Hudson Valley Community College and Title IX of the Educational Amendments of 1972 prohibits any discrimination on the basis of sex in any educational program receiving federal assistance. This prohibition bars any form of sexual harassment or sexual violence that interferes with a student’s ability to equally access our educational programs and opportunities.

If you feel you are the victim of a crime, you have 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 the college; to be protected by the college from retaliation for reporting the incident and to receive assistance and resources from the college.

If you feel you have been discriminated against on the basis of sex at Hudson Valley Community College due to any incident of sexual harassment, dating violence, stalking or sexual assault, please take advantage of our grievance process. This grievance process is applicable regardless of the sex, sexual orientation, gender identity, gender expression, or any other protected classes covered by federal or state law of the Complainant, Respondent, or any Witness. If your situation does not fit the definitions of this process, please consult the Judicial System in the online catalog as many acts that do not technically meet the definitions below will still be violations of our Campus Regulations at Hudson Valley Community College or contact the Title IX Coordinator.

TITLE IX COORDINATOR:

Sandra J. McCarthy, JD

24 hour hotline: (518) 257-2089
24 hour email: s.mccarthy@hvcc.edu
Office Hours: M-Th 1:30-5:30; F: 9-12
Office phone: (518) 629-4816
Office location: CTR 293
* Reports may also be received by email or phone anonymously.

I. TIME LIMITS

All days shall be counted as days the college is in session and shall exclude Saturdays, Sundays, holidays and both the winter and summer recess. However, every effort will be made to expedite disputes even over the winter or summer recess if evidence is available and this grievance procedure can be followed without prejudice to either the complainant or the respondent.

Any time frames articulated in this grievance process may be extended for good cause upon written notice to both the complainant and the respondent. Brief good cause adjournments will most like be afforded in cases where a party, a party’s advisor or a witness is unavailable, if requested by law enforcement or if necessary to accommodate a party’s disability. However, time frames will generally only be extended for 10 days.

II. DEFINITIONS

Actual knowledge of sexual harassment on the part of the college means actual notice to the Title IX Coordinator or another official of the college who has the authority to institute corrective measures on the part of the college.
Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment. This individual may also be referred to as the reporting student.
Consent is defined by Hudson Valley Community College using the NYS definition of consent found in EDU 129B.

Affirmative Consent is defined by Hudson Valley Community College as a knowing, informed, 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.

Affirmative consent must be clear and unambiguous. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act. Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop. Consent cannot be given when a person is incapacitated and thus cannot knowingly choose to participate in sexual activity. Incapacitation occurs when an individual lacks the ability to fully and 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 retrained, if any of the parties are under the age of 17, or if and individual otherwise cannot sent.Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.

Sexual Activity is defined in 18 USC 2246 (2) and 18 USC 2246 (3).

(2) the term “sexual act” means—

contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;
contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
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; or
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;

(3) the term “sexual contact” means 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.

Formal Complaint means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the college investigate the allegation of sexual harassment. At the time of the filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the college. A formal complaint must be filed with the Title IX Coordinator in person, by mail or by electronic mail, by using the contact information above. The complaint must contain the complainant’s physical or digital signature, or otherwise indicate that the complaint is the person filing the formal complaint. The Title IX Coordinator is not the complainant at any time, even if s/he files the compliant on behalf of the complainant.
Respondent is an individual who has been purported to be the perpetrator of conduct that could constitute sexual harassment. This individual may also be referred to as the responding student.
Sexual harassment is conduct perpetrated on the basis of sex that satisfies one or more of the following:
1. 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; or
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the college’s educational program or activity; or
3. Sexual assault, dating violence, domestic violence or stalking:
  1. Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse by persons who are dating.
  2. Domestic Violence includes a felony or misdemeanor crime of violence committed by:
    1. A current or former spouse or intimate partner of the victim; or
    2. A person with whom the victim shares a child in common; or
    3. A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; or
    4. A person similarly situated to a spouse of the victim under the domestic or family violence laws of the New York State, or
    5. 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.
  3. Sexual Assault is rape, fondling, incest or statutory rape or any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent as defined above.
    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. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim as defined above, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
    3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    4. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent in the State of New York.
  4. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to-
    1. Fear for the person’s safety or the safety of other; or
    2. Suffer substantial emotional distress.

Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through other 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.
Reasonable person means a reasonable person under similar circumstances and with similar identifiers to the victim.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Supportive Measures means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the college’s educational program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the college’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modification of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The college will endeavor to maintain as confidential any supportive measures provided to the complainant or the respondent, to the extent that maintaining such confidentiality would not impair the ability of the college to provide the supporting measures. All supportive measures shall be provided free of charge.
Decision Maker is the individual or Review Board that hears the evidence and makes the decision. The Decision Maker may be single individual or a Review Board.
Relevant evidence and questions are evidence and questions that tend to make an allegation more or less likely to be true and cannot include evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless (1) they are offered to show that someone other than the respondent committed the act or (2) they include only activities between the complainant and the respondent and are introduced regarding the element of consent. Evidence that seeks the disclosure of information protected by any legally-recognized privilege without the consent of the protected party is not relevant. Evidence or material that is repetitive, prejudicial or incendiary may also be deemed irrelevant.
Educational Program or Activity is an activity that occurs on campus premises or on any off campus premises if the buildings or property are owned or controlled by the college or a recognized student organization. Activity can also include use of the computers, internet networks, digital platforms and computer hardware or software owned or operated by the college.

III. COLLEGE RESPONSE TO SEXUAL HARASSMENT

Anytime the college has actual knowledge of sexual harassment, the college will promptly respond. The college will advise the complainant of this grievance process and offer the complainant and the respondent appropriate supportive measures. If the complainant chooses not to file a formal complaint, supportive measures will still be offered.

Retaliation for the filing of a Title IX grievance is strictly prohibited. The college, nor any other person, may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or 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. Such actions will result in further conduct charges either under this part or under the Judicial System.

GOOD SAMARITAN POLICY: The health and safety of every Student at Hudson Valley Community College is of utmost importance. Hudson Valley Community College recognizes that Students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence occurs, including but not limited to domestic violence, dating violence, stalking, or sexual assault, may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages Students to report any act of violence, including domestic violence, dating violence, stalking, or sexual assault, to College Officials. A bystander acting in good faith or a reporting individual acting in good faith who discloses any incident of violence, domestic violence, dating violence, stalking or sexual assault to College Officials or law enforcement will not be subject to College Code of Conduct disciplinary action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the act of violence, domestic violence, dating violence, stalking or sexual assault.

Hudson Valley Community College supports Students who reach out for assistance in the case of a medical emergency and supports the Student who is helped. Therefore, a Student or Student Organization will not be subject to disciplinary sanctions related to their own violation of College Code of Conduct alcohol and/or drug use or possession policies, on or off campus, when seeking medical treatment for:

Themselves or;
Any other Student who is in immediate medical need or;
Any Student who is the recipient of the emergency medical help, particularly if the Student is seeking medical help for any Student who is the victim of a crime.

The College strongly encourages bystanders to respond to potentially dangerous situations by reporting the incident promptly, without fear of reprisal. However, if the circumstances dictate, the College reserves the right to notify parents of Students under the age of 21, or to encourage counseling for Students at any time if the well-being of the Student is at risk.

IV. RESPONSE TO FORMAL COMPLAINTS

The filing of a formal complaint is a prerequisite to the college’s formal response as articulated below. However, if a formal complaint is not filed the college may still proceed against an individual if another appropriate disciplinary process is applicable. The college will generally proceed on any Title IX Grievance if the alleged behavior occurred in the last calendar year but reserves the right to proceed on older allegations, particularly if the alleged behavior could be construed as an ongoing situation or a course of conduct.

Emergency Removal: The College may remove a respondent from its educational program or activity on an emergency basis provided that an individualized safety and risk analysis determines that an immediate threat to the physical health or safety of a student or other individual arising from the allegations of sexual harassment justifies removal. A respondent who has been removed on an emergency basis may challenge that emergency removal.

Administrative Leave: The College may place any non-student employee on administrative leave during the pendency of the grievance process.

Service: Service of any documents or notices under these provisions shall be made by HVCC email even if it is also made by another method. The date of service shall be the date of personal service or the date of email transmission.

Complainants and Respondents shall be treated equitably. Remedies that that are designed to restore or preserve equal access to education at the college will be imposed and/or sanctions will be imposed on a respondent only after a determination has been made that the respondent is responsible for the sexual harassment alleged. This does not prohibit the college from offering supportive measures to either the complainant or the respondent regardless of the outcome of any disciplinary action.
Upon receipt of a formal complaint, the college will provide written notice of the allegation and the commencement of an investigation to the parties who are known. The notice must include a copy of this grievance procedure, the date, time, and location of the alleged sexual harassment and sufficient detail as to the conduct alleged and the identities of the parties for the respondent to understand the allegation.
Complainants and Respondents are entitled to have advisors. Advisors can be anyone of the student’s choice and can be present at any meeting or hearing.
All complaints shall be thoroughly investigated by an impartial investigator. All evidence, both inculpatory and exculpatory, will be evaluated and credibility determinations will be made regardless of the person’s status as complainant, respondent or witness.
All investigators, Title IX Coordinators, and Decision Makers shall be free of bias and conflicts of interest and shall be trained on the definition of sexual harassment, how to conduct an investigation, this grievance procedure and how to maintain impartiality and make decisions free of prejudgment or bias.
All Decision Makers will be trained on all relevant issues including but not limited to technological issues and the relevance of questions and answers including that evidence regarding a complainant’s sexual predisposition or prior sexual behavior is not relevant unless such questions and evidence are offered to prove that someone other than the respondent committed the conduct or to prove consent.
All investigators will be trained on how to conduct impartial investigations and how to weigh the relevance of evidence and how to create a report that fairly summarizes the evidence.
Any respondent in the grievance process is entitled to the presumption of ‘not responsible’ until found responsible in this grievance process.
The burden of collecting evidence will rest with the college. The college may not access, consider, disclose or otherwise use a party’s records retained by a physician, psychiatrist, psychologist or other professional subject to privilege without the express consent of the party.
Either party has an equal opportunity to present witnesses, experts and any other evidence they wish to have considered by the investigator.
Investigations should be concluded within 90 days of the receipt of the formal grievance except in unusual circumstances. Once an investigation is complete, the investigator will provide the report to each party and each party’s advisor. The report will contain all evidence in the possession of the college, whether inculpatory or exculpatory. Each party shall have 10 days to inspect the report and the evidence in the possession of the college. Each party may file a written response to the report within those 10 days and may submit any additional proof. No party shall be allowed to duplicate, photograph, post, publish, remove or otherwise preserve evidence provided in this report or the report itself. Any documents provided to the parties or their advisors shall be returned without duplication, preservation, photography posting or publication or any other manner of maintenance by the party, witness, advisor, decision maker, investigator or any other individual. Violations of this policy will most likely result in the removal of the advisor from the process and/or further disciplinary actions against the sharing or duplicating party which could include expulsion from the college. The college will maintain the only record of the contents of the investigative file. Either party, advisor or third person may add additional materials to the investigative packet during this 10 day review. It is expected that absent extraordinary circumstances, all evidence either party will submit at the hearing will be contained in the investigative packet.
Pursuant to statute, a complaint must be dismissed if it does not meet the definition of sexual harassment as articulated in Section II, Paragraph 6, if it did not occur within the United States or on college grounds or if did not occur within the college’s educational program or activity. However, that conduct may still constitute a violation of Campus Regulations and may be pursued by the college under the Judicial System. The college may dismiss a complaint if the complainant formally withdraws or becomes so uncooperative that the college is prevented from meaningfully gathering evidence or if the respondent is no longer employed at the college or is no longer a student* (Please refer to Section V, Paragraph 22 for an explanation of mandatory transcript notations for students who withdraw with conduct actions pending). The dismissal of a complaint may be appealed as articulated below.
An investigative report may include conclusions and/or recommendations of the investigator or others relevant to the case.

V. THE INFORMAL RESOLUTION

At any time, upon the written consent of both parties, the parties may engage in an informal resolution process with the assistance of the Title IX Coordinator, the investigator and/or other relevant members of the college community. At any time during the informal resolution process either party may request the matter be restored to the formal grievance process provided a formal written agreement has not yet been executed to resolve the matter. An informal resolution is not available when a student has filed a Title IX grievance against any employee.

VI. THE HEARING PROCESS

The college adopts the SUNY model decorum policy for Title IX hearings.

During the hearing process and the investigative process, supportive measures to the complainant and the respondent may continue.
Until a finding is made by the decision maker, the respondent is entitled to a presumption of ‘not responsible’.
In any allegation against a staff or faculty member, the Decision Maker shall be a single individual or board of up to three qualified members appointed by the Director of Human Resources.
In any allegation against a student, the Decision Maker shall be a Review Board. The Review Board will be composed of up to 3 members of the college community who have been trained pursuant to statute. A Review Board may also contain a trained professional from an outside agency.
Hearings will be attended by the Campus Judicial Coordinator, the Title IX Coordinator and the Title IX Investigator. The roles of Campus Judicial Coordinator and Title IX Coordinator may be absorbed by the same individual provided they remain impartial and free of bias or conflicts of interest. At certain times, the roles of Campus Judicial Coordinator, Title IX Coordinator and Title IX Investigator may be absorbed by the same individual provided they remain impartial, and free of bias or conflicts of interest. The Review Board Members or other Decision Maker, the parties, their advisors and a stenographer, when appropriate, will also be present during the entire hearing. Decision Makers and any college appointed advisors shall be free of bias and shall receive proper training. Witnesses will be called individually and cannot be present during the entire hearing. Hearings cannot have any other spectators present pursuant to 20 USC 1232g and 34 CFR part 99. Neither the Title IX Coordinator nor the investigator can act as Decision Maker in the same case but will be present at any hearing.
A Review Board presentation or a presentation to another Decision Maker will occur with 10 days of the expiration of the inspection period. Decisions will be rendered within 10 days of the presentation. All parties and their advisors will be advised of the time, date and location of the hearing.
Any witnesses or evidence that the Investigator will not be presenting but which either party feels may be relevant to the finding, shall be the responsibility of the party to present and should have been included in the investigative packet during the review period.
All hearings should be recorded by a stenographer or electronic recording. Technical difficulties may result in an alternative record of the hearing.
All evidence in the possession of the college will be available to the parties for the hearing.
If a Complainant or a Respondent cannot afford an advisor at the hearing, the college shall provide an advisor free of charge.
Any party or witness may appear in a separate room or separate location using available technology provided they are subject to simultaneous cross-examination.

CONDUCT OF THE HEARING:

The complainant and the respondent may each make an opening statement.
The investigator will present the investigative report which may include documents, statements and other physical, testimonial or demonstrative evidence. It may also include treatise evidence and other expert testimony when relevant. The investigator may be asked questions by either advisor or the Decision Maker(s). The investigator may make conclusions or recommendations to the Decision Maker or share the recommendations or conclusions of other relevant individuals. However, ultimately, conclusions are made by the Decision Maker.
The investigator may call witnesses.
The investigator will ask the witnesses questions. Each of the advisors and the Decision Maker(s) may ask the witnesses questions.
The complainant may testify. The complainant will be cross-examined by the advisor to the respondent and by the Decision Maker(s). Decision Maker(s) will determine the relevance of any questions including whether the questioning is prohibited by Section IV, paragraph 6 or if it is subject to privilege or other legal protection and other issues of relevance before any question is answered by a complainant.
The complainant may introduce any other documents or call other witnesses that were not introduced by the Investigator. These witnesses will be questioned by the advisors and by the Decision Maker(s).
The respondent may also testify. The respondent will be cross-examined by the advisor to the complainant and by the Decision Maker(s). Decision Maker(s) will determine the relevance of any questions including whether the questioning is subject to privilege or other legal protection and other issues of relevance before any question is answered by the respondent.
The Decision Maker may also call witnesses if it feels the witness is necessary to understand the issues presented in the case.
Though statements made by parties or witnesses cannot be relied on by the Decision Maker if the party or witness will not submit to cross-examination, no adverse inference will be drawn from the party or witnesses’ refusal to submit to cross-examination.
If, after a review of the evidence the Decision Maker finds that a preponderance of the evidence does show that the respondent committed an act of sexual harassment, dating violence, domestic violence, stalking or sexual assault within the college’s definitions of those terms, they will proceed to impose a sanction. The Decision Maker may take into consideration any sanction recommended by the Title IX Coordinator, Investigator, the complainant, an expert or any other relevant person or witness in determining the sanction. If the Decision Maker finds that a preponderance of the evidence does not show that the respondent committed an act of sexual harassment, domestic violence, dating violence, stalking or sexual assault within the college’s definitions of those terms, the Title IX grievance will be dismissed. If the Decision Maker dismisses the grievance but finds another violation of the Code of Conduct (Campus Regulation, Computer Ethics Violation or Academic Ethics Violation) occurred, they may proceed to impose a sanction in keeping with the Judicial System.
Sanctions imposed in a Title IX proceeding may be punitive but also must be primarily fashioned to restore the complainant’s ability to access their education, free of sexual harassment.
Such remedies or sanctions could include:
1. Dismissal from the college*; and/or
2. Suspension from the college for 10 days, 20 days, 30 days or 60 days or 1 semester, 2 semesters, 3 semesters, 4 semesters or 5 semesters*; and/or
3. Removal from a course, course of study or major; and/or
4. Removal from a club or organization; and/or
5. Removal from a work study or other employment position at the college; and/or
6. Complete denial of access to college buildings, locations, or areas for a period of 1 day through 4 years; and/or
7. Complete denial of access to college sponsored activities or programs for a period of 1 day through 4 years; and/or
8. The writing of essays; and/or
9. Community Service; and/or
10. Letters of Apology; and/or
11. Financial Restitution.

*Transcript Notation. Pursuant to statute, HVCC must note the transcript of any individual found to have committed any act of homicide, sexual offenses, robbery, aggravated assault, burglary, motor vehicle thefts, arson, possession or use of weapons, drug abuse violations or liquor law violations as well as any acts of larceny, simple assault, intimidation, destruction or vandalism of property that is designated at as Hate Crime. Definitions used for these acts can be found in the FBI Uniform Crime Reporting Handbook. If a student is suspended for any of the aforementioned acts, the transcript will be noted, “Suspended after a finding of responsibility for a code of conduct violation” and shall remain noted for a minimum of 1 year after the conclusion of the suspension. If a student is expelled for any of the aforementioned acts, the transcript will be noted, “Expelled after a finding of responsibility for a code of conduct violation” and that notation cannot be removed. If a student withdraws from classes during the disciplinary process, the transcript will be noted, “Withdrew with conduct charges pending.”

Within 10 days of the close of all proof, the Decision Maker will publish its written decision to the Title IX Coordinator. The Title IX Coordinator will disseminate the decision simultaneously to each of the parties and to their advisors. The Title IX Coordinator shall be responsible to ensure that any disciplinary sanctions are imposed on the respondent. Supportive measures continue to be available to the respondent and the complainant regardless of the outcome of any hearing when possible.
The decision shall be in writing and shall contain:
1. A statement of the conduct committed that was alleged to have been sexual harassment.
2. A brief 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 whether a preponderance of the evidence demonstrated the respondent did or did not commit the act(s) of sexual harassment or any other violations of the Code of Conduct (either Campus Regulations, Computer Ethics or Academic Ethics).
5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed and how the remedies are designed to restore or preserve equal access to the college for the complainant.
6. The decision need not be unanimous but the minority may write its own decision.
7. The decision of the Decision Maker is final only after the time to file an appeal is exhausted or the parties have completed the college’s appeal process.

VII. APPEALS

Both parties have an equal opportunity to appeal a determination of a Decision Maker or the dismissal of a Title IX grievance.
An appeal may be filed on any of the following grounds:
1. A procedural irregularity affected the outcome of the matter; and/or
2. New evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and/or
3. The Title IX Coordinator, investigator or Decision Maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; and/or
4. The finding was against the clear weight of the evidence; and/or
5. The sanction was disproportionate to the seriousness of the infraction.
Once an appeal is filed, the other party shall be notified. Appeals shall be in writing and shall specifically state the grounds. Appeals may be dismissed if they do not state grounds. The other party may file objections to the appeal. Appeals must be received by the Title IX Coordinator within 7 days of the delivery of the decision. Objections must be filed within 7 days of the service of the appeal on the opposing party.
Appeal Decision Makers shall be comprised of a board of up to 3 individuals if the respondent is a student and a board of up to 3 individuals or a single individual if the respondent is an employee. No Appeal Decision Maker shall have a conflict of interest or bias and cannot be the Title IX Coordinator, the Investigator, or any of the original Decision Maker(s). Decision Maker(s) for appeals will receive training as described in Section IV, Paragraphs 5 and 6 and may include members from inside or outside the HVCC community..
A written decision will be rendered by an Appeal Decision Maker within 10 days of receiving the appeal and objections. The written decision will state whether the appellant has shown by clear and convincing evidence that one of the criteria in Paragraph 2 of this Section exists. The Decision should state the appeal ground or grounds that was considered and the rationale for granting or denying the appeal based on each of the grounds considered. The Appeal Decision Maker should remit the matter for the error to be corrected whenever possible. If a sanction is modified or if any other determination is made by the Appeal Decision Maker, that rationale shall be stated in the written opinion and shall be based on substantial evidence in the record. If it is found that the sanction was disproportionate to the seriousness of the infraction, the Appeal Decision Maker may impose a greater or lesser sanction. The written decision will be provided to the Title IX Coordinator who will simultaneously distribute it to both parties and the advisors of the parties.
There are no further remedies available at the college for the resolution of this complaint.

HVCC TITLE IX GRIEVANCE PROCESS (FOR INCIDENTS ALLEGEDLY OCCURRING AFTER AUGUST 1, 2024):

Title IX Coordinator:

Sandra J. McCarthy, JD 24 hour email:s.mccarthy@hvcc.edu

Office phone: (518) 629-4816

Office location: CTR 293

* Reports may also be received by email or phone anonymously

In Case of Emergency, please contact Public Safety or call 911.

I. Effective Date and Changes to Procedure Based on Court Rulings and Legal Challenges or Changes in Law or Regulation

This Grievance Procedure applies to incidents that occur on or after August 1, 2024. Any incidents reported under this Grievance Procedure that occurred on or before July 31, 2024 will be processed through our prior procedure which is also published on the Title IX Website.

Should any portion of the 2024 Title IX Final Rule (89 Fed, Reg. 33474 (Apr. 29, 2024) be stayed or held invalid by a court of law, or if the 2024 Title IX Final Rule is withdrawn or modified to not require elements of this Procedure, the Procedure in its entirely, or the invalidated elements of this Procedure, they will be deemed revoked as of the publication date of the opinion or order from the Court 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 the date of the opinion or order publication by the Court. If this Procedure is revoked in this manner, any conduct covered under this Procedure shall be investigated and adjudicated under the previous 2020 Title IX Grievance Policy found on the Title IX website.

Hudson Valley Community College (hereafter The College) will update this Procedure as soon as practicable to reflect any court rulings or changes that invalidate parts of this Procedure, if applicable.

II. Scope of Procedure

Sex-Based Harassment is considered discrimination on the basis of sex if it includes harassment due to actual or perceived sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and /or gender identity.

III. Jurisdiction of Procedure

The College’s Title IX Coordinator or designee will determine if this Grievance Procedure applies to a Complaint. This Grievance Procedure will apply when the following elements are met, in the reasonable determination of the Title IX Coordinator:

The conduct alleged occurred on or after August 1, 2024;
The conduct alleged occurred in the United States, except for cases of sexual assault, dating violence, domestic violence and stalking, in which case, if such conduct allegedly occurred off campus or during study abroad, will be subject to the jurisdiction of this Grievance Procedure.
The conduct alleged occurred in The College’s Education Program or Activity; and
The conduct alleged, if true, would constitute Sex-Based Harassment as defined in this Grievance Procedure.

NOTE: The College has an obligation to address a sex-based hostile environment under its Education Program or Activity, even when some conduct alleged to be contributing to the Hostile Environment occurred outside The College’s Education Program or Activity, or outside of the United States. The College’s Title IX Coordinator will work with all Complainants to assess such complaints that may fall under these criteria, and direct to appropriate College Policies and Procedures that may apply if this Grievance Procedure does not. The college will communicate all such decisions in writing to the Complainant. Any such dismissals shall be subject to appropriate appeal rights under this Grievance Procedure as outlined in the Dismissals section below.

Conduct that occurs und The College’s Education Program or Activity includes but is not limited to conduct that occurs in a building owned or controlled by a student organization that is officially recognized The College, and conduct that is subject The College’s disciplinary authority under our Judicial System or Campus Regulations.

If all the elements of jurisdiction are met, The college will investigate the allegations according to this Grievance Procedure as appropriate unless an informal resolution is pursued or there are grounds for dismissal of the complaint.

IV. Non-Discrimination in Application

The requirements and protections of this policy apply equally regardless of sex, sexual orientation, gender identity, gender expression, race, color, national origin, religion, creed, age, disability, familial

status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, criminal conviction, or other protected classes covered by applicable federal, state, or local law. All requirements and protections are equitably provided to individuals regardless of such protected status(es) or status as a Complainant, Respondent, or Witness. Individuals who wish to file a complaint about The College’s policy or process may contact the U.S. Department of Educations’ Office for Civil rights using contact information available at https://ocras.ed.gov/contact-ocr. Individuals may also file complaints wit the New York State Division of Human Rights (DHR), using contact information available at https://dhr.ny.gov/compliant.

V. Students’ Bill of Rights

All Students have the right to:

Make a report to local law enforcement and/or state police;
Have disclosures of Domestic Violence, Dating Violence, Staling, and Sexual Assault treated seriously;
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 the institution;
Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
Be treated with dignity and to receive from the College courteous, fair, and respectful health care and counseling services, where available;
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;
Describe the incident to as few institution representatives as practicable and not to be required to unnecessarily repeat a description of the incident;
Be protected from Retaliation by the institution, any Student, the Accused and/or the Respondent, and/or their friends, family and acquaintances withing the jurisdiction of the institution;
Access to at least one level of appeal of a determination;
Be accompanied by an advisor of choice who may assist and advise a Reporting Individual or Complainant, Accused, or Respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
Exercise civil rights and practice of religion without interference by the investigative, judicial, or conduct process of the institution.

VI. Definitions

1. Accused means a person accused of a violation who has not yet entered The College’s judicial or conduct process.

2. Admission means selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at and Education Program or Activity operated by The College.

3. Bystander means a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of the rules or policies of The College.

4. Code of Conduct means written policies under The College’s Judicial System, or this policy or any written policies adopted by The College governing student behavior, rights, and responsibilities while such student is enrolled in The College.

5. 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 a 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. Incapacitation occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused ty 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 thereat of harm. When Consent is withdrawn or can no longer be given, sexual activity must stop. “Consent” and “affirmative consent” may be used interchangeably under this Grievance Procedure.

6. Complainant means:

(1) A student or employee who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment as defined in these procedures and who was participating or attempting to participate in The College’s Education Program or Activity; or

(2) A person other than a student or employee who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment under this grievance procedure and who was participating or attempting to participate in The College’s Education Program or Activity at the time of the alleged Sex-Based Harassment.

A Complainant may also be referred to as a Reporting Individual in this Grievance Procedure, in alignment with New York State Education Law Article 129-B.

7. Complaint means an oral or written request to The College that objectively can be understood as a request for The College to investigate and make a determination about alleged Sex-Based Harassment at the college.

8. Confidential Employee means:

(1) An employee of The Collee whose communications are privileged under Federal or State law. The employee’s confidential status is only with respect to information received while the employee is functioning with the scope of their duties to which privilege or confidentiality applies;

(2) An employee of The College whom The College has designated as confidential for the propose of providing services to a person related to Sex-Based Harassment. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about Sex-Based Harassment in connection with providing those services; or

(3) An employee of The College who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about Sex-Based Harassment. The employee’s confidential status is only with respect to information received while conducting the study.

9. Disciplinary Sanctions means consequences imposed on a Respondent following a determination under this grievance procedure that the Respondent violated The College’s prohibition of Sex-Based Harassment.

10. Education Program or Activity means any academic, extracurricular, research, occupational training or other Education Program or Activity operated by The College that receives Federal financial assistance.

11. Party means Complainant or Respondent.

12. Peer Retaliation means retaliation by a Student against another Student.

13. Relevant means related to the allegations of Sex-Based Harassment under investigation as part of this Grievance Procedure. Questions are Relevant when thy seek evidence that may aid in showing whether the alleged Sex-Based Harassment occurred, and evidence is Relevant when it may aid a decisionmaker in determining whether the alleged Sex-Based Harassment occurred.

14. Remedies means measures provided, as appropriate, to a Complainant or any other person The College identifies as having had their equal access to The College’s Education Program or Activity limited or denied by Sex-Based Harassment. These measures are provided to retore or preserve that person’s access to The College’s Education Program or Activity after The College determines that Sex-Based Harassment occurred.

15. Respondent means a person who is alleged to have violated The College’s prohibition on Sex-Based Harassment.

16. Retaliation means intimidation, threats, coercion, or discrimination by any person The College, a Student, or an employee or other person authorized by The College to provide aid, benefit, or service un The College’s Education Program or Activity, for the purpose of interfering with any right or privilege secured by Title IX or because the person has reported information, made a complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Grievance Procedure, including an informal resolution process.

17. 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/pr pregnancy and other conditions, that is:

a. Quid pro quo harassment. An employee, agent or other person authorized by The 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;

b. Hostile Environment Harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so seveer or pervasive that it limits or denies a person’s ability to participate in or benefit from The 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 The College’s Education Program or Activity; (ii) the type, frequency, and duration of the conduct; (iii) the Parties’ ages, roles within The 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 The College’s Education Program or Activity.

c. 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;

d. 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) they type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.

e. Domestic Violence means any felony or misdemeanor crime(s) 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) 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 New York State; or

f. 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.

18. Student means a person who has gained Admission.

19. Supportive Measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to: (1) restore or preserve that Party’s access to The College’s Education Program or Activity, including measures that are designed to protect the safety of the Parties or The College’s educational environment; or (2) provide support during the College’s Grievance Procedures or during the informal resolution process.

VII. Note: Disability Accommodations

Generally

This procedure does not alter any institutional obligations under applicable federal, state or local disability laws, including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973, among others. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator or at any point before or during the Title IX Grievance Procedure that do not fundamentally alter the Procedures. 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.

Requests for Reasonable Accommodations During the Title IX Grievance Procedure

If the Complainant or Respondent discloses a disability, the Title IX Coordinator may consult, as appropriate with the Center for Access and Assistive Technology (CAAT Office) to provide support to students with disabilities to determine how to comply with applicable laws including, without limitation, Section 504 of the Rehabilitation Act of 1973 in the implementation of any Supportive Measures, or any other reasonable accommodations requested during the Grievance Procedure.

VIII. Policy for Alcohol and/or Drug Use Amnesty

The health and safety of every student at the College is of utmost importance. The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that 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. The college strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A Bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to College officials or law enforcement will not be subject to The College’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

IX. Basic Requirements of the Grievance Procedure

The college is required to:

Treat Complainants and Respondents equitably;
Ensure that any person designated by The College as a Title IX Coordinator, investigator, or decisionmaker does not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.
Establish reasonably prompt timeframes for the major stages of this Grievance Procedure, including a process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the Parties that includes the reason for the delay.
Ensure that reasonable steps to protect the privacy of the Parties and witnesses during the pendency of the Grievance Procedure are taken, provided that the steps do not restrict the abilities of the Parties to obtain and present evidence, including by speaking to witnesses (as long as such does not result in Retaliation), consult with their family members, confidential resources, or advisors, or otherwise prepare for or participate in this Grievance Procedure;
Ensure an objective evaluation of all evidence that is Relevant and not otherwise impermissible under this Procedure, including both inculpatory and exculpatory evidence, and provide that credibility determinations must not be based on a person’s status as a Complainant, Respondent or Witness;
Exclude impermissible evidence from consideration as defined in the Grievance Procedure; and
Clearly articulate principles for how The College will determine which policies and procedures apply if not all such complaints are handled under this institutional Grievance Procedure.

Per New York State Law, The College is also required to additionally ensure that Complainants are advised of their right to:

Notify Campus Public Safety, local law enforcement, and/or state police;
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 Complainant to provide information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible, and detailing that the criminal justice process utilizes different standards of proof and evidence and that any questions about whether a specific incident violated New York Penal Law should be addressed to law enforcement or to the district attorney, who shall also explain whether her or she is authorized to offer the reporting individual confidentiality or privacy, and shell Inform the Complainant of other reporting options;
Disclose confidentially the incident to institution representatives, who may offer confidentiality pursuant to applicable laws and can assist in obtaining services for Complainants;
Disclose confidentially the incident and obtain services from the state or local government;
Disclose the incident to institution representatives who can offer privacy or confidentiality, as appropriate, and can assist in obtaining resources for reporting individuals;
File a report of sexual assault, domestic violence, dating violence, and/or stalking ant the right to consult the Title IX Coordinator and other appropriate institution representatives for information and assistance, ensure that Complainants know that reports shall be investigated in accordance with this Grievance Procedure and/or any other institutional policies that may be applicable, and ensure that a Complainant’s identity will remain private at all times if said Complainant wishes to maintain privacy;
Disclose, if the accused is an employee of The College, the incident to The College’s Human Resources Department or the right to request that a confidential or private employee assist in reporting to the appropriate representative for the Human Resources Department, at which point, such referral shall be handled according to the appropriate polices and procedures related to employee complaints.
Receive assistance from The College representatives in initiating legal proceedings in family court or civil court; and
Withdraw a complaint or involvement from The College’s Grievance Procedure at any time.

X. Reporting Sex-Based Harassment Occurring Between Student to the College

Non-Confidential Reports

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

HUDSON VALLEY COMMUNITY COLLEGE’S TITLE IX COORDINATOR

SANDRA J. MCCARTHY, JD

CTR 293

s.mccarthy@hvcc.edu

(518) 629-4816

Confidential Reports

The following officials at The College will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited by Title IX:

The Title IX Coordinator
Officials with Authority to institute corrective measures under Title IX;
All other employees at The College that are not designated as confidential resources.

The following officials at The College may provide confidentiality:

Counseling through the Wellness Center
Health Services through the Wellness Center.

There are other confidential options available for crisis intervention, resources and referrals, but these are not reporting mechanisms to the institution, meaning that disclosure on a call to one of these hotlines does not provide any information to The College.

Complainants are encouraged to additionally contact a campus confidential or private resource so that The College can take appropriate action in these cases. Some resources for confidential disclosure NOT to the institution are:

The New York State Office for the Prevention of Domestic Violence hotlines: http://www.opdv.ny.gov/help/dvhotlines.html. Additional disclosure and assistance options that can be found and are presented in several languages can also be found here: http://www.opdv.ny.gov/help/index.html (or by calling 1-800-942-6906).
Surv/Justice: http://survjustice.org/our-services/civil-rights-complaints/;
Legal Momentum: https://www.legal momentum.org/;
NYSCASA: https://nyscasa.org/responding;
NYSCADV: http://www.nyscadv.org/;
Pandora’s Project: http://www.pandys.org/lgbtsurvivors.html;
GLBTQ Domestic Violence Project: http://glbtqdvp.or/;
RAINN: https://www.rainn.org/get-help; and
Safe Horizons: http:/www.safehorizons.org/.

Privacy vs. Confidentiality

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 The College offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be related 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. The College will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

At the First Instance of Disclosure of a Report

The College shall ensure that, at a minimum, at the first instance of disclosure by a Complainant to a College representative, the following information shall be presented to the Complaint: “You have the right to make a report to university police or campus security, local law enforcement, and/or state police or choose not to repot; to report the incident to your institution; to be protected by the institution from Retaliation for reporting and incident; and to receive assistance and resources from your institution.”

XI. Supportive and Interim Measures

Providing Supportive Measures

Complainants who report allegations of Sex-Based Harassment have the right to receive supportive measures from The College regardless of whether they file a complaint. Supportive measures are non-disciplinary and non-punitive. Supportive measures may vary depending upon what is reasonably available at the College.

As appropriate, supportive measures may include without limitation:

Counseling Services;
Extensions of deadlines or other course-related adjustment;
Modifications of work or class schedules;
Campus escort services, as available;
Restrictions on contact applied to one or more Parties (No Contact Directives);
Changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative;
Leaves of absence;
Increased security and monitoring of certain areas of the campus.
Training and education programs related to Sex-Based Harassment;
Assistance by The College’s public safety, if applicable, or other officials in obtaining an order of protection or, if outside of New York state, an equivalent protective or restraining order.

Supportive measures must not unreasonably burden either Party and must be designed to protect the safety of the Parties or The College’s educational environment, or to provide support during The College’s Sex-Based Harassment Grievance Procedures under this policy or during the informal resolution procedure.

The College may modify or terminate supportive measures at the conclusion of the Grievance

Procedures or at the conclusion of the informal resolution process, or may continue them beyond that point within The College’s discretion.

The College will not disclose information about any supportive measures to persons other than the person to whom they apply, including informing one Party of supportive measures provided to another Party, unless necessary to provide the supportive measure or restore or preserve a Party’s access to The College’s Education Program or Activity, or there is an exception that applies such as:

The College has obtained prior written consent from a person with the legal right to consent to the disclosure;
When the information is disclosed to an appropriate third party with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;
To carry out the purpose of the policy when it is necessary to address conduct that reasonably may constitute Sex-Based Harassment under Title IX in The College’s Education Program or Activity;
As required by Federal law, federal regulations, or the terms and condition of a federal award; or
To the extent such disclosures are not otherwise in conflict with Title IX, when required by State or local law or when permitted under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g, or its implementing regulations, 34 CFR Part 99).

Note on Orders of Protection and their equivalent. The College must provide a copy of the order of protection or equivalent when it is received ty The College, and Parties shall have the opportunity to meet or speak with the Title IX Coordinator, who can explain the order and answer questions about it, including information from the order about the Accused’s/Respondent’s responsibility to stay away from the protected person or persons. Parties are entitled to an explanation of the consequences for violating these orders, including without limitation, arrest, additional conduct charges, and interim suspension or emergency removal, as applicable. A Complainant is also entitled to receive assistance from Public Safety in effecting an arrest when an individual violates an order of protection or, if Public Safety does not possess arresting powers, then to call on and assist local law enforcement in effecting an arrest for violating such order, in accordance with limits on current law enforcement jurisdiction and procedures.

Process for Review of Supportive Measures

The College provides for a Complainant or Respondent to seek modifications or reversal of The College’s decision to provide, deny, modify or terminate a supportive measure. Grounds for challenging of supportive measures include, but are not limited to:

Whether a supportive measure is reasonably burdensome;
Whether a supportive measure is reasonably available;
Whether a supportive measure is being imposed for punitive or disciplinary reasons;
Whether the supportive measure is being imposed without fee or charge; and
Whether the supportive measure is effective in meeting the purposes for which it is intended, including to restore or preserve access to the Education Program or Activity, provide safety, or provide support during the Grievance Procedure.

This review will be conducted by an impartial employee of The College, who is not make the challenged decision on the original supportive measure request. The impartial employee of The College who makes this determination will have the authority to modify or reverse the decision if that impartial employee determines that the decision to provide, deny, modify or terminate the supportive measure was inconsistent with the procedures as outlined above for providing supportive measures in accordance with the Title IX regulation.

Parties are only allowed to challenge their own individual supportive measures. Challenges by one Party will not be heard to supportive measures afforded to the opposite Party, unless that supportive measure directly impacts the party making such a challenge (i.e., two-way no contact directives).

Emergency Removal

The College retains the authority to remove a Respondent from all or part of The College’s Education Program or Activity on an emergency basis, where The College (1) undertakes an individualized safety and analysis, and (2) determines that an imminent and serious threat to the health or safety of a Complainant or any student, employees, or otherer persons arising from the allegations of Sex-Based Harassment justifies removal.

The College will provide the Respondent with notice and an opportunity to challenge the decision immediately following the removal. This review will be conducted by an impartial employee of The College, who did not make the challenged decision on the original removal who shall have the authority to reverse the decision to remove.

Emergency removals will not be considered Relevant evidence that can be considered in reaching a determination of whether Sex-Based Harassment occurred.

Administrative Leave

The College retains the authority to place a non-student employee Respondent on administrative leave during the Grievance Procedure, consistent with relevant employee handbook/collective bargaining agreements and other laws.

Note on Student Employees

When a Complainant or Respondent is both a student and an employee of the College, The College must make a fact-specific inquiry to determine whether this procedure applies to that student employee. The College will consider if the Complainant or Respondent’s primary relationship with The College is to receive an education and whether the alleged Sex-Based Harassment occurred while the Party was performing employment-related work.

XII. The Title IX Grievance Procedure for Sex-Based Harassment Occurring Between Students

A. Filing a Complaint

Who can make a Complaint?

A Complainant (as defined in Section VI(6) if this Grievance procedure) or
The Title IX Coordinator.

Note on Title IX Coordinator initiated Complaints: In the absence of a Complaint or the withdrawal of any or all allegations in a Complaint, and in the absence or termination of an Informal Resolution process, the Title IX Coordinator must determine whether to imitate a Complaint of Sex-Based Harassment. This determination is fact-specific, and the Title IX Coordinator must consider:

The Complainant’s request not to proceed with the initiation of a Complaint;
The Complainant’s reasonable safety concerns regarding initiation of a Complaint
The risk that additional acts of Sex-Based Harassment would occur if a complaint is not initiated;
The severity of the alleged Sex-Based Harassment, including whether the Sex-Based Harassment, if established, would require the removal of a Respondent from campus or imposition of another Disciplinary Sanction to end the Sex-Based Harassment and prevent its recurrence;
The age and relationship of the Parties, including whether the Respondent is an employee of The College;
The scope of the alleged Sex-Based Harassment, including information suggesting a pattern, ongoing Sex-Based Harassment, or Sex-Based Harassment alleged to have impacted multiple individuals;
The availability of evidence to assist a decisionmaker in determining whether Sex-Based Harassment occurred; and
Whether The College could end the alleged Sex-Based Harassment and prevent its recurrence without initiating this Grievance Procedure.

If after considering these and other Relevant factors, the Title IX Coordinator determines that the conduct as alleged presents as an imminent and serious threat to the health or safety of the Complainant or other person, or that the conduct as alleged prevents The College from ensuring equal access on the basis of sex to its Education Program or Activity, the Title IX Coordinator may initiate a Complaint.

If the Title IX Coordinator does initiate the Complaint after making this determination, the Title IX Coordinator must notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complaint’s safety tor the safety of others, including by providing Supportive Measures as listed in Section VI of this Grievance Procedure.

Is there a particular format that the Complaint needs to be in?

As defined in VI(6) of this Grievance Procedure, a Complaint can be an oral or written request to The college that objectively can be understood as a request for The college to investigate and make a determination about alleged Sex-Based Harassment at the institution.

Who can I report a Complaint to?

Any reports of Sex-Based Harassment may be made directly to the Title IX Coordinator, whose contact information is listed at the beginning of this Grievance Procedure. There are other ways in which a Party may report a Complaint including, but not limited to, reporting the incident to Public Safety.

The College requires that any employee who is not a Confidential Employee must notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute Sex Discrimination, including Sex-Based Harassment.

Note: If an employee has personally been subject to conduct that reasonably my constitute Sex Discrimination, including Sex-Based Harassment, under Title IX or any institutional policy or this Grievance Procedure, these requirements do not apply to an employee reporting a personal Complaint.

What is the timeframe for The College to evaluate if the Title IX Coordinator is initiating an investigation under this Grievance Procedure?

The Title IX Coordinator must evaluate whether the Compliant falls under this Grievance Procedure within 30 days after the compliant is made, and must issue the Notice of Allegations as soon as practicable after the Compliant is evaluated. If there are any delays or extensions, the Title IX Coordinator must appropriately notice the parties in writing, on a case-by-case basis, with good cause and the rationale for the extension or delay.

Can I make a Complaint and request initiation of the Grievance Procedure even if I have made a complaint to law enforcement?

Yes. The College has an obligation to appropriately evaluate all Complaints, regardless of whether there is concurrent complaint before law enforcement. This process is an administrative process that is different from the criminal justice process. Per New York state law, it is required that The College’s process run concurrently with a criminal justice investigation and proceeding, however, temporary delays are allowed as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than ten days except when law enforcement specifically requests and justifies a longer delay.

B. Multiple-Party Situations and Consolidation of Complaints

The college may consolidate complaints alleging Sex-based 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 Sex-Based harassment arise out the same facts or circumstances.

The College can consider factors when making this fact-specific determination, which include, but are not limited to:

The facts and circumstances of the particular complaints when deciding whether to consolidate, including the toll of separate proceedings on the Parties; and
Any risks to the fairness of the investigation or outcome.

C. 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 Title IX Grievance process will be applied to investigation and adjudication of all of the allegation.

D. Dismissal of a Complaint

Grounds for Dismissal

The College may dismiss a complaint of Sex-Based Harassment for any one of the following reasons:

The College is unable to identify the Respondent after taking reasonable steps to do so;
The Respondent is not participating in The College’s Education Program or Activity and is not employed by The College
The Complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint under these procedures, and The College determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the compliant, if any, would not constitute Sex-Based Harassment under Title IX or this Grievance Procedure even if proven; or
The College determines that the conduct alleged in the compliant, even if proven, would not constitute Sex-Based Harassment under Title IX or these procedures. Note: The College must make reasonable efforts to clarify the allegations with the Complainant before dismissing under this basis.

Notice of Dismissal

If The College dismisses a complaint, The College is required to promptly notify the Complainant of the basis for dismissal.

If the dismissal of the complaint occurs before a Notice of Allegations is issued to the Respondent, the Title IX Coordinator does not need to notice the Respondent at that time. However, if the Complainant appeals the dismissal, the Respondent will need to be noticed of the compliant allegations and given an opportunity to respond to the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then The College must notify the Respondent and Complainant of the dismissal and the basis for the dismissal in writing, via HVCC email.

It should be noted that the dismissal of a Title IX Complaint does not necessarily mean no other action will be taken on the part of The College. The behavior may still be a violation of Campus Regulations or The College’s written policies for employees. In those cases, though the Title IX Complaint may be dismissed, the investigation and procedure will be routed to the appropriate office.

Appeal rights must also be outlined in any notification of dismissal of a complaint as included below under Appeals of Dismissals.

Appeals of Dismissals

The College must notify the Complainant that a dismissal may be appealed and provide the Complainant with an opportunity to appeal the dismissal of a complaint on the following grounds.

Procedural irregularity: procedural irregularity that affected the outcome of the matter (i.e., a failure to follow The College’s own policy to a degree that had material effect on the outcome of the matter);
New evidence: New evidence that would change the outcome and that was not reasonably available when the determination whether Sex-Based harassment occurred or dismissal of the complaint was made; and
The Title IX Coordinator, investigator(s), or decision maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome of the matter.

If the dismissal occurs after the Respondent has been notified of the allegations, then The College must also notify the Respondent that the dismissal may be appealed on the grounds set out above.

The submission of an appeal stays any sanctions for the pendency of an appeal. Supportive measures and remote learning opportunities (if appropriate) remain available during the pendency of the appeal.

If a Party appeals, The College will as soon as practicable notify the other Party in writing via HVCC email whenever possible, 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 files an appeal.

Appeals may be not longer than five (5) pages and must be received by the Title IX Coordinator within seven (7) days of receipt of the written opinion. Written opinions, and all notices under this procedure, shall be made through HVCC email, whenever possible. Notice of a decision is the date it is transmitted though HVCC email, if that form of communication is available.

Appeals will be decided by a panel of up to 3 members, who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decisionmaker in the same matter. Outcome of an appeal will be provided via HVCC email, in writing simultaneously to both Parties and include rationale for the decision.

E. Notice of Allegation

Upon initiating The College’s Grievance Procedures, the Title IX Coordinator shall provide a notice of allegations in writing via HVCC email whenever possible to the Parties whose identities are known. Such notice will occur as soon as practicable after The College receives a complaint or within seven (7) days unless there are no extenuating circumstances.

What does the Notice of Allegations include?

The written Notice of Allegations must include:

The College’s Grievance Procedures and the Informal Resolution Process where it may be applicable.
Sufficient information available at the time of the issuance of the Notice of Allegations to allow the Parties to respond to the allegations, which includes the identities of the Parties involved in the incident(s), the conduct alleged to constitute Sex-Based Harassment under the Grievance Procedures, and the date(s), and locations(s) of the alleged incident(s) to the extent that information is available to The College.
A statement that the Parties are entitled to an equal opportunity to access the Relevant and not otherwise impermissible evidence.
As statement that the Respondent is presumed not responsible for the alleged Sex-Based Harassment until a determination is made at the conclusion of The College’s Grievance Procedure and that prior to the determination, the Parties will have an opportunity to present Relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker or to participate in an Informal Resolution Process, where appropriate.
Parties may have an advisor of their choice, and that the advisor may be, but is required to be, an attorney;
The College considers making a false statement to any investigator or submitting false information a violation of Campus Regulations 5.3.20 and 5.3.21.
If, in the course of an investigation, The College decides to investigate additional allegations of Sex-Based Harassment by the Respondent toward the Complainant or any other person, that are not included in the original written Notice of Allegations provided, The College is required to provide another written notice of any additional allegations to the Parties whose identities are known.

What if I have safety concerns about a Notice of Allegations being issued to a Respondent?

To the extent that The College has reasonable concerns for the safety of any person as a result of providing a written Notice of Allegations, The College, through the Title IX Coordinator, may reasonably delay providing the written Notice of Allegations in order to address the safety concern appropriately. Reasonable concerns must be based on individualized safety and ris analysis and not on merer speculation or stereotypes.

F. Advisor of Choice and Participation of Advisor of Choice

A Party’s advisor of choice may accompany the Party to any meeting or proceeding, and The College cannot limit the choice of who that advisor may be or their presence for the Parties in any meeting or proceeding. However, The College has adopted the SUNY Model Rules of Decorum and all advisors must comply if they are to participate.

G. Investigation

General Rules of Investigation

The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will perform an investigation of the conduct alleged to constitute Sex-Based Harassment in a reasonably prompt timeframe, after issuing the Notice of Allegations.

The College, and not the Parties, has the burden to conduct an investigation that gathers sufficient evidence to determine whether Sex-Based Harassment occurred under this Grievance Procedure. 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 the investigation or hearing. This does not shift the burden of proof away from The College, and does not indicate responsibility.

The College 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. The College will provide an equal opportunity for the Parties to present witnesses, including fact and expert witnesses, and other inculpatory or exculpatory evidence, as described below.

Notice of Participation

The College will provide written notice of the date, time, location, participants, and purpose of all meetings or procedures with sufficient time for the Party to prepare to participate, if a Party is invited or expected to participate in any such meeting or proceeding. All notices will be made through HVCC email, whenever possible.

Advisors of Choice and Participation of Advisors of Choice

The College will provide the Parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of the advisor for the Complainant or Respondent in any meeting or proceeding, provided they abide by the SUNY Model Rules of Decorum.

Advisors may only act in an advisory capacity. No advisor may speak for a Party. The advisor can pass notes to or speak quietly to the Party but cannot speak directly to the decisionmaker or give evidence or testimony to be taken into the record. Therefore, if a student wishes their advisor to be a witness, they should seek an alternative advisor who may remain with them during the duration of any hearing.

Expert Witnesses

Parties may present expert witnesses as part of an investigation.

Parties are allowed to call “expert witnesses” for direct examination and credibility assessment by the hearing board. While the expert witness will be allowed to testify, the decisionmaker will be instructed to afford lower weight to the non-factual testimony of the expert relative to the fact witnesses, and an 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 all Parties present expert witnesses.

Access to and Review of the Investigative Report

The College will provide each Party and their advisors of choice with an equal opportunity to access and review an accurate description of the Relevant evidence collected throughout the investigation that is not otherwise impermissible and/or access to the Investigative Report.

Relevant evidence and/or the Investigative Report shall remain the property of The College. Parties and their advisors will be given equal access to review the Relevant evidence and/or the Investigative Report, to respond to the Relevant evidence or the Investigative Report, and to add additional Relevant Evidence prior to any live hearing.

The College specifically prohibits the disclosure, duplication, photocopying, photographing, recording, or dissemination of the contents of The College’s investigation and shall take reasonable steps to ensure that this information is protected. The unauthorized disclosure, duplication, photocopying, photographing, recording, or dissemination of The College’s investigation, evidence, or the investigative report is considered a violation of Campus Regulations 5.2, 5.3.2, 5.3.3, 5.3.14, 5.3.15, 5.3.20 and/or other relevant sections.

Note: Disclosures of information and evidence for purposes of administrative proceedings or litigation related to the complaint of Sex-Based Harassment are authorized and not considered unauthorized.

Relevant Evidence

Evidence is Relevant when it is related to the allegations of Sex-Based Harassment under investigation as part of this Grievance Procedure.

Questions are Relevant when they seek evidence that may aid in showing whether the alleged Sex-Based Harassment occurred, and evidence is Relevant when it may aid a decisionmaker in determining whether the alleged Sex-Based Harassment occurred.

Impermissible Evidence

The following types of evidence, and questions seeking that evidence, are excluded as impermissible (I.e., must not be accessed or considered, except by The College to determine whether an exception applies, must not be disclosed, and must not otherwise be used) regardless of whether they are Relevant:

Evidence that is protected under a privilege as recognized by Federal or State law or evidence provided to a Confidential Employee, unless that person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
A Party’s or witnesses’ records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness unless The College obtains that Party’s or witnesses’ voluntary, written consent for use in The College’s Grievance Procedures; and
Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove Consent to the alleged Sex-Based Harassment. Note: the fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s Consent to the alleged Sex-Based Harassment or preclude determination that Sex-Based Harassment occurred.

Timeframes

Generally, an investigation shall take no more than 90 days to complete. If there are any delays or extensions, the Title IX Coordinator must appropriately notice the parties, in writing, via HVCC email whenever possible, as detailed below.

Extensions and Delays

The College allows for the reasonable extension of timeframes on a case-by-case basis for good cause with written notice to the Parties, via HVDD email whenever possible, that include the reason for the extension or delay.

H. Live Hearing

General Rules for Live Hearings

For more information on the processes of live hearings, please visit The College’s Judicial System found on our website, in our Catalog and in the Student Handbook. If there is a conflict between those published policies and this policy, this Title IX Grievance Policy shall supersede any other College policies.

The College will not issue a finding or disciplinary sanction arising from an allegation of Sex-Based Harassment without holding a live hearing unless the matter has been otherwise resolved through an informal resolution process as outlined in this Grievance Procedure.

The live hearing may be conducted with the Parties physically present in the same geographic location. The College has the discretion to conduct the live hearing with the Parties physically present in separate locations, with technology enabling the decisionmaker and Parties to simultaneously see and hear the Party or witness while that person is speaking. A Party may also request this option prior to the hearing.

The College shall create an audio or audiovisual recording or transcript of any live hearing and make it available to the Parties for inspection and review.

Participants in the Live Hearing

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

Complainant and Respondent (The Parties), if they choose to participate;
Witnesses when they are testifying only;
The Decisionmaker, which may be up to three (3) specially trained individuals or may be a single decisionmaker who has been specially trained;
Advisors of Choice, who must abide by the SUNY Model Rules of Decorum and this policy;
An investigator or discipline officer who is presenting the case on behalf of The College; and
The Title IX Coordinator and/or Campus Judicial Coordinator.

Hearing Procedures

For all live hearings conducted, the decisionmaker or The Title IX Coordinator or The Campus Judicial Coordinator will open and establish rules and expections for the hearing. The Parties will each be given an opportunity to provide opening statements. Questioning of the Parties and witnesses will occur according to the procedures below.

Questioning Parties or Witnesses

During a live hearing, each Party is allowed to ask Relevant and not otherwise impermissible questions and follow-up questions of the Parties and witness through the decisionmaker. No questioning to another Party or witness will be conducted by a party personally.

Procedures for Decisionmaker’s Evaluation of Questions and Limitations on Questions

The decisionmaker will determine whether a proposed question is Relevant and not otherwise impermissible as described in this Grievance Procedure, prior to the question being posed, and will explain any decision to exclude a question as not Relevant or otherwise impermissible.

If a decisionmaker determines that a Party’s question is Relevant and not otherwise impermissible, then the question must be asked unless such question is unclear or harassing to the Party or witness being questioned. The decisionmaker must give a Party an opportunity to clarify or revise a question the decisionmaker has determined is unclear or harassing and, if the Party sufficiently clarifies or revises a question so that tit is no longer unclear or harassing, the question must be asked.

Refusal to Respond to Questions and Inferences Based on Refusal to Respond to Questions

A decisionmaker may choose to place less or no weight upon statements by a Party or witness who refuses to respond to questions deemed Relevant and not impermissible.

The decisionmaker must not draw an inference about whether Sex-Based Harassment occurred based solely on a Party’s or witness’s refusal to respond to such questions.

Continuances or Granting Extensions

The College may determine that multiple sessions or a continuance (a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, The College 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.

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 decisionmaker will consider this request and make a determination regarding (1) whether such evidence or witness testimony was actually unavailable by reasonable effort prior to the hearing and (2) 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 those questions by the preponderance of the evidence. If the decisionmaker answers in the affirmative to both question, or if the other party consents to the evidence or the witness, then the Parties will be granted a reasonable pause in the hearing to review the evidence or prepare for questioning of the witness.

I. Determination Regarding Responsibility and Sanctioning

Standard of Proof

The College uses the preponderance of the evidence standard of proof to determine whether or not Sex-Based Harassment occurred. This means that the investigation and hearing determine whether it is more likely than not that a violation of the Grievance Procedure occurred.

General Considerations for Evaluating Evidence and Testimony

The decisionmaker is required to evaluate Relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that Sex-Based Harassment occurred, whatever the quantity of the evidence is, the decisionmaker must not determine that Sex-Based Harassment occurred.

Determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual, and digital evidence, as warranted in the reasoned judgment of the decisionmaker.

Decisionmakers shall not draw inferences regarding a party or witness’s credibility based on the Party or witness’ status as Complainant, Respondent, or witness, nor shall it base its judgments on 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. However, credibility judgments should not rest on whether a Party or witness’s testimony is non-linear or incomplete, or if the Party or witness is displaying stress or anxiety.

Decisionmakers 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.

A witness’ testimony regarding third-Party knowledge of the facts at issue will be allowe, but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred.

Possible Sanctions

Remedies or sanctions could include:

Dismissal from the college*; and/or
Suspension from the college for 10 days, 20 days, 30 days or 60 days or 1 semester, 2 semesters, 3 semesters, 4 semesters or 5 semesters*; and/or
Removal from a course, course of study or major; and/or
Removal from a club or organization; and/or
Removal from a work study or other employment position at the college; and/or
Complete denial of access to college buildings, locations, or areas for a period of 1 day through 4 years; and/or
Complete denial of access to college sponsored activities or programs for a period of 1 day through 4 years; and/or
The writing of essays; and/or
Community Service; and/or
Letters of Apology; and/or
Financial Restitution.

* for dismissals and suspensions, please see the transcript notation policy below or in the College’s Judicial System section 6.8.14.

Communications of the Determination in Writing

All determinations on whether Sex-Based Harassment occurred will be communicated to the Parties in writing, simultaneously, using HVCC email whenever possible.

The written determination will include:

A description of the alleged Sex-Based Harassment;
Information about the policies and procedures that The College used to evaluate the allegation;
The decisionmaker’s evaluation of the Relevant evidence and determination on whether Sex-Based Harassment occurred;
Any Disciplinary Sanctions The College will impose on the Respondent, whether Remedies other than the imposition of Disciplinary Sanctions s will be provided by The College to the Complainant, and, to the extent appropriate, other students identified by The College to be experiencing the effects of Sex-Based Harassment, if there is a finding that Sex-Based Harassment occurred; and
The College’s procedures for Complainant and Respondent to appeal.

Timeline of Determination Regarding Responsibility

If there are not extenuating circumstances, the determination regarding responsibility will by issued by The College with 10 school days of the completion of the hearing.

Determination of Disciplinary Sanctions After a finding of Responsibility

Per New York State law, past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary stage that determines sanction. However, it is not admissible prior to determination of responsibility.

In addition, the Complainant will have and opportunity to make an impact statement during the point of the proceeding where the decisionmaker is deliberating on appropriate sanctions.

Finality of Determination

The determination regarding responsibility becomes final either on the date that The College provides the Parties with the written determination of the result of any appeal, or, if no Party appeals, the date on which an appeal would no longer be considered timely.

Disclosures of Outcome by the Parties

The Complainant and Respondent have the right to choose whether to disclose or discuss the outcome of a conduct or judicial process related to sexual assault, dating violence, domestic violence or stalking.

The Complainant and Respondent have the right to have all information obtained during the course of the conduct or judicial process be protected from public release unless required by law.

J. Appeals

Grounds for Appeal

Each Party may appeal a determination regarding responsibility. To appeal, a Party must submit their written appeal within seven (7) days of being notified of the decision, indicating the grounds for the appeal.

For appeals resulting from dismissal of a complaint, please see the section on Dismissal of Complaints.

Grounds for Appeal

The limited grounds for appeal available are as follows:

Procedural irregularity that would change the outcome;
New evidence that would change the outcome and that was not reasonable available when the determination whether Sex-Base Harassment occurred or dismissal was made; or
The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome.

Additional Procedures for Appeal Process

The College will notify the Parties of any appeal, provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome, and will notify the Parties of the result of the appeal and the rationale for the result.

The submission of an appeal stays (or pauses) any sanctions for the period during which an appeal determination is being assessed. Supportive measures and remote learning opportunities remain available, where applicable, while an appeal is being deliberated and before a final decision has been make.

Appeals will be decided in accordance with College policy and law and will be decided by trained members who will be free of conflict of interest and bias, and will not serve as investigatory, Title IX Coordinator, or hearing decisionmaker in the same matter.

K. Informal Resolution Process

Procedures for Entering the Informal Resolution Process

At any time prior to determining whether Sex-Based Harassment occurred under this Grievance Procedure, including prior to making a Complaint, Parties may instead seek The College’s assistance to resolve allegations of Sex-Based Harassment, and may elect to enter the informal resolution process.

The Parties may voluntarily elect to enter The College’s informal resolution process at any time through an informed written consent. This informed written consent will include all terms of the elected informal process, including a statement that any agreement reached through this process is binding on the Parties.

No Party may be required to participate informal resolution and The College may never condition enrollment, employment, or enjoyment of any other right or privilege upon agreeing to informal resolution.

The Parties may elect to leave the informal resolutions process at any point until the informal resolution process is concluded. IF a Party elects to leave the informal resolution process, the Grievance Procedure that the Parties paused will continue. In participating in the informal resolution process, the parties understand that the timeframes governing the Grievance Procedure will temporarily cease, and only reinstate upon reentry into the Grievance Procedure.

Supportive Measures will be available, or continue to be available if already provided, during an informal resolution process, if elected to proceed. The Title IX Coordinator will also, to the extent necessary, take other appropriate prompt and effective steps to ensure that Sex-Based Harassment does not continue or recur within The College’s Education Program or Activity.

Notice Prior to Entry Into Informal Resolution Process

Before the initiation of an informal resolution process, the Title IX Coordinator must provide to the Parties a written notice that explains:

The allegations;
The requirements of the informal resolution process;
That, prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and to initiate or resume The College’s Grievance Procedures;
That the Parties’ agreement to a resolution at the conclusion of the informal resolution process would preclude the Parties from initiating or resuming The College’s Grievance Procedures arising from the same allegations;
The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties; and
What information the College will maintain and whether and how The College could disclose such information for use in its Grievance Procedures if they are initiated or resumed.

Even where the Parties agree to submit a matter to the informal resolution process, The Title IX Coordinator. At their own discretion, may not approve the decision to move the matter into the informal resolution process and may determine that informal resolution is not appropriate under the circumstances.

In making that determination, the Title IX Coordinator may consider factors including, but not limited to: the gravity of the allegations, whether there is an ongoing threat of harm or safety to the campus, whether the Respondent is a repeat offender, whether the alleged conduct would present a future risk of harm of the Parties or others, and whether the Parties are participating in good faith. This decision is not subject to appeal.

Role of the Facilitator

No facilitator may be the same person as an investigator or a decisionmaker in this Grievance Procedure. No person designated to facilitate informal resolution may have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complaint or Respondent. The Title IX Coordinator may serve as the facilitator provided they are not also the investigator in the instant matter.

All facilitators must have specialized training, required by law and regulation. Such training includes:

The College’s obligations to address sex discrimination, including Sex-Based Harassment, in its Education Program or Activity;
The scope of conduct that constitutes sex discrimination, including Sex-Based Harassment, under Title IX, including the definition of Sex-Based Harassment;
All applicable notification and information requirements related to parental, family, or marital status, including pregnancy and related conditions, and The College’s respond to sex discrimination;
The rules and practices associated with The College’s informal resolution process; and
How to serve impartially, including by avoiding conflict of interest and bias.

Contents of Informal Resolution Agreements

Potential terms that may be included in an informal resolution agreement between the Parties include but are not limited to:

Restrictions on contact; and
Restrictions on the Respondent’s participation in one or more of The College’s education programs or activities or attendance at specific events, including restrictions The College could have imposed as Remedies or Disciplinary Sanctions had The College determined at the conclusion of the Grievance Procedures that Sex-Based Harassment occurred.

Breach of Informal Resolution Agreements

If a party breaches the resolution or if The College has other compelling reasons, such as if it learns of any fraud by a Party in entering into the agreement, The College may void the agreement and initiate or resume the Grievance Procedures or may seek other remedies for violations of Campus Regulations including, but not limited to 5.1, 5.2.2, 5.2.3, 5.3.13, 5.3.14, 5.3.15 and/or 5.3.20 under the Judicial System.

Administrative Resolution

Should the Parties mutually determine to enter the informal resolution process, and the Respondent elects to accept responsibility for the allegations of the compliant at any point during the informal resolution process, the institution may administratively resolve the complaint. Where the Respondent admits responsibility, and no sanctions has been agreed to, the matter may be referred to a decisionmaker to determine the appropriate sanction consistent with hearing rights outlined in this policy, including the right to present evidence, have an advisor of their choice and other rights afforded to both Parties under the Grievance Procedure.

XIII. Transcript Notations

For crimes of violence, including, without limitation, sexual violence, defines as crimes that meet the reporting requirements pursuant to the Clery Act (20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII)), The College is required to make a notation on the transcript of a student found responsible for suspension or expulsion per The College’s Transcript notation policy found in our Judicial System Section 6.8.14 which reads as follows:

Transcript Notation. Pursuant to statute, HVCC must note the transcript of any individual found to have committed any act of homicide, sexual offenses, robbery, aggravated assault, burglary, motor vehicle thefts, arson, possession or use of weapons, drug abuse violations or liquor law violations as well as any acts of larceny, simple assault, intimidation, destruction or vandalism of property that is designated at as Hate Crime. Definitions used for these acts can be found in the FBI Uniform Crime Reporting Handbook. If a student is suspended for any of the aforementioned acts, the transcript will be noted, “Suspended after a finding of responsibility for a code of conduct violation” and shall remain noted for a minimum of 1 year after the conclusion of the suspension. If a student is expelled for any of the aforementioned acts, the transcript will be noted, “Expelled after a finding of responsibility for a code of conduct violation” and that notation cannot be removed. If a student withdraws from classes during the disciplinary process, the transcript will be noted, “Withdrew with conduct charges pending.

XIV. Retaliation

When The College has information about conduct that reasonably may constitute Retaliation under Title IX or its Grievance Procedures, The College is obligated to initiate its Grievance Procedures.

The 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 complaint of Sex-Based Harassment or sex discrimination under The College’s Title IX Grievance Procedures, 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 statue, 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 The College’s Title IX Grievance Procedures. 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 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 The College’s Grievance Procedures.

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 Sex-Based Harassment, but that arise from the same facts or circumstances as a report or complaint of sex discrimination or a report or complaint of Sex-Based Harassment. Any member of our community accused of Retaliation will be subject to discipline procedures under the Judicial System or through other appropriate College systems.