Policy Reference Number
- TBD
Date of Last Update
December 18, 2025
Responsible Division
Enrollment Management and Student Affairs
Purpose
Members of the Tompkins Cortland Community College (“College”) community, guests, and visitors have the right to be free from discrimination and harassment on the basis of sex. 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.
This Policy for Addressing Formal Complaints Under the Title IX Regulations (Policy) is intended to define community expectations, to establish definitions to aid in determining when behavior violates these expectations, and to outline the options available in response to discrimination and harassment on the basis of sex. It is the College’s expectation that each individual will exhibit the respect, consideration, and responsibility that would prohibit discrimination and harassment.
This Policy is also intended to continue the College’s efforts to prevent and remedy discrimination and harassment based on sex. The requirements and protections of this Policy apply equally regardless of sex, sexual orientation, gender identity, gender expression, or other protected classes covered by federal or New York State law.
References
Discrimination and Harassment Policy.
Student Rights and Responsibilities Non-academic Code of Conduct
Contacts
Associate Vice President of Student Affairs, TitleIX@tompkinscortland.edu, ext. 4378
Policy Statement
This Policy applies to College students and employees who allege that they have experienced discrimination and/or harassment by a member of the College community, including, but not limited to, students, employees, alumni, prospective students and employees, vendors, and visitors to campus. The College reserves the right to continue a grievance process detailed in this Policy, even if a student withdraws from College or an employee ends their employment at the College during the process.
When the respondent is a member of the College community, one of the grievance processes detailed below may be available regardless of the status of the complainant, who may or may not be a member of the College community. The College’s ability to take disciplinary action against a respondent may be dependent on the respondent’s status within the College community. Additionally, the College’s ability to take disciplinary action against a respondent who is not part of the College community will be limited and is determined by the context of the conduct and the College’s relationship to the respondent.
If the respondent is unknown or is not a member of the College community, the Title IX Coordinator will assist the complainant in identifying appropriate supportive measures. The College may take other actions to protect the complainant against a third-party respondent, such as barring the respondent from College property and/or events.
Jurisdiction
This Policy covers conduct that meets the following criteria:
The conduct is alleged to have occurred on or after August 14, 2020;
The conduct is alleged to have occurred in the United States;
The conduct is alleged to have occurred in the College’s education program or activity; and
The alleged conduct, if true, would constitute covered sexual harassment as defined in this Policy.
Information shared or posted online, including social media, can also violate this Policy, if it creates a hostile learning or working environment.
Standard of Proof
The College uses the preponderance of the evidence standard for investigations and determinations regarding responsibility of formal complaints covered under this Policy. This means that the investigation and hearing, further detailed below, seek to determine whether it is more likely than not that a violation of the Policy occurred.
Definitions
For the purposes of this Policy, the following definitions apply:
Coercion
Coercion is when one person is pressured unreasonably for and/or manipulated into sex and is clearly distinct from seduction. Coercing someone into sexual activity violates that person’s agency and autonomy and this policy in the same way as physically forcing someone into sex.
Complainant
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.
Confidential Employee
Confidential employees are College employees that have a professional obligation to protect confidential information the confidential employee receives in the performance of their professional duties. Confidential employees can include; mental health professionals, other medical professionals, and clergy.
Education Program or Activity
For the purposes of this Title IX Policy, the College’s “education program or activity” includes:
Any on-campus premises; including additional properties.
Any off-campus premises that the 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 the College’s programs and activities over which the College has substantial control.
Affirmative Consent
Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Affirmative consent can only be given by a person with the capacity to do so and who has not been forced into doing so. The following are offered to further understanding of the definition of affirmative consent:
Affirmative 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 affirmative consent.
The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
Affirmative consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
Affirmative consent needs to be obtained each time partners engage in sexual activity.
Affirmative consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
Affirmative consent may be initially given but withdrawn at any time.
Affirmative consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
Affirmative consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
When affirmative consent is withdrawn or can no longer be given, sexual activity must stop.
In New York, persons under 17 years of age cannot give affirmative consent.
Force
Force is the use of physical violence and/or the imposition on someone physically to gain sexual access and can also include threats, intimidation (implied threats) and coercion that overcome resistance or produce consent. The absence of resistance does not imply the absence of force.
Formal Complaint
For the purposes of this Title IX 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 the College’s education program or activity and requesting initiation of the procedures consistent with the Policy to investigate the allegation of sexual harassment.
Grievance Process
Grievance Process will be an overarching term used to refer to the informal resolution and formal investigation processes that may be used by the College to resolve a matter reported to the College, when the Title IX Coordinator determines that the alleged prohibited conduct, if proven, would violate this Policy.
Incapacity
Incapacity is the lack of ability to make rational, reasonable decisions because the individual lacks the capacity to give knowing consent (e.g., to understand the “who,” “what,” “when,” “where,” or “how” of their sexual interaction.)
When drugs or alcohol are involved, incapacitation is a state beyond impairment or intoxication and involves an assessment of the person’s decision-making ability; awareness of consequences; ability to make informed, rational judgements; capacity to appreciate the nature and quality of the act; and/or level of consciousness.
Relevant Evidence and Questions
“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.
Parties
Parties will collectively refer to the complainant(s) and respondent(s).
Prohibited Conduct
Prohibited conduct will refer to any of the alleged prohibited conduct, detailed below, that violates the Policy.
Reporter
Reporter will refer to the person bringing the alleged prohibited conduct to the attention of a responsible employee, including, but not limited to the Title IX Coordinator or designee.
Respondent
Respondent means any individual who has been reported to be the perpetrator of alleged prohibited conduct that could constitute covered sexual harassment as defined under this Policy.
Responsible Employee
Responsible employee refers to any employee of the College who is not a confidential employee.
Privacy vs. Confidentiality
References made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or College officials without permission.
Prohibited Conduct Under this Policy
For the purposes of this Policy, Title IX prohibited conduct is conduct on the basis of sex that satisfies one or more of the following:
Resolution Number
2025-2026-8