Shall mean a person accused of a violation who has not yet entered an Institution's judicial or conduct process.

 

Shall mean selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an education program or activity operated by Mohawk Valley Community College.

Shall mean any individual who provides the accused or victim/survivor with support, guidance and/or advice. This person will also take on the role of cross-examiner in actual hearings.

Sex is not something that happens to you, it is something you participate in. 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. Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm. The definition of consent does not vary based upon participant's sex, sexual orientation, gender identity, or gender expression. Consent is active, not passive. Consent to any sexual act or prior consensual activity between or with any party does not constitute consent to any other sexual act. Silence or lack of resistance, in and of itself, does not demonstrate consent. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific 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 Consent may be initially given but withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must stop. 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 who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.

shall mean a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution.

A bystander’s safe and positive actions to prevent harm or intervene when there is a risk posed to another person. Bystander intervention includes recognizing situations of potential harm, identifying safe and effective intervention options, and taking action to intervene.

Not an official title, but informally used to reference the individual, office, or group of individuals or offices tasked with collecting data for the Annual Security Report and submission to the Department of Education.

As used here, this refers to the college or university’s Student Code of Conduct (or equivalent, if it is differently-named), for which changes are subject to the approval of the College Council for State-operated colleges and Board for community colleges.

Shall mean the written policies adopted by an Institution governing student behavior, rights, and responsibilities while such student is matriculated in the Institution.

Complainant means:

(1) a Student or employee who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment as defined in this Grievance Procedure and who was participating or attempting to participate in Mohawk Valley Community College’s Education Program or Activity; or 

(2) a person other than a Student or employee who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment under this Grievance Procedure and who was participating or attempting to participate in Mohawk Valley Community College’s Education Program or Activity at the time of the alleged Sex-Based Harassment.

Complaint means an oral or written request to Mohawk Valley Community College that objectively can be understood as a request for Mohawk Valley Community College to investigate and make a determination about alleged Sex-Based Harassment at Mohawk Valley Community College.

Consent means 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 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.

Confidential Employee means: 

(1) an employee of Mohawk Valley Community College whose communications are privileged under Federal or State law. The employee’s confidential status is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; 

(2) an employee of Mohawk Valley Community College whom the institution has designated as confidential for the purpose of providing services to persons related to Sex-Based Harassment. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about Sex-Based Harassment in connection with providing those services; or 

(3) an employee of Mohawk Valley Community College who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about Sex-Based Harassment. The employee’s confidential status is only with respect to information received while conducting the study.

May be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with State and Federal law, including but not limited to 20 U.S.C. 1092(f) and 20 U.S.C. 1681(a). Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality.

Occurs whenever a person is denied equality of opportunity because of race, creed, color, sex, religion, national origin, ancestry, age, disability, marital status, sexual orientation, criminal record or veteran status.

Means any academic, extracurricular, research, occupational training or other Education Program or Activity operated by Mohawk Valley Community College that receives Federal financial assistance.

Shall mean any college or university chartered by the regents or incorporated by special act of the legislature that maintains a campus in New York.

The trained individual assigned by the Title IX Coordinator to address alleged violations of Title IX.

Silence, in and of itself, cannot be interpreted as consent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act. Consent cannot be given when a person is incapacitated. o Incapacitation occurs when an individual lacks the capacity to fully, knowingly choose to decide about participating in sexual activity, whether due to a disability that limits informed sexual decision-making, or because of impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or otherwise cannot consent.

Campus support resources that are not privileged or confidential. These individuals are not required to reveal personally identifiable information about a victim/survivor to the Title IX Coordinator, Clery Coordinator, or anyone else on campus. They are required to report aggregate data to the Title IX Coordinator, including nature, date, time, and general location of the incident.

Party means Complainant or Respondent.

Peer Retaliation means Retaliation by a Student against another Student.

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.

May be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with this and other applicable laws, including informing appropriate Institution officials. Institutions may substitute another relevant term having the same meaning, as appropriate to the policies of the Institution.

Individuals that, with very few exceptions, are confidential resources to those wishing to disclose sexual violence. Such resources include licensed medical professionals, licensed mental health counselors, and clergy.

A person protected by an Order of Protection, which is issued by the court to limit the behavior of someone who harms or threatens to harm another person.
“Rape” is a form of sexual assault is defined as any non-consensual sexual intercourse committed by coercion, intimidation, threat or physical force, either actual or implied. Rape includes sexual assault, committed by an acquaintance as well as a stranger.

Relevant means related to the allegations of Sex-Based Harassment under investigation as part of this Grievance Procedure. Questions are Relevant when they seek evidence that may aid in showing whether the alleged Sex-Based Harassment occurred, and evidence is Relevant when it may aid a decisionmaker in determining whether the alleged Sex-Based Harassment occurred.

Remedies means measures provided, as appropriate, to a Complainant or any other person Mohawk Valley Community College identifies as having had their equal access to Mohawk Valley Community College’s Education Program or Activity limited or denied by Sex-Based Harassment. These measures are provided to restore or preserve that person’s access to Mohawk Valley Community College’s Education Program or Activity after Mohawk Valley Community College determines that Sex-Based Harassment occurred.

Shall encompass the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by an institution to reference an individual who brings forth a report of a violation.

Shall mean a person accused of a violation who has entered an Institution's judicial or conduct process.

An employee with the authority to redress sexual violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee; or whom a student could reasonably believe has this authority or duty. If a responsible employee is aware of sexual violence, then the college is considered on notice of that sexual violence.

Retaliation means intimidation, threats, coercion, or discrimination by any person, by Mohawk Valley Community College, a Student, or an employee or other person authorized by Mohawk Valley Community College to provide aid, benefit, or service under Mohawk Valley Community College’s Education Program or Activity, for the purpose of interfering with any right or privileged secured by Title IX, or because the person has reported information, made a Complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Grievance Procedure including an informal resolution process.

Sex Based Harassment means sexual harassment and other harassment on the basis of sex, including harassment because of gender identity, sexual orientation, sex characteristics, sex stereotypes, and/or pregnancy or related conditions, that is: 

(1) Quid pro quo harassment. An employee, agent or other person authorized by Mohawk Valley Community College’s Education Program or Activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct; 

(2) Hostile Environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from Mohawk Valley Community College’s Education Program or Activity (i.e., creates a Hostile Environment). Whether a Hostile Environment has been created is a fact-specific inquiry that includes consideration of the following: (i) the degree to which the conduct affected the Complainant’s ability to access Mohawk Valley Community College’s Education Program or Activity; (ii) the type, frequency, and duration of the conduct; (iii) the Parties’ ages, roles within Mohawk Valley Community College’s Education Program or Activity, previous interactions and other factors about each Party that may be Relevant to evaluating the effects of the conduct; (iv) the location of the conduct and the context in which the conduct occurred; and (v) other Sex-Based Harassment in Mohawk Valley Community College’s Education Program or Activity;

(3) Sexual Assault (as defined in the Clery Act, 20 U.S.C. 1092(f)) means any sexual act directed against another person, without the Consent of the victim, including instances where the victim is incapable of giving Consent;

(4) Dating Violence (as defined in the Violence Against Women Act (VAWA) Reauthorization of 2022 and the VAWA Amendments to the Clery Act) means 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.

(5) Domestic Violence means any felony or misdemeanor crimes committed by a person who: (A) is a current or former partner of the victim under the family or Domestic Violence laws of New York State or a person similarly situated to a spouse of the victim; (B) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (C) shared 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 State ; or

(6) Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for the person’s safety or the safety of others; or (B) suffer substantial emotional distress.

Includes all forms of sexual harassment, sexual assault, and other sexual violence by employees, students, or third parties against employees, students, or third parties. Students, employees, and third parties are prohibited from harassing others whether or not the harassment occurs on the SUNY campus or whether it occurs during work hours. Sex discrimination can be carried out by other students, college employees, or third parties. All acts of sex discrimination, including sexual harassment and sexual violence, are prohibited by Title IX.

Shall have the same meaning as “sexual act” and “sexual contact” as provided in 18 U.S.C. 2246(2) and 18 U.S.C. 2246(3).

Physical sexual acts perpetrated against a person’s will or perpetrated where a person is incapable of giving consent. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.

Student means a person who has gained Admission.

Supportive Measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to: (1) restore or preserve that Party’s access to Mohawk Valley Community College’s Education Program or Activity, including measures that are designed to protect the safety of the Parties or Mohawk Valley Community College’s educational environment; or (2) provide support during Mohawk Valley Community College’s Grievance Procedure for Sex-Based Harassment or during the informal resolution process].

Shall mean the Title IX Coordinator and/or his or her designee or designees. The Title IX Coordinator provides ongoing training, consultation, and technical assistance on Title IX (and related laws) for all students and employees. Title IX Investigators assist the Title IX Coordinator in responding to reports of sex discrimination, sexual harassment, sexual assault/violence, stalking, dating violence and domestic violence.

A person who suffers personal, physical, or psychological injury. The policies use “victim/survivor,” and campuses are encouraged to ask each individual disclosing or reporting sexual violence how that person wants to be identified--whether as victim, survivor, witness, or another term.

Under The Violence Against Women Act, colleges and universities are required to: (1) report dating violence, domestic violence, sexual assault, and stalking, beyond crime categories the Clery Act already mandates; (2) adopt certain student discipline procedures, such as for notifying purported victims of their rights; and (3) adopt certain institutional policies to address and prevent campus sexual violence, such as to train in particular respects pertinent institutional personnel.