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Title IXnext

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Title IX of the Education Amendments of 1972 protects people from sex discrimination and harassment in educational programs and activities at institutions that receive federal financial assistance.

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.

Your Title IX Coordinator

For more information on Title IX, to report an incident or to inquire about training, contact your Title IX Coordinator:

Steve MacMartin

titleIX@medaille.edu

(716) 880-2119

 

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FAQ

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: 

  • He/she is unconscious or otherwise physically unable to communicate consent or lack of consent to an act. 
  • He/she is mentally disabled or suffers from a mental disorder, which renders him/her incapable of appraising or controlling his/her conduct. 
  • He/she is mentally incapacitated, rendering him/her temporarily incapable of appraising the nature of his/her conduct, due to the influence of alcohol or other drugs, administered to him/her without his/her consent. 
  • He/she is less than 17 years old.

 

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?

  • Title IX Coordinator
  • Title IX Investigators
  • Public Safety
  • Student Club Advisors
  • Student Advisors (advisement center, TRiO, any faculty member who advises)
  • Coaches
  • Resident Directors
  • Resident Assistants
  • Student Affairs Personnel
  • Human Resources
  • Center for Community Based Learning 

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.

  • a. If a student asks that his or her name not be revealed to the accused, or that the campus not investigate, the campus should inform the student that honoring the request may limit its ability to respond fully to the incident. Inform the complainant that retaliation is prohibited.
  • b. If a student still insists the name is not disclosed or the campus not investigate, determine whether that request can be honored while still providing a safe and nondiscriminatory environment for all students, including the complainant. The Title IX Coordinator may be best situated to evaluate these requests. Campuses should identify in policies who is responsible for evaluating confidentiality requests.
  • c. If the campus can respect the confidentiality request, still take all reasonable steps to respond how you can offer reasonable and available interim remedies (including academic support, medical and mental health services, etc); increased monitoring, supervision or security; training and education programs; conducting climate surveys; publicizing relevant policies to the campus community. Campuses may be able to counsel the accused individual without revealing the complainant’s identity.
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Enough is Enough: https://www.ny.gov/programs/enough-enoughcombating-sexual-assault-college-campuses

 

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

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Confidential Reporting and Resources

Campus Climate Survey Results

Campus Climate Survey Results

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Your Title IX Coordinator

FAQ


For more information on Title IX, to report an incident or to inquire about training, contact your Title IX coordinator:

Steve MacMartin

titleIX@medaille.edu

(716) 880-2119


Title IX Bill of Rights

Title IX Grievance Process Flowchart - Student Model