Title IX, Bias, Discrimination, and Harassment

With the exception of a few employees designated as confidential resources (healthcare practitioners, licensed counselors, and clergy), all Hartwick College employees must report to the College any disclosures, perceived or otherwise, of alleged violations of the Title IX, Bias, Discrimination, and Harassment Policy.

Employees can meet their mandated reporting responsibilities by disclosing information to the Title IX Coordinator/College Compliance Officer or by completing the following online form:

Online Reporting Form

Note: Completing an anonymous report through the Silent Witness Form does not meet the obligation for non-confidential employees to report incidents to the College under the Policy.

Please also note that if you are the individual or group adversely affected by conduct in violation of the Title IX, Bias, Discrimination, and Harassment Policy, you are not required to make a report to the College, but are highly encouraged to do so.

Complainant:
A Complainant is an individual alleged to be the victim/survivor of conduct that violates the Title IX, Discrimination, and Harassment Policy or retaliation for engaging in any processes therein, or for receiving safety and supportive measures, remedies, and modifications.

Respondent:
A Respondent is a person or group who has been alleged to be the perpetrator of conduct that could constitute a violation of the Title IX, Discrimination, and Harassment Policy.

Bias:
Bias is a broad range of conduct that can be verbal, non-verbal, written or physical conduct that harms, discriminates or harasses anyone in the campus community based on age, color, creed, disability, domestic violence victim status, gender, gender identity (including transgender status or gender expression), familial status, marital status, military status, national origin, predisposing genetic characteristics, pregnancy-related condition, prior arrest or conviction record, sex, race, religion, retaliation for opposing unlawful discriminatory practices or other classes protected by applicable law.

Hate Crimes:
Hate Crimes are criminal acts involving violence, intimidation, and destruction of property based on bias and prejudice. As defined by Article 485 of the New York Penal Law, a hate crime is when a person commits a specified offense and either:

• Intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct; or,
• Intentionally commits the act or acts constituting the offense in whole or in substantial p art because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.

Discrimination:
Discrimination is unequal or disparate treatment on the basis of a protected characteristic or status as defined in the Notice of Nondiscrimination section of the Title IX, Bias, Discrimination, and Harassment Policy (Pg. 6). In limited circumstances, differential treatment based on protected characteristics may be required or permitted by law and, in those circumstances, is not subject to a violation of this Policy.

Discriminatory Harassment:
Discriminatory harassment is unwelcome conduct on the basis of actual or perceived protected characteristic(s), 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 the College’s education program or activity.

Dating Violence is defined as:
a. violence,
b. on the basis of sex,
c. committed by a person,
d. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.

The term “sexual harassment” has various definitions under federal and New York State law, and other prohibited conduct in violation of the Title IX, Bias, Discrimination, and Harassment Policy. It includes sex, sex-based, or gender-based discrimination and harassment.

The College reserves the right to respond to unwelcome, offensive conduct that is inconsistent with the College’s community and professionalism standards, even if it does not rise to a violation of any applicable law.

Unwelcome or offensive conduct that occurs on the basis of sex, sexual orientation, self-identified or perceived sex, gender, gender identity, gender expression, gender stereotyping, or the status of being transgender is prohibited conduct and a violation of this Policy when it consists of:

• Conditioning the provision of aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (commonly referred to as a quid pro quo); or,
• Unwelcome conduct determined by a reasonable person to be severe, pervasive, or objectively offensive (commonly referred to as a “hostile environment”).

Sex-based harassment is a form of discrimination on the basis of sex, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Under Title IX, discrimination on the basis of sex includes sexual assault, dating violence, domestic violence, and stalking.

Sexual Exploitation:
Sexual exploitation is abuse or non-consensual use of another person’s sexuality or nudity without consent for the Respondent’s advantage or benefit or the benefit or advantage of anyone other than the one being exploited.
Examples include but are not limited to:

• Prostituting another individual.
• Non-consensual observation, photography, video, or audio recording of sexual activity of another individual or of another individual who is in a state of undress or in a place and time where such person has a reasonable expectation of privacy, without the individual’s consent.
• Exceeding the boundaries of consent with another individual (such as permitting others to secretly observe you engaging in consensual sex).
• Inducing or attempting to induce the incapacitation in another individual for purposes of compromising that individual’s ability to give affirmative consent to sexual activity.
• Employment of another individual or achievement-based inducements.
• Knowingly exposing another person to a sexually transmitted infection or virus without the other individual’s knowledge.
• Disseminating, streaming, or posting sexual activity of any form on social media or any other public forum without permission from the other individual.
• Non-consensual texting of sexual activity or images of another individual.
• Distributing intimate sexual information about another individual.

Bullying:
Repeated and/or severe aggressive behavior that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish a Complainant, that is not speech or conduct that is otherwise protected by the First Amendment.

Endangerment:
Threatening or causing physical harm or extreme verbal, emotional, or psychological abuse, or other conduct that threatens or endangers the health or safety of any person or damages their property.

Hazing:
Any act or action that does or is likely to endanger the mental or physical health or safety of any person as it relates to a person’s initiation, admission into, or affiliation with any Recipient group or organization.

For the purposes of this definition:

• It is not necessary that a person’s initiation or continued membership is contingent upon participation in the activity, or that the activity was sanctioned or approved by the student group or student organization, for an allegation of hazing to be upheld.
• It shall not constitute an excuse or defense to a hazing allegation that the participants took part voluntarily, gave consent to the conduct, voluntarily assumed the risks or hardship of the activity, or that no injury was suffered or sustained.
• The actions of alumni, active, new, and/or prospective members of a student group or student organization may be considered hazing.
• Hazing is not confined to the student group or student organization with which the person subjected to the hazing is associated.

Retaliation:
Retaliation means any action by an employer or supervisor that punishes an individual upon learning of a harassment claim, that seeks to discourage a worker or covered individual from making a formal complaint or supporting a sexual harassment or discrimination claim, or punishes those who have come forward.

These actions need not be job-related or occur in the workplace to constitute unlawful retaliation. For example, threats of physical violence outside of work hours or disparaging someone on social media would be covered as retaliation under this policy.

Retaliation against an individual or group engaged in “protected activity” is prohibited under this Policy. Protected activity occurs when a person has:

• Made a complaint of prohibited bias, discrimination, or harassment, either internally or with any government agency.
• Testified or assisted in a proceeding involving prohibited bias, discrimination, or harassment.
• Opposed prohibited bias, discrimination, or harassment.by making a verbal or informal report to the College or an external agency.
• Encouraged someone to report prohibited bias, discrimination, or harassment to the College.

Title IX of the Education Amendments of 1972 states that, “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 is a federal law, enforced by the US Department of Education’s Office for Civil Rights, which protects all individuals at an educational institution from any form of sex and gender-based discrimination and harassment, which includes sexual assault, dating violence, domestic violence, and stalking. All institutions that accept federal financial funding must comply with Title IX.

The Nondiscrimination and Title IX Team is a neutral party that engages in the Title IX, Bias, Retaliation, and Harassment Policy’s grievance procedures.

Members of the Nondiscrimination and Title IX Team are trained annually and can serve in the following roles, at the discretion of the Title IX Coordinator:

• Advisor
• Informal Resolution Facilitator
• Investigator
• Hearing Officer
• Appeals Panelist

Meet the Nondiscrimination and Title IX Team

The College’s Title IX Coordinator/College Compliance Officer is responsible for coordinating the College’s implementation of the Title IX, Bias, Discrimination, and Harassment Policy (Policy), including, but not limited to, the following:

• Conducting an initial assessment of reports of allegations of the Policy to determine or triage their application threats to the safety of the campus community, the application of reports to this Policy, or to other College policies and procedures.
• Providing supportive and safety measures or other remedies and modifications to stop, remediate, or prevent bias, discrimination, harassment, and retaliation.
• Identifying patterns or systemic problems of discrimination, harassment, or retaliation.
• Providing ongoing training and education on awareness and proactive prevention of bias, discrimination, harassment, and retaliation under this Policy.

The Title IX Coordinator must act with independence and authority and be free from bias and conflicts of interest to oversee the implementation of this Policy. To raise any concern involving bias or conflict of interest, misconduct, or discrimination by the Title IX Coordinator/College Compliance Officer, please contact the Vice President for Human Resources and Compliance at [email protected] or 607-431-4315.

Title IX Coordinator/College Compliance Officer Contact Information:

Geoffrey P. Gabriel
Title IX Coordinator / College Compliance Officer
Shineman, 102
(607) 431-4293
[email protected]

Typically, the following steps are taken after a report is made to the College:

The Title IX Coordinator/College Compliance Officer will reach out to the individual or group that submitted a report to offer remedial measures and provide information about their rights and options moving forward. An individual or group is not required to respond to the Title IX Coordinator/College Compliance Officer.

The Complainant will determine whether they want to engage in the grievance
procedures under the Title IX, Bias, Discrimination, and Harassment Policy’s grievance procedures. Grievance procedures include but are not limited to informal resolutions, mediation, alternative resolutions, and a formal resolution (investigation). With very few exceptions, the College with honor the requests of a Complainant in determining whether to initiate a grievance procedure.

If applicable and permissible, the Title IX Coordinator/College Compliance Officer will notify a Respondent of the nature and details of the allegation(s). The Respondent will be informed of their respective rights and offered supportive measures and remedies.

The Title IX Coordinator/College Compliance Officer will initiate an investigation if permissible and applicable. Complainants and Respondents are not required to participate in a grievance procedure, and will not be discredited for doing so.

The Respondent is considered not responsible for violations of the Discrimination and Harassment Policy, unless and until the preponderance of the evidence proves that a violation of the Policy has occurred.

More Information – FAQ

Perrella Wellness Center Counseling Services, 607-431-4420 or, on nights and weekends 607-431-4111, [email protected]

Perrella Wellness Center Health Services, 607-431-4120, [email protected]

• Opportunities for Otsego (OFO): https://ofoinc.org/
• Opportunities for Otsego, Violence Intervention Program (VIP), 607-432-4855 24-hour hotline, https://ofoinc.org/find-program/violence-intervention-program
• (OFO-VIP) Jess Eklund – Victim Advocate 607-386-5663
• NYS Domestic Violence Hotline, 1-800-942-6906
• New York State Office of Victim Services, 1-800-247-8035
• NYS Division of Human Rights Sexual Workplace Sexual Harassment: 1-800-
  HARASS-3 (available M-F 9 am-5 pm)
• A.O. Fox Hospital, 1 Norton Drive, Oneonta, NY 13820, 607-432-2000
• Bassett Medical Center, 1 Atwell Drive, Cooperstown, NY 13326, 607-547-3456

These confidential resources can help and provide information regarding medical
assistance and treatment (including information about sexually transmitted infections,
and sexual assault forensic examinations), and resources available through the New
York State Office of Victim Services, and law enforcement options. The on-campus
health and counseling services noted as confidential reporting resources are
available to students free of charge. Employees are not eligible for on-campus
services, but eligible employees may utilize their Employee Assistance Program
(“EAP”) benefits. More information regarding EAP benefits is available to employees
online in D2L (online intranet). The above-listed hotlines are also available free of
charge. All of the confidential resources maintain confidentiality except in extreme
cases of the immediacy of threat, danger, or abuse of a minor.

The following resources and reporting options can be utilized independently of or in conjunction with an internal report being made to the College. If you or someone you know is or may be the victim of any form of misconduct or violence that results in physical harm, the College strongly urges you to seek immediate assistance. Assistance is available 24 hours a day, 7 days a week.

• Call 911
• Opportunities for Otsego, 24-hour hotline: 607-432-4855
• A.O Fox Hospital, 1 Norton Drive, Oneonta, NY 13820: 607-432-2000
• Bassett Medical Center, 1 Atwell Drive, Cooperstown, NY 13326: 607-547-3456
• NYS Office of Victim Services Toll-Free Number:(800) 247-8035 *can report anonymously
• NYS Domestic Violence and Sexual Assault Hotline, crisis intervention, shelter services, and referrals: (800)-942-6906

The College’s Campus Safety staff are available to respond immediately to any incidents of sexual and other forms of violence and to provide individuals with assistance in obtaining medical treatment.

The College’s Campus Safety staff is available to respond immediately when contacted and can provide individuals with assistance in obtaining medical treatment.

Contact Campus Safety, Dewar 3rd floor, 607-431-4111. For your safety and well-being, immediate medical attention is encouraged, including the preservation of forensic evidence by a Sexual Assault Nurse Examiner (SANE) are specially trained medical professionals and are available locally and regionally at Basset Medical Center and A.O. Fox Hospital. Opportunities for Otsego are available to advocate and assist with medical assistance.