Title IX Violations

Forms of misconduct that may initiate Title IX proceedings include, but are not limited to:

• Sex-Based Discrimination - as defined by Title IX, this includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
• Sex-Based Harassment -

  Sex-based Harassment means sexual harassment and other harassment on the basis of sex, including harassment because of gender identity, sexual orientation, sex characteristics, sex stereotypes, and/or pregnancy or related conditions, that is: 

  (1) Quid pro quo harassment. An employee, agent or other person authorized by Mohawk Valley Community College’s Education Program or Activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct; 

  (2) Hostile Environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from Mohawk Valley Community College’s Education Program or Activity (i.e., creates a Hostile Environment). Whether a Hostile Environment has been created is a fact-specific inquiry that includes consideration of the following: (i) the degree to which the conduct affected the Complainant’s ability to access Mohawk Valley Community College’s Education Program or Activity; (ii) the type, frequency, and duration of the conduct; (iii) the Parties’ ages, roles within Mohawk Valley Community College’s Education Program or Activity, previous interactions and other factors about each Party that may be Relevant to evaluating the effects of the conduct; (iv) the location of the conduct and the context in which the conduct occurred; and (v) other Sex-Based Harassment in Mohawk Valley Community College’s Education Program or Activity;

  (3) Sexual Assault (as defined in the Clery Act, 20 U.S.C. 1092(f)) means any sexual act directed against another person, without the Consent of the victim, including instances where the victim is incapable of giving Consent;

  (4) Dating Violence (as defined in the Violence Against Women Act (VAWA) Reauthorization of 2022 and the VAWA Amendments to the Clery Act) means 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 a consideration of the following factors: (i) The length of the relationship; (ii)the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.

  (5) Domestic Violence means any felony or misdemeanor crimes committed by a person who: (A) is a current or former partner of the victim under the family or Domestic Violence laws of New York State 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) shared 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  New York State ; or

  (6) Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for the person’s safety or the safety of others; or (B) suffer substantial emotional distress

• Unlawful Dissemination or Publication of an Intimate Image – This crime occurs when:

1a) a person intentionally disseminates or publishes a still or video image of another person, who is identifiable from the image itself or from information displayed in connection with the still or video image, without the other person’s consent and:

1b) when the still or video image was taken under circumstances when the person depicted had a reasonable expectation that the image would remain private.  

For full information regarding the unlawful dissemination or publication of an intimate image please click here.