Title IX Definitions

The terms “SUNY Broome” and “College” mean SUNY Broome, State University of New York Community College.

“Institution” shall mean any college or university chartered by the regents or incorporated by special act of the legislature that maintains a campus in New York.

“Title IX Coordinator” shall mean the Title IX Coordinator and/or his or her designee or designees.

“Business Day” shall mean any day except Saturday, Sundays, and/or any day which is a federal holiday or in which the college is closed.

“Education Program or Activity” shall mean SUNY Broome Community College’s education program or activity” includes:

• Any on-campus premises
• Any off-campus premises that SUNY Broome Community College has substantial control over. This includes buildings or property owned or controlled by a recognized student organization.
• Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of SUNY Broome Community College’s programs and activities over which SUNY Broome Community College has substantial control.

“Bystander” shall mean a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution.

1. A bystander does not become a “reporting individual” when they bring forth a report. They remain a bystander.

“Code of conduct” shall mean the written policies adopted by an institution governing student behavior, rights, and responsibilities while such student is matriculated in the institution.

“Confidentiality” shall be to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse.

“Privacy” shall be SUNY Broome Community College offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. Most SUNY Broome employees are required to report known incidents of sexual assault, or other crimes. They will not share the private information beyond what is required or needed to comply with law and policy.

“Accused” shall mean a person accused of a violation who has not yet entered an institution’s judicial or conduct process.

“Respondent” shall mean any individual who has been reported to be the perpetrator of conduct that could constitute covered sexual harassment as defined under this policy.

“Complainant” For the purposes of this Title IX Grievance Policy, Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute covered sexual harassment as defined under this policy.

“Reporting individual” shall encompass the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by an institution to reference an individual who brings forth a report of a violation.

1. A bystander or third party does not become a “reporting individual” when they bring forth a report.

“Formal Complaint” or the purposes of this Title IX Grievance Policy, “formal complaint” means a document – including an electronic submission – filed by a complainant with a signature or other indication that the complainant is the person filing the formal complaint, or signed by the Title IX Coordinator, alleging sexual harassment against a respondent about conduct within SUNY Broome education program or activity and requesting initiation of the procedures consistent with the Title IX Grievance Policy to investigate the allegation of sexual harassment.

The term “consent” means 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.

The term “sexual violence” means physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol, or due to an intellectual or other disability. Acts of sexual violence include rape, sexual assault, sexual battery and sexual coercion.

The term “sexual assault” is defined as sexual acts that include but are not limited to unwanted touching of an intimate part of another person such as sexual organ, buttocks or breast; sodomy; oral copulation; and rape by foreign object by a friend, acquaintance or stranger:

1. that is forced, manipulated or coerced through use of verbal coercion, intimidation (emotional and/or physical), threats, physical restraint and/or physical violence; and/or
2. where no consent was given due to the victim’s being unconscious, asleep or unable to communicate, or to the victim’s saying nothing; and/or
3. where the victim is temporarily incapable of appraising or controlling his or her conduct owing to the influence of alcohol or other drugs he or she consumed or to any other act committed upon him or her without his or her consent.

The term “rape” is defined as sexual intercourse with a friend, acquaintance or stranger:

1. that is forced, manipulated or coerced through use of verbal coercion, intimidation (emotional and/or physical), threats, physical restraint, and/or physical violence; and/or
2. where no consent was given due to the victim’s being unconscious, asleep or unable to communicate, or to the victim’s saying nothing; and/or
3. where the victim is temporarily incapable of appraising or controlling his or her conduct owing to the influence of alcohol or other drugs he or she consumed or to any other act committed upon him or her without his or her consent.

“Harassment” is unwelcome conduct by any means, including electronic, directed against a person which is so severe or pervasive that it interferes with an individual’s employment, academic performance or participation in SUNY Broome programs or activities, and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive. Harassment includes bullying and cyberbullying.

The term “covered sexual harassment” includes any conduct on the basis of sex that satisfies one or more of the following:

1. An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity;
3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent;
4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) 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 relationship; (iii) The frequency of interaction between the persons involved in the relationship.
5. Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any 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 New York States domestic or family violence laws 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 New York State
6. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to– (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

*Note that conduct that does not meet one or more of these criteria may still be prohibited under the Code of Conduct.*

The term “sexual activity” shall have the same meaning as “sexual act” and “sexual consent” as described below:

1. The term “sexual act” means—
   1. contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;
   2. contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
   3. the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
   4. the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
2. The term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

“Relevant” evidence and questions refer to any questions and evidence that tends to make an allegation of sexual harassment more or less likely to be true.“Relevant” evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of the Title IX Grievance Process:

• Evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless:
  • They are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
  • They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. 34 C.F.R. § 106.45(6)(i).
• Evidence and questions that constitute, or seek disclosure of, information protected under a legally-recognized privilege.
  • Any party’s medical, psychological, and similar records unless the party has given voluntary, written consent. 85 Fed. Reg. 30026, 30294 (May 19, 2020).