Introduction
What is the purpose of the Title IX Grievance Policy?
Title IX of the Educational Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access our educational programs and opportunities.
On May 19, 2020, and again on April 26, 2024 the U.S. Department of Education issued Final Rules under Title IX of the Education Amendments of 1972 that:
- Defines the meaning of “sexual harassment” (including forms of sex-based violence);
- Addresses how this institution must respond to reports of misconduct falling within that definition of sexual harassment; and
- Mandates a grievance process that this institution must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment.
34 CFR Part 106 (April 26, 2024). See the full text of the 2024 Unofficial Final Rule and its extensive preamble (PDF) which covers allegations of incidents dating on or after August 1, 2024.
Based on the Final Rule, SUNY Cortland will implement the 2024 Title IX Grievance Policy, effective August 1, 2024 which covers allegation of incidents dating on or after August 1, 2024.
85 Fed. Reg. 30026 (May 19, 2020). See the full text of the 2020 Final Rule and its extensive preamble (PDF) which covers allegations of incidents dating on or prior to July 31, 2024.
Based on the Final Rule, SUNY Cortland has implement the 2020 Title IX Grievance Policy, effective Aug. 14, 2020 which covers allegations of incidents dating on or prior to July 31, 2024.
How does the Title IX Grievance Policy impact other campus disciplinary policies?
In recent years, “Title IX” cases have become a shorthand for any campus disciplinary process involving sex discrimination, including those arising from sexual harassment and sexual assault. But under the Final Rule, SUNY Cortland must narrow both the geographic scope of its authority to act under Title IX and the types of “sexual harassment” that it must subject to its Title IX investigation and adjudication process. Only incidents falling within the Final Rule’s definition of sexual harassment will be investigated and, if appropriate, brought to a live hearing through one of the the Title IX Grievance Policy's linked below.
SUNY Cortland remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule.
Specifically, our campus has:
- A Student Code of Conduct that defines certain behavior as a violation of campus policy, including sections addressing sexual harassment, sexual assault, domestic violence, dating violence, stalking and related sex-based offenses. The Student Code of Conduct is available online.
- A Discrimination Complaint Procedure that provides a mechanism through which the university will identify, respond to, prevent and eliminate illegal discrimination, including discrimination based on sex, sexual orientation, domestic violence victim status and gender identity. The Discrimination Complaint Procedure is available on the Human Resources Office’s website.
To the extent that alleged misconduct falls outside the either the 2020 or 2024 (based on the date of the incident) Title IX Grievance Policy, or misconduct falling outside either of the Title IX Grievance Policy is discovered in the course of investigating covered Title IX misconduct, the institution retains authority to investigate and adjudicate the allegations under the policies and procedures defined within the Student Code of Conduct or Discrimination Complaint Procedure through a separate grievance proceeding.
The elements established in the Title IX Grievance Policy under the 2020 and 2024 Final Rules have no effect and are not transferable to any other policy of the university for any violation of the Code of Conduct, employment policies or any civil rights violation except as defined in these Policies. These Policies do not set a precedent for other policies or processes of the university and may not be cited for or against any right or aspect of any other policy or process.
How does the Title IX Grievance Policy impact the handling of complaints?
Our existing Title IX Office and reporting structure remains in place. What has changed is the way our Title IX Office will handle different types of reports arising from sexual misconduct, as detailed in the procedures.
For incidents alleged to have happened on or after August 1, 2024 with the accused being a SUNY Cortland student, please see the 2024 Title IX Student Grievance Procedures (PDF)
For incidents alleged to have happened on or after August 1, 2024 involving a SUNY Cortland employee, please see the 2024 SUNY Discrimination Complaint Procedure.
For incident alleged to have happened on or before July 31, 2024 with the accused being a SUNY Cortland student, please see the 2020 Title IX Student Grievance Procedures (PDF).
For incidents alleged to have happened on or before July 31, 2024 with the accused being a SUNY Cortland employee, please see the Discrimination Complaint Procedure.
Contact:
Director of Title IX Coordinator/Affirmative Action Officer
Maggie Wetter
Miller Building, Room 309, Cortland, New York, 13045
607-753-2263