Title IX

FAQs Regarding 2020 Title IX Regulations — New Rule

• When do these new regulations go into effect?

  August 14, 2020

• Will the college still respond to and investigate incidents that occur off campus?

  Yes. While it will not happen through the policy attached to the new Title IX regulations, we will still move forward under our Sexual Harassment and Sexual Violence Policy, Interpersonal Violence Policy, Student Code of Conduct and pertinent policies/procedures as associated with employee bargaining units.

• What is covered sexual harassment under the Grievance Policy for Addressing Formal Complaints of Sexual Harassment Under the Title IX Regulations?

  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 benefits 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 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] 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 a 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;
  5. Domestic violence (as defined in the VAWA amendments to the Clery Act) which includes any felony or misdemeanor crimes of 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 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;
  6. Stalking (as defined in the VAWA amendments to the Clery Act) meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

  Note that conduct that does not meet one or more of these criteria may still be prohibited under the Student Code of Conduct and/or the Non-Title IX Sexual Harassment and Sexual Violence Policy and/or the Non-Title IX Interpersonal Violence Policy.

• Do the Title IX regulations require that the conduct be severe and pervasive?

  The Final Rule’s definition of sexual harassment includes three prongs: (1) quid pro quo sexual harassment committed by an employee, (2) other sexual harassment that is severe, pervasive, and objectively offensive, and (3) sexual assault, dating violence, domestic violence and stalking as defined in the Clery Act.

• Does the conflict between Title IX, Title VII and NYS definitions of sexual harassment for school employee related cases suggest that the Title IX definition should be used?

  The department reports that there is not necessarily a conflict, so long as the applicable definition is used for the correlating process/procedure. The Preamble indicates that it is possible for conduct to be actionable under a code of conduct/campus policy, but NOT actionable under Title IX. This extends to complaints of sexual harassment under Title VII and New York state. The college may be required under Title IX to dismiss a formal complaint, while required by a different law/policy to take responsive action.

• I read that colleges and universities can now extend timelines to 90 days for formal complaints. What will SUNY Plattsburgh do?
  SUNY Plattsburgh will maintain a 60-day time frame.
• I read that colleges and universities can now increase the standard of proof in campus adjudication to clear and convincing. What will SUNY Plattsburgh do?
  SUNY Plattsburgh will maintain the standard of preponderance of evidence (more likely than not).
• Colleges/universities had the option to offer informal resolution policies. Did SUNY Plattsburgh?

  Yes. However, informal resolution is NEVER an option when the alleged conduct involves rape and/or interpersonal violence such as dating violence, domestic violence, and/or stalking.

  Any requests for informal resolution under our new Informal Resolution Policy, must be agreed upon by all parties, and then assessed by the Title IX coordinator to ensure there is no risk of harm and that power differentials/outside factors are considered.

• Under the Title IX Regulations, it says that advisors of the Complaintant and Respondent are allowed to cross-examine. Is this true?

  Yes, this is an area of the new regulations that we cannot opt out of. If you have questions about what this will look like during a hearing process, please contact the Student Conduct Office directly: [email protected]

• Are there no longer mandated reporters in higher education?

  Though often referred to as a mandated reporter, that term in NYS is more aptly applied for those required to report any sort of abuse of minors (children under the age of 18). Mandated reporting is an ongoing state requirement.

  In regards to the college identifying an employee responsibility to report, while we do not have to maintain this standard, we are maintaining this standard. The college understands the importance of working together to change the culture. Employees considered Responsible Employees or Campus Security Authorities (CSA) MUST report all incidence of discrimination, harassment and violence. Others outside of that classification SHOULD report to the appropriate college officials.

  If you are unsure of your classification/responsibilities, please connect with your supervisor and/or Title IX and/or Human Resource Services.

  No employees, other than counseling and medical professionals, are classified as confidential on campus.