What is Title IX?
"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance." (Title IX of the Education Amendments of 1972)
Gender Discrimination and Harassment
Title IX of the Education Amendment and University Policy prohibit discrimination in services or benefits offered by the University based upon gender.
Sexual harassment is a form of gender discrimination and therefore prohibited under Title IX. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
The following are examples of types of conduct that may constitute sexual harassment:
- Inappropriate touching, patting or pinching
- Physical assault or coerced sexual activity
- Demands or subtle pressure for sexual favors
- Obscene phone calls, texts, emails, or gestures
Any person (student, faculty, staff or guest) who believes that discriminatory practices have been engaged in based upon gender may discuss these concerns and file informal or formal complaints of possible violations of Title IX with the Title IX Coordinator. Title IX Intake Form (pdf)
It is the policy of this university to provide equal employment and educational opportunity on the basis of merit without discrimination because of age, race, ethnicity, color, sex, religion, national origin, sexual orientation, veterans’ status, disability, gender identity, or gender expression.
Affirmative Consent
Affirmative consent is a clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity. Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression. Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop. Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. (from Alfred State Student Code of Conduct)
Alcohol Amnesty
Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases:
The health and safety of every student at the State University of New York and its State-operated and community colleges is of utmost importance. Alfred State recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time a sexual violence incident occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Alfred State strongly encourages students to report incidents of sexual violence to campus officials. A bystander reporting in good faith or a victim/survivor reporting sexual violence to Alfred State officials or law enforcement will not be subject to campus conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the sexual violence. (from Alfred State Student Code of Conduct)
Grievance Policy for Addressing Complaints of Sexual Harassment
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 institution must respond to reports of misconduct falling within that definition of sexual harassment, and
- Mandates a grievance process that this institution must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment.
Based on the Final Rule, Alfred State has implemented an updated Title IX Grievance Policy (pdf), effective Aug. 14, 2020. This policy was revised on Aug. 24, 2021, following notice from U.S. Department of Education's that it would immediately cease enforcement of the Final Rule provision which previously prohibited decision-makers from relying on statements not subject to cross-examination during a live hearing.
The College's Sexual Misconduct Support & Advocacy Guide details available support services and provides contact information for campus and community resources.
Confidential vs. Private
As campus professionals, both student employees and employees of the college (full-time or part-time) are considered “responsible employees.” This means that there is a legal obligation for them to report when they hear about a sexual assault/harassment and other related crimes. These reports can be made on line through the Complainant/Victim Acknowledgement Form and/or by contacting the Interim Title IX Coordinator, Antoinette Gress, via email at GressAM@alfredstate.edu or via phone at 607-587-4325. Failure to report can result in the college being put on notice with the Office of Civil Rights. If you are unsure about reporting, have questions or would like to request a training contact the Title IX Coordinator.
Get Involved
If you are looking to become more involved with Title IX/Sexual Assault Awareness and prevention with programs like One Love, Bystander Intervention, Take Back the Night and more please email us at inclusion@alfredstate.edu.
Sexual Harassment
Sexual harassment is a form of gender discrimination and therefore prohibited under Title IX. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Sexual harassment is generally categorized in three ways: quid pro quo, hostile environment and retaliation related to a report or directed at a reporting party. Quid pro quo when translated means “this for that.” Examples contain one party (usually someone in authority) who offer to do something/give something in exchange for a sexual favor.
Hostile environment sexual harassment includes behavior that makes one feel uncomfortable in their work, academic or living environment. The following are examples of types of conduct that may constitute hostile environment sexual harassment are:
- Inappropriate touching, patting or pinching
- Physical assault or coerced sexual activity
- Inappropriate images on display in public places like office cubicles, labs and residence hall public lounges
- Obscene phone calls, texts, emails, or gestures
Retaliation is an adverse action taken against an individual as a result of report filed regarding unlawful discrimination or harassment, exercising a legal right, and/or participating in a complaint investigation as a third-party witness. Some examples could include: removing a student/employee from an important project because they filed a report, negative comments made on social media directed at the reporting party, harassing phone calls/electronic communication, etc. If you believe you may be experiencing retaliation due to a report that was filed please contact your Title IX coordinator immediately for more assistance at GressAM@alfredstate.edu.
Any person (student, faculty, staff or guest) who believes that discriminatory practices have been engaged in based upon gender may discuss these concerns and file informal or formal complaints of possible violations of Title IX with the Title IX Coordinator. Title IX Intake Form (pdf).
It is the policy of this university to provide equal employment and educational opportunity on the basis of merit without discrimination because of age, race, ethnicity, color, sex, religion, national origin, sexual orientation, gender identity, gender expression, veterans’ status, or disability.
Policy of Nondiscrimination
Alfred State, in recognition of its educational mission, its social concern, its responsibility for the personal development of individuals, and its concern for the rights of the individual, hereby expresses the following policy of nondiscrimination. In support of this policy, the college affirms its right to take appropriate action if it or another duly constituted authority should determine that applicable federal and state nondiscrimination law and regulations have been violated or that the effect and intent of this policy have been willfully or habitually abrogated. This policy is an affirmation of the college’s commitment to making nondiscrimination a reality.
All programs and services of the college are administered without discrimination on the basis of age, sex, marital or military status, race, color, creed, religion, national origin, disability, or sexual orientation. This policy of nondiscrimination extends to admission, financial aid, housing, counseling, educational programs, athletic activities, and placement, as well as to all aspects of employment.
Complaints of noncompliance with the policy may be sent to the Office of Human Resources.
Incidents of sexual harassment, including sexual and interpersonal violence, may be reported to:
Title IX Coordinator
| Antoinette Gress | Title IX Coordinator & Director of Community Standards | GressAM@alfredstate.edu | 607-587-4325 |