The Law States: No person in the United States shall, on the basis of sex, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination
under any education program or activity receiving Federal financial assistance - Title
20 U.S.C. section 1681
Affirmative consent is 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
the 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. NYS Education Law, art. 129B,
§6441
Stony Brook University is dedicated to providing a safe and welcoming educational
environment for our community free from all forms of sex and/or gender based discrimination,
including sexual violence.
We are confident that our sexual misconduct polices and process is fair, impartial
and provides students with an opportunity to be heard. We have also created a Title
IX Grievance Process that complies with the requirements of regulations effective
August 14, 2020. We believe strongly in the progress we have made to raise awareness
and help prevent sexual assault and gender-based violence including bystander intervention
initiatives. We will continue to be proactive in communicating and educating around
the prevention of gender based violence and to offer support and services for victims
of sexual assault.
Even though appointment is not required, it is strongly encouraged to set aside the
appropriate time to listen to any reports or concerns.
Parties (Reporting Individuals / Respondents)
No. Our investigator is a university official charged with determining the likelihood
that there was a violation of the Code of Student Responsibility or the University
Policy Manual. Any questions regarding whether there was a violation of the penal
law should be directed to police or the district attorney.
Also note that criminal investigations utilize different standards of proof than our
investigation. Preserving evidence and obtaining a forensic examination in certain
cases, such as sexual assault, may be crucial if you wish to pursue a criminal investigation
No, but you are strongly encouraged to do so. If you feel like you are facing an immediate
threat or harm, you absolutely should report to the police.
Stony Brook University does not contact law enforcement regarding reported or on-going
investigations unless it is determined that the facts reported represent an on-going
threat to the wider community. However, every complainant or reporting individual
has the right to contact local law enforcement or state police to report any crime
or to inquire if any particular incident is a violation of the penal law.
At the initial stage you will meet with a university official who will investigate
the allegations. Following that meeting the investigator will contact the Respondent(s)
or any other persons identified as witnesses. In addition the investigator will review
any evidence submitted by you, other persons or available through other means.
If the evidence supports the allegation(s, a Notice of Charges is prepared stating
the alleged violations. The Notice of Charges includes a Waiver of Administrative
Hearing outlining the sanction if the Respondent accepts responsibility for the alleged
conduct. Unless this waiver is accepted the matter is forwarded to the Hearing Board.
No. Students have the right to request reasonable accommodations to prevent on-going
Title IX discrimination or to address any personal safety issue regardless of whether
they decide to file a complaint or participate in any resulting investigation.
Generally, Stony Brook does not inform parents of any student’s involvement in Title
IX investigation or case without the student’s permission. We do, however, encourage
students to seek support from family and/or friends. In certain extraordinary circumstances,
such as where a health or safety emergency exists, parents may be informed.
Students filing complaints, witnesses or bystanders reporting or participating in
good faith in the investigation of these cases will not be charged with violations
of the alcohol or drug policy. Please see the Amnesty policy (VII.C.3) in the Code
of Student Responsibility.
Not unless it is necessary. We make every effort to respect the privacy of all parties,
including witnesses, to any investigation. The nature of inquiry, however, may require
that we divulge some information in order to be able to complete the investigation.
The fact that a student reported a complaint or participated in or were the subject
of an investigation will not be reflected on anyone’s record or transcript. Student’s
found responsible for code violations that include violent acts will have a notation
on their transcript.
Stony Brook will take prompt steps to protect everyone in the Stony Brook community.
Interim measures taken prior to completion of the process and any resulting disciplinary
sanctions must take this goal into account. The respondent may be issued an interim
suspension pending the outcome of the hearing process if they are determined to present
a continuing threat to the health and safety of the community. If the respondent is
found responsible following a Hearing Panel, suspension or expulsion are possible
sanctions. Whether or not to impose these or any other sanctions will be determined
after taking into consideration all relevant factors.
No. A complaint can be filed at any time. Note, however that the more time lapses
between the incident and the investigation the more difficult it will be for the investigator
to obtain complete and accurate witness statements and other information to address
the complaint.
Absent extenuating circumstances, review and resolution is expected to take place
within ninety (90) calendar days from University’s receipt of the complaint. The preliminary
review of all complaints, including any necessary interviews/investigations and interim
measures, will usually be completed within thirty (30) calendar days of receipt of
the complaint. The subsequent, comprehensive review and investigation of the complaint,
including interviews and the gathering of evidence, is usually completed within ninety
(90) calendar days from receipt of the complaint.
Stony Brook University will comply with law enforcement requests for cooperation,
which may require the Office of University Community Standards and other University
offices to temporarily suspend the fact‐finding aspect of a Title IX‐related investigation
while the law enforcement agency is in the process of gathering evidence. Temporary
delays should not last more than ten (10) days except when law enforcement specifically
requests and justifies a longer delay.
Both the complainant and the respondent have the right to request a review of the
implementation or denial of any interim measure, including the right to present evidence
and make an impact statement.
Retaliation by anyone, including family and friends of the accused or the complainant,
against anyone for their role in an investigation, whether as complainant or witness,
is a violation of the Student Conduct Code and University Policy Manual. If you
feel you have been the victim of retaliation, please contact the Office of Institutional
Diversity and Equity and/or the Office of University Community Standards.
Complainants have the right to withdraw the complaint at any time, to refuse consent
to or participate in any investigation. Note, however that the Title IX Coordinator
must weigh this right against the potential risk of harm to the Complainant or to
the larger community. Also we must feel confident that the Complainant’s decision
to withdraw was voluntary and not influenced by any pressure or intimidation. It is
important that a Complainant understand that if we proceed without the Complainant’s
participation, their failure to participate in any investigation may limit Stony Brook’s
ability to purse a conduct charge against the accused.
Stony Brook investigations into sexual misconduct allegations are conducted in a fair
and impartial manner. Statements of the respondent, complainant, any witnesses or
bystanders and any and all other available evidence or information, will be weighed
to determine if reasonable cause for conduct charges exists. Note that intentionally
making false statements in the course of an investigation is a violation of the Student
Conduct Code.
Witnesses
If you have been contacted one or more individuals identified you as a witness in
an investigation. OEA is contacting you to ask you to provide factual information
about the incident or incidents in question.
Your role is only to objectively relay waht you witnessed or experienced, not to advocate
for any party involved.
You can request that your name not be disclosed however the Title IX Coordiantor may
not be able to honor this request. Both the complainant and the respondent may have
a right to question or challenge any information you provide at the hearing.
You can bring one support person with you to your interview with the investigator.
If a case proceeds to hearing you may be called to appear as a witness at the hearing.
The appearance will generally be at the request of one or both of th parties to the
case. One or both of the parties may ask you questions about the incident or about
the information you provided to the investigator.
Retaliation against any individual who participates in any OEA investigation is prohibited
by law and Stony Brook Univesrity policy. If you are subjected to retaliation, please
contact OEA immediately at www.stonybrook.edu/reportitor 631.632.6280.
Any evidence relevant to the investigation should be provided to the investigator.
While parties to investigations are notified of the outcome of cases, witnesses are
not. You may not ever know the outcome. This is because OEA priortizes the privacy
of all of the parties.
You have the right to make a report to University Police, local law enforcement and/or
state police or choose not to report; to report the incident to the University, to
be protected by the University from retaliation for reporting an incident; and to
receive assistance and resources from the University.
N.Y. Educ. Law 129-B §6444
Stony Brook offices and employees who cannot guarantee confidentiality will maintain
your privacy to the greatest extent possible. The information you provide to a non-confidential
resource will be relayed only as necessary for the Title IX Coordinator to investigate
and/or seek a resolution.
N.Y. Educ. Law § 129-B §6446
At Stony Brook University, we value all students, employees, and job candidates as
unique individuals, and we welcome the variety of experiences they bring to our institution.
As such, we have a strict non-discrimination policy. It is the policy of Stony Brook
University not to discriminate on the basis of race, color, national origin, religion,
sex, pregnancy, familial status, sexual orientation, gender identity or expression,
age, genetic information, disability, protected veteran status, or any other characteristic
protected by law.
