Grievance Procedure for Complaints of Sex Discrimination Other Than Sex-Based Harassment

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SECTION I: Nondiscrimination Policy & Notice of Nondiscrimination
SECTION II: Effective Date
SECTION III: Scope of Procedure
SECTION IV: Jurisdiction of Procedure
SECTION V: Disability Accommodations
SECTION VI: Definitions
SECTION VII: Basic Requirements of Title IX Grievance Procedure
SECTION VIII: Reporting Sex Discrimination to the Institution
SECTION IX: Supportive & Interim Measures
SECTION X: Title IX Grievance Procedures For Sex Discrimination

Filing a Complaint
Consolidation of Complaints
Allegations Potentially Falling Under Two Policies
Advisor of Choice and Participation of Advisor of Choice
Notice of Allegations
Investigation
Determination Regarding Responsibility
Informal Resolution

SECTION XI: Dismissal of a Complaint
SECTION XII: Appeals of Dismissals and Determinations
SECTION XIII: Retaliation

SECTION I

Nondiscrimination Policy & Notice of Nondiscrimination
SUNY Westchester Community College does not discriminate on the basis of sex and prohibits sex discrimination in any Education Program or Activity that it operates, as required by Title IX, including in admission and employment.

SUNY Westchester Community College does not discriminate on the basis of sex and prohibits sex discrimination in any Education Program or Activity that it operates, as required by Title IX and its regulations, including in admission and employment.

Inquiries about Title IX may be referred to SUNY Westchester Community College’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both. SUNY Westchester Community College’s Title IX Coordinator is

Name: Dr. Rinardo Reddick
Title: Chief Diversity Oﬃcer/Title IX Coordinator
Oﬃce: Academic Arts Building, Room 302 Email Address: [email protected] Telephone Number: 914-606-6313
SUNY Westchester Community College’s nondiscrimination policy and grievance procedures can be located at
https://www.sunywcc.edu/about/title-ix/.

To report information about conduct that may constitute sex discrimination or make a Complaint of sex discrimination under Title IX, please refer to https://www.sunywcc.edu/about/title-ix/.

SECTION II

Effective Date
This Procedure applies to incidents that occur on or after August 1, 2024. Any incidents reported under this Procedure that occurred on or before July 31, 2024, will be processed through the institution’s Grievance Procedure for Complaints of Sex Discrimination.

Should any portion of the 2024 Title IX Final Rule (89 Fed. Reg. 33474 (Apr. 29, 2024)), be stayed or held invalid by a court of law, or if the 2024 Title IX Final Rule is withdrawn or modiﬁed to not require elements of this Grievance Procedure, the Grievance Procedure in its entirety, or the invalidated elements of this Procedure, they will be deemed revoked as of the publication date of the opinion or order from the Court 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 the date of the opinion or order publication by the Court. If this Procedure is revoked in this manner, any conduct covered under this Procedure shall be investigated and adjudicated under the previous 2020 Title IX Grievance Policy and/or Sexual Violence Response Policy. SUNY Westchester Community College will update this Grievance Procedure as soon as practicable to reﬂect any court rulings or changes that invalidate parts of the Grievance Procedure, if applicable.

SECTION III

Scope of Procedure

SUNY Westchester Community College has adopted a grievance procedure that provides for the prompt and equitable resolution of sex discrimination Complaints made by students, employees, or other individuals who are participating or attempting to participate in its 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.

Sex discrimination, as defined by Title IX, includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Title IX’s prohibition on sex discrimination includes sex-based 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 Complaints of sex-based harassment involving a student Party, the institution will utilize the Grievance Procedures for Sex Based Harassment Complaints for Students which can be found here: https://www.sunywcc.edu/about/title-ix/.

SECTION IV

Jurisdiction of Procedure

This Procedure applies to all sex discrimination occurring under SUNY Westchester Community College’s Education Program or Activity in the United States.
Conduct that occurs under SUNY Westchester Community College’s Education Program or Activity includes but is not limited to conduct that occurs in a building owned or controlled by a student organization that is oﬃcially recognized by SUNY Westchester Community College and conduct that is subject to SUNY Westchester Community College’s disciplinary authority.
SUNY Westchester Community College has an obligation to address a sex-based hostile environment under its Education Program or Activity, even when some conduct alleged to be contributing to the hostile environment occurred outside the recipient’s Education Program or Activity or outside the United States.
In the limited circumstances in which Title IX permits different treatment or separation on the basis of sex, SUNY Westchester Community College must not carry out such different treatment or separation in a manner that discriminates on the basis of sex by subjecting a person to more than de minimis harm, except as permitted by law.

SECTION V

Disability Accommodations

This Procedure does not alter any institutional obligations under federal and New York State 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 Procedure that do not fundamentally alter the Procedure. 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.

Requests for Reasonable Accommodations During the Title IX Grievance Procedure

If the Complainant or Respondent discloses a disability, the Title IX Coordinator may consult, as appropriate, with the Accessibility Services Oﬃce to provide support to students with disabilities to determine how to comply with Section 504 of the Rehabilitation Act of 1973 in the implementation of any supportive measures.

SECTION VI

Definitions

Accused means a person accused of a violation who has not yet oﬃcially entered the grievance process.
Admission means selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an Education Program or Activity operated by SUNY Westchester Community College.
Advisor or Advisor of Choice means any person who may be, but is not required to be, an attorney who accompanies a Party to any meeting or hearing the Party is eligible to attend. The advisor may accompany the Parties but may not speak for the Party. An advisor of choice is not prohibited from being a witness in a hearing. The Advisor may not directly address Hearing Oﬃcers, Investigators, question witnesses, or otherwise actively participate in the grievance procedures, but may speak privately with the advisee during the proceedings.
College or SUNY WCC or WCC means SUNY Westchester Community College.
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.

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 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. “Consent” and “aﬃrmative consent” may be used interchangeably under this Grievance Procedure.

Complainant means:

a student or employee who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment as deﬁned in these procedures and who was participating or attempting to participate in SUNY WCC’s Education Program or Activity; or
a person other than a student or employee who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment under this grievance procedure and who was participating or attempting to participate in SUNY WCC’s Education Program or Activity at the time of the alleged Sex- Based Harassment.
A Complainant may also be referred to as a Reporting Individual in this Grievance Procedure, in alignment with New York State Education Law Article 129-B.

Complaint means an oral or written request to SUNY WCC that objectively can be understood as a request for SUNY WCC to investigate and make a determination about alleged about alleged sex discrimination the institution.
Conﬁdential Employee means:

an employee of SUNY WCC whose communications are privileged under Federal or State law. The employee’s conﬁdential status is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or conﬁdentiality applies;
an employee of SUNY WCC whom the recipient has designated as conﬁdential for the purpose of providing services to persons related to Sex-Based Harassment. If the employee also has a duty not associated with providing those services, the employee’s conﬁdential status is only with respect to information received about Sex-Based Harassment in connection with providing those services; or
an employee of SUNY WCC who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about Sex-Based Harassment. The employee’s conﬁdential status is only with respect to information received while conducting the study.

Disciplinary Sanctions means consequences imposed on a Respondent following a determination under this grievance procedure that the Respondent violated SUNY Westchester Community College’s prohibition sex discrimination.
Education Program or Activity means all of the operations of a college, university, or other postsecondary institution, or a public system of higher education.
Party means Complainant or Respondent.
Peer Retaliation means retaliation by a student against another student.
Pregnancy or related conditions means

Pregnancy, childbirth, termination of pregnancy, or lactation;
Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Relevant means related to the allegations of sex discrimination under investigation as part of this Grievance Procedure. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.
Remedies means measures provided, as appropriate, to a Complainant or any other person SUNY Westchester Community College identiﬁed as having had their equal access to SUNY Westchester Community College’s Education Program or Activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to SUNY Westchester Community College’s Education Program or Activity after SUNY Westchester Community College determines that sex discrimination occurred.
Respondent means a person who is alleged to have violated SUNY Westchester Community College’s prohibition
on sex discrimination.
Retaliation means intimidation, threats, coercion, or discrimination by any person by SUNY Westchester Community College, a student, or an employee or other person authorized by SUNY Westchester Community College to provide aid, beneﬁt, or service under SUNY Westchester Community College’s Education Program or Activity, for the purpose of interfering with any right or privileged secured by Title IX, or because the person has reported information, made a Complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding, informal resolution process or hearing under this Grievance Procedure.
Sex-Based Harassment means sexual harassment and other harassment on the basis of sex, including harassment because of gender identity, sexual orientation, sex characteristics, sex stereotypes, and/or pregnancy and other conditions, that is:
(1) Quid pro quo harassment. An employee, agent or other person authorized by SUNY WCC’s Education Program or Activity explicitly or impliedly conditioning the provision of such an aid, beneﬁt, or service on a person’s participation in unwelcome sexual conduct;

(2) Hostile Environment harassment. Conduct that is, based on the totality of the circumstances:

Unwelcome;
sex-based;
is subjectively and objectively oﬀensive;
so severe or pervasive;
that it limits or denies a person’s ability to participate in or beneﬁt from SUNY WCC’s Education Program or Activity (i.e., creates a hostile environment).
Whether a hostile environment has been created is a fact-speciﬁc inquiry that includes consideration of
the following:

the degree to which the conduct aﬀected the Complainant’s ability to access SUNY WCC’s Education Program or Activity;
the type, frequency, and duration of the conduct;
the Parties’ ages, roles within SUNY WCC’s Education Program or Activity, previous interactions and other factors about each Party that may be Relevant to evaluating the eﬀects of the conduct;
the location of the conduct and the context in which the conduct occurred; and
other Sex-Based Harassment in SUNY WCC’s Education Program or Activity;

Sexual Assault (as deﬁned in the Clery Act, 20 U.S.C. 1092(f)) means any sexual act directed against another person, without the Consent of the victim, including instances where the victim is incapable of giving Consent, sexual assault can include, but is not limited to:

Sexual Assault I

Sexual intercourse or any sexual penetration, no matter how slight, of another person’s oral, anal, or genital opening with any object (an object includes but is not limited to parts of a person’s body) without the active consent of the victim.
Sexual Assault II

Touching a person’s intimate parts (deﬁned as genitalia, groin, breast, or buttocks) for the purpose of sexual gratiﬁcation, whether directly or through clothing, without the active consent of the victim.
Sexual Assault II also includes forcing an unwilling person to touch another’s intimate parts.
Sexual Exploitation

Intentionally engaging in or attempting to engage in abusive sexual behavior without aﬃrmative consent that does not otherwise constitute Sexual Assault I or Sexual Assault II. Examples include, but are not limited to:

intentional, nonconsensual tampering with or removal of condoms or other methods of birth
control and STI prevention prior to or during sexual contact in a manner that signiﬁcantly increases the likelihood of STI contraction and/or pregnancy by the non-consenting party;
nonconsensual video or audio recording of sexual activity;
sharing and/or allowing others to watch consensual or nonconsensual sexual activity without the consent of a sexual partner;
observing others engaged in dressing/undressing or in sexual acts without their knowledge or
consent; traﬃcking people to be sold for sex;
inducing incapacitation with the intent to sexually assault another person;
creating, possessing or distributing the sexual performance of a child; and
aiding, abetting, or otherwise facilitating sexual activity between persons without the aﬃrmative
consent of one or more part

Dating Violence (as deﬁned in the Violence Against Women Act (VAWA) Reauthorization of 2022 and the VAWA Amendments to the Clery Act) means 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:

the length of the relationship;
the type of relationship; and
the frequency of interaction between the persons involved in the relationship.

Domestic Violence means any felony or misdemeanor crimes committed by a person who: (A) is a current or former partner of the victim under the family or domestic violence laws of New York, or a person similarly situated to a spouse of the victim; (B) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (C) shared 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; or
2. Stalking means engaging in a course of conduct, directed at a speciﬁc person, which is likely to cause a
reasonable person to:

fear for their safety or the safety of others; or
cause that person to suﬀer substantial emotional distress.

Stalking does not require direct contact between parties and can be accomplished in many ways, including
through the use of electronic media such as the internet, pagers, cell phones, or other similar devices. Tactics used may include, but are not limited to: watching, following, using a tracking device, monitoring online activity, unwanted contact, property invasion or damage, hacking accounts, threats, violence, sabotage, or attacks.

Supportive Measures means individualized measures oﬀered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to: (1) restore or preserve that Party’s access to SUNY WCC’s Education Program or Activity, including measured that are designed to protect the safety of the Parties or SUNY WCC’s educational environment; or (2) provide support during SUNY WCC’s grievance procedures for Sex-Based Harassment or during the informal resolution process.
Student means any person registered for courses, either full time or part time, pursuing undergraduate studies as well as non-degree seeking students; individuals who are term active but are between academic terms or not enrolled at the College; individuals taking online classes; individuals auditing classes; and individuals that were enrolled on the date of an alleged incident.
Title IX Coordinator means the SUNY WCC Title IX Coordinator and/or their designee.
Vice President of Student Aﬀairs or VPSA is the Chief Student Aﬀairs Oﬃcer of the College and/or their
designee.

SECTION VII

Basic Requirements of Title IX Grievance Procedure

Equitable Treatment
SUNY Westchester Community College will treat Complainants and Respondents equitably.
Conflicts and Bias
SUNY Westchester Community College requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. A decisionmaker may be the same person as the Title IX Coordinator or investigator.
Presumption
SUNY Westchester Community College presumes that the Respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its Grievance Procedure.
Reasonably Prompt Timeframes
SUNY Westchester Community College has established timeframes for the major stages of the grievance procedures: all processes, including investigation, determination and appeal will be completed in a reasonable timeframe that generally will not exceed ninety (90) business days after the ﬁling of the Formal Complaint.
Extensions
SUNY Westchester Community College has also established the following process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the Parties that includes the reason for the delay. This will be at the discretion of the Title IX Coordinator, using their best professional judgement for reasons which may include, but are not limited to: 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
Privacy
SUNY Westchester Community College will take reasonable steps to protect the privacy of the Parties and witnesses during its grievance procedure. These steps will not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedure. The Parties cannot engage in retaliation, including against witnesses.
Objectivity
SUNY Westchester Community College will objectively evaluate all evidence that is relevant and not otherwise impermissible including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.
Impermissible Evidence
The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by SUNY Westchester Community College to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
A Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless SUNY Westchester Community College obtains that Party’s or witness’s voluntary, written consent for use in its grievance procedures; and
Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

SECTION VIII

Reporting Sex Discrimination to the Institution

Complaints

The following people have a right to make a Complaint of sex discrimination, including Complaints of sex-based harassment, requesting that SUNY Westchester Community College investigate and make a determination about alleged discrimination under Title IX:

A “Complainant,” which includes: a student or employee of SUNY Westchester Community College who is
alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
A person other than a student or employee of SUNY Westchester Community College who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in SUNY Westchester Community College’s Education Program or Activity;
A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a
Complainant; or SUNY Westchester Community College’s Title IX Coordinator.

With respect to Complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a Complaint:

Any student or employee of SUNY Westchester Community College or

Any person other than a student or employee who was participating or attempting to participate in SUNY Westchester Community College’s Education Program or Activity at the time of the alleged sex discrimination.

Types of Complaints that may be addressed under these Grievance Procedures include, but are not limited to, sex discrimination other than sex-based harassment, such as:

Complaints of retaliation;
Complaints of sex discrimination that do not involve sex-based harassment;
Complaints regarding failure to make reasonable modiﬁcations to policies, practices or procedures as necessary to ensure equal access and prevent sex discrimination on the basis of parental, family or marital status, including pregnancy or related conditions; or
Complaints that SUNY Westchester Community College’s policies or procedures discriminate on the basis of sex.

Complaints may be submitted 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 at SUNY Westchester Community College:

Name: Dr. Rinardo Reddick
Title: Chief Diversity Oﬃcer/Title IX Coordinator
Oﬃce: Academic Arts Building, Room 302 Email Address: [email protected]
Telephone Number: 914-606-6313

Mandatory Employee Reporting

SUNY WCC requires that any employee, who is not a Conﬁdential Employee (see Conﬁdential Reports below for more), who has information about conduct that reasonably may constitute Sex Discrimination, including Sex-Based Harassment, report that information to the Title IX Coordinator, whose contact information is listed above. There are other ways in which an employee may notify the Title IX Coordinator, including completing a Sexual Violence/Sexual Misconduct Incident Report which can be found at www.sunywcc.edu/incidentreport.

At the ﬁrst instance of disclosure by a Complainant to a SUNY WCC representative, the following information shall be presented to the Complainant:

“You have the right to make a report to university police or campus security, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from Retaliation for reporting an incident; and to receive assistance and resources from your institution.”

NOTE: If an employee has personally been subject to conduct that reasonably may constitute Sex Discrimination, including Sex-Based Harassment, under Title IX or any institutional policy or this Grievance Procedure, these requirements do not apply to an employee reporting a personal Complaint.

Conﬁdential Reports

On-Campus Conﬁdential Reporters

The following oﬃcials at SUNY WCC may provide conﬁdentiality:

Licensed Mental Health Counselors in the Department of Mental Health & Counseling Services

Registered Nurses in the Health Services Oﬃce

Privacy vs. Conﬁdentiality

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 SUNY WCC 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. SUNY WCC will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for conﬁdentiality cannot be honored.

Public Awareness Events

When SUNY Westchester Community College ‘s Title IX Coordinator is notified of information about conduct that reasonably may constitute sex-based harassment under Title IX or this policy that was provided by a person during a public event to raise awareness about sex-based harassment that was held on SUNY Westchester Community College ‘s campus or through an online platform sponsored by it, SUNY Westchester Community College is not obligated to act in response to the information, unless it indicates an imminent and serious threat to the health or safety of a Complainant, any students, employees, or other persons.

However, in all cases SUNY Westchester Community College must use this information to inform its efforts to prevent sex-based harassment, including by providing tailored training to address alleged sex-based harassment in a particular part of its Education Program or Activity or at a specific location when information indicates there may be multiple incidents of sex-based harassment.

Nothing in Title IX or this policy obligates SUNY Westchester Community College to require its Title IX Coordinator or any other employee to attend such public awareness events.

SECTION IX

Supportive and Interim Measures
Providing Supportive Measures

Complainants who report allegations of sex-based harassment have the right to receive supportive measures from SUNY Westchester Community College regardless of whether they file a Complaint. Supportive measures are non-disciplinary and non-punitive. Supportive measures may vary depending upon what is reasonably available at SUNY Westchester Community College.

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

Counseling services;
Extensions of deadlines or other course-related adjustments;
Modifications of work or class schedules;
Campus escort services, as available;
Restrictions on contact applied to one or more Parties, which can include:

No Contact Order: an oﬃcial notiﬁcation to the accused/Respondent that they must no longer contact another person(s), referred to as the protected individual/person. Continuing to contact the protected individual/person is a violation of college policy subject to conduct charges. If the accused/Respondent and the protected individual/person observe each other in a public place, it is the responsibility of the accused/Respondent to leave the area immediately and without directly contacting the protected person. The College may establish an appropriate schedule for the accused/Respondent to access applicable institution buildings and property at a time when such buildings and property are not being accessed by the Reporting Individual.
Cease & Desist Directive: a written directive to multiple parties prohibiting contact with each other, either directly or through a third party for a temporary duration of time, such as, until one party is no longer a student at the College.

changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative;
• Leaves of absence;
Increased security and monitoring of certain areas of the campus; or
Training and education programs related to sex-based harassment.

Supportive measures must not unreasonably burden either Party and must be designed to protect the safety of the Parties or SUNY Westchester Community College’s educational environment, or to provide support during SUNY Westchester Community College’s sex-based harassment grievance procedure under this policy or during informal resolution under these procedures.

SUNY Westchester Community College may modify or terminate supportive measures at the conclusion of the grievance procedure or at the conclusion of the informal resolution process or may continue them beyond that point within SUNY Westchester Community College’s discretion.

NOTE: A No Contact Order will cease at the conclusion of the grievance procedures or at the conclusion of the informal
resolution process unless agreed to as part of the informal resolution process.

SUNY Westchester Community College will not disclose information about any supportive measures to persons other than the person to whom they apply, including informing one Party of supportive measures provided to another Party, unless necessary to provide the supportive measure or restore or preserve a Party’s access to SUNY Westchester Community College’s Education Program or Activity, or there is an exception that applies, such as:

SUNY Westchester Community College has obtained prior written consent from a person with the legal right to
consent to the disclosure;
When the information is disclosed to an appropriate third Party with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;
To carry out the purpose of the policy when it is necessary to address conduct that reasonably may constitute sex-based harassment under Title IX in SUNY Westchester Community College’s Education Program or Activity;
As required by Federal law, federal regulations, or the terms and conditions of a federal award; or
To the extent such disclosures are not otherwise in conflict with Title IX, when required by State or local law or when permitted under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g, or its implementing regulations, 34 CFR Part 99).
Process for Review of Supportive Measures

WCC provides for a Complainant or Respondent to seek modiﬁcation or reversal of WCC’s decision to provide, deny,

modify or terminate a supportive measure. Grounds for challenge of supportive measures include, but are not limited to:

• Whether a supportive measure is reasonably burdensome;
Whether a supportive measure is reasonably available;
Whether a supportive measure is being imposed for punitive or disciplinary reasons;
Whether the supportive measure is being imposed without fee or charge; and
Whether the supportive measure is eﬀective in meeting the purposes for which it is intended, including to restore or preserve access to the Education Program or Activity, provide safety, or provide support during the Grievance Procedure.

Both the accused or respondent and the reporting individual shall be aﬀorded a prompt review, reasonable under the circumstances, of the need for and terms of any such interim measure and accommodation that directly aﬀects them and shall be allowed to submit evidence in support of their request. Parties are only allowed to challenge their own individual supportive measures. Challenges by one Party will not be heard to supportive measures aﬀorded to the opposite Party, unless that supportive measure directly impacts the Party making such challenge (i.e., two-way no contact orders).

For Accused Students/Student Respondents

Requests for a modiﬁcation or reversal of a supportive measure must be timely and should be submitted within three (3) calendar days. Such requests must be sent to [email protected] and SUNY WCC will conduct a fact speciﬁc inquiry into timeliness. Such requests may be no longer than 5 pages (including attachments). Such requests should be submitted in electronic form using CALIBRI or TIMES NEW ROMAN, 12- point font, and single-spaced. Such requests should use footnotes, not endnotes.

This review will be conducted by the Vice President of Student Aﬀairs (VPSA). The VPSA will have the authority to modify or reverse the decision if the VPSA determines that the decision to provide, deny, modify, or terminate the supportive measure was inconsistent with the procedures as outlined above for providing supportive measures in accordance with the Title IX regulations.

Emergency Removal

SUNY Westchester Community College retains the authority to remove a Respondent from SUNY Westchester Community College’s Education Program or Activity on an emergency basis, where SUNY Westchester Community College

(1) undertakes an individualized safety and risk analysis, and
(2) determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of sex-based harassment justifies removal.

SUNY Westchester Community College will provide the Respondent with notice and an opportunity to challenge the decision immediately following the removal. Students who have Emergency Removal imposed onto them shall be able to appeal or request a modification to the parameters of the imposed actions. Students must submit, in writing, to [email protected], their specific request and provide any information, documentation or further evidence to support their request within three (3) calendar days from the date they are notified of the imposed actions.
For Accused Students/Student Respondents

The request will be reviewed by the Vice President of Student Affairs or designee; their decision will be final. Administrative Leave
SUNY Westchester Community College retains the authority to place a non-student employee Respondent on administrative leave during the Title IX Grievance Procedure, consistent with relevant employee handbook/collective bargaining agreements etc.

NOTE: when a Complainant or Respondent is both a student and an employee of SUNY Westchester Community College, SUNY Westchester Community College must make a fact-speciﬁc inquiry to determine whether these procedures apply to that student employee. If the Complainant or Respondent’s primary relationship with SUNY Westchester Community College is to receive an education and whether the alleged sex-based harassment occurred while the Party was performing employment-related work.

SECTION X

The Title IX Grievance Procedure for Sex Discrimination
Filing a Complaint

The following individual can ﬁle a Complaint:

A Complainant, which includes: a student or employee of SUNY Westchester Community College who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or a person other than a student or employee of SUNY Westchester Community College who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in SUNY Westchester Community College’s Education Program or Activity;
A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant; or
The Title IX Coordinator, per the following:
o In the absence of a Complaint or the withdrawal of any or all of the allegations in a Complaint, and in the absence or termination of an Informal Resolution process, the Title IX Coordinator must determine whether to initiate a Complaint of Sex-Based Harassment. This determination is fact-speciﬁc, and the Title IX Coordinator must consider:

The Complainant’s request not to proceed with the initiation of a Complaint;
The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
The risk that additional acts of Sex-Based Harassment would occur if a complaint is
not initiated;
The severity of the alleged Sex-Based Harassment, including whether the Sex-Based Harassment, if established, would require the removal of a Respondent from campus or imposition of another Disciplinary Sanction to end the Sex-Based Harassment and prevent its recurrence;
The age and relationship of the Parties, including whether the Respondent is an
employee of SUNY WCC;
The scope of the alleged Sex-Based Harassment, including information suggesting a pattern, ongoing Sex-Based Harassment, or Sex-Based Harassment alleged to have impacted multiple individuals;
The availability of evidence to assist a decisionmaker in determining whether Sex-
Based Harassment occurred; and
Whether SUNY WCC could end the alleged Sex-Based Harassment and prevent its
recurrence without initiating this Grievance Procedure

If after considering these and other Relevant factors, the Title IX Coordinator determines that the conduct as alleged present as an imminent and serious threat to the health or safety of the Complainant or other person, or that the conduct as alleged prevents SUNY WCC from ensuring equal access on the basis of sex to its Education Program or Activity, the Title IX Coordinator may initiate a Complaint.
If the Title IX Coordinator does initiate the Complaint after making this determination, the Title IX Coordinator must notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including by providing Supportive Measures as listed in Section VI of this Grievance Procedure.

Who Can Individuals Report A Complaint To?

Any reports of Sex-Based Harassment may be made directly to the Title IX Coordinator, whose contact information is listed in Section I of these procedures. There are other ways in which a Party may report a Complaint, including completing a Sexual Violence/Sexual Misconduct Incident Report which can be found at www.sunywcc.edu/incidentreport.

Individuals can also report to any employee at SUNY WCC. See Section VIII. Mandatory Employee Reporting
and Section VIII. Conﬁdential Reports of these procedures for more information.

Consolidation of Complaints

SUNY Westchester Community College may consolidate Complaints of sex discrimination against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one Complainant or more than one Respondent is involved, references below to a Party, Complainant, or Respondent include the plural, as applicable.

Allegations Potentially Falling Under Two Policies

If the alleged conduct, if true, includes conduct that would constitute covered sex discrimination and conduct that would not constitute covered sex discrimination, the Title IX Grievance Process will be applied to investigation and adjudication of only the allegations that constitute covered sex discrimination.

Advisor of Choice and Participation of Advisor of Choice

A Party’s advisor of choice may accompany the Party to any meeting or proceeding, and that SUNY WCC cannot limit the choice of who that advisor may be or their presence for the Parties in any meeting or proceeding unless such advisor does not follow SUNY WCC’s established rules of decorum and rules around participation. The advisor shall not represent or speak for the student and shall not participate directly in any meeting or proceeding. The advisor may be present and speak privately with the student during any meeting. It is the responsibility of the student to ﬁnd their own advisor.

Notice of Allegations

Upon initiation of SUNY Westchester Community College’s Title IX grievance procedure, SUNY Westchester Community College will notify the Parties of the following:

SUNY Westchester Community College’s Title IX grievance procedure and any informal resolution process;
• Sufficient information available at the time to allow the Parties to respond to the allegations, including the identities of the Parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
That Retaliation is prohibited; and
The Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence. The Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any Party.

If, in the course of an investigation, SUNY Westchester Community College decides to investigate additional allegations of sex discrimination by the Respondent toward the Complainant that are not included in the notice provided or that are included in a Complaint that is consolidated, SUNY Westchester Community College will notify the Parties of the additional allegations.

Investigation

SUNY Westchester Community College will provide for adequate, reliable, and impartial investigation of Complaints. The burden is on SUNY Westchester Community College—not on the Parties—to conduct an investigation that gathers suﬃcient evidence to determine whether sex discrimination occurred.

SUNY Westchester Community College will provide an equal opportunity for the Parties to present fact witnesses and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible. SUNY Westchester Community College will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

SUNY Westchester Community College will provide each Party with an equal opportunity to access the evidence
that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:

SUNY Westchester Community College will provide an accurate description of the Relevant and not otherwise impermissible evidence, with an equal opportunity for the Parties to access the underlying Relevant and not otherwise impermissible evidence upon request of any Party.

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 10 business days prior to the hearing in an electronic format 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 the relevant 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.

SUNY Westchester Community College will provide a reasonable opportunity to respond to the evidence or the
accurate description of the evidence; and

SUNY Westchester Community College will take reasonable steps to prevent and address the Parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the Complaint of sex discrimination are authorized.

Impermissible Evidence

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by SUNY Westchester Community College to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a conﬁdential employee, unless the person to whom the privilege or conﬁdentiality is owed has voluntarily waived the privilege or conﬁdentiality;
A Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless SUNY Westchester Community College obtains that Party’s or witness’s voluntary, written consent for use in its grievance procedure; and
Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is oﬀered to prove that someone other than the Respondent committed the alleged conduct or is evidence about speciﬁc incidents of the Complainant’s prior sexual conduct with the Respondent that is oﬀered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex discrimination or preclude determination that sex discrimination occurred.

Questioning Parties and Witnesses to Aid in Evaluating Allegations and Assessing Credibility

When a party or witness’s credibility is in dispute, and such dispute is relevant to evaluating one or more allegations of sex discrimination, the investigator and/or decisionmaker must have an opportunity to question any party or witness whose credibility is in dispute in a live format.

The investigator/decisionmaker will question Parties and witnesses to adequately assess a Party’s or witness’s credibility to the extent credibility is both in dispute and Relevant to evaluating one or more allegations of sex discrimination. This will occur during individual meetings with a Party or witness.

Each Party shall have the opportunity to propose questions that the Party wants asked of any Party or witness and have those questions asked by the investigator/decisionmaker during one or more individual meetings, including follow-up meetings, with a Party or witness, subject to the appropriate procedures outlined herein regarding the decisionmaker’s advance evaluation of all questions. Each Party will be provided with an audio or audiovisual recording or transcript with enough time for the Party to have a reasonable opportunity to propose follow-up questions.

Determination Regarding Responsibility

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, SUNY Westchester Community College will:

Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded by the evidence, under
the applicable standard, that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
Notify the Parties in writing of the determination whether sex discrimination occurred under Title IX, including the rationale for such determination, and the procedures and permissible bases for the Complainant and Respondent to appeal, if applicable;
Not impose discipline on a Respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedure that the Respondent engaged in prohibited sex discrimination.

If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:

Coordinate the provision and implementation of remedies to a Complainant and other people SUNY Westchester Community College identiﬁes as having had equal access to SUNY Westchester Community College’s Education Program or Activity limited or denied by sex discrimination;
Coordinate the imposition of any disciplinary sanctions on a Respondent, including notiﬁcation to
the Complainant of any such disciplinary sanctions; and
Take other appropriate prompt and eﬀective steps to ensure that sex discrimination does not continue or recur within SUNY Westchester Community

College’s Education Program or Activity.

• Comply with the grievance procedure before the imposition of any disciplinary sanctions against a
Respondent; and

• Not discipline a Party, witness, or others participating in the grievance procedure for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

Informal Resolution Process

Procedures for Entering and Exiting Informal Resolution Process
At any time prior to determining whether Sex Discrimination occurred under this Grievance Procedure, including prior to making a Complaint, Parties may instead seek SUNY Westchester Community College’s assistance to resolve allegations of Sex Discrimination, and may elect to enter the informal resolution process.

The Parties may voluntarily elect to enter the SUNY Westchester Community College’s informal resolution process at any time through an informed written Consent. This informed written Consent will include all terms of the elected informal process, including a statement that any agreement reached through the process is binding on the Parties.

No Party may be required to participate in informal resolution, and SUNY Westchester Community College may never condition enrollment, employment, or enjoyment of any other right or privilege upon agreeing to informal resolution.

The Parties may elect to leave the informal resolution process at any point until the informal resolution process is concluded. If a Party elects to leave the informal resolution process, the Grievance Procedure that the Parties paused will continue. In participating in the informal resolution process, the Parties understand that the timeframes governing the Grievance Procedure will temporarily cease, and only reinstate upon reentry into the Grievance Procedure.

Supportive Measures will be available, or continue to be available if already provided, during an informal resolution process, if elected to proceed. The Title IX Coordinator will also, to the extent necessary, take other appropriate prompt and eﬀective steps to ensure that Sex Discrimination does not continue or recur within SUNY Westchester Community College’s Education Program or Activity.

Notice Prior to Entry Into Informal Resolution Process

Before the initiation of an informal resolution process, the Title IX Coordinator must provide to the Parties a written notice that explains:

The allegations;
The requirements of the informal resolution process;
That, prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and to initiate or resume SUNY Westchester Community College’s Grievance Procedure;
That the Parties’ agreement to a resolution at the conclusion of the informal resolution process would preclude the Parties from initiating or resuming SUNY Westchester Community College’s Grievance Procedure arising from the same allegations;
The potential terms that may be requested or oﬀered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties; and
What information SUNY Westchester Community College will maintain and whether and how SUNY Westchester Community College could disclose such information for use in its Grievance Procedure if they are initiated or resumed.
Determination to Approve Entry into Informal Resolution Process
Even where the Parties agree to submit a matter to informal resolution, the Title IX Coordinator or other designated oﬃcial must approve the decision to move the matter to the informal resolution process and may determine that informal resolution is not appropriate under the circumstances.

Factors that the Title IX Coordinator or other designated oﬃcial may weigh in considering the appropriateness of the informal resolution process include, but are not limited to, the gravity of the allegations, whether there is an ongoing threat of harm or safety to the campus, whether the Respondent is a repeat oﬀender, whether the alleged conduct would present a future risk of harm to others, and whether the Parties are participating in good faith. This determination is not subject to appeal. Informal resolution may be available to address allegations of Student-on-Student and is not allowed to address allegations of employee-on-Student Sex-Based Discrimination.

At any time after the commencement of the informal resolution process, the Title IX Coordinator or other designated oﬃcial may determine that the informal resolution process is not an appropriate method for resolving the matter, and may require that the matter be resolved through the Grievance Procedure. This determination is not subject to appeal.

If informal resolution is approved or denied, SUNY Westchester Community College will provide the outcome in writing simultaneously to the Parties. If informal resolution is approved, the Title IX Coordinator shall also provide the information of the facilitator in writing to the Parties in a reasonable timeframe once the facilitator is assigned.

Role of the Facilitator

Informal resolution processes are managed by trained facilitators. All facilitators must not be the same person as the investigator or the/a decisionmaker(s) in SUNY Westchester Community College’s Grievance Procedure. Any person designated to facilitate informal resolution must not have a conﬂict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. The Title IX Coordinator may serve as the facilitator, subject to these restrictions.

All facilitators must have specialized training, required by law and regulation. Such training includes:

SUNY Westchester Community College’s obligation to address sex discrimination, including Sex-Based Harassment, in its Education Program or Activity;
The scope of conduct that constitutes sex discrimination, including Sex-Based Harassment, under Title IX, including the deﬁnition of Sex-Based Harassment;
All applicable notiﬁcation and information requirements related to parental, family, or marital status, including pregnancy and related conditions, and SUNY Westchester Community College’s response to sex discrimination;
The rules and practices associated with SUNY Westchester Community College’s informal resolution process; and
How to serve impartially, including by avoiding conﬂicts of interest and bias.
Contents of Informal Resolution Agreements
Potential terms that may be included in an informal resolution agreement between the Parties include but are
not limited to:
Restrictions on contact; and
Restrictions on the Respondent’s participation in one or more of SUNY Westchester Community College’s education programs or activities or attendance at speciﬁc events, including restrictions SUNY Westchester Community College could have imposed as Remedies or Disciplinary Sanctions had SUNY Westchester Community College determined at the conclusion of the Grievance Procedure that Sex- Based Discrimination occurred.

Breach of Informal Resolution Agreements

If a Party breaches the resolution or if SUNY Westchester Community College has other compelling reasons, such as if it learns of any fraud by a Party in entering into the agreement, SUNY Westchester Community College may void the agreement and initiate or resume the Grievance Procedure.

In entering the informal resolution process, the Parties agree that any testimony and evidence (including admissions of responsibility) they share or receive during the informal resolution process concerning the allegations of the Complaint is conﬁdential. No evidence concerning the allegations obtained within the informal resolution process may be disseminated to any person, provided that any Party to the informal resolution process may generally discuss the allegations under investigation with a parent, friend, advisor, or other source of emotional support, or with an advocacy organization. As a condition of entering the informal resolution process, any evidence shared or received during the informal resolution process may not be used in any subsequent Grievance Procedure or institutional appeal.

Informal Resolution Option

SUNY Westchester Community College oﬀers the following informal resolution procedures for addressing

Complaints of Sex-Based Discrimination described under this Grievance Procedure:
Administrative Resolution
Should the Parties mutually determine to enter the informal resolution process, and the Respondent elects to accept responsibility for the allegations of the Complaint at any point during the informal resolution process, the institution may administratively resolve the Complaint.

Where the Respondent admits responsibility, the Parties will receive simultaneous written notiﬁcation of the acceptance of responsibility, and a decision-maker(s) will convene to determine the Respondent’s sanction and other Remedies, as appropriate and consistent with institutional policy. The Parties will be given an opportunity to be heard at the sanctions hearing, including without limitation, the submission of impact statements, and the Parties may be accompanied by their Advisor, but questioning of Parties or witnesses will not be permitted. The Parties will receive simultaneous written notiﬁcation of the decision regarding sanctions and Remedies, which may be appealed according to the process described in the Grievance Procedures.

SECTION XI

Dismissal of a Complaint Bases for Dismissal

SUNY Westchester Community College may dismiss a Complaint of sex discrimination for any of the following reasons:

SUNY Westchester Community College is unable to identify the Respondent after taking reasonable steps to do
so;
The Respondent is not participating in SUNY Westchester Community College’s Education Program or Activity and is not employed by SUNY Westchester Community College;
The Complainant voluntarily withdraws any or all of the allegations in the Complaint, the Title IX Coordinator declines to initiate a Complaint under the bases described in these procedures, and SUNY Westchester Community College determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute sex discrimination under Title IX or these grievance procedures even if proven; or
SUNY Westchester Community College determines that the conduct alleged in the Complaint, even if proven, would not constitute sex discrimination under Title IX or these procedures. Note: SUNY Westchester Community College must make reasonable efforts to clarify the allegations with the Complainant before dismissing under this basis.
Notice of Dismissal

Upon dismissal, SUNY Westchester Community College will promptly notify the Complainant of the basis for the dismissal. If the dismissal occurs after the Respondent has been notiﬁed of the allegations, then SUNY Westchester Community College will also notify the Respondent of the dismissal and the basis for the dismissal promptly following notiﬁcation to the Complainant, or simultaneously if notiﬁcation is in writing.

SUNY Westchester Community College will notify the Complainant that a dismissal may be appealed and will provide the Complainant with an opportunity to appeal the dismissal of a Complaint. If the dismissal occurs after the Respondent has been notiﬁed of the allegations, then SUNY Westchester Community College will also notify the Respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:
Procedural irregularity that would change the outcome;
New evidence that would change the outcome and that was not reasonably available when the dismissal was
made; and
The Title IX Coordinator, investigator, or decisionmaker had a conﬂict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome.
Appeal rights must also be outlined in any notification of dismissal of a Complaint, as outlined below.

SECTION XII

Appeals of Dismissals and Determinations

SUNY Westchester Community College offers the following process for appeals from a dismissal or a determination whether sex discrimination occurred:

(A) If the dismissal or determination is appealed, SUNY Westchester Community College will:
a. Notify the Parties of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent;
b. Implement appeal procedures equally for the Parties;
c. Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the Complaint;
d. Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;
e. Provide the Parties a reasonable and equal opportunity to make a statement in support of, or
challenging, the outcome; and
f. Notify the Parties of the result of the appeal and the rationale for the result.

(B) When a Complaint is dismissed, SUNY Westchester Community College will, at a minimum:
a. Offer supportive measures to the Complainant as appropriate.
b. If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as
appropriate; and
c. Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within SUNY Westchester Community College’s Education Program or Activity.

The submission of 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.

If a Party appeals, the institution will as soon as practicable notify the other Party in writing of the appeal. The other party may then submit a written response to the requesting party’s appeal within ﬁve (5) business days of the notiﬁcation, 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. If both parties appeal, the appeals will be considered concurrently.

Appeals may be no longer than 5 pages (including attachments). Appeal should be submitted in electronic form using CALIBRI or TIMES NEW ROMAN, 12-point font, and single-spaced. Appeals should use footnotes, not endnotes. 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.

Outcome of appeal will be provided in writing simultaneously to both Parties and include rationale for the decision. For Appeals With a Student Respondent Appeals will be decided by a three-member appeal panel consisting of Dean of Student Life or designee and two other designated College oﬃcials of the Dean’s choice, who will be free of conﬂict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decisionmaker in the same matter.

SECTION XIII

Retaliation

SUNY Westchester Community College prohibits retaliation, including peer retaliation, in its Education Program or Activity. Upon receiving a Complaint alleging retaliation or upon receiving information about conduct that reasonably may constitute retaliation under Title IX, SUNY Westchester Community College will initiate its grievance procedure or, as appropriate, an informal resolution process.