Appeal and take one of the following actions:
- Uphold the original decision;
- Send the matter back to the Decision-maker for further consideration;
- Refer the matter to the Title IX Coordinator for further investigation or a new hearing with a new Decision-maker.
The written Appeal decision, which will include the Appeal Decision-makers’ rationale, will be sent to the Parties simultaneously. All decisions made by the Appeal Decision-makers are final.
Investigation Process
In Title IX and SSMP matters, after gathering all the relevant information and evidence from a variety of sources (as applicable), the investigators will create an investigation report summarizing all such information and evidence. In some cases, that report is submitted to a decision maker for adjudication, either through a live hearing or an administrative hearing. The type of hearing depends on a number of factors, including the type of misconduct alleged and the status of the involved parties.
Other cases may be resolved through an informal process with all parties’ voluntary consent and agreement, depending on the type of misconduct alleged and the status of the involved parties.
In cases that proceed to a hearing, the decision maker/adjudicator evaluates the investigation report and evidence, may take testimony from parties and witnesses, and then uses the preponderance of evidence standard (more likely than not) to determine whether or not the conduct occurred as alleged. If the conduct occurred, the decision maker will determine if it violates University policies.
The process for PADH matters differs in that the investigators evaluate whether the allegations are or are not substantiated by a preponderance of the evidence gathered and present these findings in an investigation report. The report is provided to a determination panel, which then applies PADH to the factual findings to decide whether University policy was violated.
Sanctions
(1) Students
- Expulsion (permanent separation)
- Suspension
- Deferred Suspension
- Disciplinary Probation
- Disciplinary Probation with deferred removal from the residence halls
- Loss of housing contract
- Residence hall probation
- Conduct warning
- Title IX education or other relevant education
- Parent or guardian notification (subject to privacy restrictions)
- Financial restitution
- Organizational sanctions, including probation and rescinding recognition or other organizational restrictions
- Fine
- Community restoration and/or community service
- Loss of campus privileges
- Loss of campus employment and/or opportunities for campus employment
- Withholding records or degree
- Revocation of admission and/or degree
- Bar against registration
- Discretionary action
- Substance abuse education and/or evaluation
(2) Employees/Faculty/Staff
- Termination of employment
- Revocation or denial of tenure
- Suspension
- Demotion
- Progressive discipline
- Warning
- Loss of pay or other pay adjustments
- Job transfer
- Change or restrictions in work location and/or job responsibilities
- Title IX education
- Restrictions on the Employee’s communications
- Limitations on the Employee’s movement in or on the University’s campus, programs, and activities
(3) Non-community members (e.g., Visitors, Vendors, Contractors, Patients)
- Campus Ban
- Restrictions on accessing University property only for medical care
- Termination of contract
On-campus Confidential Resources
The University Counseling Center, Employee Assistance Program, and the Chaplains are available to discuss questions or problems concerning personal relationships and/or sexual harassment, sexual assault, dating or domestic violence, and stalking. These counseling services offer confidential, personal counseling and do not have the authority to discipline, expel, or prosecute individuals.
External Confidential Resources
Students, faculty, and staff who wish to seek confidential assistance without the University’s involvement may contact the following Rochester-area resources:
- Lifeline: 585-275-5151 or Dial 2-1-1
- RESTORE: 585-546-2777
- Willow Domestic Violence Center: 585-222-7233
- RESOLVE: 585-425-1580
- Rochester Police Victim Assistance Unit: 585-428-6630
Definitions
Sexual Harassment
The University’s definition of sexual harassment is outlined in the Title IX Policy, the Policy Against Discrimination and Harassment, and the Student Sexual Misconduct Policy, all of which are available online.
Sexual Assault, Dating Violence, Domestic Violence, and Stalking
University Policy defines sexual assault as any sexual act directed against another person, without the consent of that person, including instances where the person is incapable of giving consent. Sexual assault includes:
- Rape: 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 consent.
- Fondling: Touching of the private body parts of another person for sexual gratification, without consent.
- Incest: Sexual intercourse between persons related to each other within degrees prohibited by law.
- Statutory Rape: Sexual intercourse with a person under the statutory age of consent. In New York, the statutory age of consent is 17 years old.
If you have been subjected to dating violence, domestic violence, sexual assault or stalking…
- Call Public Safety at (5850 275-3333 if you are on campus or the local police at 911 if you are off campus. You can notify Public Safety and the police even if you do not wish to file an official report or pursue criminal charges. Specially selected University Public Safety staff are available to work with you throughout the process.
- Get medical care as soon as Do not shower, bathe, douche, change your clothes, brush your teeth, or eat until after you have been examined for physical injury and have discussed your medical options.
- If you believe you are the victim of stalking, seek a protective order limiting the ability of the alleged stalker to contact you in any way. University Public Safety (585) 275-3333), the Rochester Police Department’s Victim Assistance Unit (585) 428-6630 and Legal Aid Society (585) 295-5751) can assist you in obtaining a protective order from Criminal or Family Court. If you obtain an order of protection, you must bring the order to University Public Safety as quickly as possible. Upon notice of the order, the University will enforce the any provisions that apply on campus. The Judicial Officer for the University or the Title IX Coordinator can also issue No Contact Orders that set expectations for no- contact between you and the alleged stalker on campus.
Please note that No Contact Orders are not legal instruments and are only enforceable through the University’s internal adjudication process.