Title IX

• Affirmative consent is a clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity.
• Consent is active, not passive.
• Silence or lack of resistance cannot be interpreted as consent.
• Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act.
• Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act.
• The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity or gender expression.
• Consent may be initially given but withdrawn at any time.
• When consent is withdrawn or cannot be given, sexual activity must stop.
• Consent cannot be given when a person is incapacitated.
• Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent.
• Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.

Sexual harassment consists of non-consensual sexual advances, requests for sexual favors, or other verbal or physical conduct on or off campus, when:

• Submission to such conduct is made either explicitly or implicitly a condition of an individual's employment or academic standing; or
• Submission to or rejection of such conduct is used as the basis for employment decisions or for academic evaluation, grades, or advancement; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating or hostile academic or work environment.
• Sexual harassment may be found in a single episode, as well as in persistent behavior.
• Nonverbal - May include staring at someone (e.g., "undressing someone with one's eyes"); blowing kisses; winking; or licking of one's lips in a suggestive manner; displaying sexually-oriented pictures or cartoons; using sexually-oriented screen savers; viewing pornographic websites.
• Verbal - May include telling jokes; using sexually explicit profanity or threats; describing sexual encounters with others; suggesting sexual activity; whistling in a sexually suggestive manner; using terms such as "honey", "babe", "sweetheart", "dear"; repeated requests for dates, etc.
• Physical Contact - May include touching, patting, pinching, bumping, grabbing, cornering or blocking a passageway, kissing, providing unsolicited back or neck rubs.
• Hostile Environment Harassment - Unwelcome conduct determined by a reasonable person to be so sever, pervasive and objectively offensive that it effectively denies a person equal access to SUNY Delhi's education program or activity.
• Quid Pro Quo Harassment (this for that) - Any conduct on the basis of sex where an employee conditions the provision of an aid, benefit, or service of the institution on an individual's participation in unwelcome sexual conduct.

• Ongoing, purposeful behavior that is aimed at dominating one's partner, and often one's children as well
• Domestic/dating abuse involves repeated, ongoing, intentional control tactics used by one partner against the other.
• Those tactics may be physical, sexual, economic, psychological, or all of the above.
• An abuser is someone who engages in a pattern of coercive control, not simply someone who physically assaults a partner.
• Victims need domestic violence services, safety planning, orders of protection, and support.
• Victims should not have to deal with domestic abuse all by themselves.

Any 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:
  • the length of the relationship;
  • the type of relationship; and
  • the frequency of interaction between the persons involved in the relationship.

Any felony or misdemeanor crimes commited by a person who:

• Is a current or former partner of the victim under the family or domestic violence laws of New York State, or a person similarly situated to a spouse of the victim;
• Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
• Share a child in common with the victim; OR
• Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of New York State.

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• fear for his or her safety or the safety of others; or
• suffer substantial emotional distress.

Nondiscrimination Policy 

U.S. Department of Education’s Title IX Regulations

 SUNY Delhi does not discriminate on the basis of sex, and prohibits sex discrimination in any Education Program or Activity that it operates, as required by Title IX and its regulations, including in admission and employment.

Inquiries about Title IX may be referred to SUNY Delhi’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both. SUNY Delhi’s Title IX Coordinator is Margie Heannings, Senior Human Resources Associate, 103 Bush Hall, heannimk@delhi.edu , 607-746-4499.

SUNY Delhi’s nondiscrimination policy and grievance procedures can be located at https://www.delhi.edu/mydelhi/hr/non-discrimination/index.php

To report information about conduct that may constitute sex discrimination, or make a complaint of sex discrimination under Title IX, please refer https://www.delhi.edu/mydelhi/hr/non-discrimination/index.php

Grievance Procedure for Complaints of Sex Discrimination for Student Respondents  

Grievance Procedure for Complaints of Sex Discrimination for Employee respondents (pdf)