The University encourages all individuals who believe they have been subject to sexual harassment or discrimination—including sexual assault, dating violence, domestic violence, and/or stalking—to promptly report the alleged incident to University Public Safety, the Title IX Coordinator, or the Dean (or Dean of Students Office) of any of the University’s schools. The Title IX Coordinator can help individuals understand their options, rights, and available support services on-campus, and can assist with the on-campus reporting process; University Public Safety can assist in making a report to other area law enforcement agencies.
The Title IX Coordinator
Julia Green is the Title IX Coordinator for the University. She can be reached by phone at 585-275-1654 or via e-mail at julia.green@rochester.edu. Ms. Green is available to students, staff, and faculty to help clarify the process for making complaints, and to help address questions or reports regarding sexual harassment and assault, including dating and domestic violence and stalking. Ms. Green can provide information about how to report an incident to either the police or to a University official.
As Title IX Coordinator, Ms. Green and her staff educate the University community about sexual harassment and assault issues and can be consulted about questions or concerns regarding the relevant policies and processes.
Relevant Policies
The University Title IX Policy outlines the policies and procedures that govern the University’s grievance process to address complaints of Sexual Harassment, as that term is defined in the Title IX Regulations (34 C.F.R. Part 106) and in the University Title IX Policy.
The University’s Student Sexual Misconduct Policy (SSMP) describes additional, prohibited sex-based student behaviors that are not covered by the University Title IX Policy, as well as the policies and procedures that govern investigation and decision-making for complaints alleging these behaviors by students.
The University Policy Against Discrimination and Harassment (PADH) prohibits discrimination and harassment based on a number of protected classes, including sex. The PADH outlines the process the University uses to investigate complaints of harassment and discrimination against faculty, staff, visitors, patients and guests, to the extent the behavior is not covered by the Title IX Policy. This includes complaints brought by students, but not against students.
Overview of investigation and decision-making processes
In general, upon receiving a report the University may conduct an investigation, depending in part on the complaining party’s wishes. University investigations are prompt, fair and impartial, overseen by the Title IX Coordinator and/or Director of EEO Investigations (PADH), and conducted by investigators who receive annual training on, among other relevant topics, relevant University policies and issues related to sexual harassment, dating and domestic violence, sexual assault, and stalking (behaviors referred to as sexual misconduct). These investigators are trained in conducting investigations in a manner that protects the safety of parties and promotes accountability.
In Title IX and SSMP matters, after gathering all of the relevant information and evidence from a variety of sources, as applicable, the investigators will create an investigation report summarizing all such information and evidence. In some cases, that report is submitted to a decision maker for adjudication, either through a live hearing or an administrative hearing; the type of hearing depends on a number factors, including the type of misconduct alleged and status of involved parties. Other cases may be resolved through an informal process with all parties’ voluntary consent and agreement, again depending on the type of misconduct alleged and status of involved parties. In cases that proceed to a hearing, the decision maker/adjudicator evaluates the investigation report and evidence and may take testimony from parties and witnesses, and then uses the preponderance of evidence standard (more likely than not) to determine whether or not the conduct occurred as alleged, and if so, whether that conduct violates University policies.
The process for PADH matters differs in that the investigators evaluate whether the allegations are or are not substantiated by a preponderance of the evidence gathered and present these findings in an investigation report. The report is provided to a determination panel, which then applies the PADH to the factual findings to decide whether University policy was violated.
Potential Outcomes
Student violations of the Title IX Policy or Student Sexual Misconduct Policy may result in outcomes including, but not limited to: probation, suspension or expulsion from the University.
Employee violations of the Title IX Policy may result in outcomes including, but not limited to: training, discipline, suspension, demotion or termination from the University.
Employee violations of the PADH may result in outcomes including, but not limited to: adverse employment action including, but not limited to, written discipline through termination of employment and a ban from University of Rochester property.
On-campus Confidential Resources
The University Counseling Center, the Employee Assistance Program and the Chaplains are also available to discuss questions or problems concerning personal relationships and/or sexual harassment, sexual assault, dating or domestic violence and stalking.
These counseling services offer confidential, personal counseling and do not have the authority to discipline, expel or prosecute individuals.
External Confidential Resources
Students, faculty and staff who wish to seek confidential assistance without the University’s involvement may contact a number of Rochester area resources including:
- Lifeline 585-275-5151 or Dial 2-1-1
- RESTORE 585-546-2777
- Willow Domestic Violence Center 585-222-7233
- RESOLVE 585-425-1580
- Rochester Police Victim Assistance Unit 585-428-6630
Definitions
SEXUAL HARASSMENT
The University’s definition of sexual harassment is defined in the University’s Title IX Policy, Policy Against Discrimination and Harassment and in the Student Sexual Misconduct Policy, all of which are available online.
Depending on the facts and circumstances, the following behaviors may constitute sexual harassment:
- sexually degrading words or gestures
- verbal sexual abuse or harassment
- offensive sexual graffiti, pictures, or cartoons
- subtle pressure for sexual activity
- leering or ogling
- disparaging remarks to a person about their gender or gender identity
- unnecessary touching, patting, pinching, or brushing
- stalking, telephone, and/or computer harassment
- forced sexual contact including sexual assault and rape
- dating or domestic violence
SEXUAL ASSAULT
University Policy defines sexual assault as any sexual act directed against another person, without the consent of that person, including instances where the person is incapable of giving consent. Sexual assault includes: rape (the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of that person), fondling (the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of that person), incest (sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law), statutory rape (sexual intercourse with a person who is under the statutory age of consent. In New York, the statutory age of consent is 17 years old.)
Forcing someone to have sexual intercourse or engage in sexual contact is against the law. According to New York State law, rape occurs when a person is forced to have sexual intercourse or if she or he is nonconsenting, unable to consent, or fearful for life and safety. The force can be any amount, real or threatened, that places a person in fear of injury or fear for their life. A perpetrator does not have to use a weapon or cause physical harm to make the victim fear for her or his safety. A person is legally unable to consent if incapacitated due to drug or alcohol consumption, or being physically helpless, mentally incompetent, asleep, unconscious, or less than 17 years old. Depending on the age of those involved, amount of force used, type of sexual contact, and other factors, a perpetrator may be charged with sexual misconduct, rape, sodomy, and/or sexual abuse. These are crimes with penalties up to 25 years imprisonment and $5,000 fine.
DOMESTIC/DATING VIOLENCE
University Policy defines dating violence as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. 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 the relationship, and the frequency of interaction between the persons involved in the relationship.
University Policy defines domestic violence as felony or misdemeanor crimes of violence committed by: a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or 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 the jurisdiction.
According to New York State law, dating/domestic violence can be defined as any offense that a person might be charged with when one member in a household/relationship inflicts harm against another. Charges may include assault and attempted assault, menacing, harassment/aggravated harassment, disorderly conduct, stalking, reckless endangerment and more. Penalties will depend on severity of injuries, if any, whether minors were present, and if restraining or protective orders were violated.
STALKING
University Policy defines stalking as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress.
According to New York State law, stalking can be defined as engaging in a course of conduct directed at a specific person which is likely to cause fear of harm to the physical health, safety or property of such person. Conduct may consist of following, telephoning or initiating communication or contact. Sanctions range from up to 3 months in jail, to up to 7 years in prison, depending upon severity of offense.
If you have been subjected to dating violence, domestic violence, sexual assault or stalking …
- Call Public Safety at 585-275-3333 if you are on campus or the local police at 911 if you are off campus. You can notify Public Safety and the police even if you do not wish to file an official report or pursue criminal charges. Specially selected University Public Safety staff are available to work with you throughout the process.
- Get medical care as soon as possible. Do not shower, bathe, douche, change your clothes, brush your teeth, or eat until after you have been examined for physical injury and have discussed your medical options.
- If you believe you are the victim of stalking, seek a protective order limiting the ability of the alleged stalker to contact you in any way. University Public Safety (585-275-3333), the Rochester Police Department’s Victim Assistance Unit (585- 428-6630) and Legal Aid Society (585-295-5751) can assist you in obtaining a protective order from Criminal or Family Court. If you obtain an order of protection, you must bring the order to University Public Safety as quickly as possible. Upon notice of the order, the University will enforce the any provisions that apply on campus. The Judicial Officer for the University or the Title IX Coordinator can also issue Active Avoidance Orders that set expectations for no- contact between you and the alleged stalker on campus.
Please note that Active Avoidance Orders are not legal instruments and are only enforceable through the University’s internal adjudication processes.