Title IX Grievance Policy

Introduction

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.

Based on the Title IX Regulation, Mohawk Valley Community College implemented the following Title IX Grievance Policy, effective August 14, 2020. This Title IX Grievance Policy applies to anyone (employees, students, prospective students) who is currently participating in or attempting to participate in any education programs or activities of Mohawk Valley Community College.

The Title IX Regulation provides for a narrow a geographic scope and specific definition of “sexual harassment” to matters that fall within the Title IX jurisdiction. Only incidents falling within the Title IX Regulation’s jurisdictional scope and definition of covered sexual harassment will be investigated and, if appropriate, brought to a live hearing through this Title IX Grievance Policy as defined below.

Mohawk Valley Community College remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Regulation.

Specifically, MVCC has:

A Code of Conduct that defines certain behavior as a violation of campus policy, and a separate Sexual Harassment Prevention Policy that addresses prohibited sexual harassment for employees.

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 these other College policies and procedures as deemed appropriate. A report by anyone against a non-community member (e.g., a visitor, vendor, etc.) will be investigated but no formal policy or procedure applies. The College may opt to ban the non-community member from College property or take other appropriate responsive measures.

General Rules of Application

Effective Date

This Title IX Grievance Policy will become effective on August 14, 2020, and will only apply to formal complaints of sexual harassment brought on or after August 14, 2020.

Revocation by Operation of Law

Should any portion of the Title IX Regulation, 85 Fed. Reg. 30026 (May 19, 2020), be stayed or held invalid by a court of law, or should the Title IX Regulation be withdrawn or modified to not require one or more 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 applicable College policies.

Non-Discrimination in Application

The requirements and protections of this policy apply equally regardless of sex, sexual orientation, gender identity, gender expression, or other protected classes covered by federal or state law. All requirements and protections are equitably provided to individuals regardless of such status or status as a Complainant, Respondent, or Witness.

Definitions

Covered Sexual Harassment

In accordance with Title IX as interpreted by the Department of Education, the College recognizes the following as conduct violations within the meaning of Title IX, provided the context and circumstances of the conduct fall within the scope of Title IX, including, but not limited to, that the Complainant was in the United States at the time of the alleged conduct, that the Complainant be participating in or seeking to participate in the College’s education program or activity at the time of the complaint, and that the conduct have occurred in the context of the College’s education program or activity.

Covered sexual harassment includes any conduct on the basis of sex that satisfies one or more of the following:

Sexual harassment

An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo);
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 (i.e., a hostile environment)

Sexual assault

(as defined in the Clery Act). “Sexual assault” includes any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving affirmative consent. Sexual assault consists of the following specific acts:

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.
Criminal Sexual Conduct. The intentional touching of the clothed or unclothed genitals, buttocks, groin, breasts, or other body parts of the Complainant by the Respondent, without the consent of the Complainant, for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This definition also includes instances where the Respondent caused or directed the Complainant’s intentional touching of the Respondent’s clothed or unclothed genitals, buttocks, groin, breasts, or other body parts, without the consent of the Complainant, for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
Incest. Non-forcible sexual intercourse between persons who are related to each other with in the degrees wherein marriage is prohibited by law.
Statutory Rape. Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Dating violence

(as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on the Complainant’s statement with consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship. Dating violence does not include acts covered under the definition of domestic violence.

Domestic violence

(as defined in the VAWA amendments to the Clery Act), meaning felony or misdemeanor crimes of violence committed by a person who: (A) is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the applicable jurisdiction, or a person similarly situated to a spouse of the victim; (B) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (C) shares a child in common with the victim; or (D) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.

Stalking

(as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person on the basis of sex that would cause a reasonable person to-- (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress. For purposes of this definition:

“Course of conduct” means two or more acts, including but not limited to, acts in which the stalker directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property.
“Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
“Reasonable person” means a reasonable person under similar circumstances and with similar identities to the person against whom the stalking was committed.

Note that conduct that does not meet one or more of these criteria may still be prohibited under other College policies, including, but not limited to, the Student Code of Conduct, and may lead to disciplinary action.

Consent

For the purposes of this Title IX Grievance Policy, the term “consent” means “affirmative consent,” which is a knowing, and voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, gender expression, or transgender status.

All references to “consent” in this policy will mean affirmative consent as defined in this policy. As stated above, silence, lack of physical resistance, and/or the absence of a verbal “no” should not be construed as consent to any sexual activity. A person can withdraw consent at any time during sexual activity and when consent is withdrawn or can no longer be given the other person must stop all sexual activity immediately. A prior relationship, existing relationship, prior sexual contact, or prior consent does not, alone, constitute affirmative consent to any continued or future sexual activity. Consent to engage in one sexual act (such as kissing or fondling) does not indicate consent to other sexual acts (such as intercourse). Certain conditions prevent a person from being able to consent. Affirmative consent cannot be given if a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation can be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if the individual otherwise cannot consent. An individual’s mental disability may cause him/her to be unable to give affirmative consent to sexual activity. In New York, the statutory age of consent is 17 years old. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs or other intoxicants (whether consumption was voluntary or otherwise) may be incapacitated and therefore unable to consent. A person initiating sexual activity is still responsible to obtain affirmative consent even if they are under the influence of drugs or alcohol. Affirmative consent cannot be given under coercion, force, or threat of physical harm or injury.

Education Program or Activity

For the purposes of this Title IX Grievance Policy, Mohawk Valley Community College’s “education program or activity” includes locations, events, or circumstances where the College exercises substantial control over both the Respondent and the context in which the conduct at issue is alleged to have occurred, including:

Any on-campus premises
Any off-campus premises that Mohawk Valley Community College has substantial control over. This includes buildings or property owned or controlled by a recognized student organization that is officially recognized by the College.
Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of Mohawk Valley Community College’s programs and activities over which the Mohawk Valley Community College has substantial control.

Formal Complaint

A “formal complaint” means a document – including an electronic submission - filed by a complainant with a physical or digital 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 the Mohawk Valley Community College’s education program or activity (as is herein defined) and requesting initiation of the procedures consistent with the Title IX Grievance Policy to investigate the allegation of sexual harassment.

Complainant

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.

Relevant evidence and questions

“Relevant” evidence and questions, as used herein, refer to any questions and evidence that tend 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:

Evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless:
- They are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
- They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
Evidence and questions that constitute, or seek disclosure of, information protected under any legally-recognized privilege, such as attorney-client privilege, physician/ psychologist/social worker privilege, clergy privilege, etc., unless the person holding such privilege has waived the privilege.
Any party’s medical, psychological, and similar records unless the party has given a knowing and voluntary consent in writing.

Respondent

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.

Privacy vs. Confidentiality

Consistent with Title IX processes at Mohawk Valley Community College, 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 Mohawk Valley Community College 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 or designee, who is responsible for tracking patterns and spotting systemic issues. Mohawk Valley Community College will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

Disability Accommodations

This Policy does not alter any institutional obligations under federal disability laws including the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance Process that 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 institutional programs and activities.

Reporting to Law Enforcement

Any person may call 911 or the Department of Public Safety for immediate safety assistance. The College’s Department of Public Safety can also assist the individual in making a report of a crime to local law enforcement. A victim of a crime is encouraged to, but not required to, report the incident to local law enforcement and pursue criminal charges. The criminal process and the College’s disciplinary processes are not mutually exclusive, meaning that an individual can either bring a report through the College or law enforcement, or both.

Any internal investigation and/or hearing process conducted by the College will be conducted concurrently with any criminal justice investigation and proceeding. Decisions rendered in a court of law have no impact on the College’s obligation to respond to allegations of sexual harassment or sexual violence within our community. However, in some cases the College may temporarily delay its investigation to enable law enforcement to gather evidence and to engage in a preliminary investigation. Such delays will not last more than 10 days except when law enforcement authorities specifically request and justify a longer delay.

The following local law enforcement offices can be of assistance in filing a criminal complaint:

Utica Police Department, 413 Oriskany Street W, Utica, NY 315.735.3301
Rome Police Department, 301 N. James St., Rome, NY 315.339.7780
State Police 24-hour hotline to report sexual assault 1-844-845-7269

Orders of protection and other forms of legal protection may be available to individuals who have experienced or are threatened with violence by a College community member or other person. In appropriate circumstances, an order of protection may be available that restricts the offender’s right to enter the College’s property, and MVCC will abide by a lawfully issued order of protection. The Department of Public Safety, or other College officials, will, upon request, provide reasonable assistance to any member of the campus community in obtaining an order of protection or, if outside of New York State, an equivalent protective or restraining order, including providing that person with:

A copy of an order of protection or equivalent when received by the College and providing that person with an opportunity to meet or speak with a College representative, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the other person’s responsibility to stay away from the protected person or persons;
An explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension; and
Assistance in contacting local law enforcement to effect an arrest for violating such an order of protection.

Information Upon First Disclosure and Students’ Bill of Rights

College representatives shall, upon an individual’s disclosure that they may have been subjected to a sexual assault, dating violence, domestic violence or stalking, provide reporting individuals with the following information: You have the right to make a report to the Department of Public Safety, local law enforcement, and/or state police or choose not to report; to report the incident to MVCC; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from Mohawk Valley Community College.

A Students’ Bill of Rights for cases involving sexual assault, domestic violence, dating violence, or stalking is available on the College’s website at Students’ Bill of Rights

Reporting to Confidential Resources

On-Campus Confidential Resources

A victim is encouraged to seek support for their emotional and physical needs. A person seeking confidential emotional or medical care may contact the following on-campus resources who will provide confidentiality:

Licensed Mental Health Practitioners
- Counseling Office, Utica Campus, Student Services Center 315.792.5326
- Counseling Office, Rome Campus, Plumley Complex A30, 315.334.77009
MVCC Health Center, Utica Campus, Alumni College Center, Room 104, 315.792.5452

These counseling and health services are confidential and free for all Hilbert College students.

Off-Campus Confidential Resources

In addition, there are numerous off-campus resources available. These confidential off-campus resources, which may or may not charge services fees, include:

NYS Domestic Violence Hotline – 1-800-942-6906
NYS Police Sexual Assault Hotline – 1-844-845-7269

YWCA Mohawk Valley Domestic and Sexual Violence 24-Hour Hotline 315.797.7740
Pandora’s Project

Additional Sexual Assault & Violence Response (SUNY SAVR) Resources can be found online at https://www.suny.edu/violence-response/. This website can provide you with information you can use to seek resources and support, and to report the crime to law enforcement.

Individuals who have been the victims of sexual assault are encouraged to seek medical attention immediately. Whether or not you report the assault to the College or the police, you should have a medical examination immediately. The exam is confidential. Medical personnel will test for sexually transmitted infections, look for physical injuries, and collect physical evidence. If you report the assault, the Department of Public Safety or the police can provide transportation to the hospital and arrange for a Crisis Services Sexual Assault Advocate to meet you there. If you choose to go to the hospital without notifying Campus Safety or the police, the hospital can still collect physical evidence and contact a Crisis Services Advocate to meet you there, while protecting your anonymity, in case you later decide to prosecute. Individuals can get a Sexual Assault Forensic Examination (commonly referred to as a rape kit) at a hospital. Typically, there is no charge for a rape kit.

Preservation of Evidence

In criminal cases, the preservation of evidence is critical and must be done properly and promptly.

Preserve all physical evidence of the assault. Do not shower, bathe, douche, or brush your teeth.

Save all of the clothing you were wearing at the time of the rape or assault. Place each item of

clothing in a separate paper bag. Do not disturb anything in the area where the assault occurred.

Contacting any of the confidential resources listed above does not constitute notifying Mohawk Valley Community College. In order to make informed decisions, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources and officials. While certain College employees are considered “confidential” (see above), most other College employees are not “confidential” and may be required to share information you share with them with the Title IX Coordinator so that the College may take steps to offer resources, supportive measures, and share information regarding options to pursue the College’s internal grievance process. MVCC’s on-campus confidential resources generally will not share information about an individual’s report of sexual harassment without the individual’s express written permission. If you are unsure of an individual’s reporting obligations, please ask before disclosing any information you wish to remain confidential.

If an individual discloses a situation through a public awareness event, such as “Take Back the Night” or a candlelight vigil or other public event, the College is not obligated to begin an investigation and that disclosure will not be construed as a report to the College.

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 by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

Contact Information for the Title IX Coordinator:

Name: Jennifer DeWeerth
Title: TitleIX Coordinator, Dean of the Rome Campus&Community Outreach
Office Address:1101 Floyd Ave, Rome, NY 13440 (PH 347 or PC130)
Email Address: jdeweerth@mvcc.edu
Phone Number: (315) 334-7701

Such a report may be made at any time (including during non-business hours) by using the electronic mail address, or by mail to the office address listed for the Title IX Coordinator.

Non-confidential reports can also be made to:

Deputy Title IX Coordinator: Dennis Gibbons, Dean of Students; (315) 792-5394; Alumni College Center, Room 208A

Department of Public Safety: Utica Campus; (315) 731-5777; Academic Building room 106
1101 Sherman Drive
Utica, N.Y. 13501; Rome Campus; (315) 334-7718; Plumley Complex room 118
1101 Floyd Ave.
Rome, N.Y. 13440

Reports may be made by completing the Electronic Title IX Complaint form.

The information provided to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.

Mandated Reporting Authority

All MVCC employees, with the exception of the College’s Confidential Resources noted above, are designated as Responsible Employees and are therefore obligated to report any allegation of sexual harassment or sexual assault to the Title IX Coordinator. If a report is made to anyone other than the non-confidential resources listed above, the Reporting Party risks the possibility that it will not come to the attention of the proper College officials and may, therefore, not be acted upon.

Non-Investigatory Measures Available Under the Title IX Grievance Policy

Supportive Measures

Once a report is made under the Title IX Policy, the complainant will be contacted by the Title IX Coordinator and offered individualized support as more fully described below. A report that triggers supportive measures need not be a formal complaint, and it may be made by a third-party (i.e., someone other than the complainant himself/herself). Once the respondent is informed of a report or a formal complaint, the respondent will be contacted by the Title IX Coordinator and offered individualized support. Supportive measures are intended to restore or preserve, to the extent practicable, equal access to the College’s educational programs and activities and protect the safety of all parties without unreasonably burdening the other party or parties. As required by applicable regulations, these supportive measures must be non-disciplinary and non-punitive to the parties.

Complainants who report allegations that could constitute covered sexual harassment under this policy, have the right to receive supportive measures from Mohawk Valley Community College regardless of whether they desire to file a Formal Complaint.

As appropriate, supportive measures may include, but are not limited to:

Counseling
Extensions of deadlines or other course-related adjustments or allowing a withdrawal from a course without penalty;
Modifications of work or class schedules
Mutual “No Contact” orders and, in limited circumstances, such as when legal restraining orders or orders of protection have been issued, one-way no contact orders.
Changes in work or housing locations
Leaves of absence
Access to campus escorts or other reasonable security or monitoring measures; and

The Title IX Coordinator is responsible for coordinating the implementation of supportive measures, including coordinating with the various College departments and offices that may be involved. Supportive measures will be offered free of charge. If a party’s request for a supportive measure is denied, the party will be afforded an opportunity to have the denial promptly reviewed to assess whether the supportive measure is reasonable under the circumstances. In addition, each party will, upon request, be afforded the opportunity for a prompt review of the need for supportive measures that have been implemented, including the potential modification of these measures, to the extent that the party is affected by the measure(s) being reviewed. Each party will be allowed to submit evidence in support of, or in opposition to, the request to the extent the supportive measures under review affects that party.

Emergency Removal of Student Respondents

In some cases, the College may undertake an emergency removal of a student respondent in order to protect the safety of the College community, which may include contacting local law enforcement to address imminent safety concerns. Emergency removal is not a substitute for reaching a determination as to a respondent’s responsibility for a violation of this policy; rather, emergency removal is for the purpose of addressing imminent threats posed to any person’s physical health or safety, which may arise out of the sexual harassment allegations.

The College retains the authority to remove a student respondent from Mohawk Valley Community College’s program or activity on an emergency basis, where Mohawk Valley Community College (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. This is the case regardless of the severity of the allegations and regardless of whether a formal complaint was filed.

After determining that a student respondent is an immediate threat to the physical health or safety of an individual, the Title IX Coordinator will provide written notice of the emergency removal to both the complainant and respondent. This notice will contain: (1) the date the removal is set to begin, (2) the reason for the emergency removal, (3) the consequences of non-compliance, and (4) how to appeal the decision. If a student respondent disagrees with the decision to be removed from campus, the respondent may appeal the decision. The burden of proof is on the student respondent to show that the removal decision was incorrect. The student would send their appeal to the Title IX Coordinator via email within seven days of the notice of removal.

Administrative Leave

Mohawk Valley Community College retains the authority to place an employee respondent on administrative leave during the Title IX Grievance Process consistent with any applicable College policy and/or collective bargaining agreement.

The Title IX Grievance Process

Filing a Formal Complaint

A formal complaint is necessary to initiate the College’s grievance process, meaning an investigation and adjudication process. A third-party or anyone other than the victim of the sexual harassment may not file a formal complaint. However, a formal complaint may be filed by a parent or guardian of a minor person. The timeframe for the Title IX Grievance Process begins with the filing of a Formal Complaint. The Title IX Coordinator will make every effort to conclude a Grievance Process in a reasonably prompt manner, after the filing of the Formal Complaint, provided, however, that the Grievance 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 a written complaint with a physical or digital signature or other indication that the complainant is the person filing the formal 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 Mohawk Valley Community College, including as an employee.

If a complainant does not wish to make a Formal Complaint, and the Title IX Coordinator determines there is sufficient cause to file a formal complaint and a formal complaint is necessary, the Title IX Coordinator may file a formal complaint. The Title IX Coordinator will consider the wishes of the complainant not to proceed with the investigation and adjudication process. However, the Title IX Coordinator may file a formal complaint if the Title IX Coordinator determines that the allegations are such that it would be unreasonable not to proceed despite the wishes of the complainant. In such cases, the Title IX Coordinator is not considered to be a complainant or other party under this Policy. Mohawk Valley Community College will inform the complainant of this decision in writing, the College will take action as necessary to protect and assist him/her and

the complainant will receive all notices issued under this Policy and Process.

In making a determination as to whether the Title IX Coordinator will file a Formal Complaint, the Title IX Coordinator will consider, among other factors: the risk that the alleged perpetrator will commit additional acts of sexual misconduct or other violence, which may be assessed by evaluating; whether there have been other complaints about the same alleged perpetrator; whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence; whether the alleged perpetrator threatened further sexual violence or other violence against the victim or others; whether the sexual violence was committed by multiple perpetrators; whether the sexual violence was perpetrated with a weapon; whether the victim is a minor; whether the College possesses other means to obtain relevant evidence of the prohibited conduct (e.g., security cameras or personnel, physical evidence); whether the victim’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group. Additionally, where the respondent is not enrolled at the College and is not employed by the College, the College may decline to process the complaint through the Grievance Process. The College may take the steps it deems appropriate under the circumstances.

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

Informal Resolution

An Informal Resolution Process is a voluntary process in which a trained facilitator assist the parties in resolving the allegations made by a Complainant.

A complainant who files a Formal Complaint may elect, at any time, to address the matter through the Institution’s Informal Resolution Process. Informal resolution must be agreed upon by both parties, and the Title IX Coordinator must agree that informal resolution is appropriate.

See Information about the Informal Resolution Process. The exception to this is any case that involves an employee and a student. In this scenario, due to the power differential and potential for undue influence or pressure exerted by an employee over a student, Title IX Regulation makes clear that recipients cannot offer an informal resolution process to resolve formal complaints alleging that an employee sexually harassed a student. No party should feel intimidated, coerced or threatened to participate in an Informal Resolution Process.

Multi-Party Situations

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.

Determining Jurisdiction

The Title IX Coordinator will determine if this Title IX Grievance Policy should apply to a Formal Complaint. This Title IX Grievance Policy will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator:

The conduct is alleged to have occurred on or after August 14, 2020;
The conduct is alleged to have occurred in the United States;
The conduct is alleged to have occurred in Mohawk Valley Community College’s education program or activity; and
The alleged conduct, if true, would constitute covered sexual harassment as defined in this policy.

If all of the elements are met, Mohawk Valley Community College will investigate the allegations within a Formal Complaint according to this policy.

Allegations Potentially Falling Under Two Policies

If the alleged conduct, if true, includes conduct that would constitute covered sexual harassment and conduct that would not constitute covered sexual harassment, the College reserves the right to apply the Title IX Grievance Process in the investigation and adjudication of all of the allegations or to refer the conduct that does not constitute covered sexual harassment to be addressed by a separate College policy or procedure.

Mandatory Dismissal

The Title IX Coordinator will review a Formal Complaint filed by a Complainant. In order to comply with Title IX regulations, the Title IX Coordinator must “dismiss” a Formal Complaint for purposes of Title IX if it is apparent that the allegations are not within the scope of Title IX, including that the conduct alleged:

would not constitute covered sexual harassment as defined in MVCC’s Title IX Grievance Policy and the applicable Title IX Regulation, even if proved,
did not occur in the College’s education program or activity, or
did not occur against a person in the United States.

Notice of dismissal of the Title IX Category violation(s) will be in writing and issued to both the Complainant and Respondent. The Title IX Coordinator may determine at any point in the process that facts have emerged that require the dismissal of a Title IX Category violation. A decision to dismiss a Title IX Category violation is immediately appealable by the complainant, pursuant to the appeals provisions in the College’s Title IX Grievance Policy.

Discretionary Dismissal

The 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 at or employed by Mohawk Valley Community College; or,
Specific circumstances prevent Mohawk Valley Community College from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.

The decision to dismiss or not to dismiss a charge under these circumstances will depend on the totality of the situation. 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, the institution 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, simultaneously to the parties

through their institutional email accounts. It is the responsibility of parties to maintain and regularly check their email accounts.

Upon dismissal for the purposes of Title IX, Mohawk Valley Community College retains discretion to refer the matter outside of the Title IX office to be addressed under alternative College policies or procedures, including the Student Code of Conduct (to determine if a violation of the Code of Conduct has occurred) or to the Human Resources Department to determine if one or more employment policies, such as the Sexual Harassment Prevention Policy, has been violated.

Notice of Allegations

The Title IX Coordinator or designee will draft and provide the Notice of Allegations to any party to the allegations of sexual harassment, including sexual assault, domestic violence, dating violence and stalking. 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.

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 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.
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.
A statement that illustrates the prohibition of knowingly submitting false information during the grievance process (Code of Conduct Regulation CR4).

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.

Advisor of Choice and Participation of Advisor of Choice

Mohawk Valley Community College will provide the parties with the right to have an advisor of choice during any meeting or hearing under this policy. Any restrictions on advisor participation will be applied equally to both parties.

The Complainant and Respondent in this process may each be accompanied by an Advisor of Choice (at the party’s expense, if the advisor is a paid advisor) to any meeting or hearing to which they are required or are eligible to attend. The Advisor of Choice is not an advocate. Except where explicitly stated by this Policy, as consistent with the Title IX Regulation, the Advisor’s role is limited to consulting with their advisee. Mohawk Valley Community College will not intentionally schedule meetings or hearings on dates where the Advisors of Choice for all parties 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.

Mohawk Valley Community College 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. Mohawk Valley Community College 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.

Notice of Meetings and Interviews

Mohawk Valley Community College will provide, to a party whose participation is invited or expected, 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) provided that the requestor provides reasonable notice and the delay does not overly inconvenience other parties.

The decision-maker shall have sole judgment to grant further pauses in the process.

Investigation

General Rules of Investigations

The Title IX Coordinator will assign a Title IX Investigator(s) who is free from bias and conflict of interest. In certain cases, the College may engage trained individuals from outside the College, who may or may not be attorneys, to conduct the investigation. Similarly, in certain cases, the Title IX Coordinator may deem it appropriate to assign a team of two investigators to conduct the investigation. The Complainant and Respondent will be provided with notice of the name of the appointed investigator(s) and an opportunity of not more than two (2) days after the notice to raise an objection to the investigator(s) based on any alleged conflict of interest known to the party. If an objection is raised, the Title IX Coordinator will determine whether a conflict of interest in fact exists and necessitates the replacement of the investigator(s).

Mohawk Valley Community College 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 Mohawk Valley Community College and does not indicate responsibility.

Mohawk Valley Community College cannot access, consider, or disclose medical records without a written waiver from the party (or parent, if applicable) to whom the records belong or of whom the records include information. Mohawk Valley Community College will provide an equal opportunity for each of the parties to present witnesses, including factual and expert witnesses, and other inculpatory and exculpatory evidence (i.e., evidence that tends to prove and disprove the allegations), as described below. The Investigator retains discretion to determine the order and method of investigation and what, if any, witnesses will be interviewed as part of the investigatory process. The Investigator may decline to interview any witness or to gather information the investigator finds to be not relevant or otherwise excludable (e.g., sexual history of the complainant with a person other than the respondent, materials subject to a recognized privilege, medical records in the absence of a release by the subject of the records, etc.).

The College will endeavor to complete the investigation within forty-five (45) calendar days, but this time may be extended for good cause, such as witness unavailability, breaks in academic schedule, or other similar circumstances.

Inspection and Review of Evidence

Prior to the completion of the investigation, the parties will have an equal opportunity to inspect and review all of 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.

The parties and their advisors may not make photocopies or take photographs of the materials shared during the evidence exchange stage and are prohibited from disseminating of any of the materials subject to inspection and review with any individuals outside of those engaged in the Title IX grievance process.

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:

Evidence that is relevant, even if that evidence does not end up being relied upon by the institution in making a determination regarding responsibility;
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.

The College will send the evidence made available for each party and each party’s advisor, if any, to inspect and review through an electronic format or a hard copy. The College 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.

The College will provide the parties up to ten days to inspect and review the evidence and submit a written response to the Investigator. The Investigator will consider the parties’ written responses prior to completion of the investigative report. Any evidence subject to inspection and review will be available any at any hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination. The parties and their advisors must sign an agreement not to disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the Title IX grievance process.

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 will not be disclosed, or may be appropriately redacted before the parties’ inspection to avoid disclosure of personally identifiable information of a student. Any evidence obtained in the investigation that is kept from disclosure or appropriately redacted will be documented in a “privilege log” that may be reviewed by the parties and their advisors, if any.

Investigative Report

The Investigator will create an Investigative Report that fairly summarizes relevant evidence and will provide that Report to the parties at least 10 calendar days prior the hearing in an electronic format or a hard copy for each party’s review and written response. The Investigative Report is not intended to catalog all evidence obtained by the investigator, but only to provide a fair summary of that evidence. The Investigator may redact irrelevant information from the Investigative Report when that information is contained in documents or evidence that is/are otherwise relevant.

Hearing

General Rules of Hearings

Mohawk Valley Community College will only issue a disciplinary sanction arising from an allegation of covered sexual harassment following the holding of a live hearing, unless the allegations are otherwise resolved through an informal resolution process, or the respondent admits to the charges.

The live hearing may be conducted with all parties physically present in the same geographic location, or, at the request of either party and/or at the discretion of the College, any or all parties, witnesses, and other participants may appear at the live hearing virtually through video conferencing accessible to all parties involved. The technology for a virtual hearing will enable participants simultaneously to see and hear each other. At its discretion, Mohawk Valley Community College may delay or adjourn a hearing based on technological errors not within a party’s control.

All proceedings will be recorded by the College through audio recording. That recording or transcript will be made available to the parties for inspection and review. However, such review must happen in a designated on-campus location and the recording may not be reproduced or otherwise distributed. Cell phones and recording devices may not be used by the parties or their advisors in the hearing room(s) to record any portion of the hearing.

Continuances or Granting Extensions

Mohawk Valley Community College may determine that multiple sessions or a continuance (i.e. an adjournment for the continuation of the hearing at a later date or time) is needed to complete a hearing. If so, Mohawk Valley Community College will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable.

Newly Discovered Evidence

Generally, 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 Hearing Panel Chairperson will consider this request.

Participants in the live hearing

Live hearings are not public, and 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,
Mohawk Valley Community College will not threaten, coerce, intimidate or discriminate against the party in an attempt to secure the party’s participation.
If a party does not submit to questioning by a party’s advisor at the hearing, the Decision--maker may nevertheless rely on statements of that party, during the hearing or otherwise, in reaching a determination regarding responsibility, but may also determine what significance to afford those statements in view of the lack of questioning. The Decision--maker will not draw any inference as to responsibility based solely on a party’ or witness’s absence from the hearing or refusal to answer any or all questions.

The Decision-maker/Hearing Panel

Live hearings will be before a hearing panel that will consist of a Hearing Panel Chairperson and a minimum of two additional panel members. All hearing panel members will be voting decision-makers.
No member of the hearing body will also have served as the Title IX Coordinator, Title IX investigator, 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 member of the hearing panel 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.
The hearing panel 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 panel member’s actual or perceived conflicts of interest or bias at the commencement of the live hearing.

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 of choice may accompany the parties to any meeting or hearing they are permitted to attend, but may not speak for the party. Except with respect to cross-examination questioning as described below, the advisor’s role is limited to consulting with their advisee, and the advisor may not present evidence, address the Hearing Panel during the hearing, object to any aspect of the proceeding, or disrupt the hearing in any way, and any consultation with the advisee while the hearing is in progress must be done in a quiet nondisruptive manner or in writing. The advisor may consult with the advisee verbally outside the hearing during breaks, when such breaks are granted by the Hearing Panel.
An advisor’s questioning of the other party and any witnesses must be conducted in a respectful, nonintimidating and non-abusive manner. If the Chairperson determines that an advisor is not adhering to these or other ground rules, the advisor will be warned and if the conduct persists he/she may be required to leave the hearing. If this occurs, the hearing will proceed without an opportunity for the party to obtain a replacement advisor; provided, however, that the College will assign an advisor of the College’s choosing, without charge, for the purpose of conducting cross-examination questioning on behalf of the party.
The parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a party does not have an advisor present at the hearing, the institution will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at the live hearing 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.
If neither a party nor their advisor appear at the hearing, Mohawk Valley Community College will provide an advisor to appear on behalf of the non-appearing party.

Witnesses

Witnesses cannot be compelled to participate in the live hearing, and have the right not to participate in the hearing free from retaliation.
If a witness does not submit to questioning by a party’s advisor at the hearing, the Decision--maker may nevertheless rely on statements of that witness, during the hearing or otherwise, in reaching a determination regarding responsibility, but may also determine what significance to afford those statements in view of the lack of questioning.
Witnesses are not permitted to bring an advisor or other person to the hearing, absent an approved disability accommodation.

Hearing Procedures

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

The Chairperson will open and establish rules and expectations for the hearing;
The parties will each be given the opportunity to provide opening statements;
The hearing panel will ask questions of the parties and witnesses;
Parties will be given the opportunity for live cross-examination after the hearing panel conducts their initial round of questioning. During the parties’ cross-examination, the Chairperson will have the authority to pause cross-examination at any time for the purposes of asking follow up questions and at 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 oral statement to the Chairperson. A party’s waiver of cross-examination does not eliminate the ability of the hearing panel to use statements made by the party.

The Hearing Panel may impose additional ground rules as the Hearing Panel may deem necessary or appropriate for the orderly and efficient conduct of the hearing, which will apply equally to both parties. The Hearing Panel may be advised by and/or consult with the College’s legal counsel as the Hearing Panel deems necessary or appropriate.

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 be permitted to 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 Chairperson will determine if the question is relevant and provide a brief explanation for any decision to exclude a question as not relevant. Cross-examination questions that are duplicative of those already asked, including by the Hearing Panel may be deemed irrelevant if they have been asked and answered. A question not directly related to the allegations will generally be irrelevant. Such decisions by the Chairperson are final and not subject to objection or reconsideration during the hearing.

Review of Recording/Transcript

The hearing will be recorded through either an audio recording or transcript. That recording or transcript will be made available to the parties, upon request, for inspection and review. Prior to obtaining access to the recording or transcript, the parties and their advisors must acknowledge in writing that they will not disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to the grievance process.

Determination Regarding Responsibility

Standard of Proof

Mohawk Valley Community College uses the preponderance of the evidence standard for investigations and determinations regarding responsibility of formal complaints covered under this Policy. This means that the investigation and hearing determines whether it is more likely than not that a violation of the Policy occurred.

General Considerations for Evaluating Testimony and Evidence

While the opportunity for cross-examination is required in all Title IX hearings, determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual, and digital evidence, as warranted in the reasoned judgment of the Hearing Panel. Formal rules of evidence will not apply.

The Hearing Panel shall not draw inferences regarding a party or witness’ credibility based on the party or witness’ status as a complainant, respondent, or witness, nor shall it base its judgments in stereotypes about how a party or witness would or should act under the circumstances.

Generally, credibility judgments should rest on the demeanor of the party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence. Credibility determinations should be based upon a full assessment of all the circumstances surrounding a witness’s testimony.

The Hearing Panel will afford the highest weight relative to other testimony to first-hand testimony by parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e. tending to prove and disprove the allegations) evidence will be weighed in equal fashion.

Except where specifically barred by the Title IX Regulation, a witness’ testimony regarding third-party knowledge of the facts at issue will be allowed, but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred.

Title IX Regulation requires that Mohawk Valley Community College allow parties to call “expert witnesses” for direct and cross examination. While the expert witness will be allowed to testify and be subjected to cross-examination, the Hearing Panel will afford lower weight to non-factual testimony of the expert relative to fact witnesses, and any expert testimony that is not directed to the specific facts that occurred in the case will be afforded lower weight relative to fact witnesses, regardless of whether the expert witness testimony is the subject of cross examination and regardless of whether all parties present experts as witnesses.

Pursuant to the Title IX Regulation, Mohawk Valley Community College allows parties to call character witnesses to testify at the hearing. While the character witnesses will be allowed to testify and be subject to cross-examination, the Hearing Panel will afford very low weight to any non-factual character testimony of any witness.

Pursuant to the Title IX Regulation, Mohawk Valley Community College will allow testimony regarding polygraph tests (“lie detector tests”) and other procedures that are outside of standard use in academic and non-academic conduct processes. While the processes and testimony about them will be allowed, and will be subject to cross-examination, the Hearing Panel will afford lower weight to testimony about such processes relative to the testimony of fact witnesses.

Where a party or witness’ conduct or statements demonstrate that the party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the Hearing Panel may draw an adverse inference as to that party or witness’ credibility.

Components of the Determination Regarding Responsibility

Following conclusion of the hearing, the Hearing Panel will deliberate and render a determination as to whether the Respondent is responsible or not responsible for the alleged violation(s).

Each party may submit a written personal impact statement to the Title IX Coordinator for consideration by the Hearing Panel in determining an appropriate sanction if there is a finding of responsibility on one or more of the charges. The parties must submit their statements to the Title IX Coordinator within 24 hours after the conclusion of the hearing. The Hearing Panel will only review and consider impact statements if they have determined that there is a finding of responsibility on one ore more the charges.

The written determination regarding responsibility will be issued simultaneously to all parties through their institution email account, or other reasonable means as necessary. The determination will include:

Identification of the allegations potentially constituting covered sexual harassment;
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;
Findings of fact supporting the determination;
Conclusions regarding which section of the Title IX Grievance Policy the respondent has or has not violated.
For each allegation:
1. A statement of, and rationale for, a determination regarding responsibility;
2. A statement of, and rationale for, any disciplinary sanctions Mohawk Valley Community College imposes on the respondent; and
3. A statement of, and rationale for, whether remedies designed to restore or preserve equal access to Mohawk Valley Community College’s education program or activity will be provided by the recipient to the complainant; and
The recipient’s procedures and the permitted reasons for the complainant and respondent to appeal (described below in “Appeal”).

Timeline of Determination Regarding Responsibility

If there are no extenuating circumstances, the determination regarding responsibility will be issued by Mohawk Valley Community College within seven (7) business days of the completion of the hearing.

Mohawk Valley Community College seeks to resolve every Formal Complaint brought under this policy in a prompt manner. The College will endeavor to conclude all reports of sexual harassment within one hundred and twenty (120) business days after the filing of the Formal Complaint. In some cases, extenuating circumstances that may require an extension of that time frame. Extenuating circumstances may include the time of the academic year (e.g., during College breaks or final exams), the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation by local law enforcement, or other unforeseen circumstances. If the Grievance Process cannnot be concluded within 120 business days, the Title IX Coordinator will inform the parties, and their advisors, if any, of the delay and the reason for extension.

Finality

The determination regarding responsibility becomes final either on the date that Mohawk Valley Community College provides the parties with the written determination of the result of any appeal 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

Either party may appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a determination regarding responsibility. To appeal, a party must submit their written appeal to the Title IX Coordinator within five (5) business days of being notified of the decision, indicating the grounds for the appeal. Appeals must be based upon one or more of the following limited grounds for appeal:

A procedural irregularity existed that affected the outcome of the matter;
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, has been discovered;
The Title IX Coordinator, investigator(s), or Hearing Panel member(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 submission of the written request for appeal stays any sanctions for the pendency of the appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal.

If a party appeals, Mohawk Valley Community College will as soon as practicable notify the other party in writing of the appeal, however, the time for appeal shall be offered equitably to all parties and shall not be extended for any party solely because the other party filed an appeal. Each party will be given a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. Each party will have at least three (3) days to submit its written appeal statement.

Appeal requests will be decided by a Appeal Panel comprised of at least two appeal panel members designated by the Title IX Coordinator. The College will ensure that members of the Appeal Panel will be free of any conflict of interest and bias, and have not served as investigator(s), Title IX Coordinator(s), or hearing decision-maker(s) in the matter under appeal.

The Appeal Panel will issue a written decision describing the result of the appeal and the rationale for the result. The Appeal Panel’s decision will be provided by the Title IX Coordinator simultaneously to both parties. Once the appeal decision has been sent to the parties, the appeal decision is final.

Respondent Withdrawal

Should a student Respondent choose to withdraw from the College with knowledge that a formal complaint against the Respondent has been made under the Title IX Grievance Policy and prior to the Hearing Panel’s final decision, the College reserves the right, notwithstanding a withdrawal, to proceed with consideration of any complaint to completion, and if appropriate, impose a sanction.

For those crimes of violence that Mohawk Valley Community College is required by federal law to include in its Annual Security Report, the transcripts of students found responsible after a hearing and appeal, if any, shall include the following notation:

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 suspensions may be removed at the discretion of the College, but no earlier than one year after the conclusion of the suspension. To request the removal of a transcript notation for suspension one year after the conclusion of the suspension the request must be made in writing to the Dean of Students. Transcript notations for expulsion shall not be removed.

Retaliation

Mohawk Valley Community College 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 may be filed according to the Mohawk Valley Community College’s grievance procedures for sex discrimination may be brought to the attention of the Title IX Coordinator and corrective action will be taken.

Amnesty for Students

The health and safety of every student at Mohawk Valley Community College is of utmost importance. Mohawk Valley Community College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to College officials. Please see Mohawk Valley Community College’s Amnesty Policy.

Designation of Authority and College Counsel

Any person assigned a role pursuant to this policy may designate their authority to another appropriate person to avoid conflicts of interest or in other circumstances, as deemed necessary.

Any College administrator or official involved in implementing this policy may seek the advice of the College’s legal counsel, to be coordinated through the Title IX Coordinator.

Coordination with other Policies

A particular situation may potentially invoke one or more of Mohawk Valley Community College’s policies or processes. The College reserves the right to determine the most applicable policy or process and to utilize that policy or process. The College will apply this Title IX Grievance Policy to any situation where the College determines that Title IX requires the application of this policy.

Administration of this Policy

The College’s Title IX Coordinator is responsible to ensure compliance with this policy. Any questions or concerns about the administration of this policy should be directed to the Title IX Coordinator, Jennifer DeWeerth, at (315) 334-7701 or jdeweerth@mvcc.edu.

Individuals who wish to file a complaint about the institution’s policy or process may contact the U.S. Department of Education’s Office for Civil Rights. The Office for Civil Rights is a federal agency responsible for ensuring compliance with Title IX and other federal laws, including Section 504 of the Rehabilitation Act. OCR may be contacted at 400 Maryland Avenue, SW, Washington, DC 20202-1100, (800) 421-3481. As a general rule, a complaint must be filed with OCR 180 days after the complained of event. OCR will investigate the complaint and determine if the College is in compliance with federal laws within OCR’s jurisdiction. If OCR finds non-compliance, OCR will ensure that the College returns to compliance. OCR may require individual remedy for the individual complainant, where appropriate.

This Policy will become effective on August 14, 2020.

This Policy was revised and such revisions became effective on February 15, 2026.

Title IX Grievance Policy For Addressing Formal Complaints of Sexual Harassment under the Title IX Regulations