Title IX Grievance Procedure

Title IX Grievance Procedure

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

This Procedure applies to incidents that occur on or after August 1, 2024. Any incidents reported under this Procedure that occurred on or before July 31, 2024, will be processed through the institution’s Title IX policy in effect on the date of the alleged incident. 

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Scope of Procedure

SUNY Orange is committed to the prompt and equitable resolution of sex discrimination Complaints made by students, employees, or other individuals who are participating or attempting to participate in its Education Program or Activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.

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

Title IX’s prohibition on sex discrimination includes sex-based harassment in the form of quid pro quo harassment, hostile environment harassment, and specific offenses (sexual assault, dating violence, domestic violence, and stalking).

Jurisdiction of the College’s Education Program or Activity

Title IX and its regulations apply to SUNY Orange’s Education Program or Activity as a whole.  Conduct that occurs under SUNY Orange’s Education Program or Activity includes but is not limited to conduct that occurs in a building or property owned or controlled by the College or an activity subject to the College’s disciplinary authority.  The alleged conduct may occur while trying to access the College’s Education Program or Activity either within or outside the United States.

In the limited circumstances in which Title IX permits different treatment or separation on the basis of sex, the College must not carry out such different treatment or separation in a manner that discriminates on the basis of sex by subjecting a person to more than de minimis harm, except as permitted by law.

Key Definitions 

1. Complainant means: 

(a) a student or employee who is alleged to have been subjected to conduct that could constitute sex-based harassment as defined in this procedure and who was participating or attempting to participate in SUNY Orange’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 harassment under these grievance procedures and who was participating or attempting to participate in SUNY Orange’s Education Program or Activity at the time of the alleged sex-based harassment. 

2. Complaint means an oral or written request to SUNY Orange that objectively can be understood as a request for SUNY Orange to investigate and make a determination about alleged sex discrimination at the institution. 
3. Disciplinary Sanctions means consequences imposed on a Respondent following a determination under this grievance procedure that the Respondent violated SUNY Orange’s prohibition of sex discrimination. 
4. Education Program or Activity means all of the operations of a college, university, or other postsecondary institution, or a public system of higher education.
5. Party means Complainant or Respondent. 
6. Peer Retaliation means retaliation by a student against another student. 
7. Pregnancy or related conditions means

(a) Pregnancy, childbirth, termination of pregnancy, or lactation;

(b) Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or

(c) Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions

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

(1) Quid pro quo harassment. An employee, agent or other person authorized by SUNY Orange’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 SUNY Orange’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. 1. 1. The degree to which the conduct affected the Complainant’s ability to access SUNY Orange’s Education Program or Activity;  
      2. The type, frequency, and duration of the conduct;  
      3. The Parties’ ages, roles within SUNY Orange’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 SUNY Orange’s Education Program or Activity.

(3) Sexual Assault (as defined in the Clery Act) means any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent; 

(4) Dating Violence (as defined in the Violence Against Women Act (VAWA) Reauthorization of 2022 and the VAWA Amendments to the Clery Act) means any violence committed by a person: 

(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and  

(B) Where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.

(5) Domestic Violence means any felony or misdemeanor crimes committed by a person who: 

(A) Is a current or former partner of the victim under the family or domestic violence laws of New York, or a person similarly situated to a spouse of the victim; 

(B) Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; 

(C) Shared a child in common with the victim; or  

(D) Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of New York; or 

(6) Stalking means 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. 

13. Student means a person who has gained admission. 
14. Supportive Measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to: 

1) Restore or preserve that Party’s access to SUNY Orange’s Education Program or Activity, including measured that are designed to protect the safety of the Parties or SUNY Orange’s educational environment; or 

2) Provide support during SUNY Orange’s Grievance Procedure for sex discrimination and informal resolution process.

Essential Requirements of the Title IX Grievance Procedure:

1. Equitable Treatment: SUNY Orange will treat Complainants and Respondents equitably.
2. Conflicts and Bias: SUNY Orange requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. A decisionmaker may be the same person as the Title IX Coordinator or investigator.
3. Presumption: SUNY Orange presumes that the Respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its Grievance Procedure.
4. Reasonably Prompt Timeframes: SUNY Orange has established timeframes for the major stages of the grievance procedures: The College will do its best effort to work through the following stages in the following timeframes—evaluation (7 days); investigation (45 days); decision making state (14 days) and appeal decision (14 days).
5. Extensions: SUNY Orange has also established the following process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the Parties that includes the reason for the delay: The Title IX Coordinator will inform all parties of any delays and the reason for the delays.
6. Privacy: SUNY Orange will take reasonable steps to protect the privacy of the Parties and witnesses during its grievance procedure. These steps will not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedure. The Parties cannot engage in retaliation, including against witnesses.
7. Objectivity: SUNY Orange will objectively evaluate all evidence that is relevant and not otherwise impermissible including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.
8. Impermissible Evidence: The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by SUNY Orange to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:
   1. Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
   2. A Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless SUNY Orange obtains that Party’s or witness’s voluntary, written consent for use in its grievance procedures; and
   3. Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

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Disability Accommodations 

A. Generally

This Procedure does not alter any institutional obligations under federal and state disability laws, including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance Procedure that do not fundamentally alter the Procedure. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.

B. Supportive Measures

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

Reporting Sex Discrimination to the Institution 

1. Complaints

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

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

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

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

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

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

Complaints may be submitted in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. 

2. Public Awareness Events

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

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

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

Supportive Measures 

1. Providing Supportive Measures

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

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

• • Counseling services;
  • Extensions of deadlines or other course-related adjustments;
  • Modifications of work or class schedules;
  • Campus escort services, as available;
  • Restrictions on contact applied to one or more Parties (no contact orders)
  • changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative;
  • Leaves of absence;
  • Increased security and monitoring of certain areas of the campus; or
  • Training and education programs related to sex-based harassment. 

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

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

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

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

2. Process for Review of Supportive Measures

SUNY Orange provides for a Complainant or Respondent to seek modification or reversal of SUNY Orange’s decision to provide, deny, modify or terminate a supportive measure.  They should provide a written request for a review to the Title IX Coordinator.

This review will be done by an impartial employee of SUNY Orange, who did not make the challenged decision on the original supportive measure request. The impartial employee of SUNY Orange who makes this determination will have the authority to modify or reverse the decision if that impartial employee determines that the decision to provide, deny, modify or terminate the supportive measure was inconsistent with the procedure as outlined above for providing supportive measures in accordance with the Title IX regulations. 

Parties are only allowed to challenge their own individual supportive measures. Challenges by one Party will not be heard to supportive measures afforded to the opposite Party, unless that supportive measure directly impacts the Party making such challenge (i.e., two-way no contact orders). 

3. Emergency Removal

SUNY Orange retains the authority to remove a Respondent from SUNY Orange’s Education Program or Activity on an emergency basis, where SUNY Orange (1) undertakes an individualized safety and risk analysis, and (2) determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of sex-based harassment justifies removal. 

SUNY Orange will provide the Respondent with notice and an opportunity to challenge the decision immediately following the removal. Please refer to the Code of Conduct for the removal process and appeal process.

4. Administrative Leave

SUNY Orange retains the authority to place a non-student employee Respondent on administrative leave during the Title IX Grievance Procedure, consistent with its managerial rights. 

Student employees will be treated based upon their primary relationship with the College. 

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The Title IX Grievance Procedure for Sex Discrimination

1. Filing a Complaint 

Who can make a Complaint? 

• • A Complainant, which includes: a student or employee of SUNY Orange who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or a person other than a student or employee of SUNY Orange who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in SUNY Orange’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. 

Title IX Coordinator initiated Complaints: In the absence of a Complaint or the withdrawal of any or all of the allegations in a Complaint, and in the absence or termination of an informal resolution process, the Title IX Coordinator must determine whether to initiate a Complaint of sex-based harassment. This determination is fact-specific, and the Title IX Coordinator must consider:

• • The Complainant’s request not to proceed with the initiation of a Complaint; 
  • The Complainant’s reasonable safety concerns regarding initiation of a Complaint; 
  • The risk that additional acts of sex-based harassment would occur if a Complaint were not initiated; 
  • The severity of the alleged sex-based harassment, including whether the sex-based harassment, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the sex-based harassment and prevent its recurrence; 
  • The age and relationship of the Parties, including whether the Respondent is an employee of the recipient; 
  • The scope of the alleged sex-based harassment, including information suggesting a pattern, ongoing sex-based harassment, or sex-based harassment alleged to have impacted multiple individuals; 
  • The availability of evidence to assist a decisionmaker in determining whether sex-based harassment occurred; and 
  • Whether SUNY Orange could end the alleged sex-based harassment and prevent its recurrence without initiating these grievance procedures. 

If after considering these and other relevant factors, the Title IX Coordinator determines that the conduct as alleged presents as an imminent and serious threat to the health or safety of the Complainant or other person, or that the conduct as alleged prevents SUNY Orange from ensuring equal access on the basis of sex to its Education Program or Activity, the Title IX Coordinator may initiate a Complaint. 

If the Title IX Coordinator does initiate the Complaint after making this determination, the Title IX Coordinator must notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including by providing supportive measures.

Format of Complaint

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

How to file a Complaint? 

Complaints can be filed with SUNY Orange’s Title IX Coordinator or Deputy Coordinator.  Below is their contact information:

Iris Martinez-Davis, Title IX Coordinator
Associate Vice President Human Resources/Affirmative Action Officer
Orange Hall, Middletown, NY 10940
(845) 341-4662
Iris.martinezdavis@sunyorange.edu

Madeline Torres-Diaz, Title IX Deputy Coordinator for Students
AVP for Student Engagement & Completion
Shepard Student Center
(845) 341-4407
madeline.torresdiaz@sunyorange.edu

 

When will complaints be consolidated?

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

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2. Allegations Potentially Falling Under Two Policies:

If allegations are covered under Title IX and non-Title IX policies, the College will perform one investigation utilizing the Title IX process and make two different determinations based upon the relevant criteria of the two processes. 

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3. The Grievance Process.

Notice of Allegation(s)

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

• SUNY Orange’s Title IX grievance procedure and any informal resolution process;
• Sufficient information available at the time to allow the Parties to respond to the allegations, including the identities of the Parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
• That Retaliation is prohibited; and
• The Parties shall receive a description of all relevant and not otherwise impermissible evidence. The Parties shall be an opportunity upon request to access the relevant and not otherwise impermissible evidence.

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

Investigation

SUNY Orange will provide for a reliable and impartial investigation of Complaints. The burden is on SUNY Orange—not on the Parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred based upon a preponderance of the evidence.

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

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

SUNY Orange will provide an accurate description of the evidence and upon request by either party an equal opportunity to access the relevant and not otherwise impermissible evidence at least seven days prior to the determination phase. 

SUNY Orange will provide a reasonable opportunity for the Parties to respond to the evidence or the accurate description of the evidence; and

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

Impermissible Evidence

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

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

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

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

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

Each Party shall have the opportunity to propose questions that the Party wants asked of any Party or witness and have those questions asked by the investigator/decisionmaker during one or more individual meetings, including follow-up meetings, with a Party or witness, subject to the appropriate procedures outlined herein regarding the decisionmaker’s advance evaluation of all questions. Each Party will be provided with an audio or audiovisual recording or transcript with enough time for the Party to have a reasonable opportunity to propose follow-up questions.[1]

Decisionmaker regarding responsibility

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

• Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded by the evidence, under the applicable standard, that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
• Notify the Parties in writing of the determination whether sex discrimination occurred under Title IX, including the rationale for such determination, and the procedures and permissible bases for the Complainant and Respondent to appeal, if applicable;
• Not impose discipline on a Respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedure that the Respondent engaged in prohibited sex discrimination.
• If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
  • Coordinate the provision and implementation of remedies to a Complainant and other people SUNY Orange identifies as having had equal access to SUNY Orange’s Education Program or Activity limited or denied by sex discrimination;
  • Coordinate the imposition of any disciplinary sanctions on a Respondent, including notification to the Complainant of any such disciplinary sanctions; and
  • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within SUNY Orange’s Education Program or Activity.
• Comply with the grievance procedure before the imposition of any disciplinary sanctions against a Respondent; and
• Not discipline a Party, witness, or others participating in the grievance procedure for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred. This does not apply to a complaint or statement made in bad faith.

Informal Resolution

At any time after the grievance procedure is initiated, the Parties may provide voluntary, written notice to participate in an informal resolution process.  Please note that informal resolution is not available when allegations include sexual misconduct (assault, dating violence, domestic violence, or stalking) or if the allegations involve employee on student sex-based harassment.

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

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

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

Prior to the commencement of informal resolution the Parties must receive a written notice that explains:

• The allegations;
• The requirements of the informal resolution process;
• That, prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and to initiate or resume SUNY Orange’s Procedure;
• That the Parties’ agreement to a resolution at the conclusion of the informal resolution process would preclude the Parties from initiating or resuming SUNY Orange’s Grievance Procedure arising from the same allegations;
• The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties; and
• What information SUNY Orange will maintain and whether and how SUNY Orange could disclose such information for use in its Grievance Procedure if they are resumed.

At any time after the commencement of the informal resolution process, the Title IX Coordinator or Facilitator may determine that the informal resolution process is not an appropriate method for resolving the matter, and may require that the matter be resolved through the Grievance Procedure. This determination is not subject to appeal.  Factors that may be considered include, but are not limited to, the gravity of the allegations, whether there is an ongoing threat of harm or safety to the campus, whether the Respondent is a repeat offender, whether the alleged conduct would present a future risk of harm to others, and whether the Parties are participating in good faith.

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

Role of the Facilitator

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

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

• SUNY Orange’s obligation to address sex discrimination, including Sex-Based Harassment, in its Education Program or Activity;
• The scope of conduct that constitutes sex discrimination, including Sex-Based Harassment, under Title IX, including the definition of Sex-Based Harassment;
• All applicable notification and information requirements related to parental, family, or marital status, including pregnancy and related conditions, and SUNY Orange’s response to sex discrimination;
• The rules and practices associated with SUNY Orange’s informal resolution process; and
• How to serve impartially, including by avoiding conflicts of interest and bias.

Contents of Informal Resolution Agreements

Potential terms that may be included in an informal resolution agreement between the Parties include but are not limited to:

• Apology;
• Restrictions on contact; and/or
• Restrictions on the Respondent’s participation in one or more of SUNY Orange’s education programs or activities or attendance at specific events, including restrictions SUNY Orange could have imposed as Remedies or Disciplinary Sanctions had SUNY Orange determined at the conclusion of the Grievance Procedure that Sex-Based Harassment occurred.

Breach of Informal Resolution Agreements

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

Confidentiality:

In entering the informal resolution process, the Parties agree that any testimony and evidence (including admissions of responsibility) they share or receive during the informal resolution process concerning the allegations of the Complaint are confidential while the Parties participate in the informal resolution process. No evidence concerning the allegations obtained within the informal resolution process may be disseminated to any person, provided that any Party to the informal resolution process may generally discuss the allegations under investigation with a parent, friend, advisor, or other source of emotional support, or with an advocacy organization. Should the Parties withdraw from the informal resolution process, information disclosed or obtained for purposes of the informal resolution process may not be incorporated into the Grievance Procedure.

Informal Resolution Options:

SUNY Orange offers the following informal resolution process for addressing sex-based harassment under this Grievance Procedure:

• Administrative Resolution
• Facilitated Dialogue
• Mediation

 Dismissal of a Complaint 

Bases for Dismissal 

SUNY Orange may dismiss a Complaint of sex discrimination for any of the following reasons: 

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

Notice of Dismissal 

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

SUNY Orange notify the Complainant that a dismissal may be appealed and will provide the Complainant with an opportunity to appeal the dismissal of a Complaint. If the dismissal occurs after the Respondent has been notified of the allegations, then SUNY Orange will also notify the Respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:

• Procedural irregularity that would change the outcome;
• New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
• The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome.

Appeal of Dismissals and Determinations

SUNY Orange offers the following process for appeals from a dismissal or a determination whether sex discrimination occurred.  Appeals may only be made on the following bases:

• Procedural irregularity that would change the outcome;
• New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
• The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome.

If the dismissal or determination is appealed, SUNY Orange will:

• Notify the Parties of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent;
• Implement appeal procedures equally for the Parties;
• Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the Complaint;
• Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;
• Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
• Notify the Parties of the result of the appeal and the rationale for the result.

When a Complaint is dismissed, SUNY Orange will, at a minimum:

• Offer supportive measures to the Complainant as appropriate.
• If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and
• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within SUNY Orange’s Education Program or Activity.

The submission of appeal stays (or pauses) any sanctions for the pendency (or duration while the appeal is being deliberated and decided upon) of an appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal.

If a Party appeals, the institution will as soon as practicable notify the other Party in writing of the appeal, 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 must be made within 14 calendar days of the date of notification of the decision being appealed.  The time for appeal will not be extended unless there is evidence that technical malfunction caused the appeal document not to meet the timeframe for appeal.

Appeals will be decided by an appeals decision maker panel who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decisionmaker in the same matter.

The outcome of the appeal will be provided in writing simultaneously to both Parties and include rationale for the decision. The determination of the Appeal Decision-making Body is final.

Retaliation 

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