Supporting Inclusion for all
The University at Buffalo investigates complaints of sexual violence in accordance with its Title IX Grievance Policy.
UB's Title IX Policy governs claims of sexual harassment and sexual violence that fall under Title IX. The policy is consistent with Title IX regulations Download pdf, effective August 14, 2020. Here are some important facts about the Title IX process:
In order to proceed with disciplinary action for conduct and allegations that fall under Title IX, the University must be in receipt of a formal complaint that a complainant signs and submits electronically or in writing. If the Title IX Coordinator believes that an investigation is necessary to protect the safety of the complainant or the UB community, the Title IX Coordinator may file a complaint on the complainant's behalf, even if the complainant does not wish to do so. In this case, the complainant will receive notice of any hearing dates, findings, or other relevant developments.
The University must provide the respondent to a complaint with notice of the allegations and the opportunity to secure an advisor of choice prior to any meetings or interviews under the Title IX process. It is important to note that criminal investigations are conducted separately from Title IX investigations and are not subject to the Title IX notice requirement.
The Office of Equity, Diversity and Inclusion conducts the investigation into the complainant's allegations. The investigation includes interviewing the complainant, the respondent, and witnesses. Both parties may submit evidence on their own behalf, which may include text messages, recordings, photographs, medical records, or any other evidence that they believe supports their statements. Both parties may name witnesses for EDI to interview.
EDI will provide all of the evidence to both parties and their advisors to review, and they will have an opportunity to respond to the evidence and submit additional evidence. The evidence will include witness statements and/or an EDI summary of the witness interviews.
Complainants and respondents to a complaint may be accompanied by an advisor of their own choosing for any meetings during the investigation and hearing process.
For the conduct hearing, the advisor of choice may ask questions of the other party after the hearing officers conduct their own questioning. Please note that the Title IX regulations do not allow parties to conduct cross-examination directly. The advisor of choice may be an attorney, but this is not required. The advisor may be anyone the party chooses, including the party's parent, sibling, or other relative, or a friend, another student or a UB employee. UB will provide an advisor if the party does not have one.
The Title IX procedure applies to complaints that occur in UB's "education program or activity," which means that there are situations that may fall outside of the policy. These include sexual harassment or sexual violence where:
UB's Student Code of Conduct prohibits sexual harassment and sexual violence that falls outside of the Title IX's jurisdiction. UB is required to address this conduct under New York State's Enough is Enough legislation, and under the New York State Human Rights Law. UB will hear sexual harassment and sexual violence claims that fall outside of Title IX consistent with its Administrative Hearing Procedures. Download pdf
Individuals who have experienced sexual violence and individuals who have been accused of sexual violence have the right to receive supportive measures from the University. This is the case regardless of whether a person has decided to file a formal Title IX complaint or is eligible to do so. Supportive measures are non-disciplinary and non-punitive. As appropriate, supportive measures may include, but are not limited to, the following:
UB's Options for Confidentially Disclosing Sexual Violence provides information about support and reporting. UB students and employees may consult confidentially with a Crisis Services Advocate for support, advocacy, and assistance by calling or texting 716-796-4399 or email at campusadv1@crisisservices.org.
Anyone who has experienced sexual violence at UB may report this to the University Police Department (available 24 hours per day, 7 days per week) at 716-645-2222. More information is available at https://www.buffalo.edu/police.html. Because acts of sexual violence may violate criminal law in addition to UB policy, UPD will conduct a criminal investigation of allegations within its jurisdiction. The criminal investigation is separate from a Title IX investigation.
A student or employee who would like more information about reporting a Title IX violation can initiate the process by scheduling a consultation with a representative of Equity, Diversity and Inclusion (EDI), which serves as UB's Title IX office. An EDI representative will discuss supportive measures as well as options for a criminal investigation and a Title IX investigation. If the student or employee wishes to pursue the Title IX process, the EDI representative will provide a complaint form.
The 2020 Title IX regulations require that Title IX Coordinators, investigators, and decision-makers receive training on topics that include the following:
Title IX is commonly associated with equity in athletic facilities and opportunities. While Title IX covers these areas, it also protects both men and women against gender-based discrimination in any school program or activity. It also requires schools to take appropriate action in cases of sexual harassment and sexual assault.