A presentation on Title IX from SUNY Oswego's Office of Judicial Affairs.

1. TITLE IX

2. Title IX: Sex Discrimination
 Sexual harassment of students, which includes acts
of sexual violence is a form of sex discrimination
prohibited by Title IX.
 Title IX of the Federal Education Amendments of
1972 , 20 U.S.C. section 1681 and its implementing
regulations, 34 C.F.R. part 106

3. TITLE IX
COORDINATOR
INQUIRIES CONCERNING THE APPLICATION
OF TITLE IX MAY BE REFERRED TO:
HOWARD GORDON
SENIOR TITLE IX COORDINATOR
708 CULKIN HALL, 315-312-2213
HOWARD.GORDON@OSWEGO.EDU

4. TITLE IX
INVESTIGATOR
Marta Santiago
Title IX Investigator
Human Resources Manager
405 Culkin Hall
315-312-3702
marta.santiago@oswego.edu

5. Sex discrimination includes all forms of:
sexual harassment, sexual assault, and sexual
violence by employees, students, or third
parties against employees, students, or third
parties.
Students, College employees, and third
parties are prohibited from harassing other
students and/or employees whether or not
the incidents of harassment occur on the
College campus and whether or not the
incidents occur during working hours.

6. Sexual violence is physical sexual
act perpetrated against a
person’s will or where a person is
incapable of giving consent.
Such acts include, but are not
limited to, rape, sexual
battery, and sexual coercion.

7. LETS TALK ABOUT CONSENT
 LEGAL AGE IN NY?
 PAST/CURRENT RELATIONSHIP?
 LEGAL vs. JUDICIAL STANDARDS?
 AOD USE?
Code of Conduct says, “reasonably unable
to consent for any reason, particularly
due to their use of alcohol, or other
substances”.

8. Sexual Harassment
includes
verbal, nonverbal or
physical conduct of a
sexual nature.

9. VERBAL HARASSMENT
● sexual slurs, insults, or catcalls
● sexual, sexist, or heterosexist (antigay or anti-lesbian)
remarks or jokes about someone’s
body, clothing, activities, or sexual orientation
● unwelcome sexual propositions, demands, or pressure for
sexual activities
● requests for romantic or sexual relations by a person in
authority, combined with an implicit or explicit threat or
reward
● repeated requests for dates despite being asked to stop

10. NONVERBAL HARASSMENT
● sexually suggestive
staring, leering, sounds or gestures
● sexually suggestive or degrading
images or graffiti (such as on T-
shirts, posters, calendars, mugs, etc.)
● use of such images to advertise events

11. PHYSICAL HARASSMENT
● unnecessary and unwanted physical
contact (for example, unwanted
touching, brushing, hugging, pinching)
● unwelcome fondling or kissing
● coerced sexual activity

12. Sexual exploitation occurs when a
student takes non-consensual or
abusive sexual advantage of another
for his/her own advantage or benefit,
or to benefit or advantage anyone
other than the one being exploited,
and that behavior does not otherwise
constitute one of other sexual
misconduct offenses.

13. Examples of sexual exploitation include, but are not limited to:
• Invasion of sexual privacy
• Prostituting another student
• Non-consensual video or audio-taping of sexual activity
• Going beyond the boundaries of consent
(such as letting your friends hide in the closet to watch you having consensual sex)
• Engaging in voyeurism
• Knowingly transmitting an STI or HIV to another student
• Exposing one’s genitals in non-consensual circumstances
• Inducing another to expose their genitals
• Sexually-based stalking and/or bullying may also be forms of
sexual exploitation.

14. Student Conduct Code
43. D. Sexual Misconduct including all forms of sexual
violence, including but not limited to:
 the imposition of sexual contact or physical exposure without
consent;
 nonconsensual sexual intercourse;
 sexual profanity targeted toward an individual;
 all forms of intimidation or coercion to exact sexual favors;
 use of alcohol or other drugs to exact sexual contact;
 nonconsensual verbal, non-verbal, or cyber communication of a
sexual nature as well as nonconsensual photography, video or audio
taping or posting of sexual activity;
 sexual contact upon another who is reasonably unable to consent for
any reason, particularly due to their use of alcohol, or other
substances, emotional distress or sleep.

15. INSTITUTIONAL RESPONSIBILITIES
If a school knows, or reasonably
should know, about student on
student harassment, the school
must take immediate action to
eliminate the harassment, prevent
its recurrence and address its
effects.

16. YOU = COLLEGE
As an employee of
SUNY Oswego, if
YOU know…the
College knows.

17. YOUR MANY HATS…
Employee on/off campus
R.S.S. staff
Fraternity/SORORITY MEMBER

18. If you find out about a TITLE IX violation
involving a student, employee or
visitor, regardless of how you heard
about it or where it happened…
REPORT IT!
(Really, no exceptions! Any questions?)

19. IF YOU ARE A WITNESS
TO, OR HEAR ABOUT A
VICTIM OF AN ACT OF
VIOLENCE OR SOMEONE
REPORTS IT TO YOU …
REPORT IT!

20. WHO NOT WHERE
Title IX cares about who, especially
when it comes to our students.
-On campus -Off campus
-Out of town -Out of state
-Out of country
(you get the idea…)

21. IF SOMEONE REPORTS
TO YOU
 Tell your supervisor
 Refer victim to University Police or
other resources mentioned here

22. IF YOU WITNESS IT…
 Tell your supervisor
 File a written report
 Refer victim to University Police or
other resources mentioned here

23. CONFIDENTIALITY
You are not protected under confidentiality. You MUST
report in the following situations:
 Title IX (sexual harassment, sexual
misconduct, sexual assault)
 Child abuse (under 18)
 Physical Violence, Threats of Violence
 Other guidance related to on call procedures

24. CONFIDENTIALITY, WHAT
THE CODE SAYS:
The College will protect the privacy of all parties to a complaint or
other report of sexual harassment and sexual violence to the extent
possible.
When the College receives complaints of sexual
assault, harassment or sexual violence, the College has an
obligation to respond in a way that limits the effects of the sexual
harassment and sexual violence and prevent its recurrence.
Information will be shared as necessary in the course of an
investigation with people who need to know, such as
investigators, witnesses, and the accused.
If you are unsure of someone’s duties and ability to maintain
your privacy, ask them before you talk to them.

25. FILING A COMPLAINT:
1. University Police 315-312- 5555
2. Other Resources:
Affirmative Action 315-312-3702
Counseling Center 315-312-4416
Dean of Students 315-312-3214
Health Center 315-312-4100
Human Resources 315-312-3702
Judicial Affairs 315-312-3378
Lifestyles Center 315-312-5648
Services to Aid Families 315-342-1600 (or x7777)

26. WHAT WILL HAPPEN
WHEN IT IS REPORTED?
 We will explain victims options
 We will notify of on/off campus resources
 We will conduct an investigation, take
some action

27. JUDICIAL PROCESS
-Preponderance of evidence: “is it more
likely than not”
-Victims have option to participate in a
variety of ways
-Hearing will usually happen independent
of criminal case

28. RESOURCES

29. SEXUAL ASSAULT BROCHURE
Some of the info is here:
www.oswego.edu/administration/judicial

30. oswego.edu/student/handbook

31. UNIVERSITY POLICE
www.oswego.edu/administration/police
For more information about safety on campus read
the Annual Security and Fire Report:
-crime statistics for specific criminal offenses
and judicial referrals
-prevention programs and policies for sexual
assault, alcohol and other drug abuse, and
other safety concerns.

32. HUMAN RESOURCES
www.oswego.edu/administration/human_resources
Sexual Harassment Policy
Workplace Violence Policy
Domestic Violence Policy
Bias Response Report