Title IX

What is Title IX?

Title IX of the Educational Amendments of 1972, 20 U.S.C. section 1681 is a federal civil rights law prohibiting discrimination on the basis of sex, including gender identity and gender expression, in education programs and activities. It provides that “[n]o 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.” In particular, Title IX prohibits forms of discrimination based on sex, including gender identity and gender expression, such as harassment, sexual assault, or sexual violence.

Because Empire State University receives federal financial assistance, all students and employees are covered by the protections of Title IX and are required to comply with its provisions.

University Policy

Consistent with federal and state guidelines, Empire State University does not discriminate on the basis of age, carrier status, color, disability, domestic violence victim, gender, gender identity, genetic predisposition, marital status, national origin, race, religion, sexual orientation or veteran status in its educational programs or employment.

Title IX also prohibits other forms of sex discrimination such as harassment or sexual violence.

For further resources please visit SUNY's Sexual Assault & Violence Response (SAVR) Resources.

Role of the Title IX Coordinator

The Title IX Coordinator is responsible for the oversight of:

Employee and student notification and education about their rights under Title IX
Grievance procedures of alleged discriminatory behaviors in violation of Title IX
Monitoring university compliance related to all aspects of Title IX.

Contact the Title IX Coordinator

Lindsay Holcomb, Director of Human Resources
Phone: 518-587-2100, ext. 2240
Email: TitleIX@sunyempire.edu

Bias Incident Reporting

Policies and procedures for reporting concerns and complaints:

Title IX training materials may be found by clicking the Student Conduct Institute button below.

New Mandatory Reporting Page

What does it mean to be a mandatory reporter?

All SUNY Empire employees—including student employees—who are not specifically designated as a confidential resource are mandatory reporters for allegations of sex-based harassment, sexual assault, sexual exploitation, dating violence, domestic violence and/or stalking.

All supervisors are designated mandatory reporters for allegations of workplace discrimination. A supervisor is defined as anyone who supervises one or more employees.

If you learn of potential violation of University policy, you are required to report the information you have learned to the Title IX Coordinator.

Reports can be made by phone (518-580-4999) or email (TitleIX@sunyempire.edu).

We are also available to answer any questions that you may have regarding your rights and responsibilities as a university employee.

Additional Guidance for Receiving Disclosures

Your response when you learn of allegations of sexual misconduct and/or workplace discrimination is very important and may determine whether the person making the disclosure chooses to tell anyone else or seek professional assistance.

Do not initiate your own investigation. Even with the best intentions, doing so may exacerbate a situation or compromise an investigation. You only need to report the information that is voluntarily conveyed to you and should not attempt to elicit a more complete set of information.

When approached by an individual choosing to make a disclosure, be sure to:

Be clear about your role, your responsibility to report the information shared and your ability to help.
Do not promise confidentiality. Rather, be prepared to offer information about where they can report confidentially, should they prefer to do that. Review confidential resources.
Notify the individual of the following using exactly these words to the extent possible.
- You have the right to make a report to the Office of Public Safety, local law enforcement, and/or state police or choose not to report, to report the incident directly to the institution by contacting the Title IX Coordinator, to be protected from retaliation for reporting an incident, and to receive assistance and resources from the University.
Advise them that advocacy services and other supportive resources are available.
- SUNY SAVR RESOURCES
- Employee Assistance Program (EAP)
- Student Health and Wellness
Listen, but do not ask questions, beyond inquiring about their safety. Examples of appropriate safety questions include:
- Do you feel safe?
- Do you want me to call an ambulance?
- Do you want me to call the police?

You are only required to report what you have learned. For example, if you are told about a sexual assault but you don’t know when or where it happened, or who was involved, do not ask. Report what you were told, when you were told, who told you and any additional relevant information you have.

Laws, Policies, & Procedures

SUNY Empire has adopted and implemented several policies and procedures to promote a respectful, safe, and non-threatening environment for its students, faculty, staff, and visitors.

Federal & State Laws

Federal Laws

The Equal Pay Act of 1963: This law makes it illegal to pay different wages to men and women if they perform substantially equal work in the same workplace. It also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Title VII of the Civil Rights Act of 1964: This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. This law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business.
The Pregnancy Discrimination Act: This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Pregnant Workers Fairness Act: This law requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth or related medical conditions, unless the accommodation will cause the employer an undue hardship.
Sections 102 and 103 of the Civil Rights Act of 1991: Among other things, this law amends Title VII and the Americans with Disabilities Act to permit jury trials and compensatory and punitive damage awards in international discrimination cases.
The Age Discrimination in Employment Act of 1967 (ADEA): This law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990: While the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted or funded by Federal agencies, and in Federal employment and employment practices of Federal contractors, the Americans with Disabilities Act extends these protections prohibiting discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in Title I of the Americans with Disability Act.
Sections 501 and 505 of the Rehabilitation Act of 1973: These sections make it illegal to discriminate against a qualified person with a disability in federal government. They also make it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Furthermore, the act also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.
Section 503 of the Rehabilitation Act of 1973: This section prohibits discrimination and requires employers with federal contracts or subcontracts that exceed $10,000 to take affirmative action to hire, retain and promote qualified individuals with disabilities. All covered contractors and subcontractors must also include a specific equal opportunity clause in each of their nonexempt contracts and subcontracts.
Section 504 of the Rehabilitation Act of 1973: This section prohibits discrimination on the basis of disability and applies to, among other entities, public elementary and secondary schools. Children with disabilities may be eligible for special education and related services. Section 504's definition of disability is broader than the Individuals with Disabilities Education Act (IDEA) definition.
Title I of the Americans with Disabilities Act of 1990 (ADA): Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Furthermore, the law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.
Americans with Disabilities Act Amendment Act of 2008 (ADAAA): This law emphasizes that the definition of disability should be construed in favor of a broad coverage of individuals to the maximum extent permitted by the terms of the ADA.
Title IX, Education Amendment of 1972: This law makes it illegal to discriminate against someone based on sex. Discrimination based on sex includes the exclusion of participation and access, denial of benefits, or subjection to discrimination under any education program or activity receiving federal financial assistance.
Title IX, Final Rule (2020): This final rule amends Title IX regulations regarding the investigation, review and adjudication of sexual harassment.
The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA): This law requires federal government contractors and subcontractors to take affirmative action to employ and advance in employment specified categories of veterans protected by the Act and prohibits discrimination against such veterans. In addition, the law requires that contractors and subcontractors to list their employment openings with the appropriate employment service delivery system and that covered veterans receive priority in referral to such openings.
Jobs for Veterans Act (JVA): The JVA was approved in 2002 to revise and improve employment, training, and placement services provided for veterans.
The Genetic Information Non-discrimination Act of 2008 (GINA): This law makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder or condition of an individual's family members (i.e., an individual's family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
The Lily Ledbetter Fair Pay Act of 2009: This act grants employees the right to file an employment discrimination claim regarding compensation within the 180 day statute of limitation period of the most recent paycheck that included the discriminatory compensation, rather than within 180 days of the initial pay disparity.

New York State Laws

New York State Education Law 129-B “Enough is Enough”: This law, signed in July 2015, requires all NYS colleges and universities to adopt comprehensive policies, procedures and guidelines to address the prevention of and response to campus sexual assault, domestic/dating violence, and stalking.
Executive Law, Article 15 of the Human Rights Law: This law requires employers to take responsibility to act to assure that every individual within is afforded an equal opportunity to enjoy a full and productive life and that the failure to provide such equal opportunity — whether because of discrimination, prejudice, intolerance or inadequate education, training, housing or health care — not only threatens the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state. This law, as amended, also requires all employers — public and private, regardless of number of employee — to establish a workplace policy defining and prohibiting sexual harassment in the workplace and to train employees annually on the rights and obligations under policy and law. Harassment, including retaliatory harassment, need no longer by "severe or pervasive" to alter conditions of employment, but rather an activity is unlawful discrimination when it subjects an individual to inferior terms, conditions or privileges of employment because of the individual's membership in one or more protected classes. The law grants employers an affirmative defense where the harassment "does not rise above the level of what a reasonable victim of discrimination with the same protected characteristic would consider petty slights or trivial inconveniences."
Sexual Orientation Non-discrimination Act of 2003 (SONDA): This act amends the Executive Law to include sexual orientation as a protected class in the areas of employment, housing, public accommodation, education and credit.
Gender Expression Non-discrimination Act of 2019 (GENDA): This law adds gender identity and gender expression to the state's human rights and state crimes laws as protected classes in the areas of employment, housing, and public accommodations.
Executive Order No. 19 (Governor Mario M. Cuomo): This order requires agencies to issue a strong management policy statement defining and prohibiting sexual harassment in the workplace. The policy statement should inform employees of their rights of redress, and the availability of complaint resolution channels and assistance with incidents or sexual harassment.
Executive Order No. 33 (Governor David A. Paterson): This order prohibits discrimination in state employment on the basis of gender identity.
Executive Order No. 8 (Governor Eliot Spitzer): This order removes barriers to minority and women business enterprises' participation in state contracting.
Executive Order No. 66 (Governor Mario M. Cuomo): This order established a Governor's Advisory Committee for Black Affairs.
Executive Order No. 77 (Governor Mario M. Cuomo): This order established membership of the Martin Luther King, Jr. Commission.
Executive Order No. 82 (Governor Mario M. Cuomo): This order established the Governor's Office for Hispanic Affairs.
Executive Order No. 96 (Governor Mario M. Cuomo): This order promotes a New York State policy against age discrimination in the workplace.
Executive Order No. 147 (Governor Mario M. Cuomo): This order established The Office of Indian Relations.

Summary of Campus Survey Results

Executive Summary

On March 20, 2023, Empire State University began an online administration of the Sexual Violence Prevalence (SVP) Campus Climate Survey. This survey was administered to students and employees and is required to address, at minimum, student and employee knowledge about:

The Title IX Coordinator’s role;
Campus policies and procedures addressing sexual assault;
How and where to report sexual violence as a victim/survivor or witness;
The availability of resources on and off campus, such as counseling, health, and academic assistance;
The prevalence of victimization and perpetration of sexual assault, domestic violence, dating violence, and stalking on and off campus during a set time period (for example, the last two years);
Bystander attitudes and behavior;
Whether victims/survivors reported to the College/University and/or police, and reasons why they did or did not report;
The general awareness of the difference, if any, between the institution’s policies and the penal law; and
The general awareness of the definition of affirmative consent.

Empire State University is a nonresidential institution with locations across New York State with students who study almost exclusively via distance education. The survey results show that employees are more likely than students to be aware of various campus resources (e.g., the office of student conduct, university police/public safety, human resources, local police/sheriff, local health services). Most employees (90%) are aware of Empire’s policies and procedures specifically addressing sexual assault, while 65% of students are aware and 35% are not sure. About two-thirds (67.1%) of employees know how to contact the Title IX Coordinator, while 22.4% are not sure; only about a quarter (27.8%) of students know how to contact the Title IX Coordinator, while 34.1% are not sure. About 40% of employees are aware of SUNY’s alcohol and/or drug use amnesty policy in reporting sexual violence, while 33% of students are aware of the policy.

About ten percent of student respondents and six percent of employee respondents indicated experiencing unwanted sexual comments, sexual slurs, or demeaning jokes during the last year. About seven percent of student respondents and four percent of employee respondents indicated experiencing unwanted sexually suggestive digital or written communications during the last year.

Of the 41 student respondents that indicated experiencing sexual harassment or sexual assault during the last year, approximately one in ten (n=5, 12.2%) reported that someone affiliated with the campus community was involved.

The majority of student respondents agreed that if they or a friend filed a formal complaint of sexual violence on campus, the university would take the report seriously, conduct a fair investigation, and provide the student with necessary support during the process. The majority of employee respondents agreed that if they reported a student complaint of sexual violence on campus, the university would take the report seriously, conduct a fair investigation, and provide the student with necessary support during the process.

The survey results were reviewed by the Title IX Coordinator and the Director of Human Resources and will be shared with Public Safety, members of the Cabinet and Student Success. In the past, results have been used to refine Title IX trainings, a practice that will continue. Specifically, in addition to delivering Title IX training to new students, the 2023 data has alerted the University to the importance of delivering refresher courses to continuing students and to consider administering pulse surveys throughout the academic year. Enhancing the Title IX education of all students and employees aligns with the University’s Strategic Priority of Student Success by fostering a climate and culture of safety, inclusion, civility, and support.

If you have any questions about the survey or the results included in this report, please contact the Title IX Coordinator, TitleIX@sunyempire.edu.

Background

The SVP survey is administered every other year by all SUNY campuses, who work closely with SUNY System Administration to coordinate the survey administration. An effort is made to keep the questions from one administration to the next as consistent as possible to allow for reliable and meaningful longitudinal comparisons. System-wide IRB review takes place for each survey administration.

Empire State University administered the student and employee surveys between March 20, 2023, and April 9, 2023. The survey was sent to all employees and all students. Excluded in survey populations were individuals under 18 years of age, all incarcerated individuals regardless of age, all students concurrently enrolled in high school regardless of age, and all students living abroad.

Results

There were 383 responses out of 8,874 invited students, yielding a response rate of 4.3% and a margin of error +/- 5%. There were 396 responses out of 1,213 invited employees, yielding a response rate of 32.6% and a margin of error of +/-4%. Employee respondents consisted of 44% faculty and about 55% staff/administrators.

Campus policies, procedures, and resources related to sexual assault

Most employees (90%) are aware of Empire’s policies and procedures specifically addressing sexual assault, while 65% of students are aware and 35% of students are not sure.
The majority of employees indicated that they have received written (e.g., brochures, emails) and/or verbal information (e.g., presentations, training) from the campus concerning the definition of sexual assault, how to report sexual assault, where to get help if someone is sexually assaulted, to whom you can speak confidentially about a sexual assault, and policies prohibiting sexual assault (16.1% indicated that, to their knowledge, they have not received any information regarding any of the above). Students showed an opposite trend, where 57.2% indicated that they have not received any of that information.
About two-thirds (67.1%) of employees know how to contact the Title IX Coordinator, while 22.4% are not sure. Only about a quarter (27.8%) of students know how to contact the Title IX Coordinator, while 34.1% are not sure.
Employees are more likely to be aware of various campus resources (e.g., the office of student conduct, university police/public safety, human resources, local police/sheriff, local health services) compared to students.
About 40% of employees are aware of SUNY’s alcohol and/or drug use amnesty policy in reporting sexual violence, while 33% of students are aware of the policy.

Reporting sexual violence

When asked how the university would respond if a student or their friend filed a formal complaint of sexual violence on campus, students indicated that the university would be supportive and take the report seriously. Less than 4% of the 383 student respondents thought that the university would not:
- take the report seriously (2.8%)
- conduct a fair investigation (2.8%)
- provide the student with necessary support during the process (3.5%)
When asked how the university would respond if an employee reported a student complaint of sexual violence on campus, employees indicated that the university would be supportive and take the report seriously. Less than 4% of the 396 employee respondents thought that the university would not:
- take the report seriously (2.4%)
- conduct a fair investigation (3.9%)
- provide the student with necessary support during the process (3.9%)
When asked whether they know how to report certain incidents to the university (sexual assault, sexual harassment, domestic violence/dating violence and stalking), the majority of employee respondents indicated that they do know how to report these types of incidents; 14.3% indicated that they do not know how to report any of these incidents.
Over half (53.1%) of the student respondents indicated that they do not know how to report any of these types of incidents.
One in ten employees (12% of respondents) indicated that they would not know how to advise a student to get help at the university if they experienced sexual assault.
About one in five employees (18.8% of respondents) indicated that they do not understand what happens when a student reports sexual assault to the university.
Fourteen employees (4.3% of respondents) reported that, during the last year, a student disclosed that they were a victim of an unwanted sexual experience, regardless of where such incident was reported to have occurred. Half of these incidents (n=7) were reported to the Title IX Coordinator, Students Affairs, and/or Human Resources at the university.

Prevalence of sexual assault, domestic violence, dating violence, and stalking on and off campus

About one in ten student respondents (11.1%) indicated experiencing unwanted sexual comments, sexual slurs, or demeaning jokes during the last year. Twenty-eight out of 33 affirmative respondents identified as women.
About six percent of employee respondents (5.5%) indicated experiencing unwanted sexual comments, sexual slurs, or demeaning jokes during the last year. Thirteen out of 18 affirmative respondents identified as women. Nine of these events were reported to have occurred on campus.
About seven percent (7.1%) of student respondents indicated experiencing unwanted sexually suggestive digital or written communications during the last year. Sixteen out of 21 affirmative respondents identified as women.
About four percent (4.4%) of employee respondents indicated experiencing unwanted sexually suggestive digital or written communications during the last year. Thirteen out of 14 affirmative respondents identified as women.
Of the 41 student respondents that indicated experiencing sexual harassment or sexual assault during the last year, approximately one in ten (n=5, 12.2%) reported that someone affiliated with the campus community was involved. Results indicated that three incidents were disclosed to the university, and one was filed with a formal complaint.
Of the 26 student respondents that indicated experiencing intimate partner violence during the last year, results indicated that four incidents were disclosed to the university, and one was filed with a formal complaint.
Of the 20 student respondents indicating that they experienced stalking during the past year, seven were reported as being disclosed to the university, and two were filed with a formal complaint.

Discussion and next steps

The Title IX Coordinator, in partnership with the Chief Diversity Officer, and Student Success will develop and administer a refresher course to all continuing students within an academic year.
Targeted Title IX training will be delivered to We will engage in targeted training for specific roles articulated in the Title IX process.
Bystander training will be mandated for all employees.