Title IX at Utica University

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Title IX at Utica University

Title IX of the Education Amendments Act of 1972 was the first comprehensive federal law to prohibit sex discrimination against students and employees of educational institutions.

"No person in the U.S. shall, on the basis of sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal aid."

About Title IX

Title IX benefits all community members, and is at the heart of efforts to create gender equitable schools. The law requires educational institutions to maintain policies, practices and programs that do not discriminate against anyone based on sex. Title IX states:

"No person in the U.S. shall, on the basis of sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal aid."

Examples of the types of conduct that violates Title IX include, but are not limited to:

sexual harassment and sexual misconduct (includes sexual assault, domestic violence, dating violence, and stalking)
discrimination on the basis of sex in all student services and academic programs. This includes areas such as admissions, financial aid, academic advising, residence life and housing, health services, counseling, registration, and activities related to classroom requirements (such as class projects, grading, etc.)
discrimination on the basis of sex in terms of employment and recruitment consideration or selection
failure to provide equal opportunity in athletics

To enforce Title IX, the U.S. Department of Education maintains an Office for Civil Rights, with headquarters in Washington, DC and 12 offices across the United States.

SOURCE: U.S. Department of Education, Office for Civil Rights. Title IX and Sex Discrimination

Important Title IX Resources

Restoration of the 2020 Regulations:

Dear Colleague letter from the Department of Education Office of Civil Rights | Feb. 4, 2025

U.S. Department of Education & Title IX
https://sites.ed.gov/titleix/

For Emergencies:

On-Campus, Call 315-792-3046 (or 611)
Off-Campus, Call 911

Any Utica University community member who has been the victim of sexual harassment or sexual misconduct has the right to make a report to the University, local law enforcement, and/or the state police, or choose not to report. If reported to the University under this policy, a reporting individual will be protected from retaliation and will receive appropriate assistance and resources from Utica University. Please see the Students’ Bill of Rights for cases involving sexual assault, domestic violence, dating violence, or stalking.

All members of the Utica University community have a number of resources available to discuss sexual harassment or sexual misconduct concerns or questions. Individuals who have experienced sexual harassment or sexual misconduct are encouraged to seek support for their physical and emotional needs.

A student seeking confidential emotional or medical care may contact the following:

Utica University Student Counseling Center
Student Wellness Center, Room 204 Strebel Student Center
(315) 792-3094
Utica University Student Health Center
Student Wellness Center, Room 204 Strebel Student Center
(315) 792-3094
Bethany VanBenschoten*
*Note – this confidential source is responsible for reporting non-identifiable statistics as required by the Clery Act
407 Clark City Center
(315) 792-5294
bavenben@utica.edu
Oneida County's YWCA Domestic and Sexual Violence Services*
*Note – this confidential source is responsible for reporting non-identifiable statistics as required by the Clery Act
Campus Advocate (Office Hours on Campus): (315) 732-2159 ext. 312
24-Hour Hotline: (315) 797-7740

The health and counseling services noted above are available to Utica University students free of charge.

An employee seeking confidential emotional support may contact the University’s employee assistance program, ENI, at 1-800-EAP-CALL (1-800-327-2255).

These resources afford students and employees the opportunity to discuss a concern or situation and the available options. These resources also offer the opportunity to gain information about the University’s formal complaint procedures under this policy. Reports made to these resources will not be reported to other University officials in any personally identifiable manner (reports made to some of these individuals may result in a report to University officials that an incident occurred, but will not result in the reporting of any personally identifiable information), and, as a result, any individual making a report solely to such confidential resources should not expect action to be taken by the University against any alleged perpetrator. Similarly, if a victim discloses actions constituting a violation of this policy through public awareness events, such as “Take Back the Night” or other event or forum, Utica University is not obligated to begin an investigation. Utica University may, however, use the information to inform the need for additional education and prevention efforts.

Confidential reports of any form of sexual misconduct can also be made to off-campus resources, including:

Oneida County’s YWCA Domestic and Sexual Violence Services*
*Note – this confidential source is responsible for reporting non-identifiable statistics as required by the Clery Act
(315) 797-7740
Suicide/Crisis Services
24 Hour Hotline
(315) 732-6228
NYS Office of Victim Services
Hotline
1-800-247-8035
National Domestic Violence Hotline
1-800-799-7233 (or if you are unable to speak safely, log onto thehotline.org or text LOVIES to 1-866-331-9474)
RAINN Hotline (National Sexual Assault Hotline)
1-800-656-HOPE (or 1-800-656-4673)
Crisis Services for Students, Faculty, Staff, and Contract Staff at Liverpool, NY site:

Vera House
723 James St.
Syracuse, NY 13203
Phone: (315) 425-0818
24-Hour Hotline: (315) 468-3260
Sexual Assault Nurse Examination (SANE) services are provided to all area emergency rooms through Vera House.
Crisis Services for Students, Faculty, Staff, and Contract Staff at Latham, NY site:

New York State Coalition Against Sexual Assault
30 N. Greenbush Rd. Suite 3
Troy, NY 12180
Phone: (518) 482-4222
Crisis Services for Students, Faculty, Staff, and Contract Staff at St. Petersburg, FL site:

Suncoast Center, Inc.
PO Box 10970
St. Petersburg, FL 33733
Phone (appointments): (727) 388-1220
Hotline: (727) 530-7273

In addition to the resources listed above, Utica University shares a Memorandum of Understanding (MOU) with Mohawk Valley Health System, located in Utica, NY. This MOU ensures that any member of the University community who is a victim of sexual assault will have access to a sexual assault examination by a sexual assault nurse examiner or through a physician referral to a sexual assault nurse examiner.

When an individual shares information with a confidential resource (on or off campus) as a confidential communication in the course of a protected relationship, the confidential resource cannot disclose the information (including information about whether an individual has received services) to any third party without the individual's written permission or unless permitted or required consistent with ethical or legal obligations. Accordingly, a report to a confidential resource is not a report to the University and will not result in an investigation or disciplinary action.

Any person having a complaint of sexual harassment or sexual misconduct is encouraged to make a report to any one of the following non-confidential resources, who are considered "Responsible Administrators" for purposes of this policy:

Title IX Coordinator

Kyle Wilson
(315) 792-3063
klwilson@utica.edu
124 Addison Miller White Hall

Deputy Title IX Coordinator

Kristin St. Hilaire, Interim Director of Athletics and Physical Education
(315) 792-3051
kmsthila@utica.edu
Clark Athletic Center

Director of Victim Advocacy & Violence Prevention Initiatives

Mathew Vincent
(315) 792-3785
mjvincen@utica.edu
207 Ralph F. Strebel Student Center

Associate Director of Campus Safety

Jay LaFayette
(315) 792-3046
jjlafaye@utica.edu
Campus Safety Office, Ralph F. Strebel Student Center

Dean of Students

Rich Racioppa
(315) 223-2556
rraciop@utica.edu
103 Ralph F. Strebel Student Center

Faculty, staff, students and contracted staff in Utica University’s ABSN programs, or any other programs that exist in other physical Utica University locations, may also make a report to the site’s assigned Success Coach. Success Coaches are also non-confidential resources who have been trained to engage the appropriate parties in order to assist others in reporting an incident.

Emergency access to the Title IX Coordinator is made available through contact with the Office of Campus Safety.

These individuals have been trained to receive and respond to allegations of violations of this policy. Complaints can be made to any of the Responsible Administrators by those who have been the victim of a violation of this policy or by a third party on a victim’s behalf. While all employees are strongly encouraged to report incidents of sexual harassment or sexual misconduct, and certain other employees may be required to report them, if a complaint is made to anyone other than the Responsible Administrators, the reporting party risks the possibility that it will not come to the attention of the proper University officials and may, therefore, not be acted upon. For this purpose, faculty and staff members are not Responsible Administrators unless they are named specifically, and one should not assume that information brought to the attention of a faculty or staff member not considered to be a Responsible Administrator will be reported to the University. On the other hand, unless a report is made to a confidential resource, one cannot be assured of confidentiality.

All persons covered by this policy have the right to involve state and/or local law enforcement in matters of sexual harassment or sexual misconduct. Following is contact information for those resources:

New York State Campus Sexual Assault Victim's Unit NYSCSAVU)/
New York State Police
1-844-845-7269
Utica Police Department (local police)
413 Oriskany Street West
Utica, New York 13502
Phone: (315) 735-3301
New Hartford Police Department (local police)
8635 Clinton St., New Hartford, NY 13413
Phone: (315) 724-7111
For Students, Faculty, Staff, and Contract Staff at Liverpool, NY site:

Liverpool Police number
Phone: (315) 457-0722
Onondaga County Sheriff (located in Liverpool, NY)
Phone: (315) 435-0722
For Students, Faculty, Staff, and Contract Staff at Latham, NY site:

Colonie Town Police Department
(518) 783-2744
For Students, Faculty, Staff, and Contract Staff at St. Petersburg, FL site:

Pinellas County Police
Phone: (727) 582-6200

A reporting party who is not satisfied with the attempts to resolve the sexual harassment or sexual misconduct may seek resolution through other sources, such as the New York State Division of Human Rights, the Equal Employment Opportunity Commission, the Office for Civil Rights, or the U.S. Department of Education.

What and Who to Know

Procedure Flowchart

Victim Resources Downloadable Pamphlet

Know Your Rights

Utica University is committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in University programs, activities, and employment. All victims/survivors regardless of race, creed, color, sex, pregnancy, ethnic or national origin, religion, marital status, age, sexual orientation, gender identity, gender expression, veteran status, disability, citizenship status, genetic predisposition, domestic violence victim status, or protected status under applicable local, state, or federal law, have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad:

Bill of Rights In Cases Involving Sexual Assault, Domestic/Dating Violence, and Stalking

All individuals have the right to:

Make a report to the University, local law enforcement , and/or state police;
Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
Make a decision about whether or not to disclose a crime or violation and participate in the conduct process and or criminal justice process free from pressure by Utica University;
Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
Be treated with dignity and to receive from the University courteous, fair, and respectful health care and counseling services, where available;
Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
Describe the incident to as few University representatives as practicable and not be required to unnecessarily repeat a description of the incident;
Be protected from retaliation by Utica University, any student, the accused and/or the respondent, and/or their friends, family, and acquaintances within the jurisdiction of Utica University;
Access to at least one level of appeal of a determination;
Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the conduct process including during all meetings and hearings related to such process; and
Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of Utica University.

Student Bill of Rights

Members of Utica University who have complaints of sexual harassment or sexual misconduct by anyone at this University, including any

Students
Staff
Administrators
Faculty

...as well as:

Vendors
Contingent Employees
Clients
Consultants

....are encouraged to report such conduct to the Title IX Coordinator or the Office of Campus Safety. If the conduct is reported to the Office of Campus Safety, the Title IX Coordinator will be notified so that they may tap the appropriate people to open an investigation.

If you have trouble accessing or printing this form, please contact Kyle Wilson, Title IX Coordinator, at (315) 792-3063 or klwilson@utica.edu.

If this is a matter of safety, please contact the Office of Campus Safety immediately at (315) 792-3046 or dial 611 from on-campus landlines.

File A Complaint

There are a number of individuals who have key roles and responsibilities throughout the reporting, investigatory and adjudication processes. These individuals are required to be free from conflicts of interest or bias for, or against, reporting parties and responding parties.

Title IX Coordinator

Utica University’s Title IX Coordinator is responsible for receiving reports of sex discrimination, including sexual harassment and sexual misconduct. Reports to the Title IX Coordinator may be made at any time (including non-business hours) by phone, e-mail, or regular mail. If a report is determined to meet the definition of a potential violation of this policy, the Title IX Coordinator will be responsible for overseeing the investigatory process and for providing all required disclosures and notifications to the reporting and responding parties. The Title IX Coordinator will also communicate any supportive measures to reporting and responding parties. All of this will be done in a prompt and fair manner.

The Title IX Coordinator works with others at Utica University to make sure policies and procedures are updated and communicated as needed.

Utica University’s Title IX Coordinator is:

Kyle Wilson, Title IX Coordinator
Phone Number: (315) 792-3063
Email Address: klwilson@utica.edu
Office Location: 124 White Hall (Utica University Main Campus – 1600 Burrstone Road, Utica, NY, 13502)

Utica University also has a Deputy Title IX Coordinator who is able to coordinate investigations in the absence of the Title IX Coordinator, or who is available to coordinate cases that involve employees. The Deputy Title IX Coordinator is:

Kristin St. Hilaire, Interim Director of Athletics and Physical Education
Phone Number: (315) 792-3051
Email Address: kmsthila@utica.edu
Office Location: Clark Athletic Center (Utica University Main Campus – 1600 Burrstone Road, Utica, NY 13502)

Title IX Investigators

Title IX investigators are Utica University employees who are trained to conduct fair and comprehensive investigations into complaints of sexual harassment and sexual misconduct. These individuals receive training specific to conducting impartial investigations with fairness to both parties, and are also trained in trauma-informed practices. Title IX investigators are assigned to investigate reports made to the Title IX Coordinator. They gather as much evidence as possible and prepare a report of that evidence to the Title IX Coordinator, who then provides it to the decision-maker (see below).

Decision-Maker

The decision-maker is a Utica University employee who is responsible for reading investigatory reports provided by the Title IX Coordinator, convening a live hearing when necessary, managing the live hearing process, and determining whether the responding party is responsible for alleged violations and, if applicable, appropriate sanctions, based on all of the information provided. Decision-makers receive specific training to prepare them for this responsibility.

For cases involving students, the decision-maker is either the Director of Student Conduct and Community Standards or another party designated by the University (such as another trained member of the Student Affairs team). For cases involving employees, the decision-maker is either the Assistant Director of Human Resources or another party designated by the University (such as another trained member of the Human Resources team). In employee cases, the Assistant Director or designee will NOT also serve as the case Title IX Coordinator. In those cases, a Deputy Title IX Coordinator will coordinate the investigatory process.

Advisor

The reporting party and responding party have the opportunity to select someone to be with them throughout the investigatory and hearing processes. This individual, called the “advisor of choice” or “advisor”, may or may not be an attorney. In cases where a student does not have access to an advisor, the University will provide an advisor of the University’s choice. The advisor will be copied on correspondence that is presented throughout the investigatory process. The advisor will also have the ability to cross-examine the other party and any witnesses during live hearings, as long as the cross-examination questions are determined to be relevant by the decision-maker and otherwise comply with the requirements of this policy as described below. The advisor will be copied on communications related to determination of the hearing process, and any associated disciplinary action.

Responsible Administrators

Responsible administrators are officials at Utica University with the authority to institute corrective measures on the University’s behalf. This includes:

Certain officers of the University (Provost and Senior Vice President for Academic Affairs, as an example)
Title IX Coordinator
Deputy Title IX Coordinators
Dean of Students
Student Living and Campus Engagement staff
Campus Safety personnel

When a report of sexual harassment or sexual misconduct is made to a responsible administrator, the University’s responsibility to respond to the report is triggered.

Appeals Board

After a determination is made, or if a complaint or specific allegations in a complaint is/are dismissed as described below, the reporting party and responding party both have the right to appeal the outcome and associated disciplinary decision (or the dismissal). The appeals board of Utica University is comprised of three individuals who are trained in this responsibility, who will hear appeals and determine whether or not the matter needs to be reviewed as a result of one or more of the following: (1) there is a procedural irregularity that affected the determination or dismissal; (2) there is newly discovered information that could affect the determination or dismissal; (3) Title IX personnel had a conflict of interest, or bias against complainants or respondents generally or the complainant or responding party in the case, that affected the determination or dismissal; or (4) a sanction is inconsistent with the severity of the violation or otherwise inappropriate. The appeals board will issue their decision on the appeal in writing to both the reporting and responding party within three business days after making their decision.

Title IX Coordinator

Utica University’s Title IX Coordinator is responsible for receiving reports of sex discrimination, including sexual harassment and sexual misconduct. Reports to the Title IX Coordinator may be made at any time (including non-business hours) by phone, e-mail, or regular mail. If a report is determined to meet the definition of a potential Title IX violation, the Title IX Coordinator will be responsible for overseeing the investigation. The Title IX Coordinator will also communicate any supportive measures to involved parties in a prompt and fair manner.

Kyle Wilson, Title IX Coordinator
(315) 792-3063
klwilson@utica.edu
124 White Hall

Deputy Coordinator

Kristin St. Hilaire, Interim Director of Athletics and Physical Education
(315) 792-3051 or kmsthila@utica.edu
Clark Athletic Center

Investigators

Members of the campus community who are trained to investigate acts of sexual misconduct. Each investigator understands the importance of confidentiality, and will only share findings with the Title IX Coordinator and Deputy Title IX Coordinator.

Greg Caloia
Director of Student Success
Meredith Lopata
Director of Advancement Operations

TITLE IX VIOLATIONS
In accordance with Title IX as interpreted by the United States Department of Education, the University recognizes the following as conduct violations within the meaning of Title IX, provided that 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 is participating in or seeking to participate in the University's education program or activity at the time of the complaint, and that the conduct is alleged to have occurred in the context of the University's education program or activity:
1. Sexual Harassment. "Sexual harassment", as a Title IX Violation, means conduct on the basis of sex, including gender, sexual orientation, or gender identity or expression, that satisfies one or more of the following:
  - An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual's participation in unwelcome sexual conduct (commonly referred to as a "quid pro quo");
    
    or
  - Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University's education program or activity (commonly referred to as a sexually or gender-based "hostile environment").
2. Sexual Assault. Consistent with federal law, the University defines sexual assault as including:
  - Non-Consensual Sexual Intercourse. Sexual assault of this type includes 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 other person.
  - Non-Consensual Sexual Contact. This form of sexual assault includes any intentional touching, however slight, for purposes of sexual gratification, of the private body parts (including genitalia, anus, groin, breast, inner thigh, or buttocks) of 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 consent because of their youth or because of their temporary or permanent mental or physical incapacity. This may include non-penetrative acts, touching directly or with an object, and/or touching the private body parts of another over clothing.
  - 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. The statutory age of consent in New York is 17.
3. Dating Violence. Dating violence refers to violence (including but not limited to sexual or physical abuse or the threat of such abuse) committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, where the existence of such a relationship shall be determined based on the statement of the reporting party with consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. Dating violence can include behavior such as coercion, isolation or other forms of emotional, verbal or economic abuse if it reflects a threat of sexual or physical abuse as described above. Dating violence does not include acts covered under the definition of domestic violence.
4. Domestic Violence. Domestic violence refers to violence committed by a current or 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 University 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. To categorize an incident as Domestic Violence, the relationship between the responding party and the complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship as described above.
5. Stalking. Stalking is engaging in a course of conduct directed at a specific person on the basis of sex that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress. For the purposes of this definition, (i) a "course of conduct" means two or more acts, including, but not limited to, acts in which the individual 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; (ii) "reasonable person" means a reasonable person under similar circumstances and with similar identities to the complainant; and (iii) "substantial emotional distress" means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling. Examples of behavior that may constitute stalking include repeated, intentional following, observing or lying in wait for another; using "spyware" or other electronic means to gain impermissible access to a person's private information; repeated, unwanted, intrusive, and frightening communications by phone, mail, email, text, etc.; making direct or indirect threats to harm an individual or the individual's relatives, friends, or pets; or damaging or threatening to damage the property of the targeted individual. Stalking that does not occur on the basis of sex may be addressed as a Community Standards Violation as described below.
COMMUNITY STANDARDS VIOLATIONS
The University prohibits the following behavior under circumstances in which a University interest is implicated (such as an impact on individuals as members of the University community). For the purpose of Community Standards Violations, the below conduct is prohibited even if the conduct occurs off-campus, outside the United States, if the complainant is not participating or seeking to participate in the University's education program or activity, or otherwise in circumstances over which the University does not have influence or control, including but not limited to during University academic breaks.
1. Sexual harassment. "Sexual harassment" means unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual's sex or gender, sexual orientation, or gender identity or expression, when such conduct has the purpose or effect of unreasonably interfering with an individual's work, academic, or extracurricular performance, or creating an intimidating, hostile, or offensive work or learning environment, even if the reporting individual is not the intended target of the sexual harassment.
  
  Harassing conduct can occur in various forms, including:
  - Verbal - Conduct such as unwelcome sexually suggestive, demeaning, or graphic comments; unwelcome verbal sexual advances; using slurs to refer to a person; bullying, yelling or name-calling; refusing to use a person's preferred pronouns or name; or jokes or comments that demean a person on the basis of gender, sexual orientation, gender identity or gender expression.
  - Physical - Conduct such as unwanted sexual contact or physical sexual advances (e.g., unwanted touching, pinching, patting, kissing, hugging, grabbing, brushing against another person's body or poking another person's body); sexual intimidation through physical threats; or physical threats toward or intimidation of another on the basis of gender, sexual orientation, gender identity or gender expression.
  - Visual - Conduct such as exposing another person to unwanted pornographic images; creating or displaying pictures, symbols, flags, cartoons, or graffiti that is/are sexually offensive or disparage(s) another person or group based on gender, sexual orientation, gender identity or gender expression.
  - Communication-based - Conduct such as phone calls, e-mails, text messages, chats, blogs or online communications that offend, demean, or intimidate another on the basis of gender, sexual orientation, gender identity or gender expression. Members of the community are expected to be good digital citizens and to refrain from online misconduct, such as feeding anonymous gossip sites, sharing inappropriate content via social media, unwelcome sexual or sex-based messaging, distributing or threatening to distribute revenge pornography, breaches of privacy, or otherwise using the ease of transmission and/or anonymity of the Internet or other technology to harm another member of, or group within, the University community.
  - Sex stereotyping - Conduct in which another person's or group's conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.
  A "hostile environment" is created when the offensive behavior interferes with an individual's ability to participate in the University's programs (i.e., to work and to learn) when judged against a reasonable person standard. However, the University encourages individuals experiencing or witnessing offensive behavior to make a report as early as possible so as to have the situation corrected before it reaches the level of a hostile environment. Individuals with a concern need not worry about whether the behavior is sufficiently serious to constitute a hostile environment. The University reserves the right to remedy sexual harassment pursuant to this policy even if the behavior in question does not rise to the level of legally recognized or actionable harassment.
  The fact that a person was personally offended by a statement or incident does not alone constitute a violation of this policy. The determination as to whether this policy has been violated takes into account the totality of the circumstances as described above. In all instances, a key factor is whether the complained-of behavior occurred because based on gender, sexual orientation, gender identity or gender expression or was sexual in nature. If it did not or was not, the behavior is not regulated by this policy. However, even if the conduct is not sexual in nature or based upon on gender, sexual orientation, gender identity or gender expression and/or does not otherwise constitute prohibited conduct under this policy, the University may respond by providing individual and community support and resources to those who have been impacted.
  The University also prohibits "quid pro quo" sexual harassment, which means "this for that" harassment. It is a violation of this policy for any person to condition any benefit on submission to sexual activity. No person should believe that any other person -- no matter their position of authority -- has a right to require sexual activity in exchange for any benefit or advantage; they do not.
2. Sexual Assault. "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, without affirmative consent, or where the victim is incapable of giving affirmative consent, but that does not constitute sexual assault as a Title IX Violation as defined above because of the nature of the behavior 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 University's education program or activity at the time of the complaint, or because the conduct did not occur in the context of the University's education program or activity).
  
  Sexual assault consists of the following specific acts:
  - Non-Consensual Sexual Intercourse. Sexual assault of this type includes 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, forcibly or without affirmative consent or where the victim is incapable of affirmative consent due to mental or physical incapacity. This type of sexual assault also includes non-forcible sexual intercourse with a person who is under the statutory age of consent. In New York, the statutory age of consent is 17 years old.
  - Non-Consensual Sexual Contact. This form of sexual assault includes any intentional touching, however slight, for purposes of sexual gratification or with sexual intent, of the private body parts (including genitalia, anus, groin, breast, inner thigh, or buttocks) of another person without affirmative consent. This may include non-penetrative acts, touching directly or with an object, and/or touching the private body parts of another over clothing. This may also include forcing or causing another without affirmative consent to touch one's own private body parts.
3. Sexual Exploitation. Taking nonconsensual or abusive sexual advantage of another for one's own benefit or for the benefit of anyone other than the person being exploited, if the conduct does not otherwise constitute another offense under this policy. Examples of sexual exploitation include (a) sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed); (b) taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person's consent or beyond the parameters of consent), including the making or posting of revenge pornography; (c) 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; (d) prostituting another person; (e) engaging in sexual activity with another person while knowingly infected with a sexually-transmitted disease (STD) or infection (STI), without informing the other person of the STD or STI; (f) causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person's ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity; (g) misappropriation of another person's identity on apps, websites, or other venues designed for dating or sexual connections; (h) 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; or (i) knowingly soliciting a minor for sexual activity.
4. Dating Violence. Dating violence refers to violence (including but not limited to sexual or physical abuse or the threat of such abuse) committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, but that does not constitute dating violence as a Title IX Violation as defined above because of the nature of the behavior 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 University's education program or activity at the time of the complaint, or because the conduct did not occur in the context of the University's education program or activity). The existence of such a relationship shall be determined based on the statement or the reporting party with consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. Dating violence can include behavior such as coercion, isolation or other forms of emotional, verbal or economic abuse if it reflects a threat of sexual or physical abuse as described above. Dating violence does not include acts covered under the definition of domestic violence.
5. Domestic Violence. Domestic violence refers to violence committed by a current or 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 University 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 in which the act of violence occurs, that does not constitute domestic violence as a Title IX Violation as defined above because of the nature of the behavior 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 University's education program or activity at the time of the complaint, or because the conduct did not occur in the context of the University's education program or activity). To categorize an incident as Domestic Violence, the relationship between the responding party and the complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship as described above.
6. Stalking. Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress, but that does not constitute stalking as a Title IX Violation as defined above because of the nature of the behavior, the 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 University's education program or activity at the time of the complaint, or because the conduct did not occur in the context of the University's education program or activity). For the purposes of this definition, (i) a "course of conduct" means two or more acts, including, but not limited to, acts in which the individual 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; (ii) "reasonable person" means a reasonable person under similar circumstances and with similar identities to the complainant; and (iii) "substantial emotional distress" means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling. Stalking behavior may include but is not limited to repeated, intentional following, observing or lying in wait for another; using "spyware" or other electronic means to gain impermissible access to a person's private information; repeated, unwanted, intrusive, and frightening communications by phone, mail, email, text, etc.; making direct or indirect threats to harm an individual or the individual's relatives, friends, or pets; or damaging or threatening to damage the property of the targeted individual.

Related Definitions

Affirmative Consent - In order for individuals to engage in sexual activity of any type with each other, there must be clear affirmative consent. Whenever the term consent is used in this policy, it should be understood to mean affirmative consent as defined here. Affirmative consent is a knowing, voluntary and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of affirmative consent does not vary based on a participant’s sex, sexual orientation, gender identity, or gender expression. Under this policy, “No” always means “No.” At the same time, silence, or the absence of an explicit “no”, cannot be assumed to indicate consent.
1. Consent to some form of sexual activity between or with any party cannot be automatically taken as consent to any other sexual activity.
2. Past consent to sexual activity cannot be presumed to be consent to engage in the same sexual activity in the future.
3. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
4. Consent can be withdrawn at any time by expressing in words or actions that the individual no longer wants the sexual activity to continue and, if that happens, the other person must stop immediately.
5. Affirmative consent cannot be obtained by use of force, compelling threats, intimidating behavior, or coercion. Consent cannot be given when a person is incapacitated, as defined below. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
Incapacitation- This occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness, mental disability, being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. In order to give affirmative consent, one must be of legal age, which is 17 in the state of New York. Use of alcohol or other drugs does not, in and of itself, negate a person’s ability to give affirmative consent. However, depending on the degree of intoxication, someone who is under the influence of alcohol or drugs or other intoxicants may be incapacitated and therefore unable to consent. A person who has been drinking or using drugs is still responsible for ensuring that the other person provides affirmative consent to engage in sexual activity. An individual’s incapacity may also be caused by consuming “date rape” drugs. Possession, use, and/or distribution of any of these substances (including Rohypnol, Ketomine, GHB, Burundanga, and others) is prohibited, and administering any of these drugs to another person for the purpose of inducing one to consent to sexual activity is a violation of this policy.
Coercion - Coercion is a threat, undue pressure, or intimidation to engage in sexual activity. Coercion is more than an effort to persuade, seduce, entice, or attract another person to engage in sexual activity. A person’s words or conduct are sufficient to constitute coercion if they deprive another individual of the ability to freely choose whether or not to engage in sexual activity.
Force - Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that overcome resistance or produce consent.
Complainant (f.k.a. Reporting Party) - The complainant is the person who is alleged to be the victim of conduct that could constitute sexual harassment or sexual misconduct. A person who files a report on behalf of another person is referred to more specifically as a third-party reporter. The person who is directly affected by the reported behavior, whether reported by them or a third party, will be referred to as the complainant or reporting party.
Respondent (f.k.a. Responding Party) - The respondent is the person who is alleged to have engaged in behavior that violates this policy and, if a process is commenced, is responding to the allegations. The respondent may also be referred to as the responding party.
Supportive Measures - Non-disciplinary, non-punitive individualized services offered, as appropriate and as available, and without fee or charge to the reporting party or responding party, before or after the filing of a formal complaint or where no formal complaint has been filed. These measures are designed to restore or preserve equal access and ensure the safety of all involved parties. Examples of supportive measures include, but are not limited to:
- counseling services;
- extensions of deadlines or other course-related adjustments;
- modification of work or class schedules;
- safety escorts;
- mutual no-contact restrictions and, in certain cases, one-way no contact orders;
- changes in work or housing locations;
- leaves of absence;
- increased security and monitoring of certain areas of the campus;
and other similar measures.
Preponderance of Evidence Standard - This is the standard of evidence that is used to determine whether or not a violation of this Utica University policy has occurred. This standard states that based on the collected evidence, it is “more likely than not” that a violation occurred. The burden of proof lies with the institution, and it applies to students, faculty and staff.
Inculpatory Evidence: - This is evidence that tends to reflect a responding party’s responsibility for an alleged violation.
Exculpatory Evidence - This is evidence that tends to reflect that a responding party is not responsible for an alleged violation.

Policies, Measures, and Appeals

Utica University is committed to providing a learning and working environment in which all interpersonal relationships are based upon respect and dignity. Therefore, in accordance with Title IX of the Education Amendments Act of 1972 (Title IX), the Clery Act, the Violence Against Women Act, and New York Education Law Article 129-B, Utica University will not tolerate sex-based harassment or sexual misconduct, which are forms of discrimination on the basis of sex, that include any of the following when they impact or have the potential to impact the educational or employment environment of any members of the University community: sex-based harassment; harassment based on gender identity, gender expression, or transgender status; sexual assault; domestic or dating violence; or stalking.

Sexual Harassment and Sexual Misconduct Policy

Informal Resolution Process

Utica University does not discriminate on the basis of race, color, national origin, sex, disability, religion, age, veteran status, gender identity, marital status, sexual orientation, gender expression or any characteristic protected by law, in its educational programs and activities, admissions, or employment, as required by Title IX of the Educational Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964 and other applicable laws and Utica University policies.

Title IX and Intercollegiate Athletics: Related Policies at Utica University

Title IX provides that:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Although Title IX prohibits sex discrimination campus-wide, it has been defined to apply to intercollegiate athletics in three specific areas: Participation, Scholarships and Treatment of Existing Athletes and Programs. Title IX compliance requires equity as that term has been defined under the law in each of these three areas. Utica University believes that all students have a right to participate in an athletic program free of discrimination, including sex- and gender-based misconduct and retaliation. Utica University believes in the educational value of intercollegiate athletics and as such offers competitive NCAA Division III athletic programs with core conference membership in the Empire 8.

Participation in intercollegiate athletics is a privilege and as such, those who participate agree to abide by the rules and regulations set forth by the NCAA, Empire 8, other affiliate Conferences, and Utica University. Please refer to the Utica University Student Handbook and the Utica University Student-Athlete handbook for more information.

Participation

Title IX provides three separate avenues for compliance in relation to the accommodation of interests and abilities portion of Title IX. Students who wish to compete on a varsity sport that is not currently offered at Utica University may file a petition to gain varsity status for that sport. Petitions will be reviewed annually. In general, factors considered shall include overall program, gender equity, student interest and ability and the availability of regional competition.

Athletic Scholarships

For Utica University, this area is not applicable due to the University’s NCAA DIII affiliation.

Treatment

Title IX expects athletics programs to treat its male and female student athletes equally with regard to the following areas:
a. The provision of equipment and supplies;
b. Scheduling of games and practice time;
c. Travel and per diem allowance;
d. Opportunity to receive coaching and academic tutoring;
e. Assignment and compensation of coaches and tutors;
f. Provision of locker rooms, practice and competitive facilities;
g. Provision of medial and training facilities and services;
h. Provision of housing and dining facilities and services;
i. Publicity;
j. Recruitment.

Equity in this area means that there is equality when assessing how men as compared to women are treated in the aggregate. For example, men and women that play the same sport would not necessarily receive the same benefits but that an equitable number of men and women across the programs are treated alike. Also, because sports differ, they may for example require different gear, medical attention, and the assignment of an unequal number of coaches. Accordingly, given the unique features surrounding sports, Utica University believes that student athletes should be treated equally.

No matter the source of the funds used to support student athlete activities and treatment (e.g., fund-raised, donated, contractually-secured), Utica University will treat student athletes equitably in support of their participation.

The following document outlines the appeals policy and process for Title IX complaints.

Appeals Policy as stated in Utica University’s Sexual Harassment and Sexual Misconduct Policy https://www.utica.edu/policies/policies.cfm?id=145
In all cases (except when a vendor, visitor, or other non-community member does not have a right to appeal), either party may appeal (1) the decision-maker’s decision; and/or (2) the University’s dismissal of a complaint or any allegations therein by filing an appeal within three (3) business days of the decision or dismissal. Where the responding party is a student, the appeal will go to an appeals panel comprised of three individuals from the University community who are appointed to serve as an appeals board. Where the responding party is a faculty member, the appeal should be made to the Provost. Where the responding party is a staff member, the appeal should be made to the staff member’s area vice president.
The grounds for appeal are limited to the following:
- A procedural irregularity that affected the determination or dismissal;
- Newly discovered evidence that was not reasonably available at the time the determination or dismissal was made that would affect the determination or dismissal; or
- The Title IX Coordinator, investigator(s), or decision-maker had a conflict of interest or bias for or against reporting parties/complainants or respondents generally or the individual reporting party/complainant or respondent in the case that affected the determination regarding responsibility or dismissal; or
- A sanction is inconsistent with the severity of the violation or otherwise inappropriate.
In the event that an appeal is submitted, both parties will be notified. Sanctions remain in place pending the outcome of the appeal, unless the Director of Student Conduct and Community Standards, or the appropriate decision maker, decides otherwise.
The individual or body considering an appeal may take any of the following actions:
- Deny the appeal;
- Approve the appeal;
- Approve the appeal in part (which may result in a modification of the findings and/or sanction(s) (if applicable)); or
- Remand the case for further investigation or other process, with guidance.
The appeal decision will be provided to both parties in writing, at or about the same time, and will be final, except to the extent that one or more parties seek review of proceedings ordered on remand.
Appeals Process for Students
- Any person wishing to make an appeal may do so in writing to the Dean of Students within 3 business days of the issuance of the Title IX Coordinator’s decision. The Dean of Students will issue a letter of receipt and will notify all involved parties that an appeal has been filed. The party who is not appealing the decision will be given the opportunity to review the appeal and submit a response.
- The Dean of Students will convene the Appeals Board and present all appeal information which will include:
  - letter of appeal;
  - the Title IX investigatory report;
  - any other additional information provided by either party; and, if necessary,
  - information from interviews with the Title IX Coordinator, Investigators, and/or the Decision-Maker (these interviews are not required, but the Appeals Board reserves the right to interview)
- After considering all information, the Appeals Board will make a final determination. They may decide to deny the appeal, approve the appeal, approve the appeal in part, or remand the case for further investigation or review, with guidance (see Section I of this document).
- The Appeals Board issues its decision in writing and sends it to the Dean of Students, who then informs all parties (including appropriate University personnel, if applicable) of the outcome.
- All Appeals Board decisions are final.

Supportive Measures are non-disciplinary, non-punitive measures that can be put in place for a person involved (either as a reporting party or a responding party) in a case involving sex-based harassment or sexual misconduct. These measures are offered free of charge and can be accessed either by making a request to the Title IX Coordinator, or the Title IX Coordinator may put them in place. They are designed to restore or preserve equal access and ensure the safety of all involved parties. Examples of supportive measures include, but are not limited to:

counseling services;
extensions of deadlines or other course-related adjustments;
modification of work or class schedules;
safety escorts;
mutual no-contact restrictions and, in certain cases, one-way no contact orders;
changes in work or housing locations;
leaves of absence;
increased security and monitoring of certain areas of the campus;

and other similar measures.

To learn more about supportive measures, please contact Kyle Wilson, Title IX Coordinator, at (315) 792-3063 or klwilson@utica.edu.

New York State Workplace Sexual Harassment Supplemental Policy

Workplace Harassment Complaint Form

In compliance with New York State law, Utica University provides for the following notifications concerning workplace sexual harassment. The following does not replace -- and is instead in addition to -- the University’s Sexual Harassment, Gender-Based Harassment, and Sexual Misconduct Policy.

Sexual harassment is defined in the Sexual Harassment, Gender-Based Harassment, and Sexual Misconduct Policy, which also sets forth the University’s procedures for reporting, investigating and adjudicating complaints of sex-based harassment.

The University’s policies addressing sexual harassment apply to all employees. They also apply to individuals who are not employees of the University but are employees of contractors, subcontractors, vendors, consultants, and other persons who provide services in the University’s workplace, such as interns and temporary employees.

Sex-based harassment is a form of employee misconduct. A University employee who is experiencing sex-based harassment or suspects that another employee is being harassed may contact his/her/their supervisor or department head, the Office of Human Resources, or a Responsible Administrator listed in the Sexual Harassment, Gender-Based Harassment, and Sexual Misconduct Policy. A University supervisor or manager who receives a complaint or information about workplace sex-based harassment is required to take appropriate action. Appropriate action may include immediately intervening if harassment is witnessed by the supervisor or manager, and in all instances includes reporting the situation to the Office of Human Resources or to the Title IX Coordinator. In addition to being subject to discipline if they themselves engage in sex discrimination, sexually harassing conduct, or retaliation, persons with supervisory authority over other University employees will be subject to discipline for knowingly allowing sex-based harassment to continue. A reporting form is provided as an attachment to this policy that employees may use, if they wish, to submit a report of workplace sex-based harassment.

Utica University reserves the right to take action to correct -- including to discipline -- behaviors that violate the University’s professional conduct expectations even if the conduct does not violate the law. Therefore, not all situations that violate University policy will constitute a violation of the law or allow for a legal remedy. The agencies listed below enforce laws prohibiting sex-based harassment. An individual who has experienced workplace harassment may file a complaint with the University only, may file a complaint with an enforcement agency in addition to filing with the University, or may file only with an enforcement agency.

The New York State Division of Human Rights (DHR) enforces the Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., which prohibits sexual harassment in employment in New York State, and protects employees, and other individuals working in an employer’s workplace. A complaint alleging a violation of the Human Rights Law may be filed either with DHR, subject to a one year statute of limitations, or in New York State Supreme Court, subject to a three year statute of limitations.

The DHR will investigate the complaint to determine if unlawful harassment occurred and if the circumstances amount to a violation of the law. If unlawful discrimination is found after a hearing, the DHR or the court may award relief, which varies, but may include requiring the employer to take action to stop the harassment, or redress the damage caused, including reversing an unlawful employment action, paying monetary damages, attorneys’ fees and civil fines. Complaining internally to the University does not extend your time to file with DHR or in court. You do not need an attorney to file a complaint with DHR and there is no cost to file with DHR.

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458, (718) 741-8400 www.dhr.ny.gov. The DHR can be contacted at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form and contact information for DHR’s regional offices across New York State.

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An employee must file a complaint with the EEOC within 300 days from the conduct giving rise to the complaint. The EEOC also investigates complaints, but does not hold hearings or award relief. The EEOC may take other action including pursuing cases in federal court on behalf of complaining parties, or issuing a Right to Sue Letter that allows an individual to pursue his/her claims in federal court. Federal courts may award remedies if discrimination is found to have occurred.
The EEOC can be contacted by calling 1-800-669-4000 (1-800-669-6820 (TTY)), or visiting their website at www.eeoc.gov or via email at info@eeoc.gov. If an individual files an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the individual’s right to proceed in federal court.

There may be additional applicable laws, including local laws, or agencies that address the topics covered by this policy. If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. An employee who believes that a crime has been committed, or who employee believes he/she/they is/are in physical danger, is/are urged to file a report with the local police department immediately.

Individuals are reminded that no one who in good-faith makes a complaint of sex-based harassment or participates in an investigation into sex-based harassment -- whether an internal University process or an external enforcement agency process -- may be retaliated against. Retaliation is against Utica University policy and it is against the law.

Other Resources

Sanctuary for Families - Legal Services

Legal Aid

Campus Climate Survey - 2017 Results (PDF)

Section 106.45(b) of the 2020 Final Title IX Rules require the sharing of “[a]ll materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. A recipient must make these training materials publicly available on its website, or if the recipient does not maintain a website the recipient must make these materials available upon request for inspection by members of the public.”

For the purposes of compliance with section 106.45 of the Title IX Final Rules, Utica University will regularly publish materials used for training Title IX Coordinators, investigators, decision-makers, and persons who facilitate informal resolutions on the university website. Please note that materials will be continuously posted as materials become available.

Grievance Process

Trauma Informed Investigation and Practices

Utica University is a proud SUNY Student Conduct Institute (SCI) member, which provides training materials to meet New York State and Federal Title IX Regulations. Additional training materials are publicly available at https://system.suny.edu/sci/postedtraining/.

Videos

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