Human Resources

Limiting the physical jurisdiction of Title IX.

Previously, Title IX applied broadly, requiring schools to take action on harassing conduct even when that conduct occurred off-campus, or in SUNY Niagara programs abroad.  The new Title IX regulations apply only in cases where the alleged misconduct took place within the United States, and the alleged misconduct took place within SUNY Niagara’s “education program or activity.”  This means that conduct that occurs in locations outside of SUNY Niagara’s ownership or control, including off-campus locations, would not fall under Title IX, nor would conduct that occurs outside of the United States, even if it is part of a Study Abroad experience.  Similarly, online conduct that does not use SUNY Niagara’s computers or networks would not fall under Title IX.  It is important to note that individuals who experience sexual harassment or sexual violence in places or activities outside of the jurisdiction of Title IX may still report this under other SUNY Niagara policies and procedures.

Limiting who may file a complaint under Title IX.

In order to file a formal complaint, the complainant must be participating or attempting to participate, in an SUNY Niagara program or activity at the time the formal complaint is filed.  This means that graduates, former students, or visitors to campus cannot file a formal Title IX complaint.  It is important to note that these individuals may still report sexual misconduct under other SUNY Niagara policies and procedures.

Requiring actual knowledge of sexual harassment.

Previously, Title IX applied to sexual harassment that a school knew or should have known about.  In order for schools to be responsible for sexual harassment under Title IX, the new regulations require that they be provided with “actual knowledge” of the harassment.  This occurs when the College’s Title IX Coordinator or other individuals who have the authority to “institute corrective measures” receive notice of sexual harassment.

Requiring the filing of a formal complaint to initiate discipline

In order to proceed with disciplinary action for conduct and allegations that fall under Title IX, the College must be in receipt of a formal complaint that the complainant signs and submits electronically or in writing.  If the Title IX Coordinator believes that an investigation is necessary to protect the safety of the complainant or the SUNY Niagara community, the Title IX Coordinator may file a complaint on the complainant’s behalf, even if the complainant does not wish to do so.  In this case, the complainant will receive notice of any hearing dates, findings, or other relevant developments.

Providing notice to the respondent upon the filing of the complaint.

The College must provide the respondent to a complaint with notice of the allegations and the opportunity to secure an advisor of choice prior to any meetings or interviews under the Title IX process.  It is important to note that criminal investigations are conducted separately from Title IX investigations and are not subject to the Title IX notice requirement.

Allowing an advisor of choice the opportunity for cross-examination.

Complainants and respondents to a complaint may have an advisor of choice, who may ask questions of the other party after the hearing officers conduct their own questioning.  Please note that Title IX regulations do not allow parties to conduct cross-examination directly.  The advisor of choice may be an attorney, but this is not required.  The advisor may be anyone the party chooses, including the party’s parent, sibling, or other relative, or a friend, another student, or an SUNY Niagara employee.  SUNY Niagara will provide an advisor if the party does not have one.