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Thursday, September 14, 2017

From the Chief Diversity Officer

Posted: Monday, September 11, 2017

Title IX at Buffalo State

This memo serves as an annual notice to the Buffalo State community to provide information about Title IX. 

Title IX of the Education Amendments of 1972 prohibits sex discrimination in education. It reads: “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.”

Most people understand Title IX only in terms of its application to gender equity in athletics; however, Title IX extends protections against discrimination to educational institutions. These protections are not just for students; faculty and staff also are covered by the protections of Title IX.

The Title IX coordinator for Buffalo State is the chief diversity officer, Karen A. Clinton Jones. She can be reached at (716) 878-6210, joneska@buffalostate.edu, or Cleveland Hall 415.

The types of activities that invoke Title IX protections include gender discrimination, domestic violence, dating violence, sexual harassment, sexual assault, and stalking.

If a person has experienced any of the behaviors described, the following resources are available:

  • For medical attention, go to the Weigel Wellness Center or call University Police at (716) 878-6333.
  • For immediate concerns regarding physical safety, contact University Police at (716) 878-6333.
  • To discuss the situation with a counselor, contact the Weigel Wellness Center at (716) 878-4436.

Additionally, those who have experienced any behavior noted above have the right to the following:

  • To have disclosures of sexual violence treated seriously
  • To maintain their anonymity, file a complaint or grievance with the Title IX coordinator, and participate in the student conduct or legal process
  • To be treated with dignity, courtesy, and fairness and to receive respectful health care and counseling services
  • To be free from any suggestion that the complainant is at fault when these crimes and violations are committed
  • To describe the incident to as few individuals as practicable and not be required to unnecessarily repeat a description of the incident
  • To be free from retaliation by the college, the respondent, or their friends, family, or acquaintances
  • Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or conduct processes of the college

Options in Brief

Complainants have many options that can be pursued simultaneously, including one or more of the following:

  • To file criminal charges with local criminal courts. Buffalo State University Police will assist complainants in filing criminal charges with local criminal courts. University Police will provide guidance on how to obtain a restraining order or a no contact order and will assist with enforcing the order.
     ⇒ University Police Department: Chase Hall 110, (716) 878-6333
  • To file student disciplinary charges against the respondent(s). Disciplinary actions are sanctioned in accordance with the Buffalo State Code of Student Rights, Responsibilities and Freedoms (PDF, 1283 KB). Throughout disciplinary hearings, the complainant and the respondent will have the same opportunity to have others present. Both parties will receive written notice of the outcome of a disciplinary process. In a campus disciplinary hearing, complainants have a range of options for providing testimony, including telephone and videoconferencing or testifying with a room partition. Complainants and respondents have a right to know the range of sanctions that may be imposed on the respondent based on the outcome of the disciplinary proceeding, which can include suspension, expulsion, disciplinary probation, community service, loss of college privileges, counseling, warning, a no contact order, or other sanction(s) as deemed appropriate based on the disciplinary finding and severity of the offense.
    ⇒ Student Conduct and Community Standards Office: Campbell Student Union 311, (716) 878-4618
  • To report the incident to Human Resource Management when the complaint involves a college employee. A complainant may report the incident to Human Resource Management, where disciplinary proceedings will be conducted in accordance with applicable collective bargaining agreements.
    ⇒ Human Resource Management, Cleveland Hall 403, (716) 878-4822
  • To file a report of discrimination and harassment, or to talk to the Title IX coordinator for information and assistance. Reports of discrimination and harassment will be investigated in accordance with the Buffalo State policy. If a victim wishes to keep his or her identity private, he or she may contact the Equity and Campus Diversity Office anonymously to discuss the situation and identify available options.  
    ⇒ Equity and Campus Diversity, Cleveland Hall 415,  (716) 878-6210
  • To have any student conduct or employee disciplinary proceeding or discrimination complaint investigated in a prompt, impartial, and thorough manner by individuals who receive annual training in conducting investigations and the issues related to sexual assault, domestic violence, dating violence, and stalking.
  • To pursue more than one of the above options at the same time, or to choose not to participate in any of the above options. Please note that if a criminal complaint is filed, Buffalo State may delay its investigation while the law enforcement agency is gathering evidence.
  • To maintain confidentiality regarding the incident and any disciplinary proceedings or discrimination complaints. Campus officials will provide information only as necessary to proceed with a hearing or complaint investigation.
  • To choose to speak, or not to speak, about the outcome of a disciplinary hearing.
  • To obtain a change in academic or housing arrangements in order to avoid remaining in a hostile environment.
    ⇒ Dean of Students Office, Campbell Student Union 311, (716) 878-4618
  • To obtain counseling, health, and support services.
    ⇒ Counseling services, Weigel Wellness Center 219, second floor, (716) 878-4436
    ⇒ Weigel Wellness Center, ground floor, (716) 878-6711​
    Crisis Services, Erie County 24-hour hotline, (716) 834‐3131​
    ⇒ Crisis Services Advocate Program
    ⇒ NYS Office of Victim Services, victim advocacy, Buffalo (716) 847-7996

For information about how to file a complaint or grievance, please contact Dr. Clinton Jones in the Equity and Campus Diversity Office, Cleveland Hall 415, at joneska@buffalostate.edu or by phone at (716) 878-6210; or the contact the Dean of Students Office, Campbell Student Union 311, (716) 878-4618.

To file a complaint, members of the campus community should understand the following:

  • If the matter is a crime, contact University Police.
  • If a student wishes to file a complaint against another student, contact the Dean of Students Office.
  • If a student wishes to file a complaint against an employee, contact the Equity and Campus Diversity Office.
  • If an employee wishes to file a complaint against another employee or a student, contact the Equity and Campus Diversity Office.

Members of the college faculty and staff—including student staff members—who are informed about allegations of sexual harassment, sexual violence, or any of the behaviors listed above are expected to report those allegations to their supervisors or to any of the offices listed above.

Information regarding Title IX, the Sexual Violence Response Policy, the Sexual Violence Bill of Rights, and the Confidentially Disclosing Sexual Violence Policy can be found on the Equity and Campus Diversity website.

Revised September 7, 2017

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