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Substantial emotional distress means ificant mental suffering or anguish. Student workers who have supervisory responsibility or responsibility for the welfare of other students are also considered Responsible Employees, and must report potential violations of this policy they learn of in the scope of their employment. Sexual Assault: Sexual assault is having laws attempting to have sexual contact with another individual without affirmative consent or where laws individual Syracuse affirmatively consent because of age or temporary or permanent mental incapacity see below for definition of affirmative consent and incapacitation.
If and to the extent any existing University policy conflicts with this policy, this policy controls. The danger that difficulties, including harassment or abuse of power, will occur is particularly strong in relationships between employees and students they are supervising or advising.
Capitalized terms are defined throughout the policy, and all are set forth in the definitions section. 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 program or activity receiving Federal financial assistance.
Dating and Domestic Violence : Dating and Domestic Violence includes any act of violence against a Dating who is or has been involved in a sexual, dating, domestic, or other intimate relationship with the Respondent, or against a person with whom the Respondent has sought to have such a relationship, as follows:.
Complainants and witnesses are also encouraged to seek assistance from a Confidential Resource and to explore all potential reporting and support options. The University does not discriminate on the basis of sex or gender in any of its education or employment programs or activities—including in its Syracuse or employment processes— and it does not tolerate discrimination or harassment on the basis of sex or gender. This policy will be revised from time to time as necessary to reflect changes in applicable law. The full procedures for responding to reports of Prohibited Conduct involving a staff Respondent are available here.
Stalking includes the concept of cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used. Examples of conduct that could constitute Retaliation provided they occur for the purpose of interfering with rights secured by Title IX or this policy include, but are not limited to:.
If requested, the University will assist a Dating in contacting law enforcement at any time. Failure by a Responsible Employee to report suspected Prohibited Conduct in a timely manner may subject them to appropriate discipline, including removal from a position or termination of employment.
If processed under the Anti-Harassment Policy, complaints of Retaliation against students will typically be addressed as potential Code of Student Conduct violations in accordance with the procedures contained in the Student Conduct System Handbook. This policy applies to all reports of Prohibited Conduct that are received by the University on or after August 14,regardless of when the conduct occurred.
Intimidation, threats, coercion, or discrimination, including charges against an individual for conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this policy, constitutes Retaliation.
All other students are encouraged to report any suspected violation of this policy. While there may be jurisdictional determinations, based on the nature of the reported conduct or the geographic location, that dictate laws potential policy violations will form the basis for the Formal Complaint, investigation, and adjudication, the University will apply the same set of Syracuse to resolve a Formal Complaint of Prohibited Conduct, regardless of whether the conduct is prohibited under the Title IX regulations.
The University takes reasonable steps to protect the privacy dating individuals involved in any report of Prohibited Conduct, and will only share information with others to the extent necessary to investigate or otherwise respond to such reports. Sexual contact includes:.
Our commitment to excellence
The University is committed to compliance in all areas addressed by Title IX, including access to higher education and employment opportunities. Silence or lack of resistance, in and of itself, does not demonstrate consent. Minors individuals under age 17 for purposes of this policy and consistent with New York law are legally incapable to consent to any sexual activity with an adult; therefore, there is no such thing as consensual sexual activity between a minor and an adult member of the University community.
These relationships, even when not harassing, may develop into professional conflicts of interest, or at least create the perception of such a conflict of interest, that may make it difficult to carry out a role as educator or supervisor.
Sexual Exploitation : Sexual Exploitation is any act where one person violates the sexual privacy of another or takes unjust or abusive sexual advantage of another without permission.
The Title IX Coordinator also maintains records of all reports, investigations, and resolutions to track and monitor patterns, trends and issues of concern. Any reports or complaints of unlawful sexual activity involving minors will be reported to appropriate law enforcement and social services agencies consistent with New York state law. In addition to rights described elsewhere in this policy and related procedures, all students who report incidents of Prohibited Conduct have the right to:. The University is prohibited by federal law from restricting the ability of parties to discuss the allegations.
When undergraduate students are involved, the difference in institutional power and inherent risk of coercion are so great that no University employees including faculty shall enter into or engage in a romantic or sexual relationship with a Syracuse University undergraduate student, regardless of whether there is a supervisory or evaluative relationship between them. The term does not include undergraduate or graduate students who also happen to be employed on campus part-time, such as part of a work-study program.
Affirmative Consent as defined by New York state law under Enough is Enough : is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity.
Sexual harassment, abuse, and assault prevention policy
The University prohibits, and will respond promptly and equitably, to reports of Sexual Harassment, which includes Sexual Assault, Dating Violence, Domestic Violence, and Stalking, as well as other forms of prohibited conduct defined in this policy. Pursuant to the Clery Act, the University includes statistics about certain offenses in its annual security report and provides those statistics to the United States Department of Education in a manner that does not include any personally-identifying information about individuals involved in an incident.
The University may process complaints of Retaliation under the procedures connected to this policy see below as part of a case involving other allegations of Prohibited Conduct, or may process complaints of Retaliation separately under the procedures connected to the Anti-Harassment Policy. Conduct within a consensual relationship may become part of a subsequent complaint of Prohibited Conduct.
Complaints of Retaliation against non-bargaining unit staff will be processed using the Staff Employee Disciplinary Policy. A Confidential Resource is any University employee who is a d medical, clinical, or mental-health professional e. Complaints of Retaliation against bargaining unit staff will be processed under the applicable bargaining agreement.
A report may be made at any time including during non-business hours. In determining whether reported conduct violates this policy, the University will laws the totality of the facts and circumstances involved in the incident, including the nature of the reported conduct and the context in which it occurred. In the case where a teaching assistant had a prior romantic or sexual relationship with a student over whom they have supervisory or evaluative authority, the teaching assistant must notify their faculty supervisor, Chair, or Dean who will assist with taking steps necessary to mitigate dating potential conflict.
Professionalism within the University demands that those with authority not abuse, nor seem to abuse, the power with which they are entrusted. Total or partial loss of memory alone, may not be sufficient, without other evidence, to prove that a person was incapacitated under this policy. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in Syracuse sexual activity. Individuals should look for the common and obvious warning s that show that Syracuse person may be incapacitated or approaching incapacitation.
The full procedures for responding to reports of Prohibited Conduct involving a faculty Laws are available here. When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. Efforts by employees to initiate such relationships are also prohibited. The purpose of this policy is to prevent and redress Sexual Harassment and related forms of prohibited conduct at Syracuse University by: setting community expectations regarding dating and harassment; describing what conduct is prohibited; and explaining how the University will respond to reports of prohibited conduct.
In addition, employees shall not exercise supervisory, advisory, or evaluative authority over any student with whom they have had a romantic or sexual relationship. The health and safety of every student at Syracuse University is of utmost importance.
Undergraduate and graduate teaching assistants are prohibited from pursuing or engaging in romantic or sexual relationships with undergraduate students they teach, advise, or supervise.
A person who commits a violation of this policy will be subject to disciplinary action, up to and including expulsion or termination. The University prohibits Retaliation under this policy. Acts of Sexual Exploitation may include:. Prohibited Conduct can occur between strangers or acquaintances, as well as persons involved in intimate, sexual, dating, domestic, or familial relationships.
For example, information may be disclosed when the individual gives written consent for its disclosure, there is an imminent threat of physical harm to self or others, or the information concerns conduct involving suspected abuse or neglect of a minor under the age of Unless the University receives written permission from an individual to access records or information protected under a legally-recognized privilege such as the doctor-patient or attorney-client privilegethe University will not require, allow, rely upon, or otherwise access or use such records or information in Prohibited Conduct cases.
A Complainant may choose not to make a complaint or report their own experience, even if the Complainant would otherwise have reporting obligations by virtue of being a faculty member, staff member, or student worker. Alcohol and other drugs impact each individual differently and determining whether an individual is incapacitated requires an individualized assessment.
The University does not expect community members to be medical experts in assessing incapacitation. In evaluating consent in cases of reported incapacitation, the University asks two questions: 1 Did the Respondent know that the Complainant was incapacitated?
The relationship puts the student in a vulnerable position and creates a problematic environment for other students who become aware of the relationship. The University strictly prohibits sexual activity of any type between adult University employees and minors in connection with any of its programs or activities. Complaints of Retaliation against faculty will be processed as a potential violation of the Faculty Manual in accordance with the procedures set forth at part 4.
However, the University may be limited in how it can respond to anonymous reports of Prohibited Conduct. Any individual may make a report of Prohibited Conduct or related conduct under this policy regardless of affiliation with the University and regardless of whether or not the person reporting is the person alleged to be the victim of the Prohibited Conduct.
Sexual or romantic relationships that might be acceptable in other circumstances always pose inherent risks that they will result in Prohibited Conduct when they occur between University community members and any person for whom they have a professional responsibility.
Responsible Employees are not required to report information disclosed: 1 at public awareness events e. The University prohibits the following forms of conduct, collectively referred to as Prohibited Conduct in this policy and the associated procedures:.
Examples include University-affiliated study abroad programs, or off-campus conduct between two students that would otherwise violate the Code of Student Conduct. Even University faculty and staff who cannot guarantee confidentiality will maintain the privacy of a report of Prohibited Conduct to the greatest extent possible.
These individuals are referred to as Responsible Employees. Sexual and gender-based harassment, sexual violence, relationship violence and other forms of interpersonal violence are prohibited forms of discrimination and will not be tolerated, as laws in this policy. Title IX states:. The Clery Act also requires the University to issue timely warnings to the University community about certain crimes that have been reported and may continue to pose a serious or continuing threat to campus safety.
Stalking : Stalking occurs when a person engages in a course of conduct directed at a specific person under circumstances that would cause a reasonable person to fear for their own safety or the Syracuse of others or suffer substantial emotional distress. Syracuse University strongly encourages students to report Prohibited Conduct to institution officials.
The procedures used to respond to reports of Prohibited Conduct correspond to the identity of the Respondent student, faculty, staff. University Title IX processes and law enforcement investigations dating criminal processes operate independently of one another, although may sometimes require coordination. Syracuse University is committed to cultivating and maintaining an environment that is supportive of its primary educational mission and free from discrimination and harassment.
The use of alcohol or other drugs can lower inhibitions and create an atmosphere of confusion about whether consent is effectively sought and freely given.
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An individual may make a report to the University, to law enforcement, to neither, or to both. In any particular case, the Title IX Coordinator may delegate their authority pursuant to this policy to another appropriate University representative.
With the exception of University employees deated as Confidential Resources, all other faculty and staff are required to report immediately to the Title IX Coordinator any information they know about suspected Prohibited Conduct. The list of potential sanctions that may be imposed against a student, staff, or faculty member are included in the respective processes for resolving complaints. No employee shall enter into or engage in a consensual romantic or sexual relationship with graduate students or any subordinates who they advise, who are enrolled or participating in any program or department academic or otherwise in which the employee also participates, or whose work the employee supervises.
The information provided to a non-confidential resource i.
Retaliation means to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or this policy, or 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 part.
Consistent with the Clery Act, the University withholds the names and other personally-identifying information of complainants when issuing timely warnings to the University community. Under the Anti-Harassment Policy, the procedures vary depending on the status of the person being accused of Retaliation. Examples include University-sponsored, University-funded or University-supported study off campus, research, internships, mentorship, summer session, conferences, meetings, social events, or other affiliated programs or premises.
When drug use is involved, incapacitation is a state beyond being under the influence or impaired by use of the drug. This includes harassment or discrimination based on sexual orientation, gender expression, and gender identity. The full procedures for responding to reports of Prohibited Conduct involving a student Respondent are available here.