For more information on Title IX, to report an incident or to inquire about training, contact your Title IX Coordinator:
First time freshmen, transfer students and students who wish to apply for associate or bachelor’s degree programs.
Students who wish to apply for master’s degree programs or advanced certifications.
Students who wish to apply for our online-only degree programs.
There’s no better time than now to take the next step in your education. Request information for a Medaille College program below...
High school students and transfer students who want to enroll in day classes at the Buffalo campus.
Adult learners applying to our undergraduate or graduate degree programs at either our Buffalo or Rochester campuses.
Adult learners applying to our online undergraduate or graduate degree programs.
Medaille College is committed to providing an environment free from discrimination on the basis of sex. Medaille College provides many resources to students, faculty and staff to address concerns relating to discrimination on the basis of sex, which includes sexual misconduct.
What is sexual violence?
Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse and sexual coercion. Sexual violence can be carried out by school employees, other students or third parties. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX.
What are a school’s basic responsibilities to address student-on-student sexual violence?
When a school knows or reasonably should know of possible sexual violence, it must take immediate and appropriate steps to investigate or otherwise determine what occurred. If an investigation reveals that sexual violence created a hostile environment, the school must then take prompt and effective steps reasonably calculated to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects. But a school should not wait to take steps to protect its students until students have already been deprived of educational opportunities. Title IX requires a school to protect the complainant and ensure his or her safety as necessary, including taking interim steps before the final outcome of any investigation. The school should take these steps promptly once it has notice of a sexual violence allegation and should provide the complainant with periodic updates on the status of the investigation. If the school determines that the sexual violence occurred, the school must continue to take these steps to protect the complainant and ensure his or her safety, as necessary. The school should also ensure that the complainant is aware of any available resources, such as victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, and legal assistance, as well as the right to report a crime to campus or local law enforcement. If a school delays responding to allegations of sexual violence or responds inappropriately, the school’s own inaction may subject the student to a hostile environment. If it does, the school will also be required to remedy the effects of the sexual violence that could reasonably have been prevented had the school responded promptly and appropriately. For example, if a school’s ignoring of a student’s complaints of sexual assault by a fellow student results in the complaining student having to remain in classes with the other student for several weeks, and the complaining student’s grades suffer because he or she was unable to concentrate in these classes, the school may need to permit the complaining student to retake the classes without an academic or financial penalty (in addition to any other remedies) in order to address the effects of the sexual violence.
What is meant by affirmative consent?
Affirmative consent is sexual permission. In order for individuals to engage in sexual activity of any type with each other, there must be affirmative consent. Consent can be given by word or action, but non-verbal consent is less clear than explicit verbal consent. Consent to some form of sexual activity cannot be automatically taken as consent to any other sexual activity. Silence — without actions demonstrating permission — cannot be assumed to show consent. Coerced sexual activity violates this policy just as much as physically forced sexual activity does. Coercion happens when someone unreasonably pressures someone else for sex. Persons impaired from using alcohol or other drugs are considered unable to give effective consent.
In addition, according to NYS Penal Law, Article 130, Sex Offenses, a person is considered unable to give effective consent under the following conditions:
Does Title IX protect all students from sexual violence?
Yes. Title IX protects all students at recipient institutions from sex discrimination, including sexual violence. Any student can experience sexual violence: from elementary to professional school students; male and female students; straight, gay, lesbian, bisexual and transgender students; part-time and full-time students; students with and without disabilities; and students of different races and national origins.
I would like to report an incident of sexual assault, discrimination or sexual harassment. Who do I contact?
If anyone on the above list learns about sexual harassment, discrimination or sexual assault, they are expected to promptly contact the campus Title IX Coordinator, Steve MacMartin.
If I file a report, will it be confidential?
Medaille College strongly supports a student’s interest in confidentiality in sexual violence cases. However, confidentiality is not guaranteed in Title IX complaints. Confidentiality requests will only be overridden to meet Title IX obligations, and in that case shared with a limited number of necessary, “responsible employees.” All information will be kept securely. Even if a student does not ask for confidentiality, these matters are private and should only be shared with individuals responsible for handling the institution’s response.
New York Article 129-B Legislation: http://www.nysenate.gov/legislation/bills/2015/S5965
New York State Department of Health Rape Crisis and Sexual Violence Prevention Program: https://www.health.ny.gov/prevention/sexual_violence/
New York State Office for the Prevention of Domestic Violence: http://www.opdv.ny.gov/
New York State Coalition Against Sexual Assault: http://nyscasa.org/
New York State Coalition Against Domestic Violence: http://www.nyscadv.org/
Violence Against Women Act Final Regulations: https://www.federalregister.gov/articles/2014/10/20/2014-24284/violence-againstwomen-act
Federal Department of Education Office for Civil Rights Title IX Guidance: http://www2.ed.gov/about/offices/list/ocr/publications.html#TitleIX
For more information on Title IX, to report an incident or to inquire about training, contact your Title IX coordinator: