Non-Discrimination and Anti-Harassment Policy

This policy identifies and defines conduct prohibited under this policy and the process that will be used to respond to allegations of Prohibited Conduct. 

The University will investigate all allegations of Prohibited Conduct, including discrimination and harassment. It will take reasonable measures to end conduct that is in violation of this policy, prevent its recurrence to individuals or in the community, and remedy its effect on individuals and the community. Complainants, Respondents, or witnesses may request supportive measures and/or reasonable accommodations, regardless of whether a resolution process is initiated.

At times, a supportive community response to address the impact of alleged conduct may be necessary and occur concurrently with procedures detailed in this policy. A supportive community response in no way indicates a presumption of responsibility, and will not be considered in a decision regarding responsibility in a formal resolution process. The intent of a supportive community response is to facilitate community repair through the support systems available with the University.

This policy applies to all St. John Fisher University students, employees, and third-parties.  Additionally, this Policy covers Prohibited Conduct that occurs:

• on Campus,
• in the context of a university-related or sponsored program or activity, regardless of its location,
• through University-owned or provided technology resources, or
• outside of the education program or activity or off campus when the conduct has continuing adverse effects and creates or continues a hostile environment on campus.

This policy will be applied in a nondiscriminatory manner that complies with applicable federal, state, and local laws and regulations.

Discrimination or harassment on the basis of sex, including on the basis of gender, gender identity and expression, sexual orientation, sex characteristics, sex stereotypes, and pregnancy or related conditions is addressed in the Title IX Gender Discrimination and Harassment policy. Sex-based harassment includes but is not limited to sexual assault, domestic violence, dating violence, and stalking. 

Additionally, alleged conduct that may fall under the Free Expression Policy may be addressed by the procedures detailed in this Policy, the Student Code of Conduct Policy, the Employee Handbook, or Faculty Statutes Grievance Procedure as applicable.

The Vice President of Student Affairs maintains broad oversight of this policy. They may delegate responsibilities under this policy to designated administrators or external professionals who will have appropriate training and/or experience.

Complainant: A student or employee who is alleged to have been subjected to conduct that could constitute discrimination or harassment based on a legally protected category

Complaint: An oral or written report to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged Prohibited Conduct.

Confidential: Information is protected from being disclosed unless required or permitted by law.

Days: refers to business days when the University is open and operating normally.

Hate Crime: If reported conduct may constitute a Hate Crime, as defined by New York State, the University will report the conduct to law enforcement and support any individual in reporting to law enforcement. In New York State, a hate crime is when a crime from the list of specified offenses is committed targeting someone because of a perception or belief regarding race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation regardless of whether the belief or perception is correct.

National Origin: Shared ancestry or ethnic characteristics, such as students of Jewish, Palestinian, Muslim, Arab, Israeli, Sikh, Hindu, and/or South Asian descent, or citizenship or residency in a country with a dominant religion or distinct religious identity, or their association with this national origin/ancestry.

Party: a Complainant or a Respondent.

Privacy: Information is disclosed to one of the University Reporting Options, as promptly as practical and not more than is necessary, in order for the University to support impacted individuals and address any potential discrimination or discriminatory harassment.

Respondent: a person who is alleged to have violated the University’s prohibition on discrimination and harassment as defined in this Policy.

Reporting Person: a person reporting a potential policy violation who may or may not be the person at whom the conduct was directed or a direct witness to the conduct. Anyone can report a potential policy violation.

Third-party: A visitor, guest, or individual who is not affiliated with the University as a student or employee.

The following definitions are referred to as “Prohibited Conduct” throughout this Policy.

Discrimination

Discrimination is limiting or denying access, benefits, or participation in University’s education program and activity based on actual or perceived membership in a legally protected class. Examples of such conduct include, but are not limited to:

• Differential treatment - treating individuals or a group less favorably than others who are similarly situated because of their actual or perceived legally protected category.
• Disparate Impact - a neutral policy or practice is applied in a way that creates an unjustified adverse impact or disparity in outcomes based on legally protected category

Whether discrimination has occurred is a fact-specific inquiry that includes consideration of the following:

• Were persons of a particular legally protected class treated differently from similarly situated people who do not share that legally protected class?
• If yes, was there a legitimate, nondiscriminatory reason for the different treatment?
• If yes, is that explanation pretext for discrimination?

Discriminatory Harassment

Discriminatory Harassment is defined as:

• unwelcome physical, verbal, non-verbal, written, visual, or online conduct directed toward an individual, a group, or generally where such conduct is based on actual or perceived membership in a legally protected class; and
• behavior that rises above petty slights or trivial inconveniences; and
• conduct that has the purpose or effect of creating an intimidating, hostile, or abusive educational environment, such that it effectively denies access, benefit, or participation in educational programs and activities.

In New York State, whether harassing conduct is considered petty or trivial is to be viewed from the standpoint of a reasonable Complainant with the same protected characteristics taking into account the totality of the circumstances, including the context of the interaction. Such harassment and discrimination can take many forms, including but not limited to slurs, epithets, threats, derogatory comments, teasing, jokes, obscenities, or demeaning written or graphic material (posters, pictures, etc.), vandalism, or property destruction or physical conduct. The fact that a person is offended is not alone enough to establish a violation of this Policy.

Whether an intimidating, hostile, or abusive environment has been created is a fact-specific inquiry that includes consideration of the following:

• The degree to which the conduct affected the Complainant's ability to access the University’s education program or activity;
• The type, frequency, and duration of the conduct;
• The parties' ages, roles within the University’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
• The location of the conduct and the context in which the conduct occurred; and
• Potential pattern of harassment or discrimination in the University’s education program or activity.

A reporting person has several options for reporting Prohibited Conduct. Prompt and full reporting is encouraged to minimize community impact and support the University’s ability to promptly stop the Prohibited Conduct, prevent its recurrence, and remedy the effects.

Delayed reports may affect the University’s response and impact the ability of the University to investigate and respond to the report. There is no time limit to report Prohibited Conduct, however, the University’s ability to respond may diminish over time, as evidence may erode, memory is affected by time, and a Respondent may no longer be within the disciplinary jurisdiction of the University.

The University will investigate and coordinate resolution efforts to address reports of Prohibited Conduct as outlined within this policy. The University addresses allegations of discrimination or discriminatory harassment in a manner consistent with its responsibility to ensure both individual and community safety, its commitment to providing an environment free from discrimination, discriminatory harassment, and its obligations under New York state law to report allegations of hate crimes and crimes that constitute violent felony offenses.

Privacy and Confidentiality

The University is committed to protecting the privacy of all individuals involved in a report of Prohibited Conduct. The University will take reasonable steps to protect the privacy of the parties and witnesses during the pendency of the University’s applicable Grievance Process, provided that the steps do not restrict the ability of the parties to: obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the Grievance Process.

At the University, reports of Prohibited Conduct made directly to a staff member in the Health and Wellness Center are confidential. These are the ONLY resources at the University where confidential reports can be made. Confidential means that the information is protected from being disclosed to anyone else, unless required or permitted by law.

Staff members in the Health and Wellness Center can be contacted at healthcenter@sjf.edu or (585) 385-8280.

Privacy may be offered by an individual when such individual is unable to offer confidentiality under the law but will still not disclose information learned from a Complainant or witness more than necessary to comply with the law, including informing appropriate University officials. Even University officials and employees who cannot guarantee confidentiality, will maintain your privacy to the reasonable extent possible. The information you provide to a non-confidential resource will be related only as necessary for the Vice President for Student Affairs to investigate and/or seek a resolution.

University Reporting Options

A person may report Prohibited Conduct to any of the following offices/individuals and may choose to use any of the following reporting options simultaneously.

• The Vice President for Student Affairs can be reached Monday – Friday, from 8:30 a.m. – 4:30 p.m. by phone at (585) 385-8229, or in person in the Campus Center, Suite 206.
• The Office of Safety and Security can be reached 24 hours a day 7 days a week by phone at (585) 385-8111 or in person at the Haffey Hall lobby.
• The Office of Student Conduct can be reached Monday-Friday, from 8:30 a.m. - 4:30 p.m. by phone at (585) 385-8498 or in person in Campus Center, Suite 206. 
• The Human Resources Department can be reached Monday-Friday, from 8:30 a.m.-4:30 p.m. by phone at (585) 385-8048, by email at humanresources@sjf.edu or in person in Kearney Hall 211. 

When a report has been made to the University, a Complainant may choose their level of participation in the steps taken to address the alleged conduct. However, choosing not to participate in the process may limit the University's ability to respond to a report.

If what is reported is a violent felony, New York State law requires the University to report the alleged offense to law enforcement within 24 hours of receiving the report. The University’s Director of Safety and Security will determine if an incident requires reporting. If law enforcement is contacted, the Complainant may choose their level of participation with law enforcement.

Law Enforcement Reporting Options

Some Prohibited Conduct may constitute a violation of University policy and local, state or federal law.

The University will assist any person in contacting local or state law enforcement officials. Additionally, any Fisher campus community member may contact 911 independently. Upon reviewing the facts of the case, law enforcement may decide to prosecute the matter and further participation with law enforcement may be required. If an individual contacts law enforcement directly, law enforcement may not inform the University of the report. If an individual wishes to make the University aware, please use one of the University reporting options above.

The University fully supports all local, state, and federal laws and will cooperate with law enforcement officials who investigate allegations of any conduct prohibited by the University to the fullest extent allowed under the law. In all cases reported to law enforcement, the University will coordinate its investigations and responses with those of law enforcement. A concurrent investigation will not prevent the University from conducting its own investigation and conduct processes, except for temporary delays requested by law enforcement.

Please note:  If the reported conduct is an alleged hate crime in New York State, the University will report the conduct to local law enforcement.

External Reporting Options

Office of Civil Rights, U.S. Department of Education

U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: (800) 421-3481
Fax: (202) 453-6012; TDD: (800) 877-8339
Email: OCR@ed.gov

New York State Division of Human Rights (DHR)

NYS Division of Human Rights
One Fordham Plaza, Fourth Floor
Bronx, New York 10458
Telephone: 1-888-392-3644
TDD/TTY: 718-741-8300
Email: info@dhr.ny.gov
Information on filing a complaint: dhr.ny.gov/complaint
Submit a complaint online at: https://forms.ny.gov/s3/nysdhrcomplaint

False Reports or Falsified Information

The University will not tolerate intentional false reporting of incidents. The University expects truthful and accurate reports as any allegation of Prohibited Conduct is serious and may have severe consequences for the individuals involved. A good-faith complaint that results in a finding of not responsible is not considered a false or fabricated accusation of Prohibited Conduct. However, when a party or witness is found to have fabricated allegations or given false information with malicious intent or in bad faith, the party or witness may be subject to disciplinary action. It is a violation of the Code of Student Conduct and the Employee Handbook to make an intentionally false report of any policy violation, and may also be a violation of state criminal statutes and civil defamation laws.

When the Respondent is an Employee

Allegations involving University employees as the Respondent will be addressed through the University's Discrimination/Harassment Complaint Procedure set out in Policy D1.1 through D1.3.2 of the St. John Fisher University Employee Handbook [pdf].

When the Respondent is a Student

The following prompt and equitable process will be used following the receipt of a report of discriminatory harassment or discrimination when the respondent is a student.

Initial Review - Following receipt of a report alleging a potential violation of this policy, the Vice President for Student Affairs, or their designee, will contact the Complainant and/or reporting person for an initial intake and assessment meeting, which will include the following information as appropriate:

• Access to this policy;
• An explanation of rights, resources, and options under this policy;
• Information regarding available campus and community resources for counseling, health care, mental health, or applicable advocacy.
• The availability of Supportive Measures regardless of whether or not any resolution is initiated;
• The options for resolution and how to initiate such resolution processes;
• The right to notify local or state law enforcement if applicable;
• The right to an advisor of choice, if applicable, during University proceedings under this policy including the initial review meeting with the Vice President for Student Affairs, or their designee
• The University statement prohibiting retaliation and the procedures for reporting retaliation

The goal of the Initial Review is to provide an integrated and coordinated response to reports of Prohibited Conduct. The Initial Review will proceed to the point where a reasonable assessment of the safety of all involved parties and the community can be made. The Initial Review is not a finding of fact or a decision regarding responsibility.  If the individual bringing forward the complaint is not the actual Complainant, the Vice President for Student Affairs, or their designee, will limit communication to general information on policies and processes. The Initial Review will consider the nature of the report, the safety of the individual and the campus community, and the Complainant’s expressed preference for resolution.

Requests for Anonymity or No Further Action - Once a report has been shared with the University, a Complainant may request that their identity not be shared with the Respondent (request for anonymity), that no investigation occur, or that no disciplinary action be pursued. The University will carefully balance this request in the context of the University’s commitment to provide a safe and non-discriminatory environment for all community members, while ensuring equal access to its education program or activity.

If a Complainant requests that the matter not be pursued, an investigation may proceed to a point where an outcome of the Initial Review can be determined, in order to protect the safety of the campus community and ensure equal access to the University’s education program or activity. The University may also initiate an investigation of potential violations of this Policy absent an identified Complainant or Respondent and even if a report has been withdrawn. In such a circumstance, the Vice President for Student Affairs, or their designee, will take into account the Complainant’s articulated concerns, the safety of the campus community, fairness to all individuals involved, and the University’s obligations under local, state, and federal laws. They will balance a Complainant’s expressed preference with the following factors in reaching a determination on whether the request can be honored:

• The totality of the known circumstances;
• Whether the Respondent has a history of violent behavior or is a repeat offender;
• The scope of the alleged discrimination, including information suggesting a pattern, ongoing discrimination, or the conduct is alleged to have impacted multiple individuals;
• Whether the incident represents escalation in prohibited conduct on behalf of the Respondent from previously noted behavior;
• The increased risk that the Respondent will commit additional acts of violence;
• Whether the Respondent used a weapon or force;
• The age and relationship of the parties, including whether the Complainant is a minor and whether the Respondent is an employee; and
• Whether the University possesses other means to obtain relevant evidence such as security footage
• Fairness considerations for both the Complainant and the Respondent;
• The University’s obligation to provide a safe and non-discriminatory environment and equal access to its education program or activity;
• Whether the University could end the alleged misconduct or discrimination and prevent its recurrence without initiating an informal resolution or grievance procedure; and
• Any other available and relevant information.

Based upon the Initial Review, the University will proceed with one of the following options:

• When the University has disciplinary jurisdiction for a Respondent:
  • Proceed with an Informal Resolution.
  • Proceed with a Formal Resolution.
• If outside the scope of this Policy, refer the matter to another appropriate office or department for resolution under the relevant Policy, if applicable.
  • In the event that a report alleges violations of more than one University policy and the University determines that consolidation is not appropriate, the allegations will be separated under applicable policies and documentation will be appropriately redacted to preserve the privacy of individuals involved.
• If the Complainant expresses a preference to share information, but not pursue any action at the time, and the Vice President for Student Affairs or their designee finds that no imminent or continuing threat to the safety of an individual or the campus community, the disclosure will be documented only.
  • The University may still engage a community-support response to address the community impact of the alleged conduct. This response does not adjudicate the matter or presume responsibility in any way.
• Proceed with an Administrative Agreement: Whether or not there is not an identifiable Complainant or Respondent, proceed with an Investigation in order to determine if there has been a violation of this Policy and provide remedies, if appropriate.

Consolidation of Complaints - The University may consolidate complaints of Prohibited Conduct against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against another party, when the allegations arise out of the same facts or circumstances. In the evaluation of whether to consolidate complaints, the University shall conduct such evaluation and make its determination consistent with its obligations under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1292g and its related regulations, 20 CFR Part 99.

Statement of Non-Disclosure - The University will not require any party involved in activities or processes detailed in this Policy to abide by a nondisclosure agreement, in writing or otherwise, that would prevent re-disclosure of information related to procedures, unless otherwise specified by Federal privacy laws (e.g. FERPA). However, the University encourages all parties to respect the privacy of those involved and the integrity of the process when considering disclosure of information.

Supportive Measures - Supportive measures are individualized measures offered as appropriate, and as reasonably available, without unreasonably burdening a Complainant or Respondent, and without fee or charge to the Complainant or Respondent to:

• Restore or preserve a party’s access to the University’s education program or activity, including measures that are designed to protect the safety of the parties or the University’s educational environment; or
• Provide support during the University’s resolution procedures or during an alternative resolution process.

Supportive measures may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; absences from class or a leave of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; or no-contact directives. Supportive measures are non-disciplinary and non-punitive. Supportive Measures will also be offered to Respondents when they are notified of the allegations.

The University will not disclose information about any Supportive Measures to persons other than the person to whom they apply, including informing one party of Supportive Measures provided to another party, unless necessary to provide the Supportive Measure or restore or preserve a party's access to the education program or activity, except where:

• The University has obtained prior written consent from the person receiving Supportive Measures;
• The disclosure is made to a parent, guardian, or authorized legal representative with the legal right to receive disclosures;
• The University must disclose to take action or address conduct that reasonably may constitute discrimination or discriminatory harassment under Title VI of the Civil Rights Act of 1964; or
• As required by Federal Law or Federal regulations.

The Vice President for Student Affairs, or their designee, may consult, as appropriate, with the Accessibility Services Office, on methods to best comply with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, and the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et. seq., in the implementation of Supportive Measures.

The University will offer and coordinate Supportive Measures as appropriate for the parties as applicable to restore or preserve their access to the University’s program or activity or provide support during the University’s resolution processes. A Complainant, Respondent, or witness has the right to request Supportive Measures from the University regardless of whether they desire to make a complaint or seek a resolution process. The Vice President for Student Affairs or their designee has the discretion to implement or modify Supportive Measures. Violation of the parameters of Supportive Measures may violate existing codes or handbooks.

Interim Actions - The University may assign an Interim Action or Actions at any time following the receipt of an allegation of Prohibited Conduct that is apparently reliable and relates to the safety and/or welfare of any person, University property, the University community, or any University function. The assignment of an Interim Action does not assume that a Respondent is responsible for the alleged Prohibited Conduct. No action shall impair the rights of disabled individuals under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act.

The evaluation of an Interim Action will treat the Complainant and Respondent equitably and consider all reasonable and appropriate alternatives to limiting an individual’s participation in the University’s education program or activity, while protecting the University’s community pending an investigation and determination regarding the alleged conduct.

Interim Actions applied to student Respondents will follow Interim Action procedures detailed in the Student Code of Conduct.

While there are multiple ways to resolve a complaint or report of harassment and discrimination, when possible, the University will utilize the resolution method preferred by the Complainant.

The University offers three resolution options to resolve reports of Prohibited Conduct under this Policy:

• an Administrative Agreement,
• an Informal Resolution Process, and
• a Formal Resolution Process.

Administrative Outcome

An Administrative Outcome can involve Supportive Measures, education and training, and other steps by the University to address and remedy the effect of Prohibited Conduct, prevent its recurrence, and ensure access to University programs and activities.

An Administrative Outcome does not preclude later use of another form of resolution for a related matter, if new information becomes available to the University and the Vice President for Student Affairs determines there is need for additional steps to be taken. For example, if there was not a known Respondent at the time of Administrative Resolution and later the identity of a Respondent becomes known to the University, the University will proceed in accordance with this policy. 

Informal Resolution

Informal Resolution is an alternative to the investigation and decision-making procedures where the Parties each voluntarily agree to resolve the complaint in a way that does not include the initiation or continuation of an investigation and does not include a finding of responsibility.

Informal Resolution is a voluntary, structured interaction between or among affected parties that balances support and accountability. If the University offers Informal Resolution to the parties, and they voluntarily consent to engage in that process, the Vice President for Student Affairs, or their designee, will still take other prompt and effective steps as needed to ensure that discrimination does not continue or recur within the education program or activity. Parties and the Vice President for Student Affairs, or their designee, may pause or exit the Formal Resolution to engage an Informal Resolution at any time prior to the Hearing.

Any party may design a proposed agreement between the parties. The Vice President for Student Affairs, or their designee, must approve of the use of the Informal Resolution process, and approve the final agreement between the parties.

Examples of agreements may include but are not limited to:

• an agreement that a party will change classes or housing assignments;
• an agreement that the parties will not communicate or otherwise engage with one another;
• an agreement that the parties will not contact one another;
• completion of a training or educational project by the Respondent;
• completion of a community service project by the Respondent;
• an agreement to engage in a restorative justice process or facilitated dialogue (synchronously or asynchronously); and/or
• discipline agreed upon by all parties.

In order to facilitate an Informal Resolution, information shared by any party will not be used in any related resolution process of the same complaint under this policy. No evidence concerning the allegations obtained within the Informal Resolution process may be disseminated to any outside person, provided that any party to the Informal Resolution process may generally discuss the allegations under investigation with a parent, advisor, or other source of emotional support, or with an advocacy organization. Accepting responsibility during an Informal Resolution process may not be incorporated into the Formal or Administrative Resolution Processes.

An Informal Resolution will not be required as a condition of enrollment, or participation in a University program or activity. Informal Resolutions are not permitted in situations in which such a process would conflict with Federal, State, or local law.

The Vice President for Student Affairs, or their designee, has the discretion to determine that Informal Resolution is not an appropriate way to address the reported conduct or if a proposed term of the Informal Resolution is not appropriate for the alleged conduct.

Initiating the Informal Resolution Process - To initiate the Informal Resolution, the Vice President for Student Affairs, or their designee, will provide the Parties written notice that includes at least the following:

• The specific allegation and the specific conduct that is alleged to have occurred;
• The requirements of the Informal Resolution process;
• Any consequences resulting from participating in the Informal Resolution process, including the records that will be maintained or could be shared, and whether the University could disclose such information for use in a future University resolution process, including an investigation and resolution process arising from the same or different allegations, as may be appropriate.
• Notice that an agreement resulting from the Informal Resolution process is binding only on the parties and is not subject to appeal.
• Notice that once the Agreement is completed by the Parties, they cannot initiate or continue an investigation procedure arising from the same allegations.
• A statement indicating that the decision to participate in the Informal Resolution process does not presume that the conduct at issue has occurred.
• An explanation that all parties may be accompanied by an advisor of their choice, who may be a parent, colleague, friend, or attorney (see Legal Counsel section of this policy for additional rules);
• A statement that any party has the right to withdraw from the Informal Resolution process and initiate or resume resolution procedures at any time before agreeing to a resolution;
• Information regarding Supportive Measures, which are available equally to the parties; and
• The potential terms that may be requested or offered in an Informal Resolution agreement.

Concluding the Informal Resolution- Once the terms of the Informal Resolution have been agreed upon by all parties, in writing, and approved by the Vice President for Student Affairs, or their designee, and the terms have been carried out, the matter will be considered closed, and no further action will be taken. No appeal is permitted. The Informal Resolution process is generally expected to be completed within thirty (30) days and may be extended by the Vice President for Student Affairs, or their designee, as appropriate. All parties will be notified, in writing, of any extension and the reason for the extension. 

Records of an Informal Resolution process may be shared with other offices as appropriate on a need-to-know basis. 

Any violations of the terms of the Resolution Agreement may result in disciplinary action.

Formal Resolution

The Formal Resolution process may apply to reports where the University has disciplinary jurisdiction over a Respondent or Respondent(s).

Notice of Allegations - At the outset of the investigative process, the University shall provide a written notice to all parties who are known, which will include the following information:

• Notice of the applicable process;
• Notice of the allegations potentially constituting a policy violation, 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 alleged to constitute the Prohibited Conduct, and 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 the process;
• A statement that before the conclusion of the investigation, the parties will provide an accurate description of the evidence, which the parties may inspect and review upon request;
• A statement that retaliation is prohibited;
• That a party may be accompanied by an advisor of choice; and
• Who will serve as the investigator(s) in the Formal Process.

If, in the course of an investigation, the University decides to investigate additional allegations of Prohibited Conduct by the Respondent toward the Complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the University must provide notice of the additional allegations to the parties whose identities are known.

The Respondent’s notice of allegation will further contain the option to acknowledge full, partial, or no responsibility for the alleged violations.

Complaint Investigation - The University will designate an appropriately trained University representative or outside party as the investigator(s). The investigation will be impartial and will be conducted by trained individuals who have no actual bias or conflict of interest against any party or against Complainants or Respondents generally. The reporting person and Respondent should expect that:

• The investigation will be prompt, thorough, and impartial.
• The investigation will include interviews with all reasonably available involved parties, including witnesses and other persons with first-hand knowledge of the alleged incident.
• The Complainant and Respondent shall have an equal opportunity to present witnesses, including fact and expert witnesses, propose questions for the investigator to ask witnesses and parties, and present other inculpatory and exculpatory evidence
• The disclosure of facts to parties and witnesses will be limited to what is reasonably necessary to conduct a fair and thorough investigation.
• Participants in the investigation will be advised of the importance of maintaining privacy throughout the process.
• At any time during the investigation, the investigating officer or the Vice President for Student Affairs, or their designee, will make recommendations to appropriate University officials for Interim Actions and/or supportive measures for the reporting person and/or Respondent and/or witnesses.
• An investigation will result in a written report that, at a minimum, includes a statement of the allegations, the issues, and a summary of the information gathered in the course of the investigation to be forwarded to the Vice President for Student Affairs, or their designee. The University will inform the parties at regular intervals of the status or progress of the process.
• Participants in the investigation will be advised of the importance of maintaining privacy throughout the process, but the University shall not restrict the ability of each party to discuss the allegations under investigation.

Review of Materials and the Conclusion of the Investigation - Upon completion of the investigation, the investigator(s) complete a Report of Investigation for the decision maker(s). The Vice President of Student Affairs, or their designee, will notify the Respondent and the Complainant of the conclusion of the Investigation phase and their right to review the Report of Investigation, (subject to appropriate redaction, including as permitted and/or required by law).

Determinations - When the Hearing is scheduled, the parties will be informed of who will serve as the decisionmaker charged with determining whether Prohibited Conduct occurred.  The University has the discretion to designate a decision-maker as an appropriately trained University representative or outside party.  The University has the discretion to designate a committee of trained impartial representatives as the collective decision-maker or an individual decision-maker.

Determination Procedures - Determinations of responsibility for Complaints involving student Respondents will be made using the procedures detailed below.

Hearing Notice/Appearance Letter- Parties receive an “appearance letter” for a Hearing or Individual Meeting with the following information:

• The alleged conduct constituting a potential Policy violation;
• The University policies allegedly violated;
• Potential sanctions;
• The time, date, and location of the Hearing or Individual Meeting and contact information of the decision-maker(s);
• The need to be present and prepared for participation in the Hearing or Individual Meeting and that the Hearing will proceed at the scheduled time, date, and location if the party chooses not to attend or participate in the Hearing or Individual Meeting;
• Information about requesting accommodations for the Hearing or Individual Meeting through the Student Accessibility Services;
• The opportunity to have an advisor present at the Hearing or Individual Meeting;
• The process for requesting witnesses with first-hand knowledge of the relevant facts;
• Options for alternative accommodations for participation in the Hearing, including not being in the same space as the other party; and
• Information regarding community resources, information regarding the prohibition of retaliation, and information regarding nondisclosure of information.

The Respondent’s appearance letter will further contain the option to acknowledge full, partial, or no responsibility for the alleged violations.

Barring unusual or exigent circumstances, the Complainant and Respondent will be served the appearance letter at least five (5) business days prior to the Hearing or Individual Meeting date.  Both parties will be served the appearance letter through their University email address. It is the responsibility of the parties involved to check their University email address for this and all official communications from the University.

Live Hearing Process - For a complaint of Prohibited Conduct involving a student Complainant and student Respondent, the University will conduct a live hearing with the parties physically present in the same geographic location or, at the University’s discretion or upon the request of either party, will conduct the live hearing with the parties physically present in separate locations with technology enabling the Hearing Officer or Committee and parties to simultaneously see and hear the party or witness while that person is speaking. The University will create an audio or audiovisual recording or transcript of any live hearing and make it available to the parties for inspection and review. No audio or other recording of a Hearing is permitted by any other person. Hearing Committee deliberations are not recorded.

The Vice President for Student Affairs, or their designee, and/or University Counsel may be present to monitor the proceedings. Hearings are private and closed to everyone except the parties, witnesses, and a party’s advisor of choice, if applicable. At their discretion, the Hearing Officer or Chairperson may request that a representative from the Department of Safety and Security be present throughout the hearing as well to ensure the safety of the proceedings and participants.

The Hearing Officer/Chairperson, will allow each party to propose questions that the party wants asked of any party or witness during a hearing and have those questions asked by the Hearing Officer/Chairperson.  The Hearing Officer/Chairperson will determine whether a proposed question is relevant and not otherwise impermissible, prior to the question being posed, and will explain any decision to exclude a question as not relevant or otherwise impermissible. If the Hearing Officer/Chairperson determines that a party's question is relevant and not otherwise impermissible, then the question must be asked. The University will not permit questions that are unclear or harassing of the party or witness being questioned. The Hearing Officer/Chairperson must give a party an opportunity to clarify or revise a question that they have determined is unclear or harassing and, if the party sufficiently clarifies or revises a question to satisfy the terms of this paragraph, the question will be asked.  The Hearing Officer or Committee may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The Hearing Officer or Committee will not draw an inference about whether Prohibited Conduct occurred based solely on a party's or witness's refusal to respond to such questions.

If deemed reliable and relevant, and not otherwise excluded under this Policy, the University may consider the statements of persons who are not present at the hearing.

The University may still proceed with the live hearing in the absence of a party, and may reach a determination of responsibility in their absence, including through any evidence gathered pursuant to the Investigation and Resolution processes.

Live Hearing Witnesses - The Complainant and Respondent may both request that witnesses with first-hand knowledge of relevant facts participate in a Hearing or Individual Meeting. Witnesses may not participate solely to speak about an individual’s character.  For a Hearing, requests for witnesses must be made to the Hearing Officer/Chairperson at least 48 hours before the Hearing.

If a witness is unavailable to attend the Hearing, the witness may fill out a statement of fact form through the Department of Safety and Security that will be used in lieu of the witness’s testimony at the Hearing or Individual Meeting. Statements for a Hearing must be completed at least 48 hours before the Hearing.

The Hearing Officer, or Hearing Committee has the discretion to request that witnesses with first-hand knowledge of relevant facts participate in the Hearing even if the witness has not been requested by the Respondent(s) and/or Complainant(s).

It is the responsibility of the person requesting the witness to ensure the witness attends the Hearing. If a witness does not appear at the scheduled date and time of the Hearing, the Hearing will proceed without the participation of the witness. Although a witness may be requested to participate in a Hearing, they are not required or obligated to participate. Retaliation against any witness is a violation of this Policy.

When possible, witnesses will be contacted prior to the Hearing with information and options regarding their participation in the Hearing, resources, retaliation, non-disclosure information, and information about requesting accommodations for the Hearing through the Student Accessibility Services. Witnesses may also schedule a pre-hearing meeting with the Hearing Chairperson or Hearing Officer to discuss hearing procedures and their participation in the process.

As appropriate, witnesses may be contacted after the Hearing with information regarding resources, retaliation, and non-disclosure information. Witnesses are not notified of the outcome of the Hearing.

Live Hearing Proceedings - The following is a general description of procedures for the Hearing. These procedures may vary as appropriate for specific Hearings with a Hearing Committee or with an individual Hearing Officer.

1. Everyone present in the Hearing (depending on the type of hearing, it will include the Hearing Officer/Chairperson, the Committee, Respondent, Complainant, witnesses, and advisors) will be introduced, their role in the process and expectations of behavior will be explained and review Hearing Proceedings.
2. The witnesses will leave the Hearing room.
3. The Hearing Officer/Chairperson will review the Hearing materials which include the alleged violations, and the findings of fact from the report(s) of investigation. The review of materials will be sufficient to provide a summary of the investigation phase of the process assuming the Respondent and Complainant have reviewed the case materials prior to the Hearing.
4. The Complainant and Respondent respond to the report(s) of investigation.
5. The Hearing Officer/Chairperson or Members of the Committee will ask the Complainant and Respondent relevant questions regarding the incident and case materials.
6. Witnesses will be invited into the hearing room individually to provide any relevant first-hand information. At this time, the Hearing Officer/Chairperson or members of the Committee will ask the witness any relevant questions in regard to the incident. The witness will leave the room after sharing their information.
7. The Complainant and the Respondent will have an opportunity to submit questions to the Hearing Officer/Chairperson for consideration to present to any witnesses (including each other) for cross-examination purposes.
8. The Complainant and Respondent will be offered an opportunity to make a summary statement.
9. The Hearing Officer/Chairperson will review the privacy of the proceedings and case materials, supportive measures, that the Complainant and Respondent will be simultaneously notified of the Committee’s decision via their University e-mail, the appeal process, and that any interim actions or measures remain in place until otherwise notified.
10. If it is a Committee Hearing, all persons but the Hearing Committee are dismissed and the Committee considers the case materials and information presented to determine responsibility or non-responsibility for the alleged violation(s) and appropriate sanctions (if applicable).

Individual Meetings - For Complaints involving an employee Complainant and student Respondent, Individual Meetings will be held. In order to determine and consider evidence that is relevant and not otherwise impermissible, the Hearing Officer/Committee will ask questions during Individual Meetings with a party and witness(es). Parties may request the Hearing Officer/Committee meeting with relevant witness(es).

The Vice President for Student Affairs, or their designee, and/or University Counsel may be present to monitor Individual Meetings. During the Individual Meeting, each party can propose such questions that the party wants asked of any party or witness and have those questions asked by the Hearing Officer or Committee during one or more Individual Meetings, including follow-up meetings, with a party or witness.  These questions will then be asked subject to the Hearing Officer or Committee approving the questions as relevant and not otherwise impermissible. The University will not permit questions that are unclear or harassing of the party or witness being questioned.  The Hearing Officer or Committee may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The Hearing Officer or Committee will not draw an inference about whether Prohibited Conduct occurred based solely on a party's or witness's refusal to respond to such questions.

The University will provide each party with an audio or audiovisual recording or transcript of Individual Meetings with enough time for the party to have a reasonable opportunity to propose follow-up questions in an additional individual meeting.

The Respondent and Complainant are encouraged, but not required, to attend the Individual Meeting.  If the Respondent or Complainant has a conflict with the date and/or time of the Hearing it is their responsibility to contact the Hearing Officer directly to reschedule. The Hearing Officer will assess requests by a party for a change in the date and/or time of the Hearing and will grant a change for good cause. The Hearing may take place without the Respondent and/or Complainant if they fail to appear at the scheduled time and place. 

Advisors at Individual Meetings or Live Hearings - Advisor requests must be submitted to the Hearing Officer at least 48 hours before the Individual Meeting or Live Hearing, unless exigent circumstances prevented compliance with this requirement and thereby justify a shorter period subject to the discretion and approval of the Vice President for Student Affairs or their designee. It is the responsibility of the person requesting the advisor to ensure the advisor attends the Individual Meeting or Live Hearing. If an advisor does not appear at the scheduled date and time, the Individual Meeting or Live Hearing will continue without the participation of the advisor. Although an advisor may be requested to attend the Individual Meeting or Live Hearing, they are not required or obligated to attend or participate. Retaliation against any requested advisor is strictly prohibited. The Hearing Officer will assess requests by a party for more than one advisor and retains full discretion whether to approve such requests.

The advisor is not permitted to directly address anyone other than their advisee, at any time, including asking any question or speaking on behalf of their advisee. Should an advisor violate the terms of this role they will be asked to leave by the Hearing Officer or by the Hearing Chairperson. The Complainant and Respondent must ensure that their advisor complies with this Policy.

Whenever possible, the advisor will receive written information prior to the Individual Meeting regarding their participation in the Individual Meeting, resources, retaliation, and nondisclosure information.

Determination Whether Prohibited Conduct Occurred - The Hearing Officer or Committee will use the preponderance of the evidence standard of proof (more likely than not) to determine whether Prohibited Conduct occurred. The University will provide the determination whether Prohibited Conduct occurred in writing to the parties simultaneously.

The written determination must include:

• A description of the alleged Prohibited Conduct;
• Information about the policies and procedures that the University applied to evaluate the allegations;
• The Hearing Officer or Hearing Committee’s evaluation of the relevant and not otherwise impermissible evidence and determination whether Prohibited Conduct occurred;
• When the Hearing Officer or Hearing Committee finds that Prohibited Conduct occurred, any disciplinary sanctions the University will impose on the Respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by the University to the Complainant, and, to the extent appropriate, other students identified by the University to be experiencing the effects of the Prohibited Conduct; and
• The University’s procedures for the Complainant and Respondent to appeal.

The Hearing Officer or Hearing Committee does not consider a Respondent’s previous findings of responsibility when determining responsibility in the current matter.

The University will not impose discipline on a Respondent for discrimination or discriminatory harassment prohibited by Title VI or comparable state law unless there is a determination at the conclusion of the Grievance Procedures that the Respondent engaged in prohibited discrimination or discriminatory harassment.

The University will not discipline a party, witness, or others participating in the Resolution Procedures for making a false statement based solely on the University’s determination of whether discrimination or discriminatory harassment occurred.

Past findings of responsibility through University or law enforcement processes may be admissible and considered at the disciplinary stage that determines sanctions (if applicable). Similarly, previous findings of responsibility for false reporting as defined in this Policy may be taken into consideration at the time of deliberation and sanctioning (if applicable).

Potential Outcomes - When there is a finding of responsibility, University remedies and/or sanctions will be assigned by the Hearing Officer/Committee. These may include, but are not limited to: written warnings, disciplinary probation, suspension, expulsion, as well as educational assignments and referrals. The complete list of University sanctions applicable to students is listed on the Student Code of Conduct website.

Both parties have the right to one level of appeal. Requests for an appeal should be made by completing an Appeal Request Form (need to create an appeal form for this policy). The Appeal Request Form must be received within five (5) business days of the delivery of the written notification of outcome letter.

When requesting an appeal, the respondent must demonstrate in writing that one or more of the following applies to their situation:

• Procedural irregularity that affected the outcome of the matter (i.e. the University’s failure to follow its procedures);
• 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;
• The sanction imposed was not in keeping with the gravity of the violation.

Both parties are notified when an appeal is requested, and notified again within five (5) business days if the appeal request has been granted. From the time of the notification that the appeal is requested, parties have five (5) business days to review and respond to the request.

An impartial reviewer or panel of reviewers, free from conflicts of interest, reviews the Appeal Request Form. The reviewer(s) will be an individual or individuals who have not served as an investigator or decisionmaker in the proceeding. The reviewer(s) can dismiss the appeal request for failing to state a grounds for appeal, affirm the original findings, amend the original sanctions, send the case back to the decision-maker, or convene a new decision-maker. In cases where sanction(s) are amended or rejected, a rationale will be specified. The parties will be notified simultaneously of the written outcome of the appeal request within a prompt timeframe, reasonable under the circumstances. The reviewer(s) do not rehear case.

The determination regarding responsibility becomes final either on the date the University provides the respondent with the written notification of the outcome of the appeal, or, if there is no appeal, the sixth business day following the delivery of the written notification of the outcome.

A student may not be accompanied by legal counsel, unless criminal charges are pending or foreseeable. In those cases, legal counsel may accompany the student to meetings and the hearing for the sole purpose of advising the student. Legal counsel requests must be submitted to the Vice President for Student Affairs at least 48 hours in advance of the first scheduled meeting or hearing in which legal counsel will be present. Legal counsel is not permitted to directly address anyone other than their client at any time including asking any question or speaking on behalf of their client. Should legal counsel violate the terms of this role they will be asked to leave the meeting or hearing procedures and will no longer be permitted to participate in meetings or the student conduct hearing process. It is the responsibility of the student requesting legal counsel to ensure compliance with this policy. It is the responsibility of the student requesting legal counsel to ensure that they attend scheduled meetings and/or hearing. If legal counsel does not appear, the meetings/hearing procedures will continue without the benefit of their participation.

The University prohibits retaliation against anyone for filing a Complaint or participating or declining to participate in any manner in an investigation or hearing in response to an allegation of discrimination or harassment, including allegations of Prohibited Conduct. The University recognizes that retaliation can take many forms, may be committed by an individual or a group against an individual or a group, and that a Respondent can also be the subject of retaliation by the Complainant or a third party. Persons who believe they are experiencing retaliation should immediately contact the Office of Safety and Security at (585) 385-8111 to report their concern.

The University will investigate and respond promptly to any report of retaliation and may pursue action through the Student Conduct Process as appropriate, which may include Interim Actions.

Additionally, the University will not retaliate against any person who reports an allegation of sexual misconduct. Persons who believe they are experiencing retaliation by a University employee should contact the chief Title IX officer for the University or the Office of Civil Rights, U.S. Department of Education.

If a student withdraws from the institution with unresolved allegations pending under this Policy, the University will consider whether and how to proceed consistent with this Policy and its obligation to redress a hostile environment and/or any ongoing effects of the alleged Prohibited Conduct.

All records related to investigations under this policy will be maintained in accordance with the University’s Student Conduct process.

The Title IX coordinator responsible for ensuring compliance with Title IX regulations is Meg Flaherty, PhD. She can be reached at (585) 385-8232 or by email at titleix@sjf.edu. The University’s Title IX coordinator is not a confidential resource.

Learn more about Title IX compliance at St. John Fisher University.