Sexual Misconduct (Title IX)

What is sexual misconduct? 

Sexual misconduct is defined and prohibited by both U.S. and New York State law. 

Federally, the Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities that receive federal financial assistance.  

Title IX states, “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.” 

New York State Education Law Article 129-B — also known as "Enough Is Enough" — is a comprehensive sexual assault prevention legislation  

The state law requires UAlbany to establish policies and procedures to prevent and respond to sexual assault, dating violence, domestic violence and stalking. 

Visit the Laws, Policies & Procedures page for more information. 

 

How do I report sexual misconduct?

Anyone may report sexual misconduct to the Office of Equity & Compliance if the complaint is against a UAlbany student or employee. File a Title IX complaint.

The Office of Equity & Compliance is responsible for: 

  • Responding to all reports of sexual misconduct, under the Title IX reporting process
  • Providing information about on- and off-campus support services 
  • Helping community members access academic, residential and safety accommodations, regardless of whether a complaint is filed 
  • Conducting prompt, fair and unbiased administrative investigations into allegations of sexual misconduct to determine if there was a violation of UAlbany policy 

You have the right to file a complaint with both law enforcement and the University, simultaneously. Review all your reporting options, including criminal reporting options, on the File a Complaint page. 

 

How does the Title IX reporting process work? 

If someone reports an incident of sexual misconduct, the alleged victim/survivor will receive an email from the University’s Title IX Coordinator or their designee.  

The email will provide information about your reporting options, as well as resources and support services available to you.  

You are not required to respond to the email within a particular time frame or at all. Meeting with a representative from the Office of Equity & Compliance does not commit you to any action. 

If you choose to meet with the Office of Equity and Compliance, you'll have the option to meet in person or virtually. During the meeting, our staff member will introduce themselves, explain our office's role in the process, provide an overview of support resources and reporting options, answer your questions and discuss next steps.

You do not have to file a formal written complaint to: 

If you decide to file a complaint, you can choose between an informal or formal process. A formal written complaint is required to initiate both processes, which are explained below.

 

Informal Title IX Complaint Process 

The Title IX Coordinator or their designee will work with both Parties (meaning the Reporting Individual and the Accused Individual) to determine whether informal resolution is possible. Next:

process

If the Accused Individual is a student:  

If both Parties, the Title IX Coordinator and the Assistant Dean for Community Standards all agree, an Informal Resolution Agreement will be drafted. 

If the Accused Individual is an employee: 

If both Parties, the Title IX Coordinator and the Office of Employee Relations all agree, an Informal Resolution Agreement will be drafted.

Formal Title IX Complaint Process

  1. The Title IX Coordinator will decide if the case falls under the University’s Title IX Grievance Policy or Sexual Violence Response Policy. If a case does not meet the requirements of the Title IX Grievance policy, the case must be dismissed under that policy. This dismissal does not impact the possibility of a review under the Sexual Violence Response Policy. 
     
  2. Investigations are conducted by the Title IX Coordinator or their designee. An investigation includes interviews with the Parties and witnesses, statement reviews, evidence collection and the drafting of a final Investigation Report.
     
  3. Witness will have an opportunity to review their statements before they are placed in the Investigation Report. All Parties will also have an opportunity to review their statements and then to review the final Investigation Report twice before it is submitted to the appropriate University office(s), as outlined below:

If the Accused Individual is a student:

  1. The Office of Community Standards (a unit within the Dean of Students Office) will receive the final Investigation Report.
     
  2. The Assistant Dean of Students for Community Standards or their designee will create a Student Conduct Referral and invite the student to review the student conduct process.
     
  3. The Office of Community Standards will hold a hearing, under the procedures for cases of sexual misconduct, and the Hearing Board Members will render a decision. 
     
  4. If the Accused Individual is found to have violated the student code of conduct, Community Rights & Responsibilities, the University will take appropriate disciplinary action. 
     
  5. Both Parties will have an opportunity to appeal the hearing decision. 
     

See a flow chart outlining the Title IX reporting process when the Accused Individual is a student. 

If the accused individual is an employee:

The Office of Employee Relations (a unit within Human Resources) will receive the final Investigation Report.

An Employee Relations staff member will use the report to outline the alleged misconduct and specific violations.

If applicable, the University will interrogate the Accused Individual and, if appropriate, take disciplinary action.

Advisor of Choice

All Parties (meaning the Reporting Individual and the Accused Indivudual) to an investigation have the right to select an Advisor of Choice, who may be, but does not have to be, an attorney.

The University will provide Parties equal access to Advisors and support persons; any restrictions on Advisor participation, such as conflicts of interest, will be applied fairly and equally. The University will appoint an Advisor upon request.

The Advisor of Choice may accompany the Party they are advising to any meeting or hearing but may not speak for the Party except for the limited purpose of cross-examination in cases involving misconduct covered by Title IX.

The University will not intentionally schedule meetings or hearings on dates where the Advisors for all Parties are not available. Advisors must act reasonably in identifying available dates, and work collegially to find dates and times that meet all schedules. 

The Advisor Resource Guide outlines the required procedures for investigating and remediating conduct under the University's Title IX Grievance Policy.

Students must complete the Student Consent to Release Information Form before information can be shared with their Advisor of Choice or any other third party (including family members and attorneys).

advisor