Discrimination Complaint Procedure

Procedure Title: Discrimination Complaint Procedure (including Formal Title IX Complaints of Covered Sexual Harassment involving employee respondents)

Category: Equity & Access

Responsible Office: Office of Equity & Access (OEA)

Effective Date: September 11, 2026

This policy item applies to: Stony Brook University, including Stony Brook Medicine, Long Island State Veterans Home, and all other Stony Brook University facilities and programs

Table of Contents

Summary
Applicability
Definitions 
Section I: Discrimination Complaint Process
Additional Definitions Applicable to Section II
Section II: Employee Title IX Grievance Process
Forms
Contact Information
Related Procedures
Authority
History
Appendices 

Summary

Stony Brook University (including Stony Brook Medicine, Long Island State Veterans Home, and all other Stony Brook University facilities and programs), referred to herein as the “University,”  is committed to creating and maintaining workplace, educational, healthcare and recreational environments that are safe, accessible and free from all forms of discrimination.

In its continuing effort to seek equity in education and employment, and in support of Federal and State anti-discrimination legislation, the University’s Office of Equity and Access (OEA)  has adopted this Discrimination Complaint Procedure (“Procedure”)  for the prompt and equitable investigation and resolution of allegations of unlawful discrimination on the basis of age, race, creed, color, ethnicity, national origin including shared ancestry and/or ethnic characteristics, religion, sexual orientation, gender identity or expression, military or veteran status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, criminal conviction, arrest record, citizenship or immigration status, gender, pregnancy, pregnancy outcomes, reproductive healthcare and autonomy, or any other characteristic protected by applicable state or federal law. Harassment on the basis of the above protected categories is one form of unlawful Discrimination. Such behavior is prohibited and will not be tolerated, as it violates University policy and federal and state law.  If you consider yourself to be or have been a target of discrimination or harassment at any University-related facility, program, activity or event you may file a report with the Office of Equity and Access (OEA)  under this Procedure. 

The University  will take steps to prevent Discrimination and Harassment, to prevent their recurrence, and to remedy their discriminatory effects on the victim(s) and others, if appropriate. Sex discrimination includes Sexual Harassment and sexual and interpersonal violence. 

Depending on whether the alleged conduct meets the definition found at 34 C.F.R. § 106.30 and the affiliation of the Respondent, it may be addressed under this Procedure or the applicable  section of the University Code of Student Responsibility. 

Retaliation against a person who files a complaint, serves as a witness, or assists or participates in any manner in this Procedure is an act of discrimination, is strictly prohibited, and may result in disciplinary or other appropriate action.

Applicability

This procedure may be used by any current or former University student or employee, or by any Third Party as defined below, concerning conduct arising from the individual’s employment, enrollment, application, or participation in a University program or activity. 

Complaints alleging discriminatory conduct  involving student Respondents may be investigated and adjudicated in accordance with the University Code of Student Responsibility  

Employee grievance procedures established through negotiated contracts, academic grievance procedures, student disciplinary processes, and any other procedures defined by policy or contract generally operate independently from this procedure, but may be used to implement findings or otherwise address conduct identified through this procedure where appropriate. 

For matters that are not required to be investigated and adjudicated in accordance with this procedure or the discrimination prohibitions included in the University Code of Student Responsibility (Section III.A.1.f. Discrimination, Section VII. Sexual Misconduct Policy and Procedure and VIII. Title IX Grievance Policy and Procedure), OEA  may elect to refer the allegations at the outset of the process to the appropriate University office (e.g., Student Conduct and Community Standards, Human Resources, or University Police) for resolution in accordance with applicable University policies and procedures. Student Conduct and Community Standards, Human Resources and/or Employee/Labor Relations or other appropriate University offices will be notified of complaints involving employees as appropriate.

This procedure does not in any way deprive a Complainant of the right to file with outside enforcement agencies including, without limitation, the New York State Division of Human Rights (“SDHR”), the Equal Employment Opportunity Commission (“EEOC”), the United States Department of Education’s Office for Civil Rights (“ED OCR”), the U.S. Department of Health and Human Services Office for Civil Rights (“HHS OCR”), and the Office of Federal Contract Compliance Programs of the United States Department of Labor (“OFCCP”). 

The University Assistant Vice President for the Office of Equity and Access, Equal Opportunity Officer / Title IX, Title VI and ADA Coordinator (VP OEA) or designee shall, upon receiving a complaint of alleged Discrimination, appoint an Investigator.  The Investigator will inform the Complainant about the complaint process and available resolution options, assist the Complainant in using the complaint form and understanding the nature of the allegations, and provide the Complainant with information about available internal and external filing mechanisms, including applicable filing deadlines.

Contact Information:

Marjolie Leonard

Assistant Vice President the Office of Equity & Access

Equal Opportunity Officer, Title IX, Title VI and ADA Coordinator

Office of Equity and Access (OEA)

201 Administration Building

Stony Brook, NY 11796

631-632-6280 Ph - 631-632-9428 F

reportit@stonybrook.edu - stonybrook.edu/reportit - stonybrook.edu/oea 

Procedural Tracks:

There are two tracks for procedures based on affiliation of the Respondent and the applicable law(s): 

• Section I: Discrimination Complaint Process sets forth the procedures for Discrimination and Harassment complaints not governed by Section II or the University Code of Student Responsibility; 

and 

• Section II: Employee Title IX Grievance Process sets forth the procedures for Formal Title IX Complaints of Covered Sexual Harassment involving employee Respondents that meet the jurisdictional requirements of Section II.

Note: Complaints of Discrimination involving student respondents may be investigated and adjudicated Under the University Code of Student Responsibility.  Complaints of Covered Sexual Harassment involving student Respondents must be investigated and adjudicated under the University Code of Student Responsibility Section VII.  Title IX Grievance Policy and Procedure and not pursuant to the procedures described herein.

Complaints governed by this Procedure that were filed before September 11, 2026 will continue to be processed under the procedure in effect when the complaint was filed, unless applicable law requires otherwise. Complaints governed by this Procedure that are filed on or after September 11, 2026 will be processed under this Procedure, except as otherwise provided in Section II.

Definitions Applicable to this Discrimination Complaint Procedure (Sections I & II) 

Scope of Definitions

The definitions set forth below are intended to provide clarity regarding the terms used in administering this Procedure. Nothing in these definitions, or elsewhere in this Procedure, is intended to limit, narrow, or otherwise modify the scope of conduct prohibited by applicable University policies, including but not limited to the University Policy Manual and the University Code of Student Responsibility. Conduct that does not fall squarely within a particular definition set forth in this Procedure may nevertheless be subject to review and resolution under this Procedure where the conduct is prohibited by applicable University policy.

Capitalized terms used in this Procedure have the meanings assigned to them below. Terms may be used in the singular or plural, as context requires.

Actual Knowledge means notice of Covered Sexual Harassment or allegations of Covered Sexual Harassment to the institution’s Title IX Coordinator or any official of the institution who has authority to institute corrective measures on behalf of the University. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute Actual Knowledge. This standard is not met when the only official of the institution with actual knowledge is also the Respondent. The mere ability or obligation to report Sexual Harassment or to inform a student about how to report Sexual Harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the University.

ADA Coordinator is the University official responsible for overseeing University compliance with the Americans with Disability Act of 1990, as amended and Section 504 of the Rehabilitation Act of 1973..

Complainant is any individual who has reported being or is alleged to be the victim of conduct that could constitute discriminatory behavior in  a complaint of Harassment, Discrimination and/or Retaliation.

Consent means a knowing, voluntary and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate Consent. The definition of Consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.

Additionally: 

• Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute Consent to any other sexual act. 
• Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
• Consent may be initially given but withdrawn at any time. 
• Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in a sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs or other intoxicants may be incapacitated and therefore unable to Consent. 
• Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm.  
• When Consent is withdrawn or can no longer be given, sexual activity must stop. 

Discrimination is disparate treatment or action on the basis of one or more categories included in the definition of protected group or class with respect to a dimension of employment or education, including, but not limited to, the administration of the University’s policies, programs, activities, or other Stony Brook University administered programs or employment and includes the terms, conditions, and privileges of employment and/or access for students, faculty, and staff..

Discrimination may also result from failure of the University to provide reasonable accommodations to individuals when required due to the individual's disability, religion, pregnancy status, maternity, breastfeeding, transgender status, or sexual violence victim status, among others.

Discriminatory Harassment is a form of Discrimination consisting of oral, written, graphic or physical conduct relating to an individual's protected characteristics that has the effect of subjecting the individual to inferior terms, conditions or privileges of education or employment or interferes with or limits the ability of an individual to participate in or benefit from the University’s programs or activities. Such conduct must amount to more than petty slights or trivial inconveniences but need not be severe or pervasive. Such protected characteristics include those listed in the Summary section above and any other characteristic protected by applicable state or federal law.

Education Program or Activity means locations, events, or circumstances over which the University  exercises substantial control over both the Respondent and the context in which the Sexual Harassment occurs, and includes:

• any on-campus premises; 
• any off-campus premises that the University has substantial control over, including buildings or property owned or controlled by a recognized student organization; and
• activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operation of the University’s programs and activities over which the University has substantial control.

Formal Complaint means a document, including an electronic submission, filed by a Complainant with a signature or other indication that the Complainant is the person filing the Formal Complaint, including using official University email addresses, or signed by the Title IX Coordinator, alleging Sexual Harassment against a Respondent about conduct within the University’s education program or activity, and requesting initiation of the grievance procedures to investigate the allegation of Sexual Harassment.

Interim Measures are steps taken to stabilize the situation, prevent continuing misconduct, support the parties, and protect the integrity of the investigation. Whenever possible, Interim Measures will be structured so they do not disproportionately impact either party. Interim Measures for students may include, but are not limited to, information about how to obtain counseling and academic assistance in the event of sexual assault, and steps to take if the accused individual lives on-campus and/or attends class with the complainant. Interim measures involving employees in collective bargaining units should be determined in consultation with the University Human Resources or Employee/Labor Relations department. 

Investigator means the University official designated by the Title VI Coordinator and/or Title IX Coordinator to receive, assess, and administer reports and complaints under this Procedure. The University may designate more than one Investigator, as appropriate. Designation as an Investigator does not alter any responsibility assigned by law or University to a Title VI Coordinator, Title IX Coordinator, ADA Coordinator, or other designated official.

Party means a Complainant or Respondent.

Reasonable Accommodation means an interactive process with an employee, student, or other qualified individual who requests a change to their work or academic environment or the terms and conditions of their employment or education based upon a disability in order to attempt to identify and implement a plan that allows the disabled employee to perform an essential job function(s) or the student to continue in their academic program and is not an undue burden on the University. 

Relevant Evidence and Relevant Questions means any evidence and questions that tend to make an allegation of Covered Sexual Harassment more or less likely to be true. Relevant evidence is evidence that is available in a particular case that can be evaluated objectively. Relevant evidence includes, without limitation, the Parties’ own statements, statements of witnesses, or other available evidence, including documentary and video evidence provided.

Relevant evidence and Relevant questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of the Process: 

• Evidence and questions about the Complainant’s sexual predisposition or prior sexual behavior.
• Evidence and questions that constitute, or seek disclosure of, information protected under a legally recognized privilege. 

Respondent is the individual or entity against whom an allegation of discrimination  has been reported. When a complaint is made against a group or entity, the University shall identify an appropriate representative to act on behalf of the Respondent.

Retaliation is an adverse action taken against an individual as a result of filing a report or participating in an investigation or providing information regarding unlawful discrimination or harassment, exercising a legal right, and/or participating in a complaint investigation as a third-party witness. Adverse action includes being discharged, disciplined, academically disadvantaged, discriminated against, subjected to harassment or intimidation, or otherwise subject to adverse action because the individual reports discrimination or participates in an investigation under this procedure.  

Sexual Harassment is unwelcome sexual advances, unwelcome requests for sexual favors, or requests for sexual favors in exchange for some benefit and/or unwelcome 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. Sexual violence is a form of sexual harassment. Sexual harassment is a form of sexual discrimination. Sexual harassment occurs when:

• Submission to such conduct is made either explicitly or implicitly a term of or condition of any individual's employment or education; or 
• Submission to or rejection of such behavior by an individual is used as the basis for employment of educational decisions affecting the individual; or
• A behavior is sufficiently severe or pervasive to interfere with any individual's work or educational performance, or create an intimidating, hostile, or offensive work or educational environment. 

Such prohibited conduct includes, but is not limited to, unwelcome sexual communication, touching, and non-consensual sexual contact, including but not limited to sexual touching, intercourse, and violence.

Supportive Measures means non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Such measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or deter Sexual Harassment. Supportive Measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the University premises, and other similar measures. The University must maintain as confidential any Supportive Measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the Supportive Measures. The Title IX Coordinator is responsible for coordinating the effective implementation of Supportive Measures with the appropriate University office. 

Third Party means any person who is not a University student or employee but who is participating in, attempting to participate in, or otherwise interacting with a University-sponsored program or activity, including applicants for admission or employment, patients, interns, volunteers, contractors, vendors, visitors, and other persons conducting business with the University. 

Title VI Coordinator is the University official responsible for overseeing University compliance with Title VI of the Civil Rights Act of 1964 and handling reports of discrimination, including discriminatory harassment, and discriminatory misconduct.

Title IX Coordinator is the University official responsible for overseeing University compliance with Title IX of the Education Amendments of 1972 and handling reports of sex discrimination, sexual harassment, and sexual misconduct.

Section I: Discrimination Complaint Process

Procedures for Discrimination and Harassment Complaints Not Governed by Section II, Employee Title IX Grievance Process or the University Student Code of Responsibility

This procedure provides a mechanism through which the University may identify, respond to, and prevent incidents of illegal discrimination. The University recognizes and accepts its responsibility in this regard and believes that the establishment of this internal grievance process will benefit students, faculty, staff, patients and administration, permitting investigation and resolution of violations of law or policy. All Parties involved in the investigation are expected to cooperate and provide truthful information throughout the investigation. Failure to do so may compromise the integrity of the investigation or cause delays. All members of the University community are expected to cooperate with this procedure. 

The University  will keep investigations confidential to the extent possible. During any portion of the procedures detailed hereafter, neither the Complainant, Respondent(s), nor any witnesses shall employ audio or video taping devices. 

Retaliation against a person who files a complaint, serves as a witness, or assists or participates in any manner in this procedure is strictly prohibited and may result in disciplinary action up to and including termination or expulsion. Participants who experience Retaliation should contact OEA, or other appropriate official  and may file a complaint pursuant to this procedure.

Unless prohibited by applicable law, the University will comply with law enforcement requests for cooperation, and such cooperation may require the University to temporarily delay the fact-finding aspect of an investigation while the law enforcement agency is in the process of gathering evidence. OEA  will resume its investigation as soon as law enforcement notifies it that such investigation will not interfere with the criminal investigation or prosecution. The University will implement appropriate Interim Measures during the law enforcement agency’s investigation to provide for the safety of the victim(s) and the University community.

If a parallel or overlapping complaint has been filed with an outside enforcement agency (e.g., SDHR, ED OCR, HHS OCR, EEOC), OEA may modify the deadlines and process described in this procedure to avoid interference with that agency’s investigation. If litigation is initiated, OEA may pause or continue the investigation in a manner that avoids conflict with litigation counsel, court procedures, and judicial rulings. 

Consultation and Review

Any student, employee, or Third Party may consult with the OEA regarding potential Discrimination or Harassment. This initial contact may occur by telephone, email, videoconference, or in person.

OEA will respond to all such inquiries, reports, and requests as promptly as possible and in a manner appropriate to the circumstances. OEA’s response may include Interim Measures to protect the Parties during the investigation process and information on filing a complaint using this procedure and/or with an outside enforcement agency. 

Administrators, managers, and supervisors must immediately refer to OEA any complaint or concern regarding potential Discrimination or Harassment that is reported to them or that they observe or otherwise become aware of. 

Time Limitations for Filing a Complaint Under Section I

Reports of Discrimination, Harassment, or Retaliation may be made at any time by any person and should be made as promptly as practicable. A Complainant seeking a formal investigation under this Procedure ordinarily should file within one year after the most recent alleged act of Discrimination, Harassment, or Retaliation. 

In instances involving a complaint by a student against a faculty or staff member arising from a supervisory, evaluative, teaching, advising, thesis or dissertation supervision, coaching, clinical supervision, or similar relationship, a complaint ordinarily may be filed until one year after that relationship ends or three years after the most recent alleged act, whichever is earlier. 

OEA may accept a complaint filed outside the applicable period for good cause or when the University determines that review is otherwise warranted. Relevant considerations may include the nature and severity of the allegations; any ongoing effects or continuing conduct; evidence of a pattern; whether the alleged conduct arose in a supervisory, evaluative, or other relationship involving authority over the Complainant; circumstances affecting the Complainant’s ability to file earlier; institutional safety or compliance concerns; and the availability of relevant evidence.

Delay may limit the University’s ability to investigate the allegations, make findings, impose discipline, or provide particular remedies, but it does not prevent the University from reviewing the information and taking other appropriate action. Filing a complaint under this Procedure does not extend any deadline for filing with an outside agency or court.

Conflicts of Interest

In the event that OEA cannot conduct an investigation due to a conflict of interest, the University will ensure that the report of discrimination is investigated by individuals with experience and training in discrimination compliance.

Filing and Processing of Complaints

Following the receipt any report  of alleged discrimination the University shall: 

1) Inform the complainant about the complaint process and other internal options to resolve the issue;

2) Assist the complainant in the use of the complaint form; and

3) Provide the complainant with information about various external agencies with which an external complaint may be filed, including where to find applicable time limits for filing with each agency. 

Although in limited circumstances, verbal complaints may be acted upon, the procedures set forth here rest upon the submission of a written complaint submitted by paper or electronically that will enable there to be a full and fair investigation of the facts. 

Complaints can be filed in writing using the Form for Reporting Allegation of Discrimination form included in this Discrimination Complaint Procedure, on-line using OEA’s on-line reporting  forms or by appointment.  Although written complaints are not required, OEA may require complainants to submit a written complaint to better ensure documentation of the complaint and a full and fair investigation of the facts.  The included form can be submitted in person at the OEA office, via email, fax or US mail.  You may also file a written complaint electronically 24 hours a day 7 days a week at www.stonybrook.edu/reportit.  If you require assistance completing this form or filing a complaint in writing, please contact OEA for assistance. 

As soon as reasonably practicable after the filing of the complaint, the AVP of OEA or designee  will provide a copy of the complaint, along with a copy of this procedure, to the Respondent(s).

Informal Resolution

No party will be required to participate in informal resolution, and the University may never condition enrollment, employment, or enjoyment of any other right or privilege upon agreeing to informal resolution. 

OEA may attempt to resolve the underlying issue with the agreement of Complainant and Respondent. The time limitations for investigating a complaint shall be tolled (paused) during the pendency of the informal resolution process. Any party or the AVP of OEA or designee may elect to end the informal resolution process and proceed to the formal resolution procedure at any time after the Allegation of Discrimination form is filed. If the Respondent is an employee, University Human Resources (HR) or Employee and Labor Relations (LR) office may be involved prior to the OEA making any attempts to informally resolve the complaint.

If a resolution satisfactory to both the complainant and the respondent is reached, OEA shall close the case, sending a written notice to that effect to the complainant and respondent(s). The written notice, a copy of which shall be attached to the original complaint form in the OEA’s file, shall contain the terms of any agreement reached by complainant and respondent, and shall be signed and dated by the complainant, the respondent(s), LR and the AVP of OEA or designee. (See Form B below)

If the OEA and LR are unable to resolve the complaint through Informal Resolution to the mutual satisfaction of the Complainant and Respondent(s), the Investigator shall notify the parties and initiate the investigation process. 

Formal Investigation and Resolution

The formal complaint proceeding is commenced by the filing of a complaint form as described above and/or by a Party’s decision to discontinue the informal resolution process. The outcome of the process is a report describing the relevant evidence and making findings. 

The investigatory process is guided by the need to balance the need to remedy unlawful Discrimination and Harassment with principles of fairness, due process, and confidentiality. Accordingly, Parties to an investigation are afforded the following rights and protections:

• The University will maintain the confidentiality of discrimination reports to the fullest extent possible and request the same of Parties to the investigation and third-party witnesses. Records of conversations with parties or witnesses will not be released outside of the University unless required by law (e.g., outside investigation, FERPA, FOIL), court order, or as needed to pursue available remedies such as student/employee discipline.
• The Respondent is entitled to due process, including knowledge of the specific allegation(s) and an opportunity to respond prior to imposition of sanctions or an adverse employment or education action. No finding or presumption of wrongdoing will be made absent factual evidence that supports the finding.
• Complainants and Respondents will each have notice of the relevant evidence presented during the investigation, as well as an opportunity to explain and respond to the evidence. The Investigator will keep the Parties informed of the progress of the investigation and any actions taken that may affect their rights. 
• Individuals are protected against retaliation for reporting discrimination or participating in an investigation. If an individual feels that any negative action has been taken as a result of reporting discrimination or participating in a complaint investigation, this allegation will be investigated as a separate act of discrimination.

Throughout the investigation of any complaint, OEA may consult with HR and/or LR and/or any other appropriate office if the Respondent is an employee. OEA may similarly consult with Student Conduct and Community Standards if the Respondent is a student.   

In conducting investigations, OEA will consider relevant laws, policies and procedures, documentation, and relevant information obtained from the complainant, respondent(s), and third-party witnesses. 

The standard of proof for complaints made under this Procedure is a preponderance of the evidence (more likely than not) regardless of whether or not the allegations would also constitute a crime. 

The timeframe for investigating a report of discrimination will depend upon the complexity of the investigation but should not exceed ninety days absent good cause as determined by the AVP of OEA or designee. 

At the conclusion of an investigation, the Investigator will produce an investigative  report, including a determination as to whether the preponderance of the evidence supports a finding that a violation of law or policy occurred. Allegations may be referred to Employee and Labor Relations (LR) when the Respondent is an Employee, to the Office of Student Conduct and Community Standards when the Respondent is a student or to any appropriate University office when the Respondent is a Third Party (for example University Police) for appropriate disciplinary or other action.    

Potential Outcomes of the Investigation of a Complaint

• The matter is resolved using Informal Resolution between the Parties and the University and no other issues require University involvement;
• The Complainant elects to withdraw the complaint or requests that there be no further investigation, and there are no other factors which require continuation of the investigation;
• There is insufficient evidence to support a finding of a violation of law or University  policies prohibiting Discrimination and Harassment;
• Based on a fair and impartial review of all of the relevant evidence, the allegation has been substantiated and should be referred to the appropriate disciplinary process for a hearing.

The parties to a complaint will receive notice of the outcome of the investigation.

When the evidence supports a finding that a violation of law or policy occurred, OEA will refer  the matter to Labor Relations (LR) when the Respondent is an employee Student Conduct and Community Standards (SCCS) when the Respondent is a student to remedy such violation(s). Third-party Respondents may be referred to the appropriate University Office, such as University Police (UPD).  When such a referral would create an actual or apparent conflict of interest, the matter will instead be referred to the University President, or designee.  If the University President is the Respondent, the findings and recommendations shall be submitted to the SUNY Chancellor (or designee), who will act in place of the University President.   

For employees (including student employees, when appropriate) not in a collective bargaining unit: OEA will refer the matter to Employee and Labor Relations who may take such administrative action as they deem appropriate under their authority and any applicable employment contract , including but not limited to, termination, demotion, reassignment, suspension, reprimand, or training. 

1. 1. For students: OEA may determine that sufficient information exists to refer the matter to Student Conduct and Community Standards  or another appropriate disciplinary body for review and appropriate action under the University Code of Student Responsibility . The potential outcomes may include reprimand, suspension, expulsion, or restriction of access to educational courses or activities. 
   2. For employees in collective bargaining units: OEA may determine that sufficient information exists to refer the matter to LR, or other action as may be appropriate under the applicable collective bargaining agreement. Potential outcomes of that process may include a reprimand, suspension, termination, training, fine, demotion, or informal or formal counseling.

The action of OEA or designee shall be final unless further proceedings by the Office of Student Conduct and Community Standards (SCCS) under the University Code of Student Responsibility  or by University Employee and Labor Relations (LR) under applicable collective bargaining agreement or employment contracts or other appropriate process are implicated. When an apparent or actual conflict of interest exists, the University President, or designee shall issue a written statement indicating what action the University proposes to take.   If the University  president is the respondent, the Chancellor (or designee) shall issue a written statement indicating what action the Chancellor (or designee) proposes to take. The decision of the Chancellor (or designee) shall be final for purposes of this discrimination procedure.

Notice of Outcome 

Following final finding and/or action by OEA, SCCS, LR, or any other appropriate University office, the University  shall issue a letter to the Complainant(s) and to the Respondent(s) advising them that the matter, for purposes of this discrimination procedure, is closed. In cases of sex discrimination, the notice of outcome will include the sanctions, as appropriate.

Additional Definitions Applicable to Section II

Employee Title IX Grievance Process (For Formal Title IX Complaints of Covered Sexual Harassment involving employee Respondents that meet the jurisdictional requirements.)

Covered Sexual Harassment means any conduct on the basis of sex that satisfies one or more of the following: 

1. An employee conditioning the provision of an aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo);
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity (i.e. hostile environment harassment). In evaluating whether a hostile environment exists, the institution will consider a number of factors, including, but not limited to: the frequency, nature, and severity of the conduct; whether the conduct was physically threatening; the effect of the conduct on the Complainant’s mental or emotional state; how the conduct affected the terms, conditions or privileges of employment or education; whether the conduct was directed at more than one person; whether the conduct arose in the context of other discriminatory conduct; whether there is a power differential between the parties; and whether the conduct implicates concerns related to academic freedom or protected speech; 
3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent. This includes the forcible sex offenses of rape and criminal sexual contact and the non-forcible sex offenses of incest and statutory rape. The applicable offenses are defined below: 
   1. Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim;
   2. Criminal Sexual Contact: the intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation, or the forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation; 
   3. Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law;
   4. Statutory rape: sexual intercourse with a person who is under the age of consent in New York State.
4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; and (iii) The frequency of interaction between the persons involved in the relationship. 
5. Domestic violence (as defined in the VAWA amendments to the Clery Act and the Violence Against Women Act (VAWA) Reauthorization of 2022), which includes any felony or misdemeanor crimes of violence committed by a person who: (A) is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of New York, (B) who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, (C) shares a child in common with the victim; or (D) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of New York. 
6. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress. 

Note that conduct that does not meet one or more of these criteria may still be prohibited and subject to discipline under Section 1 of this procedure or other University policies, procedures, or contractual obligations.

Relevant Evident Clarification for Covered Sexual Harassment For the purposes of Section II of this procedure “Relevant” evidence and Relevant questions excludes the following types of evidence and questions, which are deemed “irrelevant” at all stages of the Employee Title IX Grievance Process: 

Evidence and questions about the Complainant’s sexual predisposition or prior sexual behavior unless: 

They are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or 

They concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove Consent. 

Evidence and questions that constitute, or seek disclosure of, information protected under a legally recognized privilege. 

Any Party’s medical, psychological and similar records unless the party has given voluntary, written consent. 

Section II: Employee Title IX Grievance Process

The procedure for Formal Title IX Complaints of Covered Sexual Harassment involving employee Respondents that meet the jurisdictional requirement.

General Rules of Application

Effective Date

This Employee Title IX Grievance Process applies to incidents of covered sexual harassment involving employee respondents that occur on or after August 14, 2020. Incidents of sexual harassment alleged to have occurred before August 14, 2020, will be investigated and adjudicated according to the process in place at the time the incident allegedly occurred. 

Should any portion of the Title IX Final Rule, 85 Fed. Reg. 30026 (May 19, 2020), be stayed or held invalid by a court of law, or should the Title IX Final Rule be withdrawn or modified to not require the elements of this Employee Title IX Grievance Process, or the invalidated elements of this Employee Title IX Grievance Process, those elements will be deemed revoked as of the publication date of the opinion or order and for all reports after that date, as well as any elements of the process that occur after that date if a case is not complete by that date of opinion or order publication. Should this Employee Title IX Grievance Process be revoked in this manner, any conduct covered under this process shall be investigated and adjudicated under Section I of this Procedure or the employee disciplinary process described in the collective bargaining agreement, as appropriate. 

Scope of Procedure

Stony Brook University (University)  has adopted a grievance procedure for the prompt and equitable resolution of Formal Complaints alleging Covered Sexual Harassment made by persons, including students and employees, who are participating or attempting to participate in  the University’s Education Program or Activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.

Title IX’s prohibition on sex discrimination includes Covered Sexual Harassment in the form of quid pro quo harassment, hostile environment harassment, and four specific offenses (sexual assault, dating violence, domestic violence, and stalking). For the prompt and equitable resolution of Formal Complaints alleging Covered Sexual Harassment involving a student Respondent, the University will utilize the University Student Code of Responsibility.

Non-Discrimination in Application 

The requirements and protections of this Employee Title IX Grievance Process apply equally regardless of sex, sexual orientation, gender identity, gender expression or other protected classes covered by applicable federal or state law. All requirements and protections are equitably provided to individuals regardless of such status or status as a complainant, respondent, or witness. Individuals who wish to file a complaint about this policy, procedure, or process may contact the U.S. Department of Education’s Office for Civil Rights (“ED OCR”).  

Office for Civil Rights

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-1475

Telephone: 202-453-6020

Fax: 202-453-6021 

TDD: 800-877-8339

Email: OCR.DC@ed.gov

For complaints involving health care services, hospitals, or other programs or activities subject to the jurisdiction of the U.S. Department of Health and Human Services, including complaints that may fall under Title IX, individuals may also contact the Office for Civil Rights, U.S. Department of Health and Human Services (“HHS OCR”):

Office for Civil Rights
U.S. Department of Health and Human Services
200 Independence Avenue, SW

Room 509F, HHH Building
Washington, D.C. 20201
Telephone: 1-800-368-1019
TDD: 1-800-537-7697
Email: OCRMail@hhs.gov 

Privacy v. Confidentiality

This grievance procedure is intended to protect the privacy of parties and witnesses during the Employee Title IX Grievance Process, while also promoting the University’s ability to meet its Title IX obligations, consistent with constitutional and other due process protections. The University will maintain the privacy to the greatest extent possible. of any individual who has made a report or complaint of sexual harassment, including any individual who has made a report or filed a Formal Complaint of Sexual Harassment, any Complainant, any individual who has been reported to be the perpetrator of sexual harassment, any Respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. § 1232g, or FERPA regulations, 34 C.F.R. part 99, or as required by law, or to carry out the purposes of 34 C.F.R. part 106, including the outcome of any investigation, hearing, or judicial proceeding arising thereunder. The University will limit the sharing of information to the extent permitted by law. Federal and state laws, rules, and regulations, including New York’s Freedom of Information Law, may require disclosure in some circumstances.

The University will take reasonable steps to protect the privacy of the Parties and witnesses during the pendency of the grievance procedure, provided that the steps do not restrict first amendment rights nor  the ability of the Parties to obtain and present evidence, including by speaking to witnesses (as long as such does not result in Retaliation), consult with their family members, confidential resources, or advisors, or otherwise prepare for or participate in this grievance procedure. A Formal Complaint will require that the institution share the identity of a Complainant with the Respondent and the Parties’ advisors, as well as relevant institutional employees who are assisting with the investigation or adjudication of the Formal Complaint.

Private vs. Confidential Resources 

Several identified institutional offices will maintain the confidentiality of all reports, meaning those offices have the ability to not report crimes and violations to law enforcement or Univeristy officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. Reports to confidential resources will not generally trigger an institutional investigation or remedy. 

Below are the institutional offices/officials identified as confidential for Title IX purposes, who will not report to law enforcement or University  officials without a Complainant’s permission, except for extreme circumstances: 

• Off-campus victim advocacy centers (if applicable);
• Licensed  medical and mental health providers who receive reports when in healthcare capacity.; and
• Religious officials who receive reports when in their ministerial capacity.

All other institutional offices and employees will maintain the privacy of reports of Covered Sexual Harassment to the greatest extent possible but cannot guarantee confidentiality. Information disclosed to these private resources will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. Anonymized information may be relayed as is necessary to comply with state and federal reporting requirements such as those included in the Jeanne Cleary Campus Safety Act (20 U.S.C. § 1092(f) ).

Stony Brook University provides the following confidential resources for employees:

Employee Assistance Program (EAP): EAP provides voluntary, confidential, and comprehensive services for the purpose of enhancing the overall well-being and productivity of faculty and staff.  

631.632.6085 Phone  

eap@stonybrook.edu 

All Stony Brook Medicine licensed health professionals on campus are able to maintain when acting in the scope of the provision of healthcare services.

Additional and up-to-date information on on-campus and off-camps Resources available to individuals who experience sexual misconduct is available on OEA’s Sexual Misconduct and Title IX Website.

Making a Report Regarding Covered Sexual Harassment to the University  

Any person may report sex discrimination, including Covered Sexual Harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone or by electronic mail, using the contact information listed for the University’s’s Title IX Coordinator, or by any other means that results in the University’s Title IX Coordinator or designee receiving the person’s verbal or written report.  

Marjolie Leonard

Assistant Vice President the Office of Equity & Access

Equal Opportunity Officer, Title IX, Title VI and ADA Coordinator

Office of Equity and Access (OEA)

201 Administration Building

Stony Brook, NY 11796

631-632-6280 Ph - 631-632-9428 F

reportit@stonybrook.edu - stonybrook.edu/reportit - stonybrook.edu/oea

Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed above. For confidential reporting resources that will not forward a report to the Title IX Coordinator, please reference the preceding section, titled “Private vs. Confidential Resources.”

Non-Investigatory Measures Available Under the Employee Title IX Grievance Process  

Supportive Measures  

Complainants who report allegations that could constitute Covered Sexual Harassment under this Procedure have the right to receive Supportive Measures from the University regardless of whether they desire to file a Formal Complaint. Supportive Measures are non-disciplinary and non-punitive. 

Administrative Leave/Alternate Assignment  

The University retains the authority to place a non-student employee Respondent on administrative leave or alternate assignment, for the duration of the Covered Sexual Harassment Complaints Procedure for Employee Respondents , consistent with the relevant collective bargaining agreement. The University Employee and Labor Relations (LR)  office will maintain responsibility for placing employees on administrative leave or alternate assignment. 

Alcohol and/or Drug Use Amnesty for Student Complainants or Bystanders

The health and safety of everyone at the University is of utmost importance. The University recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The University strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. 

A student who acts in good faith and discloses any incident of domestic violence, dating violence, stalking, or sexual assault to the University’s officials or law enforcement will not be subject to the University’s code of conduct for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

Disability Accommodations  

This Employee Title IX Grievance Process does not alter any institutional obligations under applicable federal and state disability laws, including the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and the New York State Human Rights Law. Parties may submit requests for reasonable accommodations for disclosed disabilities to the Title IX Coordinator or designee at any point before or during this Employee Title IX Grievance Process. Requests will be evaluated in consultation with the appropriate University office, and accommodations may be provided where they do not fundamentally alter the process. The Title IX Coordinator or designee will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities. 

Filing a Formal Complaint  

The timeframe for this grievance procedure begins with the filing of a Formal Complaint. The Employee Title IX Grievance Process will be concluded within a reasonably prompt timeframe, after the filing of the Formal Complaint, provided that the process may be extended for a good reason, including but not limited to the absence of a Party, a Party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. 

To file a Complainant must provide the Title IX Coordinator with a written, signed Formal Complaint describing the facts alleged. A Complainant may file a Formal Complaint under this Employee Title IX Grievance Process only if they are currently participating in, or attempting to participate in, the University's Education Program or Activity, including as an employee. For Complainants who do not meet these criteria, the University will utilize Section I: Discrimination Complaint Process, the Student Code of Responsibility or existing policy and/or procedure in the employee disciplinary process as described in the collective bargaining agreement, or other University policies and/or procedures, as applicable to the Complaint.

If a Complainant does not wish to file a Formal Complaint, the Title IX Coordinator may determine a Formal Complaint is necessary and sign one. If so, the University will inform the Complainant of this decision in writing. The Complainant need not participate further in the process but will receive all notices issued under this Employee Title IX Grievance Process. When the Title IX Coordinator signs a Formal Complaint, the Title IX Coordinator does not become a Complainant or Party to the Employee Title IX Grievance Process.

Nothing in any University  policy or procedure, including this Employee Title IX Grievance Process precludes the Complainant from seeking the assistance of state or local law enforcement alongside the appropriate University process. 

Initial Assessment 

Upon receipt of a report by a Complainant of alleged prohibited conduct by an employee, the Title IX Coordinator or designee will make an initial assessment of the reported information and respond to any immediate health or safety concerns raised by the report. The steps in an initial assessment vary based on whether the identity of the Complainant is known.

In the initial assessment and meeting or correspondence with the Complainant, the Title IX Coordinator or designee will: 

• Assess the Complainant’s safety and well-being and offer the University’s support and assistance through available resources; 
• Inform the Complainant that the Title IX Coordinator will maintain the Complainant’s privacy to the greatest extent possible and disclose information only as necessary pursuant to this procedure;
• Inform the Complainant of their right to seek medical treatment (including a sexual assault forensic examination) and explain the importance of obtaining evidence and preserving forensic and other evidence, where applicable; 
• Inform the Complainant of their right to contact law enforcement, be assisted by University officials in contacting law enforcement, or decline to contact law enforcement, and their right to seek a protective order; 
• Inform the Complainant that the criminal justice system uses different standards of proof and evidence than this procedure and that any questions about whether the reported prohibited conduct constitutes a penal law violation should be addressed by law enforcement; 
• Inform the Complainant about University and community resources, including counseling, health, and mental health services; victim advocacy; procedural advocacy; legal resources; visa and immigration assistance; student financial aid; and any other community or University resources, and how to request or contact such resources; 
• Inform the Complainant of the right to seek appropriate and available Supportive Measures and how to request such measures and consider the Complainant’s wishes with respect to Supportive Measures with or without the filing of a Formal Complaint; 
• Ensure the Complainant is aware of their right to an advisor; 
• Inform the Complainant of the right to file a Formal Complaint and seek resolution under the Employee Title IX Grievance Process; and provide the Complainant with an overview of this procedure, including Supportive Measures;
• Inform the Complainant of the right to withdraw a Formal Complaint at any time prior to resolution. and to decline or discontinue participation in the resolution process under this Procedure at any time.   The Complainant should also be informed that declining to participate in an investigation and/or hearing under these procedures may limit the University’s ability to investigate meaningfully and respond to a report of prohibited conduct; 
• As possible and appropriate, ascertain the Complainant’s preference for pursuing a Formal Complaint, Supportive Measures, or neither under this procedure, and discuss with the Complainant any concerns or barriers to participating in any investigation and resolution process under this procedure; 
• Explain that the University prohibits retaliation, that retaliation constitutes prohibited conduct under this procedure, and that the University will take appropriate action in response to any act of retaliation; 
• Inform the Complainant of their rights afforded under the Student Bill of Rights, if applicable; 
• Communicate with appropriate University officials to determine whether the report triggers any Clery Act obligations, including the issuance of a timely warning or emergency notification, and take steps to meet those obligations; and
• Notify  Employee and Labor Relations (LR) that a complaint against an employee has been received.

Determining Jurisdiction 

The Title IX Coordinator or designee will determine if this procedure should apply to a Formal Complaint. This procedure will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator: 

1. The conduct is alleged to have occurred on or after August 14, 2020; 
2. The conduct is alleged to have occurred in the United States; 
3. The conduct is alleged to have occurred in the University’s’s Education Program or Activity; and 
4. The alleged conduct, if true, would constitute Covered Sexual Harassment as defined in this Procedure.

If all of the elements are met, the University will investigate the allegations according to this procedure.  

Multi-Party Situations and Consolidation of Complaints

The University may consolidate Formal Complaints alleging Covered Sexual Harassment against more than one employee Respondent, or by more than one Complainant against one or more employee Respondents, or by one Party against the other Party, where the allegations of Covered Sexual Harassment arise out of the same facts or circumstances.  

Allegations Potentially Falling Under More Than One Policy or Procedure 

If the alleged conduct, if true, includes conduct that would constitute Covered Sexual Harassment and conduct that would not constitute Covered Sexual Harassment, this Employee Title IX Grievance Process will be applied in the investigation and adjudication of all the allegations.

Mandatory Dismissal 

The University will investigate the allegations of Covered Sexual Harassment in a Formal Complaint. If the conduct alleged in the Formal Complaint would not constitute Covered Sexual Harassment, even if proved; did not occur in the Universtiy’s Education Program or Activity; or did not occur against a person in the United States, then the University must dismiss the Formal Complaint regarding that conduct for purposes of Section II: Title IX Grievance Process. 

Such a dismissal does not preclude action under Section 1: Discrimination Complaint Process or the employee disciplinary process as described in the applicable collective bargaining agreements, or other appropriate action based on University policy and/or procedures. Any  Party may appeal a dismissal using the procedure outlined in “Appeals” below. 

Discretionary Dismissal 

The Title IX Coordinator or designee may dismiss a Formal Complaint brought under this procedure, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if: 

• A Complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint; 
• The Respondent is no longer employed by the University; or 
• Specific circumstances prevent the University from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.

Such a dismissal does not preclude action under Section 1: Discrimination Complaint Process or the employee disciplinary process as described in the applicable collective bargaining agreements, or other appropriate action based on University policy and/or procedures. Any Party may appeal a dismissal determination using the process set forth in “Appeals” below. 

Notice of Dismissal 

Upon reaching a decision that the Formal Complaint will be dismissed, the University will promptly send written notice of the dismissal of the Formal Complaint or any specific allegation within the Formal Complaint and the reason for the dismissal, simultaneously to the Parties through their University email accounts or other appropriate means. It is the responsibility of Parties to maintain and regularly check their University email accounts. 

When a Formal Complaint is dismissed, the University  will, at a minimum, offer Supportive Measures to the Complainant as appropriate and to the Respondent as appropriate (if the Respondent has been notified of the allegations), and take other prompt and effective steps, as appropriate, through the Title IX Coordinator or designee to ensure that sex discrimination does not continue or recur within the University’s Education Program or Activity.

Notice of Removal 

Upon dismissal for the purposes of Title IX, the University retains discretion to utilize Section I of this Procedure or any other  employee disciplinary process, as appropriate, to determine if a violation of one or more of those policies and/or procedures has occurred. If the University refers the allegations to another process, it will promptly provide written notice that the Formal Complaint has been dismissed and that the allegations have been removed from that procedure and referred to the other applicable process.

Notice of Allegations 

The Title IX Coordinator or designee will draft and provide the Notice of Allegations to each Party to the alleged Covered Sexual Harassment. Such notice will occur as soon as practicable upon receipt of a Formal Complaint, if there are no extenuating circumstances or concerns. 

The Parties will be notified through their University  email accounts if they are a student or employee and by other reasonable means if they are neither. 

The University will provide sufficient time for the Parties to review the Notice of Allegations and prepare a response before any initial interview. 

The Title IX Coordinator or designee may determine that the Formal Complaint will be dismissed on the grounds identified above and will issue a Notice of Dismissal. If such a determination is made, any party to the allegations of Sexual Harassment identified in the Formal Complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations. 

Contents of Notice 

The Notice of Allegations will include the following: 

• Notice of this procedure and a hyperlink to a copy of the process. 
• Notice of the allegations potentially constituting Covered Sexual Harassment 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 allegedly constituting Covered Sexual Harassment; and the 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 this grievance procedure. 
• A statement that the Parties may have an advisor of their choice, who may be, but is not required to be, an attorney; 
• A statement that before the conclusion of the investigation, the Parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the University does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a Party or other source;  
• Employees and Students are prohibited from knowingly making false statements or knowingly submitting false information during this process as provided in University Policy and the University Student Code of Responsibility. 

Ongoing Notice   

If, during an investigation, the University decides to investigate allegations about the Complainant or Respondent that are not included in the Notice of Allegations and would otherwise constitute Covered Sexual Harassment and fall within this Employee Title IX Grievance Process, the University will notify the Parties whose identities are known of the additional allegations through their institutional email accounts or other reasonable means. The Parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional allegations. 

Advisors of Choice 

The University will provide the Parties equal access to advisors and support persons and will not limit the choice or presence of an advisor for either Party. Any restrictions on advisor participation will be applied equally. 

Individuals participating as Complainant or Respondent in this procedure may be accompanied by an advisor of choice to any meeting or hearing to which they are required or are eligible to attend. The advisor of choice is not an advocate. Except where explicitly stated by this procedure, advisors of choice shall not participate directly in the process consistent with standard University policy and practice, except for required cross-examination by such advisor during a live hearing. The University may establish Rules of Decorum and otherwise establish restrictions regarding the extent to which advisors may participate in the proceedings. 

An employee Respondent subject to a collective bargaining agreement has the right to appoint their applicable union representative as their advisor of choice. If such employee Respondent chooses to have an advisor of choice that is different from and in addition to their applicable union representative, the Complainant will be notified and allowed to have an additional advisor of choice or support person during this procedure.

The University will not intentionally schedule meetings or hearings on dates when the advisors of choice for all Parties are not available, provided that the advisors act reasonably in providing available dates and work collegially to find dates and times that meet all schedules within a reasonable timeframe.  

The University's obligations to investigate and adjudicate in a prompt timeframe under the Employee Title IX Grievance Process and other University policies apply to matters governed under this procedure, and the University cannot agree to extensive delays solely to accommodate the schedule of an advisor of choice. The determination of what is reasonable shall be made by the Title IX Coordinator or designee. The University will not be obligated to delay a meeting or hearing under this process more than five (5) business days due to the unavailability of an advisor of choice, and may offer the Party the opportunity to obtain a different advisor of choice or utilize one provided by the University. 

Notice of Meetings and Interviews  

The University will provide, to a Party whose participation is invited or expected, written notice of the date, time, location, participants and purpose of all hearings, investigative interviews or other meetings with a Party, with sufficient time for the Party to prepare to participate. 

For employee Respondents, all meetings, hearings, and investigative interviews are voluntary and are not considered an interrogation under the applicable collective bargaining agreements. The employee Respondent is responsible for providing any notifications to appropriate union representation.

Investigation  

General Rules of Investigations  

The Title IX Coordinator and/or the Investigator designated by the Title IX Coordinator, in conjunction with the designee from Employee and Labor Relations (LR), will perform a fair and impartial investigation of the conduct alleged to constitute Covered Sexual Harassment in a reasonably prompt timeframe, after issuing the Notice of Allegations. The investigation will generally include individual interviews of the Complainant, the Respondent, and relevant witnesses. The investigation may also include review of any other evidence, such as photos, video or electronic communications, proffered by the Parties or Witnesses.  The Parties may submit in writing the names of witnesses they would like OEAr to interview and proposed questions or topics for OEA and LR to address with witnesses or either Party. OEA has the discretion to determine the relevance of any proffered witnesses, and, accordingly, OEA will determine which witnesses to interview.

The University, and not the Parties, has the burden of proof and the burden of gathering evidence sufficient to reach a determination, i.e., the responsibility of showing a violation of Title IX or University policy has occurred. This burden does not rest with either Party and either Party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from the University and does not indicate responsibility.  

The University  cannot access, consider, disclose, or otherwise use a Party’s medical records without voluntary, written consent from the individual to whom the records belong or about whom the records contain information. 

The University  will provide an equal opportunity for the Parties to present relevant witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence (i.e. evidence that tends to prove and disprove the allegations) as described below. 

All deadlines and time requirements in this procedure may be extended for good cause as determined by the Title IX Coordinator or their designee. The Respondent and the Complainant, as well as their advisors, will be notified in writing of the delay, the reason for the delay, and provided the date of the new deadline or event. Extensions requested by one party will not typically be longer than five (5) business days. 

Inspection and Review of Evidence 

Prior to the completion of the investigation, the Parties will have an equal opportunity to inspect and review the evidence obtained through the investigation in an electronic format or a hard copy. The purpose of the inspection and review process is to allow each Party the equal opportunity to meaningfully respond to the evidence prior to the conclusion of the investigation. The Parties will have at least ten (10) business days to submit a written response, which the Title IX Coordinator or designated Investigator will consider prior to completion of the investigative report. 

Evidence that will be available for inspection and review by the Parties will be any evidence that is relevant or directly related to the allegations raised in the Formal Complaint. It will include:  

1. Evidence that is related, even if that evidence does not end up being relied upon by the institution in making a determination regarding responsibility;  
2. Inculpatory or exculpatory evidence (i.e. evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a Party or other source. 

Except as provided under “Newly Discovered Evidence” below, all Parties must submit any evidence they would like OEA to consider before the Parties’ time to inspect and review evidence begins. 

The University will provide each Party and the Party’s advisor, if any, with the evidence made available for inspection and review. The University  is not under an obligation to use any specific process or technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access. 

Any evidence deemed relevant after inspection and review will be available at any hearing, including for purposes of cross-examination. 

The Parties and their advisors must sign an agreement that evidence made available by the University for inspection and review, including evidence made available at the hearing, and any recording or transcript of the hearing may not be disseminated or used for any purpose unrelated to this Employee Title IX Grievance Process. Once signed, this agreement may not be withdrawn. Nothing in this restriction limits a Party’s ability to discuss the allegations under investigation or to gather and present relevant evidence. 

The Parties and their advisors must not photograph or otherwise copy the evidence, except as otherwise permitted by the University or applicable law. 

Inclusion of Evidence Not Directly Related to the Allegations 

Evidence obtained in the investigation that is determined in the reasoned judgment of OEA not to be directly related to or Relevant to the allegations in the Formal Complaint will be included in the appendices to the investigative report. These appendices will be made available exclusively to both Parties unless an appeal is filed. 

Investigative Report  

The Title IX Coordinator or designated Investigator will create the investigative report that fairly summarizes relevant evidence and, at least ten (10) business days prior to a hearing, will send the report, in electronic or hard-copy format, to each Party and the Party’s advisor. The investigative report is not intended to catalog all evidence obtained by the investigation, but only to provide a fair summary of that evidence. Only relevant evidence (including both inculpatory and exculpatory — i.e. tending to prove and disprove the allegations — relevant evidence) will be referenced in the investigative report. The Title IX Coordinator or designated Investigator may redact irrelevant information from the investigative report when that information is contained in documents or evidence that are otherwise relevant. 

Hearing  

General Rules of Hearings  

The University will not issue discipline arising from an allegation of Covered Sexual Harassment without holding a live hearing or acceptance of responsibility for Covered Sexual Harrassment by a Respondent in a Waiver to Live Hearing. 

The live hearing may be conducted with all Parties physically present in the same geographic location, or, at the request of either party, the University will provide for the live hearing to occur with the Parties located in separate rooms with technology enabling the Decision-maker and Parties to simultaneously see and hear the Parties or the witnesses answering questions. At the discretion of the University, any or all witnesses and other participants may appear at the live hearing virtually. At its discretion, the University may delay or adjourn a hearing based on technological errors not within a Party’s control.  

The Parties and their advisors remain subject to the applicable restrictions on the use and dissemination of evidence made available through this grievance process. 

Continuances or Granting Extensions  

The University may determine that multiple sessions or a continuance (i.e. a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, the University will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable. 

Newly Discovered Evidence 

As a general rule no new evidence or witnesses may be submitted during the live hearing. 

If a Party identifies new evidence or witnesses that were not reasonably available prior to the live hearing and could affect the outcome of the matter, the Party may request that such evidence or witnesses be considered at the live hearing.  

The Decision-maker will consider this request and make a determination regarding: 

1. whether such evidence or witness testimony was actually unavailable despite reasonable efforts prior to the hearing; and 
2. whether such evidence or witness testimony could affect the outcome of the matter. 

The Party offering the newly discovered evidence or witness has the burden of establishing these questions by the preponderance of the evidence. 

If the Decision-maker answers in the affirmative to both questions, then the Parties will be granted a reasonable pause in the hearing to review the evidence and/or prepare for questioning of the witness. 

Participants in the Live Hearing  

Live hearings are not public and the only individuals permitted to participate in the hearing are as follows:  

Complainant and Respondent (The Parties) 

• The Parties are not required to participate. 
• 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. 
• The University will not threaten, coerce, intimidate or discriminate against the Party in an attempt to secure the Party’s participation. 
• The Decision-maker cannot draw an inference about the determination regarding responsibility based solely on a Party’s absence from the live hearing or refusal to answer cross-examination or other questions. 
• The Respondent may waive their right to hearing and accept responsibility after reviewing the evidence and/or investigative report.  The process then shifts to determining sanction.     

The Decision-maker  

• The Decision-maker will serve as a hearing body consisting of one individual selected by the University that is not a member of the same bargaining unit as the Respondent or Complainant. 
• The Decision-maker will not also have served as the Title IX Coordinator, Investigator, or advisor to any Party in the case, nor may the Decision-maker serve on the appeals body in the case. 
• The Decision-maker will not have a conflict of interest or bias in favor of or against Complainants or Respondents generally, or in favor of or against the Parties to the particular case. 
• The Decision-maker will be trained on topics including how to serve impartially, issues of relevance, including how to apply the rape shield protections provided for Complainants, and any technology to be used at the hearing.  
• The Parties will have an opportunity to raise any objections regarding a Decision-maker’s actual or perceived conflicts of interest or bias at the commencement of the live hearing.  

Advisor of Choice 

• The Parties have the right to select an advisor of their choice, who may be, but does not have to be, an attorney. For employee Respondents, the advisor of choice may also be their union representative, if applicable, but it is not required to be.
• If a Party does not have an advisor present at the live hearing, the University will provide, without fee or charge to that Party, an advisor of the University’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that Party.
• The advisor of choice may accompany the Parties to any meeting or hearing they are permitted to attend, but may not speak for the Party, except for the purpose of cross-examination at a live hearing. 
• The Parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a Party does not select an advisor, the University will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at no fee or charge to the Party. 
• If a Party does not attend the live hearing, the Party’s advisor may appear and conduct cross-examination on their behalf. 
• If neither a Party nor their advisor appears at the hearing, the University will provide an advisor to appear on behalf of the non-appearing Party. 

Witnesses  

• Witnesses cannot be compelled to participate in the live hearing and have the right not to participate in the hearing free from retaliation. 

Hearing Procedures 

Title IX live hearings are not civil or criminal proceedings and are not designed to mimic formal trial proceedings. They are primarily administrative in nature, and the University will not permit any advisor or Decision-maker to question witnesses and Parties in an abusive, intimidating, or disrespectful manner. All Parties, advisors of choice, institutional staff and witnesses must treat others who are engaged in the process with respect. These standards apply equally to all Parties and their advisors regardless of sex, gender, or other protected class, and regardless of whether they are in the role of Complainant or Respondent. 

For all live hearings conducted, the Decision-maker will open and establish rules and expectations for the hearing. The Parties will each be given an opportunity to provide opening statements. Questioning of the Parties and witnesses will occur according to the procedures below.

Live Cross-Examination Procedure  

Each Party’s advisor will conduct live cross-examination of the other Party or Parties and witnesses. During this live cross-examination the advisor will ask the other Party or Parties and witnesses relevant questions and follow-up questions, including those challenging credibility directly, orally and in real time. Before any cross-examination question is answered, the Decision-maker will determine if the question is relevant and explain any decision to exclude a question as not relevant. Cross-examination questions that are duplicative of those already asked, including by the Decision-maker, may be deemed irrelevant if they have been asked and answered. 

If the Decision-maker determines that an advisor’s question is Relevant and not otherwise impermissible, then the question will be asked unless such question is unclear or harassing of the Party or witness being questioned. 

The Decision-maker must give an advisor an opportunity to clarify or revise a question that the Decision-maker has determined is unclear or harassing and, if the advisor sufficiently clarifies or revises a question so that it is no longer unclear or harassing, the question will be asked.

Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove Consent.

Rules of Decorum 

When a Party’s advisor is removed from a hearing due to violation(s) of the Rules of Decorum established by the University, the hearing will continue in the absence of that advisor. The Party may select a different advisor of their choice, or accept an advisor provided by the University for the limited purpose of cross-examination at the hearing. Reasonable delays, including the temporary adjournment of the hearing, may be anticipated should an advisor be removed. A Party cannot serve as their own advisor in this circumstance.  

Where an advisor asks a relevant question in a manner that violates the Rules, such as yelling, screaming, badgering, or leaning-in to the witness or Party’s personal space, the question may not be deemed irrelevant by the Decision-maker simply because of the manner it was delivered. Under that circumstance, the Decision-maker will notify the advisor of the violation of the Rules, and, if the question is Relevant, will allow the question to be re-asked in a respectful, non-abusive manner by the advisor (or a replacement advisor, should the advisor be removed for violation of the Rules). 

Review of Transcript/Recording  

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.

Determination Regarding Responsibility 

Standard of Proof 

The Responsdent is entitled to a presumption  of that they are not responsible for the alleged Covered Sexual Harassment unless and until a determination of Responsible is made at the end of this procedure. The University uses the preponderance of the evidence standard for investigations and determinations of responsibility at live hearing for Formal Complaints covered under this procedure. This means that the investigation and hearing determination is decided based on whether it is more likely than not that a violation of the procedure occurred. 

General Considerations for Evaluating Testimony and Evidence 

While the opportunity for cross-examination is required in all live hearings, determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual and digital evidence, as warranted in the reasoned judgment of the Decision-maker. 

The Decision-maker shall not draw inferences regarding a Party or witness’s credibility based on the Party or witness’s status as a Complainant, Respondent or witness, nor shall a Decision-maker base their judgments on stereotypes about how a Party or witness would or should act under the circumstances. 

Generally, credibility judgments should rest on the demeanor of the Party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence. 

Still, credibility judgments should not rest on whether a Party or witness’s testimony is non-linear or incomplete, or if the Party or witness is displaying stress or anxiety.  

The Decision-maker will afford the highest weight relative to other testimony to first-hand testimony by Parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e., tending to prove and disprove the allegations) evidence will be weighed in equal fashion. 

Except where specifically barred by the Title IX Final Rule, a witness’ testimony regarding third-party knowledge of the facts at issue will be allowed, but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred. 

The Decision-maker cannot draw an inference about the determination regarding responsibility based solely on a Party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

The Final Rule requires that the University allow Parties to call “expert witnesses,” character witnesses, and for the University to admit and allow testimony regarding polygraph tests and other procedures that are outside of standard use in academic and non-academic conduct processes. While these witnesses, testimony, and evidence are allowed by the Title IX Final Rule, the Decision-maker will be instructed to afford lower weight to such processes relative to the testimony of fact witnesses. 

Where a Party or witness’ conduct or statements demonstrate that the Party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the Decision-maker may draw an adverse inference as to that Party or witness’ credibility. 

Components of the Determination Regarding Responsibility 

The written Determination Regarding Responsibility will be issued simultaneously to all Parties through their University email accounts, or other reasonable means as necessary. The Determination will include: 

1. Identification of the allegations potentially constituting Covered Sexual Harassment; 
2. A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the Parties, interviews with Parties and witnesses, site visits, methods used to gather other evidence, and hearings held; 
3. Findings of fact supporting the determination; 
4. Conclusions regarding the application of the code of conduct or other applicable policy to the facts; 
5. For each allegation:
   1. A statement of, and rationale for, a determination regarding responsibility; and   
   2. A statement of, and rationale for, whether remedies designed to restore or preserve equal access to the University’s Education Program or Activity will be provided by the University to the Complainant; and
6. The University’s procedures and the permitted reasons for the Complainant and Respondent to appeal (described below in “Appeals”).  

Timeline of Determination Regarding Responsibility 

If there are no extenuating circumstances, the determination regarding responsibility will be issued by the University within ten (10) business days of the completion of the hearing. See below for information regarding next steps on employee Respondent discipline where there is a finding of responsibility.

Referral for Further Disciplinary Action

• For employees (including student employees, when appropriate) not in a collective bargaining unit: OEA will refer the matter to Employee and Labor Relations who may take such administrative action as they deem appropriate under their authority and any applicable employment contract, including but not limited to, termination, demotion, reassignment, suspension, reprimand, or training. 
• For employees in collective bargaining units: OEA may determine that sufficient information exists to refer the matter to Employee and Labor Relations for disciplinary action, or other action as may be appropriate under the applicable collective bargaining agreement. The potential outcomes may include, but are not limited to, reprimand, suspension, termination, training, fine, demotion, or informal or formal counseling.

Appeals 

Parties may appeal a dismissal of a Formal Complaint, any included allegation, or a determination regarding responsibility by submitting a written appeal to the University within five (5) calendar days after receiving the written decision. Appeals will be reviewed by the Appeals Panel, with the composition described below. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the proceedings and/or supporting documents. 

Such appeals shall be in writing and shall be delivered to the University. Each Party may appeal the dismissal of a Formal Complaint or any included allegations and/or a determination regarding responsibility on the following bases: 

1. Procedural irregularity that affected the outcome of the matter; 
2. 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; and 
3. The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

The other Party will be notified in writing when an appeal is filed, and the institution will implement appeal procedures equally for both Parties.

The Title IX Coordinator will administer the appeal process, including notifying the Parties, transmitting the appeal materials to the Appeals Panel, and coordinating applicable deadlines. The Title IX Coordinator will not participate in the Appeals Panel’s deliberations or decision. If an appeal alleges that the Title IX Coordinator has a conflict of interest or bias that affected the outcome, another qualified University official will administer the appeal process and appoint or coordinate the Appeals Panel, as appropriate. 

The Decision-maker(s) for the appeal will not be the same individuals as the Decision-maker(s) that reached the determination regarding responsibility or dismissal, the Investigator(s), or the Title IX Coordinator. 

Both Parties will be provided a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. 

Within fourteen (14) business days of receipt of all appeal materials, the University will issue a written decision describing the result of the appeal and the rationale for the result; and provide the written decision simultaneously to both Parties.

The submission of an appeal stays (or pauses) any sanctions for the pendency (or duration while the appeal is being deliberated and decided upon) of an appeal. Supportive Measures and remote learning opportunities remain available during the pendency of the appeal.

Composition of Panel

The Appeals Panel will review all appeals brought forward by either Party. It shall be composed of individuals who have been appointed by the University and have been trained in accordance with state and federal law. The Panel shall be trained annually on the Employee Title IX Grievance Processes and decision-making. 

In the event that a member of the Appeals Panel cannot hear the case or must recuse themselves, the University may appoint another panel member to review the case.  

For appeals involving a student Complainant, the Appeals Panel will consist of at least two individuals at the University. For appeals that involve an employee Complainant, the Appeals Panel will consist of one or more individuals at the University. In all instances, Appeals Panel members must be Management-Confidential or not part of the same collective bargaining unit as the Respondent or the Complainant. 

Finality 

The determination regarding responsibility becomes final on the date the University provides the Parties with the written determination of the appeal or, if no appeal is filed, on the date the opportunity to appeal expires.  

Retaliation

No person may intimidate, threaten, coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX. Complaints alleging Retaliation involving a student may be addressed under the University’s Student Code of Responsibility; complaints involving an employee may be referred to the University Human Resources Office.

Forms

Form A - Form for Reporting Allegations of Discrimination

Form B - Complaint of Discrimination (Including Allegations of Sexual Misconduct and Formal Complaints of Covered Sexual Harassment) Form

Form C  - Template for Memorandum Outlining Mutual Agreement Between Parties

Contact Information

Office of Equity and Access 

201 Administration Building

Stony Brook, NY 11794

(631) 632-6280

oea@stonybrook.edu

Marjolie Leonard

Assistant Vice President, Title VI, IX & ADA Coordinator

201 Administration Building

Stony Brook, NY 11794

(631) 632-6280

reportit@stonybrook.edu

Human Resource Services:

West Campus, Health Sciences, and School of Medicine

390 Administration Building

Stony Brook, NY 11794

(631) 632-6161

hrs_info@stonybrook.edu

Stony Brook University Hospital

31 Research Way, Suite 200

East Setauket, NY 11733

(631) 444-4700

SBUHHR@stonybrookmedicine.edu

Long Island State Veterans Home

100 Patriots Road

Stony Brook, NY 11790

(631) 444-8617

lisvhhr@stonybrook.edu

Student Accessibility Support Center  

Stony Brook Union, Suite 107

Stony Brook, NY 11794

(631) 632-6748

sasc@stonybrook.edu

Employee and Labor Relations:

West Campus and Health Sciences Center

291A Administration Building

Stony Brook, NY 11794

(631) 632-6140

hr_wc_laborrelations@stonybrook.edu

Stony Brook University Hospital

HSC Level 3, Room 040

Stony Brook, NY 11794

(631) 444-3780

sbuhhr@stonybrookmedicine.edu

Long Island State Veterans Home

100 Patriots Road

Stony Brook, NY 11790

(631) 444-8617

lisvhhr@stonybrook.edu

Office of Student Conduct and Community Standards

Stony Brook Union, Suite 209

Stony Brook, NY 11794

(631) 632-6705

communitystandards@stonybrook.edu

University Ombuds Office

137 Psychology B Building

Stony Brook, NY 11794

(631) 632-9200

ombuds@stonybrook.edu

Related Procedures

Stony Brook University Related Policies & Documents:

Stony Brook University Policy Manual

Equal Opportunity and Discriminatory Misconduct Policy

Sexual Misconduct & Reporting Policy

University Code of Student Responsibility

Office of Equity and Access Website

OEA Accessibility and Accommodations Website

OEA Equal Opportunity and Discrimination Website

OEA Sexual Misconduct and Title IX Website

ReportIt Website

SUNY Related Policies & Procedures

SUNY Policies on Sexual Violence Prevention and Response

Available on the Sexual Violence Prevention Workgroup website
Includes: Definition of Affirmative Consent, Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases, University Climate Assessment Policy, Sexual Violence Victim/Survivor Bill of Rights, Sexual Violence Response Policy, Options for Confidentially Disclosing Sexual Violence, and Student Onboarding and Ongoing Education Guide

SUNY Policy Doc. No. 6502, Equal Opportunity: Access, Employment and Fair Treatment in the State University of New York

SUNY Policy Doc. No. 6504, Policy on Mandatory Reporting and Prevention of Child Sexual Abuse

SUNY Procedure Doc. No. 6501 - Discrimination Complaint Procedure for Non-Title IX Discrimination and Title IX Discrimination (including Title IX sex-based harassment involving employee respondents)

SUNY Procedure Doc. No. 6503 - Sexual Orientation Nondiscrimination

SUNY Policy Doc. No. 6506 - Sexual and Romantic Relationship Policy

SUNY Policy Doc. No. 6507 - Sexual Harassment Response and Prevention Statement

SUNY Student Conduct Institute 

SUNY SAVR Resource

Authority

New York State Human Rights Law, available on the New York State Division of Human Rights website, or in PDF format from the same site.

Title IX of the Education Amendments of 1972, Federal Law

Title VI of the Civil Rights Act of 1964, Federal Law

Section 504 of the Rehabilitation Act of 1973, Federal Law

Section 1557 of the Patient Protection and Affordable Care Act, Federal Law

Title II of the Americans with Disabilities Act of 1990 (ADA), Federal Law

Title V of the Americans with Disabilities Act of 1990, Federal Law

Related guidance is available on the U.S. Department of Education Laws and Policy page and the U.S. Department of Health and Human Services Laws and Regulations page. 

The following federal employment discrimination laws enforced by the U.S. Equal Employment Opportunity Commission are available on the EEOC Laws page: 

• Title VII of the Civil Rights Act of 1964

• The Age Discrimination in Employment Act of 1967

• Title I of the Americans with Disabilities Act of 1990 (ADA)

• The Equal Pay Act of 1963

• The Pregnancy Discrimination Act

History

This document was updated and adopted in September 2026 to maintain alignment with the 2020 Title IX final regulations, incorporate procedures for Title IX Sexual Harassment complaints involving employee Respondents, and improve the efficiency and effectiveness of the process for addressing complaints.

Appendices

Appendix A - External Enforcement Agencies

Printable Discrimination Complaint Procedure