Frequently Asked Questions

There is an important distinction between making a report to the Title IX Office and filing a formal complaint.

Reports are the initial communication and information the Title IX Office receives about potential prohibited conduct (sex discrimination, sexual harassment, sexual assault, dating/domestic violence, stalking, or related retaliation). The Title IX Office receives reports from a variety of sources, including but not limited to a Complainant (an individual who is alleged to have been subjected to conduct that could constitute Sexual Harassment or Sex Discrimination), friends of the Complainant, members of student organizations, and Mandatory Reporters (employees). A report to the Title IX Office will result in the Title IX Office conducting outreach to the Complainant to offer support.

On the other hand, a formal complaint is a document signed by a Complainant or the Title IX Coordinator alleging sexual harassment and requesting to initiate either an Informal Resolution or Formal Grievance process against a Respondent (the individual who allegedly engaged in the prohibited conduct).

When the Title IX Office receives a report, a member of the Title IX Office will send an outreach email to the Complainant to offer support and schedule an intake meeting. Complainants are not required to respond to the outreach email or schedule an intake meeting. The Title IX Office sends outreach so the Complainant knows that the Title IX Office is a resource available to them if and when they decide they would like to learn more about their options. If the Complainant would like to learn more, they can respond to the outreach email to schedule an intake meeting.

During the intake meeting, some basic information about the situation is gathered, which indicates the procedural options that are and are not available to resolve the concern reported. There are a variety of options available to resolve concerns, as well as supportive measures and other remedies that can mitigate harmful impacts. Depending on what resolution option the Complainant requests (if any), the nature of the reported prohibited behavior, the amount of information available, and the relationship of the parties to the university, Title IX Staff will take appropriate action to address the matter while considering your wishes with respect to how you want to move forward.

No. Making a report to the Title IX Office will result in an outreach email being sent to the Complainant, if their identity is included in the report. However, it is up to the Complainant to decide if they want to respond to the outreach email and schedule an intake with the Title IX Office. In the vast majority of cases, the Title IX Office defers to the wishes of the Complainant in terms of what support they need and what processes, if any, they want to engage in.

Occasionally, due to aggravating circumstances, the Title IX Office may need to proceed with certain actions, even when the Complainant does not want to participate in a resolution process, in order to ensure the Complainant’s safety or the safety of the University of Rochester community.

No – however, the Title IX Office is a private resource. Information related to a report of sexual harassment, including sexual assault, dating and domestic violence, or stalking, will be handled discreetly and shared with a limited circle of university employees or designees who need to know in order to assist in the assessment, investigation, resolution of the report, and related issues. In all such proceedings, the university will maintain the privacy of the parties to the extent reasonably possible.

You are welcome and encouraged to share information about prohibited behavior or conduct even if you would like to remain anonymous.

If you choose to remain anonymous, please be aware that the Title IX Office will not be able to follow up with you regarding available resources and support options and the university may be limited in its ability to address the conduct.

Providing information may help the university maintain accurate records regarding the number of complaints involving students, employees, and third parties; determine if there is a pattern of conduct with regard to a particular location or Respondent; and alert the campus community to potential dangers when appropriate. Depending on the amount of information available in the anonymous report, however, the university’s ability to respond with an investigation or resolution process may be limited.

You are welcome and encouraged to share information about prohibited behavior(s) or conduct even if you were not directly involved in the situation. Please share whatever information you are comfortable sharing. Keep in mind that if not enough relevant information is provided or the Complainant does not respond to outreach from the Title IX Office, the university may be limited in its ability to address the conduct.

Please note that if you are reporting as a third party you are unlikely to receive follow-up from the Title IX Office. This is so that we can prioritize the needs, wishes, and privacy of the Complainant.

That is okay. You can always connect with a confidential resource first and have a discussion with them about whether or not you would also like to report to the Title IX Office or pursue another reporting option. The Title IX Office works closely with the other support offices across campus and confidential resources can help you get connected to the Title IX Office if you decide that is a path you would like to pursue.

All employees, staff, and faculty of the University who do not serve in a Confidential Employee role must notify the Title IX Office or Title IX Coordinator directly when they receive information about conduct that reasonably may constitute prohibited conduct as defined in the Title IX Policy, including retaliation. This includes student employees in Residential Life and any student employees with responsibility for teaching or advising.

More information on the responsibilities of a Mandatory Reporter and what happens when a report is shared with the Title IX Office, can be found on the Mandatory Reporter page.

An individual who is alleged to have been subjected to conduct that could constitute Sexual Harassment or Sex Discrimination.  At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the University’s Education Program or Activity.

A person who is alleged to have engaged in Sexual Harassment.

A person who has seen, heard, or otherwise has knowledge or information relevant to an alleged violation of the University’s Title IX Policy.

Conduct prohibited by Title IX:

• Quid Pro Quo Sexual Harassment;
• Hostile Environment Sexual Harassment;
• Sexual Assault;
• Dating Violence;
• Domestic Violence;
• Stalking;
• and related retaliation.

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

• 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 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.

This definition is required by New York State Education Law Article 129-B.

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.

• Under NY law, the initiator of sexual contact must obtain affirmative consent for each sexual activity.
• Incapacitation always = inability to consent.
• It doesn’t matter if the initiator didn’t know because they were under the influence of drugs and/or alcohol.

Academic, extracurricular, research, occupational training or other Education Program or Activity operated by the University in the United States. Conduct that occurs within the University’s Education Program or Activity includes, but is not limited to: locations, events or circumstances over which the University exercised substantial control over the Respondent and the context in which the Sexual Harassment occurred and any building owned or controlled by the University and/or by a student organization that is officially recognized by the University.

A document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent(s) and requesting that the recipient investigate the allegations.  A document filed by a Complainant is a document or electronic submission (email or online form) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the Formal Complaint.  At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the Education Program or Activity of the University.

A written notice to the Parties commencing the Grievance Process. The Notice of Allegations signals the start of an investigation.

A process that involves real-time, remote appearances by the Parties and Witnesses before a Decision-maker, during which the Decision-maker and Parties’ Advisors will be given the opportunity to pose questions seeking Relevant, Admissible evidence and information.

A person or persons designated to conduct a Hearing pursuant to the University’s Title IX Policy, to make findings of fact by a Preponderance of the Evidence, to apply the applicable provisions of the Policy to the factual findings to decide whether or not a violation of the Policy has or has not occurred, to determine disciplinary Sanctions and Remedies when a violation has occurred, and/or to decide Appeals.

Decision-makers may or may not be Employees of the University or other trained individuals external to the University.  Decision-makers are trained on all topics required for this role by the Title IX regulations, including the definition of Sexual Harassment, the scope of the University’s Education Programs and Activities, the University’s obligation to respond to Sexual Harassment in its Education Program or Activity, the University’s Grievance Process, Relevance, Admissible Evidence, how to conduct Hearings and Appeals (as applicable and including technology used for a Hearing), and how to serve impartially, including by avoiding prejudgment of the facts, conflicts of interest, and bias.

The “more likely than not” Standard of Evidence used to resolve Formal Complaints through the Grievance Process.

A criminal investigation undertaken by the police seeks to determine whether an individual violated New York State Penal Code and if so, could result in arrest and/or criminal charges. An individual who is found guilty of such a crime following a police investigation, criminal prosecution, and trial in New York State courts may result in imprisonment, fines, requiring adults convicted of certain crimes to register as sex offenders, and/or a criminal record.

Whether a Respondent is charged with a violation of criminal law or found responsible in a criminal justice system is irrelevant to a determination of whether prohibited conduct as defined in the University Title IX Policy has or has not occurred.

Under Title IX, schools are required to offer prompt and equitable grievance processes designed to resolve complaints of prohibited behavior as defined in the University Title IX Policy. When the Title IX Office receives a Formal Complaint alleging conduct that could constitute sexual harassment, the Title IX Coordinator may initiate a Grievance Process to investigate the allegations. The process is grounded in a presumption that a Respondent is not responsible unless and until a determination of responsibility at the conclusion of the Grievance Process. The University is committed to providing adequate, reliable, and impartial investigations with multiple opportunities for the Parties to participate. The Parties have equal opportunities to submit evidence and information. The process concludes with a Hearing in which the standard of evidence for findings of fact and determinations regarding responsibility is the preponderance of evidence (more likely than not). The Decision-maker will issue a written determination to each Party and their Advisor which will include a determination whether the conduct found to have occurred violates the Policy (determination of responsibility) or not (determination of no responsibility); and if applicable, the relevant disciplinary sanction(s) and/or remedies. The written determination becomes final only after the time period to file an appeal has expired or after the appeal determination has been sent to the Parties.

In general, Formal Complaints are resolved either through a Hearing Process or Informal Resolution.

In circumstances deemed appropriate by the Title IX Coordinator, the Parties may be offered the option to participate in an Informal Resolution process to resolve a Formal Complaint. Participating in an Informal Resolution process is voluntary and allows the Parties and the University to engage in discussions in an attempt to come to an agreement to resolve a Formal Complaint without a full investigation and/or Hearing.

1. If either party wishes to pursue an Informal Resolution, they can at any time before a final determination in the matter.
2. Parties have to agree to an Informal Resolution. If only one party agrees, the formal grievance process will continue.
3. If the parties agree to an Informal Resolution process, a facilitator will work with the parties to determine the terms of the resolution.
4. The resolution’s terms will be written, and all parties must sign the document.

This option is not available when a student has made allegations of sexual harassment by an employee.

The Title IX Office can help you:

• Access supportive measures and resources – you can request support without having to identify the other person or initiate an investigation.
• File a report for documentation purposes only – the other person will not be notified that a report has been filed about them.
• Issue a No Contact Order – the other person will be notified that they are not permitted to contact you in any way.
• File a formal complaint – by filing a formal complaint you can:
  • Request that the University open an investigation;
  • Request that the University facilitate an Informal Resolution (a voluntary process that allows the Parties and the University to engage in discussions in an attempt to come to an agreement to resolve a Complaint that does not involve a full investigation and/or hearing and adjudication).
• Report to law enforcement or other entity (another institution, professional licensing board, etc.)

The Title IX Office will only share information about you on a need-to-know basis or with your permission. This may include:

• Working with Residential Life to facilitate a housing assignment change.
• Working with the Center for Student Conflict Management or The Department of Public Safety to issue a No Contact Order.
• Working with instructors or faculty on academic flexibility.
• Working with a supervisor to change work schedules, locations, or assignments.

Yes! You can always have a support person with you during any meeting. This could be a friend, roommate, colleague, RA, family member, RESTORE Campus Advocate, staff member, or attorney.

A support person cannot speak on your behalf but is there to provide quiet support.  Your support person cannot be the other involved individual(s) or any potential witness.

No – the University encourages reporting as soon as possible in order to maximize our ability to respond promptly and effectively. If the Respondent is no longer a student or employee, the University may not be able to take action against the Respondent, but it will still seek to meet its obligation under Title IX by taking steps to end the harassment, prevent its recurrence, and address its effects, when appropriate.

Yes. Often a Complainant connects with the Title IX Office to make a report and receive support without proceeding to a resolution option. A Complainant is entitled to reasonable supportive measures despite whether they pursue a resolution option or not. The Title IX Office strives to respect the autonomy of a Complainant’s decision regarding how to resolve their report.

The University is limited if a Respondent is not affiliated/no longer affiliated. A formal complaint can only be initiated if the Respondent is affiliated with the University of Rochester, either as a student or an employee.

If a Respondent is not affiliated/no longer affiliated with the University, the Complainant would still have the option to report to law enforcement within the jurisdiction in which the conduct occurred. If the conduct occurred on campus involving a non-affiliated individual, the Department of Public Safety or the Rochester Police Department have jurisdiction.

During an investigation, both parties have equal rights, including:

In the event of a finding that the Respondent violated the Title IX Policy and/or another University policy, the Decision-maker will determine the appropriate sanctions and/or remedies. In determining sanctions and/or remedies, the Decision-maker may request that the Title IX Coordinator provide information about findings of prior misconduct and/or policy violations in the Respondent’s student conduct file or personnel file.

Some sanctions that may be imposed following a determination of responsibility for a violation of the Title IX Policy:

Student Sanctions:

• Expulsion
• Suspension
• Disciplinary Probation
• Loss of housing contract
• Title IX education
• Organizational sanctions including probation and rescinding recognition
• Fine
• Loss of campus privileges
• Withholding records or degrees

Employee Sanctions:

• 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
• Limitations on the employee’s movement in or on the University’s campus, programs, and activities

A Respondent is presumed not responsible for the alleged misconduct. The University applies the preponderance of evidence (more likely than not) standard of evidence to matters falling under University Policy.

The Title IX Office is here to answer any questions you have about the grievance process and to assist with any supportive measures you may need (including academic flexibility requests or requesting a housing assignment change).

Yes! You can always have a support person with you during any meeting. This could be a friend, roommate, colleague, RA, family member, staff member, or attorney.

A support person cannot speak on your behalf but is there to provide quiet support.  Your support person cannot be the other involved individual(s) or any potential witness.

The Title IX Office will only share information about you on a need-to-know basis or with your permission. This may include:

• Working with Residential Life to facilitate a housing assignment change.
• Working with the Center for Student Conflict Management or The Department of Public Safety to issue a No Contact Order.
• Working with instructors or faculty on academic flexibility.
• Working with a supervisor to change work schedules, locations, or assignments.

During an investigation, both parties have equal rights, including:

• receiving a written notice of the allegations
• having the opportunity to participate in the investigation, including presenting evidence and identifying witnesses
• receiving timely and equal access to information gathered
• receiving timely notice of meetings and hearings
• receiving written notice of the outcome
• having the opportunity to appeal the outcome

In the event of a finding that the Respondent violated the Title IX Policy and/or another University policy, the Decision-maker will determine the appropriate sanctions and/or remedies. In determining sanctions and/or remedies, the Decision-maker may request that the Title IX Coordinator provide information about findings of prior misconduct and/or policy violations in the Respondent’s student conduct file or personnel file.

Some Sanctions that may be imposed following a determination of responsibility for a violation of the Title IX Policy:

Student Sanctions:

• Expulsion
• Suspension
• Disciplinary Probation
• Loss of housing contract
• Title IX education
• Organizational sanctions including probation and rescinding recognition
• Fine
• Loss of campus privileges
• Withholding records or degrees

Employee Sanctions:

• 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
• Limitations on the Employee’s movement in or on the University’s campus, programs, and activities

Investigations through the Title IX Office are civil rights investigations and are not criminal investigations. The University’s grievance process and law enforcement criminal investigations may be pursued simultaneously, but operate independently of one another.

Title IX records are confidential and cannot be released without the written consent of the student. Many graduate, law, and medical schools and employers with sensitive information (like the United States government) often ask for a release of the applicant’s conduct record, including Title IX records.

New York law requires the University to make specific notations on the transcripts of Respondents found responsible for the following conduct prohibited by the Title IX Policy: Sexual Assault, Dating Violence, Domestic Violence, and Stalking.

The following formal sanctions are recorded on the academic transcript: