Who's Who in the Title IX Process?
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 College’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 College to make sure policies and procedures are updated and communicated as needed.
Utica College’s Title IX Coordinator is:
Lisa Green, Vice President for Human Resources and Personnel Development/Title IX Coordinator
Phone Number: (315) 792-3276
Email Address: firstname.lastname@example.org
Office Location: Addison Miller White Hall, Suite 124 (Utica College Main Campus – 1600 Burrstone Road, Utica, NY, 13502)
Utica College 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:
Dave Fontaine, Director of Athletics and Physical Education
Phone Number: (315) 792-3050
Email Address: email@example.com
Office Location: Clark Athletic Center (Utica College Main Campus – 1600 Burrstone Road, Utica, NY 13502)
Title IX Investigators
Title IX investigators are Utica College 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).
The decision-maker is a Utica College 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 College. For cases involving employees, the decision-maker is the Vice President for Human Resources and Personnel Development/Title IX Coordinator. In employee cases, the Vice President for Human Resources and Personnel Development/Title IX Coordinator will NOT serve as the case Title IX Coordinator. In those cases, a Deputy Title IX Coordinator will coordinate the investigatory process.
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 College will provide an advisor of the College’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 are officials at Utica College with the authority to institute corrective measures on the College’s behalf. This includes:
- Certain officers of the College (Provost and Senior Vice President for Academic Affairs, and Senior Vice President for Student Life and Enrollment Management)
- Title IX Coordinator
- Deputy Title IX Coordinators
- Interim Dean of Students
- Area Coordinators and Directors in the Office of Student Living and College Engagement
- Campus Safety personnel
When a report of sexual harassment or sexual misconduct is made to a responsible administrator, the College’s responsibility to respond to the report is triggered.
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 College 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