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P106: SEXUAL MISCONDUCT & REPORTING POLICY

Issued by:
Office of the President
Approved:
September, 1979
Updated:
November, 2016

Policy Statement

Stony Brook University is committed to creating and maintaining workplace, educational, and recreational environments that are safe and accessible, and free of all forms of discrimination on the basis of sex, gender and/or gender identity – which includes: discriminatory harassment and sexual harassment, non-consensual sexual contact, sexual violence/assault, domestic violence, dating violence, and stalking. Such behavior is prohibited and violates Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 and New York State Law. This policy applies to all University students and employees, regardless of sexual orientation, gender and/or gender identity or expression, as well as individuals outside the University Community, including but not limited to, guests, visitors, vendors, and volunteers.

Definitions

  1. Discrimination on the basis of sex, gender and/or gender identity includes, but is not limited to: discriminatory harassment and sexual harassment, non-consensual sexual contact, sexual violence or assault, domestic violence, dating violence and stalking.
  2. Sexual Harassment is: unwelcome sexual advances, requests for sexual favors, and verbal, physical or communicative (verbal, non-verbal and electronic) conduct of an abusive sexual nature which interferes with an individual’s work or academic performance, or creates an intimidating, hostile, or offensive work or academic environment.
  3. Responsible Employee: any employee who has the authority to take action to redress sexual violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct to the Title IX Coordinator or other appropriate school designee; or whom a community member could reasonably believe has this authority or duty. The following are considered Responsible Employees and have reporting obligations:
    1. Senior Administrators (Directors and above and in the hospital, Nurse Managers and above)
    2. Chairs of Academic Department
    3. Ombudsmen
    4. Quad Directors
    5. Residence Hall Directors
    6. Athletics Coaching Staff
    7. University Recognized Sport Club Coaches
    8. Deputy Title IX Coordinators (outlined below)
  4. Senior Administrator: for purposes of this policy is defined as employees equivalent to Directors and above and in the hospital, Nurse Mangers and above. This policy applies to Stony Brook University, Stony Brook Hospital and the Long Island State Veterans Home.
  5. Deputy Title IX Coordinators: serve as University-wide points of contact for those seeking information or wanting to report sexual harassment, misconduct or violence. Their role is to inform complainants of their rights and options. The deputies communicate all Title IX related information to the Title IX Coordinator. The deputies do not investigate, adjudicate or sanction (unless that function is within their normal job duties and/or responsibilities). The University’s Deputy Title IX Coordinators are listed on the Title IX website (provided below).
  6. Complainant Navigator: provides confidential support and resource options to students, faculty and staff who experience sexual or interpersonal violence and assists complainants who choose to report.

Policy

  1. The University is responsible for and fully committed to the prevention and elimination of discrimination on the basis of sex, gender and/or gender identity. All members of the campus community are responsible for fostering an atmosphere that promotes equity, civility, caring, responsibility, accountability, and respect.
  2. The University does not tolerate discrimination on the basis of sex, gender and/or gender identity and treats it as a form of misconduct, which is handled in accordance with the University’s discrimination complaint procedures (provided below). Sanctions enforced against individuals found to have engaged in such behavior shall be in accordance with the Student Conduct Code (for students) and/or disciplinary procedures pursuant to applicable collective bargaining agreements and applicable policies and procedures (for employees).
  3. Retaliation against an employee, student or any witness who participates in any University investigation is prohibited. Retaliation is also prohibited against any individual who files a sex discrimination complaint or participates in a complaint investigation in any manner. Any substantiated act of retaliation may result in sanctions or other disciplinary action as covered by University Policy (including the University Student Conduct Code) and/or the disciplinary procedures pursuant to the applicable collective bargaining agreements and applicable policies and procedures.
  4. Title IX Coordinator: the University has designated a Title IX Coordinator who oversees the University’s overall Title IX compliance efforts, which includes, but is not limited to: investigating/responding to Title IX reports, inquiries and complaints, identifying and addressing patterns or systemic problems, ensuring appropriate policies and procedures are in place, and conducting appropriate trainings for students and employees.

Reporting: All Members of the Community

The police should be contacted immediately for reports that present immediate danger by calling 911. University Police may be reached directly by dialing 333 from a campus phone or (631) 632-3333 from a non-campus phone.

All members of the Stony Brook community are encouraged to report discrimination on the basis of sex, gender and/or gender identity to the Title IX Coordinator. Reporting individuals may also give reports by:

Reports made via the resources listed above cannot be guaranteed confidentiality but privacy will be maintained to the greatest extent possible. Information reported to a non-confidential resource will be provided to the Title IX Coordinator.

Reports made to the following resources will be kept confidential and individually identifiable information will not be reported to the Title IX Coordinator. Confidential reports may be made to the Stony Brook resources listed below:

Reporting: Deputy Title IX Coordinators

Deputy Title IX Coordinators do not investigate, adjudicate, or issue sanctions (unless such functions are within their normal job duties/responsibilities). Deputy Title IX Coordinators report to the Title IX Coordinator any and all information they receive about an incident of sexual misconduct, including:

  • Names of individuals involved or present
  • Date
  • Time
  • Location

Reporting: Responsible Employees

Responsible employees are not confidential resources. Before an individual reveals information they may wish to keep confidential, a Responsible Employee will make every effort to ensure that the reporting individual understands:

  • The Responsible Employee’s obligation to report to the Title IX Coordinator
  • The reporting individual’s option to request that the University maintain their confidentiality (which the Title IX Coordinator will consider)
  • The reporting individual’s ability to share information with confidential resources

All Responsible Employees must immediately report all known, relevant details about a complaint of sexual misconduct to the Title IX Coordinator, including:

  • Names of individuals involved or present
  • Date
  • Time
  • Location

Responsible Employees do not investigate, adjudicate, or issue sanctions (unless such functions are within their normal job duties/responsibilities).

All Responsible Employees will receive training on a periodic basis.

Inquiries

For information related to this policy, any of the following offices may be contacted:

Office of Institutional Diversity and Equity (OIDE)
Room 201, Administration Building
(631) 632-6280
OIDE@stonybrook.edu

Title IX Coordinator
Marjolie Leonard
(631) 632-6280
TitleIX@stonybrook.edu

Employee and Labor Relations

  • West Campus and HSC
    Room 291, Administration Building
    (631) 632-6140
  • Stony Brook Medicine
    HSC Level 3, Room 040
    (631) 444-3780
  • Long Island State Veterans Home (LISVH)
    100 Patriots Road
    (631) 444-8617

Office of University Community Standards
Room 347, Administration Building
(631) 632-6705
communitystandards@stonybrook.edu

Relevant Standards, Codes, Rules, Regulations, Statutes and Polices


Created by Application Support for Administration
University Policy Manual @ Stony Brook University