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Informal Resolution Policy

Expresses the campus’ informal resolution of Title IX-covered misconduct when each party voluntary agrees to the process.

Policy Information

Policy Number Policy Owner
2007.1 Title IX

 

  • 4.0 Policy

    How does the Title IX Informal Resolution Policy impact other campus disciplinary policies?

    In recent years, “Title IX” cases have become a short-hand for any campus disciplinary process involving sex discrimination, including those arising from sexual harassment and sexual assault. But under the Final Rule, SUNY Plattsburgh 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. Only 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.

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

    Specifically, our campus has:

    A Code of Conduct that defines certain behavior as a violation of campus policy, and a separate Sexual Misconduct Policy that addresses the types of sex-based offenses constituting a violation of campus policy, and the procedures for investigating and adjudicating those sex-based offenses. [Note: Any Sexual Misconduct Policy that runs parallel to the Title IX Grievance Policy, such as a policy implementing New York Education Law 129-B or other state laws or policies, can only fully govern how the institution responds to violations falling outside their Title IX jurisdiction]

    To the extent that alleged misconduct falls outside the 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 the policies and procedures defined within the The Student Code of Conduct/ Non-Title IX Sexual Harassment and Sexual Violence Policy (see Appendix) and/or the Non-Title IX Interpersonal Violence Policy through a separate grievance proceeding (see Appendix). 

    The elements established in the Title IX Informal Resolution Policy under the Final Rule have no effect and are not transferable to any other policy of the College 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 College and may not be cited for or against any right or aspect of any other policy or process.

     

For additional information about this policy, please contact the policy owner listed above.

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