Student Title IX Grievance Procedure

The U.S. Department of Education and other federal agencies that provide financial assistance, including the U.S. Department of Health and Human Services, enforce Title IX and have long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of Sexual Harassment and sexual violence that interfere with a student’s or employee’s ability to equally access our education programs and opportunities.

On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that:

• Defines the meaning of “Sexual Harassment” (including forms of sex-based violence);
• Addresses how SUNY Plattsburgh must respond to reports of misconduct falling within that definition of Sexual Harassment; and
• Mandates a grievance process that this institution must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of Sexual Harassment.

Date	Version Number	Change Description	Referenced Section
8/11/20	1.0	New Document	Entire Document
8/18/20	1.1	Minor Revisions	8.0
9/1/20	1.2	Minor Revisions	7.0
8/29/22	1.3	Minor Revisions	7.0
8/1/24	1.4	Minor Revision	1.0, 4.0
1/22/25	1.5	Minor Revision	1.0
9/19/25	1.6	Minor Revision	2.0, 7.0, 8.0, 9.0
8/27/26	2.0	Major Revision	Entire Document

This policy was previously named “Title IX Grievance Policy Under 2020 Regulations” (formerly Intimate Partner Violence and Stalking Policy) (formerly Domestic Violence & Stalking Policy)

 Review Process/Approval

Action:	Units	Date
Policy Review	Title IX	8/1/24
Policy Approval	VPFA	8/1/24

Any student participating in or attempting to participate in an Educational Program or Activity of the University. 

Capitalized terms used in this Procedure have the meanings assigned to them below. Terms may be used in the singular or plural, as context requires.

Covered Sexual Harassment or Sexual Harassment: For the purposes of this Title IX Grievance Procedure, “Covered Sexual Harassment” includes any conduct on the basis of sex that satisfies one or more of the following: 

1. An employee conditioning the provision of an aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo);
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity (i.e., hostile environment harassment). In evaluating whether a hostile environment exists, the institution will consider a number of factors, including, but not limited to: the frequency, nature, and severity of the conduct; whether the conduct was physically threatening; the effect of the conduct on the Complainant’s mental or emotional state; how the conduct affected the terms, conditions or privileges of employment or education; whether the conduct was directed at more than one person; whether the conduct arose in the context of other discriminatory conduct; whether there is a power differential between the parties; and whether the conduct implicates concerns related to academic freedom or protected speech; 
3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving Consent. This includes the forcible sex offenses of rape and criminal sexual contact and the non-forcible sex offenses of incest and statutory rape. The applicable offenses are defined below:
   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, and
   2. Criminal Sexual Contact: the intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation, or the forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation; 
   3. Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law;
   4. Statutory rape: sexual intercourse with a person who is under the age of consent in New York State.
4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; and (iii) The frequency of interaction between the persons involved in the relationship. 
5. Domestic violence (as defined in the VAWA amendments to the Clery Act and the Violence Against Women Act Reauthorization of 2022), which includes any felony or misdemeanor crimes of violence committed by a person who: (A) is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of New York,  (B) who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, (C) shares a child in common with the victim; or (D) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of New York. 
6. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress. 

Note that conduct that does not meet one or more of these criteria may still be prohibited and subject to discipline under the Student Conduct Manual, action under the Discrimination Complaint Procedure, action under other SUNY Plattsburgh policies and/or procedures, or the employee disciplinary process as described in the collective bargaining agreement.

Actual Knowledge: Notice of sexual harassment or allegations of sexual harassment to the institution’s Title IX Coordinator or any official of the institution who has authority to institute corrective measures on behalf of the recipient constitutes Actual Knowledge. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute Actual Knowledge. This standard is not met when the only official of the institution with Actual Knowledge is also the Respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the institution.

Consent: For the purposes of this Title IX Grievance Procedure, “Consent” is a knowing, voluntary and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate Consent. The definition of Consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.

Additionally:

• Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute Consent to any other sexual act.
• Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
• Consent may be initially given but withdrawn at any time.
• Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in a sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot Consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
• Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
• When consent is withdrawn or can no longer be given, sexual activity must stop. 

Education Program or Activity: For the purposes of this Title IX Grievance Procedure, SUNY Plattsburgh’s “Education Program or Activity” includes:

• Any on-campus premises

• Any off-campus premises that SUNY Plattsburgh has substantial control over. This includes buildings or property owned or controlled by a recognized student organization. 

• Activity occurring within computer and internet networks, digital platforms and computer hardware or software owned or operated by or used in the operations of SUNY Plattsburgh’s programs and activities over which SUNY Plattsburgh has substantial control. Cases outside of the United States do not fall within the jurisdiction of the Grievance Procedure. Refer to the section on jurisdiction below. 

Formal Complaint:  For the purposes of this Grievance Procedure, “Formal Complaint” means a document — including an electronic submission — filed by a Complainant/Reporting Individual with a signature or other indication that the Complainant/Reporting Individual is the person filing the Formal Complaint, or signed by the Title IX Coordinator, alleging Covered Sexual Harassment by a Respondent within SUNY Plattsburgh’s Education Program or Activity and requesting initiation of the Title IX Grievance Procedure to investigate the allegation of Covered Sexual Harassment.   

Complainant: For the purposes of this Title IX Grievance Procedure, Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute Covered Sexual Harassment. 

Relevant Evidence and Questions: “Relevant” evidence and questions refer to any questions and evidence that tends to make an allegation of sexual harassment more or less likely to be true. Relevant evidence is evidence that is available in a particular case that can be evaluated objectively. Relevant evidence includes, without limitation, the parties’ own statements, statements of witnesses, or other available evidence, including documentary and video evidence provided. “Relevant” evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of the Grievance Procedure: 

• Evidence and questions about the Complainant’s sexual predisposition or prior sexual behavior unless: 
  • They are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or 
  • They concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove Consent.
• Evidence and questions that constitute, or seek disclosure of, information protected under a legally recognized privilege. 
• Any Party’s medical, psychological, and similar records unless the Party has given voluntary, written Consent. 

Respondent: For the purposes of this Title IX Grievance Procedure, Respondent means any individual who has been reported to be the perpetrator of conduct that could constitute Covered Sexual Harassment as defined under this Procedure. Reports and complaints regarding employees are handled under the separate procedure, which is identified above. 

Note on student-employees: when a Complainant or Respondent is both a student and an employee of SUNY Plattsburgh, SUNY Plattsburgh must make a fact-specific inquiry to determine how this procedure applies to that student employee. SUNY Plattsburgh will consider if the Complainant or Respondent’s primary relationship with SUNY Plattsburgh is to receive an education and whether the alleged Covered Sexual Harassment occurred while the Party was performing employment-related work. 

Reporting Individual: An individual who brings forward a report of conduct that may violate this Procedure. A Reporting Individual may, but need not, be the Complainant.

Supportive Measures: Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Such measures are designed to restore or preserve equal access to SUNY Plattsburgh’s Education Program or Activity without unreasonably burdening the other Party, including measures designed to protect the safety of all Parties or SUNY Plattsburgh’s educational environment, or deter Sexual Harassment. Supportive Measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. SUNY Plattsburgh must maintain as confidential any Supportive Measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the recipient to provide the Supportive Measures. The Title IX Coordinator is responsible for coordinating the effective implementation of Supportive Measures.

Confidentiality

This grievance procedure is intended to protect the confidentiality of Parties and witnesses during the Title IX process, while also promoting SUNY Plattsburgh’s ability to meet its Title IX obligations, consistent with constitutional and other due process protections. SUNY Plattsburgh will keep confidential the identity of any individual who has made a report or complaint of Sexual Harassment, including any individual who has made a report or filed a Formal Complaint of Sexual Harassment, any Complainant, any individual who has been reported to be the perpetrator of Sexual Harassment, any Respondent, and any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, or its implementing regulations, 34 C.F.R. Part 99; as required by law; or as necessary to carry out the purposes of 34 C.F.R. Part 106, including the outcome of any investigation, hearing, or judicial proceeding arising thereunder. SUNY Plattsburgh will limit the sharing of information to the extent permitted by law. Federal and state laws, rules and regulations, including New York’s Freedom of Information Law, may require disclosure in some circumstances.

SUNY Plattsburgh will take reasonable steps to protect the privacy of the Parties and witnesses during the pendency of the grievance procedure, provided that the steps do not restrict the abilities of the Parties to obtain and present evidence, including by speaking to witnesses (as long as such does not result in Retaliation), consult with their family members, confidential resources, or advisors, or otherwise prepare for or participate in this grievance procedure. A Formal Complaint will require that the institution share the identity of a Complainant with the Respondent and the Parties’ advisors, as well as relevant institutional employees who are assisting with the investigation or adjudication of the Formal Complaint.

Private vs. Confidential Resources

Several identified institutional offices will maintain the confidentiality of your reports, meaning those offices have the ability to not report crimes and violations to law enforcement or SUNY Plattsburgh officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. Reports to confidential resources will not generally trigger an institutional investigation or remedy.

All other institutional offices and employees will maintain the privacy of reports of Covered Sexual Harassment to the greatest extent possible but cannot guarantee confidentiality. Privacy generally means that information related to a report of Covered Sexual Harassment will be shared only with a limited circle of individuals, including individuals who need to know in order to assist in the review, investigation, or resolution of the report or to deliver resources or support services. While not bound by confidentiality or privilege, these individuals will be discreet and respect the privacy of all individuals involved in the process. Information disclosed to these private resources will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and identifying systemic issues.

Making a Report Regarding Covered Sexual Harassment to the Institution

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

Kim Irland
Title IX Coordinator
204 Angell College Center
518-564-3281
[email protected] 

Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator.  For confidential reporting resources that will not forward a report to the Title IX Coordinator, please reference the preceding section, titled “Private vs. Confidential Resources.”

Non-Investigatory Measures Available Under the Title IX Grievance Procedure 

Supportive Measures
Complainants who report allegations that could constitute Covered Sexual Harassment under this Procedure, and Respondents, have the right to receive Supportive Measures from SUNY Plattsburgh regardless of whether a Complainant desires to file a Formal Complaint. Supportive Measures are non-disciplinary and non-punitive.

Emergency Removal
SUNY Plattsburgh retains the authority to impose emergency removals on a student Respondent on an emergency basis, where SUNY Plattsburgh

1. undertakes an individualized safety and risk analysis and
2. determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Covered Sexual Harassment justifies a removal.  

If SUNY Plattsburgh determines an emergency removal is necessary, the Respondent will be provided notice and an opportunity to challenge the decision immediately following the notification. The Respondent may challenge the emergency removal in writing to the Vice President of Diversity, Equity, and Inclusion or their designee within three (3) business days of the receipt of the emergency removal notification.  

Alcohol and/or Drug Use Amnesty
The health and safety of every student at SUNY Plattsburgh is of utmost importance. SUNY Plattsburgh 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. SUNY Plattsburgh strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. 

A bystander or a Reporting Individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to SUNY Plattsburgh officials or law enforcement will not be subject to SUNY Plattsburgh’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.

Disability Accommodations
This grievance procedure does not alter any institutional obligations under applicable federal and state disability laws including the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and the New York State Human Rights Law. Parties may request reasonable accommodations for disclosed disabilities from the Title IX Coordinator at any point before or during this Title IX grievance procedure. Requests will be evaluated in consultation with the appropriate Campus office, and accommodations may be provided where they do not fundamentally alter the process. 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.  

The Title IX Grievance Procedure

Filing a Formal Compliant 

The timeframe for this Title IX grievance procedure begins with the filing of a Formal Complaint. This grievance procedure will be concluded within a reasonably prompt timeframe after the filing of the Formal Complaint, provided that the process may be extended for a good reason, including but not limited to the absence of a Party, a Party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. 

To file a Formal Complaint, a Complainant must provide the Title IX Coordinator with a written, signed Formal Complaint describing the facts alleged. Complainants may file a Formal Complaint under this Procedure only if they are currently participating in, or attempting to participate in, SUNY Plattsburgh’s Education Programs or Activities, including as an employee. For Complainants/Reporting Individuals who do not meet these criteria, SUNY Plattsburgh will utilize existing policy in the Student Conduct Manual, the Discrimination Complaint Procedure, other applicable SUNY Plattsburgh policies and/or procedures, or the employee disciplinary process as described in the applicable collective bargaining agreement, as appropriate. 

If a Complainant does not wish to file a Formal Complaint, the Title IX Coordinator may determine a Formal Complaint is necessary and sign one. If so, SUNY Plattsburgh will inform the Complainant of this decision in writing. The Complainant need not participate further in the process but will receive all notices issued under this Procedure. When the Title IX Coordinator signs a Formal Complaint, the Title IX Coordinator does not become a Complainant or Party to this Procedure. 

Nothing in the Title IX Grievance Procedure, Student Conduct Manual or SUNY Discrimination Complaint Procedure prevents a Complainant or Reporting Individual from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process. 

Initial Assessment

Upon receipt of a report of alleged prohibited conduct, the Title IX Coordinator will make an initial assessment of the reported information and respond to any immediate health or safety concerns raised by the report. The steps in an initial assessment vary based on whether the identity of the Complainant is known.

In the initial assessment and meeting or correspondence with the Complainant, the Title IX Coordinator will:

• Assess the Complainant’s safety and well-being and offer SUNY Plattsburgh’s support and assistance through available resources; 
• Inform the Complainant that the Title IX Coordinator will maintain the Complainant’s privacy to the greatest extent possible and disclose information only as necessary pursuant to this Procedure;
• Inform the Complainant of their right to seek medical treatment (including a sexual assault forensic examination) and explain the importance of obtaining evidence and preserving forensic and other evidence;
• Inform the Complainant of their right to contact law enforcement, be assisted by SUNY Plattsburgh officials in contacting law enforcement, or decline to contact law enforcement, and their right to seek a protective order; 
• Inform the Complainant that the criminal justice system uses different standards of proof and evidence than this Procedure and that any questions about whether the reported prohibited conduct constitutes a penal law violation should be addressed by law enforcement;
• Inform the Complainant about SUNY Plattsburgh and community resources, including counseling, health, and mental health services; victim advocacy; procedural advocacy; legal resources; visa and immigration assistance; student financial aid; and other resources both on campus and in the community, and how to request or contact such resources; 
• Inform the Complainant of the right to seek appropriate and available Supportive Measures and how to request such measures and consider the Complainant’s wishes with respect to Supportive Measures with or without the filing of a Formal Complaint;
• Ensure the Complainant is aware of their right to an advisor of their choice, who may be, but is not required to be, an attorney;
• Inform the Complainant of the right to file a Formal Complaint and seek resolution under this grievance procedure; provide the Complainant with an overview of this procedure, including Supportive Measures; and inform the Complainant of the right to withdraw a Formal Complaint at any time prior to resolution and to decline or discontinue resolution under this procedure at any time, including that declining to participate in an investigation and/or hearing under these procedures may limit SUNY Plattsburgh’s ability to investigate meaningfully and respond to a report of prohibited conduct;
• As possible and appropriate, ascertain the Complainant’s preference for pursuing a Formal Complaint, Supportive Measures, or neither under this Procedure, and discuss with the Complainant any concerns or barriers to participating in any investigation and resolution process under this Procedure;
• Explain that SUNY Plattsburgh prohibits retaliation, that retaliation constitutes prohibited conduct under these procedures, and that SUNY Plattsburgh will take appropriate action in response to any act of retaliation;
• Inform the Complainant of their rights afforded under the Student Bill of Rights; and 
• Communicate with appropriate SUNY Plattsburgh officials to determine whether the report triggers any Clery Act obligations, including the issuance of a timely warning or emergency notification, and take steps to meet those obligations.

Determining Jurisdiction

The Title IX Coordinator or designee will determine if the procedure should apply to a Formal Complaint. This procedure will apply when all the following elements are met, in the reasonable determination of the Title IX Coordinator:

1. The conduct is alleged to have occurred on or after August 14, 2020;
2. The conduct is alleged to have occurred in the United States;
3. The conduct is alleged to have occurred in SUNY Plattsburgh’s Education Program or Activity; and
4. The alleged conduct, if true, would constitute Covered Sexual Harassment as defined in this Procedure.

If all of the elements are met, SUNY Plattsburgh will investigate the allegations according to this procedure.

SUNY Plattsburgh remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule, and will make referrals to the appropriate and applicable procedures when notified of misconduct. Under the 2020 Final Rule, SUNY Plattsburgh must narrow both the geographic jurisdiction of its authority to act under Title IX and the types of “sexual harassment” that it must subject to its Title IX investigation and adjudication process. 

Multi-Party Situations and Consolidation of Complaints
SUNY Plattsburgh may consolidate Formal Complaints alleging Covered Sexual Harassment against more than one Respondent, by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of Covered Sexual Harassment arise out of the same facts or circumstances.

Allegations Potentially Falling Under More Than One Policy or Procedure
If the alleged conduct, if true, includes conduct that would constitute Covered Sexual Harassment and conduct that would not constitute Covered Sexual Harassment, this Title IX grievance procedure will be applied in the investigation and adjudication of all of the allegations.

Mandatory Dismissal
SUNY Plattsburgh will investigate the allegations in a Formal Complaint. If the conduct alleged in the Formal Complaint would not constitute Covered Sexual Harassment as defined in federal law, even if proved; did not occur in SUNY Plattsburgh’s Education Program or Activity; or did not occur against a person in the United States, then SUNY Plattsburgh must dismiss the Formal Complaint regarding that conduct for purposes of Sexual Harassment under Title IX. Such a dismissal does not preclude action under another provision of the institution’s Student Conduct Manual, the Discrimination Complaint Procedure, any other appropriate SUNY Plattsburgh policy and/or procedure, or the employee disciplinary process as described in the applicable collective bargaining agreement. Each Party may appeal a dismissal using the procedure outlined in “Appeals” below.

Discretionary Dismissal
The Title IX Coordinator or designee may dismiss a Formal Complaint brought under the Title IX Grievance Procedure, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if: 

• A Complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint; 
• The Respondent is no longer enrolled or employed by SUNY Plattsburgh; or,
• Specific circumstances prevent SUNY Plattsburgh from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.

Any Party may appeal a dismissal determination using the process set forth in “Appeals” below. 

Notice of Dismissal
Upon reaching a decision that the Formal Complaint will be dismissed, SUNY Plattsburgh will promptly send written notice of the dismissal of the Formal Complaint or any specific allegation within the Formal Complaint and the reason for the dismissal, simultaneously to the Parties through their institutional email accounts. It is the responsibility of the Parties to maintain and regularly check their institutional email accounts.

When a Formal Complaint is dismissed, SUNY Plattsburgh will, at a minimum, offer Supportive Measures to the Complainant as appropriate and to the Respondent as appropriate (if the Respondent has been notified of the allegations), and take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within SUNY Plattsburgh’s Education Program or Activity.

Notice of Removal
Upon dismissal for purposes of Title IX, SUNY Plattsburgh retains discretion to address the allegations under the Student Conduct Manual, the Discrimination Complaint Procedure, another applicable SUNY Plattsburgh policy or procedure, or the employee disciplinary process, as appropriate. If SUNY Plattsburgh refers the allegations to another process, it will promptly provide written notice that the Formal Complaint has been dismissed under this Title IX grievance procedure and that the allegations have been removed from that procedure and referred to the other applicable process.

Notice of Allegations
The Title IX Coordinator will draft and provide the Notice of Allegations to each Party. Such notice will occur as soon as practicable upon receipt of a Formal Complaint, if there are no extenuating circumstances.

The Parties will be notified through their institutional email accounts if they are a student or employee and by other reasonable means if they are neither.

SUNY Plattsburgh will provide sufficient time for the Parties to review the Notice of Allegations and prepare a response before any initial interview. 

The Title IX Coordinator or designee may determine that the Formal Complaint will be dismissed on the grounds identified above and will issue a Notice of Dismissal. If such a determination is made, any Party identified in the Formal Complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations. 

Contents of Notice

The Notice of Allegations will include the following: 

• Notice of the institution’s Title IX Grievance Procedure, including any Informal Resolution, if applicable, and a hyperlink to a copy of the process. 
• Notice of the allegations potentially constituting Covered Sexual Harassment and sufficient details known at the time the notice is issued, such as the identities of the Parties involved in the incident, if known, including the Complainant; the conduct allegedly constituting Covered Sexual Harassment; and the date and location of the alleged incident, if known.
• A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of this grievance procedure. 
• A statement that the Parties may have an advisor of their choice, who may be, but is not required to be, an attorney;
• A statement that before the conclusion of the investigation, the Parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the institution does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a Party or other source;  
• Students are prohibited from knowingly making false statements or knowingly submitting false information during the grievance process as is provided in the Student Conduct Manual.

Ongoing Notice
If during an investigation, SUNY Plattsburgh decides to investigate allegations about the Complainant or Respondent that are not included in the Notice of Allegations and would otherwise constitute Covered Sexual Harassment falling within the Title IX Grievance Procedure, the institution will notify the Parties whose identities are known of the additional allegations through their institutional email accounts or other reasonable means.  The Parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional allegations.  

Advisors of Choice
SUNY Plattsburgh will provide the Parties equal access to advisors and support persons and will not limit the choice or presence of advisor for either Party. Any restrictions on advisor participation will be applied equally.

Individuals participating as a Complainant or Respondent in this process may be accompanied by an advisor of choice to any meeting or hearing they are required or are eligible to attend. The advisor of choice is not an advocate. Except where explicitly stated by this procedure, advisors of choice shall not participate directly in the process, consistent with standard policy and practice of SUNY Plattsburgh, except for required cross-examination by such advisor during a live hearing. SUNY Plattsburgh may establish Rules of Decorum and otherwise establish restrictions regarding the extent to which advisors may participate in the proceedings. 

 SUNY Plattsburgh will not intentionally schedule meetings or hearings on dates when the advisors of choice for all Parties are not available, provided that the advisors act reasonably in providing available dates and work collegially to find dates and times that meet all schedules within a reasonable timeframe.

SUNY Plattsburgh’s obligations to investigate and adjudicate in a prompt timeframe under Title IX and other SUNY Plattsburgh policies apply to matters governed under this procedure, and SUNY Plattsburgh cannot agree to extensive delays solely to accommodate the schedule of an advisor of choice. The determination of what is reasonable shall be made by the Title IX Coordinator or designee. SUNY Plattsburgh will not be obligated to delay a meeting or hearing under this process more than five (5) business days due to the unavailability of an advisor of choice, and may offer the Party the opportunity to obtain a different advisor of choice or utilize one provided by SUNY Plattsburgh. 

Notice of Meetings and Interviews
SUNY Plattsburgh will provide, to a Party whose participation is invited or expected, written notice of the date, time, location, participants and purpose of all hearings, investigative interviews or other meetings with a Party, with sufficient time for the Party to prepare to participate.

Informal Resolution
A Complainant who files a Formal Complaint may elect, at any time, to address the matter through SUNY Plattsburgh’s Informal Resolution Process. All Parties to a Formal Complaint Information about this process is available in Section 7: Procedures.

Informal resolution is only permitted to address allegations of student-on-student hostile environment sexual harassment.

Informal resolution processes may never be applied where the allegations include sexual violence: sexual assault, stalking, and/or domestic or dating violence, and is never allowed as an option to resolve allegations that an employee sexually harassed a student.

Investigation

General Rules of Investigations
The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will perform an investigation of the conduct alleged to constitute Covered Sexual Harassment in a reasonably prompt timeframe after issuing the Notice of Allegations. The investigation will generally include individual interviews of the Complainant/Reporting Individual, the Respondent, and relevant witnesses. The Parties may submit in writing the names of witnesses they would like the investigator to interview and proposed questions or topics for the investigator to address with witnesses, themselves, and the other Party. The investigator has the discretion to determine the relevance of any proffered witnesses and, accordingly, will determine which witnesses to interview.

SUNY Plattsburgh, and not the Parties, has the burden of proof and the burden of gathering evidence sufficient to reach a determination, i.e., the responsibility of showing that a violation of this procedure has occurred. This burden does not rest with either Party, and either Party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from SUNY Plattsburgh and does not indicate responsibility.

SUNY Plattsburgh cannot access, consider, disclose, or otherwise use a Party’s medical records without a voluntary, written consent from the Party to whom the records belong or about whom the records contain information. SUNY Plattsburgh will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e., evidence that tends to prove and disprove the allegations) as described below. 

All deadlines and time requirements in this procedure may be extended for good cause as determined by the Title IX Coordinator or their designee. The Respondent and the Complainant, as well as their advisors, will be notified in writing of the delay, the reason for the delay, and the date of the new deadline or event. Extensions requested by one Party will not typically be longer than five (5) business days.  

Inspection and Review of Evidence
Prior to the completion of the investigation, the Parties will have an equal opportunity to inspect and review the evidence obtained through the investigation in an electronic format or a hard copy. The purpose of the inspection and review process is to allow each Party an equal opportunity to respond meaningfully to the evidence prior to the conclusion of the investigation.  The Parties will have at least ten (10) business days to submit a written response, which the investigator will consider prior to completion of the investigative report. 

Evidence available for inspection and review by the Parties will include any evidence that is Relevant or directly related to the allegations raised in the Formal Complaint, including:

1. Evidence that is related, even if that evidence does not end up being relied upon by SUNY Plattsburgh in making a determination regarding responsibility; 
2. Inculpatory or exculpatory evidence (i.e. evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a Party or other source.

All Parties must submit any evidence they would like the investigator to consider before the Parties’ time to inspect and review evidence begins. 

SUNY Plattsburgh will provide each Party and each Party’s advisor, if any, with the evidence made available for inspection and review. SUNY Plattsburgh is not obligated to use any specific process or technology to provide the evidence and has sole discretion to determine the format and any restrictions or limitations on access.  

Any evidence deemed relevant after inspection and review will be available at any hearing, including for purposes of cross-examination.

The Parties and their advisors must sign an agreement not to disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to this Title IX grievance procedure. 

The Parties and their advisors agree not to photograph or otherwise copy the evidence. 

Inclusion of Evidence Not Directly Related to the Allegations
Evidence obtained in the investigation that is determined, in the reasoned judgment of the Title IX Coordinator or their designee, not to be directly related or Relevant to the allegations in the Formal Complaint will be included in the appendices to the investigative report. These appendices will be made available exclusively to both Parties unless an appeal is filed. 

Investigative Report
The Title IX Coordinator or their designee will create an investigative report that fairly summarizes relevant evidence and, at least ten (10) business days prior to a hearing, will send the investigative report, in electronic format or hard copy format, to each Party and the Party’s advisor.  The investigative report is not intended to catalog all evidence obtained by the Title IX Coordinator or their designee, but only to provide a fair summary of that evidence. Only relevant evidence (including both inculpatory and exculpatory, i.e., tending to prove and disprove the allegations) will be referenced in the investigative report.   The Title IX Coordinator or their designee may redact irrelevant information from the investigative report when that information is contained in documents or evidence that are otherwise Relevant. 

Hearing

General Rules of Hearings
SUNY Plattsburgh will not issue a disciplinary sanction arising from an allegation of Covered Sexual Harassment without holding a live hearing unless otherwise resolved through an Informal Resolution process.

The live hearing may be conducted with all Parties physically present in the same geographic location, or, at the request of either Party, SUNY Plattsburgh will provide for the live hearing to occur with the Parties located in separate rooms with technology enabling the Decision-maker(s) and Parties to simultaneously see and hear the Parties or the witnesses answering questions. At the discretion of SUNY Plattsburgh, any or all witnesses and other participants may appear at the live hearing virtually. At its discretion, SUNY Plattsburgh may delay or adjourn a hearing based on technological errors not within a Party’s control. 

Prior to obtaining access to any evidence, the Parties and their advisors must sign an agreement not to disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to this Title IX grievance procedure. Once signed, this agreement may not be withdrawn. 

Continuances or Granting Extensions 
SUNY Plattsburgh may determine that multiple sessions or a continuance (i.e., a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, SUNY Plattsburgh will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable.  

Newly Discovered Evidence
As a general rule, no new evidence or witnesses may be submitted during the live hearing.

If a Party identifies new evidence or witnesses that were not reasonably available prior to the live hearing and could affect the outcome of the matter, the Party may request that such evidence or witnesses be considered at the live hearing.

The Decision-maker will consider this request and make a determination regarding: 

1. whether such evidence or witness testimony was unavailable despite reasonable efforts prior to the hearing; and 
2. whether such evidence or witness testimony could affect the outcome of the matter. 

The Party offering the newly discovered evidence or witness has the burden of establishing these questions by the preponderance of the evidence.

If the Decision-maker answers in the affirmative to both questions, then the Parties will be granted a reasonable pause in the hearing to review the evidence and/or prepare for questioning of the witness.

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

Complainant and Respondent (the Parties)

• The Parties cannot waive the right to a live hearing, though they are not required to participate.
• SUNY Plattsburgh may still proceed with the live hearing in the absence of a Party and may reach a determination of responsibility in their absence.
• The SUNY Plattsburgh will not threaten, coerce, intimidate or discriminate against the Party in an attempt to secure the Party’s participation. 
• The Decision-maker cannot draw an inference about the determination regarding responsibility based solely on a Party’s absence from the live hearing or refusal to answer cross-examination or other questions. 
• The Parties shall be subject to SUNY Plattsburgh’s Rules of Decorum, which can be found on SUNY Plattsburgh’s website and will be provided in advance of any live hearing.

The Decision-maker

• The Decision-maker will be a hearing body that will consist of a panel of three panelists.
• No member of the hearing body will also have served as the Title IX Coordinator, Title IX investigator or advisor to any Party in the case, nor may any member of the hearing body serve on the appeals body in the case. 
• No member of the hearing body will have a conflict of interest or bias in favor of or against Complainants or Respondents generally, or in favor of or against the Parties to the particular case.  
• The hearing body will be trained on topics including how to serve impartially, issues of relevance, including how to apply the rape shield protections provided for Complainants, and any technology to be used at the hearing.  
• The Parties will have an opportunity to raise any objections regarding a Decision-maker’s actual or perceived conflicts of interest or bias at the commencement of the live hearing. 

Advisor of Choice

• The Parties have the right to select an advisor of their choice, who may be, but does not have to be, an attorney. If a Party does not have an advisor present at the live hearing, SUNY Plattsburgh will provide, without fee or charge to that Party, an advisor of SUNY Plattsburgh’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that Party.
• The advisor of choice may accompany the Parties to any meeting or hearing they are permitted to attend, but may not speak for the Party, except for the purpose of cross-examination at a live hearing.  
• The Parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a Party does not select an advisor, SUNY Plattsburgh will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at no fee or charge to the Party. 
• If a Party does not attend the live hearing, the Party’s advisor may appear and conduct cross-examination on their behalf.  
• If neither a Party nor their advisor appear at the hearing SUNY Plattsburgh will provide an advisor to appear on behalf of the non-appearing Party.
• Advisors must follow SUNY Plattsburgh’s Rules of Decorum applicable to advisors, which are available on SUNY Plattsburgh’s website and will be provided to all advisors prior to the live hearing. 

Witnesses

• Witnesses cannot be compelled to participate in the live hearing and have the right not to participate in the hearing free from retaliation. 

Hearing Procedures
Title IX hearings are not civil or criminal proceedings and are not designed to mimic formal trial proceedings. They are primarily educational in nature, and SUNY Plattsburgh will not permit any advisor or Decision-maker to question witnesses or Parties in an abusive, intimidating, or disrespectful manner. All Parties, advisors of choice, institutional staff, and witnesses must treat others who are engaged in the process with respect. These standards apply equally to all Parties and their advisors regardless of sex, gender, or other protected class, and regardless of whether they are in the role of Complainant or Respondent. 

For all live hearings conducted, the administrative hearing officer will open and establish rules and expectations for the hearing. The Parties will each be given an opportunity to provide opening statements. Questioning of the Parties and witnesses will occur according to the procedures below.

Live Cross-Examination Procedure
Each Party’s advisor will conduct live cross-examination of the other Party or Parties and witnesses. During this live cross-examination the advisor will ask the other Party or Parties and witnesses relevant questions and follow-up questions, including those challenging credibility directly, orally, and in real time.  Before any cross-examination question is answered, the Decision-maker will determine if the question is relevant and explain any decision to exclude a question as not relevant. Cross-examination questions that are duplicative of those already asked, including by the Decision-maker, may be deemed irrelevant if they have been asked and answered.

If the Decision-maker determines that an advisor’s question is relevant and not otherwise impermissible, then the question will be asked unless such question is unclear or harassing of the Party or witness being questioned. 

The Decision-maker must give an advisor an opportunity to clarify or revise a question that the Decision-maker has determined is unclear or harassing and, if the advisor sufficiently clarifies or revises a question so that it is no longer unclear or harassing, the question will be asked.

Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not Relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

Rules of Decorum
When a Party’s advisor is removed from a hearing due to violation(s) of the Rules of Decorum, the hearing will continue in the absence of that advisor. The Party may select a different advisor of their choice, or accept an advisor provided by SUNY Plattsburgh for the limited purpose of cross-examination at the hearing. Reasonable delays, including the temporary adjournment of the hearing, may be anticipated should an advisor be removed. A Party cannot serve as their own advisor in this circumstance.

Where an advisor asks a relevant question in a manner that violates the Rules, such as yelling, screaming, badgering, or leaning-in to the witness or Party’s personal space, the question may not be deemed irrelevant by the Decision-maker simply because of the manner it was delivered. 

Under that circumstance, the Decision-maker will notify the advisor of the violation of the Rules, and, if the question is Relevant, will allow the question to be re-asked in a respectful, non-abusive manner by the advisor (or a replacement advisor, should the advisor be removed for violation of the Rules). 

Review of Transcript/Recording 
The institution will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the Parties for inspection and review.

Determination Regarding Responsibility 

Standard of Proof
SUNY Plattsburgh presumes that the Respondent is not responsible for the alleged Covered Sexual Harassment until a determination is made at the end of this Procedure. SUNY Plattsburgh uses the preponderance of the evidence standard for investigations and determinations of responsibility for Formal Complaints covered under the Title IX Grievance Procedure. This means that the investigation and hearing determine whether it is more likely than not that a violation of the Procedure occurred. 

General Considerations for Evaluating Testimony and Evidence
While the opportunity for cross-examination is required in all Title IX hearings, determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual and digital evidence, as warranted in the reasoned judgment of the Decision-maker. 

The Decision-maker shall not draw inferences regarding a Party’s or witness’s credibility based on the Party’s or witness’s status as a Complainant, Respondent, or witness, nor shall the Decision-maker base their judgments in stereotypes about how a Party or witness would or should act under the circumstances. 

Generally, credibility judgments should rest on the demeanor of the Party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence

Still, credibility judgments should not rest on whether a Party’s or witness’s testimony is non-linear or incomplete, or whether the Party or witness is displaying stress or anxiety.   

The Decision-maker will afford the highest weight relative to other testimony to first-hand testimony by Parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e., tending to prove and disprove the allegations) evidence will be weighed in equal fashion. 

Except where specifically barred by the Title IX Final Rule, a witness’s testimony regarding third-party knowledge of the facts at issue will be allowed but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred. 

The Decision-maker cannot draw an inference about the determination regarding responsibility based solely on a Party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

The Final Rule requires that SUNY Plattsburgh allow Parties to call expert witnesses and character witnesses and present testimony regarding polygraph tests and other procedures that are outside of standard use in academic and non-academic conduct processes. While these witnesses, testimony, and evidence are allowed by the Title IX Final Rule, the Decision-maker will be instructed to afford lower weight to such evidence relative to the testimony of fact witnesses. 

Where a Party’s or witness’s conduct or statements demonstrate that the Party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the Decision-maker may draw an adverse inference as to that Party’s or witness’s credibility. 

Components of the Determination Regarding Responsibility 
The written Determination Regarding Responsibility will be issued simultaneously to all Parties through their institutional email accounts or other reasonable means, as necessary. The Determination will include: 

1. Identification of the allegations potentially constituting Covered Sexual Harassment; 
2. A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the Parties, interviews with Parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
3. Findings of fact supporting the determination;
4. Conclusions regarding the application of the Code of Conduct or other applicable policy to the facts;
5. For each allegation:
   1. A statement of, and rationale for, a determination regarding responsibility;
   2. A statement of, and rationale for, any disciplinary sanctions from the Student Conduct Manual the recipient imposes on the Respondent; and
   3. A statement of, and rationale for, whether remedies designed to restore or preserve equal access to SUNY Plattsburgh’s Education Program or Activity will be provided by SUNY Plattsburgh to the Complainant/Reporting Individual; and 
6. SUNY Plattsburgh’s procedures and the permitted reasons for the Complainant and Respondent to appeal (described below in “Appeals”).   

Timeline of Determination Regarding Responsibility
For cases involving student Respondents, if there are no extenuating circumstances, the determination regarding responsibility will be issued by SUNY Plattsburgh within ten (10) business days of the completion of the hearing.

Sanctions for Students

For cases with a student Respondent who was determined to be responsible, the written Determination Regarding Responsibility will also include a statement of the sanctions. In determining sanctions, the Panel will consider the severity of the prohibited conduct; the circumstances of the prohibited conduct; the impact of the prohibited conduct and sanctions on the Complainant and remedies for the Complainant; the impact of the prohibited conduct and sanctions and remedies on the community; the impact of the prohibited conduct and sanctions and remedies on the Respondent; prior misconduct by the Respondent, including the Respondent’s previous school disciplinary record, both at the institution and elsewhere, and any criminal convictions; the goals of this policy and procedure; and and any other mitigating, aggravating, or compelling factors. 

The possible sanctions for student Respondents are as follows, in accordance with SUNY Plattsburgh’s Student Conduct Manual:

• Sexual Harassment
  • Quid pro quo harassment — Probation or Suspension, of one, two, three, four, five, six, seven, or eight semesters, or Dismissal
  • Hostile environment harassment — Probation or Suspension, of one, two, three, four, five, six, seven, or eight semesters, or Dismissal
• Sexual Assault — Suspension of one, two, three, four, five, six, seven, or eight semesters, or Dismissal
  • Any student who has been found responsible through this procedure or the student conduct process for committing the act of Rape shall be issued the sanction of suspension or expulsion from SUNY Plattsburgh. For any such Respondent, if the Rape was forcible, meaning that the Rape was accomplished by physical force, threat, or drugging by the Respondent, the Respondent shall be issued the sanction of expulsion from SUNY Plattsburgh. All decisions must be in writing and must include the rationale for findings of responsibility and sanctions imposed in accordance with this procedure.
• Dating Violence — Probation, or Suspension of between 1-8 semesters, or Dismissal
• Domestic Violence — or Suspension of between 1-8 semesters, or Dismissal
• Stalking — Probation, or or Suspension of between 1-8 semesters, or Dismissal

Appeals

Parties may appeal a dismissal of a Formal Complaint, any included allegations and/or a determination regarding responsibility by submitting a written appeal to the Title IX Coordinator within five (5) business days after receiving the written decision. For student Respondents, appeals will be heard by the Title IX Appeals Panel.  Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the proceedings and/or supporting documents. 

Such appeals shall be in writing and shall be delivered to the Title IX Coordinator at [email protected]. Each Party may appeal the dismissal of a Formal Complaint or any included allegations and/or a determination regarding responsibility on the following bases:

1. 1. Procedural irregularity that affected the outcome of the matter; 
   2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and 
   3. The Title IX Coordinator, investigator(s), or decision-maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

The other Party will be notified in writing when an appeal is filed, and SUNY Plattsburgh will implement appeal procedures equally for both Parties.

The Title IX Coordinator will administer the appeal process, including notifying the Parties, transmitting the appeal materials to the Appeals Panel, and coordinating applicable deadlines. The Title IX Coordinator will not participate in the Appeals Panel’s deliberations or decision. If an appeal alleges that the Title IX Coordinator has a conflict of interest or bias that affected the outcome, another qualified campus official will administer the appeal process and appoint or coordinate the Appeals Panel, as appropriate. The Decision-maker for the appeal will not be the same person as the Decision-maker that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator. Both Parties will be provided a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. 

Within fourteen (14) business days of receipt of all appeal materials, the institution will issue a written decision describing the result of the appeal and the rationale for the result and provide the written decision simultaneously to both Parties.

The filing of an appeal stays any sanctions during the pendency of an appeal. Supportive Measures and remote learning opportunities remain available during the pendency of the appeal.

Composition of Appeal Panel
The Title IX Appeals Panel will review all student appeals brought forward by either Party in cases involving Title IX.  It shall be composed of three individuals appointed by the Title IX Office who have been trained in accordance with state and federal law. The Panel shall be trained annually on Title IX processes and decision-making. 

In the event that a member of the Title IX Appeals Panel cannot hear the case or must recuse themselves, the Title IX Coordinator or other appropriate designee may appoint another panel member to review the case. 

Finality
The determination regarding responsibility becomes final either on the date that SUNY Plattsburgh provides the Parties with the written determination of the result of the appeal, if an appeal is filed consistent with the procedures and timeline outlined in “Appeals” above, or if an appeal is not filed, the date on which the opportunity to appeal expires.

Transcript Notations

For crimes of violence, including, without limitation, sexual violence, defined as crimes that meet the reporting requirements pursuant to the Clery Act (20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII)), SUNY Plattsburgh is required to make a notation on the transcript of a student found responsible for suspension or expulsion.

Students who are Suspended or Dismissed for Title IX violations will have the following permanent statement placed on their transcript as appropriate: “Suspended after a finding of Responsibility for a code of conduct violation” or “Dismissed after a finding of Responsibility for a code of conduct violation.” 

Suspended students, no sooner than one year after the conclusion of their suspension, may submit a written request to the Title IX Coordinator, to have the transcript notation removed. The decision of whether or not to remove the transcript notation, as well as determining when the notation will be removed is at the discretion of the Title IX Coordinator. 

Transcript notations for students who are dismissed are permanent. 

Students who withdraw or take a leave of absence after being charged with a violation of the Title IX Grievance Policy will have the following notation on their transcript: “Withdrew with Student Conduct Charges Pending” until the case is resolved.

Retaliation

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX. Complaints alleging Retaliation involving a student may be filed under SUNY Plattsburgh’s Student Conduct Manual; complaints involving an employee may be referred to the Human Resources Office.

Alternative Informal Resolution Procedures

Procedures for Entering and Exiting Informal Resolution Process
At any time prior to determining whether Covered Sexual Harassment occurred under this Grievance Procedure, Parties may instead seek SUNY Plattsburgh’s assistance to resolve allegations of Covered Sexual Harassment, and may elect to enter the informal resolution process. 

The Parties may voluntarily elect to enter the SUNY Plattsburgh’s Alternative Informal Resolution process at any time through an informed written consent in the form of an Agreement to Participate in Informal Resolution. This informed written consent will include all terms of the elected informal process, including a statement that any agreement reached through the process is binding on the Parties.

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

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

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

Notice Prior to Entry Into Alternative Informal Resolution Process
Before the initiation of an Alternative Informal Resolution process, the Title IX Coordinator must provide to the Parties a written notice that explains:

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

Determination to Approve Entry into Alternative Informal Resolution Process
Even where the Parties agree to submit a matter to informal resolution, the Title IX Coordinator or designee must approve the decision to move the matter to the informal resolution process and may determine that informal resolution is not appropriate under the circumstances.

Factors that the Title IX Coordinator or designee may weigh in considering the appropriateness of the informal resolution process include, but are not limited to, the gravity of the allegations, whether there is an ongoing threat of harm or safety to the campus, whether the respondent is a repeat offender, and whether the Parties are participating in good faith. This determination is not subject to appeal.

Informal resolution is only permitted to address allegations of student-on-student hostile environment sexual harassment, and is never allowed as an option to resolve allegations that an employee sexually harassed a student. 

At any time after the commencement of the informal resolution process, the Title IX Coordinator or designee may determine that the informal resolution process is not an appropriate method for resolving the matter, and may require that the matter be resolved through the formal process. This determination is not subject to appeal.

Role of the Facilitator
Alternative Informal Resolution processes are managed by trained facilitators. All facilitators must not be the same person as the decision maker(s) in SUNY Plattsburgh’s Grievance Procedures. Any person designated to facilitate Alternative Informal Resolution must not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. 

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

• SUNY Plattsburgh’s obligation to address sex discrimination, including covered sexual harassment, in its Education Program or Activity;
• The scope of conduct that constitutes covered sexual harassment under Title IX;
• The rules and practices associated with SUNY Plattsburgh’s informal resolution process; and
• How to serve impartially, including by avoiding conflicts of interest and bias.

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

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

Breach of Informal Resolution Agreements
If a Party breaches the resolution or if SUNY Plattsburgh has other compelling reasons, such as if it learns of any fraud by a Party in entering into the agreement, SUNY Plattsburgh may void the agreement and initiate or resume the Grievance Procedures.

Confidentiality During Informal Resolutions
In entering the Alternative Informal resolution process, the Parties agree that any testimony and evidence (including admissions of responsibility) they share or receive during the informal resolution process concerning the allegations of the complaint are confidential while the Parties participate in the informal resolution process. No evidence concerning the allegations obtained within the informal resolution process may be disseminated to any person, provided that any Party to the informal resolution process may generally discuss the allegations under investigation with a parent, friend, advisor, or other source of emotional support, or with an advocacy organization. Should the Parties withdraw from the informal resolution process, information disclosed or obtained for purposes of the informal resolution process may be incorporated into the Grievance Procedures, provided that this information is disclosed and reviewed by the Parties under SUNY Plattsburgh’s Grievance Procedures.

Informal Resolution Options
SUNY Plattsburgh offers the following informal resolution procedures for addressing complaints of Covered Sexual Harassment described under this policy:

1. Mediation

The purpose of mediation is for the Parties who are in conflict to identify the implications of a student’s actions and, with the assistance of a trained facilitator, identify points of agreement and appropriate Remedies to address them. Either Party can request mediation to seek resolution; mediation will be used only with the consent of both Parties, who will be asked not to contact one another during the process. The Title IX Office will also review any request for mediation, and may decline to mediate based on the facts and circumstances of the particular case. Either Party has the right to terminate the mediation process and choose or resume another option for resolution at any time. 

The mediation process will typically commence within 10 business days after the Title IX Office receives consent to mediate from both Parties, and has made its determination to allow informal resolution to go forward.  Mediation will continue until concluded or terminated by either Party, the facilitator, or the Title IX Office. During mediation, any potential investigation will halt, and calculations for time frames will be stayed. If the mediation results in a resolution, the disciplinary process will be concluded, and the matter will be closed. If a resolution cannot be reached, the matter will be referred to the Title IX Coordinator to re-evaluate other options for resolution, including investigation or proceeding forward with the Grievance Procedures.

During mediation, a facilitator will guide a discussion between the Parties.  In circumstances where the Parties do not wish to meet face to face, either Party can request “caucus” mediation, and the facilitator will conduct separate meetings. Whether or not the Parties agree to meet face to face, each Party will be permitted to bring an advisor of their choice to any meetings who may be, but is not required to be, an attorney.

At the conclusion of the mediation, the facilitator will memorialize the agreement that was reached between the Parties. The Title IX Office will monitor adherence to the proposed solution and close the matter when compliance is satisfactory.

2. Administrative Resolution

Should the Parties mutually determine to enter the Alternative Informal Resolution process, and the Respondent elects to accept responsibility for the allegations of the complaint at any point during the informal resolution process, the institution may administratively resolve the complaint. 

Where the Respondent admits responsibility, the Parties will receive simultaneous written notification of the acceptance of responsibility, and a hearing panel will convene to determine the Respondent’s sanction and other Remedies, as appropriate and consistent with institutional policy. The Parties will be given an opportunity to be heard at the sanctions hearing, including without limitation, the submission of impact statements, and the Parties may be accompanied by their Advisor, but questioning of Parties or witnesses will not be permitted. The Parties will receive simultaneous written notification of the decision regarding sanctions and remedies, which may be appealed according to the process describing Appeals.

The Title IX Coordinator will monitor the Parties’ adherence to their proposed solution and reserves the right to close the matter when compliance is satisfactory.

Non-Retaliation Statement and SUNY Plattsburgh Commitment to Non-Retaliation 
All employees and students who have made a complaint about, been a respondent to, or a witness in a complaint about discrimination and/or harassment are protected from retaliation. When SUNY Plattsburgh has information about conduct, actions, or adverse consequences that may reasonably constitute Retaliation under the Non-Discrimination Policy, Title IX, DIRECT Bias Incident Report or Hate Crime Complaints, Academic Grade Disputes due to bias related to protected class status, or any other Grievance Procedure, SUNY Plattsburgh is obligated to initiate its applicable grievance procedures and any applicable investigative process to review and/or address the complaint. 

No person may intimidate, threaten, coerce, discriminate against, or take adverse action against any individual because that individual has made a report or complaint, testified, assisted, participated in, or refused to participate in any manner in an investigation, proceeding or hearing under SUNY Plattsburgh’s Grievance Procedures. 

Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by this policy and/or applicable and related policies, or its implementation constitutes Retaliation. 

Complaints alleging Retaliation following a report of sexual harassment and/or during a Title IX grievance procedure should be filed with the Title IX Coordinator.

• Clery Crime Incident Reporting Form
• Title IX Reporting Form

Related Policies

• SUNY Policy #6501 – Discrimination Complaint Procedure for Non-Title IX Discrimination and Title IX Discrimination (including Title IX sex-based harassment involving employee respondents)
• SUNY Policy #6507 – Sexual Harassment Response And Prevention Statement
• SUNY Plattsburgh Policy #2000.6.P – Discrimination Complaint Procedure and Employee Title IX Grievance Procedure
• SUNY Plattsburgh Policy #2001.5 – Interpersonal Violence
• SUNY Plattsburgh Policy #2004.7 – Sexual Harassment and Sexual Violence
• SUNY Plattsburgh Policy #2005.2 – DIRECT Response, Bias Act & Hate Crime Response Policy
• SUNY Plattsburgh Policy #4048.2 – Lactation Accommodation Policy
• SUNY Plattsburgh Policy #8023.2 – No Contact Order
• SUNY Plattsburgh Policy #8030.1 – Gender-Based Violence & the Workplace Policy
• SUNY Plattsburgh Policy #10019.2 – Responsible Use of Technology Resources Policy

Related Links

• Equal Employment Opportunity Commission (EEOC)
• Office for the Prevention of Domestic Violence
• NYSACA.ORG
• NYS Office of Victim Services
• Planned Parenthood of the North Country, Inc.
• Sexual Assault Service
• STOP Domestic Violence
• SUNY Plattsburgh Students’ Bill of Rights
• SUNY Plattsburgh Student Conduct Manual
• SUNY Plattsburgh Student Health & Counseling Center
• SUNY Plattsburgh Title IX
• U.S. Office of Civil Rights

On Campus Services and Supports

Title IX Coordinator	518-564-3281 (not confidential)
Deputy Title IX Coordinator	518-564-5415 (not confidential)
Affirmative Action Officer & Special Projects Coordinator	518-564-5067 (not confidential)
University Police	518-564-2022 (not confidential)
Student Health and Counseling Center	518-564-2187
Student Conduct Office	518-564-3282 (not confidential)
Campus Housing & Community Living	518-564-3824 (not confidential)
Human Resource & Payroll Services	518-564-5062 (not confidential)
Employee Assistance Program	1-800-822-0244

Off Campus Services and Support 

Sexual Assault Services, Planned Parenthood of the North Country New York	1-877-212-2323
BHSN Stop Domestic & Sexual Violence Program	1-518-563-6904
Plattsburgh City Police	518-563-3411
NY State Police (Troop B)	518-563-3761
NY State Police (Troop B) - 24-Hr Sexual Violence Reporting Hotline:	1-844-845-7269
UVM Health Network & Champlain Valley Physicians Hospital (CVPH) Emergency Center and Sexual Assault Nurse Examiners (SANE)	518-562-7370
New York State Hotline for Sexual Assault and Domestic Violence	1-800-942-6906
Other resources listed and updated online here

 

Method	Date
Campus Handbook	8/27/26
Faculty/Staff Digest	8/31/26
Student Digest	8/31/26
Other	N/A

Training:

In-person and online trainings are offered annually.