Sexual Harassment and Sexual Misconduct Policy (2020)
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Sexual Harassment and Sexual Misconduct Policy (2020)
For full text, please see the PDF version of this policy at the link above or at www.utica.edu/tixpolicy2020
POLICY:
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 sexual 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: sexual harassment; harassment based on gender identity, gender expression, or transgender status; sexual assault; domestic or dating violence; or stalking.
Utica University endeavors to provide a fair, impartial, and prompt response when sexual harassment and/or sexual misconduct is alleged to have occurred within the University community. Reports of sexual harassment or sexual misconduct will be promptly and thoroughly investigated either through a process based on Title IX regulations, if applicable, or through an alternative investigative process.
Individuals who are found to have been engaged in sexual harassment or sexual misconduct will be sanctioned following guidelines established in the applicable handbook, contract, or policy. More specifically, any individual who engages in such behavior will be subject to disciplinary action through the appropriate disciplinary process.
The University encourages any individuals covered by this policy who believe they are the victim of sexual harassment or sexual misconduct to report it and to take steps to preserve evidence, as it may be helpful in criminal and/or University disciplinary proceedings. Individuals who believe they are a victim of sexual harassment or sexual misconduct have the option of filing a report with the University, with local law enforcement, or with both. Those wishing to notify local law enforcement authorities will be assisted in doing so. Because the standards for finding a violation of criminal law are different from the standards in this policy, criminal investigations or reports will not determine whether or not a violation of this University policy has occurred.
For the purposes of this policy, the word “campus” refers to any property leased or owned by Utica University.
SCOPE:
This policy and its procedures apply to all Utica University students, faculty, and staff members. In addition, independent contractors, vendors, visitors, volunteers, alumni, and other guests of the University are expected to comply with this policy. This policy covers all academic, educational, co-curricular, athletic, and other University programs, including those that may take place off campus. Conduct that occurs off campus and not in connection with University programs may violate this policy if the conduct creates a threatening or hostile environment on campus or within a University program or if the incident causes concern for the safety or security of the University’s campus. This policy also applies regardless of the reporting party’s or responding party’s 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 other protected status under applicable local, state, or federal law.
One or more of the University’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 reporting party or responding party (as defined below). In all other situations, the University reserves the right to apply this process or another applicable University policy or process. The University will apply this process to any situation where the University determines that Title IX requires the application of this process.
REASON FOR POLICY:
Utica University has an ethical and legal obligation to create a working and learning environment free from all forms of discrimination and harassment, including sexual assault, dating violence, domestic violence, stalking, or any other form of sexual misconduct, and is committed to fostering a healthy and safe environment in which every member of the University community can realize their fullest potential. This policy has been developed to reaffirm these principles, to define community expectations, to establish a mechanism for determining when those expectations have been violated, and to provide recourse for those individuals whose rights have been violated.
The cost of sexual harassment and sexual misconduct to individuals is high and can include, but is not limited to, physical injury or illness, depression, feelings of helplessness, headaches, substance abuse, anxiety, sleep disturbances, and disordered eating. The cost of sexual harassment and sexual misconduct to the University can include, but is not limited to, decreased productivity, absenteeism, increased demand for services needed to address issues raised for the targets of harassing behavior, and eroded trust in the institution. Sexual harassment and sexual misconduct may also result in a decrease in morale, reduce participation in life-enriching student activities, and lower student success. Sexual harassment and sexual misconduct interfere with an employee’s ability to perform their job duties and a student’s ability to fully participate in the educational process.
All members of the Utica University community have a responsibility to cooperate in creating a climate where sexual harassment and sexual misconduct do not occur. In addition to ensuring legal compliance, this policy is designed to prepare members of the University community for that responsibility by creating an awareness of behavior that is considered to be sexual harassment or sexual misconduct, as well as fostering an understanding of the procedures Utica University will use to address such behavior in a way that protects reporting parties, witnesses, and responding parties.
Academic Freedom
Utica University is an academic institution at which academic freedom is necessary and valued. The University 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.
ROLES AND RESPONSIBILITIES:
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 Addison Miller White Hall (Utica University Main Campus – 1600 Burrstone Road, Utica, NY 13502)
Utica University also has a Deputy Title IX Coordinator who can 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 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 a staff member in the Office of Human Resources.
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 decisionmaker 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:
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 reporting parties/complainants or respondents generally or the reporting party 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.
NOTE: This page is currently under construction. For full text of this policy, please visit www.utica.edu/tixpolicy2020
POLICY:
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 sexual 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: sexual harassment; harassment based on gender identity, gender expression, or transgender status; sexual assault; domestic or dating violence; or stalking.
Utica University endeavors to provide a fair, impartial, and prompt response when sexual harassment and/or sexual misconduct is alleged to have occurred within the University community. Reports of sexual harassment or sexual misconduct will be promptly and thoroughly investigated either through a process based on Title IX regulations, if applicable, or through an alternative investigative process.
Individuals who are found to have been engaged in sexual harassment or sexual misconduct will be sanctioned following guidelines established in the applicable handbook, contract, or policy. More specifically, any individual who engages in such behavior will be subject to disciplinary action through the appropriate disciplinary process.
The University encourages any individuals covered by this policy who believe they are the victim of sexual harassment or sexual misconduct to report it and to take steps to preserve evidence, as it may be helpful in criminal and/or University disciplinary proceedings. Individuals who believe they are a victim of sexual harassment or sexual misconduct have the option of filing a report with the University, with local law enforcement, or with both. Those wishing to notify local law enforcement authorities will be assisted in doing so. Because the standards for finding a violation of criminal law are different from the standards in this policy, criminal investigations or reports will not determine whether or not a violation of this University policy has occurred.
For the purposes of this policy, the word “campus” refers to any property leased or owned by Utica University.
SCOPE:
This policy and its procedures apply to all Utica University students, faculty, and staff members. In addition, independent contractors, vendors, visitors, volunteers, alumni, and other guests of the University are expected to comply with this policy. This policy covers all academic, educational, co-curricular, athletic, and other University programs, including those that may take place off campus. Conduct that occurs off campus and not in connection with University programs may violate this policy if the conduct creates a threatening or hostile environment on campus or within a University program or if the incident causes concern for the safety or security of the University’s campus. This policy also applies regardless of the reporting party’s or responding party’s 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 other protected status under applicable local, state, or federal law.
One or more of the University’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 reporting party or responding party (as defined below). In all other situations, the University reserves the right to apply this process or another applicable University policy or process. The University will apply this process to any situation where the University determines that Title IX requires the application of this process.
REASON FOR POLICY:
Utica University has an ethical and legal obligation to create a working and learning environment free from all forms of discrimination and harassment, including sexual assault, dating violence, domestic violence, stalking, or any other form of sexual misconduct, and is committed to fostering a healthy and safe environment in which every member of the University community can realize their fullest potential. This policy has been developed to reaffirm these principles, to define community expectations, to establish a mechanism for determining when those expectations have been violated, and to provide recourse for those individuals whose rights have been violated.
The cost of sexual harassment and sexual misconduct to individuals is high and can include, but is not limited to, physical injury or illness, depression, feelings of helplessness, headaches, substance abuse, anxiety, sleep disturbances, and disordered eating. The cost of sexual harassment and sexual misconduct to the University can include, but is not limited to, decreased productivity, absenteeism, increased demand for services needed to address issues raised for the targets of harassing behavior, and eroded trust in the institution. Sexual harassment and sexual misconduct may also result in a decrease in morale, reduce participation in life-enriching student activities, and lower student success. Sexual harassment and sexual misconduct interfere with an employee’s ability to perform their job duties and a student’s ability to fully participate in the educational process.
All members of the Utica University community have a responsibility to cooperate in creating a climate where sexual harassment and sexual misconduct do not occur. In addition to ensuring legal compliance, this policy is designed to prepare members of the University community for that responsibility by creating an awareness of behavior that is considered to be sexual harassment or sexual misconduct, as well as fostering an understanding of the procedures Utica University will use to address such behavior in a way that protects reporting parties, witnesses, and responding parties.
Academic Freedom
Utica University is an academic institution at which academic freedom is necessary and valued. The University 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.
ROLES AND RESPONSIBILITIES:
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 Addison Miller White Hall (Utica University Main Campus – 1600 Burrstone Road, Utica, NY 13502)
Utica University also has a Deputy Title IX Coordinator who can 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 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 a staff member in the Office of Human Resources.
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 decisionmaker 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 Coordinator
- Dean of Students
- Deans and Directors in the Office of Student Living and Campus Engagement
- Campus Safety personnel
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 reporting parties/complainants or respondents generally or the reporting party 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.
NOTE: This page is currently under construction. For full text of this policy, please visit www.utica.edu/tixpolicy2020
| Effective Date: | 06/23/2015 |
| Promulgation Date: | 07/15/2015 |
| Date Last Revised: | 09/24/2024 |
| Revision Promulgation Date: | 09/24/2024 |