Title IX

For the purposes of this Title IX Grievance Procedure, “Covered Sexual Harassment” includes any conduct on the basis of sex that satisfies one or more of the following:

1. An employee conditioning the provision of an aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo);
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity (i.e., hostile environment harassment). In evaluating whether a hostile environment exists, the institution will consider a number of factors, including, but not limited to: the frequency, nature, and severity of the conduct; whether the conduct was physically threatening; the effect of the conduct on the Complainant’s mental or emotional state; how the conduct affected the terms, conditions or privileges of employment or education; whether the conduct was directed at more than one person; whether the conduct arose in the context of other discriminatory conduct; whether there is a power differential between the parties; and whether the conduct implicates concerns related to academic freedom or protected speech;
3. 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. This includes the forcible sex offenses of rape and criminal sexual contact and the non-forcible sex offenses of incest and statutory rape. The applicable offenses are defined below:
   1. Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim, and
   2. Criminal Sexual Contact: the intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation, or the forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation;
   3. Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law;
   4. Statutory rape: sexual intercourse with a person who is under the age of consent in New York State.
4. 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; and (iii) The frequency of interaction between the persons involved in the relationship.
5. Domestic violence (as defined in the VAWA amendments to the Clery Act and the Violence Against Women Act Reauthorization of 2022), which includes any felony or misdemeanor crimes of violence committed by a person who: (A) is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of New York, (B) who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, (C) shares a child in common with the victim; or (D) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of New York.
6. 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 and subject to discipline under the Student Code of Conduct, action under the Discrimination Complaint Procedure, action under other College policies and/or procedures, or the employee disciplinary process as described in the collective bargaining agreement.

Alfred State College 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 and its regulations, including in admission and employment.

The college's regulations concerning sex-based harassment and examples of prohibited conduct can be found in Alfred State's Title IX Grievance Policy & Procedures (PDF) and the Student Code of Conduct. In short, the offenses codified under Title IX and college policy are Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, and Stalking. 

Any person (student, faculty, staff, or guest) who believes they have been discriminated against on the basis of sex are encouraged to contact the college's Title IX Coordinator (contact information below) to discuss their concerns and/or file a complaint.  Title IX Intake Form (pdf).

The health and safety of every student at Alfred State College is of utmost importance. Alfred State College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Alfred State College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. 

A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Alfred State College’s officials or law enforcement will not be subject to Alfred State College’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

Confidential employees are those whose communications are privileged under federal or state law or who have been designated by the college as confidential for the purpose of providing services to persons related to sexual harassment. The following officials at Alfred State College may provide confidentiality:

• Practitioners at Alfred State's Health & Wellness centers;
• Persons serving in pastoral roles at St. Brendan and Jude’s Parish 

There are other confidential options available for crisis intervention, resources and referrals, but these are not reporting mechanisms to the institution, meaning that disclosure on a call to one of these hotlines does not provide any information to Alfred State College. Please refer to the Title IX Grievance Policy & Procedures (PDF) for a complete list of confidential reporting options. 

The following officials at Alfred State College will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited by Title IX:

• Title IX Coordinator or designee (contact information below);
• Officials with authority to institute corrective measures under Title IX;
• All other employees at Alfred State that are not designated as confidential resources

Alfred State College requires that any employee who is not a confidential employee must notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination, including sexual harassment.

Please refer to the Title IX Grievance Policy & Procedures (PDF) for a complete list of reporting options and contact information. 

• Hazing Prevention & Risk Management, Spring 26 (PDF)