Discrimination and Harassment

Discrimination:
Discrimination is different or disparate treatment with respect to a person’s employment
or participation in an education program or activity based, in whole or in part, upon the
person’s actual or perceived protected characteristic. Discrimination also includes
allegations of a failure to provide reasonable accommodations as required by law or
policy, such as for disability, religion, or creed.

Discrimination primarily takes two forms:
1) Disparate Treatment Discrimination: Any intentional differential treatment of a person or persons that is based on a person’s actual or perceived protected characteristic and that:

• Excludes a person from participation in;
• Denies the person benefits of; or
• Otherwise adversely affects a term or condition of a person’s
  participation in a College program or activity.

2) Disparate Impact Discrimination: Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:

• • Excludes an individual from participation in;
  • Denies the individual benefits of; or
  • Otherwise adversely affects a term or condition of an individual’s
    participation in a College program or activity.

Discriminatory Harassment:
Is unwelcome conduct on the basis of actual or perceived protected characteristic(s), that based on the totality of the circumstances, is subjectively and objectively offensive, and is so severe or pervasive, that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity.

Dating Violence is defined as:
a. violence,
b. on the basis of sex,
c. committed by a person,
d. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; sexual assault, dating violence, domestic violence, and stalking.

1) Quid Pro Quo:

• an employee agent, or other person authorized by the College,
• to provide an aid, benefit, or service under the College’s education program or activity,
• explicitly or impliedly conditioning the provision of such aid, benefit, or service,
• on a person’s participation in unwelcome sexual conduct.

2) Hostile Environment Harassment:

• unwelcome sex-based conduct, that
• based on the totality of the circumstances,
• is subjectively and objectively offensive, and
• is so severe or pervasive,
• that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity.

The College reserves the right to address offensive conduct and/or harassment that (1) does not rise to the level of creating a hostile environment, or (2) that is of a generic nature and not based on a protected characteristic. If it is apparent on the face of the allegations that the situation does not rise to the level of a violation of this Policy, the College may opt to address the situation through another applicable policy or through an entirely informal process without a specific protocol.

Sexual Exploitation:

• A person taking non-consensual or abusive sexual advantage of another, that does not constitute Sex-based Harassment as defined above,
• for their own benefit or for the benefit of anyone other than the person
  being exploited.

Examples of Sexual Exploitation include, but are not limited to:

• Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
• Invasion of sexual privacy (e.g., doxxing)
• Knowingly making an unwelcome disclosure of (or threatening to disclose) a person’s sexual orientation, gender identity, or gender expression.
• Taking pictures, video, or audio recording of another person in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography.

Bullying:
Repeated and/or severe aggressive behavior that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish the Complainant that is not speech or conduct that is otherwise protected by the First Amendment.

Endangerment:
Threatening or causing physical harm or extreme verbal, emotional, or psychological abuse; or other conduct which threatens or endangers the health or safety of any person or damages their property.

Hazing:
Any act or action which does or is likely to endanger the mental or physical health or safety of any person as it relates to a person’s initiation, admission into, or affiliation with any Recipient group or organization.

For the purposes of this definition:

• It is not necessary that a person’s initiation or continued membership is contingent upon participation in the activity, or that the activity was sanctioned or approved by the student group or student organization, for an allegation of hazing to be upheld.
• It shall not constitute an excuse or defense to a hazing allegation that the participants took part voluntarily, gave consent to the conduct, voluntarily assumed the risks or hardship of the activity, or that no injury was suffered or sustained.
• The actions of alumni, active, new, and/or prospective members of a student group or student organization may be considered hazing.
• Hazing is not confined to the student group or student organization with which the person subjected to the hazing is associated.

Retaliation:
Adverse action, including intimidation, threats, coercion, or discrimination, against any person, by the College, a student, employee, or a person authorized by the College to provide aid, benefit, or service under the College’s education programs or activities;

for the purpose of interfering with any right or privilege secured by law or this Policy; or

because the person has engaged in protected activity, including reporting information, making a Complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or Resolution Process under this Policy, including an Informal Resolution process, or in any other appropriate steps taken by the College to promptly and effectively end any sex discrimination in its education program or activity, prevent its recurrence, and remedy its effects.

The exercise of rights protected under the First Amendment does not constitute retaliation. It is also not retaliation for the College to pursue Policy violations against those who make materially false statements in bad faith in the course of a resolution under the Hartwick the College’s Discrimination and Harassment Policy and Resolution Process. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.

Unauthorized Disclosure:

Distributing or otherwise publicizing materials created or produced during an investigation or Resolution Process except as required by law or as expressly permitted by the College; or publicly disclosing institutional work product that contains personally identifiable information without authorization or consent.

Failure to Comply/Process Interference:

• Intentional failure to comply with the reasonable directives of Title IX
  Coordinator in the performance of their official duties, including with the
  terms of a no-contact order.
• Intentional failure to comply with emergency removal or interim
  suspension terms.
• Intentional failure to comply with sanctions.
• Intentional failure to adhere to the terms of an Informal Resolution
  agreement.
• Intentional failure to comply with mandated reporting duties as defined in
  this Policy.
• Intentional interference with the Resolution Process, including but not
  limited to:
• Destruction of or concealing of evidence;
• Actual or attempted solicitation of knowingly false testimony or providing false testimony or evidence;
• Intimidating or bribing a witness or party.

Title IX is a federal law, enforced by the US Department of Education’s Office for Civil Rights, which protects all individuals at an educational institution from any form of sex and gender-based discrimination and harassment, which includes sexual assault, dating/domestic violence, and stalking. All institutions that accept federal financial funding must comply with Title IX.

All Hartwick students; Hartwick employees including faculty and visiting faculty, staff, and
administrators; contractors, subcontractors, vendors, or third parties; and visitors or guests affiliated with the College are required to uphold and adhere to Hartwick College’s Title IX and Sexual Misconduct Policy.

All reported violations of this policy will be reviewed in accordance with the grievance
process outlined in the Policy.

The Nondiscrimination and Title IX Team is a neutral party that engages in the Discrimination and Harassment Policy’s grievance procedures.

Members of the Nondiscrimination and Title IX Team are trained annually, and can serve in
the following roles, at the discretion of the Title IX Coordinator:

• Advisor to Parties
• Informal Resolution Facilitator
• Investigator
• Hearing Officer

Nondiscrimination and Title IX Team Member Appointment

The Title IX Coordinator, in consultation with senior administrators as necessary, appoints
the Nondiscrimination and Title IX Team, which acts with independence and impartiality.

The Title IX Coordinator and Deputy Title IX Coordinators listed below provide support to
compliance with this Policy. This includes but is not limited to, receiving and assessing
reports made to the College of allegations in violation of this Policy, assisting in applicable response and resolution processes, and creating and promoting educational programming on discrimination and harassment awareness and active prevention

The Title IX Coordinator and Deputy Title IX Coordinators are also designated to coordinate and implement supportive and safety measures including, but not limited to, academic and housing accommodations, referral to counseling and health services, coordination with law enforcement, and referral to on and off-campus confidential resources.

The College recognizes that allegations under this Policy include multiple forms of
discrimination and harassment as well as violations of other applicable College policies;
may involve various combinations of students, faculty, staff, and other members of the
College community; and may require the simultaneous attention of multiple College
departments. Accordingly, all College departments will share information, combine efforts,
and otherwise collaborate, to the maximum extent permitted by law and consistent with
other applicable College policies, to provide uniform, consistent, efficient, and effective responses to alleged discrimination, harassment, or retaliation.

Geoffrey P. Gabriel
Title IX Coordinator / College Compliance Officer
Shineman, 102
607-431-4293
[email protected]

Cary Dresher
Deputy Title IX Coordinator
Dean of Students
Office of Student Experience Dewar, 4th Floor
607-431-4532
[email protected]

Colleen Bunn
Deputy Title IX Coordinator
Director of Residential Life & Community Standards
Office of Student Experience
Dewar, 4th Floor
607-431-4504
[email protected]

Sarah Lombard
Head Women’s Basketball Coach
Athletic Department
607-431-4709
[email protected]

Meet the Title IX Team

Typically the following steps are taken after a report is filed:

The Title IX Coordinator will reach out to the individual or group that submitted a report to offer supportive measures, and provide information about their rights and options moving forward. An individual or group is not required to respond to the Title IX Coordinator.

If an individual or group submits a report to the College, hereafter referred to as the
Complainant, the Complainant will determine whether they want to engage in the grievance
procedures under the Discrimination and Harassment Policy. Grievance procedures include
but are not limited to informal resolutions, mediation, alternative resolutions, and a formal resolution (investigation). With very few exceptions, the College with honor the requests of a Complainant in determining whether to initiate a grievance procedure under the Discrimination and Harassment Policy

If applicable, the Title IX Coordinator will notify the individual or group to which allegations of violations of the Discrimination and Harassment Policy, hereafter referred to as the Respondent of the nature and details of the allegation(s). The Respondent will be informed of their respective rights and offered supportive measures.

The Title IX Coordinator will initiate an investigation, if appropriate.

A Complainant or Respondent is not required to participate in a grievance process, and will not be discredited for not participating.

The Respondent is considered not responsible for violations of the Discrimination and
Harassment Policy unless and until the preponderance of the evidence proves that a
violation of the Policy has occurred.

More Information

Perrella Wellness Center Counseling Services, 607-431-4420 or, on nights and weekends 607-431-4111, [email protected]

Perrella Wellness Center Health Services, 607-431-4120, [email protected]

• Opportunities for Otsego (OFO): https://ofoinc.org/
• Opportunities for Otsego, Violence Intervention Program (VIP), 607-432-4855 24-hour hotline, https://ofoinc.org/find-program/violence-intervention-program
• (OFO-VIP) Jess Eklund – Victim Advocate 607-386-5663
• NYS Domestic Violence Hotline, 1-800-942-6906
• New York State Office of Victim Services, 1-800-247-8035
• NYS Division of Human Rights Sexual Workplace Sexual Harassment: 1-800-
  HARASS-3 (available M-F 9 am-5 pm)
• A.O. Fox Hospital, 1 Norton Drive, Oneonta, NY 13820, 607-432-2000
• Bassett Medical Center, 1 Atwell Drive, Cooperstown, NY 13326, 607-547-3456
  These confidential resources can help and provide information regarding medical
  assistance and treatment (including information about sexually transmitted infections,
  and sexual assault forensic examinations), and resources available through the New
  York State Office of Victim Services, and law enforcement options. The on-campus
  health and counseling services noted as confidential reporting resources are
  available to students free of charge. Employees are not eligible for on-campus
  services, but eligible employees may utilize their Employee Assistance Program
  (“EAP”) benefits. More information regarding EAP benefits is available to employees
  online in D2L (online intranet). The above-listed hotlines are also available free of
  charge. All of the confidential resources maintain confidentiality except in extreme
  cases of the immediacy of threat, danger, or abuse of a minor.

The following resources and reporting options can be utilized independently of or in
conjunction with an internal report being made to the College. If you or someone you
know is or may be the victim of any form of sexual assault, dating violence, domestic
violence or stalking, the College strongly urges you to seek immediate assistance.
Assistance is available 24 hours a day, 7 days a week, from:

• Call 911
• A.O. Fox Hospital, 1 Norton Drive, Oneonta, NY 13820, 607-432-2000
• Bassett Medical Center, 1 Atwell Drive, Cooperstown, NY 13326, 607-547-3456
• NYS Office of Victim Services Toll-Free Number – 800-247-8035 *can report
  anonymously
• NYS Domestic Violence and Sexual Assault Hotline, provides crisis intervention,
  shelter services, and referrals 800-942-6906

The College’s Campus Safety staff is available to respond immediately when contacted and can provide individuals with assistance in obtaining medical treatment.

Contact Campus Safety, Dewar 3rd floor, 607-431-4111. For your safety and well-being, immediate medical attention is encouraged. Sexual Assault Nurse Examiners (SANE) are specially trained medical professionals and are available locally and regionally at Basset Medical Center and A.O. Fox Hospital. Opportunities for Otsego are available to advocate and assist with medical assistance.