Title IX Grievance Policy For Addressing Formal Complaints of Sexual Harassment under the Title IX Regulations

INTRODUCTION

Mohawk Valley Community College (“MVCC” or “the College”) is committed to fostering a safe, inclusive, and nondiscriminatory educational and working environment. The College prohibits all forms of sexual harassment, sexual assault, dating violence, domestic violence, and stalking (referred to collectively, “Sexual Misconduct”).

This Policy establishes:

• Behavioral expectations for members of the College community;
• Definitions of prohibited conduct; and
• A framework for classifying and responding to reports of Sexual Misconduct.

Any member of the MVCC community found in violation of these policies may be subject to disciplinary action. The disciplinary actions the College may take will differ depending on the level of control the College has over the accused. Regardless of the level of disciplinary action that can be taken, MVCC is committed to remedying the effects of any sexual harassment or sexual misconduct and preventing its recurrence.

As a recipient of federal funds, the College is required to comply with Title IX of the Educational Amendments of 1972, which prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The Title IX regulations provide for a narrow geographic scope and specific definition of “sexual harassment” to matters that fall within the Title IX jurisdiction. Pursuant to Title IX and the Violence Against Women Act (“ VAWA” ) and New York Education Law Section 129-B, the College also prohibits sexual assault, domestic/dating violence and stalking where it impacts or has the potential to impact the educational or employment environment of a College community member. Mohawk Valley Community College remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX regulations.

In addition to this Policy, MVCC has:

• A Code of Conduct that defines certain behavior as a violation of campus policy, and a separate Sexual Harassment Prevention Policy that addresses prohibited sexual harassment for employees.

SCOPE OF POLICY

This policy applies to all students, faculty and employees of Mohawk Valley Community College. This policy applies to conduct on campus and in connection with any MVCC-sponsored program or activity; regardless of where it occurs. Additionally, off-campus conduct may violate this policy if the conduct creates a threatening or hostile environment on MVCC’s campus or within a MVCC program, or if the incident causes concern for the safety or security of MVCC’s campus community. Non-community members (e.g., family or friends of students, vendors, visiting athletes, etc.) visiting campus, participating in a MVCC program or activity or interacting with MVCC community members are expected to abide by the behavioral expectations in this policy. In compliance with New York State law, this policy protects employees, interns (whether paid or unpaid), and non-employees (including independent contractors) who are (or who are employed by) contractors, companies or organizations contracting to provide services to the College, regardless of immigration status.

GENERAL RULES OF APPLICATION

Effective Date

This Policy will become effective on August 14, 2020, and will only apply to formal complaints of sexual harassment or other sexual misconduct brought on or after August 14, 2020.

Non-Discrimination in Application

The requirements and protections of this Policy apply equally to all individuals without regard to an individual's race, color, national origin, sex, religion, age, disability, gender, pregnancy, gender identity, sexual orientation, predisposing genetic characteristics, marital status, familial status, veteran status, military status, domestic violence victim status, or ex-offender status.

DEFINITIONS- CONDUCT VIOLATIONS

This Policy sets forth conduct expectations for our community and provides a process for the reporting, investigation and adjudication of alleged violations. This policy applies to alleged conduct violative of Title IX of the Education Amendments of 1972 (i.e., “Title IX Category” violations) and also applies to a broader range of contexts and behaviors inconsistent with the College’s commitment to equal opportunity (i.e., “College Category” violations). The designation of conduct or allegations as either “Title IX Category” or “College Category” is not necessarily a function of the seriousness of the alleged conduct but rather a function of the scope and coverage of Title IX versus the College’s broader jurisdiction to prohibit and discipline a larger scope of inappropriate behavior.

A. Title IX Category Violations

Title IX of the Education Amendments of 1972 provides: “No person in the United States shall, on the basis of sex, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” In accordance with Title IX as interpreted by the Department of Education, the College recognizes the following as conduct violations within the meaning of Title IX, provided the context and circumstances of the conduct fall within the scope of Title IX, including, but not limited to, that the Complainant was in the United States at the time of the alleged conduct, that the Complainant be participating in or seeking to participate in the College’s education program or activity at the time of the complaint, and that the conduct have occurred in the context of the College’s education program or activity.

1. Sexual Harassment.

• An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo);
• Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity (i.e., a hostile environment)

2. Sexual assault

(as defined in the Clery Act). “Sexual assault” includes any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving affirmative consent. Sexual assault consists of the following specific acts:

• 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.
• Criminal Sexual Conduct. The intentional touching of the clothed or unclothed genitals, buttocks, groin, breasts, or other body parts of the Complainant by the Respondent, without the consent of the Complainant, for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This definition also includes instances where the Respondent caused or directed the Complainant’s intentional touching of the Respondent’s clothed or unclothed genitals, buttocks, groin, breasts, or other body parts, without the consent of the Complainant, for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
• Incest. Non-forcible sexual intercourse between persons who are related to each other with in the degrees wherein marriage is prohibited by law.
• Statutory Rape. Non-forcible sexual intercourse with a person who is under the statutory age of consent.

3. Dating violence

(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 the Complainant’s statement with consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship. Dating violence does not include acts covered under the definition of domestic violence.

4. Domestic violence

(as defined in the VAWA amendments to the Clery Act), meaning 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 the applicable jurisdiction, 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) 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 the jurisdiction.

5. Stalking

(as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person on the basis of sex that would cause a reasonable person to-- (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress. For purposes of this definition:

• “Course of conduct” means two or more acts, including but not limited to, acts in which the stalker directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property.
• “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
• “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the person against whom the stalking was committed.

B. College Category Violations

The College prohibits the following behavior. For purpose of College Category violations, the below conduct is prohibited even if the conduct occurs off-campus, outside the United States, the Complainant is not participating or seeking to participate in the college’s education program or activity, or otherwise in circumstances over which the College does not have influence or control, including but not limited to during college academic breaks. The College retains discretion, however, to not respond to, investigate or adjudicate circumstances in which no College interest is implicated.

1. Sexual harassment.

“Sexual harassment” means unwelcome, offensive conduct that occurs on the basis of sex, sexual orientation, self-identified or perceived sex, gender, gender expression, gender identity, gender-stereotyping or the status of being transgender, but that does not constitute sexual harassment as a Title IX Category Violation as defined above. Sexual harassment can be verbal, written, visual, electronic or physical. The fact that a person was personally offended by a statement or incident does not alone constitute a violation. Instead, the determination is based on a “reasonable person” standard and takes into account the totality of the circumstances. The College considers the context of a communication or incident, the relationship of the individuals involved in the communication or incident, whether an incident was an isolated incident or part of a broader pattern or course of offensive conduct, the seriousness of the incident, the intent of the individual who engaged in the allegedly offensive conduct, and its effect or impact on the individual and the learning community.

2. Sexual Assault.

“Sexual assault” includes any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent, but that does not constitute sexual assault as a Title IX Category Violation as defined above because of the broader definitional scope and/or the context in which it occurs (for example because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the College’s education program or activity at the time of the complaint, or because the conduct did not occur in the context of the College’s education program or activity). Sexual assault consists of the following specific acts:

• 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.
• Criminal Sexual Conduct. The intentional touching of the clothed or unclothed genitals, buttocks, groin, breasts, or other body parts of the Complainant by the Respondent, without the consent of the Complainant, for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This definition also includes instances where the Respondent caused or directed the Complainant’s intentional touching of the Respondent’s clothed or unclothed genitals, buttocks, groin, breasts, or other body parts, without the consent of the Complainant, for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
• Incest. Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory Rape. Non-forcible sexual intercourse with a person who is under the statutory age of consent.

3. Dating Violence

“Dating violence’’ means violence committed by a person: (1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (2) where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship; but that does not constitute dating violence as a Title IX Category Violation as defined above because of the context in which it occurs (for example, because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the College’s education program or activity at the time of the complaint, or because the conduct did not occur in the context of the College’s education program or activity).

4. Domestic Violence

“Domestic violence” means violence committed by a former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction where the College is located, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction, if the conduct does not constitute domestic violence as a Title IX Category Violation as defined above because of the context in which it occurs (for example because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the College’s education program or activity at the time of the complaint, or because the conduct did not occur in the context of the College’s education program or activity).

5. Stalking

“Stalking” is engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to: (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress, but that does not constitute stalking as a Title IX Category Violation as defined above because of basis on which it occurs or the context in which it occurs (for example because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the College’s education program or activity at the time of the complaint, or because the conduct did not occur in the context of the College’s education program or activity).

6. Sexual Exploitation

Sexual exploitation occurs when, without affirmative consent, a person takes sexual advantage of another in a manner that does not constitute another violation under this Policy. Examples of sexual exploitation include, but are not limited to: prostitution, acts of incest, observing or recording (whether by video, still photo or audio tape) of a sexual or other private activity (such as consensual sexual activity, undressing or showering) without the affirmative consent of all involved; taking intimate pictures of another, but then distributing the pictures to others without the photographed person’s affirmative consent; engaging in voyeurism, engaging in consensual sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) without informing the other person of such infection; or exposing one’s genitals in non-consensual circumstances; exposing one’s genitals in non-consensual circumstances or nonconsensual disrobing of another person so as to expose the other person’s private body parts; misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections; or forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity.

7. Retaliation.

MVCC will keep the identity of any individual who has made a report or complaint of sex discrimination confidential, including the identity of any individual who has made a report or filed a Formal Complaint of sexual harassment under this Policy, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, including as necessary for the conduct of any investigation, hearing, or judicial proceeding under this Policy. Retaliation is an adverse act perpetrated to “get back” at a person because the person reported sexual misconduct, filed a complaint, or participated in an investigation or proceeding conducted pursuant to this policy by the College or by an external agency. An act of retaliation may be anything that would tend to discourage an individual from reporting sexual misconduct, pursuing an informal or formal complaint, or from participating in an investigation or adjudication as a party or a witness. A person who acts in good faith is protected from retaliation. The fact that a statement is not determined to be proven or established following investigation and adjudication does not mean that the statement lacked good-faith; a person may provide inaccurate information believing it is accurate, which is still good-faith. If a person who makes a statement knowing that it is false, the person has acted without good faith.

Note: To the extent that alleged conduct does not meet the above definition and/or criteria for either a Title IX Category violation or a College Category violation, the conduct may still be prohibited under the Student Code of Conduct for students or the Sexual Harassment Prevention Policy for employees.

GENERAL POLICY DEFINITIONS

Advisor of Choice 2 An advisor of choice is a person selected by the Complainant or Respondent to advise and accompany the Complainant or Respondent throughout the investigation and adjudication process. An advisor of choice may be any person, including an attorney. The College does not appoint or pay for an advisor of choice. An advisor of choice’s role is limited to the functions further described in this policy.

Consent

For the purposes of this Policy, all references to the term “consent” means “affirmative consent,” which is a knowing, and 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, gender expression, or transgender status.

Silence, lack of physical resistance, and/or the absence of a verbal “no” should not be construed as consent to any sexual activity. A person can withdraw consent at any time during sexual activity and when consent is withdrawn or can no longer be given the other person must stop all sexual activity immediately. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. In other words, it is not an excuse that the person initiating the act was intoxicated or incapacitated due to alcohol or other drugs. A prior relationship, existing relationship, prior sexual contact, or prior consent does not, alone, constitute affirmative consent to any continued or future sexual activity. Consent to engage in one sexual act (such as kissing or fondling) does not indicate consent to other sexual acts (such as intercourse). Certain conditions prevent a person from being able to consent. Affirmative consent cannot be given if a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation can be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if the individual otherwise cannot consent. An individual’s mental disability may cause him/her to be unable to give affirmative consent to sexual activity. In New York, the statutory age of consent is 17 years old. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs or other intoxicants (whether consumption was voluntary or otherwise) may be incapacitated and therefore unable to consent. A person initiating sexual activity is still responsible to obtain affirmative consent even if they are under the influence of drugs or alcohol. Affirmative consent cannot be given under coercion, force, or threat of physical harm or injury.

Coercion

Coercion is the use of pressure to compel someone to initiate or continue sexual activity against their will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. A person’s words or conduct are sufficient to constitute coercion if they deprive another individual of the ability to choose whether or not to engage in sexual activity. Examples of coercion include threatening to “out” someone based on sexual orientation, gender identity or gender expression, and threatening to harm oneself if the other party does not engage in the sexual activity. Coercing an individual into engaging in sexual activity violates this Policy in the same way as physically forcing someone into engaging in sexual activity.

Education Program or Activity

MVCC’s “education program or activity” includes locations, events, or circumstances where the College exercises substantial control over both the Respondent and the context in which the conduct at issue is alleged to have occurred, including:

• Any on-campus premises
• Any off-campus premises that the College has substantial control over. This includes buildings or property owned or controlled by a recognized student organization that is officially recognized by the College.
• Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of MVCC’s programs and activities over which the College has substantial control.

Formal Complaint

A formal complaint refers to a written, signed complaint filed in accordance with the grievance process below and requesting initiation of the formal investigation and adjudication process. A formal complaint is necessary to initiate the investigation and adjudication process. Once an individual has made a report of an alleged violation of this Policy to any Responsible Employee, the Title IX Coordinator will be informed and then contact the person who allegedly experienced the sexual misconduct to explain options, including the option to file a formal complaint.

Complainant

The term Complainant refers to the person who allegedly experienced the sexual misconduct in violation of the policy whether or not a formal complaint is filed. In some cases, the Title IX Coordinator may file a formal complaint and thereby initiate an investigation and adjudication process pursuant to this policy. In that instance, the Title IX Coordinator is not the “Complainant”; the complainant remains the person who allegedly experienced the sexual misconduct.

Relevant evidence and questions

“Relevant” evidence and questions, as used herein, refer to any questions and evidence that tend to make an allegation of sexual harassment more or less likely to be true.

“Relevant” evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of the College’s grievance process:

• 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.
• Evidence and questions that constitute, or seek disclosure of, information protected under any legally-recognized privilege, such as attorney-client privilege, physician/ psychologist/social worker privilege, clergy privilege, etc., unless the person holding such privilege has waived the privilege.
• Any party’s medical, psychological, and similar records unless the party has given a knowing and voluntary consent in writing.

Respondent

The term Respondent refers to the person alleged to have committed the alleged harassment, sexual misconduct or other violation of this policy.

PRIVACY VS. CONFIDENTIALITY

References made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean MVCC offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed 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 spotting systemic issues. MVCC will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

DISABILITY ACCOMMODATIONS

This Policy does not alter any institutional obligations under federal disability laws including the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the grievance process that 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.

REPORTING TO LAW ENFORCEMENT

Any person may call 911 or the Department of Public Safety for immediate safety assistance. The College’s Department of Public Safety can also assist the individual in making a report of a crime to local law enforcement. A victim of a crime is encouraged to, but not required to, report the incident to local law enforcement and pursue criminal charges. The criminal process and the College’s disciplinary processes are not mutually exclusive, meaning that an individual can either bring a report through the College or law enforcement, or both.

Any internal investigation and/or hearing process conducted by the College will be conducted concurrently with any criminal justice investigation and proceeding. Decisions rendered in a court of law have no impact on the College’s obligation to respond to allegations of sexual harassment or sexual violence within our community. However, in some cases the College may temporarily delay its investigation to enable law enforcement to gather evidence and to engage in a preliminary investigation. Such delays will not last more than 10 days except when law enforcement authorities specifically request and justify a longer delay.

The following local law enforcement offices can be of assistance in filing a criminal complaint:

• Utica Police Department, 413 Oriskany Street W, Utica, NY 315-735-3301
• Rome Police Department, 301 N. James St., Rome, NY 315-339-7780
• State Police 24-hour hotline to report sexual assault 1-844-845-7269

Orders of protection and other forms of legal protection may be available to individuals who have experienced or are threatened with violence by a College community member or other person. In appropriate circumstances, an order of protection may be available that restricts the offender’s right to enter the College’s property, and MVCC will abide by a lawfully issued order of protection. The Department of Public Safety, or other College officials, will, upon request, provide reasonable assistance to any member of the campus community in obtaining an order of protection or, if outside of New York State, an equivalent protective or restraining order, including providing that person with:

• A copy of an order of protection or equivalent when received by the College and providing that person with an opportunity to meet or speak with a College representative, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the other person’s responsibility to stay away from the protected person or persons;
• An explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension; and
• Assistance in contacting local law enforcement to effect an arrest for violating such an order of protection.

INFORMATION UPON FIRST DISCLOSURE AND STUDENTS’ BILL OF RIGHTS

College representatives shall, upon an individual’s disclosure that they may have been subjected to a sexual assault, dating violence, domestic violence or stalking, provide reporting individuals with the following information: “You have the right to make a report to the Department of Public Safety, local law enforcement, and/or state police or choose not to report; to report the incident to MVCC; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from Mohawk Valley Community College.”

A Students’ Bill of Rights for cases involving sexual assault, domestic violence, dating violence, or stalking is available on the College’s website at https://www.mvcc.edu/title-ix/rights-resources.php

Pursuant to Article 129-B, Section 6444 of the New York State Education Law, a Statement of Rights in Cases Involving Sexual Assault, Domestic/Dating Violence and Stalking is attached at the end of this Policy.

REPORTING TO CONFIDENTIAL RESOURCES

In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. The College offers a number of confidential and non- confidential resources and reporting options for violations of this Policy, which include but are not limited to violations of Sexual Assault, Dating or Domestic Violence, and Stalking. Certain College employees are considered “confidential” resources. As described below, confidential resources generally will not share information about an individual without the individual’s express written permission. Other employees at the College are non-confidential resources. Some of these employees are required to share information you report with other officials at the institution so the College may take steps to offer resources and supportive measures, and/or prevent the recurrence of sexual misconduct. If you are unsure of an individual’s reporting obligations, please ask before disclosing any information you wish to remain confidential.

Even College offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution, or for the College to report statistical information about Clery reportable crimes.

On-Campus Confidential Resources

Confidential disclosure is defined as seeking resources and/or assistance without personally identifiable information about the disclosure being shared with anyone else. A victim is encouraged to seek support for their emotional and physical needs. A person seeking confidential emotional or medical care may contact the following on-campus resources who will provide confidentiality:

• Licensed Mental Health Practitioners
• Counseling Office, Utica Campus, Student Services Center 315-792-5326
• Counseling Office, Rome Campus, Plumley Complex 130, 315-334-7709
• MVCC Health Center, Utica Campus, Alumni College Center, Room 104, 315-792-5452

These counseling and health services are confidential and free for all MVCC students.

Off-Campus Confidential Resources

In addition, there are numerous off-campus resources available. These confidential off-campus resources, which may or may not charge services fees, include:

• NYS Domestic Violence Hotline – 1-800-942-6906
• NYS Police Sexual Assault Hotline – 1-844-845-7269
• YWCA Mohawk Valley Domestic and Sexual Violence 24-Hour Hotline 315-797-7740

Additional Sexual Assault & Violence Response (SUNY SAVR) Resources can be found online at https://www.suny.edu/violence-response. This website can provide you with information you can use to seek resources and support, and to report the crime to law enforcement.

Individuals who have been the victims of sexual assault are encouraged to seek medical attention immediately. Whether or not you report the assault to the College or the police, you should have a medical examination immediately. The exam is confidential. Medical personnel will test for sexually transmitted infections, look for physical injuries, and collect physical evidence. If you report the assault, the Department of Public Safety or the police can provide transportation to the hospital and arrange for a Crisis Services Sexual Assault Advocate to meet you there. If you choose to go to the hospital without notifying Campus Safety or the police, the hospital can still collect physical evidence and contact a Crisis Services Advocate to meet you there, while protecting your anonymity, in case you later decide to prosecute. Individuals can get a Sexual Assault Forensic Examination (commonly referred to as a rape kit) at a hospital. Typically, there is no charge for a rape kit.

Preservation of Evidence

In criminal cases, the preservation of evidence is critical and must be done properly and promptly. Preserve all physical evidence of the assault. Do not shower, bathe, douche, or brush your teeth. Save all of the clothing you were wearing at the time of the rape or assault. Place each item of clothing in a separate paper bag. Do not disturb anything in the area where the assault occurred.

Contacting any of the confidential resources listed above does not constitute notifying MVCC. In order to make informed decisions, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources and officials. While certain College employees are considered “confidential” (see above), most other College employees are not “confidential” and may be required to share information you share with them with the Title IX Coordinator so that the College may take steps to offer resources, supportive measures, and share information regarding options to pursue the College’s internal grievance process. MVCC’s on-campus confidential resources generally will not share information about an individual’s report of sexual harassment without the individual’s express written permission. If you are unsure of an individual’s reporting obligations, please ask before disclosing any information you wish to remain confidential.

If an individual discloses a situation through a public awareness event, such as “Take Back the Night” or a candlelight vigil or other public event, the College is not obligated to begin an investigation and that disclosure will not be construed as a report to the College.

MAKING A REPORT TO THE COLLEGE

Any person may report sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute 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.

Contact Information for the Title IX Coordinator:

Name: Jennifer DeWeerth Title: Title IX Coordinator, Dean of the Rome Campus & Community Outreach Office Address: 1101 Floyd Ave, Rome, NY 13440 (PH 347 or PC130) Email Address: jdeweerth@mvcc.edu Phone Number: 315-334-7701

Such a report may be made at any time (including during non-business hours) by using the electronic mail address, or by mail to the office address listed for the Title IX Coordinator.

Non-confidential reports can also be made to:

Deputy Title IX Coordinator

Dennis Gibbons, Dean of Students
315-792-5394
Alumni College Center, Room 208A

Department of Public Safety

Utica Campus
315-731-5777
Academic Building room 106
1101 Sherman Drive. Utica, N.Y. 13501

Rome Campus
315-334-7718
Plumley Complex room 118
1101 Floyd Ave. Rome, N.Y. 13440

Reports may be made by completing the Electronic Title IX Complaint form.

The information provided to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.

Mandated Reporting Authority

All MVCC employees, with the exception of the College’s Confidential Resources noted above, are designated as Responsible Employees and are therefore obligated to report any allegation of sexual harassment or sexual assault to the Title IX Coordinator. If a report is made to anyone other than the non-confidential resources listed above, the Reporting Party risks the possibility that it will not come to the attention of the proper College officials and may, therefore, not be acted upon.

SUPPORTIVE MEASURES

It is not necessary for a Formal Complaint to be made to receive resources or supportive measures. Once a report is made, the complainant will be contacted by the Title IX Coordinator and offered individualized support as more fully described below. As noted above, a report that triggers supportive measures need not be a Formal Complaint, and it may be made by a third-party (i.e., someone other than the complainant himself/herself). Once the respondent is informed of a report or a Formal Complaint, the respondent will be contacted by the Title IX Coordinator and offered individualized support. Supportive measures are intended to restore or preserve, to the extent practicable, equal access to the College’s educational programs and activities and protect the safety of all parties without unreasonably burdening the other party or parties. As required by applicable regulations, these supportive measures must be non-disciplinary and non-punitive to the parties.

As appropriate, supportive measures may include, but are not limited to:

• Counseling
• Extensions of deadlines or other course-related adjustments or allowing a withdrawal from a course without penalty;
• Modifications of work or class schedules
• Mutual “No Contact” orders and, in limited circumstances, such as when legal restraining orders or orders of protection have been issued, one-way no contact orders.
• Changes in work or housing locations
• Leaves of absence
• Access to campus escorts or other reasonable security or monitoring measures

The Title IX Coordinator is responsible for coordinating the implementation of supportive measures, including coordinating with the various College departments and offices that may be involved. Supportive measures will be offered free of charge. If a party’s request for a supportive measure is denied, the party will be afforded an opportunity to have the denial promptly reviewed to assess whether the supportive measure is reasonable under the circumstances. In addition, each party will, upon request, be afforded the opportunity for a prompt review of the need for supportive measures that have been implemented, including the potential modification of these measures, to the extent that the party is affected by the measure(s) being reviewed. Each party will be allowed to submit evidence in support of, or in opposition to, the request to the extent the supportive measures under review affects that party. The request for review of the denial of, or the need for or details of, supportive measures should be made to the Title IX Coordinator and may be made at any time. Each party will be allowed to submit evidence in support of, or in opposition to, the request to the extent the supportive measures under review affect that party. The College’s determination is not subject to further review absent changed circumstances.

EMERGENCY REMOVAL OF STUDENT RESPONDENTS

In some cases, the College may undertake an emergency removal of a student respondent in order to protect the safety of the College community, which may include contacting local law enforcement to address imminent safety concerns. Emergency removal is not a substitute for reaching a determination as to a Respondent’s responsibility for a violation of this policy; rather, emergency removal is for the purpose of addressing imminent threats posed to any person’s physical health or safety, which may arise out of the sexual misconduct allegations.

The College retains the authority to remove a student respondent from the College’s program or activity on an emergency basis. Prior to removing a student respondent through the emergency removal process, the College will (1) undertake an individualized safety and risk analysis and (2) determine whether 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. This is the case regardless of the severity of the allegations and regardless of whether a formal complaint was filed.

After determining that a student respondent is an immediate threat to the physical health or safety of an individual, the Title IX Coordinator will provide written notice of the emergency removal to both the complainant and respondent. This notice will contain: (1) the date the removal is set to begin, (2) the reason for the emergency removal, (3) the consequences of non-compliance, and (4) how to appeal the decision. If a student respondent disagrees with the decision to be removed from campus, the respondent may appeal the decision. The burden of proof is on the student respondent to show that the removal decision was incorrect. The student would send their appeal to the Title IX Coordinator via email within seven days of the notice of removal.

This section applies only to student respondents. Employee respondents are not subject to this section and may be placed on administrative leave pursuant to the College’s policies during the pendency of the College’s grievance process.

COLLEGE’S GRIEVANCE PROCESS FOR RESPONDING TO REPORTS OF SEXUAL MISCONDUCT

MVCC strongly encourages any individual who has been subjected to sexual misconduct, including but not limited to sexual assault, dating or domestic violence, and/or stalking to report the misconduct to College officials and/or law enforcement. The proceedings under this policy will be prompt, fair and impartial from the initial investigation to final result.

Filing a Formal Complaint:

A formal complaint is necessary to initiate the College’s grievance process, meaning an investigation and adjudication process. A third-party or anyone other than the victim of the sexual harassment may not file a formal complaint. However, a formal complaint may be filed by a parent or guardian of a minor person. The timeframe for the College’s Grievance Process begins with the filing of a Formal Complaint. The Title IX Coordinator will make every effort to conclude a Grievance Process in a reasonably prompt manner, after the filing of the Formal Complaint, provided, however, that the Grievance 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. The procedure for applying for extensions is described below.

To file a Formal Complaint, a complainant must provide the Title IX Coordinator a written complaint with a physical or digital signature or other indication that the complainant is the person filing the formal complaint describing the facts alleged. For purposes of Title IX Category Violations, Complainants are only able to file a Formal Complaint under this Policy if they are currently participating in, or attempting to participate in, the education programs or activities of MVCC, including as an employee. If a Complainant is not participating in or attempting to participate in the College’s education programs or activities at the time of the filing of the Formal Complaint, the College may still respond to the allegations as College Category violations.

If a complainant does not wish to make a Formal Complaint, and the Title IX Coordinator determines there is sufficient cause to file a formal complaint and a formal complaint is necessary, the Title IX Coordinator may file a formal complaint. The Title IX Coordinator will consider the wishes of the complainant not to proceed with the investigation and adjudication process. However, the Title IX Coordinator may file a formal complaint if the Title IX Coordinator determines that the allegations are such that it would be unreasonable not to proceed despite the wishes of the complainant. In such cases, the Title IX Coordinator is not considered to be a complainant or other party under this Policy. MVCC will inform the complainant of this decision in writing, the College will take action as necessary to protect and assist him/her and the complainant will receive all notices issued under this Policy and Process.

In making a determination as to whether the Title IX Coordinator will file a Formal Complaint, the Title IX Coordinator will consider, among other factors: the risk that the alleged perpetrator will commit additional acts of sexual misconduct or other violence, which may be assessed by evaluating; whether there have been other complaints about the same alleged perpetrator; whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence; whether the alleged perpetrator threatened further sexual violence or other violence against the victim or others; whether the sexual violence was committed by multiple perpetrators; whether the sexual violence was perpetrated with a weapon; whether the victim is a minor; whether the College possesses other means to obtain relevant evidence of the prohibited conduct (e.g., security cameras or personnel, physical evidence); whether the victim’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group. Additionally, where the respondent is not enrolled at the College and is not employed by the College, the College may decline to process the complaint through the Grievance Process. The College may take the steps it deems appropriate under the circumstances.

Nothing in this Policy or any other College policy prevents a complainant from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process.

Informal Resolution

An Informal Resolution Process is a voluntary process in which a trained facilitator assist the parties in resolving the allegations made by a Complainant. The intent of an Informal Resolution Process is for the parties to undertake a facilitated discussion regarding the matters at issue related to the allegations to see if they can reach agreement on a resolution that leaves both parties feeling satisfied with that resolution. The facilitator’s role is to conduct the Informal Resolution process in a way that is impartial and does not favor one party over the other.

A complainant who files a Formal Complaint may elect, at any time, to address the matter through the College’s Informal Resolution Process. Informal resolution must be agreed upon by both parties, and the Title IX Coordinator must agree that informal resolution is appropriate.

Information about the Informal Resolution Process can be found here: https://www.mvcc.edu/title-ix/informal-resolution-process.php. The exception to this is any case that involves an employee and a student. In this scenario, due to the power differential and potential for undue influence or pressure exerted by an employee over a student, Title IX Regulation makes clear that recipients cannot offer an informal resolution process to resolve formal complaints alleging that an employee sexually harassed a student. No party should feel intimidated, coerced or threatened to participate in an Informal Resolution Process. A resolution is reached only if both parties agree. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume (or commence) the grievance process with respect to a Formal Complaint. Should the Formal Complaint be returned to the formal grievance and hearing process of this policy, the parties may not disclose information shared by the other party during the informal resolution process in the hearing. This confidentiality protection does not apply to information that is learned outside the Informal Resolution process through the investigation or otherwise.

Consolidation of Cases

The College may consolidate Formal Complaints alleging Title IX Category Violations or College Category Violations against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations of Title IX Category Violations or College Category Violations arise out of the same facts or circumstances. Instances where consolidation of complaints may occur include, but are not limited to, cross-complaints filed by the parties against each other, multiple complaints by a single complainant against a respondent, or multiple complaints by a single complainant against multiple respondents.

Allegations Potentially Falling Under Two Policies

One or more of the College’s personnel policies or faculty and staff handbook policies may overlap with this policy in a particular situation. The processes described in this policy apply to any situation where a student is the Complainant or Respondent. In all other situations, the College reserves the right to apply this process or another applicable College policy or process. The College will apply this process to any situation where the College determines that Title IX requires the application of this process.

Determining Jurisdiction

Mandatory Dismissal of Title IX Category Charges

The Title IX Coordinator will review a Formal Complaint filed by a Complainant. In order to comply with Title IX regulations, the Title IX Coordinator must “dismiss” allegations of Title IX Category Violation(s) alleged in a Formal Complaint for purposes of Title IX if it is apparent that the allegations are not within the scope of Title IX, including that the conduct alleged:

• would not constitute sexual harassment, sexual assault, dating violence, domestic violence or stalking as defined in the Title IX category violations above, even if proved,
• did not occur in the College’s education program or activity, or
• did not occur against a person in the United States.

Notice of dismissal of the Title IX Category violation(s) will be in writing and issued to both the Complainant and Respondent. The Title IX Coordinator may determine at any point in the process that facts have emerged that require the dismissal of a Title IX Category violation. A decision to dismiss a Title IX Category violation is immediately appealable by the complainant, pursuant to the appeals procedure set forth below. Even if Title IX Category violations are subject to dismissal, the College may continue to process the allegations as College Category violations assuming that the allegations, if true, would constitute College category violations.

Discretionary Dismissal

The Title IX Coordinator may (but is not required to) dismiss a Formal Complaint brought under this Policy, 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 at or employed by MVCC; or,
• Specific circumstances prevent MVCC from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.

The decision to dismiss or not to dismiss a charge under these circumstances will depend on the totality of the situation. Any party may appeal a dismissal determination using the process set forth in “Appeals,” below.

Notice of Allegations

The Title IX Coordinator or designee will draft and provide the Notice of Allegations to both parties. Such notice will occur as soon as practicable after the institution receives a Formal Complaint of the allegations, if there are no extenuating circumstances.

The parties will be notified by their institutional email accounts if they are a student or employee, and by other reasonable means if they are neither. The institution will provide sufficient time for the parties to review the Notice of Allegations and prepare a response before any initial interview.

Contents of Notice

The Notice of Allegations will include the following:

• Notice of the College’s Sexual Harassment, Sexual Assault and Sexual Misconduct Policy and a hyperlink to a copy of the process.
• To the extent known, the identities of the involved parties; the date, time, location and factual allegations concerning the alleged violation; the policy provisions allegedly violated; a description of the investigation and adjudication process; and potential sanctions;
• 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 the grievance process.
• A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney.
• A statement that, prior to 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.
• A statement that illustrates the prohibition of knowingly submitting false information during the grievance process (Code of Conduct Regulation CR4).
• A statement about the College’s policy on retaliation.

If, in the course of an investigation, the institution decides to investigate allegations about the complainant or respondent that are not included in the Notice of Allegations, the College will notify the parties whose identities are known of the additional allegations by 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 charges.

Advisor of Choice and Participation of Advisor of Choice

The College will provide the parties with the right to have an advisor of choice during any meeting or hearing under this policy. Any restrictions on advisor participation will be applied equally to both parties.

The Complainant and Respondent in this process may each be accompanied by an Advisor of Choice (at the party’s expense, if the advisor is a paid advisor) to any meeting or hearing to which they are required or are eligible to attend. The Advisor of Choice is not an advocate. Except where explicitly stated by this Policy, the Advisor’s role is limited to consulting with their advisee. MVCC will not intentionally schedule meetings or hearings on dates where 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. If a party does not have an advisor present at the hearing, MVCC will provide, without fee or charge to that party, an advisor of the College’s choice for the limited purpose of conducting questioning on behalf of that party as provided in this Policy.

MVCC 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. The College will not be obligated to delay a meeting or hearing under this process more than five (5) days due to the unavailability of an Advisor of Choice, and may offer the party the opportunity to obtain a different Advisor of Choice.

Notice of Meetings and Interviews

MVCC 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.

Delays

Each party may request a one-time delay in the Grievance Process of up to five (5) days for good cause (granted or denied in the sole judgment of the Title IX Coordinator) provided that the requestor provides reasonable notice and the delay does not overly inconvenience other parties.

Investigation

General Rules of Investigations

The Title IX Coordinator will assign a Title IX Investigator(s) who is free from bias and conflict of interest. In certain cases, the College may engage trained individuals from outside the College, who may or may not be attorneys, to conduct the investigation. Similarly, in certain cases, the Title IX Coordinator may deem it appropriate to assign a team of two investigators to conduct the investigation. The investigation is an impartial fact-finding process. The Complainant and Respondent will be provided with notice of the name of the appointed investigator(s) and an opportunity of not more than two (2) days after the notice to raise an objection to the investigator(s) based on any alleged conflict of interest known to the party. If an objection is raised, the Title IX Coordinator will determine whether a conflict of interest in fact exists and necessitates the replacement of the investigator(s). The College cannot access, consider, or disclose medical records without a written waiver from the party (or parent, if applicable) to whom the records belong or of whom the records include information. MVCC will provide an equal opportunity for each of the parties to present witnesses, including factual and expert witnesses, and other inculpatory and exculpatory evidence (i.e., evidence that tends to prove and disprove the allegations), as described below. However, at all times, the burden of gathering evidence remains with the College. MVCC, and not the parties, has the burden of proof and the burden of gathering evidence, i.e. the responsibility of showing whether a violation of this Policy 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 the College and does not, in and of itself, indicate whether there is responsibility.

The Investigator retains discretion to determine the order and method of investigation and what, if any, witnesses will be interviewed as part of the investigatory process. The Investigator may decline to interview any witness or to gather information the investigator finds to be not relevant or otherwise excludable (e.g., sexual history of the complainant with a person other than the respondent, materials subject to a recognized privilege, medical records in the absence of a release by the subject of the records, etc.).

The College will endeavor to complete the investigation within forty-five (45) calendar days, but this time may be extended for good cause, such as witness unavailability, breaks in academic schedule, or other similar circumstances.

Inspection and Review of Evidence

Prior to the completion of the investigation, the parties will have an equal opportunity to inspect and review all of the evidence obtained through the investigation. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation. The parties and their advisors may not make photocopies or take photographs of the materials shared during the evidence exchange stage and are prohibited from disseminating of any of the materials subject to inspection and review with any individuals outside of those engaged in the Title IX grievance process. Evidence that will be available for inspection and review by the parties will be any evidence that is directly related to the allegations raised in the Formal Complaint. It will include:

1. Evidence that is relevant, even if that evidence does not end up being relied upon by the institution in making a determination regarding responsibility;
2. 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.

The College will send the evidence made available for each party and each party’s advisor, if any, to inspect and review through an electronic format or a hard copy. The College is not under an obligation to use any specific process or technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access. The College will provide the parties up to ten days to inspect and review the evidence and submit a written response to the Investigator. The Investigator will consider the parties’ written responses prior to completion of the investigative report. Any evidence subject to inspection and review will be available any at any hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination. 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 grievance process.

Evidence obtained in the investigation that is determined in the reasoned judgment of the investigator not to be directly related to the allegations in the Formal Complaint will not be disclosed, or may be appropriately redacted before the parties’ inspection to avoid disclosure of personally identifiable information of a student. Any evidence obtained in the investigation that is kept from disclosure or appropriately redacted will be documented in a “privilege log” that may be reviewed by the parties and their advisors, if any.

Investigative Report

At the conclusion of the investigation, the Investigator will create an Investigative Report that fairly summarizes relevant evidence. The Investigator will provide the Investigative Report to the parties and each party’s advisor, if any, at least 10 business days prior the hearing in an electronic format or a hard copy for each party’s review and written response.

The Investigative Report is not intended to catalog all evidence obtained by the investigator, but only to provide a fair summary of that evidence. The Investigative Report may be subject to redaction permitted and/or required by law.

HEARING PROCEDURES

This policy applies campus-wide and sets forth the behavioral expectations for all. A report by anyone against a non-community member (e.g., a visitor, vendor, etc.) may be investigated but no formal policy or procedure applies. The College may opt to ban the non-community member from College property or take other appropriate responsive measures.

A live hearing before a Hearing Panel designated by the Title IX Coordinator will be conducted for the purpose of determining whether the Respondent is responsible or not responsible for the charge(s). The Title IX Coordinator will notify the parties in writing of the date, time, and location of the hearing, the name of the Hearing Panel members, and how to challenge participation by the Hearing Panel for bias or conflict of interest. Bias or conflict of interest will be judged by an objective standard (whether a reasonable person would conclude a Hearing Panel member is biased). The live hearing may be conducted with all parties physically present in the same geographic location, or, at the request of either party and/or at the discretion of the College, any or all parties, witnesses, and other participants may appear at the live hearing virtually through video conferencing accessible to all parties involved. The technology for a virtual hearing will enable participants simultaneously to see and hear each other. At its discretion, the College may delay or adjourn a hearing based on technological errors not within a party’s control.

All proceedings will be recorded by the College through audio recording. That recording or transcript will be made available to the parties for inspection and review. However, such review must happen in a designated on-campus location and the recording may not be reproduced or otherwise distributed. Cell phones and recording devices may not be used by the parties or their advisors in the hearing room(s) to record any portion of the hearing.

Continuances or Granting Extensions

MVCC may determine that multiple sessions or a continuance (i.e. an adjournment for the continuation of the hearing at a later date or time) is needed to complete a hearing. If so, Mohawk Valley Community College will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable. The Title IX Coordinator may also postpone the hearing for good cause as determined by the Title IX Coordinator. Good cause may include, without limitation, unavailability of one or more participants due to unanticipated events or circumstances, the timing of academic breaks or holidays, or other extenuating circumstances.

Newly Discovered Evidence

Generally, 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 Hearing Panel Chairperson will consider this request.

Participants in the live hearing

Live hearings are not public. Participants in the hearing will include the Hearing Panel, the Complainant and the Respondent, their respective advisors, the investigator(s) who conducted the investigation, and witnesses (solely during their own testimony).

Complainant and Respondent (The Parties)

• The parties cannot waive the right to a live hearing.
• The institution may still proceed with the live hearing in the absence of a party, and may reach a determination of responsibility in their absence.
• MVCC will not threaten, coerce, intimidate or discriminate against the party in an attempt to secure the party’s participation.
• If a party does not submit to questioning by a party’s advisor at the hearing, the Hearing Panel may nevertheless rely on statements of that party, during the hearing or otherwise, in reaching a determination regarding responsibility, but may also determine what significance to afford those statements in view of the lack of questioning. The Hearing Panel will not draw any inference as to responsibility based solely on a party’ or witness’s absence from the hearing or refusal to answer any or all questions.

The Hearing Panel

• Live hearings will be before a Hearing Panel that will consist of a Hearing Panel Chairperson and a minimum of two additional panel members. All hearing panel members will be voting decision-makers. The Hearing Panel may consist of one or more members of the campus community or may be external to the College, as determined by the Title IX Coordinator.
• 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.
• No member of the hearing panel will have a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
• The Hearing Panel 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.
• The parties will have an opportunity to raise any objections regarding a panel member’s actual or perceived conflicts of interest or bias prior to or at the commencement of the live hearing.

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.
• 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 with respect to cross-examination questioning as described below, the advisor’s role is limited to consulting with their advisee, and the advisor may not present evidence, address the Hearing Panel during the hearing, object to any aspect of the proceeding, or disrupt the hearing in any way. Any consultation with the advisor while the hearing is in progress must be done in a quiet nondisruptive manner or in writing. The advisor may consult with the advisee verbally outside the hearing during breaks, when such breaks are granted by the Hearing Panel.
• An advisor’s questioning of the other party and any witnesses must be conducted in a respectful, nonintimidating and non-abusive manner. If the Chairperson determines that an advisor is not adhering to these or other ground rules, the advisor will be warned and if the conduct persists he/she may be required to leave the hearing. If this occurs, the hearing will proceed without an opportunity for the party to obtain a replacement advisor; provided, however, that the College will assign an advisor of the College’s choosing, without charge, for the purpose of conducting cross-examination questioning on behalf of the party.
• The parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a party does not have an advisor present at the hearing, the College will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at the live hearing at no fee or charge to the party.
• If a party does not attend the live hearing, the party’s advisor may appear and conduct cross-examination on their behalf.
• If neither a party nor their advisor appear at the hearing, Mohawk Valley Community College will provide an advisor to appear on behalf of the non-appearing party.

Witnesses

• Witnesses cannot be compelled to participate in the live hearing, and have the right not to participate in the hearing free from retaliation.
• If a witness does not submit to questioning by a party’s advisor at the hearing, the Hearing Panel may nevertheless rely on statements of that witness, during the hearing or otherwise, in reaching a determination regarding responsibility, but may also determine what significance to afford those statements in view of the lack of questioning.
• Witnesses are not permitted to bring an advisor or other person to the hearing, absent an approved disability accommodation.

Observers or additional support personnel, other than the parties’ advisors, are not allowed to participate in the live hearing unless deemed necessary by the Title IX Coordinator for purposes such as accommodation of a disability.

Structure of Hearing 3

The Chairperson is in charge of organizing the presentation of information to be considered at the hearing. For all live hearings, the procedure will be as follows:

• The Chairperson will open and establish rules and expectations for the hearing.
• The parties will each be given the opportunity to provide opening statements.
• The Hearing Panel will ask questions of the investigator(s), the Complainant, the Respondent and witnesses, typically in that order.
• Parties will be given the opportunity for live cross-examination after the Hearing Panel conducts their initial round of questioning. During the parties’ cross-examination, the Chairperson will have the authority to pause cross-examination at any time for the purposes of asking follow-up questions and at any time necessary in order to enforce the established rules of decorum.
• Should a party or the party’s advisor choose not to cross-examine a party or witness, the party shall affirmatively waive cross-examination through oral statement to the Chairperson. A party’s waiver of cross-examination does not eliminate the ability of the Hearing Panel to use statements made by the party.
• The parties will each be given the opportunity to provide closing statements.

Subject to the terms of this Policy, the Hearing Panel will have discretionary authority to determine all questions of procedure, to determine whether particular questions, evidence or information will be accepted or considered, to call breaks or temporary adjournments of the hearing, and/or to recall parties or witnesses for additional questions as the Hearing Panel deems necessary or appropriate. The Hearing Panel may impose additional ground rules as the Hearing Panel may deem necessary or appropriate for the orderly and efficient conduct of the hearing, which will apply equally to both parties. The Hearing Panel may be advised by and/or consult with the College’s legal counsel as the Hearing Panel deems necessary or appropriate.

Live Cross-Examination Procedure

Each party’s advisor will conduct live cross-examination of the other party or parties and witnesses. During this live-cross examination, the advisor will be permitted to ask the other party or parties and witnesses relevant questions and follow-up questions, including those challenging credibility directly, orally, and in real time.

Before the party or witness answers a question posed by an advisor, the Chairperson will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Cross-examination questions that are duplicative of those already asked, including by the Hearing Panel, may be deemed irrelevant if they have been asked and answered. A question not directly related to the allegations will generally be irrelevant. Such decisions by the Chairperson are final and not subject to objection or reconsideration during the hearing.

Review of Recording/Transcript

The hearing will be recorded through either an audio recording or transcript. That recording or transcript will be made available to the parties, upon request, for inspection and review. Prior to obtaining access to the recording or transcript, the parties and their advisors must acknowledge in writing that they will not disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to the grievance process.

Determination Regarding Responsibility Following Live Hearing

Standard of Proof

MVCC uses the preponderance of the evidence standard for investigations and determinations, including appeals, regarding responsibility of formal complaints covered under this Policy. This means that the investigation and hearing determines whether it is more likely than not that a violation of the Policy occurred.

General Considerations for Evaluating Testimony and Evidence

Formal rules of evidence will not apply. Except as otherwise expressly prohibited by this Policy, any information that the Hearing Panel determines is relevant may be considered, including hearsay, history and information indicating a pattern of behavior, and character evidence. All evidence previously made available to the parties for inspection and review prior to completion of the investigative report as described in this Policy will be made available at the hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of questioning.

The Hearing Panel shall not draw inferences regarding a party or witness’ credibility based on the party or witness’ status as a complainant, respondent, or witness, nor shall it base its judgments in stereotypes about how a party or witness would or should act under the circumstances.

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. Credibility determinations should be based upon a full assessment of all the circumstances surrounding a witness’s testimony.

The Hearing Panel 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. Both inculpatory and exculpatory (i.e. tending to prove and disprove the allegations) evidence will be weighed in equal fashion.

A witness’ 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.

Parties will be permitted to call “expert witnesses.” While the expert witness will be allowed to testify and be subjected to cross-examination, the Hearing Panel will afford lower weight to non-factual testimony of the expert relative to fact witnesses, and any expert testimony that is not directed to the specific facts that occurred in the case will be afforded lower weight relative to fact witnesses, regardless of whether the expert witness testimony is the subject of cross examination and regardless of whether all parties present experts as witnesses.

MVCC will allow testimony regarding polygraph tests (“lie detector tests”) and other procedures that are outside of standard use in academic and non-academic conduct processes. While the processes and testimony about them will be allowed, and will be subject to cross-examination, the Hearing Panel will afford lower weight to testimony about such processes relative to the testimony of fact witnesses.

Where a party or witness’ conduct or statements demonstrate that the party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the Hearing Panel may draw an adverse inference as to that party or witness’ credibility.

Components of the Determination Regarding Responsibility

Following conclusion of the hearing, the Hearing Panel will deliberate and render a determination as to whether the Respondent is responsible or not responsible for the alleged violation(s). When a Respondent is found responsible for a violation, the Hearing Panel will determine appropriate sanctions.

Each party may submit a written personal impact statement to the Title IX Coordinator for consideration by the Hearing Panel in determining an appropriate sanction if there is a finding of responsibility on one or more of the charges. The parties must submit their statements to the Title IX Coordinator within 24 hours after the conclusion of the hearing. The Hearing Panel will only review and consider impact statements if they have determined that there is a finding of responsibility on one or more the charges. In addition to the impact statement(s), if any, factors considered when determining sanctions may include:

• the nature and severity of, and circumstances surrounding, the violation(s);
• the Respondent’s state of mind at the time of the violation(s) (intentional, knowing, bias-motivated, reckless, negligent, etc.);
• the Respondent’s previous disciplinary history;
• the need for sanctions to bring an end to the conduct; and/or to prevent the future recurrence of similar conduct;
• the need to remedy the effects of the conduct on the Complainant and/or the community;
• the impact of potential sanctions on the Respondent;
• sanctions imposed by the College in other matters involving comparable conduct; and
• any other lawful factors deemed relevant by the Hearing Panel.

Sanctions Available

The following sanctions may be imposed upon any community member found to have violated this Policy. Ranges for violations are referenced below.

Student Sanctions (where applicable, as defined in the Student Code of Conduct):

• Verbal/Written Disciplinary Warning
• Disciplinary Fines
• Community Service
• Other Restrictions
• Participation in Educational Activities Addressing the Nature of the Violation
• Disciplinary Probation
• Residence Hall Probation
• Loss of Campus Residency
• Organizational Sanctions
• Suspension
• Expulsion
• Temporary Withholding of Degree/Diploma; Denial of Participation in Commencement
• Revocation of Degree

Other Actions: In addition to or in place of the above sanctions, the Hearing Panel may assign any other sanctions as deemed appropriate, including but not limited to the following:

• Mandated counseling so the Respondent has the opportunity to gain more insight into his/her/their behavior.
• A “no contact" directive (including but not limited to continuation of a no contact directive imposed as a supportive measure) prohibiting contact with one or more identified persons, in person or through telephonic, electronic, written or other means. A no contact directive may include additional restrictions and terms.
• Requiring the Respondent to write a letter of apology.
• Requiring unpaid service to the campus or local community stated in terms of type and hours of service.
• Restitution for damage to or misappropriation of property, or for personal injury, and other related costs.
• Loss, revocation or restriction of housing privileges (e.g., exclusion from specified locations or alteration of status in the housing lottery or other selection system).
• Monetary fines.

Employee Sanctions:

• Warning – written
• Performance Improvement Plan
• Required Counseling
• Written Reprimand
• Formal Apology
• Transfer or reassignment
• Disciplinary Probation
• Non-Renewal of Employment Agreement
• No Contact Order
• Required Training/Education
• Demotion
• Loss of Annual Pay Increase
• Suspension With or Without Pay
• Termination

No corrective action will be implemented that violates any provision of a MVCC employment contract or collective bargaining agreement.

Notice of Outcome

The written determination regarding responsibility will be issued simultaneously to all parties through their institution email account, or other reasonable means as necessary. The determination will include:

1. A description of the charges that were adjudicated;
2. 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;
3. Findings of fact supporting the determination;
4. Conclusions regarding the application of this Policy to the facts;
5. For each allegation:
   1. A statement of, and rationale for, a determination regarding responsibility;
   2. A statement of, and rationale for, any disciplinary sanctions MVCC imposes on the respondent; and
   3. A statement of, and rationale for, whether remedies designed to restore or preserve equal access to MVCC’s education program or activity will be provided by the recipient to the complainant; and
6. The recipient’s procedures and the permitted reasons for the complainant and respondent to appeal (described below in “Appeal”).

The Title IX Coordinator will provide the written determination to the parties simultaneously.

Timeline of Determination Regarding Responsibility Following Live Hearing

The College seeks to resolve Formal Complaints brought under this policy in a prompt manner. If there are no extenuating circumstances, the determination regarding responsibility will be issued by MVCC within seven (7) business days of the completion of the hearing.

The College will endeavor to conclude all reports of sexual harassment within one hundred and twenty (120) business days after the filing of the Formal Complaint. In some cases, extenuating circumstances that may require an extension of that time frame. Extenuating circumstances may include the time of the academic year (e.g., during College breaks or final exams), the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation by local law enforcement, or other unforeseen circumstances. If the Grievance Process cannnot be concluded within 120 business days, the Title IX Coordinator will inform the parties, and their advisors, if any, of the delay and the reason for extension.

Finality

The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of any appeal filed consistent with the procedures and timeline outlined in “Appeals,” below, or if an appeal is not filed, the date on which the opportunity to appeal expires.

Appeals

Either party may appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a determination regarding responsibility. To appeal, a party must submit their written appeal to the Title IX Coordinator within five (5) business days of being notified of the decision, indicating the grounds for the appeal. Appeals must be based upon one or more of the following limited grounds for appeal:

• A procedural irregularity existed that affected the outcome of the matter;
• 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, has been discovered;
• The Title IX Coordinator, investigator(s), or Hearing Panel member(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter. The professional experience of an individual need not disqualify the person from the ability to serve impartially.

The submission of the written request for appeal stays any sanctions for the pendency of the appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal.

If a party appeals, MVCC will as soon as practicable notify the other party in writing of the appeal. However, the time for appeal shall be offered equitably to all parties and shall not be extended for any party solely because the other party filed an appeal. Each party will be given a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. Each party will have at least three (3) days to submit its written appeal statement.

Appeal requests will be decided by an Appeal Panel comprised of at least two appeal panel members designated by the Title IX Coordinator. However, in cases where the respondent is an employee of the College, the Title IX Coordinator may assign a single Appeal Officer. The College will ensure that members of the Appeal Panel or Appeal Officer will be free of any conflict of interest and bias, and have not served as investigator(s), Title IX Coordinator(s), or Hearing Panel member in the matter under appeal.

The decision-maker(s) for the appeal will issue a written decision describing the result of the appeal and the rationale for the result. A preponderance of the evidence standard will be applied on appeal. The decision will be provided by the Title IX Coordinator simultaneously to both parties. Once the appeal decision has been sent to the parties, the appeal decision is final.

Respondent Withdrawal

Should a student Respondent choose to withdraw from the College with knowledge that a formal complaint against the Respondent has been made under this Policy and prior to the Hearing Panel’s final decision, the College reserves the right, notwithstanding a withdrawal, to proceed with consideration of any complaint to completion, and if appropriate, impose a sanction.

TRANSCRIPT NOTATIONS

For those crimes of violence that MVCC is required by federal law to include in its Annual Security Report, the transcripts of students found responsible shall include the following notation:

• Suspended after a finding of responsibility for a code of conduct violation;
• Expelled after a finding of responsibility for a code of conduct violation; or

Students who withdraw from the College with allegations pending under this Policy and decline to complete the disciplinary process, will have the following noted on the transcript: “Withdrew with conduct charges pending.” Transcript notations for suspensions may be removed at the discretion of the College, but no earlier than one year after the conclusion of the suspension. To request the removal of a transcript notation for suspension one year after the conclusion of the suspension the request must be made in writing to the Dean of Students. Transcript notations for expulsion shall not be removed. If a finding of responsibility is vacated for any reason, however, the transcript notation must be removed. Further, if a court vacates a finding of responsibility for a violation of College policy, the transcript notation memorializing that finding will also be vacated.

AMNESTY FOR STUDENTS

The health and safety of every student at Mohawk Valley Community College is of utmost importance. Mohawk Valley Community College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to College officials. MVCC recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that the 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. A bystander acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to MVCC officials or Campus Safety will not be subject to MVCC’s code of conduct action for violations of alcohol or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault. MVCC will provide amnesty to the Reporting Party, Respondent, and bystanders acting in good faith. Amnesty does not apply to college employees. Please see Mohawk Valley Community College’s Amnesty Policy. https://www.mvcc.edu/title-ix/alcohol-drug-use-amnesty.php

DESIGNATION OF AUTHORITY AND COLLEGE COUNSEL

Any person assigned a role pursuant to this policy may designate their authority to another appropriate person to avoid conflicts of interest or in other circumstances, as deemed necessary. Any College administrator or official involved in implementing this policy may seek the advice of the College’s legal counsel, to be coordinated through the Title IX Coordinator.

COORDINATION WITH OTHER POLICIES

A particular situation may potentially invoke one or more of Mohawk Valley Community College’s policies or processes. The College reserves the right to determine the most applicable policy or process and to utilize that policy or process. The College will apply this Title IX Grievance Policy to any situation where the College determines that Title IX requires the application of this policy.

ACADEMIC FREEDOM

The College is an academic institution at which academic freedom possessed by those who are teaching/conducting research and their students is necessary and valued. The College will not construe this policy to prevent or penalize a statement, opinion, theory, or idea offered within the bounds of legitimate, relevant, and responsible teaching, learning, working, or discussion.

CLERY ACT COMPLIANCE

The College is required to include for statistical reporting purposes the occurrence of certain incidents in its Annual Security Report (ASR). Neither the names of individuals involved in incidents nor the specific details of the incidents are reported or disclosed in ASRs. In the case of an emergency or ongoing dangerous situation, the College will issue a timely warning to the campus, except in those circumstances where issuing such a warning may compromise current law enforcement efforts or when the warning itself could potentially identify the reporting individual. In such circumstances, the name of the alleged perpetrator may be disclosed to the community, but the name of the victim/Complainant will not be disclosed.

ADMINISTRATION OF THIS POLICY

The College’s Title IX Coordinator is responsible to ensure compliance with this policy. Any questions or concerns about the administration of this policy should be directed to the Title IX Coordinator, Jennifer DeWeerth, at 315-334-7701or jdeweerth@mvcc.edu.

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. The Office for Civil Rights is a federal agency responsible for ensuring compliance with Title IX and other federal laws, including Section 504 of the Rehabilitation Act. OCR may be contacted at 400 Maryland Avenue, SW, Washington, DC 20202-1100, (800) 421-3481. As a general rule, a complaint must be filed with OCR 180 days after the complained of event. OCR will investigate the complaint and determine if the College is in compliance with federal laws within OCR’s jurisdiction. If OCR finds non-compliance, OCR will ensure that the College returns to compliance. OCR may require individual remedy for the individual complainant, where appropriate.

This Policy will become effective on August 14, 2020. This Policy was revised and such revisions became effective on June 22, 2026.

Rights in Cases Involving Sexual Assault, Domestic/Dating Violence and Stalking

Pursuant to Article 129-B, Section 6444 of the New York State Education Law, anyone reporting an incident of sexual assault, domestic or dating violence or stalking shall be advised of their rights to:

1. Notify the Department of Public Safety, local law enforcement, and/or New York State Police;
2. Emergency access to a Title IX Coordinator or other appropriately trained official who shall be available upon the first instance of disclosure by a reporting individual and who can provide information, including:
   1. options to proceed, including the right to make a report to the Department of Public Safety (reports to this Department are reported to the Title IX Coordinator), Local Law Enforcement, and/or the New York State Police or choose not to report; to report the incident to the College; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from the College, as set out in this Policy;
   2. where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible;
   3. that the criminal justice process utilizes different standards of proof and evidence than the College’s judicial procedures and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney;
   4. whether the person they are reporting to is authorized to offer confidentiality or privacy; and
   5. any other reporting options.
3. If they are a student, to contact the MVCC Health Center, (Utica Campus, Alumni College Center, Room 104, 315-792-5452) where they may be offered confidential resources pursuant to applicable laws/policies and can be assisted in obtaining services for reporting individuals; if they are not a student but are otherwise a member of the College, or if they are a student but prefer to seek off-campus assistance, to contact non-College confidential resources, including, but not limited to:
   1. NYS Domestic Violence Hotline – 1-800-942-6906
   2. NYS Police Sexual Assault Hotline – 1-844-845-7269
   3. YWCA Mohawk Valley Domestic and Sexual Violence 24-Hour Hotline 315-797-7740
4. Disclose confidentially the incident and obtain services from the state or local government;
5. Disclose the incident to an official of the College who can offer privacy or, in appropriate cases determined by the Title IX Coordinator, confidentiality, subject to the limitations set forth in this Policy, and can assist in obtaining resources for reporting individuals;
6. File a report of sexual assault, domestic violence, dating violence, and/or stalking and consult the Title IX Coordinator and other appropriate College personnel for information and assistance. Reports shall be investigated in accordance with College. A reporting individual's identity shall remain private if that is what the reporting individual wishes, however privacy is not the same as confidentiality; private information can be shared to implement and fulfill the College’s obligations under the law and its Sexual Misconduct Policy;
7. Disclose, if the Respondent is a College employee, the incident to Human Resources or to request that a private employee assist in reporting to Human Resources;
8. Receive reasonable assistance from appropriate College representatives if interested in initiating legal proceedings in family court or civil court; and
9. Withdraw a complaint or involvement from the College processes at any time, with the understanding that in appropriate cases, the College may nonetheless be required to proceed even if the reporting individual does not wish to do so.