Title IX & Nondiscrimination

1. Discrimination

Northeast defines discrimination as an educational or employment-related decision that disadvantages a person that occurs because of the affected individual’s race, color, religion, ethnic or national origin, gender, age, disability, predisposing genetic characteristics, sexual orientation, gender identity, self-identified or perceived sex, gender expression, transgender status, military or veteran’s status, marital status, or any other characteristic protected by applicable law.

Additionally, the policy prohibits discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom. This includes protections against the exclusion from academic and extracurricular engagement. Individuals who are pregnant or have a pregnancy related condition, are encouraged to contact the Title IX Coordinator who will arrange those measures appropriate for the party’s circumstances.

This policy does not apply to decisions relating to requests for reasonable accommodation due to a disability. Academic disability accommodations are handled by the office of Student Engagement and pursuant to that office’s policies. Work-related disability accommodations are handled by the Human Resources office and pursuant to that office’s policies and the Employee Handbook.

2. Harassment Generally

Northeast defines harassment as conduct that subjects and individual to inferior terms, conditions or privileges of employment or education and occurs on the basis of sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity or expression, race, color, religion, ethnic or national origin, age, disability, predisposing genetic characteristics, military or veteran’s status, marital status, or any other characteristic protected by applicable law. Whether harassment has occurred in violation of this policy depends on a consideration of all the circumstances, including the severity of the incident(s), whether the conduct was repeated, whether it was threatening or merely annoying, and the context in which the incident or interaction occurred.

Harassment may be verbal, visual, physical, or written in electronic or print form. Merely by way of illustration, harassing acts may include racial, ethnic or religious slurs; name-calling that demeans on the basis of age, disability, physically harming or threatening another due to racial or religious animosity; vulgar pictures or ethnically offensive symbols or writings; or gestures that mimic or mock a person’s disability, race or age.

The fact that a person was personally offended by a statement or incident does not alone constitute a violation of this policy. The determination is based on a “reasonable person” standard and takes into account the totality of the circumstances. Northeast considers the context of a communication or incident, the relationship of the individuals involved in the communication or incident, whether an incident was an isolated incident or part of a broader pattern or course of offensive conduct, the seriousness of the incident, the intent of the individual who engaged in the allegedly offensive conduct, and its effect or impact on the individual and the learning community. 

In all instances, a key factor is whether the complaint-of behavior occurred because of one of, and/or offended on the basis of one of, the protected characteristics listed here. If it did not, the behavior is not regulated by this policy. Nevertheless, Northeast reserves the right to discipline conduct that offends based on a protected characteristic even if the situation does not rise to the level of severity or pervasiveness to violate applicable law. 

Harassment when committed by an employee is a form of employee misconduct. With respect to harassment of employees, supervisors and managers who knew or should have known that harassment of their subordinates was occurring and failed to take responsive action may be subject to disciplinary action. A supervisor or manager who becomes aware of a situation that may constitute workplace harassment, including by witnessing the situation or receiving a complaint or report of harassment, is expected to notify the next level of supervision and the Title IX Coordinator.

3. Sexual Harassment & Other Forms of Sexual Misconduct

Northeast prohibits sexual harassment, sexual assault, domestic violence, dating violence, stalking and sexual exploitation (collectively referred to in this policy as “Sexual Misconduct”). Sexual misconduct may occur between any individuals, regardless of their sex, sexual orientation, or gender.

Northeast expects that any sexual activity or contact will be based on mutual affirmative consent to the specific sexual activity. All references to consent in this policy will mean affirmative consent as defined in this policy.

Sexual relationships between faculty and students and staff and students are problematic due to the inherent power differential. Therefore, sexual or romantic relationships between faculty and students and between staff and students are strongly discouraged. 

Definitions of Specific Sexual Misconduct Violations

This policy sets forth conduct expectations for our community and provides a process for the reporting, investigation and adjudication of alleged violations. This policy applies to alleged conduct violative of Title IX of the Education Amendments of 1972 (i.e., “Title IX Category” violations) and also applies to a broader range of contexts and behaviors inconsistent with the College’s commitment to equal opportunity.

A. Violations

The College prohibits the following behavior. For purpose of sex-based harassment violations, the below conduct is prohibited even if the conduct occurs off-campus, outside the United States, the Complainant is not participating or seeking to participate in the college’s education program or activity, or otherwise in circumstances over which the College does not have influence or control, including but not limited to during college academic breaks. The College retains discretion to not respond to, investigate or adjudicate circumstances in which no College interest is implicated.

1. Sexual harassment. Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:

   1. Quid pro quo harassment. An employee, agent, or other person authorized by Northeast to provide an aid, benefit, or service under Northeast’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;

   2. Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from Northeast’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:

      1. The degree to which the conduct affected the complainant’s ability to access Northeast’s education program or activity;
      2. The type, frequency, and duration of the conduct;
      3. The parties’ ages, roles within Northeast’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
      4. The location of the conduct and the context in which the conduct occurred; and
      5. Other sex-based harassment in Northeast’s education program or activity; or

   3. Specific offenses.

      1. Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation (see below);

      2. Dating violence meaning violence committed by a person:

         1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
         2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
            1. The length of the relationship;
            2. The type of relationship; and
            3. The frequency of interaction between the persons involved in the relationship;

      3. Domestic violence meaning felony or misdemeanor crimes committed by a person who:

         1. Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of Northeast, or a person similarly situated to a spouse of the victim;
         2. Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
         3. Shares a child in common with the victim; or
         4. Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or

      4. Stalking meaning 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 others; or
         2. Suffer substantial emotional distress.

2. Sexual assault. “Sexual assault” is a sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault consists of the following specific acts:

   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. This offense includes the rape of both males and females.
   2. Non-Consensual Sexual Contact. The touching of the private body parts (including genital area, anus, groin, buttocks or breast), whether under or over clothing, of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
   3. Incest. Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
   4. Statutory Rape. Non-forcible sexual intercourse with a person who is under the statutory age of consent. The statutory age of consent in New York is 17.

3. Sexual Exploitation: When one takes non-consensual sexual advantage of another. Examples of sexual exploitation include but are not limited to observing or recording others engaged in sexual or private activity (such as undressing or showering) without the consent of all involved; or taking intimate pictures of another but then distributing the pictures to others without the photographed person’s consent; or exposing one’s genitals in non-consensual circumstances; or having sex while knowingly infected with a transmissible disease and not informing one’s sexual partner.

4. Retaliation means intimidation, threats, coercion, or discrimination by any person, by the College, a Student, or an employee or other person authorized by the College to provide aid, benefit, or service under the College’s Education Program or Activity, for the purpose of interfering with any right or privileged secured by the policy, 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 policy, including an informal resolution process. 

   An act of retaliation may be anything that would tend to discourage an individual from reporting sexual misconduct, pursuing an informal or  complaint, or from participating in an investigation or adjudication as a party or a witness. A person who acts in good-faith is protected from retaliation. The fact that a statement is not determined to be proven or established following investigation and adjudication does not mean that the statement lacked good-faith; a person may provide inaccurate information believing it is accurate, which is still good-faith. If a person who makes a statement knowing that it is false, the person has acted without good-faith.  

4. General Definitions

Advisor of Choice. An advisor of choice is a person selected by the Complainant or Respondent to advise and accompany the Complainant or Respondent throughout the investigation and adjudication process. An advisor of choice may be any person, including an attorney. The institution does not appoint or pay for an advisor of choice. An advisor of choice’s role is limited to the functions further described in this policy.

Affirmative Consent. Affirmative 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 affirmative consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

Coercion. Coercion is a threat, undue pressure, or intimidation to engage in sexual activity. Coercion is more than an effort to persuade, seduce, entice, or attract another person to engage in sexual activity. A person’s words or conduct are sufficient to constitute coercion if they deprive another individual of the ability to freely choose whether or not to engage in sexual activity. 

Complainant. The term Complainant refers to the person who allegedly experienced the sexual misconduct in violation of the policy whether or not a complaint is filed. In some cases, the Title IX Coordinator may file a complaint and thereby initiate an investigation and adjudication process pursuant to this policy. In that instance, the Title IX Coordinator is not the “Complainant;” the complainant remains the person who allegedly experienced the sexual misconduct. A Complainant can be: (a) a student or employee who is alleged to have been subjected to conduct that could constitute sex-based discrimination (including harassment) as defined in this policy and who was participating or attempting to participate in the College’s Education Program or Activity; or (b) a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex-based discrimination (including harassment) under these grievance procedures and who was participating or attempting to participate in the College’s Education Program or Activity at the time of the alleged sex-based discrimination. 

Consent. As used in this policy, term “consent” always refers to “affirmative consent” (defined above). By way of further explanation, consent is free and informed permission. Consent given verbally is evidenced by affirmative agreement to engage in specific sexual activity. Consent through action is active participation in the specific sexual activity. Past consent to sexual activity cannot be presumed to be consent to engage in the same sexual activity in the future. Consent can be withdrawn at any time, and, if so, the sexual activity must cease.  Consent to some sexual activity (e.g., kissing, fondling) cannot be presumed consent for other sexual activity (e.g., intercourse). Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another.

Certain conditions prevent a person from being able to consent. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. A person cannot consent if they are unaware of the who, what, when and how of a sexual interaction.  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 or drugs or other intoxicants may be incapacitated and therefore unable to consent.

A person who has been drinking or using drugs is still responsible for ensuring that the person has the other person’s affirmative consent and/or appreciating the other person’s incapacity to consent. This means that, even if the accused was drunk or high and, as a result, did not realize that the other person was not consenting to or was unable to consent to sexual activity, the person who committed the non-consensual act is still responsible for having violated this policy. Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm.

Complaint. Complaint means an oral or written request to the College that objectively can be understood as a request to investigate and make a determination about alleged discrimination under Title IX or this policy.

Decisionmaker. The Decisionmaker is an impartial individual appointed by the Title IX Coordinator who is responsible for administering hearings under section J the this policy and rendering determinations regarding allegations of discrimination. The Decisionmaker’s duties include:

• Administering Hearings: Conducting live hearings in accordance with the College’s grievance procedures, ensuring that all parties have a fair and equitable opportunity to present their evidence and arguments.
• Evaluating Evidence: Reviewing all relevant evidence presented during the hearing, including testimony from the parties and witnesses, and making determinations about the relevance and admissibility of such evidence.
• Maintaining Impartiality: Ensuring that the hearing process is free from conflicts of interest or bias. The Decisionmaker must not have served as the Title IX Coordinator, investigator, or advisor to any party in the case, nor participate in any appeals related to the case.
• Rendering Determinations: Issuing a written determination regarding responsibility based on the preponderance of the evidence standard. This determination includes findings of fact, conclusions about whether the alleged conduct occurred, the rationale for the decision, and any disciplinary sanctions or remedies.
• Ensuring Compliance: Adhering to federal and state laws, as well as the College’s policies and procedures related to nondiscrimination, Title IX and sex-based harassment.

The Decisionmaker is required to undergo comprehensive training on the College’s Title IX procedures, the handling of evidence, and maintaining a fair and unbiased hearing process. This training ensures that the Decisionmaker is equipped to uphold the integrity and fairness of the Title IX grievance process.

Institution Advisor. A Complainant or Respondent who does not opt to be accompanied by an advisor of choice at a hearing to adjudicate sexual harassment allegations is entitled to be appointed an advisor by the College at no charge to the party. This advisor is referred to an “institution advisor” who may be but need not be an attorney. An institution advisor does not represent a party in any legal sense. 

Pregnancy or related conditions means

1. Pregnancy, childbirth, termination of pregnancy, or lactation;
2. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
3. Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Relevant. means related to the allegations of sex discrimination under investigation as part of this policy. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.

Reporting Party. The term Reporting Party refers to the person who made the report. This may or may not be the same as the Complainant, a witness, or a bystander.

Respondent. The term Respondent refers to the person alleged to have committed a violation of this policy.  

Restorative Practice. Restorative Practice means a practice relating to a specific harm that:

• is community-based and unaffiliated with any civil or criminal legal process; 
• is initiated by a victim of the harm; or
• involves, on a voluntary basis and without any evidence of coercion or intimidation of any victim of the harm by any individual who committed the harm or anyone associated with any such individual.

Shall include and has the goal of:

• that is responsive to the needs of one or more victims of the harm; and
• upon which one or more victims, one or more individuals who committed the harm, and the community can agree; and
• is conducted in a victim services framework that protects the safety and supports the autonomy of one or more victims of the harm and the community.

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 measured 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 Procedure for sex discrimination or during the informal resolution process.

Any College community member who has been affected by a violation of this policy has the right to make a report to Campus Security, 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 an incident; and to receive assistance and resources from the College. A Students’ Bill of Rights for cases involving sexual assault, domestic violence, dating violence or stalking is found at the end of this policy.

Confidential and Non-Confidential Resources

The College encourages any person who has experienced sexual assault or other forms of sexual misconduct to talk to someone about what happened, so they can get the support needed. There are a variety of confidential resources available to members of the College community. Some of these resources maintain near complete confidentiality; talking to them is sometimes called a “privileged communication.” A confidential resource does not reveal the information shared with them without the disclosing person’s consent. A non-confidential resource is a person who is permitted to share information with others with a need to know. A College employee who is a non-confidential resource will disclose to as few individuals as possible, but a non-confidential resource does not have the ability to promise that they will not tell others within the College about the information that has been shared with them.  

1. Confidential Resources

A victim or other person affected, including an accused student, is encouraged to seek support for their emotional and physical needs. A person seeking confidential emotional or health care may contact the following resources for services that are available to students free of charge:

Northeast Counseling Services	315-568-3064 counseling@northeastcollege.edu
Lifecare Medical Associates	315-539-9229
Safe Harbors of the Finger Lakes-Hotline	800-247-7273
F.F. Thompson Hospital (SAFE Nurse*)	585-396-6000
Domestic Violence Hotline (Ontario/Seneca County)	800-695-0390
Clifton Springs Hospital Mental Health Lifeline - Day	315-462-1080
Clifton Springs Hospital Mental Health Lifeline - Evening	800-310-1160
NYS Office of Victim Services	800-247-8035
NYS Domestic Violence Hotline	800-942-6906

* Sexual Assault Forensic Examiner Nurse (SAFE) can provide an exam whether you choose to report to police, or the College, or choose not to report at all.

These Confidential Resources can provide assistance and information regarding medical assistance and treatment (including information about sexually transmitted infections, and sexual assault forensic examinations), and resources available through the New York State Office of Victim Services, academic and other campus support options, campus disciplinary proceedings and law enforcement options. The on-campus resources listed above are the only confidential resources on campus; all other employees of Northeast should not be considered confidential.

A report to a Confidential Resource is not a report to the College and will not result in remedial action or an investigation or disciplinary action. Any person who desires remedial action (such as a change in housing, academic or work assignments) must contact one of the Responsible Administrators, listed below.

2. Reporting to the College

An individual may contact the Title IX Coordinator to obtain information about this policy and/or to file a report. No person need disclose details about an incident to obtain general information about the College’s policies and available resources. A reporting form is available online on the College’s website:

File a Complaint

Individuals may, but not need necessarily, utilize that reporting form. 

The following offices and individuals have been trained to receive and respond to allegations of violations of this policy.

Carol L. Faivre
Executive Director of Student Engagement
Title IX Coordinator
cfaivre@northeastcollege.edu
titleix@northeastcollege.edu
315-568-3047

Christine McDermott
Director of Human Resources
Deputy Title IX Coordinator
cmcdermott@northeastcollege.edu
315-568-3109

Any person who wishes for the College to take action is strongly encouraged to report to one of the offices listed above. However, any College employee who is not designated as a confidential resource must report knowledge of sex-based discrimination, including sexual harassment, to the College’s Title IX Coordinator.

Upon receiving a report, the Title IX Coordinator will discuss with the complainant available avenues and options. Options may include disciplinary action against the accused and remedial actions to ameliorate or correct the effects of the discrimination, harassment, or sexual misconduct. Other options may include a no contact directive, changes in academic, residential, or working arrangements to separate the complainant and the accused. A complainant does not need to file a formal complaint and pursue disciplinary action in order to obtain supportive measures, such as changes in academic, residential or working arrangements. The College will review the facts and circumstances of each case, as well as the complainant’s wishes, in deciding whether and what steps are reasonable and appropriate. 

Employees who believe that they are being subjected to harassment or discrimination in violation of this Policy, or who have witnessed or otherwise become aware of behavior prohibited by this Policy should promptly report that behavior to a supervisor, the Director of Human Resources or the Title IX Coordinator. All supervisors and managers are required to report all complaints of workplace discrimination and harassment that they receive or that they observe or become aware of immediately to the Director of Human Resources or the Title IX Coordinator even when the complaining employee asks to keep the complaint confidential, or indicates that they do not wish to file a formal complaint.

Even Northeast offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution. 

A person may make a report to the Title IX Coordinator and request that no investigation or disciplinary action be taken. This may be the case where the individual is interested only in supportive measures. If the complainant elects not to proceed with a formal complaint at the time of report, they may return to the Title IX team and choose to proceed at a later date. Similarly, a person may make a formal complaint intending for the College to initiate the investigation and adjudication process, but later may request that the complaint be withdrawn. The College will endeavor to honor such requests to not initiate or to cease an investigation or withdraw a formal complaint unless the Title IX Coordinator determines that an investigation and/or adjudication process is necessary to ensure a safe, non-discriminatory environment for all members of the Northeast community, including the individual(s) involved.

The College retains the right to act upon any information that comes to its attention. If the College determines that a request not to proceed cannot be honored, the complainant will be so informed. However, in order to encourage participation in public awareness and advocacy events, if information is disclosed as part of such an event (such as Take Back the Night), the College is not obligated in that instance to commence an investigation. Where the only parties to the situation are employees, Northeast will be less inclined to honor a request for confidentiality.

3. Other Non-Confidential College Resources

Campus Security Office

315-568-3022

4. Law Enforcement

A victim of a crime is encouraged to, but is not required to, report the incident to local law enforcement and pursue criminal charges. The criminal process and the College’s disciplinary processes are not mutually exclusive or dependent on each other, meaning that a person may pursue either a criminal complaint or College complaint or both. Any internal College investigation and/or hearing process will be conducted concurrently with any criminal justice investigation and proceeding that may be pending. Temporary delays in the College’s internal processes may be requested by local law enforcement authorities for the purpose of gathering evidence. Any requested temporary delay shall not last more than ten (10) days, except when local law enforcement authorities specifically request and justify a longer delay.

In criminal cases, including non-consensual sex offenses, the preservation of evidence is critical and must be done properly and promptly. If you have been sexually assaulted, you should not wash your body or clothes, as evidence may be lost. The Seneca Falls Police Department (315-568-4850) can assist in filing a criminal complaint and in securing appropriate examination, including by a Sexual Assault Nurse Examiner. New York State Police maintain a 24-hour hotline staffed by individuals trained to respond to sexual assault (844-845-7269).

Additionally, orders of protection and other forms of legal protection may be available to individuals who have experienced or are threatened with violence by a Northeast College community member or other person. In appropriate circumstances, an order of protection may be available that restricts the offender’s right to enter Northeast property, and Northeast will abide by a lawfully issued order of protection.

The Security office or other College officials will, upon request, provide reasonable assistance to any member of the College community in obtaining an order of protection or, if outside of New York State, an equivalent protective or restraining order, including providing that person with:

• a copy of an order of protection or equivalent when received by the College and providing that person with an opportunity to meet or speak with a College representative, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the other person’s responsibility to stay away from the protected person or persons;
• an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension; and
• assistance in contacting local law enforcement to effect an arrest for violating such an order of protection.

1. Supportive Measures

Once a report is made under this Policy, the complainant will be contacted by the Title IX Coordinator and offered individualized support as more fully described below. A report that triggers supportive measures need not be a formal complaint, and it may be made by a third-party (i.e., someone other than the complainant themself). Once the respondent is informed of a report or a formal complaint, the respondent will be contacted by the Title IX Coordinator and offered individualized support as more fully described below. 

Supportive measures are intended to restore or preserve, to the extent practicable, equal access to the College’s educational programs and activities and protect the safety of all parties without unreasonably burdening the other party or parties. As required by federal regulation, these supportive measures must be non-disciplinary and non-punitive to the parties.  

These measures are non-disciplinary and non-punitive and depend on what resources the College can provide. Supportive measures may include:

• Counseling services
• Extensions of deadlines or other course adjustments
• Modifications to work or class schedules
• Campus escort services
• No contact orders
• Changes in class, work, housing, or extracurricular activities
• Leaves of absence
• Increased security and monitoring of specific campus areas
• Training and education programs related to sex-based harassment

These measures should not unreasonably burden either party and are meant to protect safety and support the educational environment during the grievance process. The College may change or end these measures after the grievance procedure or continue them as needed.

The College will keep information about supportive measures confidential, sharing it only as necessary to provide the support or as legally required. Exceptions include:

• Prior written consent from the person concerned
• Disclosure to an authorized third party
• Addressing conduct that may constitute sex-based harassment under Title IX
• Compliance with federal laws and regulations
• State or local law requirements, or FERPA regulations

Either party can request a review of decisions related to supportive measures. This review will be conducted by the Title IX Coordinator, Deputy Title IX Coordinator, or Title IX designee, who can modify or reverse the decision if the College did not follow the outlined procedures. Parties can only challenge their own supportive measures unless the measures directly impact them (e.g., two-way no contact orders).

The College can remove a respondent from its programs or activities on an emergency basis if an individualized safety and risk analysis shows an imminent and serious threat to health or safety. The respondent will be notified and can immediately challenge the decision by appealing in writing to the President or their designee.

The College can place a non-student employee respondent on administrative leave during the Title IX Grievance Procedure, according to the relevant employee handbook.

For student employees, the College will determine whether these procedures apply based on whether their primary relationship with the College is educational and whether the alleged harassment occurred during employment-related work.

2. Grievance Process for Allegations of Discrimination 

Northeast has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by this policy, Title IX or the Title IX regulations. 

Making a Complaint

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 discrimination at the College. 

A complaint can be made by:

• A student or employee of the College who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or a person other than a student or employee of the College who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in the College’s Education Program or Activity;
• A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant; or
• The Title IX Coordinator.

The respondent may be any person who is alleged to have violated the College’s prohibition on sex discrimination, including a student, employee, visitor, independent contractor, intern, or volunteer of the College. A complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail to: 

Carol L. Faivre, B.S., M.S.
Executive Director of Student Engagement 
Title IX Coordinator 
2360 State Route 89
Academic 1, Room 114
Seneca Falls, N.Y. 13148
cfaivre@northeastcollege.edu
titleix@northeastcollege.edu
315-568-3047

If a complainant declines to sign a formal complaint or does not wish to participate in the complaint and adjudication process, or the complainant’s identity is unknown, and the Title IX Coordinator determines there is sufficient cause to file a formal complaint, the Title IX Coordinator may file a formal complaint. In such cases, the Title IX Coordinator is considered to be a complainant.  

The Title IX Coordinator will consider the wishes of the complainant not to proceed with the investigation and adjudication process. However, the Title IX Coordinator may file a formal complaint if the Title IX Coordinator determines that the allegations are such that it would be unreasonable not to proceed despite the wishes of the complainant.

In making this determination, the Title IX Coordinator will consider, among other factors, the risk that the alleged perpetrator will commit additional acts of sexual misconduct or other violence, which may be assessed by evaluating:

Factors used to determine whether to honor such a request not to pursue a complaint include, but are not limited to:

• 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 discrimination would occur if a Complaint were not initiated;
• The severity of the alleged sex-based discrimination, including whether the sex-based discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the sex-based discrimination and prevent its recurrence;
• The age and relationship of the Parties, including whether the Respondent is an employee of the recipient;
• The scope of the alleged sex-based discrimination, including information suggesting a pattern, ongoing sex-based discrimination;
• The availability of evidence to assist a decisionmaker in determining whether sex-based discrimination occurred; and 
• Whether the College could end the alleged sex-based discrimination and prevent its recurrence without initiating these grievance procedures.

Additionally, where the respondent is not enrolled at the College and is not employed by the College, the College may decline to process the complaint through the Grievance Process. The College may take the steps it deems appropriate under the circumstances.

3. Investigation Procedures

Where a report of discrimination or harassment has been made or a complaint alleging sexual misconduct has been filed, and in the absence of an informal resolution, the College will appoint an investigator to conduct an investigation into the allegations. The College may appoint any qualified investigator, who may be a person internal or external to the College. The College also may appoint more than one investigator in the College’s sole discretion. The investigation is an impartial fact-finding process.

The person(s) who conducts the investigation will be free of conflicts of interest or bias for or against any party. The parties will be informed of the identity of the investigator(s) and provided a reasonable opportunity to object to the investigator(s) on the ground of conflict of interest or bias. If an objection is made, the College will appoint an appropriate person to decide whether a conflict or bias exists such that an alternative investigator(s) will be selected. The Title IX Coordinator may determine that cases where the allegations arise out the same set of facts should be consolidated for purpose of the investigation and/or adjudication. Instances where consolidation of complaints may occur include but are not limited to cross-complaints filed by the parties against each other, multiple complaints by a single complainant against a respondent, or multiple complaints by a single complainant against multiple respondents.

The College will provide written notice of the date, time, location, participants, and purpose of all meetings or proceedings 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. In cases involving sexual harassment or other forms of sexual misconduct, the notice of investigation will include, to the extent known: 

• the identities of the involved parties;
• the date, time, location and factual allegations concerning the alleged violation;
• the policy provisions allegedly violated;
• a description of the investigation and adjudication process;
• potential sanctions;
• the right to an advisor of their choice, who may be, but is not required to be, an attorney;
• their right to inspect and review evidence in accordance with this policy;
• notice that knowingly making false statements or knowingly submitting false information is prohibited under the Student Code of Conduct; and
• that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the process.

If, in the course of the investigation of the sexual misconduct allegations, the College decides to investigate additional sexual misconduct allegations that are not included in the notice initially provided to the parties, the Title IX Coordinator or designee will provide notice of the additional allegations to the parties.  

The parties will receive notice, in advance of any interview or other meeting they are required or entitled to attend, including the date, time, location, participants, and factual allegations concerning the alleged violation, and purpose of any meeting or interview in which they are invited to or expected to participate. The Complainant and Respondent have a right to be accompanied by an advisor of their choice. In cases involving sexual harassment or other forms of sexual misconduct, the party’s advisor may be an attorney.  

No unauthorized audio or video recording of any kind is permitted during investigation meetings or interviews. If the investigator elects to audio and/or video record interviews, all involved parties involved in the meeting or interview will be made aware that audio and/or video recording is occurring.

During the investigation, which is an impartial fact-finding process, the Complainant and the Respondent will have an equal opportunity to share information, submit documentation, and request that witnesses be interviewed. In the absence of their consent, the parties will not be interviewed together or be required to meet. The investigator(s) has discretion to determine how to conduct the investigation and what information is necessary and relevant. An investigation usually involves interviews of witnesses and reviewing relevant documentation. This includes the opportunity to present fact or expert witnesses and other evidence that the party believes tends to prove or disprove the allegations.  However, at all times, the burden of gathering evidence remains with the College. The investigator may decline to interview any witness or to gather information the investigator finds to be not relevant or otherwise excludable (e.g., sexual history of the complainant with a person other than the respondent, materials subject to a recognized privilege, medical records in the absence of a release by the subject of the records, etc.). The investigator will determine the order and method of investigation.  

Opportunity for Inspection and Review of Evidence

The Complainant and Respondent will be provided an equal opportunity to inspect and review any relevant and not otherwise impermissible evidence obtained in the investigation directly related to the allegations gathered in the investigation and regardless of whether the information will be relied on in reaching a determination. Prior to the conclusion of the investigative report, the Complainant and Respondent, and each party’s advisor of choice, if any, will be provided a copy (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform) of the evidence, subject to redaction permitted and/or required by law. The parties and their advisors may not make photocopies or take photographs of the materials and are prohibited from disseminating any of the materials subject to inspection and review to any individuals outside of those engaged in the grievance process. The Complainant and Respondent will be provided with at least ten (10) days to submit a written response, which the investigator will consider prior to completion of the investigative report. The investigator will determine if additional investigation is necessary and, if so, will complete any additional investigative steps.

Investigative Report

At the conclusion of the investigation, the investigator will complete a written investigative report that fairly summarizes the relevant evidence. The investigator need not include information in the investigative report that the investigator determines not relevant or otherwise excludable. The investigator will submit the investigative report to the Title IX Coordinator.

In cases involving sexual harassment or other forms of sexual misconduct, at least ten (10) days prior to a hearing to determine whether there is responsibility for the allegations, the Complainant and Respondent, and each party’s advisor if any, will be provided a copy of the investigative report (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform), subject to redaction permitted and/or required by law. The parties and their advisors are prohibited from disseminating or disclosing the Investigative Report or any materials in the Investigative Report to any individuals outside of those engaged in the grievance process.

Timeframe

The College endeavors to complete the investigatory phase within 45 College business days. An investigation may be extended for good cause, such as witness unavailability, breaks in the academic schedule, or other similar circumstances.

Assessment of Cases Not Involving Sexual Misconduct

In cases that do not involve allegation of sexual harassment or any other forms of sexual misconduct, at the conclusion of the investigation, the investigator(s) will make a recommendation as to whether the complaint will be referred to the applicable disciplinary process. The investigation report, together with the parties’ response to the report, will be forwarded to the Title IX Coordinator, who will make a determination as to whether the complaint will be forwarded to the applicable disciplinary process. The complainant and accused will be informed in writing as to whether the complaint will be forwarded to the applicable disciplinary process, with an explanation of the basis for the outcome. If the determination is to not forward a complaint to a disciplinary process, there is no right to appeal.

4. Informal Resolution

In some instances, the parties may be interested in an informal resolution, and, if the case is appropriate for such an option in the College’s discretion, it will be offered to the parties. The Informal Resolution Process is not available if the Respondent in a sexual misconduct complaint is a faculty or staff member of the College and the Complainant is a student.

An Informal Resolution Process is a voluntary process in which a trained facilitator assists the parties in resolving the allegations made by a complainant. No party will be required to participate in an informal resolution, and either party may decline further participation in the Informal Resolution process at any time before the final written resolution is signed, at which point the complaint will proceed to the formal investigation and adjudication process. No party should feel intimidated, coerced or threatened to participate in an Informal Resolution Process, or to withdraw from an Informal Resolution Process.

In cases involving allegations of sexual harassment or other forms of sexual misconduct, supportive measures will be available to both parties in the same manner as they would be if the complaint were proceeding under the formal grievance and/or hearing process.

If both parties consent to participate in the Informal Resolution process, the College will assign a facilitator who will act in an independent, impartial manner to facilitate a resolution between the parties. The facilitator will be trained on how to perform the role. The facilitator will also be screened to ensure that such person is free from conflicts of interest and bias.

The facilitator will assist the parties in communicating information and opinions to the facilitator and each other regarding the allegations in an effort to find common ground and a resolution of the allegations that is satisfactory to both parties. The facilitator may meet separately with each party to explore the party’s views about the allegations and desired outcome from the process. Either party can elect to have any meeting occur so that the parties are in different rooms and the facilitator “shuttles” between the parties.

For the Informal Resolution process to have the best chance for success, the parties should be free to express themselves. As a result, the information received from both parties during the Informal Resolution process will be kept confidential by the facilitator. In addition, in any cases that will involve a hearing, the facilitator will not be available as a witness in any hearing that may occur should either party terminate the Informal Resolution process before a resolution. This is in keeping with the concept that the facilitator is impartial and is only facilitating the interaction between the two parties and is not listening or taking notes for any purpose other than assisting the parties. Likewise, should the complaint be returned to the formal investigation and adjudication process of this policy, the parties may not disclose information shared by the other party during the process in the hearing. This confidentiality protection does not apply to information that is learned outside the Informal Resolution process through the investigation or otherwise.

A resolution is reached only if both parties agree. The facilitator will not impose an outcome, although they may assist the parties in suggesting resolutions that appear to meet the parties’ needs. If an Informal Resolution Process does not result in an agreed-upon resolution, the complaint returns to the formal investigation and adjudication process. If a mutual resolution is reached, the facilitator will draft a document reflecting the agreement between the parties that becomes final once it is signed by both parties. This written and signed resolution indicates that the complaint has been resolved under this policy without the need for further investigation or adjudication.

5. Adjudication Processes

A complaint against a non-community member (e.g., a visitor to campus, an alum, a vendor or contract employees) will be investigated but no formal policy or procedure applies. The College may opt to ban the non-community member from College property or take other appropriate responsive measures.

A. Resolution of cases involving all forms of Discrimination and all forms of harassment, except Sexual Harassment involving student

This policy applies campus-wide and sets forth behavioral expectations for all. In cases only involving discrimination and harassment (other than sexual harassment involving a student as a party), no hearing is held, and instead cases will be adjudicated as follows:

Following the investigation described in section H of this policy, unless a case is resolved pursuant to section I, a decision regarding responsibility (and consequences/sanctions, if appropriate) will be made by a decisionmaker appointed by the College. In most instances, the decisionmaker will make a decision as to responsibility based upon a preponderance of the evidence and, if so, discipline, based on the information contained in the investigation report. The parties may request to meet separately with the decision maker(s) if the party(ies) believe that additional information is relevant and/or the decisionmaker may request to meet separately with the party(ies), witnesses or otherwise gather additional information the decisionmaker(s) feels necessary. The decisionmaker will notify the parties in writing as to the outcome of the complaint. Any faculty or staff member found responsible for violation of this policy will be subject to disciplinary action, up to and including termination. 

A faculty member found responsible for violation of this policy may grieve such decision, including both the finding of responsibility for the violation as well as the discipline imposed, through the Grievance Procedure set forth in Section J of the Faculty Handbook.

B. Resolution of Cases Involving Sexual Harassment involving a student

Hearing Procedures

Live Hearing Requirement

The College will not issue a finding or disciplinary sanction for allegations of sex-based harassment involving a student as a party without holding a live hearing, unless resolved through the informal resolution process outlined in this policy.

Conducting the Hearing

The live hearing may be conducted with the parties physically present in the same location. Alternatively, the College may conduct the hearing with the parties in separate locations using technology that allows all participants to see and hear each other simultaneously. A party may request this option before the hearing.

Recording the Hearing

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

Participants in the Live Hearing

Live hearings are private. The following individuals are permitted to participate:

• Complainant and Respondent (the Parties)

  • If a party chooses not to participate, the hearing may proceed in their absence, and a determination of responsibility may be made based on the evidence and witness statements.
  • The College will not threaten, coerce, intimidate, or discriminate against any party to secure their participation.
  • The decisionmaker cannot infer responsibility based solely on a party’s absence or refusal to answer questions.

• Decisionmaker

  • The decisionmaker will not have served as the Title IX Coordinator, investigator, or advisor to any party in the case, nor will they serve on the appeals body.
  • The decisionmaker will be trained and free from conflicts of interest or bias.
  • Parties can raise objections regarding conflicts of interest or bias at the start of the hearing.

• Advisor of Choice

  • Parties may select an advisor of their choice, who can accompany them to meetings and hearings but may not speak for them.
  • Advisors are subject to the College’s rules of decorum and may be removed for violations.

• Witnesses

  • Witnesses are not compelled to participate and have the right to abstain without facing retaliation. They are also subject to the College’s rules of decorum and may be removed for violations.

Hearing Procedures

The decisionmaker will set the rules and expectations for the hearing. The decisionmaker is in charge of organizing the presentation of information to be considered at the hearing. Generally, the hearing will proceed in the following order:

1. Opportunity for Opening Statement by the Complainant
2. Opportunity for Opening Statement by the Respondent
3. Questions for the investigator(s) by the decisionmaker and, if desired, on behalf of Complainant and the Respondent (as described below)
4. Questions for the Complainant by the decisionmaker and, if desired, on behalf of the Respondent (as described below)
5. Questions for the Respondent by the decisionmaker and, if desired, on behalf of the Complainant (as described below)
6. Questions for each witness by the decisionmaker and, if desired, on behalf of Complainant and the Respondent (as described below)
7. Opportunity for Closing Statement by the Respondent
8. Opportunity for Closing Statement by the Complainant

Formal rules of evidence will not apply. Except as otherwise expressly prohibited by this Policy, any evidence that the decisionmaker determines is relevant and not otherwise impermissible may be considered, including hearsay, history and information indicating a pattern of behavior, and character evidence. All evidence previously made available to the parties for inspection and review prior to completion of the investigative report as described above will be made available at the hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of questioning. Absent extraordinary circumstances as determined by the decisionmaker, no party may seek to introduce at the hearing any evidence not previously made available in accordance with the preceding sentence, other than the investigative report itself and any responses to the investigative report submitted by the parties.  

The decisionmaker will address any concerns regarding the consideration of information prior to and/or during the hearing and may exclude irrelevant information. Subject to the terms of this policy, the decisionmaker will have discretionary authority to determine all questions of procedure, to determine whether particular questions, evidence or information will be accepted or considered, to call breaks or temporary adjournments of the hearing, and/or to recall parties or witnesses for additional questions as the decisionmaker deems necessary or appropriate. The decisionmaker may impose additional ground rules as the decisionmaker may deem necessary or appropriate for the orderly and efficient conduct of the hearing, which will apply equally to both parties.  

Questioning Parties and Witnesses

• Each party or their advisor may ask relevant and permissible questions.
• The decisionmaker will determine the relevance and permissibility of questions before they are posed and will explain any exclusions.
• Parties are allowed to clarify or revise unclear or harassing questions.

Refusal to Respond to Questions

• The decisionmaker may give less or no weight to statements from parties or witnesses who refuse to respond to relevant questions.
• No inference about the occurrence of sex-based harassment will be drawn based solely on a party’s or witness’s refusal to respond.

Continuances or Extensions

The College may schedule multiple sessions or grant continuances to complete the hearing, notifying all participants and accommodating their schedules as promptly as possible.

Evidence

• To be relevant, evidence must be related to the allegations of Sex-Based Harassment under investigation as part of this policy. 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 the decisionmaker in determining whether the alleged Sex-Based Harassment occurred.

• Impermissible Evidence - The following types of evidence and related questions are impermissible and must not be accessed, considered, disclosed, or used by the College, except to determine if an exception applies, regardless of relevance:

  • Privileged Evidence

    • Any evidence protected under a privilege recognized by federal or state law, or evidence provided to a Confidential Resource, unless the privilege or confidentiality is voluntarily waived by the person to whom it is owed.

  • Medical and Psychological Records

    • Records made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with treatment provided to a party or witness, unless the College obtains voluntary, written consent from that party or witness for use in the College’s grievance procedures.

  • Evidence Related to Complainant’s Sexual History

    • Evidence regarding the complainant’s sexual interests or prior sexual conduct, except:

      • To prove that someone other than the respondent committed the alleged conduct.
      • To prove consent in specific incidents of prior sexual conduct between the complainant and the respondent.

• Newly-Discovered Evidence

  • Generally, no new evidence or witnesses are allowed during the hearing.
  • If new evidence or witnesses are identified that were not reasonably available before the hearing and could affect the outcome, a party may request their consideration.
  • The decisionmaker will determine the availability and potential impact of the new evidence or witness testimony.
  • If approved, the hearing will pause to allow review and preparation.

Hearing Determinations

Following conclusion of the hearing, the decisionmaker will deliberate and render a determination by majority vote as to whether the Respondent is responsible or not responsible for the alleged violation(s). The decisionmaker will use “preponderance of the evidence” as the standard of proof to determine whether each alleged violation of the Policy occurred. “Preponderance of the evidence” means that the decisionmaker must determine whether, based on the evidence presented, it is more likely than not that the Respondent engaged in the conduct charged. Each party may submit a written personal impact statement to the Title IX Coordinator for consideration by the decisionmaker in determining an appropriate sanction if there is a finding of responsibility on one or more of the charges. The parties must submit their statements to the Title IX Coordinator prior to the hearing. The Title IX Coordinator will provide each of the parties an opportunity to review any statement submitted by the other party. 

In addition to the impact statement(s), if any, factors considered when determining sanctions may include:

• the nature and severity of, and circumstances surrounding, the violation(s);
• the Respondent’s state of mind at the time of the violation(s) (intentional, knowing, bias-motivated, reckless, negligent, etc.); 
• the Respondent’s previous disciplinary history;
• the need for sanctions to bring an end to the conduct; and/or to prevent the future recurrence of similar conduct;
• the need to remedy the effects of the conduct on the Complainant and/or the community;
• the impact of potential sanctions on the Respondent; 
• sanctions imposed by the College in other matters involving comparable conduct; and
• any other lawful factors deemed relevant by the decisionmaker.

The following are the sanctions that may be imposed upon students or organizations singly or in combination:

• Warning: A formal statement that the behavior was unacceptable and that further infractions of any College policy, procedure, or directive may result in more severe disciplinary action.
• Probation: A written reprimand for violation of the Policy, providing for more severe disciplinary sanctions in the event that the Respondent is found in violation of any College policy, procedure, or directive within a specified period of time. Terms of the probation will be specified and may include denial of specified privileges, exclusion from extracurricular activities, no-contact orders, and/or other measures deemed appropriate.
• Suspension: Cessation of student status for a definite period of time and/or until specific criteria are met. 
• Expulsion: Permanent termination of student status.
• Withholding Degree and/or Diploma: The College may withhold a student’s degree and/or diploma for a specified period of time and/or deny a student participation in commencement activities.

• Other Actions: In addition to or in place of the above sanctions, the decisionmaker may assign any other sanctions as deemed appropriate, including but not limited to the following:

  • Mandated counseling so the Respondent has the opportunity to gain more insight into their behavior.
  • A “no contact" directive (including but not limited to continuation of a no contact directive imposed as a supportive measure) prohibiting contact with one or more identified persons, in person or through telephonic, electronic, written or other means. A no contact directive may include additional restrictions and terms.
  • Removing Respondent from leadership roles or positions in College organizations or clubs.
  • Requiring the Respondent to write a letter of apology.
  • Requiring unpaid service to the campus or local community stated in terms of type and hours of service.
  • Restitution for damage to or misappropriation of property, or for personal injury, and other related costs.
  • Loss, revocation or restriction of housing privileges (e.g., exclusion from specified locations).
  • Loss of honors privileges (e.g., preceptorships).
  • Monetary fines.

For those crimes of violence that the College is required by federal law to include in its Annual Security Report, the transcripts of students found responsible after a hearing and appeal, if any, shall, as applicable, include the following notation:

• Suspended after a finding of responsibility for a code of conduct violation;
• Expelled after a finding of responsibility for a code of conduct violation; or
• Withdrew with conduct charges pending.

Transcript notations for suspensions may be removed at the discretion of the College, but no earlier than one year after the conclusion of the suspension. Transcript notations for expulsion may not be removed.

Notice of Outcome

The decisionmaker will issue a written determination including the following information:

• A description of the charges that were adjudicated; 
• A description of the procedural steps taken from the submission of the complaint through the determination, including notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
• Findings of fact supporting the determination; 
• Conclusions regarding the application of the policy to the facts;
• A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions to be imposed on the Respondent, and whether remedies designed to restore or preserve equal access to the College’s educational programs or activities will be provided to the Complainant; and
• The procedures and permissible bases for the Complainant and Respondent to appeal.

The Title IX Coordinator will provide the written determination to the parties simultaneously.

Time Frame for Resolution

Northeast seeks to resolve every report of sexual misconduct within a timely manner of the initial report. The College will endeavor to conclude all reports of Sexual Misconduct within ninety (90) College business days (exclusive of any appeal) from the time of filing of the complaint. Any time frames included in this policy may vary depending on the details of the reported situation and, in some cases, extenuating circumstances that may require an extension of the time frames. Extenuating circumstances may include the time of the academic year (e.g., during College breaks or final exams), the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation by local law enforcement, or other unforeseen circumstances. In the event that the investigation and resolution is delayed, Northeast will notify the Complainant and Respondent of the reason(s) for the delay and the expected adjustment in the time frame.

6. Appeals

In cases involving allegations of discrimination, including sexual harassment and/or other forms of sexual misconduct, a respondent or complainant may appeal: (1) a determination regarding responsibility, and (2) the College’s dismissal of a complaint or any allegations therein. If a party wishes to appeal a determination regarding responsibility or the dismissal of a complaint, the party must submit written notice to the Title IX Coordinator of the party’s intent to appeal within seven (7) days of receiving the written notification of the appealable decision. 

A respondent or complainant may appeal on the following bases:

• Procedural irregularity that affected the determination regarding responsibility or dismissal of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the determination regarding responsibility or dismissal of the matter; and
• The Title IX Coordinator, investigator(s), or decisionmaker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the determination regarding responsibility or dismissal of the matter. The professional experience of an individual need not disqualify the person from the ability to serve impartially. Furthermore, bias is not demonstrated by working in complainants’ or respondents’ rights organization.

In addition to the three bases for appeal, the College reserves the right to add additional bases for appeal that will be available equally to both the respondent and the complainant. Any additional bases of appeal that are added will not be applied retroactively to previous determinations and dismissals. In the case of a claimed procedural irregularity, bias or new information, the appeal must also include a statement of the likely impact of the claimed irregularity, bias, or newly discovered information on the proceedings. A preponderance of the evidence standard will be applied on appeal. 

When a party submits a written notice of its intent to appeal to the Title IX Coordinator within seven (7) days of the appealable decision, Northeast will notify the other party in writing and implement appeal procedures equally for both parties. If no written notice of either party’s intent to appeal is sent, then the written determination becomes final after the time period to file an appeal (seven (7) days) has expired. 

In cases involving a student respondent, the appeal will be decided by a three-member Appeal Review Board appointed by the Title IX Coordinator. In cases where the respondent is an employee of the College, the Title IX Coordinator will assign a single Appeal Officer. 

Each party will be given a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. Each party will have at least three (3) days to submit its written statement. If a party needs additional time, it can request such additional time from the decisionmaker for the appeal. Such requests will be granted on a case-by-case basis. If the decisionmaker for the appeal grants a request for additional time to submit a written statement, all parties will be granted the additional time. The decisionmaker for the appeal will not be the same person as the decisionmaker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator. The decisionmaker for the appeal will issue a written decision describing the result of the appeal and the rationale for the result. This decision will be provided to both parties simultaneously and in writing. Once the appeal decision has been sent to the parties, the appeal decision is final.

7. Retaliation

The College prohibits retaliation against any individual who files a good-faith complaint or assists or participates in good faith in any manner in an investigation or proceeding conducted by the College or an external agency. Any retaliation is subject to disciplinary action, up to and including expulsion/ termination. Allegations of retaliation will be subject to the disciplinary procedures noted above for students, faculty, staff and non-community members. Retaliation is against the law.

8. Amnesty for individuals who report sexual misconduct

The health and safety of every student at Northeast is of utmost importance. Northeast 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. Northeast strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to Northeast officials. A student bystander acting in good faith or a reporting individual (including a complainant/victim) that discloses any incident of domestic violence, dating violence, stalking or sexual assault to Northeast’s officials or law enforcement will not be subject to Northeast’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. Notwithstanding the foregoing, Northeast reserves the right to implement measures to protect the health and safety of patients or others who may be harmed (including but not limited to requiring substance abuse treatment and testing) and will comply with any obligations it may have to provide information to licensing authorities.

9. Academic Freedom

Northeast is a graduate institution at which academic freedom is necessary and valued. Northeast will not construe this policy to prevent or penalize a statement, opinion, theory, or idea offered within the bounds of legitimate, relevant, and responsible teaching and learning. 

10. Clery Act Compliance

The College is required to include for statistical reporting purposes the occurrence of certain incidents in its Annual Security Report (ASR). Names of individuals involved in incidents are not reported or disclosed in ASRs. In the case of an emergency or ongoing dangerous situation, the College will issue a timely warning to the campus. In such circumstances, the name of the alleged perpetrator may be disclosed to the community, but the name of the victim/complainant will not be disclosed.

The U.S. Department of Education’s information on campus safety and security can be located here: https://ope.ed.gov/campussafety/#/

11. Coordination with Other Policies

A particular situation may potentially invoke one or more College policies or processes. The College reserves the right to determine the most applicable policy or process and to utilize that policy or process.

Designation of Authority

Any person or title authorized by this policy to act or make a decision may delegate their authority to another when necessary to avoid a conflict of interest or for any other reason.  

Application to Faculty and Staff

One or more of Northeast’s personnel policies or faculty and staff handbook policies may overlap with this policy in a particular situation. This policy applies to any situation where a student is the complainant or respondent. In all other situations, the College reserves the right to apply this policy or another applicable College policy or process. The College will apply this policy to any situation where the College determines that Title IX requires the application of this policy.

Northeast Title IX Team Training Materials

The College must ensure that the following individuals receive training related to their duties under Title IX promptly upon hiring or change of position that alters their duties, and annually thereafter. This training must not rely on sex stereotypes.

1. All Employees:

   • Obligation to address sex discrimination in the education program or activity.
   • Scope of conduct that constitutes sex discrimination under Title IX, including sex-based harassment.
   • Applicable notification and information requirements.

2. Investigators, Decisionmakers, and Other Responsible Persons:

   • All training required for employees.
   • Obligations under Title IX grievance procedures.
   • How to serve impartially, avoiding prejudgment, conflicts of interest, and bias.
   • Meaning and application of “relevant” in relation to questions and evidence, including impermissible evidence types.

3. Facilitators of Informal Resolution Processes:

   • All training required for employees.
   • Rules and practices of the informal resolution process.
   • How to serve impartially, avoiding conflicts of interest and bias.

4. Title IX Coordinator and Designees:

   • All training required for employees, investigators, decisionmakers, and facilitators.
   • Specific responsibilities under Title IX.
   • Recordkeeping system requirements and compliance coordination.

Section 106.45(b) of the 2020 Final Title IX Rules require the sharing of "[a]ll materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. A recipient must make these training materials publicly available on its website, or if the recipient does not maintain a website the recipient must make these materials available upon request for inspection by members of the public." Information posted here has been done in accordance with this compliance mandate.

Annual Trauma Informed In-Service

https://www.atixa.org/2020-regulations-requirement-posting-of-training-materials/

 

Policy Compliance

The Title IX Coordinator has overall responsibility for the College’s institutional compliance with Title IX. The Deputy Coordinator assists the Coordinator. Any person with a concern about the College’s handling of a particular matter should contact 

Carol L. Faivre, B.S., M.S.
Executive Director of Student Engagement 
Title IX Coordinator 
cfaivre@northeastcollege.edu
titleix@northeastcollege.edu
315.568.3047 

Christine McDermott, B.S.
Director of Human Resources 
Deputy Title IX Coordinator
cmcdermott@northeastcollege.edu
315.568.3109

In addition to or as an alternative to the College’s internal process, or if dissatisfied with the outcome of the College’s process, a person may make a complaint to a governmental agency. These governmental agencies include: 

The U.S. Department of Education, Office for Civil Rights is a federal agency responsible for ensuring compliance with Title IX and other federal laws, including Section 504 of the Rehabilitation Act. OCR may be contacted at 400 Maryland Avenue, SW, Washington, D.C. 20202-1100, 800.421.3481. As a general rule, a complaint must be filed with OCR 180 days after the complained of event. OCR will investigate the complaint and determine if the College is in compliance with federal laws within OCR’s jurisdiction. If OCR finds non-compliance, OCR will ensure that the College returns to compliance. OCR may require individual remedy for the individual complainant, where appropriate.

The New York State Division of Human Rights (DHR) enforces the Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., which prohibits sexual harassment in employment in New York State, and protects employees, and other individuals working in an employer’s workplace. A complaint alleging a violation of the Human Rights Law may be filed either with DHR, subject to a one year statute of limitations (except the statute of limitations is three years for sexual harassment complaints), or in New York State Supreme Court, subject to a three year statute of limitations.

The DHR will investigate the complaint to determine if unlawful harassment occurred and if the circumstances amount to a violation of the law. If unlawful discrimination is found after a hearing, the DHR or the court may award relief, which varies, but may include requiring the employer to take action to stop the harassment, or redress the damage caused, including reversing an unlawful employment action, paying monetary damages, attorneys’ fees, and civil fines.

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, N.Y. 10458, 718.741.8400 https://dhr.ny.gov/. The DHR can be contacted at 888.392.3644 or visit https://dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form and contact information for DHR’s regional offices across New York State. 

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An employee must file a complaint with the EEOC within 300 days from the conduct giving rise to the complaint. The EEOC also investigates complaints, but does not hold hearings or award relief. The EEOC may take other action including pursuing cases in federal court on behalf of complaining parties, or issuing a Right to Sue Letter that allows an individual to pursue their claims in federal court. Federal courts may award remedies if discrimination is found to have occurred. 

The EEOC can be contacted by calling 800.669.4000 (800.669.6820 (TTY)), or visiting their website at https://eeoc.gov/ or via email at info@eeoc.gov. If an individual files an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the individual’s right to proceed in federal court.

Students' Bill of Rights Involving Sexual Misconduct

All students have the right to: 

1. Make a report to local law enforcement and/or state police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. 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 Northeast;
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
6. 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;
7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
8. Be protected from retaliation by Northeast, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of Northeast;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of Northeast.

This Grievance 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 at any point before or during the Grievance Process that do not fundamentally alter the policy. 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.

If the Complainant or Respondent discloses a disability, the Title IX Coordinator may consult, as appropriate, with Student Accessibility Services Manager to provide support to Students with disabilities to determine how to comply with applicable law 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 Process.

Obligations for Mandated Reporters – Child Abuse Reporting

All Northeast employees and agents are obligated to promptly report any suspected abuse, neglect, or sexual harassment of a minor (anyone under 18 years old) when there is reasonable cause to suspect such abuse based on:

• Information provided by the minor or another individual; or
• Personal observations or knowledge.

The duty to report is activated by reasonable suspicion or belief. There is no need for concrete evidence of abuse, nor should anyone attempt to investigate before reporting. Any uncertainty about whether to report should be resolved by making the report to ensure child protective services professionals can evaluate the situation and ensure the minor’s safety.

Abuse or maltreatment refers to any situation where a parent, caregiver, or adult directly harms a child or allows the child to be physically or emotionally harmed or sexually abused. The duty to report applies regardless of whether the suspected perpetrator is part of the Northeast community and regardless of their role in the minor’s life. Under this policy, any Northeast community member (faculty, staff, students, volunteers) who suspects abuse of a minor must immediately report their suspicions to one of the following individuals:

• Campus Safety: 315.568.3022
• Title IX Coordinator: 315.568.3047

The person making the report should provide all known details about the suspected abuse or neglect, including the victim’s name, the alleged perpetrator’s name, and the date(s), location, and nature of the suspected abuse. The individual receiving the report, along with the person making the report, will then immediately contact the New York Statewide Central Register of Child Abuse and Maltreatment (SCR) at:

Child Abuse Hotline Number: 1.800.342.3720

The reporting community member and the administrator who received the report will work together to submit a written report to the appropriate child protective services agency within 48 hours of the oral report. The written report form (Child Protective Services form LDSS-2221A) can be found on the New York State Office of Children and Family Services website. The form is also available from Northeast’s Director of Campus Safety. The completed form must be mailed or delivered to the Seneca County Department of Social Services’ Child Protective Services unit at:

1 DiPronio Drive, PO Box 690, Waterloo, New York 13165

The administrator who received the report will also promptly inform the Provost and Vice President of Academic Affairs about the report.

New York’s child abuse reporting law mandates that certain professionals report suspected child abuse and maltreatment. The following professionals associated with the Colleges are required to make these reports: physicians; registered physician assistants; health center clinicians, psychologists; registered nurses; social workers; emergency medical technicians; licensed mental health counselors; licensed psychoanalysts; directors of children’s overnight or summer day camps; mental health professionals; substance abuse counselors; alcoholism counselors; and all individuals credentialed by the Office of Alcoholism and Substance Abuse Services. This policy should not be the sole resource for determining mandatory reporting obligations. Individuals should be aware of their reporting responsibilities based on their role and credentials. Any questions should be directed to the supervisor overseeing the relevant functions or role. Typically, this will be an employee’s supervisor.

Documents

Enough is Enough

Resources

Campus Climate Survey on Sexual Assault and Sexual Misconduct

Northeast College of Health Sciences conducted a campus climate survey on Sexual Misconduct and Sexual Assault as part of New York State's Enough is Enough (Article 129-B) legislation during January-February 2018. The College used HEDS (Higher Education Data Sharing) Consortium to execute the survey and had a response rate of 21%. The final report provides information from our students on the current campus climate for unwanted sexual contact and sexual assault; incidents of sexual assault; bystander behaviors and insight into their knowledge of policies, services, and resources available.

This survey and subsequent information is a valuable resource, helping Northeast's efforts to protect our students by improving services and educational programming, and increasing awareness. By being as open as possible (within the constraints of confidentiality), the College hopes to create productive community dialogue and reflection. The Title IX officers will continue in their efforts to cultivate an informed community with the goal of supporting a campus culture where all members can flourish academically, professionally, and personally.

View the full report here.