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Title IX
Our commitment to a safe and welcoming campus!
Hartwick College seeks to maintain a workplace and educational environment that promotes mutual respect and is free from all forms of discrimination, harassment, and retaliation. The College has zero-tolerance for sex or gender misconduct including all forms of sex and/or gender-based discrimination, harassment, violence, or retaliation.
To ensure compliance with federal and state laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the educational enterprise, Hartwick College has developed internal policies and procedures that will provide a prompt, fair, and impartial process for those involved in an allegation of misconduct based on sex or gender, discrimination, or harassment.
Report a Violation
There are three options to report of a violation of the Title IX & Sexual Misconduct Policy.
All Hartwick employees, with the exception of certain confidential resources, are required to report any disclosures of sexual misconduct to the Title IX Coordinator. To REPORT CONFIDENTIALLY, please contact a confidential resource.
Title IX at Hartwick
Title IX is a federal law, enforced by the US Department of Education’s Office for Civil Rights, that protects all individuals at an educational institution from any form of sex and gender-based discrimination and harassment, which includes sexual assault, dating/domestic violence, and stalking. All institutions that accept federal financial funding must comply with Title IX.
All Hartwick students; Hartwick employees including faculty and visiting faculty, staff, and administrators; contractors, subcontractors, vendors, or third parties; and visitors or guests affiliated with the College are required to uphold and adhere to Hartwick College’s Title IX and Sexual Misconduct Policy.
All reported violations of this policy will be reviewed in accordance with the grievance process outlined in the Policy.
The Title IX Coordinator is a neutral party in the Title IX and Sexual Misconduct reporting and grievance process. The Title IX Coordinator ensures the College’s compliance with Title IX and the administration of the Title IX and Sexual Misconduct Policy. The Title IX Coordinator ensures the Title IX and Sexual Misconduct Policy is administered fairly and that supportive measures and resources are made available to impacted parties.
The Deputy Title IX Coordinator is designated by the Title IX Coordinator to administer the Title IX and Sexual Misconduct Policy in the Title IX Coordinator’s absence. The Deputy Title IX Coordinator is also a neutral party in the Title IX and Sexual Misconduct grievance process and is available to assist community members with matters related to the Title IX and Sexual Misconduct Policy.
Community members are welcome to direct questions about the Title IX and Sexual Misconduct Policy or report a violation to either the Title IX Coordinator or Deputy Title IX Coordinator.
Michael Arno
Title IX Coordinator
607-431-4293
arnom@hartwick.edu
Office Location: Shineman 102
Cary Dresher
Deputy Title IX Coordinator
Dean of Students
Office of Student Experience
Dewar, 4th floor
607-431-4532
dresherc@hartwick.edu
Colleen Bunn
Deputy Title IX Coordinator
Director of Residential Life & Student Conduct
Office of Student Experience
Dewar, 4th Floor
607-431-4504
bunnc@hartwick.edu
Sarah Lombard
Deputy Title IX Coordinator
Head Women’s Basketball Coach
Athletics Department
Binder, Room 306
607-431-4709
lombards@hartwick.edu
Typically the following steps are taken after a report is filed:
The Title IX Coordinator will ensure that the report is filed with the correct process.
The Title IX Coordinator will reach out to the Complainant (impacted party) to offer supportive measures and provide information about their respective rights. The Complainant is not required to respond to the Title IX Coordinator.
The Title IX Coordinator will determine whether additional supportive measures need to be put in place in order to support both the Complainant and Respondent (alleged offender) and ensure community safety.
If applicable, the Title IX Coordinator will notify the Respondent of the complaint. The Respondent will be informed of their respective rights and offered supportive measures.
The Title IX Coordinator will initiate an investigation, if appropriate.
The Complainant is never required to participate the grievance process.
The Respondent is considered “not responsible” for violating the College’s policy, unless and until by the preponderance of the evidence proves that a violation of policy has occurred.
What is Sexual Misconduct?
Prohibited Conduct
The following behaviors violate the Title IX and Sexual Misconduct Policy.
If you or another person has experienced these behaviors, please report it.
All Hartwick Employees, with the exception of those deemed as confidential, must report these violations to the Title IX Coordinator.
As defined by VAWA, at 34 U.S.C. § 12291(a)(10), the term “dating violence” means violence committed by a person: who is or has been in a social relationship of a romantic or intimate nature with the victim; and 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 the relationship; and
(iii) the frequency of interaction between the persons involved in the relationship.
As defined by Violence Against Women Reauthorization Act of 2013, the term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
Sexual assault, as defined in 20 U.S.C. § 1092(f)(6)(A)(v), means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation (“FBI”). These offenses are defined as follows:
Sex Offenses: any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
Rape – Completed [SRS Definition]: 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. This definition includes either gender of victim or offender. Sexual penetration means 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, or by a sex-related object. This definition also includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of consent.
Sodomy: oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
Sexual Assault with an Object: to use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. An “object” or “instrument” is anything used by the offender other than the offender’s genitalia, e.g., a finger, bottle, handgun, stick.
Fondling: the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
Sex Offenses: unlawful sexual intercourse
Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape: sexual intercourse with a person who is under the statutory age of consent. There is no force or coercion used in Statutory Rape; the act is not an attack.
Sex discrimination involves treating someone unfavorably because of that person’s actual sex or perceived sex. It occurs when, on the basis of actual or perceived sex, gender, sexual orientation, gender identity, including transgender status and/or gender expression, an individual or group is excluded from participation in or denied the benefits of any College education program or activity, including admissions
and employment.
Sexual exploitation means abuse or non-consensual use of another person’s sexuality or nudity without consent, for the Respondent’s own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited. Specific conduct that constitutes sexual exploitation could constitute sexual harassment if it meets the definition herein under Title IX.
Sex/gender based harassment is unwelcome conduct based on an individual’s actual or perceived sex/gender. It includes slurs, taunts, stereotypes, or name-calling as well as gender-motivated physical threats, attacks, or other hateful conduct. It occurs when one person harasses another person for reasons relating to their gender or the gender with which they identify. The harassing conduct, however, does not need to be based on anything of a sexual nature.
Sexual harassment has various definitions under state and federal laws. See Section V of the Title IX and Sexual Misconduct Policy.
Sexual misconduct is a broad term that encompasses a wide range of prohibited behaviors and a term used to refer to any form of discrimination, including harassment, based on actual or perceived sex, gender, sexual orientation, gender identity, and/or gender expression, sexual harassment, sexual assault, dating violence, domestic violence, stalking, sexual exploitation, and any other form of non-consensual sexual activity or related misconduct prohibited by this Policy, as well as retaliation in this Policy.
Stalking, as defined by 34 U.S.C. § 12291(a)(30), means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress.
Course of conduct means two or more acts, including acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about an individual, or interferes with an individual’s property.
Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
What is Affirmative Consent?
Affirmative consent is required for community members to engage in any form of sexual activity. It is the responsibility of the person initiating sexual activity to obtain affirmative consent.
Affirmative Consent: is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
- Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
- Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- Consent may be initially given but withdrawn at any time.
- Consent cannot be given when a person is incapacitated, which occurs when an individual lack the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
- Consent cannot be when it is the result of any coercion, intimidation, force, or threat of harm.
- When consent is withdrawn or can no longer be given, sexual activity must stop.
If you are unsure if you have obtained affirmative consent do not engage in sexual activity!
The age of consent in New York State is 17.
Campus and Community Resources
The College has campus resources who can assist community members who have experienced or witnessed sexual misconduct (which includes sex or gender-based discrimination/harassment, dating/domestic violence, sexual assault, stalking, or other forms of sexual misconduct). Hartwick has also partnered with community agencies and local law enforcement to provide education to the campus community, advocacy for victims of violence, and when possible, prosecution of perpetrators of violent crimes against others.
Confidential resources are not required to report disclosures of sexual misconduct to the Title IX Coordinator.
Perrella Wellness Center (Student Healthcare Services)
Counseling Services: 607-431-4420
Health Services: 607-431-4120
HEART Student Peer Counseling: HEART@hartwick.edu
Employee Assistance Program (Employee Services)
800-96-HELPS
Opportunities for Otsego Violence Intervention Hotline 607-432-4855 (available 24/7)
National Domestic Violence Hotline: 800-799-SAFE (available 24/7)
RAINN: National Sexual Assault Hotline: 800-656-HOPE (available 24/7)
NYS Division of Human Rights Workplace Sexual Harassment: 1-800-HARASS-3 (available M-F 9am-5pm)
National Sexual Violence Resource Center (NSVRC) National Resource Directory
This national directory contains contact information for a national network of organizations who support sexual assault survivors. Although services offered by these organizations may differ by location, these services are confidential.
AO Fox Hospital, Oneonta, 607-432-2000
Bassett Medical Center, Cooperstown, 607-547-3456
Title IX Coordinator:
Michael Arno: 607-431-4293 / arnom@hartwick.edu
Deputy Title IX Coordinators:
Colleen Bunn: 607-431-4504 / bunnc@hartwick.edu
Cary Dresher: 607-431-4532 / dresherc@hartwick.edu
Sarah Lombard: 607-431-4709 / lombards@hartwick.edu
607-431-4111
Visa & Immigration Assistance:
Global Education: 607-431-4414 (Student Services)
Human Resources: 607-431-4315 (Employee Services)
Student Financial Aid Assistance:
607-431-4130
New York State Sexual Assault Hotline: 844-845-7269
New York State Police: 607-432-3211
Oneonta Police Dept.: 607-432-1113 or 911
Advisors provide guidance to a party (Complainant and Respondent) through the reporting/grievance process. Advisors may attend all meetings or interviews at which the party is entitled to be present, and may help the party prepare for each meeting, however, the advisor may not serve as a proxy or representative for the party, with an exception for cross-examination questioning in Process A.
Either party may select an advisor of their choice or request the College appoint an advisor (free of charge). College appointed advisors will not be an attorney. A party may contact the Title IX Coordinator to obtain a College appointed advisor.
The College does not provide legal advice or services for a Complainant or Respondent. Below are resources for those seeking legal assistance.
New York State Office of Victim Services: 1-800-247-8035 (M-F 9am-5pm)
Supportive Measures
An individual that has been impacted by or accused of a violation of the Title IX and Sexual Misconduct Policy can request supportive measures. Supportive measures are non-disciplinary and non-punitive individualized services provided by the College, free of charge, to individuals to restore or preserve equal access to the College’s education program or activity without unreasonably burdening the other party.
Supportive measures can be provided at the time of a report; before, during, or after a grievance process is initiated; or where a report is made but neither formal grievance process is initiated. A formal report or an individual’s participation in a grievance process is not required to obtain supportive measures.
Supportive measures are confidential (except as necessary to provide such supportive measures) and can range from a referral to supportive services to academic or workplace accommodations. Examples of supportive measures include, but are not limited to:
- Referral to counseling, medical, and/or other healthcare services
- Referral to the Employee Assistance Program (EAP) or community-based service providers
- Student financial aid counseling
- Education to the institutional community or community subgroup(s)
- Altering campus housing assignment(s)
- Altering work arrangements for employees or student-employees
- Providing campus safety escorts
- Providing transportation accommodations
- Implementing contact limitations (no-contact orders) between the parties
- Academic support, extensions of deadlines, or other course/program-related adjustments
- Class schedule modifications, withdrawals, or leaves of absence
Please contact the Title IX Coordinator to request supportive measures.
Student Bill of Rights
The Students’ Bill of Rights Under New York state Education Law Article 129-B — Enough is Enough Legislation.
You Have the Right to
- Make a report to Campus Safety, local law enforcement and/or state police.
- Have disclosures of domestic violence, dating violence, stalking and sexual assault treated seriously.
- Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressures from the institution.
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.
- Be treated with dignity and to receive from the institution courteous, fair and respectful health care and counseling services where available.
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations.
- Describe the incident to as few institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident.
- Be free from retaliation by the institution, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution.
- Access to at least one level of appeal of a determination.
- Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process.
- Exercise civil right and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.
Meet the Title IX Team
The Title IX Team is comprised of selected Hartwick faculty and staff members. The Title IX Team assists in the response and prevention of sexual misconduct, discrimination, and harassment on our campus. Team members fulfill a fundamental role by helping to resolve respective complaints of the Title IX & Sexual Misconduct Policy and Non-Discrimination & Non-Harassment Policy.
Title IX Team members receive robust annual training and are cross trained to work in multiple roles in the grievance process. In accordance with 106.45 of the Title IX Final Rules, we have included a link to all Title IX Team training materials.
Michael Arno
Title IX Coordinator / College Compliance Officer
607-431-4293
arnom@hartwick.edu
Jeff Barker
Operations Technology Specialist & Clery Compliance Officer
607-431-4152
barkerj@hartwick.edu
Colleen Bunn
Director of Residential Life & Community Standards / Deputy Title IX Coordinator
607-431-4504
bunnc@hartwick.edu
Nick Ciresi
Head Men’s Basketball Coach
607-431-4770
ciresin@hartwick.edu
Timothy Corbett
Campus Safety Officer
607-431-4522
corbettt@hartwick.edu
Donald DePass
Director of Campus Safety
607-431-4112
depassd@hartwick.edu
Cary Dresher
Dean of Students / Deputy Title IX Coordinator
607-431-4532
dresherc@hartwick.edu
Mike Ennist
Assistant Director of Campus Safety
607-431-4113
ennistm@hartwick.edu
Suzanne Janitz
VP for Human Resources and Compliance
607-431-4319
janitzs@hartwick.edu
Amber Kerwin
Professor of Practice in Criminal Justice
607-431-4947
kerwina2@hartwick.edu
Cherilyn Lacy
Assistant Dean of the Faculty
607-431-4885
lacyc@hartwick.edu
Samantha Lara
Associate Director of the Office of Diversity, Inclusion and Belonging
607-431-4426
laras@hartwick.edu
Jeffrey Lengel
Campus Safety Officer
lengelj@hartwick.edu
Sarah Lombard
Head Women’s Basketball Coach / Deputy Title IX Coordinator
607-431-4709
lombards@hartwick.edu
Matt Sanford
Registrar and Assistant Dean of Academic Affairs
607-431-4462
sanfordm@hartwick.edu
Aaron Tolbert
Assistant Vice President for Academic Affairs
607-431-4106
tolberta@hartwick.edu
Grievance Procedures and Sanctions
Hartwick takes all allegations of sexual misconduct seriously and has established formal grievance procedures to thoroughly and impartially review such allegations. Grievance procedures include: an investigation, a formal hearing, an appeals process, and an option for informal resolution – when appropriate.
Hartwick’s grievance procedures are not legal proceedings and occur separate from a criminal process. Decisions in Hartwick’s grievance process are made using the Preponderance of the Evidence standard (i.e. is it more likely than not a violation occurred).
Disciplinary sanctions are imposed on Hartwick community members found responsible for sexual misconduct. Sanctions can range from a warning to expulsion/termination from the College, or revocation of a degree.
Have More Questions?
Title IX FAQHUMAN RESOURCES & COMPLIANCE
The Division includes the Offices of: Human Resources, Compliance, and Title IX.
PO Box 4020, Shineman Chapel House
Oneonta, New York 13820
Phone: 607-431-4315
Fax- 607-431-4329
humres@hartwick.edu