Title IX Grievance Policy and Procedure

Title IX of the Educational Amendments of 1972 prohibits any person in the United States from being  discriminated against on the basis of sex in seeking access to any educational program or activity  receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has  long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms  of sexual harassment and sexual violence that interfere with a student’s ability to equally access our  educational programs and opportunities. 

On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education  Amendments of 1972 that: 

• Defines the meaning of “sexual harassment” (including forms of sex-based violence) • Addresses how this University must respond to reports of misconduct falling within that  definition of sexual harassment, and 
• Mandates a grievance process that this University must follow to comply with the law in these  specific covered cases before issuing a disciplinary sanction against a person accused of sexual  harassment. 

See, 85 Fed. Reg. 30026 (May 19, 2020). The full text of the Final Rule and its extensive Preamble are  available here: http://bit.ly/TitleIXReg 

Based on the Final Rule, Stony Brook University will implement the following Title IX Grievance Policy,  effective August 14, 2020.  

In recent years, “Title IX” cases have become a short-hand for any campus disciplinary process involving  sex discrimination, including those arising from sexual harassment and sexual assault. But under the  Final Rule, Stony Brook University must narrow both the geographic scope of its authority to act under  Title IX and the types of “sexual harassment” that it must subject to its Title IX investigation and  adjudication process. Only incidents falling within the Final Rule’s definition of sexual harassment will be  investigated and, if appropriate, brought to a live hearing through the Title IX Grievance Policy defined  below. 

Stony Brook University remains committed to addressing any violations of its policies, even those not  meeting the narrow standards defined under the Title IX Final Rule. 

Specifically, our campus has:  

• Code of Student Responsibility that defines certain behavior as a violation of campus policy,  and a separate Sexual Misconduct & Reporting Policy that addresses the types of sex-based offenses  constituting a violation of campus policy, and the procedures for investigating and adjudicating  those sex-based offenses.  

To the extent that alleged misconduct falls outside the Title IX Grievance Policy, or misconduct falling  outside the Title IX Grievance Policy is discovered in the course of investigating covered Title IX  misconduct, the University retains authority to investigate and adjudicate the allegations under the  policies and procedures defined within the Code of Student Responsibility or Complaint Procedure for  Allegations of Discrimination.  

The elements established in the Title IX Grievance Policy under the Final Rule have no effect and are not  transferable to any other policy of the College for any violation of the Code of Student Responsibility,  employment policies, or any civil rights violation except as narrowly defined in this Policy. This Policy  does not set a precedent for other policies or processes of the University and may not be cited for or  against any right or aspect of any other policy or process.  

Our existing Title IX office and reporting structure remains in place. What has changed is the way our  Title IX office will handle different types of reports arising from sexual misconduct, as detailed in full  throughout Section 2. 

a. Effective Date

This Title IX Grievance Policy will become effective on August 14, 2020 and will only apply to formal  complaints of sexual harassment that occurred on or after August 14, 2020. Complaints regarding  incidents occurring prior to August 14, 2020, will be investigated and adjudicated according to the  Sexual Misconduct Policy and Procedure detailed in the Code of Student Responsibility or the Complaint  Procedure for Allegations of Discrimination. 

b. Revocation by Operation of Law

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 policy, this policy, or the invalidated elements of this policy, will be deemed revoked as of the  publication date of the opinion or order. 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, 

shall also be revoked. Should the Title IX Grievance Policy be revoked in this manner, any conduct  covered under the Title IX Grievance Policy shall be investigated and adjudicated under the existing  Code of Student Responsibility or Complaint Procedure for Allegations of Discrimination. 

c. Non-Discrimination in Application

The requirements and protections of this policy apply equally regardless of sex, sexual orientation,  gender identity, gender expression, or other protected classes covered by 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 the University’s  policy or process may contact the Department of Education’s Office for Civil Rights.

d. No Conflict of Interest

The Title IX Coordinator or designee, or any investigator, decision-maker, or any person designated to facilitate an Informal Resolution Process, shall not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.  If  a conflict of interest is alleged, the designee, or any investigator, decision-maker, or any person designated to facilitate an Informal Resolution Process should inform the Title IX Coordinator immediately so that an alternate individual can be appointed.  If a conflict of interest is alleged with regard to  the  Title IX Coordinator, the Title IX Coordinator will inform the Vice President for Student Affairs so that an alternate designee can be appointed.   

a. Covered Sexual Harassment

For the purposes of this Title IX Grievance Policy, “covered sexual harassment” includes any conduct on  the basis of sex that satisfies one or more of the following:  

1. An employee conditioning educational benefits on participation in unwelcome  sexual conduct (i.e., quid pro quo);  
2. Unwelcome conduct that a reasonable person would determine is so severe,  pervasive, and objectively offensive that it effectively denies a person equal access  to the University’s education program or activity;  
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; 
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; (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), which  includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under New York domestic or family violence laws or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family 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 under  the Code of Student Responsibility. 

b. Consent

For the purposes of this Title IX Grievance Policy, “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. 

c. Education Program or Activity

For the purposes of this Title IX Grievance Policy, Stony Brook University “education program or activity”  includes: 

• Any on-campus premises 
• Any off-campus premises that Stony Brook University has substantial control over. This includes  buildings or property owned or controlled by a recognized student organization. • Activity occurring within computer and internet networks, digital platforms, and computer  hardware or software owned or operated by, or used in the operations of Stony Brook  University’s programs and activities over which Stony Brook University has substantial control. 

d. Formal Complaint

For the purposes of this Title IX Grievance Policy, “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, or signed by the Title IX Coordinator, alleging sexual  harassment against a respondent about conduct within a Stony Brook University education program or  activity and requesting initiation of the procedures consistent with the Title IX Grievance Policy to  investigate the allegation of sexual harassment.  

e. Complainant  

For the purposes of this Title IX Grievance Policy, Complainant means any individual who has reported  being or is alleged to be the victim of conduct that could constitute covered sexual harassment as  defined under this policy. 

f. Relevant evidence and questions

“Relevant” evidence and questions refers to any questions and evidence that tends to make an  allegation of sexual harassment more or less likely to be true.

“Relevant” evidence and questions do not include the following types of evidence and questions, which  are deemed “irrelevant” at all stages of the 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, unless the privilege is waived.. 
• Any party’s medical, psychological, and similar records unless the party has given voluntary,  written consent.  

g. Respondent

For the purposes of this Title IX Grievance policy, Respondent means any individual who has been  reported to be the perpetrator of conduct that could constitute covered sexual harassment as defined  under this policy.

h. Privacy vs. Confidentiality

Consistent with the Code of Student Responsibility references made to confidentiality refer to the ability  of identified confidential resources to not report crimes and violations to law enforcement or college  officials without permission, except for extreme circumstances, such as a health and/or safety  emergency or child abuse. References made to privacy mean Stony Brook University offices and  employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent  possible, and information disclosed 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. Stony Brook University will limit the disclosure as much as practicable,  even if the Title IX Coordinator determines that the request for confidentiality cannot be honored. 

i. Disability Accommodations

This Policy does not alter any obligations of the University under federal disability laws including the  Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may  request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point  before or during the Title IX Grievance Process that do not fundamentally alter the Process. The Title IX  Coordinator 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. 

a. Any person may report sex discrimination, including 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 Title IX Coordinator, or by any other means that results  in the Title IX Coordinator receiving the person’s verbal or written report.  

Contact Information for the Title IX Coordinator: 

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 for the Title IX Coordinator. 

b. Confidential Reporting

The following Officials provide confidentiality: 

• Counseling and Psychological Services (CAPS) 
• Center for Prevention and Outreach 
• SANE Program (Sexual Assault Nurse Examiner) 
• Student Health Services 

The following Officials will provide privacy, but not confidentiality, upon receiving a report of conduct  prohibited under this policy: 

• Title IX Coordinator, Title IX Investigator, or designee 
• The Office of Equity and Access 
• The Office of Student Conduct and Community Standards  
• Human Resources  
• Labor Relations 
• Responsible Employees:  

• • Senior Administrators (Directors and above and in the hospital, Nurse Managers and  above) 
  • Chairs of Academic Department 
  • Supervisors
  • Ombudsmen 
  • Assistant/Associate Directors in Campus Residences 
  • Residence Hall Directors 
  • Athletics Coaching Staff 
  • University Recognized Sport Club Coaches 
  • Deputy Title IX Coordinators  
  • Academic Faculty Members 
  • Professional Staff In: 

• • • Academic Advisement 
    • Career Services 
    • Continuing Education 
    • Financial Aid 
    • Instructional Support 
    • Athletics 
    • Residential Life 
    • Student Activities or Student Affairs 

a. Supportive Measures

Complainants and Respondents(as defined above), who report or respond to  allegations that could constitute covered sexual  harassment under this policy, have the right to receive supportive measures from Stony Brook  University regardless of whether they desire to file a complaint. Supportive measures are non-disciplinary and non-punitive.  The Title IX Coordinator or designee will promptly contact parties regarding the availability of supportive measures.

As appropriate, supportive measures may include, but not be limited to: 

• Counseling 
• extensions of deadlines or other course-related adjustments 
• modifications of work or class schedules 
• campus walk service 
• restrictions on contact between the parties (no contact orders) 
• changes in work or housing locations 
• leaves of absence
• increased security and monitoring of certain areas of the campus

b. Emergency Removal

Stony Brook University retains the authority to remove a respondent from Stony Brook University’s  program or activity on an emergency basis, where Stony Brook University (1) undertakes an  individualized safety and risk analysis and (2) determines that an immediate threat to the physical health  or safety of any student or other individual arising from the allegations of covered sexual harassment  justifies a removal.

If Stony Brook University determines such removal is necessary, the respondent will be provided notice  and an opportunity to challenge the decision immediately following the removal. Details on emergency  removals (Interim Suspension) can be found in Section II.1 of the Code of Student Responsibility. 

c. Administrative Leave

Stony Brook University retains the authority to place a non-student employee respondent on  administrative leave during the Title IX Grievance Process, consistent with the applicable collective  bargaining agreement. 

a. Filing a Formal Complaint

The timeframe for the Title IX Grievance Process begins with the filing of a Formal Complaint. The  Grievance Process will be concluded within a reasonably prompt manner, and no longer than ninety (90)  calendar days 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.  The Title IX Coordinator, Investigator or designee may provide the parties with written notice extending the investigation and explaining the reason for the extension or delay when applicable.  The procedure for applying for extensions is described below. 

To file a Formal Complaint, a complainant must provide the Title IX Coordinator or designee a written,  signed complaint describing the facts alleged. Complainants are only able to file a Formal Complaint  under this Policy if they are currently participating in, or attempting to participate in, the education  programs or activities of Stony Brook University including as an employee. For complainants who do not  meet this criteria, the University may utilize existing policy procedures detailed in the Code of Student  Responsibility or the Complaint Procedure for Allegations of Discrimination. 

If a complainant does not wish to make a Formal Complaint, the Title IX Coordinator may determine a  Formal Complaint is necessary. Stony Brook University will inform the complainant of this decision in  writing, and the complainant need not participate in the process further but will receive all notices  issued under this Policy and Process. 

Nothing in the Title IX Grievance Policy or Code of Student Responsibility prevents a complainant from  seeking the assistance of state or local law enforcement alongside the appropriate on-campus process. 

b. Informal Resolution

A complainant who files a Formal Complaint may elect, at any time, to address the matter through the  Institution’s Informal Resolution Process, except in cases where informal resolution is prohibited by law or policy. Informal Resolution is not available for allegations involving employee-on-student sexual harassment, or for NYS Education Law §129-B covered cases of sexual assault, dating violence, domestic violence, or stalking involving a student complainant

All Parties to a Formal Complaint must agree to enter the  Informal Resolution Process through an informed written consent. The Informal Resolution Process  will be concluded within a reasonably prompt manner, and no longer than ninety (90)  calendar days 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.

The Title IX Coordinator, Investigator or designee may provide the parties with written notice extending the investigation and explaining the reason for the extension or delay when applicable.  The procedure for applying for extensions is described below. 

c. Multi-Party Situations

The institution may consolidate Formal Complaints alleging covered sexual harassment against more  than one respondent, or by more than one complainant against one or more respondents, or by one  party against the other party, where the allegations of covered sexual harassment arise out of the same  facts or circumstances.  

d. Determining Jurisdiction

The Title IX Coordinator or designee will determine if the instant Title IX Grievance Process should apply  to a Formal Complaint. The Process 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 Stony Brook University’s education program or  activity; and 
4. The alleged conduct, if true, would constitute covered sexual harassment as defined in this  policy. 

If all of the elements are met, Stony Brook University will investigate the allegations according to the  Title IX Grievance Process.  

e. Allegations Potentially Falling Under Two Policies

If the alleged conduct, if true, includes conduct that would constitute covered sexual harassment and  conduct that would not constitute covered sexual harassment, the Title IX Grievance Process will be  applied in the investigation and adjudication of all of the allegations.  

f.  Mandatory Dismissal

If any one of these elements are not met, the Title IX Coordinator or designee will notify the parties that  the Formal Complaint is being dismissed for the purposes of the Title IX Grievance Policy. Each party  may appeal this dismissal using the procedure outlined in “Appeals,” below.  

g. Discretionary Dismissal

The Title IX Coordinator or designee may dismiss a Formal Complaint brought under the Title IX  Grievance Policy, 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 enrolled or employed by Stony Brook University; or,
• If specific circumstances prevent Stony Brook University from gathering evidence sufficient to  reach a determination regarding the Formal Complaint or allegations within the Formal  Complaint. 

Any party may appeal a dismissal determination using the process set forth in “Appeals,” below.

h. Notice of Dismissal

Upon reaching a decision that the Formal Complaint will be dismissed, the institution 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 institutional  email accounts. It is the responsibility of parties to maintain and regularly check their email accounts. 

i.  Notice of Removal

Upon dismissal for the purposes of Title IX, Stony Brook University retains discretion to determine if a  violation of the Code of Student Responsibility or the Complaint Procedure for Allegations of  Discrimination has occurred. If so, Stony Brook University will promptly send written notice of the  dismissal of the Formal Complaint under the Title IX Grievance Process and removal of the allegations to  the appropriate conduct process. 

j.  Notice of Allegations

The Title IX Coordinator or designee will draft and provide the Notice of Allegations to each party to the  allegations of sexual harassment. Such notice will occur as soon as practicable, after the University  receives a Formal Complaint of the allegations, if there are no extenuating circumstances. 

The parties will be notified by 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 must be dismissed on  the mandatory grounds identified above, and will issue a Notice of Dismissal. If such a determination is  made, each 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. 

k. Contents of Notice

The Notice of Allegations will include the following: 

• Notice of the University’s Title IX Grievance Process (including information on the informal  resolution process) and a hyperlink (or hard copy if Notice cannot be sent by email) 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 the grievance process. • 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, as required under 34  C.F.R. § 106.45(b)(5)(vi); 

• A statement that prohibits knowingly making false statements or knowingly submitting false  information during the grievance process as detailed in Section III.6 of the Code of Student  Responsibility. 

l.  Ongoing Notice

If, in the course of an investigation, the University decides to investigate allegations about the  complainant or respondent that are not included in the Notice of Allegations and are otherwise covered  "sexual harassment” falling within the Title IX Grievance Policy, the University will notify the parties  whose identities are known of the additional allegations by their University 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 charges. 

m. Advisor of Choice and Participation of Advisor of Choice

Stony Brook University will provide the parties equal access to advisors and support persons; any  restrictions on advisor participation will be applied equally. 

Stony Brook University has a long-standing practice of requiring students to participate in the process  directly and not through an advocate or representative. Students participating as Complainant or  Respondent in this process 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 Policy, as consistent with the Final Rule, Advisors of Choice shall not participate  directly in the process as per standard policy and practice of Stony Brook University.  

Stony Brook University will not intentionally schedule meetings or hearings on dates where 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.  

Stony Brook University’s obligations to investigate and adjudicate in a prompt timeframe under Title IX  and other college policies apply to matters governed under this Policy, and Stony Brook 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. Stony Brook University will not be obligated to delay a meeting or hearing under this process more than five (5) 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 Stony Brook University. 

n. Notice of Meetings and Interviews

Stony Brook 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. Parties will also be  informed that any statements made, or evidence provided to a non-confidential individual (as detailed  in VIII.B.3.b.) may be used throughout the Title IX grievance process. 

o. Delays

Each party may request a one-time delay in the Grievance Process of up to five (5) days for good cause  (granted or denied in the sole judgment of the Title IX Coordinator, Director of Student Conduct and  Community Standards or designee) provided that the requestor provides reasonable notice and the  delay does not overly inconvenience other parties.  

The Title IX Coordinator, Investigator or designee may provide the parties with written notice extending the investigation and explaining the reason for the extension or delay when applicable.

For example, a request to take a five day pause made an hour before a hearing for which multiple  parties and their advisors have traveled to and prepared for shall generally not be granted, while a  request for a five day pause in the middle of investigation interviews to allow a party to obtain certain  documentary evidence shall generally be granted.  

The Title IX Coordinator, Director of Student Conduct and Community Standards or designee shall have sole judgment to grant further pauses in the Process.

a. General Rules of Investigations

After issuing the Notice of Allegations, the Title IX Coordinator and/or an investigator designated by the  Title IX Coordinator will perform an investigation under a reasonably prompt timeframe of the conduct  alleged to constitute covered sexual harassment.  

Stony Brook University and not the parties, has the burden of proof and the burden of gathering  evidence, i.e. the responsibility of showing a violation of this 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 Stony Brook University and does not indicate responsibility.  

Stony Brook University cannot access, consider, or disclose medical records without a waiver from the  party (or parent, if applicable) to whom the records belong or of whom the records include information.  Stony Brook University will provide an equal opportunity for the parties to present 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. 

Neither party is restricted from i discussing the allegations under investigation or to gather and present relevant evidence.

b. 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. The purpose of the inspection and review  process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to  conclusion of the investigation. 

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

1. Evidence that is relevant, even if that evidence does not end up being relied upon by the University 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. 

All parties must submit any evidence they would like the investigator to consider prior to when the  parties’ time to inspect and review evidence begins.  

The institution will send the evidence made available for each party and each party’s advisor, if any, to  inspect and review (through an electronic format or a hard copy). Stony Brook 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. 

The parties will have ten (10) calendar days to inspect and review the evidence and submit a written  response by email to the investigator. After the ten (10) calendar day review and response period, the  investigator will not be required to accept a late submission. The investigator will consider the parties’  written responses before completing the Investigative Report. After reviewing the parties’ written  responses, the investigator may provide the parties’ with written notice extending the investigation and  explaining the reason for the extension.  

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

The parties and their advisors must sign an agreement not to disseminate any of the evidence subject to  inspection and review, not to photograph or otherwise copy the evidence or use such evidence for any  purpose unrelated to the Title IX grievance process.  

c. Inclusion of Evidence Not Directly Related to the Allegations

Evidence obtained in the investigation that is determined in the reasoned judgment of the investigator  not to be directly related to the allegations in the Formal Complaint will not be disclosed, or may be appropriately redacted before the parties’ inspection to avoid disclosure of personally identifiable  information of a student. Any evidence obtained in the investigation that is kept from disclosure or  appropriately redacted will be documented in a “privilege log” that may be reviewed by the parties and  their advisors.  

d. Investigative Report

The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will create an  Investigative Report that fairly summarizes relevant evidence, and will provide that Report to the parties  at least ten (10) calendar days prior to the hearing in an electronic format or a hard copy for each party’s  review and written response. 

The Investigative Report is not intended to catalog all evidence obtained by the investigator, 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 investigator may redact irrelevant information from the Investigative Report when that information  is contained in documents or evidence that is/are otherwise relevant.  

a. General Rules of Hearings

Stony Brook University will not issue a disciplinary sanction arising from an allegation of covered sexual  harassment without holding a live hearing unless otherwise resolved through the University’s informal  resolution process. 

The live hearing may be conducted with all parties physically present in the same geographic location,  or, at Stony Brook University’s discretion, any or all parties, witnesses, and other participants may  appear at the live hearing virtually through Zoom or any other acceptable digital platform. This  technology will enable participants simultaneously to see and hear each other. At its discretion, Stony  Brook University may delay or adjourn a hearing based on technological errors not within a party’s  control.  The Title IX Coordinator, Investigator or designee may provide the parties with written notice extending the hearing and explaining the reason for the extension or delay when applicable.

All proceedings will be recorded through audio recording.  

Prior to obtaining access to any evidence, the parties and their advisors must sign an agreement not to  disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or  evidence for any purpose unrelated to the Title IX Grievance Process. Once signed, this Agreement may  not be withdrawn.

b. Continuances or Granting Extensions

Stony Brook 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, Stony Brook  University will notify all participants and endeavor to accommodate all participants’ schedules and  complete the hearing as promptly as practicable. 

c. 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 cannot waive the right to a live hearing. 
• The University may still proceed with the live hearing in the absence of a party, and may reach a  determination of responsibility in their absence,  
• Stony Brook 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 parties shall be subject to the institution’s Rules of Decorum.

The Decision-maker

• The hearing body will consist of a single decision maker (the Hearing Officer). 
•  The Hearing Officer will not have served as the Title IX Coordinator, Title IX investigator, or  advisor to any party in the case, nor may any member of the hearing body serve on the appeals  body in the case. 
• The Hearing Officer will not have a conflict of interest or bias in favor of or against complainants  or respondents generally, or in favor or against the parties to the particular case. 
• The Hearing Officer 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 the Hearing Officer’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.  
• 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  • 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.
• The advisor is not prohibited from having a conflict of interest or bias in favor of or against  complainants or respondents generally, or in favor or against the parties to the particular case. • The advisor is not prohibited from being a witness in the matter. 
• 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 appear at the hearing, Stony Brook University will provide an  advisor to appear on behalf of the non-appearing party.  
  • The advisors shall be subject to the University’s Rules of Decorum

Witnesses

• Witnesses cannot be compelled to participate in the live hearing, and have the right not to  participate in the hearing free from retaliation. 
• Witnesses shall be subject to the University’s Rules of Decorum.  [https://www.stonybrook.edu/commcms/oea-sm-tix/titleix/decorum-rules.php] 

Other University Personnel

• Other University Personnel, including but not limited to a representative from the Stony Brook  University Office of General Counsel, a representative from the Office of Student Conduct and  Community Standards, and the Title IX Investigator, may also be present for the hearing.  

d. Hearing Procedures

For all live hearings conducted under this Title IX Grievance Process, the procedure will be as follows: 

• Hearing Officer will open and establish rules and expectations for the hearing; • The Parties will each be given the opportunity to provide opening statements;  • The Hearing Officer will ask questions of the Parties and Witnesses;  
• Parties will be given the opportunity for live cross-examination after the Hearing Officer  conducts its initial round of questioning; During the Parties’ cross-examination, the Hearing  Officer will have the authority to pause cross-examination at any time for the purposes of asking  the Hearing Officer’s own follow up questions; and any time necessary in order to enforce the  established Rules of Decorum. 
• Should a Party or the Party’s Advisor choose not to cross-examine a Party or Witness, the Party  shall affirmatively waive cross-examination through a written or oral statement to the Hearing  Officer. A Party’s waiver of cross-examination does not eliminate the ability of the Hearing  Officer to use statements made by the Party. 
• After all parties and witnesses have presented statements and all questioning has been  completed, closing statements are made first by the Respondent(s), then by the Complainant(s).  Closing statements are intended to summarize the information previously introduced during the  investigation process and hearing. During this time, both parties may also provide an impact  statement on how the incident/allegation has affected their University experience. No  questioning is allowed during or after closing statements. 

E. 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 Hearing Officer will determine if the question is  relevant . Cross-examination  questions that are duplicative of those already asked, including by the Hearing Officer may be deemed  irrelevant if they have been asked and answered. 

f. Review of Audio Recording

The audio recording of the hearing will be available for review by the parties subsequent to issuance of  the determination. The recording of the hearing will not be provided to parties or advisors of choice but will be available for review upon request.

a. Standard of Proof

Stony Brook University uses the preponderance of the evidence standard for investigations and  determinations regarding responsibility of formal complaints covered under this Policy. This means that  the investigation and hearing determine whether it is more likely than not that a violation of the Policy  occurred. 

b. General Considerations for Evaluating Testimony and Evidence

Determinations regarding responsibility may be based in part, or entirely, on the objective evaluation of all relevant documentary, audiovisual,  and digital evidence, as warranted in the reasoned judgment of the Hearing Officer. 

The Hearing Officer shall not draw inferences regarding a party or witness’ credibility based on the party  or witness’ status as a complainant, respondent, or witness, nor shall it base its judgments in  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’ testimony is non-linear or  incomplete, or if the party or witness is displaying stress or anxiety.  

The Hearing Officer 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 Final Rule requires that Stony Brook University allow parties to call “expert witnesses” for direct and  cross examination. Stony Brook University does not provide for expert witnesses in other proceedings.  While the expert witness will be allowed to testify and be cross examined as required by the Final Rule,  the decision-maker will be instructed to afford lower weight to non-factual testimony of the expert  relative to fact witnesses, and any expert testimony that is not directed to the specific facts that  occurred in the case will be afforded lower weight relative to fact witnesses, regardless of whether the  expert witness testimony is the subject of cross examination and regardless of whether all parties  present experts as witnesses. 

The Final Rule requires that Stony Brook University allow parties to call character witnesses to testify.  While the character witnesses will be allowed to testify and be crossed as required by the Final Rule, the  decision-maker will be instructed to afford very low weight to any non-factual character testimony of  any witness. 

The Final Rule requires that Stony Brook University admit and allow testimony regarding polygraph tests  (“lie detector tests”) and other procedures that are outside of standard use in academic and non academic conduct processes. While the processes and testimony about them will be allowed to testify  and be cross examined as required by the Final Rule, the Hearing Officer 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 Hearing Officer  may draw an adverse inference as to that party or witness’ credibility. 

c. Components of the Determination Regarding Responsibility

The written Determination Regarding Responsibility will be issued simultaneously to all parties through  their University email account, 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; 
2. Conclusions regarding which policies if any, the respondent has or has not violated. 5. For each allegation: 
3. A statement of, and rationale for, a determination regarding responsibility;
4. A statement of, and rationale for, any disciplinary sanctions (possible sanctions for  student respondents are detailed in Section V. of the Code of Student Responsibility) the  University imposes on the respondent; and  
5. 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  recipient to the complainant; and 
6. The University’s procedures and the permitted reasons for the complainant and respondent to  appeal (described below in “Appeal”).  

d. Timeline of Determination Regarding Responsibility

If there are no extenuating circumstances, the determination regarding responsibility will be issued by  Stony Brook University within ten (10) business days of the completion of the hearing.  

e. Finality

The determination regarding responsibility becomes final either on the date that the University provides  the parties with the written determination of the result of the appeal, if an appeal is filed consistent  with the procedures and timeline outlined in “Appeals” below, or if an appeal is not filed, the date on  which the opportunity to appeal expires.  

Each party may appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a  determination regarding responsibility. To appeal, a party must submit their written appeal within seven  (7) calendar days of being notified of the decision, indicating the grounds for the appeal. 

The limited grounds for appeal available are as follows: 

• Procedural irregularity that affected the outcome of the matter (i.e. a failure to follow the  University’s own procedures); 
• New evidence that was not reasonably available at the time the determination regarding  responsibility or dismissal was made, that could affect the outcome of the matter; • The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for  or against an individual party, or for or against complainants or respondents in general, that  affected the outcome of the matter. 
• The sanction(s) imposed is/are disproportionate in relation to the student’s conduct records  and/or the nature of the violation. 

The submission of appeal stays any sanctions for the pendency of an appeal. Supportive remain  available during the pendency of the appeal. 

If a party appeals, the University will as soon as practicable notify the other party in writing of the  appeal, however the time for appeal shall be offered equitably to all parties and shall not be extended  for any party solely because the other party filed an appeal.

Appeals will be decided by an Appeal’s Panel, who will be free of conflict of interest and bias, and will  not serve as investigator, Title IX Coordinator, or the Hearing Officer in the same matter. 

Outcome of appeal will be provided in writing simultaneously to both parties, and include rationale for the decision.

Stony Brook University will keep the identity of any individual who has made a report or complaint of  sex discrimination confidential, including the identity of any individual who has made a report or filed a  Formal Complaint of sexual harassment under this Title IX Grievance Policy, any Complainant, any  individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any  witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part  99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any  investigation, hearing, or judicial proceeding under this Title IX Grievance Policy.  

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. 

No person may intimidate, threaten, coerce, or discriminate against any individual 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 this Title IX Grievance Policy.  

Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or  privilege secured by Title IX or its implementing regulations constitutes retaliation. This includes any  charges filed against an individual for conduct that do not involve sex discrimination or sexual  harassment, but that arise from the same facts or circumstances as a report or complaint of sex  discrimination or a report or Formal Complaint of sexual harassment. Stony Brook University strongly  encourages students to report sexual harassment or sex discrimination to University officials. A  bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of  sexual harassment or sex discrimination to Stony Brook University officials or law enforcement will not  be subject to Stony Brook University Code of Student Responsibility action for violations of policies  occurring at or near the time of the commission of sexual harassment or sex discrimination 

Complaints alleging retaliation may be filed according to the Office of Equity and Access’ Complaint  Procedure for Allegations of Discrimination.