In compliance with Title IX, NYS Article 129B and the Clery Act
Note: this page is currently under construction, for up to date information visit our Policies page to see the definitions associated with each policy.
Definitions for student and employee Title IX covered sexual harassment:
Covered Sexual Harassment or Sexual Harassment: For the purposes of this Title IX Grievance Procedure, “Covered Sexual Harassment” includes any conduct on the basis of sex that satisfies one or more of the following:
1. An employee conditioning the provision of an aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo);
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 institution’s education program or activity (i.e., hostile environment harassment). In evaluating whether a hostile environment exists, the institution will consider a number of factors, including, but not limited to: the frequency, nature, and severity of the conduct; whether the conduct was physically threatening; the effect of the conduct on the Complainant’s mental or emotional state; how the conduct affected the terms, conditions or privileges of employment or education; whether the conduct was directed at more than one person; whether the conduct arose in the context of other discriminatory conduct; whether there is a power differential between the parties; and whether the conduct implicates concerns related to academic freedom or protected speech;
3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving Consent. This includes the forcible sex offenses of rape and criminal sexual contact and the non-forcible sex offenses of incest and statutory rape. The applicable offenses are defined below:
a. 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, and
b. Criminal Sexual Contact: the intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation, or the forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation;
c. Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law;
d. Statutory rape: sexual intercourse with a person who is under the age of consent in New York State.
4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; and (iii) The frequency of interaction between the persons involved in the relationship.
5. Domestic violence (as defined in the VAWA amendments to the Clery Act and the Violence Against Women Act Reauthorization of 2022), which includes any felony or misdemeanor crimes of violence committed by a person who: (A) is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of New York, (B) who is cohabitating with 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.
6. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.
Note that conduct that does not meet one or more of these criteria may still be prohibited and subject to discipline under the Student Code of Conduct, action under the Discrimination Complaint Procedure, action under other SUNY Oswego policies and/or procedures, or the employee disciplinary process as described in the collective bargaining agreement.
Actual Knowledge: Notice of sexual harassment or allegations of sexual harassment to the institution’s Title IX Coordinator or any official of the institution who has authority to institute corrective measures on behalf of the recipient constitutes Actual Knowledge. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute Actual Knowledge. This standard is not met when the only official of the institution with Actual Knowledge is also the Respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the institution.
Campus shall be used for State-operated campuses and System Administration. This includes SUNY Oswego.
Complainant: For the purposes of this Title IX Grievance Procedure, Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute Covered Sexual Harassment.
Consent: For the purposes of this Title IX Grievance Procedure, “Consent” is 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 any 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, which occurs when an individual lacks the ability to knowingly choose to participate in a sexual activity. Incapacitation may be caused by 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 threat of harm. When consent is withdrawn or can no longer be given, sexual activity must stop.
Education Program or Activity: For the purposes of this Title IX Grievance Procedure, SUNY Oswego “Education Program or Activity” includes:
• Any on-campus premises
• Any off-campus premises that SUNY Oswego has substantial control over. This includes buildings or property owned or controlled by a recognized student organization.
• Activity occurring within computer and internet networks, digital platforms and computer hardware or software owned or operated by or used in the operations of SUNY Oswego’s programs and activities over which SUNY Oswego has substantial control. Cases outside of the United States do not fall within the jurisdiction of the Grievance Procedure. Refer to the section on jurisdiction below.
Employee Title IX Grievance Process means the procedures in Section II of this Procedure for Covered Sexual Harassment Complaints Involving Employee Respondents.
Formal Complaint: For the purposes of this Grievance Procedure, “Formal Complaint” means a document — including an electronic submission — filed by a Complainant/Reporting Individual with a signature or other indication that the Complainant/Reporting Individual is the person filing the Formal Complaint, or signed by the Title IX Coordinator, alleging Covered Sexual Harassment by a Respondent within SUNY Oswego’s Education Program or Activity and requesting initiation of the Title IX Grievance Procedure to investigate the allegation of Covered Sexual Harassment.
Relevant Evidence and Questions: “Relevant” evidence and questions refer to any questions and evidence that tends to make an allegation of sexual harassment more or less likely to be true. Relevant evidence is evidence that is available in a particular case that can be evaluated objectively. Relevant evidence includes, without limitation, the parties’ own statements, statements of witnesses, or other available evidence, including documentary and video evidence provided. “Relevant” evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of the Grievance Procedure:
• Evidence and questions about the Complainant’s sexual predisposition or prior sexual behavior unless:
o They are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or
o They concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove Consent.
• Evidence and questions that constitute, or seek disclosure of, information protected under a legally recognized privilege.
• Any Party’s medical, psychological, and similar records unless the Party has given voluntary, written Consent.
Respondent: For the purposes of this Title IX Grievance Procedure, Respondent means any individual who has been reported to be the perpetrator of conduct that could constitute Covered Sexual Harassment as defined under this Procedure. Reports and complaints regarding employees are handled under the separate procedure, which is identified above.
Reporting Individual: An individual who brings forward a report of conduct that may violate this Procedure. A Reporting Individual may, but need not, be the Complainant.
Supportive Measures: 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 SUNY Oswego’s Education Program or Activity without unreasonably burdening the other Party, including measures designed to protect the safety of all Parties or SUNY Oswego’s educational environment, or deter Sexual Harassment. Supportive Measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. SUNY Oswego must maintain as confidential any Supportive Measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the recipient to provide the Supportive Measures. The Title IX Coordinator is responsible for coordinating the effective implementation of Supportive Measures.
(end of Title IX covered definitions)
Related to Employee Policy, Section 1
Campus shall be used for State-operated campuses and System Administration. This includes SUNY Oswego.
Complainant is the individual bringing forward a complaint of Harassment, Discrimination and/or Retaliation.
Discrimination Complaint Administrator means the University official designated to receive, assess, and administer reports and complaints under Section I of this Procedure. SUNY Oswego may designate more than one DCA, as appropriate. Designation as a DCA does not alter any responsibility assigned by law or SUNY policy to a Title VI Coordinator, Title IX Coordinator, ADA/Section 504 Coordinator, or other designated official. When DCA is mentioned in this policy, it also may include any designee. For SUNY Oswego, current designee’s include Title IX Coordinator and the Deputy Title IX Coordinator, when sex discrimination and sexual and interpersonal violence cases are investigated and adjudicated under this policy.
Discrimination is the different treatment of an individual or group based in whole or in part, upon a factor prohibited by law that adversely affects the individual’s or group’s employment, education, access to or participation in a University program or activity, or other right or privilege protected by applicable law.
Discrimination may also result from failure of the University to provide reasonable accommodations to individuals when required due to the individual's disability, religion, pregnancy status, maternity, breastfeeding, transgender status, or sexual violence victim status, among others.
Harassment is a form of Discrimination consisting of oral, written, graphic or physical conduct relating to an individual's protected characteristics that has the effect of subjecting the individual to inferior terms, conditions or privileges of education or employment or interferes with or limits the ability of an individual to participate in or benefit from the University’s programs or activities. Such conduct must amount to more than petty slights or trivial inconveniences but need not be severe or pervasive. Such protected characteristics include those listed in the Summary section above and any other characteristic protected by applicable state or federal law.
Interim Measures are steps taken to stabilize the situation, prevent continuing misconduct, support the parties, and protect the integrity of the investigation. Whenever possible, Interim Measures will be structured so they do not disproportionately impact either party. Interim Measures for students may include, but are not limited to, information about how to obtain counseling and academic assistance in the event of sexual assault, and steps to take if the accused individual lives on campus and/or attends class with the complainant. Interim measures involving employees in collective bargaining units should be determined in consultation with SUNY Oswego Human Resources.
Party means a Complainant or Respondent.
Respondent is the individual or entity against whom a complaint has been filed. When a complaint is made against a group or entity, SUNY Oswego shall identify an appropriate representative to act on behalf of the Respondent.
Retaliation is an adverse action taken against an individual as a result of complaining about or providing information regarding unlawful discrimination or harassment, exercising a legal right, and/or participating in a complaint investigation as a third-party witness. Adverse action includes being discharged, disciplined, academically disadvantaged, discriminated against, subjected to harassment or intimidation, or otherwise subject to adverse action because the individual reports discrimination or participates in an investigation under this procedure.
Third Party means any person who is not a SUNY student or employee but who is participating in, attempting to participate in, or otherwise interacting with a SUNY-sponsored program or activity, including applicants for admission or employment, interns, volunteers, contractors, vendors, visitors, and other persons conducting business with SUNY.
Party means Complainant or Respondent.
Student Title IX Grievance Procedure means the applicable SUNY Oswego procedure for Covered Sexual Harassment complaints involving student Respondents.
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 SUNY Oswego’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the SUNY Oswego’s educational environment, or deter Sexual Harassment. Supportive Measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. SUNY Oswego must maintain as confidential any Supportive Measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the Supportive Measures. The Title IX Coordinator is responsible for coordinating the effective implementation of Supportive Measures.
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