Sex and Gender-Based Misconduct Policy (Title IX)

Sex and Gender-Based Misconduct Policy (Title IX)

This policy applies to all Excelsior University staff, faculty, and students.

 

I. Statement of Policy and Notices

In accordance with Title IX of the Education Amendments of 1972 (“Title IX”) and Article 129-B of the New York Education Law, Excelsior University seeks to provide a safe environment and to ensure that no individual is excluded from participation in or denied the benefits of any education program or activity that it operates including in admission and employment. Accordingly, the University strictly prohibits sex-based discrimination, which includes sexual harassment in all its forms.

Though Excelsior is a nontraditional University community and most of its students learn at a distance rather than on a campus, the University is always mindful of issues of personal safety. Nontraditional students are not immune to incidents of discrimination and violence. Everyone in the Excelsior University community should be educated about the issues of sexual assault, domestic violence, dating violence, stalking and sexual harassment with the goal of becoming knowledgeable and responsible for their personal safety, as well as for the security and personal safety of the students and colleagues with whom we work and interact.

Upon learning of a possible violation of this policy, the University will take prompt action to address the facts presented, offer resources to any victims, and take action against any individual within the jurisdiction of the University who has been found responsible after the process established in this policy.

The University prohibits retaliation against any individual for reporting an incident of sexual misconduct or for participating in any investigation or proceeding related to any such report.

This policy applies to all students, faculty and staff, as well as to visitors, guests, vendors, contractors, volunteers, and other third parties. The University may take action pursuant to this policy with respect to any behavior regardless of where and in what context it occurs if the conduct has an impact or effect on or poses a risk to the work or learning environment of persons covered by this policy. Therefore, this policy may be violated even if the prohibited conduct occurs off-campus, outside the University’s online learning environment, or during an individual’s off-duty time.

This policy applies regardless of the complainant or respondent’s sexual orientation, sex, gender identity or expression, age, race, color, creed, familial status, pregnancy or related condition, predisposing genetic characteristics, military status, domestic violence victim status, criminal conviction, national origin, religion, disability or other status protected by law. Reasonable accommodations will be provided to individuals with disabilities when necessary to allow them to fully utilize this policy (e.g. to make a report, file a complaint, participate in investigatory interviews, and exercise other procedural rights).

Excelsior will provide the following notice of nondiscrimination to students, employees, and applicants for admission and employment:

Excelsior does not discriminate on the basis of sex and prohibits sex-based 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 Excelsior’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both. Excelsior’s Title IX Coordinator is Daniel Pascoe Aguilar—TitleIX@excelsior.edu or +1-800-516-2273. Excelsior nondiscrimination policy and grievance procedures can be located at https://www.excelsior.edu/about/transparency/title-ix/. To report information about conduct that may constitute sex discrimination or make a complaint of sex discrimination under Title IX, refer to https://www.excelsior.edu/about/transparency/title-ix/.

II Scope of Policy

This policy applies to all students, faculty and staff of Excelsior. This policy applies to interactions between members of Excelsior on campus or off campus in connection with any Excelsior-sponsored program or activity. Further, even off-campus conduct that occurs outside an Excelsior-sponsored program or activity may violate this policy if the conduct perpetuates discrimination or harassment or creates a threatening or uncomfortable work or learning environment on Excelsior’s property or within an Excelsior program, or if the incident causes concern for the safety or security of Excelsior’s students or employees. Visitors (e.g., alums, family of students, vendors, educational partners, volunteers, interns, etc.) are expected to abide by the behavioral expectations in this policy. Applicable law protects employees (including unpaid interns and trainees), students, and non-employees (including independent contractors) and those employed by companies contracting to provide services to the University, regardless of immigration status. A perpetrator of sexual harassment can be a superior, subordinate, student, faculty member, staff member, administrator, independent contractor, contract worker, vendor, client, customer, volunteers, or visitor.

Allegations of Sex-Based Harassment that involve a student will be investigated and adjudicated in accordance with section IX.2 of this policy. All other forms of sex-based discrimination will be investigated and addressed in accordance with section IX.1 of this policy.

III. Prohibited Conduct

The University prohibits the following behavior. Related definitions also appear in section IV of this policy.

  1. Discrimination. Excelsior defines discrimination as an educational or employment-related decision that disadvantages a person that occurs because of the affected individual’s race, color, religion, ethnic or national origin, gender, age, disability, predisposing genetic characteristics, sexual orientation, gender identity, self-identified or perceived sex, gender expression, transgender status, military or veteran’s status, marital status, or any other characteristic protected by applicable law.Additionally, the policy prohibits discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom. This includes protections against the exclusion from academic and extracurricular engagement. Individuals who are pregnant or have a pregnancy-related condition are encouraged to contact Student Services who can provide appropriate support and modifications.
  2. Harassment Generally. Excelsior defines harassment as conduct that subjects an individual to inferior terms, conditions or privileges of employment or education and occurs on the basis of sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity or expression, race, color, religion, ethnic or national origin, age, disability, predisposing genetic characteristics, military or veteran’s status, marital status, or any other characteristic protected by applicable law. Whether harassment has occurred in violation of this policy depends on a consideration of all the circumstances, including the severity of the incident(s), whether the conduct was repeated, whether it was threatening or merely annoying, and the context in which the incident or interaction occurred.Harassment may be verbal, visual, physical, or written in electronic or print form. Merely by way of illustration, harassing acts may include racial, ethnic or religious slurs; name-calling that demeans on the basis of age, disability, physically harming or threatening another due to racial or religious animosity; vulgar pictures or ethnically offensive symbols or writings; or gestures that mimic or mock a person’s disability, race or age. 

    The fact that a person was personally offended by a statement or incident does not alone constitute a violation of this policy. The determination is based on a “reasonable person” standard and takes into account the totality of the circumstances. Excelsior considers the context of a communication or incident, the relationship of the individuals involved in the communication or incident, whether an incident was an isolated incident or part of a broader pattern or course of offensive conduct, the seriousness of the incident, the intent of the individual who engaged in the allegedly offensive conduct, and its effect or impact on the individual and the learning community.

    In all instances, a key factor is whether the complained-of behavior occurred because of one of, and/or offended on the basis of one of, the protected characteristics listed here. If it did not, the behavior is not regulated by this policy. Nevertheless, Excelsior reserves the right to discipline conduct that offends based on a protected characteristic even if the situation does not rise to the level of severity or pervasiveness to violate applicable law.

    Harassment when committed by an employee is a form of employee misconduct. With respect to harassment of employees, supervisors and managers who knew or should have known that harassment of their subordinates was occurring and failed to take responsive action may be subject to disciplinary action. A supervisor or manager who becomes aware of a situation that may constitute workplace harassment, including by witnessing the situation or receiving a complaint or report of harassment, is expected to notify the next level of supervision and the Title IX Coordinator.

  3. Sexual Harassment & Other Forms of Sexual Misconduct. Excelsior prohibits sexual harassment, sexual assault, domestic violence, dating violence, stalking and sexual exploitation (collectively referred to in this Policy as “Sexual Misconduct”). Sexual misconduct may occur between any individuals, regardless of their sex, sexual orientation, or gender.Excelsior expects that any sexual activity or contact will be based on mutual affirmative consent to the specific sexual activity. All references to consent in this policy will mean affirmative consent as defined in this policy.For purpose of sex-based harassment violations, the below conduct is prohibited even if the conduct occurs off-campus, outside the United States, the complainant is not participating or seeking to participate in the University’s education program or activity, or otherwise in circumstances over which the University does not have influence or control, including but not limited to conduct occurring during the University’s academic breaks. However, the University retains discretion to not respond to, investigate or adjudicate circumstances in which no University interest is implicated.

    Sexual relationships between faculty and students and staff and students are problematic due to the inherent power differential. Therefore, sexual or romantic relationships between faculty and students and between staff and students are strongly discouraged.

  4. Retaliation. The University prohibits retaliation against any individual who files a good-faith complaint or assists or participates in good faith in any manner in an investigation or proceeding conducted by the University or an external agency. Any retaliation is subject to disciplinary action, up to and including expulsion/termination. Allegations of retaliation will be subject to the disciplinary procedures noted in this policy for students, faculty, staff and non-community members and may also be addressed through relevant code of conduct or disciplinary provisions. Retaliation is against the law.

IV. Definitions

Advisor of Choice. An advisor of choice is a person selected by the complainant or respondent to advise and accompany the complainant or respondent throughout the investigation and adjudication process. An advisor of choice may be any person, including an attorney. The institution does not appoint or pay for an advisor of choice. An advisor of choice’s role is limited to the functions further described in this policy.

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

Coercion. Coercion is a threat, undue pressure, or intimidation to engage in sexual activity. Coercion is more than an effort to persuade, seduce, entice, or attract another person to engage in sexual activity. A person’s words or conduct are sufficient to constitute coercion if they deprive another individual of the ability to freely choose whether or not to engage in sexual activity.

Complaint. A complaint can be an oral or written request to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged sex discrimination at the University.

Complainant. The term complainant refers to the person who allegedly experienced the sexual misconduct in violation of the policy whether or not a complaint is filed. In some cases, the Title IX Coordinator may file a complaint and thereby initiate an investigation and adjudication process pursuant to this policy. In that instance, the Title IX Coordinator is not the “complainant;” the complainant remains the person who allegedly experienced the sexual misconduct. A complainant can be: (a) a student or employee who is alleged to have been subjected to conduct that could constitute sex-based discrimination (including harassment) as defined in this policy and who was participating or attempting to participate in the University’s education program or activity; or (b) a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex-based discrimination (including harassment) under these grievance procedures and who was participating or attempting to participate in the University’s education program or activity at the time of the alleged sex-based discrimination.

Consent. As used in this Policy, term “consent” always refers to “affirmative consent” (defined above). By way of further explanation, consent is free and informed permission. Consent given verbally is evidenced by affirmative agreement to engage in specific sexual activity. Consent through action is active participation in the specific sexual activity. Past consent to sexual activity cannot be presumed to be consent to engage in the same sexual activity in the future. Consent can be withdrawn at any time, and, if so, the sexual activity must cease. Consent to some sexual activity (e.g., kissing, fondling) cannot be presumed consent for other sexual activity (e.g., intercourse). Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another.

Certain conditions prevent a person from being able to consent. 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. A person cannot consent if they are unaware of the who, what, when and how of a sexual interaction. 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 or drugs or other intoxicants may be incapacitated and therefore unable to consent.

A person who has been drinking or using drugs is still responsible for ensuring that the person has the other person’s affirmative consent and/or appreciating the other person’s incapacity to consent. This means that, even if the accused was drunk or high and, as a result, did not realize that the other person was not consenting to or was unable to consent to sexual activity, the person who committed the non-consensual act is still responsible for having violated this policy. Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm.

Decision Maker. The decisionmaker is an impartial individual appointed by the Title IX Coordinator who is responsible for administering the adjudication process under section IX of this policy and rendering determinations regarding allegations of discrimination. The decisionmaker’s duties include:

  • Evaluating Evidence: Reviewing all relevant evidence presented, including testimony from the parties and witnesses, and making determinations about the relevance and admissibility of such evidence.
  • Maintaining Impartiality: Ensuring that the process is free from conflicts of interest or bias. The decisionmaker must not have served as the Title IX Coordinator, investigator, or advisor to any party in the case, nor participate in any appeals related to the case.
  • Rendering Determinations: Issuing a written determination regarding responsibility based on the preponderance of the evidence standard. This determination includes findings of fact, conclusions about whether the alleged conduct occurred, the rationale for the decision, and any disciplinary sanctions or remedies.
  • Ensuring Compliance: Adhering to federal and state laws, as well as the University’s policies and procedures related to nondiscrimination, Title IX and sex-based harassment.

The decisionmaker is required to undergo comprehensive training on the University’s Title IX procedures, the handling of evidence, and maintaining a fair and unbiased process. This training ensures that the decisionmaker is equipped to uphold the integrity and fairness of the Title IX grievance process.

Pregnancy or related conditions means

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

Sexual harassment. Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:

    1. Quid pro quo harassment. An employee, agent, or other person authorized by Excelsior to provide an aid, benefit, or service under Excelsior ’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. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from Excelsior’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:
      1. The degree to which the conduct affected the complainant’s ability to access Excelsior’s education program or activity;
      2. The type, frequency, and duration of the conduct;
      3. The parties’ ages, roles within Excelsior’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
      4. The location of the conduct and the context in which the conduct occurred; and
      5. Other sex-based harassment in Excelsior’s education program or activity; or
    3. Specific offenses.
      1. Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation (see below);
      2. Dating violence meaning 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:
      3. (1) The length of the relationship;
      4. (2) The type of relationship; and
      5. (3) The frequency of interaction between the persons involved in the relationship;
      6. Domestic violence meaning felony or misdemeanor crimes committed by a person
        who:
        (A) Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of Excelsior, 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) Shares a child in common with the victim; or
        (D) Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or
      7. Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
        (A) Fear for the person’s safety or the safety of others; or
        (B) Suffer substantial emotional distress.

Sexual assault. “Sexual assault” is a sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault consists of the following specific acts:

        1. Rape. The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This offense includes the rape of both males and females.
        2. Non-Consensual Sexual Contact. The touching of the private body parts (including genital area, anus, groin, buttocks or breast), whether under or over clothing, of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
        3. Incest. Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
        4. Statutory Rape. Non-forcible sexual intercourse with a person who is under the statutory age of consent. The statutory age of consent in New York is 17.

Sexual Exploitation: When one takes non-consensual sexual advantage of another. Examples of sexual exploitation include but are not limited to observing or recording others engaged in sexual or private activity (such as undressing or showering) without the consent of all involved; or taking intimate pictures of another but then distributing the pictures to others without the photographed person’s consent; or exposing one’s genitals in non-consensual circumstances; or having sex while knowingly infected with a transmissible disease and not informing one’s sexual partner.

Relevant means related to the allegations of sex discrimination under investigation as part of this policy. 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.

Reporting Party. The term reporting party refers to the person who made the report. This may or may not be the same as the complainant, a witness, or a bystander.

Respondent. The term respondent refers to the person alleged to have committed a violation of this policy.

Retaliation means intimidation, threats, coercion, or discrimination by any person, by the University, a student, or an employee or other person authorized by the University to provide aid, benefit, or service under the University’s education program or activity, for the purpose of interfering with any right or privileged secured by the policy, or because the person has reported information, made a complaint, testified, assisted or participated or refused to participate in any manner in an investigation, process, or proceeding under this policy, including an informal resolution process.

An act of retaliation may be anything that would tend to discourage an individual from reporting sexual misconduct, pursuing an informal resolution or complaint, or from participating in an investigation or adjudication as a party or a witness. A person who acts in good-faith is protected from retaliation. The fact that a statement is not determined to be proven or established following investigation and adjudication does not mean that the statement lacked good-faith; a person may provide inaccurate information believing it is accurate, which is still good-faith. If a person who makes a statement knowing that it is false, the person has acted without good-faith.

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 the University’s education program or activity, including measures that are designed to protect the safety of the parties or the University’s educational environment; or
        2. Provide support during the University’s Grievance Procedure for sex-based discrimination or during the informal resolution process.

V. Supportive Measures

Once a report is made under this policy, the complainant will be contacted by the Title IX Coordinator and offered individualized support as more fully described below. A report that triggers supportive measures need not be a formal complaint, and it may be made by a third-party (i.e., someone other than the complainant themself). Once the respondent is informed of a report or complaint, the respondent will be contacted by the Title IX Coordinator and offered individualized support as more fully described below.

Supportive measures are intended to restore or preserve, to the extent practicable, equal access to the University’s educational programs and activities and protect the safety of all parties without unreasonably burdening the other party or parties. Supportive measures must be non-disciplinary and non-punitive to the parties.

Supportive measures may include:

        • Counseling services
        • Extensions of deadlines or other course adjustments
        • Modifications to work or class schedules
        • Campus escort services
        • No contact orders
        • Changes in class, work, housing, or extracurricular activities
        • Leaves of absence
        • Increased security and monitoring of specific campus areas
        • Training and education programs related to sex-based harassment

These measures should not unreasonably burden either party and are meant to protect safety and support the educational environment during the grievance process. The University may change or end these measures after the grievance procedure, or continue them as needed.

The University will keep information about supportive measures confidential, sharing it only as necessary to provide the support or as legally required. Exceptions include:

        • Prior written consent from the person concerned
        • Disclosure to an authorized third party
        • Addressing conduct that may constitute sex-based harassment under Title IX
        • Compliance with federal laws and regulations
        • State or local law requirements, or FERPA regulations

Either party can request a review of decisions related to supportive measures. This review will be conducted by the VP of HR (or designee) if the individual seeking supportive measures is an employee or the Provost (or designee) if the individual seeking supportive measures, is a student. The VP of HR (or designee) or the Provost (or designee) can modify or reverse the decision if the University did not follow the outlined procedures. Parties can only challenge their own supportive measures unless the measures directly impact them (e.g., two-way no contact orders).

The University can remove a respondent from its programs or activities on an emergency basis if an individualized safety and risk analysis shows an imminent and serious threat to health or safety. The Respondent will be notified and can immediately challenge the decision by appealing in writing to the President or their designee.

For student employees, the University will determine whether these procedures apply based on whether their primary relationship with the University is educational and whether the alleged harassment occurred during employment-related work.

VI. Grievance/Reporting Process for Allegations of Discrimination

Excelsior has adopted grievance procedures that provide for the prompt and equitable resolution of 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 this policy, Title IX or the Title IX regulations.

Making a Complaint

A complaint can be made by:

        1. A student or employee of the University 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 the University 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 the University’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.

The respondent may be any person who is alleged to have violated the University’s prohibition on sex discrimination, including a student, employee, visitor, independent contractor, intern, or volunteer of the University. A complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail to:

Daniel Pascoe Aguilar, Title IX Coordinator
Pamela Jimenez, Deputy Title IX Coordinator
Email: TitleIX@excelsior.edu
Phone: +1-800-516-2273

https://www.excelsior.edu/about/transparency/title-ix/

If a complainant declines to make a formal complaint or does not wish to participate in the complaint and adjudication process, or the complainant’s identity is unknown, and the Title IX Coordinator determines there is sufficient cause to file a formal complaint, the Title IX Coordinator may file a complaint on behalf of the University.

The Title IX Coordinator will consider the wishes of the complainant not to proceed with the investigation and adjudication process. However, the Title IX Coordinator may file a formal complaint if the Title IX Coordinator determines that the allegations are such that it would be unreasonable not to proceed despite the wishes of the complainant.

In making this determination, the Title IX Coordinator will consider, among other factors, the risk that the alleged perpetrator will commit additional acts of sexual misconduct or other violence, which may be assessed by evaluating:

Factors used to determine whether to honor such a request not to pursue a complaint include, but are not limited to:

        • 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 discrimination would occur if a complaint were not initiated;
        • The severity of the alleged sex-based discrimination, including whether the sex-based discrimination, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the sex-based discrimination and prevent its recurrence;
        • The age and relationship of the parties, including whether the respondent is an employee of the recipient;
        • The scope of the alleged sex-based discrimination, including information suggesting a pattern, ongoing sex-based discrimination;
        • The availability of evidence to assist a decisionmaker in determining whether sex-based discrimination occurred; and
        • Whether the University could end the alleged sex-based discrimination and prevent its recurrence without initiating these grievance procedures.

Additionally, where the respondent is not enrolled at the University and is not employed by the University, the University may decline to process the complaint through the Grievance Process. The University may take the steps it deems appropriate under the circumstances, such as barring the individual from participating in education programs and activities.

Jurisdiction

The University’s Title IX Coordinator will determine if this policy applies to a complaint. This policy will apply when the following elements are met, in the reasonable determination of the Title IX Coordinator:

        • The conduct alleged occurred on or after August 1, 2024;
        • The conduct alleged occurred in the United States;
        • The conduct alleged occurred in the University’s education program or activity; and
        • The conduct alleged, if true, would constitute Sex-Based Discrimination as defined in this policy.

If all elements of jurisdiction are met, the University will investigate the allegations according to this policy as appropriate, unless informal resolution is pursued or unless there are grounds for dismissal of the complaint.

The University will communicate all such decisions in writing to the complainant. Any such dismissals shall be subject to appropriate appeal rights under this policy.

VII. Informal Resolution

In some cases, the parties may be interested in an informal resolution. If the University deems the case appropriate for this option, it will be offered to the parties. However, the Informal Resolution Process is not available if the respondent is a faculty or staff member and the complainant is a student in a sexual misconduct complaint.

The Informal Resolution Process is voluntary and involves a trained facilitator who helps the parties resolve the allegations. Participation is not mandatory, and either party can withdraw from the process at any time before a final written resolution is signed. If this happens, the complaint will proceed to the formal investigation and adjudication process. No one should feel pressured to participate in or withdraw from the process.

Supportive measures will be available to both parties during the Informal Resolution Process, just as they would be during the formal grievance process. If both parties agree to participate, the University will assign an impartial facilitator who is trained and free from conflicts of interest or bias.

The facilitator will help the parties communicate and find a mutually satisfactory resolution. They may meet separately with each party and can conduct meetings with the parties in different rooms or virtual spaces if preferred. The facilitator will keep all information received during the process confidential. They will not act as a witness in any proceedings if the process is terminated before a resolution.

A resolution is only reached if both parties agree. The facilitator may suggest possible resolutions but will not impose any outcome. If the Informal Resolution Process fails to result in an agreement, the complaint returns to the formal process. If a mutual resolution is reached, the facilitator will draft a document reflecting the agreement. Once signed by both parties, this document indicates that the complaint is resolved without further investigation or adjudication.

VIII. Investigation Procedures

When a complaint of discrimination or harassment is made, and there is no informal resolution, the University will appoint an investigator. The investigator can be someone from inside or outside the University, and more than one investigator may be appointed. The investigation process is impartial and fact-finding.

The investigator(s) will be free from conflicts of interest or bias. The parties will be informed of the investigator(s)’ identity and can object if they believe a conflict of interest or bias exists. An appropriate person will then decide if a new investigator should be selected. The Title IX Coordinator may consolidate cases involving related facts, such as cross-complaints or multiple complaints by the same complainant.

The University will provide written notice of all meetings or proceedings, including the date, time, location, participants, and purpose, with enough time for parties to prepare. In cases of sexual harassment or misconduct, the notice will include:

        • Identities of the involved parties
        • Date, time, location, and facts of the alleged violation
        • Policy provisions allegedly violated
        • Description of the investigation and adjudication process
        • Potential sanctions
        • Right to an advisor (who may be an attorney)
        • Right to inspect and review evidence
        • Notice that false statements are prohibited
        • Presumption of the respondent's innocence until a determination is made

If additional allegations are identified during the investigation, the Title IX Coordinator or designee will notify the parties.

Both parties will receive advance notice of any interviews or meetings they need to attend, including the date, time, location, participants, factual allegations, and purpose. They have the right to be accompanied by an advisor, who may be an attorney in sexual harassment or misconduct cases.

Unauthorized audio or video recordings are not allowed during investigation meetings or interviews. If the investigator records interviews, all parties will be informed.

During the investigation, both the complainant and respondent can provide information, submit documents, and request witnesses to be interviewed. They will not be interviewed together without consent. The investigator decides how to conduct the investigation and what information is relevant. The investigation usually includes witness interviews and reviewing documents. The University is responsible for gathering evidence. The investigator can decline to interview witnesses or gather information deemed irrelevant or inadmissible (e.g., sexual history with others, privileged materials, medical records without consent). The investigator determines the order and method of the investigation.

Opportunity for Inspection and Review of Evidence

The complainant and respondent will be provided an equal opportunity to inspect and review any relevant and not otherwise impermissible evidence obtained in the investigation directly related to the allegations gathered in the investigation and regardless of whether the information will be relied on in reaching a determination. Prior to the conclusion of the investigative report, the complainant and respondent, and each party’s advisor of choice, if any, will be provided a copy (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform) of the evidence, subject to redaction permitted and/or required by law. The parties and their advisors may not make photocopies or take photographs of the materials and are prohibited from disseminating any of the materials subject to inspection and review to any individuals outside of those engaged in the grievance process. The complainant and respondent will be provided with at least ten (10) days to submit a written response, which the investigator will consider prior to completion of the investigative report. The investigator will determine if additional investigation is necessary and, if so, will complete any additional investigative steps.

Investigative Report

At the conclusion of the investigation, the investigator will complete a written investigative report that fairly summarizes the relevant evidence. The investigator need not include information in the investigative report that the investigator determines is not relevant or is otherwise excludable. The investigator will submit the investigative report to the Title IX Coordinator.

In cases involving sexual harassment or other forms of sexual misconduct, at least ten (10) days prior to an adjudication process to determine whether there is responsibility for the allegations, the complainant and respondent, and each party’s advisor if any, will be provided a copy of the investigative report (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform), subject to redaction permitted and/or required by law. The parties and their advisors are prohibited from disseminating or disclosing the Investigative Report or any materials in the Investigative Report to any individuals outside of those engaged in the grievance process.

Timeframe

The University endeavors to complete the investigatory phase within 45 University business days. An investigation may be extended for good cause, such as witness unavailability, breaks in the academic schedule, or other similar circumstances.

Assessment of Cases Not Involving Sexual Misconduct

In cases that do not involve allegations of sexual harassment or any other forms of sexual misconduct, the investigator(s) will make a recommendation as to whether the complaint will be referred to the applicable disciplinary process. The investigation report, together with the parties’ response to the report, will be forwarded to the Title IX Coordinator, who will make a determination as to whether the complaint will be forwarded to the applicable disciplinary process. The complainant and accused will be informed in writing as to whether the complaint will be forwarded to the applicable disciplinary process, with an explanation of the basis for the outcome. If the determination is to not forward a complaint to a disciplinary process, there is no right to appeal.

IX. Adjudication Process

A complaint against a non-community member (e.g., a visitor, an alum, a vendor or contract employees) will be investigated but no formal policy or procedure applies. The University may opt to ban the non-community member from University programs and activities or take other appropriate responsive measures.

1. Resolution of Cases Involving All Forms of Discrimination and All Forms of Harassment, Except Sexual Harassment Involving Students
This policy applies University-wide and sets forth behavioral expectations for all. In cases only involving discrimination and harassment (other than sexual harassment involving a student as a party) cases will be adjudicated as follows:

Following the investigation described in section VIII of this policy, unless a case is resolved pursuant to section VII, a decision regarding responsibility (and consequences/sanctions, if appropriate) will be made by a decisionmaker appointed by the University. In most instances, the decisionmaker will make a decision as to responsibility based upon a preponderance of the evidence and, if so, discipline, based on the information contained in the investigation report. The parties may request to meet separately with the decision maker(s) if the party(ies) believe that additional information is relevant and/or the decisionmaker may request to meet separately with the party(ies), witnesses or otherwise gather additional information the decisionmaker(s) feels necessary. The decisionmaker will notify the parties in writing as to the outcome of the complaint.

2. Resolution of Cases Involving Sexual Harassment Involving a Student
No Live Hearing

        • The University does not conduct live hearings under this Grievance Procedure.
        • Following the investigation described in section VIII of this policy, unless a case is resolved pursuant to section VII, a decision regarding responsibility (and consequences/sanctions, if appropriate) will be made by a decisionmaker appointed by the University.
        • The decisionmaker will examine the investigation report and question parties and witnesses individually to assess credibility, provided credibility is both disputed and relevant.

Questioning Process

        • Parties can propose questions for the decisionmaker to ask during individual meetings with other parties or witnesses.
        • The parties may be accompanied by an advisor of choice.
        • These proposed questions will be evaluated in advance by the decisionmaker.
        • Parties will receive audio or audiovisual recordings or transcripts with enough time to propose follow-up questions.

Standard of Proof

The University uses the “preponderance of the evidence” standard, meaning it must be more likely than not that a violation occurred.

Evidence

        • To be relevant, evidence must be related to the allegations of sex-based harassment under investigation as part of this policy. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex-based harassment occurred, and evidence is relevant when it may aid the decisionmaker in determining whether the alleged sex-based harassment occurred.
        • Impermissible Evidence - The following types of evidence and related questions are impermissible and must not be accessed, considered, disclosed, or used by the University, except to determine if an exception applies, regardless of relevance:
        • Privileged Evidence
          • Any evidence protected under a privilege recognized by federal or state law, or evidence provided to a confidential resource, unless the privilege or confidentiality is voluntarily waived by the person to whom it is owed.
        • Medical and Psychological Records
          • Records made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with treatment provided to a party or witness, unless the University obtains voluntary, written consent from that party or witness for use in the University’s grievance procedures.
        • Evidence Related to Complainant’s Sexual History
          • Evidence regarding the complainant’s sexual interests or prior sexual conduct, except:
          • To prove that someone other than the respondent committed the alleged conduct.
          • To prove consent in specific incidents of prior sexual conduct between the complainant and the respondent.

Evaluating Evidence and Testimony

        • The decisionmaker evaluates relevant and permissible evidence for persuasiveness.
        • Determinations can be based on documentary, audiovisual, and digital evidence. The investigation report will often form the primary basis for the decisionmaker’s determination.
        • Credibility judgments will not be based on the status of the party or witness or stereotypes.
        • Credibility assessments should consider demeanor, plausibility, consistency, and reliability of testimony.
        • Stress or anxiety of the witness should not impact credibility judgments.
        • First-hand testimony is given the highest weight.
        • Third-party testimony is allowed but given lower weight.

Communication of Determination

        • The decision regarding whether sex-based harassment occurred will be communicated in writing to both parties simultaneously.
        • The written determination will include:
          • A description of the alleged harassment.
          • Information about the policies and procedures used.
          • Evaluation of the relevant evidence and the determination.
          • Any disciplinary sanctions and remedies provided.
          • Procedures for appeal.

Timeline

The determination will be issued within 30 University business days of completing the investigation, barring extenuating circumstances.

Finality of Determination

The determination becomes final either on the date the written result of any appeal is provided, or, if no appeal is made, when the appeal period expires.

Sanctions

The following are the sanctions that may be imposed upon students or organizations singly or in combination:

        • Warning: A formal statement that the behavior was unacceptable and that further infractions of any University policy, procedure, or directive may result in more severe disciplinary action.
        • Probation: A written reprimand for violation of the policy, providing for more severe disciplinary sanctions in the event that the Respondent is found in violation of any University policy, procedure, or directive within a specified period of time. Terms of the probation will be specified and may include denial of specified privileges, exclusion from extracurricular activities, no-contact orders, and/or other measures deemed appropriate.
        • Suspension: Cessation of student status for a definite period of time and/or until specific criteria are met.
        • Expulsion: Permanent termination of student status.
        • Withholding Degree and/or Diploma: The University may withhold a student’s degree and/or diploma for a specified period of time and/or deny a student participation in commencement activities.
        • Other Actions: In addition to or in place of the above sanctions, the decisionmaker may assign any other sanctions as deemed appropriate, including but not limited to the following:
          • Mandated counseling so the respondent has the opportunity to gain more insight into their behavior.
          • A “no contact" directive (including but not limited to continuation of a no contact directive imposed as a supportive measure) prohibiting contact with one or more identified persons, in person or through telephonic, electronic, written or other means. A no contact directive may include additional restrictions and terms.
          • Removing respondent from leadership roles or positions in University organizations or clubs.
          • Requiring the respondent to write a letter of apology.
          • Requiring unpaid service to the campus or local community stated in terms of type and hours of service.
          • Restitution for damage to or misappropriation of property, or for personal injury, and other related costs.
          • Loss, revocation or restriction of privileges (e.g., exclusion from specified locations).
          • Loss of honors privileges (e.g., preceptorships).
          • Monetary fines.

For those crimes of violence that the University is required by federal law to include in its Annual Security Report, the transcripts of students found responsible after a grievance process and appeal, if any, shall, as applicable, include the following notation:

        • Suspended after a finding of responsibility for a code of conduct violation;
        • Expelled after a finding of responsibility for a code of conduct violation; or
        • Withdrew with conduct charges pending.

Transcript notations for suspensions may be removed at the discretion of the University, but no earlier than one year after the conclusion of the suspension. Transcript notations for expulsion may not be removed.

For employees found responsible, discipline up to and including termination of employment will be imposed commensurate with the violation.

X. Appeals

In cases involving allegations of discrimination, including sexual harassment and/or other forms of sexual misconduct, a respondent or complainant may appeal: (1) a determination regarding responsibility, and (2) the University’s dismissal of a complaint or any allegations therein. If a party wishes to appeal a determination regarding responsibility or the dismissal of a complaint, the party must submit written notice to the Title IX Coordinator of the party’s intent to appeal within seven (7) days of receiving the written notification of the appealable decision.

A respondent or complainant may appeal on the following bases:

        • Procedural irregularity that affected the determination regarding responsibility or dismissal of the matter;
        • New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the determination regarding responsibility or dismissal of the matter; and
        • The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the determination regarding responsibility or dismissal of the matter. The professional experience of an individual need not disqualify the person from the ability to serve impartially. Furthermore, bias is not demonstrated by working in complainants’ or respondents’ rights organization.

In addition to the three bases for appeal, the University reserves the right to add additional bases for appeal that will be available equally to both the respondent and the complainant. Any additional bases of appeal that are added will not be applied retroactively to previous determinations and dismissals. In the case of a claimed procedural irregularity, bias or new information, the appeal must also include a statement of the likely impact of the claimed irregularity, bias, or newly discovered information on the proceedings. A preponderance of the evidence standard will be applied on appeal.

When a party submits a written notice of its intent to appeal to the Title IX Coordinator within seven (7) days of the appealable decision, Excelsior will notify the other party in writing and implement appeal procedures equally for both parties. If no written notice of either party’s intent to appeal is sent, then the written determination becomes final after the time period to file an appeal (seven (7) days) has expired.

In cases involving a student respondent, the appeal will be decided by a three-member Appeal Review Board appointed by the Title IX Coordinator. In cases where the respondent is an employee of the University, the Title IX Coordinator will assign a single Appeal Officer.

Each party will be given a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. Each party will have at least three (3) days to submit its written statement. If a party needs additional time, it can request such additional time from the decisionmaker for the appeal. Such requests will be granted on a case-by-case basis. If the decisionmaker for the appeal grants a request for additional time to submit a written statement, all parties will be granted the additional time. The decisionmaker for the appeal will not be the same person as the decisionmaker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator. The decisionmaker for the appeal will issue a written decision describing the result of the appeal and the rationale for the result. This decision will be provided to both parties simultaneously and in writing. Once the appeal decision has been sent to the parties, the appeal decision is final.

XI. Amnesty for Individuals Who Report Sexual Misconduct

The health and safety of every student at Excelsior is of utmost importance. Excelsior recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Excelsior strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to Excelsior officials. A student bystander acting in good faith or a reporting individual (including a Complainant/victim) that discloses any incident of domestic violence, dating violence, stalking or sexual assault to Excelsior’s officials or law enforcement will not be subject to Excelsior’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking or sexual assault. Notwithstanding the foregoing, Excelsior reserves the right to implement measures to protect the health and safety of patients or others who may be harmed (including but not limited to requiring substance abuse treatment and testing) and will comply with any obligations it may have to provide information to licensing authorities.

XII. Academic Freedom

Excelsior is a graduate institution at which academic freedom is necessary and valued. Excelsior will not construe this policy to prevent or penalize a statement, opinion, theory, or idea offered within the bounds of legitimate, relevant, and responsible teaching and learning.

XIII. Clery Act Compliance

The University is required to include for statistical reporting purposes the occurrence of certain incidents in its Annual Security Report (ASR). Names of individuals involved in incidents are not reported or disclosed in ASRs. In the case of an emergency or ongoing dangerous situation, the University will issue a timely warning to the campus. In such circumstances, the name of the alleged perpetrator may be disclosed to the community, but the name of the victim/complainant will not be disclosed.

The U.S. Department of Education’s information on campus safety and security can be located here:
https://ope.ed.gov/campussafety/#/

XIV. Coordination with Other Policies

A particular situation may potentially invoke one or more University policies or processes. The University reserves the right to determine the most applicable policy or process and to utilize that policy or process.

XV. Designation of Authority

Any person or title authorized by this policy to act or make a decision may delegate their authority to another when necessary to avoid a conflict of interest or for any other reason.

XVI. Application to Faculty and Staff

Other Excelsior policies or language in the employee handbook may overlap with this policy in a particular situation. This policy applies to any situation where a student is the complainant or respondent. In all other situations, the University reserves the right to apply this policy or another applicable University policy or process. The University will apply this policy to any situation where the University determines that Title IX requires the application of this policy.

XVII. Policy Compliance

The Title IX Coordinator has overall responsibility for the University’s institutional compliance with Title IX. The Deputy Coordinator assists the Coordinator. Any person with a concern about the University’s handling of a particular matter should contact
Daniel Pascoe Aguilar, Title IX Coordinator
Pamela Jimenez, Deputy Title IX Coordinator
Email: TitleIX@excelsior.edu
Phone: +1-800-516-2273
https://www.excelsior.edu/about/transparency/title-ix/

In addition to or as an alternative to the University’s internal process, or if dissatisfied with the outcome of the University’s process, a person may make a complaint to a governmental agency. These governmental agencies include:

The U.S. Department of Education, Office for Civil Rights is a federal agency responsible for ensuring compliance with Title IX and other federal laws, including Section 504 of the Rehabilitation Act. OCR may be contacted at 400 Maryland Avenue, SW, Washington, D.C. 20202-1100, 800.421.3481, E-mail: OCR@ed.gov, Web: http://www.ed.gov/ocr. OCR will investigate the complaint and determine if the University is in compliance with federal laws within OCR’s jurisdiction. If OCR finds non-compliance, OCR will ensure that the University returns to compliance. OCR may require an individual remedy for the individual complainant, where appropriate.

The New York State Division of Human Rights (DHR) enforces the Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., which prohibits sexual harassment in employment in New York State, and protects employees, and other individuals working in an employer’s workplace.

The DHR will investigate the complaint to determine if unlawful harassment occurred and if the circumstances amount to a violation of the law. If unlawful discrimination is found after a hearing, the DHR or the court may award relief, which varies, but may include requiring the employer to take action to stop the harassment, or redress the damage caused, including reversing an unlawful employment action, paying monetary damages, attorneys’ fees, and civil fines.

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, N.Y. 10458, 718.741.8400 https://dhr.ny.gov/. The DHR can be contacted at 888.392.3644 or visit https://dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form and contact information for DHR’s regional offices across New York State.

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An employee must file a complaint with the EEOC within 300 days from the conduct giving rise to the complaint. The EEOC also investigates complaints, but does not hold hearings or award relief. The EEOC may take other action including pursuing cases in federal court on behalf of complaining parties, or issuing a Right to Sue Letter that allows an individual to pursue their claims in federal court. Federal courts may award remedies if discrimination is found to have occurred.

The EEOC can be contacted by calling 800.669.4000 (800.669.6820 (TTY)), or visiting their website at https://eeoc.gov/ or via email at info@eeoc.gov. If an individual files an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the individual’s right to proceed in federal court.

XVIII. Student's Bill of Rights Involving Sexual Misconduct

All students have the right to:

        1. Make a report to local law enforcement and/or state police;
        2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
        3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by Excelsior;
        4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
        5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
        6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
        7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
        8. Be protected from retaliation by Excelsior, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of Excelsior;
        9. Access to at least one level of appeal of a determination;
        10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
        11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of Excelsior.
        12. Any University employee aware of a student’s pregnancy or related condition must provide the student with the Title IX Coordinator’s contact information and inform them that the Coordinator can help prevent discrimination and ensure equal access. If the employee believes the Coordinator is already aware, they are not required to provide this information. Upon notification of a student’s pregnancy or related condition, the Title IX Coordinator will contact the student to inform them of their rights and the process for filing complaints related to discrimination, harassment, or retaliation.

 

XIX. Training

The University must ensure that the following individuals receive training related to their duties under Title IX promptly upon hiring or change of position that alters their duties, and annually thereafter. This training must not rely on sex stereotypes.

        1. All Employees:
          • Obligation to address sex discrimination in the education program or activity.
          • Scope of conduct that constitutes sex discrimination under Title IX, including sex-based harassment.
          • Applicable notification and information requirements.
        2. Investigators, Decisionmakers, and Other Responsible Persons:
          • All training required for employees.
          • Obligations under Title IX grievance procedures.
          • How to serve impartially, avoiding prejudgment, conflicts of interest, and bias.
          • Meaning and application of “relevant” in relation to questions and evidence, including impermissible evidence types.
        3. Facilitators of Informal Resolution Processes:
          • All training required for employees.
          • Rules and practices of the informal resolution process.
          • How to serve impartially, avoiding conflicts of interest and bias.
        4. Title IX Coordinator and Designees:
          • All training required for employees, investigators, decisionmakers, and facilitators.
          • Specific responsibilities under Title IX.
          • Recordkeeping system requirements and compliance coordination.

 

XX. Recording Keeping

The University will maintain the following records for a period of at least seven years:

        1. For each complaint of sex discrimination, records documenting the informal resolution process or the grievance procedures utilized and the outcome.
        2. A record of each notification the Title IX Coordinator receives of information about conduct that reasonably may constitute sex discrimination under Title IX or this policy, including records documenting the actions taken in response.
        3. All materials used to provide training under section XIX of this policy. These training materials will be made available upon request for inspection by members of the public.

XXI. Accommodations

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

If the complainant or respondent discloses a disability, the Title IX Coordinator will consult, as appropriate, with Student Support to provide support to Students with disabilities to determine how to comply with applicable law including, without limitation, Section 504 of the Rehabilitation Act of 1973 in the implementation of any Supportive Measures, or any other reasonable accommodations requested during the Grievance Process.

XXII. Resources and Reporting

Any University community member who has been affected by a violation of this policy has the right to make a report to local law enforcement, and/or state police or choose not to report; to report the incident to the University; to be protected by the University from retaliation for reporting an incident; and to receive assistance and resources from the University.

Confidential and Non-Confidential Resources

The University encourages any person who has experienced sexual assault or other forms of sexual misconduct to talk to someone about what happened, so they can get the support needed. There are confidential resources available to members of the University community. Some of these resources maintain near complete confidentiality; talking to them is sometimes called a “privileged communication.” A confidential resource does not reveal the information shared with them without the disclosing person’s consent. A non-confidential resource is a person who is permitted to share information with others with a need to know. A University employee who is a non-confidential resource will disclose to as few individuals as possible, but a non-confidential resource does not have the ability to promise that they will not tell others within the University about the information that has been shared with them.

        1. Confidential Resources. A victim or other person affected, including an accused student, is encouraged to seek support for their emotional and physical needs. A person seeking confidential counseling or information about other supportive resources may contact the following for services that are available to students free of charge:ComPsych: Student Assistance Program
          Call: 866-899-1134
          TTY: 800-697-0353This confidential resource can provide information about locating medical providers in the victim’s geographic location and other support options, such as information about local shelters, support groups and legal services. The resource listed above is the only confidential resource on campus; all other employees of Excelsior should not be considered confidential.

          A report to a confidential resource is not a report to the University and will not result in remedial action or an investigation or disciplinary action. Any person who desires remedial action (such as a change in academic or work assignments) must contact one of the responsible administrators, listed below.

        2. Reporting to the University
          An individual may contact the Title IX Coordinator to obtain information about this policy and/or to file a report. No person need disclose details about an incident to obtain general information about the University’s policies and available resources. The following are Responsible employees available to receive a report of sexual misconduct:

          • Title IX Coordinator/Deputy Title IX Coordinator
          • Vice President of Human Resources or designee

          Any person who wishes for the University to take action is strongly encouraged to report to one of the individuals listed above. However, any University employee who is not designated as a confidential resource must report knowledge of sex-based discrimination, including sexual harassment, to the University’s Title IX Coordinator.

          Upon receiving a report, the Title IX Coordinator will discuss with the complainant available avenues and options. Options may include disciplinary action against the accused and remedial actions to ameliorate or correct the effects of the discrimination, harassment, or sexual misconduct. Other options may include a no contact directive, changes in academic or working arrangements to separate the Complainant and the accused. A complainant does not need to file a formal complaint and pursue disciplinary action in order to obtain supportive measures, such as changes in academic or working arrangements. The University will review the facts and circumstances of each case, as well as the complainant’s wishes, in deciding whether and what steps are reasonable and appropriate.

          Employees who believe that they are being subjected to harassment or discrimination in violation of this policy, or who have witnessed or otherwise become aware of behavior prohibited by this policy should promptly report that behavior to a supervisor, the Director of Human Resources or the Title IX Coordinator. All supervisors and managers are required to report all complaints of workplace discrimination and harassment that they receive or that they observe or become aware of immediately to the VP of Human Resources or the Title IX Coordinator even when the complaining employee asks to keep the complaint confidential, or indicates that they do not wish to file a formal complaint.

          Even Excelsior offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.

          A person may make a report to the Title IX Coordinator and request that no investigation or disciplinary action be taken. This may be the case where the individual is interested only in supportive measures. If the complainant elects not to proceed with a formal complaint at the time of report, they may return to the Title IX team and choose to proceed at a later date. Similarly, a person may make a formal complaint intending for the University to initiate the investigation and adjudication process, but later may request that the complaint be withdrawn. The University will endeavor to honor such requests to not initiate or to cease an investigation or withdraw a formal complaint unless the Title IX Coordinator determines that an investigation and/or adjudication process is necessary to ensure a safe, non-discriminatory environment for all members of the Excelsior community, including the individual(s) involved.

          The University retains the right to act upon any information that comes to its attention. If the University determines that a request not to proceed cannot be honored, the complainant will be so informed. However, in order to encourage participation in public awareness and advocacy events, if information is disclosed as part of such an event (such as Take Back the Night), the University is not obligated in that instance to commence an investigation. Where the only parties to the situation are employees, Excelsior will be less inclined to honor a request for confidentiality.

        3. Law Enforcement
          A victim of a crime is encouraged to, but is not required to, report the incident to local law enforcement and pursue criminal charges. The criminal process and the University’s disciplinary processes are not mutually exclusive or dependent on each other, meaning that a person may pursue either a criminal complaint or University complaint or both. Any internal University investigation and/or adjudication process will be conducted concurrently with any criminal justice investigation and proceeding that may be pending. Temporary delays in the University’s internal processes may be requested by local law enforcement authorities for the purpose of gathering evidence. Any requested temporary delay shall not last more than ten (10) days, except when local law enforcement authorities specifically request and justify a longer delay.In criminal cases, including non-consensual sex offenses, the preservation of evidence is critical and must be done properly and promptly. If you have been sexually assaulted, you should not wash your body or clothes, as evidence may be lost. New York State Police maintain a 24-hour hotline staffed by individuals trained to respond to sexual assault (844.845.7269).Additionally, orders of protection and other forms of legal protection may be available to individuals who have experienced or are threatened with violence by an Excelsior University community member or other person. In appropriate circumstances, an order of protection may be available that restricts the offender’s right to enter Excelsior property, and Excelsior will abide by a lawfully issued order of protection.

          University officials will, upon request, provide reasonable assistance to any member of the University community in obtaining an order of protection or, if outside of New York State, an equivalent protective or restraining order, including providing that person with:

          • a copy of an order of protection or equivalent when received by the University and providing that person with an opportunity to meet or speak with a University representative, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the other person’s responsibility to stay away from the protected person or persons;
          • an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension; and
          • assistance in contacting local law enforcement to effect an arrest for violating such an order of protection.

Additional Reporting Resources—Local and National

Hospitals

Albany Medical Center
3 New Scotland Avenue
Albany, NY 12208
Phone: 518-262-3125

St. Peter’s Hospital
315 S Manning Blvd
Albany, NY 12208
Phone: 518-525-1550

Ellis Hospital
1101 Nott Street
Schenectady, NY 12308
Phone: 518-243-4000

Police

Albany Police Department
Phone: 518-438-4000

Guilderland Police Department
Phone: 518-356-1501

Albany County Crime Victim and Sexual Violence Center

112 State Street, Room 1118
Albany, NY 12207
24-Hour Sexual Assault Hotline: 518-447-7716
Phone: 518-447-7100
Email: cvsvc@albanycounty.com
Website: www.albanycounty.com/cvsvc

New York State and National Domestic Violence Hotlines

NYS Domestic Violence and Sexual Assault Hotline: 800-942-6906
English & español/Multi-language Accessibility. Deaf or Hard of Hearing: 711
New York City Area: 1-800-621-HOPE (4673) or dial 311 TTY: 1-800-810-7444

For a listing of domestic violence hotlines by county, go to the New York State Domestic Violence Directory.

National Domestic Violence Hotline
24-Hour Hotline: 800-799-7299 or 800-787-3224 (TTY)

National Deaf Hotline Videophone
9am-5pm M-F: 855-812-1001 or deafhelp@thehotline.org

National Domestic Violence and Crime Victims Hotlines
Safe Horizon’s Domestic Violence Hotline: 800-621-HOPE (4673)
Safe Horizon’s Crime Victims Hotline: 866-689-HELP (4357)
Safe Horizon’s Rape and Sexual Assault Hotline: 212-227-3000 or call NYC’s 311
TDD phone number for all hotlines: 866-604-5350
Website: https://www.safehorizon.org/hotlines/

Stalking Resource Center
https://victimsofcrime.org/stalking-resource-center/

XXIII. Policy Dissemination and Training

This policy will be provided to all faculty and employees during annual training and posted on the University’s website. New students will be educated about this policy during orientation.

The Title IX Coordinator will provide educational materials to promote compliance with this policy and familiarity with its procedures.

XXIV. Compliance and Monitoring

The University will monitor compliance with this policy and address any violations. The policy will be reviewed annually to ensure that it meets legal requirements and effectively serves the community.