Title IX
Westchester Community College values and respects the self-worth of all individuals in our community and affirms their right to have a safe, nonthreatening, and respectful environment. The College has no tolerance for sexual misconduct and sexual violence of any kind, which includes sexual harassment, stalking, intimate partner violence, and sexual assault.
Community members who have been or know someone who has been the victim of sexual violence, assault, harassment, stalking, domestic/dating violence, or any other form of sexual misconduct are strongly encouraged and employees are required to make a report to the college. Individuals can learn about available options to file a report. Anonymous reports are accepted.
New Title IX Regulations
The U.S. Department of Education’s new Title IX regulations governing how educational institutions respond to sexual assault, sexual harassment, and other forms of sexual misconduct took effect August 14, 2020.
It is important to note that the federal regulations do not apply to all sexual misconduct as it limits the definitions of such behavior and the geographic scope. However, Westchester Community College remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule. The college will assess each complaint to determine whether the federal regulations, New York State Education Law 129-B, WCC policy, or any may apply. In short, we will continue to address all complaints regardless of where the alleged conduct occurs. It is also important to note that when the federal regulations do apply, the adjudication process will include a hearing and verbally conducted cross-examination. This is true for both student and employee matters.
About Appeals Under the Title IX Grievance Process
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 five (5) business days of being notified of the decision, indicating the grounds for the appeal. Parties should submit their appeal through the SUNY WCC Title IX Appeal Form. Information regarding the appeal of a Title IX matter can be found in the College’s Title IX Grievance Policy, Section XVI. Appeals.
Frequently Asked Questions (FAQ’s)
Yes, 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 five (5) business days of being notified of the decision, indicating the grounds for the appeal, through the appropriate form linked here.
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 institution’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.
- A sanction(s) was not appropriate for the violation(s) of the Student Code of Conduct. Evidence must show that the sanction is inappropriate based on the infraction.
The submission of appeal stays any sanctions for the pendency of an appeal.
Supportive measures and remote learning opportunities remain available during the pendency of the appeal.
Yes. If a party appeals, the institution 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.
Yes. Appeals may be no longer than three (4) pages (including attachments). Appeals should be submitted in electronic form using ARIAL or TIMES NEW ROMAN, 12 point font, and single-spaced. Appeals should use footnotes, not end notes. Appeals that do not meet these standards may be returned to the party for correction, but the time for appeal will not be extended unless there is evidence that technical malfunction caused the appeal document not to meet these standards.
Appeals will be decided by a panel of three college officials, who will be free of conflict of interest and bias, and will not have serves as investigator, Title IX Coordinator, or hearing decision maker in the same matter.
The outcome of an appeal will be provided in writing simultaneously to both parties, and include rationale for the decision.