Advisor: An advisor of choice is a person selected by the Complainant or Respondent to advise and accompany the Complainant and Respondent throughout the processes provided for under this Policy, including the investigation and formal resolution process. Each party has the right to choose and consult with an advisor of their choice at their own expense. The advisor may be any person and may be, but is not required to be, an attorney. The advisor may not represent, advocate, or speak on behalf of a Complainant or Respondent. An advisor may not disrupt or impede any resolution proceeding. Any restrictions on advisor participation will be applied equally to both parties.
Affirmative Consent: In order for individuals to engage in sexual activity of any type with each other, there must be clear 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 does not in and of itself, 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. A person who has been drinking alcohol 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. Consent may be initially given but withdrawn at any time.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 sexual activity. 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 When consent is withdrawn or can no longer be given, sexual activity must stop. Children under 17 years of age cannot legally consent under New York State law to having sex or sexual contact with an adult (i.e., someone who is 17 years of age or older).
Days: Any reference to days refers to business days when the College is in normal operation.
Coercion/Force: Consent cannot be procured by the use of physical force, compulsion, threats, intimidating behavior, or coercion. Sexual activity accompanied by coercion or force is not consensual. 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. Coercion refers to unreasonable pressure for sexual activity. When someone makes it clear that they do not want to engage in sexual activity or do not want to go beyond a certain point of sexual interaction, continued pressure beyond that point can be considered coercive. The use of coercion can involve the use of pressure, manipulation, substances, or force. Ignoring objections of another person is a form of coercion. Force refers to the use of physical violence or imposing on someone physically to engage in sexual contact or intercourse. Force can also include threats, intimidation (implied threats), or coercion used to overcome resistance.
Complaint: A complaint means an oral or written request to the Title IX Coordinator that objectively can be understood as a request for the Institute to investigate and make a determination about alleged sex discrimination or other Prohibited Conduct under this policy.
Complainant: Any individual who has reported being or is alleged to be the victim of Prohibited Conduct as defined by this policy. In some cases, the Title IX Coordinator may file a complaint and thereby initiate an investigation and formal resolution 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 sex discrimination or other conduct prohibited under this Policy.
Confidential Resources: Any individual identified by the Institute who receives information about conduct prohibited under this policy in their confidential capacity and who are privileged under state law will not report prohibited conduct disclosed to them without written consent. Designation as a confidential resource under this policy only exempts such individuals from disclosure to the Title IX Coordinator. It does not affect other mandatory reporting obligations under state child abuse reporting laws, the Clery Act as a campus security authority, or other laws that require reporting to campus or local law enforcement.
Decision Maker: Trained professional designated to decide responsibility, sanction, or appeals. A Decision Maker may be one person, or a panel of multiple people, as determined by the Institute.
Incapacitation: Incapacitation is a state where someone lacks the ability to knowingly choose to participate in a specific activity. This includes instances where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing and informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). 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. This policy also covers a person whose incapacity results from temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs, or who are sleeping. Under this policy, the Institute will consider whether a Respondent knew or should have known the Complainant to be incapacitated, based on an objective, reasonable person standard that assumes the reasonable person is both sober and exercising sound judgment. The fact that the Respondent was unaware of the Complainant’s incapacity due to the Respondent’s own drug or alcohol use shall not be considered as an excuse.
Party/Parties: Referring to Complainant(s), Respondent(s), or both/all Complainant(s) and Respondent(s).
Pregnancy or related medical conditions: This term encompasses a broad range of conditions and situations associated with pregnancy and childbirth. This includes pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery from any of these conditions. Additionally, it covers lactation and pregnancy-related medical conditions. Pregnancy-related conditions include, but are not limited to, morning sickness, fatigue, nausea, dehydration, gestational diabetes, preeclampsia, prenatal or postpartum depression, infertility, recovery from childbirth, miscarriage or abortion, lactation conditions or complications, menstruation, perimenopause, and menopause. Pursuant to Title IX regulations, the Institute will treat pregnancy and related conditions in the same manner and under the same policies as any other temporary disability, ensuring that pregnant individuals have equal access to education programs and activities.
Relevant: Relevant means related to allegations of sex discrimination or sex-based harassment under investigation. Questions are relevant when they seek evidence that may aid in showing if the alleged conduct occurred. Evidence is relevant when it may aid a Decision Maker in determining if the alleged conduct occurred. For purposes of this policy, the following types of evidence will be excluded as impermissible (even if otherwise relevant):
- Evidence that is protected under a privilege recognized by federal or state law or evidence provided to a Confidential Resource, unless the person to whom the privilege or confidentiality is owned has voluntarily waived the privilege or confidentiality;
- A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the Institute obtains that party’s or witness’s voluntary, written consent for use in the investigation and adjudication process; and
- Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the alleged Complainant’s prior sexual conduct with the Respondent that is offered to prove consent.
Remedies: Remedies means measures provided, as appropriate, to a Complainant or any other person the Institute identifies as having had their equal access to the Institute’s education program or activity limited or denied by discrimination or other prohibited conduct covered by this Policy. These measures are provided to restore or preserve that person’s access to the education program or activity after the Institute determines that discrimination occurred. Only the Complainant will be informed of any remedies pertaining to them, except when doing so impairs the ability of the Institute to provide the remedy. Some examples are academic support and/or opportunity to retake a class or resubmit work or time extensions on course or degree completion, or non-academic support such as counseling, or changes to work assignments or locations. The Title IX Coordinator is responsible for implementation of remedies.
Respondent: The term respondent refers to the person alleged to have committed the alleged sex discrimination, sex-based harassment or other misconduct in violation of this Policy.
Supportive Measures: Supportive measures are non-disciplinary and non-punitive individualized services provided by the Institute, free of charge, to the Complainant and/or Respondent to restore or preserve equal access to the Institute’s education program or activity, protect the safety of the parties, or protect the educational environment without unreasonably burdening either party. Supportive measures may be imposed at any time regardless of whether formal disciplinary action is sought by the Complainant and they may be provided during the informal and/or formal resolution process.
