Title IX Grievance Policy

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Introduction

What is the purpose of the Title IX Grievance Policy?

Title IX of the Educational Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access our educational programs and opportunities.

On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that:

• Defines the meaning of “sexual harassment” (including forms of sex-based violence)
• Addresses how this institution must respond to reports of misconduct falling within that definition of sexual harassment, and
• Mandates a grievance process that this institution must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment.

See, 85 Fed. Reg. 30026 (May 19, 2020). The full text of the Final Rule and its extensive Preamble are available.

Based on the Final Rule, Alfred University will implement the following Title IX Grievance Policy, effective August 14, 2020.

How does the Title IX Grievance Policy impact other campus conduct policies?

In recent years, “Title IX” cases have become a short-hand for any campus conduct process involving sex  discrimination, including those arising from sexual harassment and sexual assault. But under the Final Rule, Alfred University must narrow both the geographic scope of its authority to act under Title IX and the types of “sexual harassment” that it must subject to its Title IX investigation and adjudication process. Incidents falling within the Final Rule’s definition of sexual harassment will be investigated and, if appropriate, brought to a live hearing through the Title IX Grievance Policy defined below.

Alfred University remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule.

Specifically, Alfred University has:

• A Student Conduct System that defines certain behavior as a violation of campus policy, including Alfred University’s Discrimination, Harassment and Sexual Misconduct Policy and other behaviors prohibited under Alfred University’s Student Life Policies & Procedures.
• Handbooks for Administrative and Technical Specialists, Faculty and Support Staff that incorporate the University’s Discrimination, Harassment and Sexual Misconduct Policy.

To the extent that alleged misconduct falls outside this Title IX Grievance Policy, or misconduct falling outside the Title IX Grievance Policy is discovered in the course of investigating covered Title IX misconduct, the institution retains authority to investigate and adjudicate the allegations under other appropriate University policies and procedures.

The elements established in the Title IX Grievance Policy under the Final Rule have no effect and are not transferable to any other policy of the University for any violation of the Code of Conduct, employment policies, or any civil rights violation except as narrowly defined in this Policy. This Policy does not set a precedent for other policies or processes of the University and may not be cited for or against any right or aspect of any other policy or process.

Title IX Team

Alfred University is committed to promoting a diverse, equitable, and inclusive working and learning environment free from discrimination and harassment. The Title IX Coordinator is charged with monitoring compliance with Title IX; providing education and training; and coordinating Alfred University’s response, investigation, and resolution of all reports of Prohibited Conduct under this policy. The Title IX Coordinator acts with independence and authority and oversees all resolutions under this policy free from bias and conflicts of interest. The Title IX Coordinator is available to meet with any Student, Employee, or other individual to discuss this policy or the accompanying procedures and can be contacted at:

Title IX Coordinator
Tom Johnson
[email protected]

Deputy Title IX Coordinators
Thomas Orrange, Dean of Student Experience Alfred University
1 Saxon Drive – Powell Campus Center Alfred, NY 14802
Office: 607-871-2132 or Cell: 585-502-4581
[email protected]

Deb Drain, Chief Human Resources Officer, Alfred University
1 Saxon Drive, GreeneHall Alfred, NY 14802
Office: 607-871-2909
[email protected]

Conflicts of Interest or Bias

Any individual carrying out any part of this policy shall be free from any actual conflict of interest or demonstrated bias that would impact the handling of a matter. Should the Title IX Coordinator have a conflict of interest, the Title IX Coordinator is to immediately notify the Provost and Chief Operating Office or designee who will either take, or reassign, the role of Title IX Coordinator for purposes of carrying out the handling and finalization of the matter at issue. Should any investigator, Decisionmaker, or Appeals Panel have a conflict of interest, the investigator, Decisionmaker, or Appeals Panel is to notify the Title IX Coordinator upon discovery of the conflict so that the Title IX Coordinator may reassign the role as appropriate. This policy will note where parties have the opportunity to challenge the participation of any individual implementing this policy based on actual conflict of interest or demonstrated bias.

Crime and Incident Disclosure Obligations

The Clery Act is a federal crime and incident disclosure law. It requires, among other things, that Alfred University report the number of incidents of certain crimes, including some of the Prohibited Conduct in this policy, that occur in particular campus-related locations. The Clery Act also requires Alfred University to issue a warning to the community in certain circumstances.

In the statistical disclosures and warnings to the community, Alfred University will ensure that a complainant’s name and other identifying information is not disclosed. The Title IX Coordinator will refer information to the Clery Officer or to the official or office designated by Alfred University to collect crime information when appropriate for a determination about Clery-related actions, such as disclosing crime statistics or sending campus notifications.

Coordination Among Multiple Institutions

When such conduct involves students or employees from two or more institutions, such institutions may work collaboratively to address the conduct provided that such collaboration complies with the Family Educational Rights and Privacy Act.

General Rules of Application

Effective Date

This Title IX Grievance Policy became effective on August 14, 2020, and will only apply to complaints of sexual harassment with allegations related to incidents or events that occurred on or after August 14, 2020. Complaints brought prior to August 14, 2020 will be investigated and adjudicated according to the Alfred University’s Discrimination, Harassment and Sexual Misconduct Policy if not completed by that date.

Revocation by Operation of Law

Should any portion of the Title IX Final Rule, 85 Fed. Reg. 30026 (May 19, 2020), be stayed or held invalid by a court of law, or should the Title IX Final Rule be withdrawn or modified to not require the elements of this policy, this policy, or the invalidated elements of this policy, will be deemed revoked as of the publication date of the opinion or order and for all reports after that date, as well as any elements of the process that occur after that date if a case is not complete by that date of opinion or order publication. Should the Title IX Grievance Policy be revoked in this manner, any conduct covered under the Title IX Grievance Policy shall be investigated and adjudicated under the existing Student Conduct Process.

Non-Discrimination in Application

Alfred University does not discriminate and prohibits discrimination against any individual based on any category protected under applicable federal, state, or local laws.

Accordingly, Alfred University does not discriminate, and strictly prohibits unlawful discrimination on the basis of race (including traits historically associated with race, such as hair texture and protective hairstyles), color, religion, creed, national origin, ancestry, sex (including pregnancy, childbirth, or related medical conditions), gender, gender identity or expression, age, sexual orientation, physical or mental disability, citizenship, genetic information or predisposing genetic characteristics, marital status, familial status, domestic violence victim status, caregiver status, military status, including past, current, or prospective service in the uniformed services, or any other category or characteristic protected by applicable law. When brought to the attention of Alfred University, any such discrimination will be appropriately addressed by Alfred University according to the applicable policies and procedures.

Sex Discrimination is Prohibited

Alfred University does not discriminate in its admissions practices except as permitted by law, in its employment practices, or in its educational programs or activities on the basis of sex. As a recipient of federal financial assistance for education activities, Alfred University is required by Title IX of the Education Amendments of 1972 to ensure that all of its education programs and activities do not discriminate on the basis of sex. At Alfred University, discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, gender identity, gender expression, sexual orientation, and pregnancy or related conditions. Pregnancy or related conditions include pregnancy, childbirth, termination of pregnancy, lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; and recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Alfred University also prohibits retaliation against any person opposing discrimination or participating in any discrimination investigation or complaint process, whether internal or external to the institution.

Section 504/Americans with Disabilities Act

In both practice and policy, Alfred University adheres to the requirements of the Americans with Disabilities Act of 1990, as amended 2008 (ADA); Sections 504 and 508 of the Rehabilitation Act of 1973, as amended; and all other federal and state laws and regulations prohibiting discrimination on the basis of disability. Alfred University is committed to providing individuals with disabilities equal access and opportunity, and strives in its policies and practices to provide for the full participation of individuals with disabilities in all aspects of University life.

Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point relating to the implementation of this policy, including making a disclosure or report, and initiating a grievance procedure. Accommodations will be granted if they are appropriate and do not fundamentally alter the process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the parties, even where the parties may be receiving accommodations in other Alfred University programs and activities. With the consent of the impacted student or employee, the Title IX Coordinator will work collaboratively with the appropriate personnel/office to ensure that approved reasonable accommodations (disability-related) are honored as applicable throughout any process related to this policy.                                                   

Definitions

Covered Sexual Harassment

For the purposes of this Title IX Grievance Policy, “covered sexual harassment” includes any conduct on the basis of sex that satisfies one or more of the following:

1. An employee conditioning educational aid, benefits or services on participation in unwelcome sexual conduct (i.e., quid pro quo);
2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity;
3. Sexual assault (as defined in the Clery Act), which includes any sexual act, including attempted acts, directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving affirmative consent. Sexual assault consists of the following specific acts:         
   1. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim;                             
   2. Sodomy: The use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly against the person’s will in circumstance in which the Complainant in incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
   3. Sexual contact: The intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation. The forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This offense includes instances where the victim is incapable of giving consent because of age or incapacity due to temporary or permanent mental or physical impairment or intoxication.
   4. Statutory Rape: Non-forcible sexual intercourse with a person who is under the age of 17.
4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person:
   1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
   2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
      1. The length of the relationship;
      2. The type of relationship;
      3. The frequency of interaction between the persons involved in the relationship.
5. Domestic violence (as defined in the VAWA amendments to the Clery Act), means 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 New York State’s domestic or family violence laws 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 New York State.
6. Stalking (as defined in the VAWA amendments to the Clery Act),meaning engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to:
   1. fear for their safety or the safety of others; or
   2. suffer substantial emotional distress.

Consent for the purposes of this Title IX Grievance Policy, “consent” or “affirmative consent” means 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 the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.

Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent may be initially given but withdrawn at any time.

Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. 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.

Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. When consent is withdrawn or can no longer be given, sexual activity must stop.

Coercion is intimidation or conduct that would compel an individual to do something against their will by:

1. Expressed or implied threats of physical, emotional, property, or reputational harm, or
2. Ressure that would cause a reasonable person to fear such harm.

Coercion is more than an effort to persuade or attract another person to engage in sexual activity. In assessing whether coercion was used, the frequency, duration, and intensity of the pressure applied will be taken into consideration.

Confidentiality may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to Alfred University officials, in a manner consistent with State and Federal law, including but not limited to 20 U.S.C. 1092(f) and 20 U.S.C. 1681(a). Licensed mental health counselors and medical providers are examples of Alfred University employees who may offer confidentiality.

Days or “business days” refer to business days when Alfred University is in normal operation

Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats and intimidation (implied threats) that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” “Okay, don’t hit me, I’ll do what you want.”). Sexual activity that is forced is, by definition, non-consensual, but nonconsensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent.

Preponderance of the Evidence is the standard of proof in sexual and interpersonal violence cases, which asks whether it is “more likely than not” that the violence occurred. If the evidence presented meets this standard, then the accused/respondent should be found responsible.

Privacy may be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with this Policy, the Student Code of Conduct and other relevant student and employee policies, and other applicable laws, including informing appropriate University officials.

Retaliation is attempted or actual adverse action against another person for reporting a violation or for participating in any way in the investigation or conduct process. Retaliation includes harassment and intimidation, including but not limited to violence, threats of violence, property destruction, adverse educational or employment consequences, and bullying.

Sexual Activity shall have the same meaning as “sexual act” and “sexual contact” and is defined as:

1. Contact between the penis and the vulva or the penis and the anus, and involving the penis occurs upon penetration, however slight;
2. Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
3. The penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
4. The intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
5. The intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

Amnesty

The health and safety of every student at Alfred University is of utmost importance. Alfred University realizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that sexual harassment or violence, including but not limited to domestic violence, dating violence, stalking or sexual assault, occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Alfred University strongly encourages students to report sexual harassment, domestic violence, dating violence, stalking, or sexual assault to university officials. bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of sexual harassment, domestic violence, dating violence, stalking or sexual assault to Alfred University officials or law enforcement will not be subject to the University's conduct of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the sexual harassment, domestic violence, dating violence, stalking or sexual assault.

Education Program or Activity

For the purposes of this Title IX Grievance Policy, Alfred University “education program or activity” includes:

1. Any on-campus premises;
2. Any off-campus premises that Alfred University has substantial control over. This includes buildings or property owned or controlled by a recognized student organization;
3. Off-campus university-sponsored events;
4. Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of Alfred University’s programs and activities over which Alfred University has substantial control.

Formal Complaint

For the purposes of this Title IX Grievance Policy, “formal complaint” means a document – including an electronic submission - filed by a complainant with a signature or other indication that the complainant is the person filing the formal complaint, or signed by the Title IX Coordinator, alleging sexual harassment against a respondent about conduct within Alfred University’s education program or activity and requesting initiation of the procedures consistent with the Title IX Grievance Policy to investigate the allegation of sexual harassment.

Complainant

Forthe purposes of this Title IX Grievance Policy, Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute covered sexual harassment as defined under this policy.

Respondent

For the purposes of this Title IX Grievance policy, Respondent means any individual who has been reported to be the perpetrator of conduct that could constitute covered sexual harassment as defined under this policy.

Relevant Evidence and Questions

“Relevant” evidence and questions refer to any questions and evidence that tends to make an allegation of sexual harassment more or less likely to be true.

“Relevant” evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of the Title IX Grievance Process:

1. Evidence and questions about the complainant’ssexual predisposition or prior sexual behavior unless:
   1. They are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
   2. They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. 34 C.F.R. § 106.45(6)(i).
2. Evidence and questions that constitute, or seek disclosure of, information protected under a legally recognized privilege.
3. Any party’s medical, psychological, and similar records unless the party has given voluntary, written consent. 85 Fed. Reg. 30026, 30294 (May 19, 2020).

Privacy vs. Confidentiality

Consistent with Alfred University’s Student Conduct Process, references made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean Alfred University offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator, who is responsible for tracking patterns and spotting systemic issues. Alfred University will limit the disclosure as much as practicable, even if the Title IX Coordinator or a Deputy Title IX Coordinator determines that the request for confidentiality cannot be honored.

Under this Policy, complainants, respondents, and their advisors of choice are entitled to receive all evidence gathered in connection with allegations in a formal complaint, including witness statements and notes of interviews, investigation reports and final determinations and any sanctions imposed on a respondent found responsible for a violation of this Policy.

Nothing in this policy prohibits parties from discussing or disclosing the outcome of the matter, consistent with the prohibition on retaliation.

Advisor of Choice and Participation of Advisor of Choice

Alfred University will provide both parties equal access to advisors or support persons; any restrictions on advisor or a support person participation will be applied equally.

Alfred University has a long-standing practice of requiring students to participate in the process directly and not through an advocate or representative. Students participating as Complainant or Respondent in this process may be accompanied by an Advisor of Choice to any meeting or hearing to which they are required or are eligible to attend. Except where explicitly stated by this Policy, as consistent with the Final Rule, Advisors of Choice shall not participate directly in the process as per standard policy and practice of Alfred University.

Alfred University will not intentionally schedule meetings or hearings on dates where the Advisors of Choice for either party are not available, provided that the Advisors act reasonably in providing available dates and work collegially to find dates and times that meet all schedules.

Alfred University’s obligations to investigate and adjudicate in a prompt timeframe under Title IX and other college policies apply to matters governed under this Policy, and Alfred University cannot agree to extensive delays solely to accommodate the schedule of an Advisor of Choice. The determination of what is reasonable shall be made by the Title IX Coordinator or a Deputy Title IX Coordinator. Alfred University will not be obligated to delay a meeting or hearing under this process more than five (5) days due to the unavailability of an Advisor of Choice and may offer the party the opportunity to obtain a different Advisor of choice and, when pertaining to a hearing, utilize one provided by Alfred University.

Making a Report Regarding Covered Sexual Harassment to the Institution

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator or a Deputy Title IX Coordinator, or by any other means that results in the Title IX Coordinator or a Deputy Title IX Coordinator receiving the person’s verbal or written report.

Contact Information for the Title IX Coordinator or a Deputy Title IX Coordinator:

Title IX Coordinator
Tom Johnson
[email protected]

Deputy Title IX Coordinators:
Thomas Orrange, Dean of Student Experience, Alfred University
1 Saxon Drive – Powell Campus Center Alfred, NY 14802
Office: 607-871-2132 or Cell: 585-502-4581
[email protected]

Deb Drain, Chief Human Resources Officer, Alfred University
1 Saxon Drive, GreeneHall Alfred, NY 14802
Office: 607-871-2909
[email protected]

Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator or a Deputy Title IX Coordinator. Reports can also be made by visiting the online reporting link.

Confidential Reporting

The following Officials may provide confidentiality:

• Wellness Center – Health Services 607-871-2400
• Wellness Center – Counseling Services 607-871-2300
• University Ombudsperson(s) are designed confidential under this policy

Designation as a confidential resource under this policy only exempts such individuals from disclosure to the Title IX Coordinator. It does not affect other mandatory reporting obligations under state child abuse reporting laws, the Clery Act as a campus security authority, or other laws that require reporting to campus or local law enforcement.

Local agencies that individuals can report to anonymously and confidentially include:

Connecting Communities in Action – 1-888-945-9370

Anonymous reporting to Confidential Hotlines for students and employees provided by New York agencies and not-for-profit entities:     

• NYS Office of Victim Services: 1-800-247-8035 Note: Information regarding STIs, forensic exams, and resources available through the NYS Office of Victim Services
• New York State Domestic and Sexual Violence Hotline: 1-800-942-6906
• Equinox Hotline: 518-432-7865
• Unity House Hotline: 518-272-2370
• The National Domestic Violence Hotline: 1-800-799-7233
• The National Sexual Assault Hotline: 1-800-656-4673
• Safe Horizon Hotlines: 800-621-4673 (domestic violence), 866-689-4357 (victims of other crimes, 1-212-227-3000 (rape & sexual assault victims)

Supportive Measures

Supportive measures are measures offered by the University that are intended to restore or preserve, to the extent practicable, equal access to the University’s educational programs and activities and protect the safety of all parties without unreasonably burdening any other party.

Complainants (as defined above), who report allegations that could constitute covered sexual harassment under this policy, have the right to receive supportive measures from Alfred University regardless of whether they desire to file a formal complaint.

Once a respondent is informed of a report or formal complaint, the respondent will be contacted by a Title IX Coordinator or Deputy Title IX Coordinator and offered supportive measures from Alfred University.

Supportive Measures may include, but not be limited to:

• assistance seeking counseling
• extensions of deadlines or other course-related adjustments
• modifications of work or class schedules
• changes in housing accommodations
• campus escort services
• restrictions on contact between the parties (no contact orders)
• changes in work or housing locations
• leaves of absence
• increased security and monitoring of certain areas of the campus

Supportive measures are non-conduct action and non-punitive. The Title IX Coordinator or Deputy Title IX Coordinator who discusses the availability of supportive measures with a party will be responsible for coordinating the implementation of the supportive measures within the University.

Emergency Removal

Alfred University retains the authority to remove a respondent from Alfred University program or activity on an emergency basis, where Alfred University:

1. undertakes an individualized safety and risk analysis; and
2. determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of covered sexual harassment justifies a removal.

If Alfred University determines such removal is necessary, the respondent will be provided notice and an opportunity to challenge the decision immediately following the removal. The respondent may challenge the decision immediately following the removal, by notifying the Title IX Coordinator in writing. The University will designate an impartial individual, not otherwise involved in the case, to consider the challenge to the removal and determine if the emergency removal was reasonable.

Administrative Leave

Alfred University retains the authority to place a non-student employee respondent on administrative leave during the Title IX Grievance Process, consistent with guidelines outlined in the relevant employee handbook.

Responding to a Report

Initial Contact

Following receipt of a report alleging a potential violation of this policy, the Title IX Coordinator will contact the complainant to offer a meeting with the Title IX Coordinator for an initial intake and assessment meeting, and will provide the following:

• An invitation to meet to offer assistance and explain their rights, resources, and options under this policy;
• Access to this policy;
• Information regarding available campus and community resources for counseling, health care, mental health, or victim advocacy. Upon request, information regarding legal assistance, visa and immigration assistance, student financial aid and other available services may be provided;
• The availability of Supportive Measures regardless of whether a formal complaint is filed and/or any resolution is initiated;
• The options for resolution (no action, prevention, agreement, investigation) and how to initiate such resolution processes;
• The right to notify law enforcement as well as the right not to notify law enforcement;
• The importance of preserving evidence and, in the case of potential criminal misconduct, how to get assistance from Public Safety or local law enforcement in preserving evidence;
• The right to bring an advisor of choice, if applicable, during Alfred University proceedings under this policy including the initial meeting with the Title IX Coordinator
• A statement that retaliation for filing a formal complaint, or for participating in any way in the complaint procedures found in this Policy is prohibited.
• Information on how to initiate the Investigation or Resolution-Based Agreement process.
• Ensure that the Complainant receives a written explanation of all available resources and options and is offered the opportunity to meet and discuss the resources and options, including information about STI’s, forensic exams, and resources available through NYS Office of Victim Services.

Initial Intake & Assessment

The Initial Assessment process seeks to gather information about the nature and circumstances of the report to determine whether this policy applies to the report and, if so, which resolution process may be appropriate, as well as which section of the grievance procedures apply based on the conduct and the status of the parties. The Title IX Coordinator may also determine that the provision of supportive measures only is the appropriate response under the policy. The initial assessment is not a finding of fact or responsibility. If the individual bringing forward the complaint report is not the actual complainant, the Title IX Coordinator will limit communication to general information on policies and processes.

Should the complainant wish to file a formal complaint, the Title IX Coordinator will determine whether this policy applies.The Title IX Coordinator will communicate to the complainant this determination. If the information provided does not suggest a potential violation of this policy, the Title IX Coordinator will provide the complainant written notice that the matter is being referred for handling under a different policy, and/or to another appropriate office for handling.

Filing a Formal Complaint

The timeframe for the Title IX Grievance Process begins with the filing of a Formal Complaint. The Grievance Process will be concluded in a reasonably prompt manner. The University will attempt to complete the Grievance Process in no longer than ninety (90) business days after the filing of the Formal Complaint, provided that the Process may be extended for a good reason, including but not limited to the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. The procedure for applying for extensions is described below.

To file a Formal Complaint, a complainant must provide the Title IX Coordinator or a Deputy Title IX Coordinator a written, signed complaint describing the facts alleged. Complainants are only able to file a Formal Complaint under this Policy if they are currently participating in, or attempting to participate in, the education programs or activities of Alfred University, including as an employee. For complainants who do not meet this criterion, the University may use other relevant polices and procedures to resolve their complaints.

If a complainant does not wish to make a Formal Complaint, the Title IX Coordinator may determine a Formal Complaint is necessary. Alfred University will inform the complainant of this decision in writing, and the complainant need not participate in the process further. The determination by the Title IX Coordinator to sign a formal complaint will include:

• Whether the accused has a history of violent behavior or is a repeat offender;
• Whether the incidents represent an escalation on the part of the person accused;
• Whether the accused used a weapon or force;
• Whether available information reveals a pattern of perpetration at a given location by a particular group;
• Whether the impacted person is a minor

Nothing in the Title IX Grievance Policy prevents a complainant from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process.

The institution may consolidate Formal Complaints alleging covered sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of covered sexual harassment arise out of the same facts or circumstances.

Mandatory Dismissal

Alfred University must dismiss a formal complaint or any allegations therein if, at any time, during the investigation or hearing,
it is determined that:

1. The conduct alleged in the formal complaint would not constitute sexual harassment as defined in the Policy above, even if proved; and/or
2. The conduct did not occur in an educational program or activity controlled by Alfred University (including buildings or property controlled by recognized student organizations), and/or Alfred University does not have control of the
   Respondent; and/or
3. The conduct did not occur against a person in the United States; and/or
4. At the time of filing a formal complaint, a Complainant is not participating in or attempting to participate in the education program or activity of Alfred University.

If any one of these elements are not met, the Title IX Coordinator or a Deputy Title IX Coordinator will notify the parties that the Formal Complaint is being dismissed for the purposes of the Title IX Grievance Policy. Each party may appeal this dismissal using the procedure outlined in “Appeals,” below.

Discretionary Dismissal

The Title IX Coordinator or a Deputy Title IX Coordinator may dismiss a Formal Complaint brought under the Title IX Grievance Policy, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if:

• A complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint, or any allegations raised in the Formal Complaint;
• The respondent is no longer enrolled or employed by Alfred University; or,
• If specific circumstances prevent Alfred University from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.

Any party may appeal a dismissal determination using the process set forth in “Appeals,” below.

Notice of Dismissal

Upon reaching a decision that the Formal Complaint will be dismissed, Alfred University will promptly send written notice of the dismissal of the Formal Complaint or any specific allegation within the Formal Complaint, and the reason for the dismissal, to the complainant in writing. If the dismissal occurs after the respondent has been notified of the allegations, then both parties will be notified simultaneously in writing.

Upon dismissal for the purposes of Title IX, Alfred University retains discretion to utilize other relevant university policies to resolve the allegations contained in the formal complaint. If Alfred University intends to utilize other relevant university policies to resolve the allegations, that information will be contained in the notification.

Alfred University will notify the complainant that a dismissal may be appealed on the basis outlined in the Appeals section. If dismissal occurs after the respondent has been notified of the allegations, then Alfred University will also notify the respondent that the dismissal may be appealed on the same basis. If a dismissal is appealed, Alfred University will follow the procedures outlined in the Appeals section of these procedures.

When a formal complaint is dismissed, the University will, at a minimum:

• Offer supportive measures to the complainant as appropriate;
• If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and,
• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that prohibited conduct does not continue or recur within Alfred Univeristy’s education program or activity.

A complainant who decides to withdraw a complaint or any portion of it may later request to reinstate it or refile it.

Referrals for Other Misconduct

Alfred University has the discretion to refer complaints or reports of misconduct not covered by this policy for handling under any other applicable Alfred University policy or code. As part of any such referral for further handling, Alfred University may use evidence already gathered through any process covered by this policy.

Should there be a conflict between the provision of this policy and other Alfred University policies, procedures, rules, regulations, or terms or conditions of employment, the provisions of this policy will govern unless specifically stated otherwise.

This policy and these procedures are separate from Alfred University’sstudent disciplinary processes, by which the University may bring a disciplinary charge against a student for violating Alfred University policy according to the provisions found in Alfred University’s Student Handbook

Consolidation of Cases

Alfred University may consolidate reports under this policy as appropriate: for example, if there are multiple reports where the allegations of Prohibited Conduct arise out of the same facts or circumstances, or there are multiple reports with overlapping parties.

Alfred University also reserves the right to use this policy to adjudicate other allegations and conduct charges as defined by policies outside of the scope of this policy in instances when the conduct is associated with an alleged issue of Prohibited Conduct under this policy. The Title IX Coordinator will address these consolidated matters in collaboration and coordination with other appropriate offices, such as Student Conduct and Human Resources. nAllegations of a violation of a separate policy are not required to be handled using the procedural requirements set forth in this policy.

Options for Resolution

There are multiple ways to resolve a report of Prohibited Conduct. Whenever possible, Alfred University will utilize the resolution method chosen by the complainant. During the resolution of a report, the Title IX Coordinator will determine whether to implement reasonable supportive measures designed to assist all parties (complainants and respondents) and community members in maintaining access to and participation in Alfred University programs, services and activities during the resolution of the complaint.

This section includes information on Support-Based Resolution, Agreement-Based Resolution, and the Investigation and Decision making process.

Support-Based Resolution

A formal complaint is not required for a support-based resolution. A support-based resolution is an option for a complainant who does not wish Alfred University to take any further steps to address their concern, and when the Title IX Coordinator determines that another form of resolution, or further action, is not required. Some types of support that may be appropriate include: adjustments or changes to class schedules; moving from one residence hall room to another; adjusted deadlines for projects or assignments; adjustments to work schedule or arrangements; escorts to and around campus; or counseling.

A support-based resolution does not preclude later use of another form of resolution, for example if new information becomes available to Alfred University and the Title IX Coordinator determines there is need for additional steps to be taken, or the complainant later decides to pursue a formal complaint. 

Agreement-Based Resolution

A formal complaint is required for Agreement-Based Resolution. Agreement-ased Resolution is not available to resolve a student Complainant’s allegation that an employee has engaged in Title IX Prohibited Conduct.

Agreement-Based Resolution is an alternative to the investigation and decision-making procedures where the Parties each voluntarily agree to resolve the formal complaint in a way that does not include any finding of responsibility. AgreementBased Resolution is a voluntary, structured interaction between or among affected parties that balances support and accountability. If Alfred University offers Agreement-Based Resolution to the parties, and they voluntarily consent to engage in that process, the Title IX Coordinator must still take other prompt and effective steps as needed to ensure that Prohibited Conduct does not continue or recur within the education program or activity.

Any party may design a proposed agreement between the parties. The Title IX Coordinator must approve of the use of the Agreement-Based Resolution process and approve the final agreement between the parties. Agreement-Based Resolution may be initiated at any time prior to the release of the final determination. Agreement-Based Resolution does not result in a determination about whether the alleged Prohibited Conduct occurred.

The Title IX Coordinator has the discretion to determine that Agreement-Based Resolution is not an appropriate way to address the reported conduct, and that the matter must instead be resolved through the Investigation or Investigation and Hearing process, including the hearing procedures for Title IX Prohibited Conduct.

Initiating the Agreement-Based Resolution Process

Prior to the initiation of Agreement-Based Resolution, the Title IX Coordinator will provide the Parties written notice that includes:

• The specific allegation and the specific conduct that is alleged to have occurred;
• The requirements of the Agreement-Based Resolution process;
• Any consequences resulting from participating in the Agreement-Based Resolution process, including the records that will be maintained or could be shared, and whether Alfred University could disclose such information for use in a future Alfred University grievance process, including an investigation and resolution process arising from the same or different allegations, as may be appropriate.
• Notice that an agreement resulting from the Agreement-Based Resolution process is binding only on the parties and is not subject to appeal.
• Notice that once the Agreement is finalized and signed by the Parties, they cannot initiate or continue an investigation procedure arising from the same allegations.
• A statement indicating that the decision to participate in the Agreement-Based Resolution process does not presume that the conduct at issue has occurred.
• A statement that the respondent is presumed not responsible for violating this policy, unless respondent admits to violations of this policy;
• An explanation that all parties may be accompanied by an advisor of their choice, who may be a parent, colleague, friend, or attorney;
• A statement that any party has the right to withdraw from the Agreement-Based Resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;
• The date and time of the initial meeting with staff or the Title IX Coordinator, with a minimum of 3 days’ notice;
• Information regarding Supportive Measures, which are available equally to the parties; and
• The potential terms that may be requested or offered in an Agreement-Based Resolution agreement.

Facilitating an Agreement

If all Parties are willing to explore Agreement-Based Resolution, the Title IX Coordinator will then meet separately with each party to discuss the Agreement-Based Resolution process and facilitate an agreement. If an agreement cannot be reached, either because the Parties do not agree, determine they no longer wish to participate in the Agreement-Based Resolution process, or the Title IX Coordinator does not believe that the terms of the agreement or continuing the Agreement-Based Resolution process is appropriate, the Title IX Coordinator may decide that the reported conduct will instead be addressed through the investigation or investigation and hearing process. The Title IX Coordinator will inform the Parties of such decision, in writing.

Agreement-Based Resolution processes are managed by facilitators who do not have a conflict of interest or bias in favor of or against complainants or respondents generally or regarding the specific parties in the matter. The Title IX Coordinator may serve as the facilitator, subject to these restrictions. The investigator or Decisionmaker for the matter may not facilitate an Agreement-Based Resolution in that same matter.

Any party may craft or create the terms of their agreement and will be asked for their suggestions or ideas. Examples of agreements may include but are not limited to:

• an agreement that the respondent will change classes or housing assignments;
• an agreement that the Parties will not communicate or otherwise engage with one another;
• an agreement that the Parties will not contact one another;
• completion of a training or educational project by the respondent;
• completion of a community service project by the respondent;
• an agreement to engage in a restorative justice process or facilitated dialogue; and/or
• discipline agreed upon by all parties.

In order to facilitate Agreement-Based Resolution, information shared by any party will not be used in any related resolution process of the same complaint under this policy. No evidence concerning the allegations obtained within the Agreement Based Resolution process may be disseminated to any outside person, provided that any party to the Agreement-Based Resolution process may generally discuss the allegations under investigation with a parent, advisor, or other source of emotional support, or with an advocacy organization. An admission of responsibility made during an Agreement-Based Resolution process, however, may not be incorporated into the investigation and adjudication proceeding.

Finalizing the Resolution Agreement

Once the final terms of the Resolution Agreement have been agreed upon by all parties, in writing, and approved by the Title IX Coordinator, the matter will be considered closed, and no further action will be taken. Once signed, no appeal is permitted. The Agreement-Based Resolution process is generally expected to be completed within thirty (30) days and may be extended by the Title IX Coordinator as appropriate. All parties will be notified, in writing, of any extension and the reason for the extension.

Records of an Agreement-Based Resolution process can be shared with other offices as appropriate.

Any violations of the terms of the Resolution Agreement may result in disciplinary action.

Investigation and Decision-Making Process

Notice of Allegations

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

The parties will be notified by their institutional email accounts if they are a student or employee, and by other reasonable means if they are neither.

The institution will provide sufficient time for the parties to review the Notice of Allegations and prepare a response before any initial interview.

The Title IX Coordinator may determine that the Formal Complaint must be dismissed on the mandatory grounds identified above and will issue a Notice of Dismissal. If such a determination is made, any party to the allegations of sexual harassment identified in the Formal Complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations.

Both parties may appeal Notices of Dismissal using the appeal process described in this Policy.

Contents of Notice

The Notice of Allegations will include the following:

• Notice of the institution’s Title IX Grievance Process and a hyperlink to a copy of the process.
• Notice of the allegations potentially constituting covered sexual harassment, and sufficient details known at the time the Notice is issued,such as the identities of the parties involved in the incident, if known, including the complainant; the conduct allegedly constituting covered sexual
  harassment; and the time, date, and location of the alleged incident, if known.
• A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
• A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney, as required under 34 C.F.R. § 106.45(b)(5)(iv);
• A statement that before the conclusion of the investigation, the parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the institution does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source, as required under 34 C.F.R. § 106.45(b)(5)(vi);

Ongoing Notice

If, in the course of an investigation, the institution decides to investigate allegations about the complainant or respondent that are not included in the Notice of Allegations and are otherwise covered "sexual harassment” falling within the Title IX Grievance Policy, the institution will notify the parties whose identities are known of the additional allegations by their institutional email accounts or other reasonable means.

The parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional charges.

Notice of Meetings and Interviews

Alfred University will provide, to a party whose participation is invited or expected and such party’s advisor, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings with a party, with sufficient time for the party to prepare to participate.

Delays

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

For example, a request to take a five-day pause made an hour before a hearing for which multiple parties and their advisors have traveled to and prepared shall generally not be granted, while a request for a five-day pause in the middle of investigation interviews to allow a party to obtain certain documentary evidence shall generally be granted.

Alfred University may delay its process if a law enforcement agency requests that the University delay its process for a reasonable amount of time to allow law enforcement to gather evidence of criminal misconduct. These temporary delays should not last more than 10 days, except when law enforcement specifically requests and justifies a longer delay. Criminal or
legal proceedings are separate from the processes in this policy and do not determine whether this policy has been violated.

The Title IX Coordinator or a Deputy Title IX Coordinator shall have the sole judgment to grant further pauses in the Process.

General Rules of Investigations

An investigator designated by the Title IX Coordinator, or a Deputy Title IX Coordinator will perform an investigation under a reasonably prompt timeframe of the conduct alleged to constitute covered sexual harassment after issuing the Notice of Allegations.

Alfred University and not the parties, has the burden of proof and the burden of gathering evidence, i.e.,the responsibility of showing a violation of this Policy has occurred. This burden does not rest with either party, and either party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from Alfred University and does not indicate responsibility.

Alfred University cannot access, consider, or disclose medical records without a waiver from the party (or parent, if applicable) to whom the records belong or of whom the records include information. Alfred University will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e., evidence that tends to prove and disprove the allegations) as described below.

Inspection and Review of Evidence

Prior to the completion of the investigation, the parties and their respective advisor will have an equal opportunity to inspect and review the evidence obtained through the investigation.

The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation.

Evidence that will be available for inspection and review by the parties will be any evidence that is directly related to the allegations raised in the Formal Complaint. It will include any:

1. Evidence that is relevant, even if that evidence does not end up being relied upon by the institution in making a determination regarding responsibility.
2. Inculpatory or exculpatory evidence (i.e., evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a party or other source.

All parties must submit any evidence they would like the investigators to consider prior to when the parties’ time to inspect and review evidence begins. See, 85 Fed. Reg. 30026, 30307 (May 19, 2020).

The institution will send the evidence made available for each party and each party’s advisor, if any, to inspect and review through an electronic format. Alfred University is not under an obligation to use any specific process or technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access.

Given the sensitive nature of the information provided, Alfred University will facilitate this review in a secure manner. Neither the parties nor their advisors may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided. Any student or employee who fails to abide by this may be subject to discipline. Any Advisor who fails to abide by this may be subject to discipline or may be excluded from further participation in the process

The parties will have ten (10) business days to inspect and review the evidence and submit a written response by email to the investigators. The investigators will consider the parties’ written responses before completing the Investigative Report.

Any evidence subject to inspection and review will be available at any hearing, including for purposes of cross-examination.

Inclusion of Evidence Not Directly Related to the Allegations

Evidence obtained in the investigation that is determined in the reasoned judgment of the investigator not to be directly related to the allegations in the Formal Complaint may be summarized in the appendices to the investigative report based on the judgment of the investigator.

Investigative Report

The investigators designated by the Title IX Coordinator will create an Investigative Report that fairly summarizes relevant evidence, will and provide that Report to the parties and their respective advisor at least ten (10) business days prior the hearing in an electronic format for each party’s review and written response.

The Investigative Report is not intended to catalog all evidence obtained by the investigators, but only to provide a fair summary of that evidence. Only relevant evidence (including both inculpatory and exculpatory – i.e., tending to prove and disprove the allegations - relevant evidence) will be referenced in the Investigative Report.

The investigator may redact irrelevant or unrelated information from the Investigative Report when that information is contained in documents or evidence that is/are otherwise relevant. See, 85 Fed. Reg. 30026, 30304 (May 19, 2020).

The Parties may choose to provide a written response to the investigative report, which must be submitted at least five (5) business days prior to the start of the hearing. The response may consist of a written statement not to exceed 2500 words. If a party has objections to evidence included or excluded from the investigation report, it should be included in this response as well. New evidence or rebuttal evidence will not be considered at this time. The Chair will review the objections to relevance and at least 48 hours prior to the hearing will issue a decision regarding whether to include or exclude the evidence in question. The Chair will ensure any evidence deemed newly relevant at this time is shared with both parties.

Notice of Hearing

No less than ten (10) business days prior to the hearing, the Title IX Coordinator will send notice of the hearing to the parties.Once mailed, emailed, or received in-person, notice will be presumptively delivered. The notice will contain:

• A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable hearing procedures, and a statement of the potential sanctions/responsive actions that could result.
• The time, date, and location of the hearing.
• Description of any technology that will be used to facilitate the hearing
• Information about the option for the live hearing to occur with the parties located in separate rooms using technology that enables the Decision-maker(s) and parties to see and hear a party or witness answering questions. Such a request must be raised with the Title IX Coordinator at least five (5) business days prior to the hearing.
• A list of all those who will attend the hearing, along with an invitation  to object to any Decision-maker(s) on the basis of demonstrated bias or conflict of interest. This must be raised with the Title IX Coordinator at least five (5) business days prior to the hearing.
• Information on how the hearing will be recorded and on access to the recording for the parties after the hearing.
• A statement that if any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence. For compelling reasons, the Chair may reschedule the hearing in their discretion.
• Notification that the parties may have the assistance of an Advisor of their choosing at the hearing and will be required to have one present for any questions they may desire to ask. The party must notify the Title IX Coordinator if they do not have an Advisor, and Alfred University will appoint one. Each party must have an Advisor present. There are no exceptions.
• A copy of all the materials provided to the Decision-maker(s) about the matter, unless they have been provided already.
• An invitation to each party to submit to the Chair an impact statement pre-hearing that the Decision-maker(s) will review during any sanction determination.
• An invitation to request a pre-hearing meeting with the Chair to review the hearing protocol with an Advisor present
• An invitation to contact the Title IX Coordinator to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, at least seven (7) business days prior to the hearing.
• Whether parties can/cannot bring mobile phones/devices into the hearing.

General Rules of Hearings

Alfred University will not issue a conduct sanction arising from an allegation of covered sexual harassment without holding a live hearing and the decision-maker making a determination of responsibility of the respondent for a violation of this Policy or any other violation of university policy.

The live hearing may be conducted with all parties physically present in the same geographic location, or, at Alfred University’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually through an online meeting platform. This technology will enable participants to see and hear each other simultaneously. At its discretion, Alfred University may delay or adjourn a hearing based on technological errors that are not within a party’s control.

All proceedings will be recorded through audio recording. That recording will be made available to the parties for inspection and review by appointment with the Title IX Coordinator or a Deputy Coordinator.

When obtaining access to any evidence,the University will rely on the good judgment of its students, employees and their advisors to keep the testimony of others or evidence confidential except for purposes related to the grievance process under this Policy.

Continuances or Granting Extensions

Alfred University may determine that multiple sessions or a continuance (i.e., a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, Alfred University will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable. Newly discovered Evidence As a general rule, no new evidence or witnesses may be submitted during the live hearing.

Newly discovered Evidence

As a general rule, no new evidence or witnesses may be submitted during the live hearing.If a party identifies new evidence or witnesses that were not reasonably available prior to the live hearing and could affect the outcome of the matter, the party may request that such evidence or witnesses be considered at the live hearing.

The Decision-Maker will consider this request and make a determination regarding:

• whether such evidence or witness testimony was actually unavailable by reasonable effort prior to the hearing, and
• whether such evidence or witness testimony could affect the outcome of the matter. The party offering the newly discovered evidence or witness has the burden of establishing these questions by the preponderance of the evidence.

If the Decision-Maker answers in the affirmative to both questions, then the parties will be granted a reasonable pause in the hearing to review the evidence or prepare for questioning of the witness.
Alternatively, should the newly discovered evidence require additional fact-gathering, the DecisionMaker may send the case back to the investigator for any further investigation as may be required. In this case, the investigator will issue an amended Investigation Report, to which the Parties shall have an opportunity to respond. Depending on the amount of new evidence, Alfred University may shorten the second review and response period, as determined by the Title IX Coordinator. The mended Investigation Report, along with any response(s), shall then be provided to the Parties, their Advisor, and to the Decision-Maker.

Participants in the live hearing

Live hearings are not public, and generally, the only individuals permitted to participate in the hearing are as follows:

Complainant and Respondent (The Parties)

• The parties cannot waive the right to a live hearing.
• The institution may still proceed with the live hearing in the absence of a party and may reach a determination of responsibility in their absence
• Any party or witness may choose not to offer evidence and/or answer questions at the hearing, either because they do not attend the hearing, or because they attend but refuse to participant in some or all questioning
• Alfred University will not threaten, coerce, intimidate or discriminate against the party in an attempt to secure the party’s participation. See 34 C.F.R. § 106.71; see also 85 Fed. Reg. 30026, 30216 (May 19, 2020).
• The decision-makers cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing or refusal to answer cross examination or other questions. See 34 C.F.R. §106.45(b)(6)(i).

The Decision-Maker(s)

• The decision-maker(s) may be an internal or externally trained individual(s) who is appointed by the Title IX Coordinator or Deputy Title IX Coordinator.
• The Title IX Coordinator or Deputy Title IX Coordinator may appoint one or three individuals to a case. In circumstances where there are three decision-makers, the Title IX Coordinator or Deputy Title IX Coordinator will appoint one decision-maker as the Chair of the hearing.
• At the Chair’s discretion or at the request of a party, pre-hearing meetings may be scheduled with their advisor to explain the hearing protocol.
• No decision-maker will also have served as the Title IX Coordinator, Title IX investigators, or advisor to any party in the case, nor may any member of the hearing body serve on the appeals body in the case.
• No decision-maker will have a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
• A decision-maker will be trained on topics including how to serve impartially, issues of relevance, including how to apply the rape shield protections provided for complainants, and any technology to be used at the hearing.
• The parties will have an opportunity to raise any objections regarding a decision-maker’s actual or perceived conflicts of interest or bias prior to the live hearing. To challenge the appointment of a decision-maker in advance of the hearing, a party must submit a written statement detailing the rationale for the objection to the Title IX Coordinator no later than five business days prior to the hearing. The Title IX Coordinator will only remove a Decision- maker if they conclude that there is a bias or conflict of interest that precludes an impartial hearing of the allegation(s).
• At the live hearing, parties may have the opportunity for challenge or recusal of a Decision- Maker on the basis of bias or conflict of interest. The Chair of the hearing will rule on any such challenge unless the Chair is the individual who is the subject of the challenge, in which case the Title IX Coordinator will review and decide the challenge.

Advisor of Choice

• The parties have the right to select an advisor of their choice, who may be, but does not have to be, an attorney.
• The advisor’s role is limited to consulting with their advisee and cross-examining the other party.
• The advisor of choice may accompany the parties to any meeting or hearing they are permitted to attend, but may not speak for the party, except for the purpose of cross- examination.
• An advisor’s questioning of the other party and any witness must be conducted in a respectful and non-abusive manner. If the decision-maker determines that an advisor’s behavior is not proper, the advisor may be required to leave the hearing and the hearing will either proceed with a university-appointed advisor to conduct questioning on behalf of the party or will be adjourned temporarily until another advisor can be present.
• The parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a party does not select an advisor, the institution will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at no fee or charge to the party.
• The advisor is not prohibited from having a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
• The advisor is not prohibited from being a witness in the matter.
• If a party does not attend the live hearing, the party’s advisor may appear and conduct cross-examination on their behalf. 85 Fed. Reg. 30026, 30340 (May 19, 2020).
• If neither a party nor their advisor appears at the hearing, Alfred University will provide an advisor to appear on behalf of the non-appearing party solely for the purpose of conducting questioning on behalf of that party as provided in this Policy. See, 85 Fed. Reg. 30026, 30339-40 (May 19, 2020).

Witnesses

• Witnesses cannot be compelled to participate in the live hearing and have the right not to participate in the hearing free from retaliation. See, 85 Fed. Reg. 30026, 30360 (May 19, 2020).

Hearing Procedures

For all live hearings conducted under this Title IX Grievance Process, the procedure will be as follows:

• The decision-maker will open and establish rules and expectations for the hearing;
• The Parties will each be given the opportunity to provide opening statements;
• Members of the panel will ask questions of the Parties and Witnesses;
• Parties, through their Advisor, will be given the opportunity for live cross-examination
• During the Parties’ cross-examination, Decision-maker(s) will have the authority to pause cross examination at any time for the purposes of asking decision- maker’s own follow up questions; and for determining the relevance of questions; and any time necessary in order to enforce the established rules of decorum.
• Should a Party or the Party’s Advisor choose not to cross-examine a Party or Witness, the Party shall affirmatively waive cross-examination through a written or oral statement to the Chair.
• A Party’s waiver of cross-examination does not eliminate the ability of the Decision-Maker(s) to use statements made by the Party.

Live Cross-examination Procedure

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

Before any cross-examination question is answered, the Chair will determine if the question is relevant. cross examination questions that are duplicative of those already asked, including by the Decision-maker(s) may be deemed irrelevant if they have been asked and answered.

Standard of Proof

Alfred University uses the preponderance of the evidence standard for investigations and determinations regarding responsibility of formal complaints covered under this Policy. This means that the decision-maker(s) will determine whether it is more likely than not that a violation of the Policy occurred.

General Considerations for Evaluating Testimony and Evidence

Any evidence that the Decision-maker(s) determine(s) is relevant and credible may be considered. The hearing does not consider:

1. incidents not directly related to the possible violation, unless they evidence a pattern;
2. questions and evidence about the Complainant’s sexual predisposition;
3. questions or evidence about the Complainant’s prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

Any party or witness may choose not to offer evidence and/or answer questions at the hearing, either because they do not attend the hearing, or because they attend but refuse to participate in some or all questioning. The Decision-maker(s) can only rely on whatever relevant evidence is available through the investigation and hearing in making the ultimate determination of responsibility as long as it is not otherwise subject to exclusion under this Policy. This evidence can include, but is not limited to, opinions and statements in police reports or other official reports, medical records/reports, court records and filings, emails, text messages, video, written statements, affidavits, social media postings, and other similar documents.

The Decision-maker(s) may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to submit to cross-examination or answer other questions.

Within the boundaries stated above, the hearing can consider character evidence generally, if offered, but that evidence is unlikely to be relevant unless it is fact evidence or relates to a pattern of conduct.

Previous disciplinary action of any kind involving the Respondent may be considered in determining an appropriate sanction upon a determination of responsibility. This information is only considered at the sanction stage of the process, and is not shared until then.

After the post-hearing deliberation, the Decision-maker(s) render(s) a determination based on the preponderance of the evidence; whether it is more likely than not that the Respondent violated the Policy as alleged.

Timeline of Determination Regarding Responsibility

If there are no extenuating circumstances, the determination regarding responsibility will be issued by Alfred University within fifteen (15) business days of the completion of the hearing.

Impact Statements

The parties may each submit a written impact statement prior to the hearing for the consideration of the Decision-maker(s) at the sanction stage of the process when a determination of responsibility is reached.

Components of the Determination Regarding Responsibility

The written Determination Regarding Responsibility will be issued simultaneously to all parties through their institution email account, or other reasonable means as necessary and to their respective advisors of choice. The Determination will include:

1. Identification of the allegations potentially constituting covered sexual harassment;
2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
3. Findings of fact supporting the determination;
4. Conclusions regarding which section of this Policy, the Student Code of Conduct or the relevant employee handbook, if any, the respondent has or has not violated.
5. For each allegation:
   1. A statement of, and rationale for, a determination regarding responsibility;
   2. A statement of, and rationale for, any disciplinary sanctions the recipient imposes on the respondent; and
   3. A statement of, and rationale for, whether remedies designed to restore or preserve equal access to the recipient’s education program or activity will be provided by the recipient to the complainant; and
6. The recipient’s procedures and the permitted reasons for the complainant and respondent to appeal (described below in “Appeal”).

Sanctions and Remedies

The following are examples of the range of sanctions that may be imposed upon respondents: 

1. Written or verbal warnings
2. Probation
3. Suspension or administrative leave
4. Expulsion or termination
5. Mandated counseling
6. A Keep Away restriction
7. Loss of privileges or other similar restrictions

In addition, remedies can be granted to the complainant that are comparable to the supportive measures offered to the parties at the outset of the grievance process outlined in this Policy.

Past findings of responsibility relating to this policy or any other Alfred University policy are admissible in the sanctioning stage only.

Failure to Complete Sanctions/Comply with Responsive Actions

All responding parties are expected to comply with conduct sanctions/responsive actions/ corrective actions within the timeframe specified by Alfred University. Responding parties needing an extension to comply with their sanctions must submit a written request to the Title IX Coordinator stating the reasons for needing additional time.

Failure to follow through on conduct sanctions/responsive actions/corrective actions by the date specified, whether by refusal, neglect or any other reason, may result in additional sanctions/responsive actions/corrective actions, such as suspension, expulsion, termination, or a transcript notation. Students who fail to comply will be referred to the Student Conduct Administrator in accordance with Alfred Univeristy’s Student Handbook. Employees who fail to comply will be referred to Human Resources.

Transcript Notations

Alfred University has a policy of making a notation on a transcript related to outcomes for crimes of violence as defined by the Clery Act. Upon conclusion of any appeal process, a transcript notation will be indicated on the respondent’s record for cases resulting in suspension, expulsion or in cases where the respondent withdraws from Alfred University during the investigation and decision-making process. Notations on transcripts will be indicated as follows:

• “suspended after a finding of responsibility for a code of conduct violation”
• “expelled after a finding of responsibility for a code of conduct violation” or
• “withdrew with conduct charges pending.”

Transcript notations for a student who is suspended or who chooses to withdraw with a pending investigation will remain on a transcript for a minimum of one year. After one year's time, a student may request to have the transcript notation removed by filing an appeal with the Vice President of Student Affairs.

Transcript notations for students expelled are permanent and cannot be removed.

If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.

Finality

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

Appeals

Dismissals of formal complaints and determinations made in investigation and hearing procedures may be appealed in writing by either party consistent with this Policy. Appeals will be sent to the Title IX Coordinator, who will then send the appeal to the Appeals Panel assigned to conduct a written review of the appeal(s) and to make a final determination. Appeals must be in writing and filed within ten (10) days following the issuance of the outcome letter.

When an appeal is filed, the other party shall be notified in writing and have five (5) days to respond to the appeal in writing. Any party’s decision not to submit a reply to an appeal is not evidence that the non-appealing party agreed with the appeal.

Within three (3) days of an appeal panel being assigned, either party may provide written objection to any member(s) on the basis of an actual bias or conflict of interest. Any objection is to be sent to the Title IX Coordinator. Should the Title IX Coordinator determine that there is an actual bias or conflict of interest, the Title IX Coordinator will appoint another appeal panel member.

The limited grounds for appeal available are as follows:

• Procedural irregularity that affected the outcome of the matter (i.e., a failure to follow the institution’s own procedures);
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
• The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter.
• The sanction is too severe (appeal from the respondent) or the sanction is too lenient (appeal from the complainant).

The Appeal Panel will make a determination regarding the appeal and communicate that decision, along with a rationale for the decision to the Title IX Coordinator, who will communicate the Appeal Panel’s decision to the parties. The Appeal Panel does not need to be unanimous in its voting when determining whether to grant an appeal. The vote of the appeal panel will not be disclosed. The decision of the Appeals Panel is final.

Retaliation

Alfred University will keep the identity of any individual who has made a report or complaint of sex discrimination confidential, including the identity of any individual who has made a report or filed a Formal Complaint of sexual harassment under this Title IX Grievance Policy, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding under this Title IX Grievance Policy.

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations.

No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Title IX Grievance Policy.

Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by Title IX, or its implementing regulations constitutes retaliation.This includes any charges filed against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but that arise from the same facts or circumstances as a report or complaint of sex discrimination or a report or Formal Complaint of sexual harassment. Complaints alleging retaliation related to allegations made under this Policy or proceedings under this Policy may be filed under and pursuant to the provisions of this Policy.

Rights of Parties under Section 129-b of the New York State Education Law Incorporated into this Policy.

Any University community member who has been impacted by behavior that violates this policy has the right to make a report to the Office of Public Safety or one of the Title IX Coordinator’s listed below, local law enforcement, and/or the New York State Police, or choose not to report. If reported to Alfred University under this policy, a reporting individual will be protected from retaliation and will receive appropriate assistance and resources from Alfred University. A Student's Bill of Rights for cases involving sexual assault, domestic violence, dating violence or stalking is set forth below. Our Center for Academic Success (607- 871-2148) can assist persons with disabilities.

Policy Review and Revision

These policies and procedures will be reviewed and updated regularly by the Title IX Coordinator. The Title IX Coordinator will submit modifications to this policy in a manner consistent with institutional policy upon determining that changes to law, regulation or best practices require policy or procedural alterations not reflected in this policy and procedure. Procedures in effect at the time of its implementation will apply. The policy definitions in effect at the time of the conduct will apply even if the policy is changed subsequently, unless the parties consent to be bound by the current policy.

This policy may be revised at any time without notice. All revisions supersede prior policy and are effective immediately upon posting to the Alfred University website.

Protective Orders

Alfred Univeristy’s Public Safety or other officials will assist members of the campus community in obtaining an order of protection or, if outside of New York state, an equivalent protective or restraining order from any state or federally-recognized tribal court. If Alfred University receives an order of protection of equivalent, an institution representative or other appropriate person will reach out and provide a copy of the order. Upon request they can also provide an explanation of the order, including the consequences for violating these orders, and answer questions about it. Public Safety will provide assistance in effecting an arrest when an individual violates an order of protection.

Campus Resources

A victim is encouraged to seek support for her/his emotional and physical needs. A person seeking confidential emotional, or health care may contact the following resources:

• Wellness Center (Counseling Services) - 607-871-2300
• Wellness Center (Health Services) - 607- 871-2400

Professionals in Counseling Services and healthcare professionals at the Wellness Center (Health& Counseling Services) are the only Alfred University employees who can offer legally protected confidentiality.

These Confidential Resources can provide assistance and information regarding medical assistance and treatment (including information about sexually transmitted infections, and sexual assault forensic examinations), and resources available through the New York State Office of Victim Services, academic and other campus support options, campus disciplinary proceedings and law enforcement options. The health and counseling services noted above are available to students free of charge). Information shared with the Alfred University’s Wellness Center staff will not be shared with the Title IX/Deputy Title IX Coordinator; therefore, a report to a confidential resource is not a report to the University and will not result in remedial action, an investigation, or disciplinary action. In addition, a confidential resource is not able to make any changes a complainant may desire to avoid the respondent, such as a change in housing assignment, class assignment, alternative means of transportation, or different work assignment. Similarly, information shared at public awareness and advocacy events (such as “Take Back the Night”) does not create an obligation on the part of the University to investigate that information and/or take further action. Any person who desires Alfred University to investigate for potential disciplinary action or request any intermediate accommodations, the person must make a report to one of the Responsible Administrators listed below.

Off Campus Resources

In addition to the Wellness Center, there are off campus, community confidential resources that are available. Reports to these confidential resources will not constitute a report to the University and will not result in the University taking any action against the accused. These confidential resources, which may or may not charge services fees, include:

• Community Action 24-Hour Hotline - 1-888-945-3970
• Rape Crisis of the Southern Tier - 1-888-810-0093
• NYS Police Sexual Assault Hotline - 1-844-845-7269
• NYS Domestic Violence Hotline - 1-800-942-6906
• NYS Office of Victim Services - 1-800-247-8035

Additional resources can be found at safe.suny.edu

Non-Confidential Resources

Title IX Coordinator/Title IX Deputy Coordinator’s The following offices and individuals have been trained to receive and respond to allegations of violations of this policy

Title IX Coordinator:
Tom Johnson
[email protected]

Deputy Title IX Coordinators:
Thomas Orrange, Dean of Student Experience Alfred University
1 Saxon Drive – Powell Campus Center Alfred, NY 14802
Office: 607-871-2132 or Cell: 585-502-4581
[email protected]

Deb Drain, Chief Human Resources Officer Alfred University
1 Saxon Drive, GreeneHall Alfred, NY 14802
Office: 607-871-2909
[email protected]

Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator or a Deputy Title IX Coordinator. Reports can also be made online by going to the online reporting form.

If a report is made to anyone other than the Title IX Coordinator/ Title IX Deputy Coordinator listed above, the complainant risks the possibility that the information will not come to the attention of the proper Alfred University officials and may, therefore, not be acted upon.

Students’ Bill of Rights

All students have the right to:

1. Make a report to local law enforcement and/or state police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by Alfred University.
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
6. 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;
7. Describe the incident to as few institutional representatives as practicable and not be required to unnecessarily repeat a description of the incident;
8. Be protected from retaliation by Alfred University, any student, the accused and/or the respondent, and/or their friends, family, and acquaintances within the jurisdiction of Alfred University;
9. Access to at least one level of appeal of a determination;
10. 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
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of Alfred University.

Procedural Rights for All Reporting Individuals

Anyone reporting an incident of sexual assault, domestic or dating violence or stalking has the right to:

1. Make a report to Alfred University’s Office of Public Safety, local law enforcement and/or state police;
2. Have emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a reporting individual to provide information regarding:
   1. options to proceed, including the right to make a report to Public Safety, local law enforcement, and/or state police or choose not to report; to report the incident to Alfred University; to be protected by Alfred University from retaliation for reporting an incident; and to receive assistance and resources from the University, as set out in this policy,
   2. where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible;
   3. detailing that the criminal justice process utilizes different standards of proof and evidence and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney;
   4. whether such University official is authorized to offer the reporting individual confidentiality or privacy; and
   5. the reporting individual’s other reporting options.
3. Disclose confidentially the incident to Alfred University representatives, who may offer confidentiality pursuant to applicable laws and can assist in obtaining services for reporting individuals;
4. Disclose confidentially the incident and obtain services from the state or local government;
5. Disclose the incident to Alfred University representatives who can offer privacy or confidentiality, as appropriate, and can assist in obtaining resources for reporting individuals;
6. File a report of sexual assault, domestic violence, dating violence, and/or stalking and the right to consult the Title IX Coordinator and other appropriate Alfred University representatives for information and assistance. Reports shall be investigated in accordance with Alfred University’s policy and a reporting individual's identity shall remain private at all times if said reporting individual wishes to maintain privacy, subject to Alfred University’s ability to meet its obligation to provide a safe, nondiscriminatory environment for all members of the community;
7. Disclose, if the accused is an employee of Alfred University, the incident to Alfred University’s human resources representatives or the right to request that a confidential or private employee assist in reporting to the appropriate human resources representatives; and
8. Receive assistance from appropriate Alfred University representatives in initiating legal proceedings in family court or civil court as provided in the University’s policies.
9. Withdraw a complaint at any time