Title IX: Sexual Assault & Harassment
Preventing and addressing sexual misconduct at Medaille University.
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 University is committed to providing an environment free from discrimination on the basis of sex. Medaille University provides many resources to students, faculty and staff to address concerns related to discrimination on the basis of sex, which includes sexual misconduct.
Title IX Coordinator
73 Humboldt Pkwy, Room 201
Medaille University Campus Safety
Blue Light Emergency Phones
Hours: 24 hours/day, 7 days/week
Location: 2 Agassiz Circle
Services: Safety and security of all Medaille students, faculty and staff. Call for escort, aid or suspicious activity.
Title IX Services
Title IX Coordinator
Location: 73 Humboldt Pkwy, Room 201
Services: Responsible for all policies and procedures regarding sexual assault or harassment of students, faculty and staff, on or off campus.
Residence Life & Student Conduct
Director, Residence Life & Student Conduct
Location: Sullivan Center
Services: Any disciplinary action needed will be addressed, and any accommodations that are requested and can be realistically met, will be pursued through this office.
Nearby Medical Care Facilities
Sisters of Charity Hospital
2157 Main Street
Buffalo, NY 14214
Western New York Immediate Care
2497 Delaware Avenue
Buffalo, NY 14216
A full list of confidential reporting resources may be found on the Medaille University Wellness Center Counseling Services webpage:
Frequently Asked Questions (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
Student Club Advisors
Student Advisors (advisement center, TRiO, any faculty member who advises)
Student Affairs Personnel
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.
If I file a report, will it be confidential?
Medaille University 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.
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.
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.
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.
Video: Division III SAAC - It’s On Us
STUDENT BILL OF RIGHTS
In accordance with the Campus Sexual Assault Victim’s Bill of Rights (1992) and section 485 of the Higher Education Act of 1965 (revised 2010), as well as guidelines provided by New York State, Medaille University has implemented the following bill of rights that shall be afforded to all victims of reported campus-related sexual assaults. These rights have been adapted for Medaille University from the language used in the Higher Education Act and are described in more detail throughout this section.
1. The right to have any and all disclosures of domestic violence, dating violence, stalking, and sexual assault against them treated with seriousness and receive, from the institution, courteous, fair, and respectful health care and counseling services, where available.
2. The right to have sexual assaults committed against them investigated and adjudicated by the duly constituted criminal and civil authorities of the governmental entity in which the crimes occurred, if the victim so chooses, including make a report to local law enforcement and/or the state police; and the right to the full and prompt cooperation and assistance of University staff in notifying the proper authorities. The foregoing shall be in addition to any campus disciplinary proceedings.
3. The right to be free from any kind of pressure from University staff that victims: (a) not report crimes committed against them to civil and criminal authorities or to campus safety and residence life staff; or (b) report crimes as lesser offenses than the victims perceive them to be.
4. The right to be free from any kind of suggestion that sexual assault victims not report, or under-report, crimes because: (a) victims are somehow ‘responsible’ for the commission of crimes against them; (b) victims were negligent or assumed the risk of being assaulted; or (c) by reporting crimes they would incur unwanted personal publicity.
5. The right to participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard and in so doing, to describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident.
6. The same right to legal assistance, or ability to have others present, including an advisor of their choice, in any campus disciplinary proceeding that the institution permits to the accused; and the right to be notified of the outcome of such proceeding.
7. The right to counseling services from any mental health services previously established by the institution, or by other victim-service entities, or by victims themselves.
8. After campus sexual assaults have been reported, the victims of such crimes shall have the right to require that appropriate University staff take the necessary steps or actions reasonably feasible to prevent any unnecessary or unwanted contact or proximity with alleged assailants, including immediate relocation of the victim to safe and secure alternative housing, and transfer of classes if requested by the victims.
9. Access to at least one level of appeal of a determination.
10. The right to report any inappropriate action, or lack thereof, in the handling of a reported sexual assault on the part of the University as a Title IX complaint.
11. Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution.
12. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or conduct process of Medaille University.