4.1 Sex-Based Misconduct and Harassment Information
Genesee Community College (GCC) is committed to creating and maintaining an educational environment that is free from all forms of sex discrimination and sexual misconduct. Conduct involving sexual harassment, sexual violence, coercion, intimidation, or exploitation is inconsistent with the College’s values and will not be tolerated. Such behavior undermines personal dignity, erodes trust and safety, and can substantially interfere with a student’s ability to fully participate in the educational experience.
Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in education programs or activities that receive federal financial assistance. As the law provides, “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.” Under Title IX, prohibited sex-based discrimination includes conduct such as quid pro quo, sexual harassment, sexual assault (including rape), dating violence, domestic violence, stalking, sexual exploitation, retaliation, and other forms of sex-based harassment or discrimination that interfere with or limit an individual’s participation in or benefit from an education program or activity.
Consistent with its obligations under Title IX, GCC strictly prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking, whether the conduct falls within the scope of Title IX or is addressed through other institutional policies. Certain reports of sex-based misconduct may not meet the regulatory definition or jurisdictional requirements of Title IX but will nevertheless be addressed through other applicable College policies and procedures.
When the College becomes aware of an alleged act of sexual misconduct, it will take prompt and appropriate action to address the situation. This may include supportive measures, disciplinary action through College processes, coordination with state and local law enforcement where appropriate, and enforcement of mandatory transcript notations when required. In addition, GCC recognizes that preventing sexual misconduct is a shared responsibility and engages in ongoing prevention and awareness education for students and employees to foster a safe and secure campus environment.
4.2 Sexual Misconduct Reporting, Privacy,
Genesee Community College strongly encourages all members of the campus community to promptly report incidents of sexual misconduct. When the College receives a report, it will respond in a timely manner by offering supportive measures to the reporting individual and, when appropriate, initiating a grievance or alternative resolution process. Allegations will be evaluated and, where warranted, investigated by trained College officials using procedures that are prompt, equitable, and thorough. Both the complainant and the respondent will be afforded equitable rights, access to information, and procedural protections throughout the resolution process.
The College is committed to respecting the privacy of individuals involved in reports of sexual misconduct. GCC will work with students who seek confidential or private assistance, and certain professionals are designated by law as confidential resources. Employees who are not confidential resources are expected to maintain privacy to the greatest extent permitted by law and College policy and to share information only with appropriate College officials on a need-to-know basis. Information will not be disclosed beyond what is necessary to respond appropriately to the report and fulfill institutional obligations.
All sexual misconduct disciplinary proceedings use the preponderance of the evidence standard, meaning that a finding of responsibility will be made when the evidence shows it is more likely than not that the alleged conduct occurred. Complainants may choose to withdraw a complaint or decline participation in the College’s grievance process at any time; however, the College reserves the right to proceed with a response as necessary to ensure campus safety and compliance with applicable laws.
At the time of an initial disclosure to a College representative, reporting individuals will be informed of their rights and options, including the right to report to Campus Safety, local law enforcement, and/or State Police, or to choose not to report; the right to file a report with the College; the right to be protected from retaliation; and the right to receive supportive measures, resources, and assistance from the College, regardless of whether a formal complaint is pursued.
4.3 Title IX Related College Resources
The following links will direct you to additional information about Title IX topics:
Sexual Violence Response College Procedure 121.1
Options for Confidentially Disclosing Sexual Violence College Procedure 121.2
SUNY Sexual Violence Prevention (SVP) Campus Climate Survey GCC Board Policy 1021 Sexual Harassment
Crime Prevention and Reports
Responsible Employees
Differences Between the Penal Law and the College Disciplinary Processes
4.4 Students’ Bill of Rights
The State University of New York and Genesee Community College are committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in College-wide and campus programs, activities, and employment. All victims/survivors of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad:
All students have the right to:
Make a report to local law enforcement and/or state police;
Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure from the institution;
Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
Describe the incident to as few institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident;
Be free from retaliation by the institution, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
Access to at least one level of appeal of a determination;
Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process;
Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.
4.5 Options for Victims
Victims/survivors have many options that can be pursued simultaneously, and GCC follows SUNY’s Sexual Assault and Violence Response (SAVR) Procedures.
4.6 Alcohol, Marijuana, and/or Drug Use Amnesty in Sexual and Interpersonal Violence Cases
The health and safety of every student at the State University of New York and its State operated and community colleges is of utmost importance. Genesee Community College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Genesee Community College strongly encourages students to report incidents of domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Genesee Community College or law enforcement will not be subject to Genesee Community College officials or law enforcement will not be subject to Genesee Community College code of conduct action for violations of alcohol, marijuana, and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
4.7 Conduct Process for Cases Involving Sexual Misconduct
This section outlines the process for all cases of sexual misconduct, including Title IX sexual harassment, supplementing other sections of the Code.
If any conflict arises between this section and other portions of the Code, the provisions in this section govern the College’s response to sexual misconduct.
Reporting individuals may request that student conduct charges be filed against the accused. Conduct proceedings follow the Genesee Community College Code of Conduct, as well as applicable federal and New York State laws.
The College will honor a reporting individual’s request not to investigate or pursue conduct proceedings, unless, in good faith, the College determines that not investigating would fail to mitigate potential risk to the reporting individual or others. Multiple factors will be considered in this assessment.
During conduct proceedings, both the Respondent and the Complainant (reporting individual) have the following rights:
Due Process: Right to a process conducted fairly, impartially, and without conflicts of interest.
Presumption of Non-Responsibility: The Respondent has the right to a presumption of “not responsible” until a formal finding of responsibility is made. This right, along with other considerations specific to sexual assault, dating violence, domestic violence, and stalking, must be upheld throughout the process.
Confidentiality: Right for all information to be handled with privacy and confidentiality, as required by law and under GCC policies and procedures.
No Retaliation: Right to participate in the conduct process without fear of retaliation. Retaliation is defined as any intimidating, harassing, or retributive action including but not limited to violence, threats of violence, property destruction, adverse educational or employment consequence, and bullying of any person for reporting a violation or for participating in any way in the investigation or conduct process.
Prompt Response: Right to a timely handling of complaints. Sexual misconduct and other sensitive complaints will be given priority to ensure that GCC resolves them within 60 days, unless there are extenuating circumstances. The College will keep all parties informed of any delays and will ensure a prompt, fair, and equitable process throughout.
Concurrent Proceedings: Right to have the conduct process run concurrently with any criminal investigation or proceeding, except for temporary delays requested by law enforcement. Any such delays must be documented, communicated to both parties, and kept as brief as reasonably possible, generally not exceeding 10 days unless law enforcement provides written justification for a longer period.
Advisor Support: Right to be assisted by an advisor of choice during hearings and related meetings. Advisors may consult privately but may not present evidence or question witnesses. Either party may request a brief recess to consult their advisor.
Accommodations: Right to accommodations that ensure equitable, safe, and confidential participation in the process for both parties. Accommodations may include reasonable adjustments to support student safety in the process, supportive measures (see Section 4.7), or accommodations for students with disabilities. Accommodations may include, where reasonably available and appropriate, use of a visual screen, or participation via telephone, videophone, closed-circuit television, video conferencing, videotape, audiotape, written and/or electronic statement, or other approved methods. Both parties will be informed of available accommodations and how to request them.
Advance Notice: Right to receive advance written or electronic notice of meetings/hearings, including factual allegations, code provisions, and potential sanctions.
Impartial Investigation and Adjudication: Right to an investigation and adjudication by trained, impartial individuals, recognizing trauma effects, respondent rights, and relevant legal and policy standards.
Evidence Access: Right to offer evidence and to review all evidence directly related to the allegations in the case file. Access to evidence will be provided in a manner consistent with privacy protections, confidentiality requirements, and applicable law.
Exclusions of Prior History: Right to exclude evidence of the complainant’s prior sexual history with anyone, except as directly relevant to the current case and consistent with this Code and applicable law, or evidence of the individual’s mental health treatment, from disciplinary proceedings determining responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be considered only in determining appropriate sanctions, and both parties will be notified if such prior findings are considered.
Testimony: Right to present evidence and testimony at hearings, where appropriate.
Presence: Right to be present during testimony and questioning; deliberations are closed.
Impact Statement: Right to make an impact statement before deliberation begins.
Disclosure Choice: Right to choose whether to disclose the outcome.
Outcome Notification: Right to written or electronic notice of the outcome, including decisions, sanctions, and rationale.
Appeal: Right to at least one level of appeal before an impartial panel without conflicts of interest (see “Appeals” section).
Record Access: Right to access a complete record of the hearing, preserved for at least seven (7) years, including transcripts, recordings, or other appropriate documentation. Access will be provided in a manner consistent with FERPA and other applicable laws protecting privacy.
The Hearing Board or Administrative Hearing Officer holds final authority to determine violations of the Code. When a violation is found, appropriate sanctions will be imposed in consultation with the Title IX Coordinator (or designee) or, for non-Title IX matters, the Dean of Students. Dating violence, domestic violence, sexual assault, and stalking are considered extremely serious violations, subject to Suspension or Expulsion.
The burden of proof is the “preponderance of the evidence” standard, meaning it must be more likely than not that the misconduct occurred. If this standard is met, the Respondent will be found responsible.
4.8 Supportive Measures
After receiving a report alleging sexual misconduct, the Title IX Coordinator or Dean of Students (Deputy Title IX Coordinator) will coordinate interim actions, called “Supportive Measures” to assist the victim/surviving student (Complainant) and accused student (Respondent). These measures are designed to ensure the safety, well-being, and access to educational programs or activities for all involved while a complaint is under review. Supportive Measures are non-punitive, individualized, and may be temporary or ongoing depending on the circumstances.
Supportive Measures may include, but are not limited to:
Academic accommodations, such as deadline extensions, class schedule adjustments, or permission to attend classes remotely.
Housing or campus living adjustments to ensure physical separation.
No-contact directives or restrictions on communication between parties.
Changes to campus work or extracurricular assignments to prevent unnecessary interaction.
Counseling or health services referrals, including access to mental health or medical resources.
Interim modifications to campus transportation or parking arrangements.
The Title IX Coordinator will work with students to implement appropriate measures promptly and confidentially, and will review them regularly to ensure they continue to meet the needs of the parties involved. Supportive Measures are available regardless of whether the student chooses to file a formal complaint or pursue a grievance process. Students may request modifications, adjustments, or the removal of Supportive Measures at any time. If a student disagrees with the measures in place, they may appeal to the Title IX Coordinator, who will review the request and make a determination based on safety, fairness, and the educational needs of all parties.
Please see information on Title IX sanctions, transcript notation and appeals process in Section 6 below.