Title IX

Title IX of the Education Amendments of 1972: 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.

Introduction

Alfred University’s Discrimination, Harassment and Sexual Misconduct Policy has been adopted to ensure that all students, faculty, staff and guests may work, study, and enjoy the society of the University community without being subjected to discrimination, harassment or any form of non-consensual sexual activity.



At Alfred University, we seek to foster a collective sense of engagement, affirmation and belonging, where everyone is proud to be a member of our community.

We acknowledge that institutions can both produce and reproduce systems of inequity and exclusion. We aim to develop a shared practice of inquiry and a culture of shared responsibility for the purpose of identifying, challenging and dismantling institutional oppression.

To ensure inclusion, integrity and excellence in all we do:

  • We commit to embracing diverse perspectives and being attentive to power disparities, especially as it affects marginalized members of our community.
  • We commit to continually assessing campus climate and our support structures to identity priority areas for improvement so that this information becomes a part of institutional history and record.
  • We commit to continually engaging in purposeful conversations where we challenge ourselves and our community to examine our individual habits, and larger college practices, policies, and culture, including denouncing what is unjust.
  • We commit to identifying institutional barriers to a welcoming and respectful living, learning, and work environment, and allocating resources to remove them.
  • We commit to funding and supporting initiatives, offices, and centers to advance diversity, equity, and inclusion.

We will uphold all of the said commitments, act upon them, and continually enhance our community to nurture the abundant life we seek.

Once an institution of higher learning knows or reasonably should know of possible sex-based discrimination or harassment, including sexual violence, it must take immediate and appropriate action to investigate.

If a Title IX incident is reported, prompt and immediate steps to end the sexual violence, prevent its recurrence and address its effects MUST be taken.

The institution must also:

  • Take steps to protect the Reported Victim as necessary, including interim measures taken prior to the final outcome of the investigation.
  • Provide a grievance procedure for students to file complaints of sex discrimination, including reports of sexual violence.
  • Equal opportunity for both parties to present witnesses and other evidence.

The institution's grievance procedures must use the preponderance of evidence standard to resolve complaints. The institution must also notify both parties of the outcome of the complaint and appeal rights. The Reported Victim and the Respondent both have equal rights to notification, and each are informed of their appeal rights and action of the other person.

Title IX Coordinator

The Title IX Coordinator for Alfred University oversees this policy as well as the reporting, investigation, and response process to any report. This position is currently housed within the Chief Diversity Officer Office. The current Title IX Coordinator is Dr. Angie Taylor.

Investigator

The investigator assigned to investigate a formal complaint will be tasked with completing the investigation process from the creation of the investigation plan through the writing of an investigation report. The investigator will not be responsible for determining whether the policy was violated or what action should occur as a result of the investigation. They will be available to answer clarifying questions about the investigation to the hearing panel.

Panel Review

The panel will consist of three (3) staff and faculty members. The panel will be trained on Title IX, Alfred University’s policy and procedures as it relates to sexual misconduct, and are tasked with analyzing the investigation, asking clarifying questions, and making a determination of policy violation. If a determination is made that the policy was violated, the panel will also determine action from the findings.

The panel will be responsible for making these decisions based on majority vote. No panel member is permitted to abstain. The results of the panel discussion will be provided to the Title IX Coordinator and communicated in writing to the reporter and responding part through the determination letter.

Ombuds Officer

An Ombuds Office exists to provide an informal process for dispute resolution. The office is not designed to replace formal grievance procedures or formal procedures regarding tenure, promotion, reappointment and termination. The office provides impartial and private consultation to members of the university community who are aggrieved about an issue. Remains independent and neutral. Exercises good judgment.

Confidentiality: The Ombuds Officer will not voluntarily disclose to anyone outside the Ombuds Office, including the President or the Provost & Chief Operating Officer, the identity of those seeking the services of the Ombuds Officer, or information provided by those seeking aid, except in cases where confidentiality regarding such identities or such information may contribute to imminent risk or serious harm, or where the individual(s) seeking the aid of the Ombuds Officer expresses a willingness to forego confidentiality, or where a court of competent jurisdiction may require information from an Ombuds Officer. Provides information and assists in interpreting University policies and procedures. Provides referrals and assists in facilitating access to other resources as appropriate, including information about filing formal grievances. Shall try not to make judgments and will not make decisions regarding matters brought to the Ombuds Officer. Shall not provide legal advice or psychological counseling. Conducts appropriate informal inquiry to better understand all perspectives regarding matters brought to the office. With the inquirer's permission, shall consult with appropriate parties to clarify and analyze problems, focus discussions, and develop a mutually-satisfactory process for resolution.

Bias Response Team

Response Protocol:

  1. Reporting party submits Bias Incident Report using online report form.
  2. Reporting party reports a bias incident to a BRT member over the phone or in person.
  3. BRT member or university partner submits a Bias Incident Report as a third party, when appropriate. Reporting party directed to submit a Bias Incident Report, when appropriate.

Alfred University’s Board of Trustees has entrusted the President of the University with the responsibility to appoint the appropriate personnel to oversee the administration and enforcement of the provision of this policy.

The President has appointed the Chief Diversity Officer to be the Title IX Coordinator and the person responsible for overseeing the administration of this policy. The Title IX Coordinator is assisted by a primary Title IX Deputy Coordinator and has appointed additional Title IX Deputy Coordinators.


Title IX Coordinators

Title IX Coordinator for All Persons
Chief Diversity Officer
Dr. Angie Taylor
Powell Campus Center
Office: 607-871-2975
Cell: 703-859-1215

Title IX Deputy Coordinator (Primary)
Chief Human Resources Officer
Deb Drain
Greene Hall
Office: 607-871-2909 

Title IX Deputy Coordinator
Senior Human Resources Generalist & Payroll Supervisor
Office of Human Resources
Kayleigh Jones

Greene Hall
Office: 607-871-2276

Title IX Deputy Coordinator for Staff 
Human Resources Senior Associate 
Tamara Green
Greene Hall
Office: 607-871-2965

Title IX Deputy Coordinator
Human Resources Specialist
Samantha Taft
Greene Hall
Office: 607-871-2118

Title IX Deputy Coordinator for Residence Life 
Director of Residential Communities 
Max Koskoff 
Bartlett Hall
Office: 607-871-2393

Title IX Deputy Coordinator
Area Coordinator, Residence Life 
Jamie Seifert 
Moskowitz Hall
Office: 607-871-2264

Title IX Deputy Coordinator
Residential Communities Area Coordinator
Liz Peralta, MSW (She/Her/Hers)
Moskowitz Hall
Office: 607-871-2323 

Title IX Deputy Coordinator
Director of Public Safety
Public Safety Department
Scott Richardson
Powell Campus Center
Office: 607-871-2108

Title IX Deputy Coordinator for Student-Athletes 
Head Athletic Trainer 
Ronald Demchak 
McLane Center
Office: 607-871-2916

Title IX Deputy Coordinator for Student-Athletes 
Assistant Athletic Trainer 
Marley Signorelli 
McLane Center
Office: 607-871-2022

Title IX Deputy Coordinator
Ms. Laura Johnson (She/Hers) 
Director of Education Abroad
Office: 607-871-2094

University Ombuds, Professor Environmental Studies 
Frederic Beaudry
Science Center
Office: 607-871-2634

University Ombuds, Director, Advancement Services 
Jenny McCumiskey
Fasano House
Office: 607-871-2526

Bias Response Team Members

Angie Taylor – Office of Diversity, Equity, and Inclusion
Tom Orrange – Student Experience
Deb Drain – Human Resources
Scott Richardson – Public Safety
Dr. Beth Johnson – Academic Affairs
Jamall Lewis – University Advancement

Sexual Harassment

Sexual harassment is a form of discrimination under federal, state, and numerous local laws. For example, New York City's Stop Sexual Harassment Act Notice describes harassment as "unwelcome verbal or physical behavior based on a person's gender," such as inappropriate touching, negative employment threats or actions against someone for refusing sexual advances, conditioning job opportunities on sexual favors, making lewd comments, displaying pornography, or making sexist or derogatory comments based on someone's gender.

In New York State, sexual harassment includes harassment on the basis of sex, sexual orientation, gender identity, and the status of being transgender. It includes unwelcome conduct that is sexual in nature as well as conduct directed at an individual because of their sex.

Types of Harassment

Similar to federal law, New York State classifies sexual harassment as either "quid pro quo" or "hostile work environment" harassment.

Quid pro quo harassment occurs when a supervisor or manager tries to trade job benefits like hiring, promotion, or continued employment for sexual favors.

Hostile work environment harassment includes verbal, nonverbal, or physical misconduct of a sexual nature or that's directed at someone because of their sex. It can also include unwanted sexual advances, offensive or objectionable remarks which cause discomfort, humiliation, or which interfere with someone's work.

Severe or Pervasive

Federal law requires harassment to be "severe or pervasive" for it to be illegal.

By contrast, neither New York State nor New York City requires harassment to be "severe or pervasive." Under the laws of these jurisdictions, it's harassment to treat one employee worse than others because of gender—or any other protected category. Harassment does not include behaviors that a reasonable person would consider petty slights or trivial inconveniences.

Sex & Gender

New York State law prohibits harassment based on sex, including self-identified or perceived sex. It is also unlawful under state law to harass someone based on their transgender status, sexual orientation, gender expression, or gender identity. Harassment is illegal regardless of whether the person who engages in harassment targets members of another sex/gender or the same sex/gender.

It's also illegal to harass someone based on sex stereotyping (treating someone differently because they don't conform to social or traditional expectations about how a person of their sex "should" look or behave, or for doing a job that is or was usually performed by persons of a different sex).

The anti-harassment and discrimination law protects both employees and non-employees providing services in the workplace (i.e., contractors, subcontractors, vendors, and consultants).

To be considered illegal sexual harassment, the behavior must interfere with someone's work performance or create an "intimidating, hostile, or offensive work environment."

Sexual harassment can include words, signs, jokes, intimidation, physical violence, unwanted verbal or physical advances, sexually explicit or derogatory statements, and sexually discriminatory remarks that are offensive or objectionable to the recipient, cause the recipient discomfort or humiliation, or interfere with the recipient's job performance.

Remember, the complaining individual does not need to be the recipient or intended target of the harassment. Harassment is just as illegal when it's not one-on-one, but rather, has infected the workplace culture.

New York State Law

Under New York State (NYS) Labor Law, it is unlawful for an employer to discriminate or retaliate against any employee because they engaged in legally protected activity that includes:

  • complaining about the employer's actual or perceived unlawful conduct;
  • instituting a New York Labor Law proceeding;
  • providing information or participating in an investigation or proceeding related to New York Labor Law;
  • causing the employer to receive an adverse determination from the New York Department of Labor; or
  • exercising other employee rights protected by New York Labor Law.

Effective February 20, 2023, NYS law also protects employees against retaliation for using any legally protected absence from work under federal, local, or state law, including:

  • Federal Family and Medical Leave Act ("FMLA")
  • NYS and NYC Paid Sick Leave Laws
  • NYS Paid Family Leave Law

For example, when an employee qualifies for a protected absence, employers may not assess deductions from an allotted bank of time, or take other disciplinary action which may result in failure to receive a promotion or reduced pay.

New York City Law

In addition to New York State law protections, New York City (NYC) local law provides that it is an unlawful discriminatory practice for any employer to retaliate against employees or prospective employees because they:

  • opposed an unlawful discriminatory practice;
  • filed a complaint, testified, or assisted in a proceeding to enforce NYC's antidiscrimination and harassment law;
  • commenced a civil action alleging an unlawful discriminatory practice under NYC law;
  • assisted the NYC Human Rights Commission (HRC) or provided information in an investigation to enforce NYC's anti-discrimination and harassment law; or
  • requested a reasonable accommodation for their religious observance or practice.

NYC law also prohibits retaliation or discrimination in employment if it results in material changes to the terms and conditions of employment or is reasonably likely to deter someone from engaging in protected activity.