Equity Grievance Policy

Colgate University complies with all federal and state civil rights laws banning discrimination in private institutions of higher education. Colgate will not discriminate against any person because of race, color, sex, pregnancy, religion, creed, national origin (including ancestry), citizenship status, physical or mental disability, age, marital status, sexual orientation, gender identity and expression, veteran or military status (including special disabled veteran, Vietnam-era veteran, or recently separated veteran), predisposing genetic characteristics, domestic violence victim status, or any other protected category under applicable local, state, or federal law.

The term “discrimination” refers to an act that disadvantages a person and that occurs because of the affected individual’s race, color, sex, pregnancy, religion, creed, national origin (including ancestry), citizenship status, physical or mental disability, age, marital status, sexual orientation, gender identity and expression, veteran or military status (including special disabled veteran, Vietnam-era veteran, or recently separated veteran), predisposing genetic characteristics, domestic violence victim status, or any other characteristic protected by applicable law. This list is often referred to as “protected characteristics.” Examples of discrimination include, but are not limited to, denying a student a research opportunity because of the student’s race, disability, sexual orientation, or other protected characteristic; giving a student a lower grade than deserved because of the student’s gender, military service, religion, or other protected characteristic; or denying an employee a raise because of the employee’s age, marital status, or other protected characteristic.

Harassment is unwelcome, offensive conduct that occurs on the basis of race, color, sex, pregnancy, religion, creed, national origin (including ancestry), citizenship status, physical or mental disability, age, marital status, sexual orientation, gender identity and expression, veteran or military status (including special disabled veteran, Vietnam-era veteran, or recently separated veteran), predisposing genetic characteristics, domestic violence victim status, or any other protected category under applicable local, state, or federal law. Sexual harassment is one form of harassment that is characterized by unwelcome conduct that is sexual in nature.

Harassing conduct can occur in various forms, including:

• Verbal: such as unwelcome sexually suggestive, demeaning, or graphic comments; using ethnic, racial, religious, or other slurs to refer to a person; or jokes or comments that demean a person on the basis of gender, race, color, religion, ethnicity, national origin, sexual orientation, gender identity or expression, age, or disability.
• Physical: such as unwanted sexual contact; sexual intimidation through physical threats; physical threats toward or intimidation of another on the basis of gender, race, color, religion, ethnicity, national origin, sexual orientation, gender identity or expression, age, or disability.
• Visual: such as exposing another person to unwanted pornographic images; creating or displaying racially, ethnically, religiously offensive pictures, symbols, cartoons, or graffiti.
• Communication-based: such as phone calls, e-mails, text messages, chats, or blogs that offend, demean, or intimidate another on the basis of gender, race, color, religion, ethnicity, national origin, sexual orientation, gender identity or expression, age, or disability.

A determination as to whether harassment occurred depends on the totality of the circumstances, including the context of a communication or incident, the relationship of the individuals involved in the communication or incident, whether an incident was an isolated incident or part of a broader pattern or course of offensive conduct, the seriousness or severity of the incident, the intent of the individual who engaged in the allegedly offensive conduct, and its effect or impact on the individual and the learning community. A “hostile environment” is created when the offensive behavior interferes with an individual’s ability to participate in the University’s programs (i.e., to work and to learn) when judged against a reasonable person standard. However, Colgate encourages individuals experiencing or witnessing offensive behavior to make a report as early as possible so as to have the situation corrected before it reaches the level of a hostile environment. Individuals with a concern need not worry about whether the behavior is sufficiently serious to constitute a hostile environment. The University reserves the right to remedy harassment pursuant to this policy even if the behavior in question does not rise to the level of legally recognized or actionable discrimination or harassment. 

The fact that a person was personally offended by a statement or incident does not alone constitute a violation of this policy. The determination as to whether this policy has been violated takes into account the totality of the circumstances. Colgate considers the context of a communication or incident, the relationship of the individuals involved in the communication or incident, whether an incident was an isolated incident or part of a broader pattern or course of offensive conduct, the seriousness of the incident, the intent of the individual who engaged in the allegedly offensive conduct, and its effect or impact on the individual and the community. 

In all instances, a key factor is whether the complained-of behavior occurred because of one of the protected characteristics listed here. If it did not, the behavior is not regulated by this policy. 

Colgate also prohibits “quid pro quo” sexual harassment, which means “this for that” harassment. It is a violation of this policy for any person to condition any benefit (such as a grade in a class, a research opportunity, a promotion, etc.) on submission to sexual activity. No person should believe that any other person — no matter their position of authority — has a right to require sexual activity in exchange for any benefit or advantage; they do not. 

Faculty and administrators need to be especially sensitive to the power/authority relation in their interactions with students. Amorous relations between faculty and students, between administrators and students, or between coaches and students, contradict both professional ethics and this policy and are prohibited by Colgate.

Sexual activity or contact must be based on mutual and affirmative consent to the specific activity or contact.

Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. 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 consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression. Whenever the word “consent” is used in this policy, it should be understood to mean affirmative consent as defined here.

Since individuals may experience the same interaction in different ways, it is the responsibility of each party to take reasonable steps to ensure that the other has consented before engaging in the activity. 

A person cannot consent if that individual is incapacitated. Incapacitation is defined as a state where someone lacks the ability to knowingly choose to participate in a specific activity. Incapacity may be caused by the lack of consciousness, sleep, involuntary restraint, or other factors that prevent voluntary choice. 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. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy. Consent is required regardless of whether the initiator is under the influence of alcohol or other drugs. It is not an excuse that the person initiating the sexual activity was intoxicated or incapacitated due to alcohol or other drugs and, therefore, did not realize the incapacity of the other.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. Further, past consent to engage in sexual activity with any person cannot be presumed to be consent to sexual activity in the future with the same or a different person.

The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. A person can withdraw consent at any time during sexual activity by expressing in words or actions that they no longer want the act to continue. When consent is withdrawn or can no longer be given, the other person must stop immediately.

Consent cannot be given as result of coercion, intimidation, force, or threat of harm. In New York State, a minor (meaning a person under the age of 17 years) cannot consent to sexual activity. This means that sexual contact by an adult with a person younger than 17 years old is a crime as well as a violation of this policy, even if the minor wanted to engage in the act.

Sex offenses occur between members of the same sex and the opposite sex. In all cases, the issue is not the gender or sexual preference of the individuals involved but rather the activity and whether the parties to the activity affirmatively consented to engage in it.

1. Sexual Assault. Consistent with federal law, Colgate defines sexual assault as including:
   1. Non-Consensual Sexual Intercourse. Sexual assault of this type includes the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, forcibly or without affirmative consent or where the victim is incapable of affirmative consent due to mental or physical incapacity. This type of sexual assault also includes non-forcible sexual intercourse with a person who is under the statutory age of consent. In New York, the statutory age of consent is 17 years old.
   2. Non-Consensual Sexual Contact. This form of sexual assault includes any intentional touching, however slight, for purposes of sexual gratification or with sexual intent, of the private body parts (including genitalia, anus, groin, breast, inner thigh, or buttocks) of another person without affirmative consent. This may include non-penetrative acts, touching directly or with an object, and/or touching the private body parts of another over clothing. This may also include forcing or causing another without affirmative consent to touch one's own private body parts.
2. Sexual Exploitation: When one takes non-consensual sexual advantage of another. Examples of sexual exploitation include but are not limited to observing or recording others engaged in sexual or private activity (such as undressing or showering) without the consent of all involved; or taking intimate pictures of another but then distributing the pictures to others without the photographed person’s consent or in a way that exceeds the bounds of consent; or exposing one’s genitals in non-consensual circumstances; or engaging in sexual activity with another while knowingly infected with a sexually transmitted disease (STD) without informing the other person of such infection.
3. Dating Violence: Dating violence refers to violent behavior (including, but not limited to, sexual or physical abuse or the threat of such abuse) that is committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. This can include behavior such as coercion, isolation or other forms of emotional, verbal or economic abuse if it reflects a threat of sexual or physical abuse as described above.
4. Domestic Violence: Domestic violence refers to violent behavior (including, but not limited to, sexual or physical abuse or the threat of such abuse) between spouses, former spouses or intimate partners, cohabitating romantic partners or individuals who were formerly cohabitating romantic partners, individuals who share a child in common, individuals who are similarly situated to spouses and/or individuals who are protected from the other person’s acts under the domestic or family violence laws of the jurisdiction in which the act of violence occurs.
5. Stalking: Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress. Stalking behavior may include but is not limited to repeated, intentional following, observing or lying in wait for another; or using “spyware” or other electronic means to gain impermissible access to a person’s private information; repeated, unwanted, intrusive, and frightening communications from the perpetrator by phone, mail, email, text, etc.; making direct or indirect threats to harm an individual or the individual’s relatives, friends, or pets; damaging or threatening to damage the property of the targeted individual. Acts of sexual harassment, sex offenses, dating violence, domestic violence and stalking may be committed by any person upon any other person, regardless of the sex, gender, sexual orientation and/or gender identity of those involved. The issue in any case is not the gender or gender identity of the persons involved but the acts.

For the purpose of this policy, a “hate crime” is defined as violence to a person or damage to property (or a threat to do so) or any other criminal act that is motivated entirely or partly by hostility toward or intolerance of another’s race, color, religion, creed, ethnicity, ancestry, national origin, sexual orientation, gender identity or expression, marital status, military or veteran status, age, disability, or any other personal characteristic protected by law.

The following example demonstrates the difference between a crime and a hate crime. A student who selects a car at random in a campus parking lot and smashes the windshield has committed criminal mischief. A student who is biased against Muslims and smashes a windshield because they know that the car belongs to a Muslim student has likewise committed criminal mischief. However, this second incident is also a hate crime because the student was motivated by anti-Muslim bias. 

Federal and state laws prohibit hate crimes, and hate crimes often result in enhanced criminal penalties. Students who commit hate crimes are subject to criminal prosecution in addition to discipline pursuant to this policy. The criminal process is separate and distinct from this policy. The fact that a criminal complaint has been filed, prosecuted, or dismissed will not prevent Colgate from pursuing disciplinary action.

Victims are encouraged to seek support for their emotional and physical needs. A person seeking confidential emotional or healthcare may contact the following resources.

Students may contact:

• The Counseling Center, Conant House, 315-228-7385; or, for an after-hours emergency, call Campus Safety at 315-228-7333 and ask to speak with the counselor on call.
• Office of the Chaplains, garden level of the Memorial Chapel, 315-228-7682.
• Student Health Services, 150 Broad Street, 315-228-7750.
• Help Restore Hope Center, 24-hour hotline, 855-966-9723.

Employees may contact:

• Employee Assistance Program, 315-451-2161.
• Help Restore Hope Center, 24-hour hotline 855-966-9723.

A report to a Confidential Resource listed above is not a report to the University and will not result in remedial action or an investigation or disciplinary action. Information shared with the University’s Counseling Center, Student Health Center, and the University’s chaplains will not be shared with the Title IX Coordinator or the EGP Panel, unless the reporting individual requests this. Confidential Resources are there to support emotional, physical, and spiritual needs only; any person who desires the University to take investigatory/disciplinary action must make a report to one of the Responsible Administrators, listed below.

The following offices and individuals have been trained to receive and respond to allegations of violations of this policy:

• Marilyn “Lyn” Rugg, Associate Provost for Equity & Diversity and Title IX Coordinator
  102 Lathrop Hall
  315-228-7288
  mrugg@colgate.edu
• Tamala Flack, Executive Director for Equity and Inclusion, Equal Opportunity and Affirmative Action
  102 Lathrop Hall
  315-228-7014
  tflack@colgate.edu
• Any Equity Grievance Panel member

If a report is made to anyone other than the Responsible Administrators listed above, the complainant risks the possibility that the information will not come to the attention of the proper University officials and may, therefore, not be acted upon.

1. What happens after contacting a Responsible Administrator.
   A Responsible Administrator will discuss with the reporting individual available avenues and options. A reporting individual may be able to take advantage of multiple options simultaneously. Options include contacting local law enforcement (if the incident involves a crime) and/or a disciplinary proceeding against the accused and/or mediation, in appropriate circumstances. (See Equity Grievance Process). In situations where the reporting individual’s well-being requires it, other options may include interim changes in class assignments, residence hall assignments, transportation arrangements, or work assignments to assist the reporting individual in not having to interact with the accused, or other measures to enhance the reporting individual’s safety, such as escorts or increased monitoring of an area. (See Section iv. for a fuller explanation of possible interim actions.) The University will review the facts and circumstances of each case, as well as the reporting individual’s wishes, in deciding whether and what steps are reasonable and appropriate.
2. How information is shared within the University.
   A Responsible Administrator is not a confidential resource; however, even Colgate offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX coordinator to investigate and/or seek a resolution and subject to other legal requirements. This is described further below.
3. How decisions about taking action are handled.
   A report to a Responsible Administrator often does, but need not necessarily, lead to an investigation or disciplinary action. The decision about what action(s) to take depends on many factors, including the reporting individual’s wishes, particularly in cases of sexual misconduct. A reporting individual may make a report to a Responsible Administrator and request that the University take no investigatory or disciplinary action. The University endeavors to comply with reporting individuals’ wishes with respect to whether responsive action is taken. However, that is not always possible, because the University must weigh the reporting individual’s wishes against its obligation to provide a safe, non-discriminatory environment for all members of its community and meet other legal obligations.
   
   If a reporting individual requests that no action be taken against the accused (i.e., no investigation or disciplinary action), the Responsible Administrator will consult with the Title IX Coordinator and/or the Director for EE/AA (for cases involving staff), and the appropriate EGP co-chair(s). The University’s decision as to responsive action will depend on the seriousness of the offense, whether the accused has a history of violent behavior or is a repeat offender, whether the incident represents escalation in unlawful conduct from previously noted behavior, the risk that the accused will commit additional acts of violence, whether there was a single perpetrator or multiple, whether the accused used a weapon or force, whether the reporting individual is a minor, whether available information reveals a pattern of perpetration at a given location or by a particular group or organization, whether the circumstances otherwise suggest an ongoing or future risk to the campus community or the reporting individual, and similar considerations. A decision will be made and shared with the reporting individual. Ultimately, the University retains the right to act upon any information that comes to its attention.
   
   Similarly, a reporting individual may desire that the University take other investigatory or disciplinary action, or both, but may wish to have their identity as the reporting individual kept confidential. Depending on the circumstances, this may or may not be possible. If any number of people could have reported the incident or if there are other means to obtain evidence (such as security footage), it may be possible for the reporting individual’s identity to remain confidential and not shared with the responding individual^1; however, in other cases, it may not be possible to proceed with investigatory or disciplinary action without revealing the identity of the reporting individual. If a reporting individual requests that their name be kept confidential (or if the reporting individual makes an anonymous complaint), the University’s ability to respond to, and ultimately resolve, the complaint may be limited. The appropriate administrators will discuss the situation and the reporting individual’s request for confidentiality, and a decision will be made and shared with the reporting individual. Ultimately, the University retains the right to act upon any information that comes to its attention in what it believes is the institution’s best interests.
   
   In its annual report of campus crime statistics, the University must also report statistics concerning the occurrence on campus of certain crimes, including certain sex offenses. This statistical report does not include any personally identifiable information concerning the victim or the accused. Similarly, if Colgate issues a timely warning pursuant to the Clery Act to warn the campus community about a perceived immediate threat, the warning issued will not include any personally identifying information concerning a victim.
   
   Records concerning reports, investigations, and disciplinary proceedings pursuant to this policy will be kept in private, secure files and only individuals with a legitimate right to know will be permitted access.
4. Interim actions may be available.
   Interim actions may be taken by the University to immediately respond to a situation while an investigation or disciplinary action is pending or ongoing. Interim actions may include but are not limited to: 
   1. Offering adjustments to academic deadlines and course schedules for students; 
   2. Altering work arrangements for employees; 
   3. Referral to counseling and health services or to the Employee Assistance Program; 
   4. Providing campus escorts; 
   5. Altering the housing situation of one or more of the involved students; 
   6. Implementing no-contact orders directing the accused or responding individual to have no contact with the reporting individual; 
   7. Imposing temporary suspensions from housing or the entire campus, pending the outcome of a disciplinary proceeding.

There is no time limit for making a report; however, the passage of time may make effective responsive action difficult. Further, if the responding individual is no longer a member of the University community, the University’s ability to respond may be limited. Individuals with a concern are encouraged to make a report promptly.

Please refer to the Equity Grievance Process for detailed information about Colgate’s investigatory and disciplinary action. You may also contact the Title IX Coordinator, the Director for EEO/AA, or an EGP Panel member to discuss how the EGP Policy and Equity Grievance Process work. You need not disclose information about a specific incident in order to obtain general information about Colgate’s policies and procedures.

¹When used in this process, the term “responding individual” includes an organization alleged to have committed violations that are subject to this process.

Any person may call 911 or Campus Safety (315-228-7911) for immediate safety assistance. If you or someone else needs help, call for immediate assistance. Campus Safety can also assist the individual in making a report of a crime to local law enforcement and/or contacting a Responsible Administrator to initiate the University’s internal response mechanisms.

A victim of a crime is encouraged to, but is not required to, report the incident to local law enforcement and pursue criminal charges. The criminal process and the University’s disciplinary processes are not mutually exclusive or dependent on each other, meaning that a person may pursue either a criminal complaint or university complaint or both. The fact that there is a criminal complaint filed will not prevent the University from taking its own internal investigatory and disciplinary action; however, in some cases, the University may delay temporarily the initiation of its internal processes while a law enforcement investigation is ongoing. Such delays will not last more than 10 calendar days except when law enforcement authorities specifically request and justify a longer delay.

In criminal cases, the preservation of evidence is critical and must be done properly and promptly. For example, in cases of rape or other forms of sexual assault, it is important not to shower, change clothes, or even brush your hair, as physical evidence may be lost. In cases of violence or physical abuse, it is important to document injuries, including by taking photographs. Campus Safety or the Hamilton Police Department (315-824-3311, or 911 in an emergency) can assist in filing a criminal complaint and in securing appropriate physical examination, including by a Sexual Assault Nurse Examiner. 

Additionally, orders of protection and other forms of legal protection may be available to individuals who have experienced or are threatened with violence by another person. Colgate will reasonably assist such individuals in obtaining available legal protections, provide a copy of any order of protection or similar document it receives to the parties affected by it, explain the order of protection or similar document and the consequences for violating it, call upon and assist local law enforcement in effecting an arrest for violation of the order of protection or similar document, and abide by all legally issued orders of protection or similar documents, including denying the restricted person access to Colgate’s property, if necessary.

If a member of the Colgate community discloses actions believed to constitute a violation of this policy through a public awareness event such as a candlelight vigil, a protest, a student organization or other event or forum, or other public event, Colgate is not obligated to begin an investigation. Colgate may, however, use the information to inform the need for additional education and prevention efforts.