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EXIT SITE
Title IX Grievance Policy and Procedure
effective 06/06/2024
A. Introduction
Title IX of the Educational Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access our educational programs and opportunities.
On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that:
- Defines the meaning of “sexual harassment” (including forms of sex-based violence) • Addresses how this University must respond to reports of misconduct falling within that definition of sexual harassment, and
- Mandates a grievance process that this University must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment.
See, 85 Fed. Reg. 30026 (May 19, 2020). The full text of the Final Rule and its extensive Preamble are available here: http://bit.ly/TitleIXReg
Based on the Final Rule, Stony Brook University will implement the following Title IX Grievance Policy, effective August 14, 2020.
In recent years, “Title IX” cases have become a short-hand for any campus disciplinary process involving sex discrimination, including those arising from sexual harassment and sexual assault. But under the Final Rule, Stony Brook University must narrow both the geographic scope of its authority to act under Title IX and the types of “sexual harassment” that it must subject to its Title IX investigation and adjudication process. Only incidents falling within the Final Rule’s definition of sexual harassment will be investigated and, if appropriate, brought to a live hearing through the Title IX Grievance Policy defined below.
Stony Brook University remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule.
Specifically, our campus has:
- ACode of Student Responsibility that defines certain behavior as a violation of campus policy, and a separate Sexual Misconduct & Reporting Policy that addresses the types of sex-based offenses constituting a violation of campus policy, and the procedures for investigating and adjudicating those sex-based offenses.
To the extent that alleged misconduct falls outside the Title IX Grievance Policy, or misconduct falling outside the Title IX Grievance Policy is discovered in the course of investigating covered Title IX misconduct, the University retains authority to investigate and adjudicate the allegations under the policies and procedures defined within the Code of Student Responsibility or Complaint Procedure for Allegations of Discrimination.
The elements established in the Title IX Grievance Policy under the Final Rule have no effect and are not transferable to any other policy of the College for any violation of the Code of Student Responsibility, employment policies, or any civil rights violation except as narrowly defined in this Policy. This Policy does not set a precedent for other policies or processes of the University and may not be cited for or against any right or aspect of any other policy or process.
Our existing Title IX office and reporting structure remains in place. What has changed is the way our Title IX office will handle different types of reports arising from sexual misconduct, as detailed in full throughout Section 2.
B. The Title IX Grievance Policy
a. Effective Date
This Title IX Grievance Policy will become effective on August 14, 2020 and will only apply to formal complaints of sexual harassment that occurred on or after August 14, 2020. Complaints regarding incidents occurring prior to August 14, 2020, will be investigated and adjudicated according to the Sexual Misconduct Policy and Procedure detailed in the Code of Student Responsibility or the Complaint Procedure for Allegations of Discrimination.
b. Revocation by Operation of Law
Should any portion of the Title IX Final Rule, 85 Fed. Reg. 30026 (May 19, 2020), be stayed or held invalid by a court of law, or should the Title IX Final Rule be withdrawn or modified to not require the elements of this policy, this policy, or the invalidated elements of this policy, will be deemed revoked as of the publication date of the opinion or order. All reports after that date, as well as any elements of the process that occur after that date if a case is not complete by that date of opinion or order publication,
shall also be revoked. Should the Title IX Grievance Policy be revoked in this manner, any conduct covered under the Title IX Grievance Policy shall be investigated and adjudicated under the existing Code of Student Responsibility or Complaint Procedure for Allegations of Discrimination.
c. Non-Discrimination in Application
The requirements and protections of this policy apply equally regardless of sex, sexual orientation, gender identity, gender expression, or other protected classes covered by federal or state law. All requirements and protections are equitably provided to individuals regardless of such status or status as a Complainant, Respondent, or Witness. Individuals who wish to file a complaint about the University’s policy or process may contact the Department of Education’s Office for Civil Rights.
d. No Conflict of Interest
The Title IX Coordinator or designee, or any investigator, decision-maker, or any person designated to facilitate an Informal Resolution Process, shall not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. If a conflict of interest is alleged, the designee, or any investigator, decision-maker, or any person designated to facilitate an Informal Resolution Process should inform the Title IX Coordinator immediately so that an alternate individual can be appointed. If a conflict of interest is alleged with regard to the Title IX Coordinator, the Title IX Coordinator will inform the Vice President for Student Affairs so that an alternate designee can be appointed.
a. Covered Sexual Harassment
For the purposes of this Title IX Grievance Policy, “covered sexual harassment” includes any conduct on the basis of sex that satisfies one or more of the following:
- An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
- Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity;
- Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent;
- Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.
- Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under New York domestic or family violence laws or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of New York.
- Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to-- (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.
Note that conduct that does not meet one or more of these criteria may still be prohibited under the Code of Student Responsibility.
b. Consent
For the purposes of this Title IX Grievance Policy, “consent” is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
c. Education Program or Activity
For the purposes of this Title IX Grievance Policy, Stony Brook University “education program or activity” includes:
- Any on-campus premises
- Any off-campus premises that Stony Brook University has substantial control over. This includes buildings or property owned or controlled by a recognized student organization. • Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of Stony Brook University’s programs and activities over which Stony Brook University has substantial control.
d. Formal Complaint
For the purposes of this Title IX Grievance Policy, “formal complaint” means a document – including an electronic submission - filed by a complainant with a signature or other indication that the complainant is the person filing the formal complaint, or signed by the Title IX Coordinator, alleging sexual harassment against a respondent about conduct within a Stony Brook University education program or activity and requesting initiation of the procedures consistent with the Title IX Grievance Policy to investigate the allegation of sexual harassment.
e. Complainant
For the purposes of this Title IX Grievance Policy, Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute covered sexual harassment as defined under this policy.
f. Relevant evidence and questions
“Relevant” evidence and questions refers to any questions and evidence that tends to make an allegation of sexual harassment more or less likely to be true.
“Relevant” evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of the Title IX Grievance Process:
- Evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless:
o They are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
o They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
- Evidence and questions that constitute, or seek disclosure of, information protected under a legally-recognized privilege, unless the privilege is waived..
- Any party’s medical, psychological, and similar records unless the party has given voluntary, written consent.
g. Respondent
For the purposes of this Title IX Grievance policy, Respondent means any individual who has been reported to be the perpetrator of conduct that could constitute covered sexual harassment as defined under this policy.
h. Privacy vs. Confidentiality
Consistent with the Code of Student Responsibility references made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean Stony Brook University offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. Stony Brook University will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.
i. Disability Accommodations
This Policy does not alter any obligations of the University under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance Process that do not fundamentally alter the Process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.
a. Any person may report sex discrimination, including sexual harassment
(whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.
Contact Information for the Title IX Coordinator:
Name: Marjolie LeonardTitle: Assistant Vice President, Title IX & ADA CoordinatorOffice Address: 201 Administration Building, Stony Brook, NY 11794-0251Email Address: titleix@stonybrook.eduTelephone Number: (631) 632-6280Website to File a Report: https://stonybrook.edu/reportItSuch a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator.
b. Confidential Reporting
The following Officials provide confidentiality:
- Counseling and Psychological Services (CAPS)
- Center for Prevention and Outreach
- SANE Program (Sexual Assault Nurse Examiner)
- Student Health Services
The following Officials will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited under this policy:
- Title IX Coordinator, Title IX Investigator, or designee
- The Office of Equity and Access
- The Office of Student Conduct and Community Standards
- Human Resources
- Labor Relations
- Responsible Employees:
o Senior Administrators (Directors and above and in the hospital, Nurse Managers and above)
o Chairs of Academic Department
o Supervisors
o Ombudsmen
o Assistant/Associate Directors in Campus Residences
o Residence Hall Directors
o Athletics Coaching Staff
o University Recognized Sport Club Coaches
o Deputy Title IX Coordinators
o Academic Faculty Members
o Professional Staff In:
- Academic Advisement
- Career Services
- Continuing Education
- Financial Aid
- Instructional Support
- Athletics
- Residential Life
- Student Activities or Student Affairs
a. Supportive Measures
Complainants and Respondents(as defined above), who report or respond to allegations that could constitute covered sexual harassment under this policy, have the right to receive supportive measures from Stony Brook University regardless of whether they desire to file a complaint. Supportive measures are non-disciplinary and non-punitive. The Title IX Coordinator or designee will promptly contact parties regarding the availability of supportive measures.
As appropriate, supportive measures may include, but not be limited to:
- Counseling
- extensions of deadlines or other course-related adjustments
- modifications of work or class schedules
- campus walk service
- restrictions on contact between the parties (no contact orders)
- changes in work or housing locations
- leaves of absence
- increased security and monitoring of certain areas of the campus
b. Emergency Removal
Stony Brook University retains the authority to remove a respondent from Stony Brook University’s program or activity on an emergency basis, where Stony Brook University (1) undertakes an individualized safety and risk analysis and (2) determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of covered sexual harassment justifies a removal.
If Stony Brook University determines such removal is necessary, the respondent will be provided notice and an opportunity to challenge the decision immediately following the removal. Details on emergency removals (Interim Suspension) can be found in Section II.1 of the Code of Student Responsibility.
c. Administrative Leave
Stony Brook University retains the authority to place a non-student employee respondent on administrative leave during the Title IX Grievance Process, consistent with the applicable collective bargaining agreement.
a. Filing a Formal Complaint
The timeframe for the Title IX Grievance Process begins with the filing of a Formal Complaint. The Grievance Process will be concluded within a reasonably prompt manner, and no longer than ninety (90) calendar days after the filing of the Formal Complaint, provided that the Process may be extended for a good reason, including but not limited to the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. The Title IX Coordinator, Investigator or designee may provide the parties with written notice extending the investigation and explaining the reason for the extension or delay when applicable. The procedure for applying for extensions is described below.
To file a Formal Complaint, a complainant must provide the Title IX Coordinator or designee a written, signed complaint describing the facts alleged. Complainants are only able to file a Formal Complaint under this Policy if they are currently participating in, or attempting to participate in, the education programs or activities of Stony Brook University including as an employee. For complainants who do not meet this criteria, the University may utilize existing policy procedures detailed in the Code of Student Responsibility or the Complaint Procedure for Allegations of Discrimination.
If a complainant does not wish to make a Formal Complaint, the Title IX Coordinator may determine a Formal Complaint is necessary. Stony Brook University will inform the complainant of this decision in writing, and the complainant need not participate in the process further but will receive all notices issued under this Policy and Process.
Nothing in the Title IX Grievance Policy or Code of Student Responsibility prevents a complainant from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process.
b. Informal Resolution
A complainant who files a Formal Complaint may elect, at any time, to address the matter through the Institution’s Informal Resolution Process. All Parties to a Formal Complaint must agree to enter the Informal Resolution Process through an informed written consent. The Informal Resolution Process will be concluded within a reasonably prompt manner, and no longer than ninety (90) calendar days after the filing of the Formal Complaint, provided that the Process may be extended for a good reason, including but not limited to the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. The Title IX Coordinator, Investigator or designee may provide the parties with written notice extending the investigation and explaining the reason for the extension or delay when applicable. The procedure for applying for extensions is described below.
c. Multi-Party Situations
The institution may consolidate Formal Complaints alleging covered sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of covered sexual harassment arise out of the same facts or circumstances.
d. Determining Jurisdiction
The Title IX Coordinator or designee will determine if the instant Title IX Grievance Process should apply to a Formal Complaint. The Process will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator:
- The conduct is alleged to have occurred on or after August 14, 2020;
- The conduct is alleged to have occurred in the United States;
- The conduct is alleged to have occurred in Stony Brook University’s education program or activity; and
- The alleged conduct, if true, would constitute covered sexual harassment as defined in this policy.
If all of the elements are met, Stony Brook University will investigate the allegations according to the Title IX Grievance Process.
e. Allegations Potentially Falling Under Two Policies
If the alleged conduct, if true, includes conduct that would constitute covered sexual harassment and conduct that would not constitute covered sexual harassment, the Title IX Grievance Process will be applied in the investigation and adjudication of all of the allegations.
f. Mandatory Dismissal
If any one of these elements are not met, the Title IX Coordinator or designee will notify the parties that the Formal Complaint is being dismissed for the purposes of the Title IX Grievance Policy. Each party may appeal this dismissal using the procedure outlined in “Appeals,” below.
g. Discretionary Dismissal
The Title IX Coordinator or designee may dismiss a Formal Complaint brought under the Title IX Grievance Policy, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if:
- A complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint;
- The respondent is no longer enrolled or employed by Stony Brook University; or,
- If specific circumstances prevent Stony Brook University from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.
Any party may appeal a dismissal determination using the process set forth in “Appeals,” below.
h. Notice of Dismissal
Upon reaching a decision that the Formal Complaint will be dismissed, the institution will promptly send written notice of the dismissal of the Formal Complaint or any specific allegation within the Formal Complaint, and the reason for the dismissal, simultaneously to the parties through their institutional email accounts. It is the responsibility of parties to maintain and regularly check their email accounts.
i. Notice of Removal
Upon dismissal for the purposes of Title IX, Stony Brook University retains discretion to determine if a violation of the Code of Student Responsibility or the Complaint Procedure for Allegations of Discrimination has occurred. If so, Stony Brook University will promptly send written notice of the dismissal of the Formal Complaint under the Title IX Grievance Process and removal of the allegations to the appropriate conduct process.
j. Notice of Allegations
The Title IX Coordinator or designee will draft and provide the Notice of Allegations to each party to the allegations of sexual harassment. Such notice will occur as soon as practicable, after the University receives a Formal Complaint of the allegations, if there are no extenuating circumstances.
The parties will be notified by their University email accounts if they are a student or employee, and by other reasonable means if they are neither.
The University will provide sufficient time for the parties to review the Notice of Allegations and prepare a response before any initial interview.
The Title IX Coordinator or designee may determine that the Formal Complaint must be dismissed on the mandatory grounds identified above, and will issue a Notice of Dismissal. If such a determination is made, each party to the allegations of sexual harassment identified in the Formal Complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations.
k. Contents of Notice
The Notice of Allegations will include the following:
- Notice of the University’s Title IX Grievance Process (including information on the informal resolution process) and a hyperlink (or hard copy if Notice cannot be sent by email) to a copy of the process.
- Notice of the allegations potentially constituting covered sexual harassment, and sufficient details known at the time the Notice is issued, such as the identities of the parties involved in the incident, if known, including the complainant; the conduct allegedly constituting covered sexual harassment; and the date and location of the alleged incident, if known.
- A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process. • A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney;
- A statement that before the conclusion of the investigation, the parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the University does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source, as required under 34 C.F.R. § 106.45(b)(5)(vi);
- A statement that prohibits knowingly making false statements or knowingly submitting false information during the grievance process as detailed in Section III.6 of the Code of Student Responsibility.
l. Ongoing Notice
If, in the course of an investigation, the University decides to investigate allegations about the complainant or respondent that are not included in the Notice of Allegations and are otherwise covered "sexual harassment” falling within the Title IX Grievance Policy, the University will notify the parties whose identities are known of the additional allegations by their University email accounts or other reasonable means.
The parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional charges.
m. Advisor of Choice and Participation of Advisor of Choice
Stony Brook University will provide the parties equal access to advisors and support persons; any restrictions on advisor participation will be applied equally.
Stony Brook University has a long-standing practice of requiring students to participate in the process directly and not through an advocate or representative. Students participating as Complainant or Respondent in this process may be accompanied by an Advisor of Choice to any meeting or hearing to which they are required or are eligible to attend. The Advisor of Choice is not an advocate. Except where explicitly stated by this Policy, as consistent with the Final Rule, Advisors of Choice shall not participate directly in the process as per standard policy and practice of Stony Brook University.
Stony Brook University will not intentionally schedule meetings or hearings on dates where the Advisors of Choice for all parties are not available, provided that the Advisors act reasonably in providing available dates and work collegially to find dates and times that meet all schedules.
Stony Brook University’s obligations to investigate and adjudicate in a prompt timeframe under Title IX and other college policies apply to matters governed under this Policy, and Stony Brook University cannot agree to extensive delays solely to accommodate the schedule of an Advisor of Choice. The determination of what is reasonable shall be made by the Title IX Coordinator or designee. Stony Brook University will not be obligated to delay a meeting or hearing under this process more than five (5) days due to the unavailability of an Advisor of Choice, and may offer the party the opportunity to obtain a different Advisor of Choice or utilize one provided by Stony Brook University.
n. Notice of Meetings and Interviews
Stony Brook University will provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings with a party, with sufficient time for the party to prepare to participate. Parties will also be informed that any statements made, or evidence provided to a non-confidential individual (as detailed in VIII.B.3.b.) may be used throughout the Title IX grievance process.
o. Delays
Each party may request a one-time delay in the Grievance Process of up to five (5) days for good cause (granted or denied in the sole judgment of the Title IX Coordinator, Director of Student Conduct and Community Standards or designee) provided that the requestor provides reasonable notice and the delay does not overly inconvenience other parties.
The Title IX Coordinator, Investigator or designee may provide the parties with written notice extending the investigation and explaining the reason for the extension or delay when applicable.
For example, a request to take a five day pause made an hour before a hearing for which multiple parties and their advisors have traveled to and prepared for shall generally not be granted, while a request for a five day pause in the middle of investigation interviews to allow a party to obtain certain documentary evidence shall generally be granted.
The Title IX Coordinator, Director of Student Conduct and Community Standards or designee shall have sole judgment to grant further pauses in the Process.
a. General Rules of Investigations
After issuing the Notice of Allegations, the Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will perform an investigation under a reasonably prompt timeframe of the conduct alleged to constitute covered sexual harassment.
Stony Brook University and not the parties, has the burden of proof and the burden of gathering evidence, i.e. the responsibility of showing a violation of this Policy has occurred. This burden does not rest with either party, and either party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from Stony Brook University and does not indicate responsibility.
Stony Brook University cannot access, consider, or disclose medical records without a waiver from the party (or parent, if applicable) to whom the records belong or of whom the records include information. Stony Brook University will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e. evidence that tends to prove and disprove the allegations) as described below.
Neither party is restricted from i discussing the allegations under investigation or to gather and present relevant evidence.
b. Inspection and Review of Evidence
Prior to the completion of the investigation, the parties will have an equal opportunity to inspect and review the evidence obtained through the investigation. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation.
Evidence that will be available for inspection and review by the parties will be any evidence that is directly related to the allegations raised in the Formal Complaint. It will include any:
- Evidence that is relevant, even if that evidence does not end up being relied upon by the University in making a determination regarding responsibility;
- Inculpatory or exculpatory evidence (i.e. evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a party or other source.
All parties must submit any evidence they would like the investigator to consider prior to when the parties’ time to inspect and review evidence begins.
The institution will send the evidence made available for each party and each party’s advisor, if any, to inspect and review (through an electronic format or a hard copy). Stony Brook University is not under an obligation to use any specific process or technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access.
The parties will have ten (10) calendar days to inspect and review the evidence and submit a written response by email to the investigator. After the ten (10) calendar day review and response period, the investigator will not be required to accept a late submission. The investigator will consider the parties’ written responses before completing the Investigative Report. After reviewing the parties’ written responses, the investigator may provide the parties’ with written notice extending the investigation and explaining the reason for the extension.
Any evidence subject to inspection and review will be available at any hearing, including for purposes of cross-examination.
The parties and their advisors must sign an agreement not to disseminate any of the evidence subject to inspection and review, not to photograph or otherwise copy the evidence or use such evidence for any purpose unrelated to the Title IX grievance process.
c. Inclusion of Evidence Not Directly Related to the Allegations
Evidence obtained in the investigation that is determined in the reasoned judgment of the investigator not to be directly related to the allegations in the Formal Complaint will not be disclosed, or may be appropriately redacted before the parties’ inspection to avoid disclosure of personally identifiable information of a student. Any evidence obtained in the investigation that is kept from disclosure or appropriately redacted will be documented in a “privilege log” that may be reviewed by the parties and their advisors.
d. Investigative Report
The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will create an Investigative Report that fairly summarizes relevant evidence, and will provide that Report to the parties at least ten (10) calendar days prior to the hearing in an electronic format or a hard copy for each party’s review and written response.
The Investigative Report is not intended to catalog all evidence obtained by the investigator, but only to provide a fair summary of that evidence.
Only relevant evidence (including both inculpatory and exculpatory – i.e. tending to prove and disprove the allegations - relevant evidence) will be referenced in the Investigative Report.
The investigator may redact irrelevant information from the Investigative Report when that information is contained in documents or evidence that is/are otherwise relevant.
a. General Rules of Hearings
Stony Brook University will not issue a disciplinary sanction arising from an allegation of covered sexual harassment without holding a live hearing unless otherwise resolved through the University’s informal resolution process.
The live hearing may be conducted with all parties physically present in the same geographic location, or, at Stony Brook University’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually through Zoom or any other acceptable digital platform. This technology will enable participants simultaneously to see and hear each other. At its discretion, Stony Brook University may delay or adjourn a hearing based on technological errors not within a party’s control. The Title IX Coordinator, Investigator or designee may provide the parties with written notice extending the hearing and explaining the reason for the extension or delay when applicable.
All proceedings will be recorded through audio recording.
Prior to obtaining access to any evidence, the parties and their advisors must sign an agreement not to disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to the Title IX Grievance Process. Once signed, this Agreement may not be withdrawn.
b. Continuances or Granting Extensions
Stony Brook University may determine that multiple sessions or a continuance (i.e. a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, Stony Brook University will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable.
c. Participants in the live hearing
Live hearings are not public, and the only individuals permitted to participate in the hearing are as follows:
Complainant and Respondent (The Parties)
Complainant and Respondent (The Parties)
- The parties cannot waive the right to a live hearing.
- The University may still proceed with the live hearing in the absence of a party, and may reach a determination of responsibility in their absence,
- Stony Brook University will not threaten, coerce, intimidate or discriminate against the party in an attempt to secure the party’s participation.
- The decision-maker cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing or refusal to answer cross examination or other questions.
- The parties shall be subject to the institution’s Rules of Decorum.
The Decision-maker
- The hearing body will consist of a single decision maker (the Hearing Officer). • The Hearing Officer will not have served as the Title IX Coordinator, Title IX investigator, or advisor to any party in the case, nor may any member of the hearing body serve on the appeals body in the case.
- The Hearing Officer will not have a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case. • The Hearing Officer will be trained on topics including how to serve impartially, issues of relevance, including how to apply the rape shield protections provided for complainants, and any technology to be used at the hearing.
- The parties will have an opportunity to raise any objections regarding the Hearing Officer’s actual or perceived conflicts of interest or bias at the commencement of the live hearing.
Advisor of choice
- The parties have the right to select an advisor of their choice, who may be, but does not have to be, an attorney.
- The advisor of choice may accompany the parties to any meeting or hearing they are permitted to attend, but may not speak for the party, except for the purpose of cross-examination • The parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a party does not select an advisor, the University will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at no fee or charge to the party.
- The advisor is not prohibited from having a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case. • The advisor is not prohibited from being a witness in the matter.
- If a party does not attend the live hearing, the party’s advisor may appear and conduct cross examination on their behalf.
- If neither a party nor their advisor appear at the hearing, Stony Brook University
will provide an advisor to appear on behalf of the non-appearing party.
- The advisors shall be subject to the University’s Rules of Decorum
Witnesses
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- Witnesses cannot be compelled to participate in the live hearing, and have the right not to participate in the hearing free from retaliation.
- Witnesses shall be subject to the University’s Rules of Decorum. [https://www.stonybrook.edu/commcms/oea-sm-tix/titleix/decorum-rules.php]
Other University Personnel
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Other University Personnel, including but not limited to a representative from the Stony Brook University Office of General Counsel, a representative from the Office of Student Conduct and Community Standards, and the Title IX Investigator, may also be present for the hearing.
d. Hearing Procedures
For all live hearings conducted under this Title IX Grievance Process, the procedure will be as follows:
- Hearing Officer will open and establish rules and expectations for the hearing; • The Parties will each be given the opportunity to provide opening statements; • The Hearing Officer will ask questions of the Parties and Witnesses;
- Parties will be given the opportunity for live cross-examination after the Hearing Officer conducts its initial round of questioning; During the Parties’ cross-examination, the Hearing Officer will have the authority to pause cross-examination at any time for the purposes of asking the Hearing Officer’s own follow up questions; and any time necessary in order to enforce the established Rules of Decorum.
- Should a Party or the Party’s Advisor choose not to cross-examine a Party or Witness, the Party shall affirmatively waive cross-examination through a written or oral statement to the Hearing Officer. A Party’s waiver of cross-examination does not eliminate the ability of the Hearing Officer to use statements made by the Party.
- After all parties and witnesses have presented statements and all questioning has been completed, closing statements are made first by the Respondent(s), then by the Complainant(s). Closing statements are intended to summarize the information previously introduced during the investigation process and hearing. During this time, both parties may also provide an impact statement on how the incident/allegation has affected their University experience. No questioning is allowed during or after closing statements.
e. Live Cross-Examination Procedure
Each party’s advisor will conduct live cross-examination of the other party or parties and witnesses. During this live-cross examination the advisor will ask the other party or parties and witnesses relevant questions and follow-up questions, including those challenging credibility directly, orally, and in real time.
Before any cross-examination question is answered, the Hearing Officer will determine if the question is relevant . Cross-examination questions that are duplicative of those already asked, including by the Hearing Officer may be deemed irrelevant if they have been asked and answered.
f. Review of Audio Recording
The audio recording of the hearing will be available for review by the parties subsequent to issuance of the determination. The recording of the hearing will not be provided to parties or advisors of choice but will be available for review upon request.
a. Standard of Proof
Stony Brook University uses the preponderance of the evidence standard for investigations and determinations regarding responsibility of formal complaints covered under this Policy. This means that the investigation and hearing determine whether it is more likely than not that a violation of the Policy occurred.
b. General Considerations for Evaluating Testimony and Evidence
Determinations regarding responsibility may be based in part, or entirely, on the objective evaluation of all relevant documentary, audiovisual, and digital evidence, as warranted in the reasoned judgment of the Hearing Officer.
The Hearing Officer shall not draw inferences regarding a party or witness’ credibility based on the party or witness’ status as a complainant, respondent, or witness, nor shall it base its judgments in stereotypes about how a party or witness would or should act under the circumstances.
Generally, credibility judgments should rest on the demeanor of the party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence.
Still, credibility judgments should not rest on whether a party or witness’ testimony is non-linear or incomplete, or if the party or witness is displaying stress or anxiety.
The Hearing Officer will afford the highest weight relative to other testimony to first-hand testimony by parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e. tending to prove and disprove the allegations) evidence will be weighed in equal fashion.
Except where specifically barred by the Title IX Final Rule, a witness’ testimony regarding third-party knowledge of the facts at issue will be allowed, but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred.
The Final Rule requires that Stony Brook University allow parties to call “expert witnesses” for direct and cross examination. Stony Brook University does not provide for expert witnesses in other proceedings. While the expert witness will be allowed to testify and be cross examined as required by the Final Rule, the decision-maker will be instructed to afford lower weight to non-factual testimony of the expert relative to fact witnesses, and any expert testimony that is not directed to the specific facts that occurred in the case will be afforded lower weight relative to fact witnesses, regardless of whether the expert witness testimony is the subject of cross examination and regardless of whether all parties present experts as witnesses.
The Final Rule requires that Stony Brook University allow parties to call character witnesses to testify. While the character witnesses will be allowed to testify and be crossed as required by the Final Rule, the decision-maker will be instructed to afford very low weight to any non-factual character testimony of any witness.
The Final Rule requires that Stony Brook University admit and allow testimony regarding polygraph tests (“lie detector tests”) and other procedures that are outside of standard use in academic and non academic conduct processes. While the processes and testimony about them will be allowed to testify and be cross examined as required by the Final Rule, the Hearing Officer will be instructed to afford lower weight to such processes relative to the testimony of fact witnesses.
Where a party or witness’ conduct or statements demonstrate that the party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the Hearing Officer may draw an adverse inference as to that party or witness’ credibility.
c. Components of the Determination Regarding Responsibility
The written Determination Regarding Responsibility will be issued simultaneously to all parties through their University email account, or other reasonable means as necessary. The Determination will include:
- Identification of the allegations potentially constituting covered sexual harassment; 2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held; 3. Findings of fact supporting the determination;
- Conclusions regarding which policies if any, the respondent has or has not violated. 5. For each allegation:
- A statement of, and rationale for, a determination regarding responsibility;
- A statement of, and rationale for, any disciplinary sanctions (possible sanctions for student respondents are detailed in Section V. of the Code of Student Responsibility) the University imposes on the respondent; and
- A statement of, and rationale for, whether remedies designed to restore or preserve equal access to the University’s education program or activity will be provided by the recipient to the complainant; and
- The University’s procedures and the permitted reasons for the complainant and respondent to appeal (described below in “Appeal”).
d. Timeline of Determination Regarding Responsibility
If there are no extenuating circumstances, the determination regarding responsibility will be issued by Stony Brook University within ten (10) business days of the completion of the hearing.
e. Finality
The determination regarding responsibility becomes final either on the date that the University provides the parties with the written determination of the result of the appeal, if an appeal is filed consistent with the procedures and timeline outlined in “Appeals” below, or if an appeal is not filed, the date on which the opportunity to appeal expires.
Each party may appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a determination regarding responsibility. To appeal, a party must submit their written appeal within seven (7) calendar days of being notified of the decision, indicating the grounds for the appeal.
The limited grounds for appeal available are as follows:
- Procedural irregularity that affected the outcome of the matter (i.e. a failure to follow the University’s own procedures);
- New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; • The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter.
- The sanction(s) imposed is/are disproportionate in relation to the student’s conduct records and/or the nature of the violation.
The submission of appeal stays any sanctions for the pendency of an appeal. Supportive remain available during the pendency of the appeal.
If a party appeals, the University will as soon as practicable notify the other party in writing of the appeal, however the time for appeal shall be offered equitably to all parties and shall not be extended for any party solely because the other party filed an appeal.
Appeals will be decided by an Appeal’s Panel, who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or the Hearing Officer in the same matter.
Outcome of appeal will be provided in writing simultaneously to both parties, and include rationale for the decision.
Stony Brook University will keep the identity of any individual who has made a report or complaint of sex discrimination confidential, including the identity of any individual who has made a report or filed a Formal Complaint of sexual harassment under this Title IX Grievance Policy, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding under this Title IX Grievance Policy.
No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations.
No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Title IX Grievance Policy.
Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations constitutes retaliation. This includes any charges filed against an individual for conduct that do not involve sex discrimination or sexual harassment, but that arise from the same facts or circumstances as a report or complaint of sex discrimination or a report or Formal Complaint of sexual harassment. Stony Brook University strongly encourages students to report sexual harassment or sex discrimination to University officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of sexual harassment or sex discrimination to Stony Brook University officials or law enforcement will not be subject to Stony Brook University Code of Student Responsibility action for violations of policies occurring at or near the time of the commission of sexual harassment or sex discrimination
Complaints alleging retaliation may be filed according to the Office of Equity and Access’ Complaint Procedure for Allegations of Discrimination.
You have the right to make a report to University Police, local law enforcement and/or state police or choose not to report; to report the incident to the University, to be protected by the University from retaliation for reporting an incident; and to receive assistance and resources from the University.
N.Y. Educ. Law 129-B §6444
Stony Brook offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.
N.Y. Educ. Law § 129-B §6446
At Stony Brook University, we value all students, employees, and job candidates as unique individuals, and we welcome the variety of experiences they bring to our institution. As such, we have a strict non-discrimination policy. It is the policy of Stony Brook University not to discriminate on the basis of race, color, national origin, religion, sex, pregnancy, familial status, sexual orientation, gender identity or expression, age, genetic information, disability, protected veteran status, or any other characteristic protected by law.