Sex-Based Harassment (Title IX) Reporting & Grievance Procedures

Sex-Based Harassment is considered discrimination on the basis of sex if it includes harassment due to actual or perceived sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity.

The University’s Title IX Coordinator will determine if this Grievance Procedure applies to a Complaint. This Grievance Procedure will apply when the following elements are met, in the reasonable determination of the Title IX Coordinator:

• The conduct alleged occurred on or after August 1, 2024;
• The conduct alleged occurred in the United States;
• The conduct alleged occurred in D’Youville University’s Education Program or Activity; and
• The conduct alleged, if true, would constitute Sex-Based Harassment as defined in this Grievance Policy;
• One of the parties was an enrolled student at D’Youville at the time of the alleged conduct.

For disciplinary action to be issued under this Policy, the Respondent must be a D’Youville University student or employee at the time of the alleged incident. If the Respondent is unknown or is not a member of the University community, the Title IX Coordinator or designee will offer to assist the Complainant in identifying appropriate institutional and local resources and support options and will implement appropriate supportive measures and/or remedial actions. The University can also assist in contacting local or institutional law enforcement if the individual would like to file a police report about criminal conduct.

All vendors serving D’Youville University through third-party contracts are subject to the policies and procedures of their employers, but may be subject to removal at D’Youville’s discretion in good cause exists to believe they have violated University policy.

When a party is participating in a dual enrollment and/or early college program, the University will coordinate with the party’s home institution to determine jurisdiction and coordinate providing supportive measures and responding to the complaint under the appropriate policy and procedures based on the allegations and identities of the Parties.

When the Respondent is enrolled in or employed by another institution, D’Youville University can assist the Complainant in contacting the appropriate individual at that institution, as it may be possible to pursue action under that institution’s policies.

If all elements of jurisdiction are met, the University will investigate the allegations according to this Grievance Procedure as appropriate, unless informal resolution is pursued or unless there are grounds for dismissal of the Complaint.

Online Harassment and Misconduct

D’Youville’s policies are written and interpreted broadly to include online manifestations of any of the behaviors prohibited below, when those behaviors occur in or have an effect on the University’s education program and activities, or when they involve the use of the University’s networks, technology or equipment.

Although D’Youville University may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported to the University, it will engage in a variety of means to address and mitigate the effects.

Nothing in the Policy is intended to infringe up or limit a person’s rights to free speech. Any online posting or other electronic communication by students, including technology-facilitated stalking, harassment, occurring completely outside of the University’s control (e.g. not on University’s networks, websites, or D’Youville University email accounts) will only be subject to this Policy when such online conduct can be shown to cause (or will likely cause) a substantial in-program disruption or infringement on/harm to the rights of others.

Off-campus harassing speech by employees, whether online or in person, may be regulated by the University when such speech is made in an employee’s official or work-related capacity or infringes upon or harms the rights of others to participate in D’Youville University educational programs or services. 

Administration, Faculty, Staff, and Students.

Sex-Based Harassment means sexual harassment and other harassment on the basis of sex, including harassment because of gender identity, sexual orientation, sex characteristics, sex stereotypes, and/or pregnancy and other conditions, that is:

Quid pro quo harassment. An employee, agent or other person authorized by the University’s Education Program or Activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct; 

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 University’s Education Program or Activity (i.e., creates a Hostile Environment). Whether a Hostile Environment has been created is a fact-specific inquiry that includes consideration of the following: (i) the degree to which the conduct affected the Complainant’s ability to access the University’s Education Program or Activity; (ii) the type, frequency, and duration of the conduct; (iii) the Parties’ ages, roles within the University’s Education Program or Activity, previous interactions and other factors about each Party that may be Relevant to evaluating the effects of the conduct; (iv) the location of the conduct and the context in which the conduct occurred; and (v) other Sex-Based Harassment in the University’s Education Program or Activity;

Sexual Assault (as defined in the Clery Act, 20 U.S.C. 1092(f)) means any sexual act directed against another person, without the Consent of the victim, including instances where the victim is incapable of giving Consent;

Dating Violence (as defined in the Violence Against Women Act (VAWA) Reauthorization of 2022 and the VAWA Amendments to the Clery Act) means any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) Where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii)the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.

Domestic Violence means any felony or misdemeanor crimes committed by a person who: (A) is a current or former partner of the victim under the family or Domestic Violence laws of New York State, or a person similarly situated to a spouse of the victim; (B) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (C) shared a child in common with the victim; or (D) commits acts against a youth or adult victim who is protected from those acts under the family or Domestic Violence laws of New York State; or

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for the person’s safety or the safety of others; or (B) suffer substantial emotional distress.

Consent means 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. Consent to any sexual act or prior consensual sexual activity between or with any Party does not necessarily constitute Consent to any other sexual act. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent may be initially given but withdrawn at any time. Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot Consent. 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. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. When Consent is withdrawn or can no longer be given, sexual activity must stop. “Consent” and “affirmative consent” may be used interchangeably under this Grievance Policy.

Complainant means:

(i) a Student or employee who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment as defined in this Grievance Procedure and who was participating or attempting to participate in the University’s Education Program or Activity; or

(ii) a person other than a Student or employee who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment under this Grievance Policy and who was participating or attempting to participate in the University’s Education Program or Activity at the time of the alleged Sex-Based Harassment.

Complaint means an oral or written request to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged Sex-Based Harassment at the institution.

Confidential Employee means:

(i) an employee of the University whose communications are privileged under Federal or State law. The employee’s confidential status is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies;

(ii) an employee of the University whom the institution has designated as confidential for the purpose of providing services to persons related to Sex-Based Harassment. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about Sex-Based Harassment in connection with providing those services; or

Disciplinary Sanctions means consequences imposed on a Respondent following a determination under this Grievance Procedure that the Respondent violated the University’s prohibition of Sex-Based Harassment.

Education Program or Activity means any academic, extracurricular, research, occupational training or other Education Program or Activity operated by the University that receives Federal financial assistance.

Party means Complainant or Respondent.

Peer Retaliation means Retaliation by a Student against another Student.

Relevant means related to the allegations of Sex-Based Harassment under investigation as part of this Grievance Policy. Questions are Relevant when they seek evidence that may aid in showing whether the alleged Sex-Based Harassment occurred, and evidence is Relevant when it may aid a decisionmaker in determining whether the alleged Sex-Based Harassment occurred.

Remedies means measures provided, as appropriate, to a Complainant or any other person the University identifies as having had their equal access to the University’s Education Program or Activity limited or denied by Sex-Based Harassment. These measures are provided to restore or preserve that person’s access to the University’s Education Program or Activity after the University determines that Sex-Based Harassment occurred.

Respondent means a person who is alleged to have violated the University’s prohibition on Sex-Based Harassment.

Retaliation means intimidation, threats, coercion, or discrimination by any person, by the University, a Student, or an employee or other person authorized by the University to provide aid, benefit, or service under the University’s Education Program or Activity, for the purpose of interfering with any right or privileged secured by Title IX, or because the person has reported information, made a Complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Grievance Policy, including an informal resolution process.

Student means a person who has enrolled in classes.

Supportive Measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to: (1) restore or preserve that Party’s access to the University’s Education Program or Activity, including measures that are designed to protect the safety of the Parties or the University’s educational environment; or (2) provide support during the University’s Grievance Procedure for Sex-Based Harassment or during the informal resolution process

The Institution strongly encourages the prompt reporting of sexual misconduct. The report may be made by:   

1. A person covered by this policy who believes they experienced sexual misconduct; or  
2. A person who has information that sexual misconduct may have been committed by a person covered by this policy.  

Reports should be made to the Title IX Coordinator in writing via their Institution email or by mail, verbally in person or over the phone, or digitally through the official Institution reporting system, Maxient, located on the main Institution website and within SharePoint under HELP!

FILE A REPORT

Any member of the D’Youville community who believes that they have been subjected to sexual misconduct is encouraged to report it and may request that an investigation be conducted. Unless an office has been designated as a confidential resource, as described below, students should assume that any other Institution office, official or employee (including Resident Advisors) to which a report is made will share that report with the Title IX Coordinator for review and handling in accordance with this policy. In fact, certain Institution employees are required by law to do so.  

The following Institution employees with knowledge of unreported sexual misconduct (or what could potentially be deemed sexual misconduct) are considered “responsible employees” who are required to report such alleged sexual misconduct to the Title IX Coordinator: (i) faculty advisors which includes academic advisors and those that advise clubs and organizations, (ii) deans of the Institution and department chairs, (iii) athletic department staff and team coaches, (iv) all Institution housing staff, (v) the president and their council, (vi) all administrators and support staff.  

If an Impacted Party discloses an incident to a Institution employee who is responsible for responding to or reporting sexual misconduct but wishes to maintain confidentiality or does not consent to the Institution’s request to initiate an investigation, the Title IX Coordinator must weigh the request against the Institution obligation to provide a safe, non-discriminatory environment for all members of our community.

In general, the Institution will seek consent from the Impacted Party prior to investigating, and the Impacted Party may decline to consent to an investigation. That decision will be honored unless failure to act does not adequately mitigate the risk of harm to the impacted party or other members of the Institution community. Honoring the request may limit the Institution’s ability to meaningfully investigate and pursue conduct action against a Respondent. If the Institution determines that an investigation is required, the impacted party will be notified and receive immediate action as necessary for protection and assistance.

The Institution will determine whether to proceed with an investigation based on a review of the following factors: 

1. The seriousness of the alleged sexual misconduct; 
2. Whether the alleged sexual misconduct represents escalation in unlawful conduct on behalf of the Respondent from previously noted behavior; 
3. The increased risk that the Respondent will commit additional acts of violence; Whether the Respondent is alleged to have used a weapon or force; 
4. The Impacted Party’s age (and whether the Impacted Party is a minor); 
5. Whether the Respondent has a history of violent behavior or is a repeat offender;
6. Whether there have been other sexual misconduct complaints about the same individual; 
7. Whether the Institution possesses other means to obtain evidence such as security footage, and whether available information reveals a pattern of perpetration at a given location or by a particular group; and
8. The Respondent’s rights to receive information about the allegations if the information is maintained by the school as an “education record” under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99.  

Upon receiving a report of alleged sexual misconduct, the Title IX Coordinator will provide the Impacted Party with information regarding the importance of preserving evidence and, where applicable, the importance of obtaining a sexual assault forensic examination as soon as possible. 

The Institution will assist an Impacted Party with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of reporting choices. The Institution also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify the Impacted Party or the disclosed situation.

Reports to Police/Criminal Investigation

In addition to seeking remedy through the Institution, the Impacted Party is also encouraged to report criminal concerns to the local law enforcement for the jurisdiction where the incident took place. Local law enforcement agencies do not necessarily notify the Institution when a crime has occurred in their jurisdiction, so the Institution will not have notice of an incident unless a report is also made. A criminal investigation is separate from a Institution process and will not be coordinated through the Institution.  

Retaliation Prohibited

Retaliation in connection with any reports of possible sexual misconduct, whether against those who submit a report or otherwise participate in the investigative or disciplinary process (e.g. as a witness) is prohibited. Any retaliatory conduct should be immediately reported to the Title IX Coordinator or designee. Should the Institution become aware of retaliation of any sort, immediate responsive action will be taken up to and including suspension, expulsion, or termination from Institution employment.  

Obligation to Report Crime and Disciplinary Statistics

A federal law called the Clery Act requires the Institution to record and report certain information about campus safety, including the number of incidents of certain crimes on or near campus, some of which constitute sexual misconduct under this Policy.

As described above, many Institution employees who receive reports of sexual misconduct are required to make a report to the Title IX Coordinator. In many cases, a notification must then be made about such incidents for statistical reporting purposes. These notifications may include the classification and location of the reported crime but do not identify the students involved. The Clery Act also requires the Institution to issue a “timely warning” when it receives a report of certain crimes that pose a serious or continuing threat to the D’Youville community.

Additionally, as a matter of policy, the Institution will annually release aggregate information concerning reported incidents of sexual misconduct and any resulting sanctions. Such reports do not contain information identifying individual students. 

Further, the Family Educational Rights and Privacy Act (FERPA) allows Institution’s and universities to share information with a student’s parents under certain circumstances, including when (a) there is a health or safety emergency, or (b) when the student is a dependent on either parent’s prior year federal income tax return. However, in general, the Institution will not share information about a report of domestic violence, dating violence, stalking, or sexual assault with parents without the permission of the Impacted Party. 

Amnesty for Alcohol and/or Drug Use Violations

The health and safety of every student at the Institution is of utmost importance. The Institution recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence (including but not limited to domestic violence, dating violence, stalking, or sexual assault) occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The Institution strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to Institution officials. A student who is a bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to the Institution’s officials or law enforcement will not be subject to disciplinary action by the Institution for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

D'Youville University will make reasonable and appropriate efforts to preserve the Complainant and Respondent’s privacy in order to protect the confidentiality of information. Should an Impacted Party request confidentiality, the Title IX Coordinator will inform the Impacted Party that the ability to respond to the alleged sexual misconduct may be limited but that, where feasible, the Institution will take reasonable steps to prevent sexual misconduct and limit its effects.   

Privacy vs. Confidentiality

References made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or university officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean D’Youville University offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. The University will limit the disclosure as much as practicable, even if the Title IX Coordinator or designee determines that the request for confidentiality cannot be honored.

At the First Instance of Disclosure of a Report

D’Youville University shall ensure that, at a minimum, at the first instance of disclosure by a Complainant to a University representative, the following information shall be presented to the Complainant: “You have the right to make a report to university police or campus security, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from Retaliation for reporting an incident; and to receive assistance and resources from your institution.”

Non-Confidential Reports

Any person may report sex discrimination, including Sex-Based Harassment (whether or not the person reporting is the person alleged to be the victim of the conduct that may constitute sex discrimination or Sex-Based Harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

Contact Information for the Title IX Coordinator at D’Youville University

Danielle Nesselbush
Title IX Coordinator
Koessler Administration Building Rm. 302
nesselbd@dyu.edu
716.829.8337

Confidential Reports

The following officials at the University will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited by Title IX:

• Title IX Coordinator or designee(s):
• Officials with Authority to institute corrective measures under Title IX;
• All other employees at D’Youville University that are not designated as confidential resources.

The following officials at D’Youville University may provide confidentiality:

• Counseling Services / The Wellness Lodge
• Crisis Services

There are other confidential options available for crisis intervention, resources and referrals, but these are not reporting mechanisms to the institution, meaning that disclosure on a call to one of these hotlines does not provide any information to the University.

Complainants are encouraged to contact a campus confidential or private resource so that the University can take appropriate action in these cases. Some resources for confidential disclosure NOT to the institution are:

• The New York State Office for the Prevention of Domestic Violence hotlines: http://www.opdv.ny.gov/help/dvhotlines.html. Additional disclosure and assistance options that can be found and are presented in several languages can also be found here: http://www.opdv.ny.gov/help/index.html (or by calling 1-800-942-6906).
• SurvJustice: http://survjustice.org/our-services/civil-rights-complaints/;
• Legal Momentum: https://www.legalmomentum.org/;
• NYSCASA: https://nyscasa.org/responding;
• NYSCADV: http://www.nyscadv.org/;
• Pandora’s Project: http://www.pandys.org/lgbtsurvivors.html;
• GLBTQ Domestic Violence Project: http://glbtqdvp.org/;
• RAINN: https://www.rainn.org/get-help;
• Safe Horizons: http://www.safehorizon.org/

PUBLIC AWARENESS EVENTS 

When the University’s Title IX Coordinator is notified of information regarding conduct that reasonably may constitute sex-based harassment under Title IX or this policy, and such information was provided by a person during a public event to raise awareness about sex-based harassment that was held on D'Youville University’s campus or through an online platform sponsored by it (for example, a sexual assault survivor sharing their story during a Take Back the Night event), D'Youville University is not obligated to act in response to the information and/or initiate an investigation, unless the information shared indicates an imminent and serious threat to the health or safety of a Complainant, any students, employees, or other persons.  

However, in all cases D'Youville University must use this information to inform its efforts to prevent sex-based harassment, including by providing tailored training to address alleged sex-based harassment when information shared at such events indicates there may be multiple incidents of sex-based harassment in a particular part of its Education Program or Activity or at a specific campus location. 

Nothing in Title IX or this policy obligates D'Youville University to require its Title IX Coordinator or any other employee to attend such public awareness events. 

When the Institution has notice of an allegation of sexual misconduct, a qualified Institution staff member (such as the Vice Presidents of the Institution or Title IX Coordinator) may impose interim accommodations or safety measures, which will generally remain in effect throughout the duration of the investigation, any appeal process, and beyond should it be deemed necessary.  

When a qualified Institution staff member imposes interim measures, a report of the actions taken should be made to the Title IX Coordinator as soon as possible. Any accommodations or safety measures provided to the Impacted Party will be kept confidential to the extent possible. Interim measures may include: 

1. Housing reassignments; 
2. Course reassignments; 
3. Alterations to Institution employment arrangements and/or changing work schedules; 
4. Alterations of course schedules, assignments or tests; 
5. No contact directives (such a directive serves as a notice to both parties that they must not have verbal, electronic, written, or third-party communication with one another); 
6. Providing an escort for a party to ensure he/she can move safely on campus and/or between Institution programs and activities; 
7. Limitation on extracurricular or athletic activities; 
8. Emergency removal or administrative leave from Institution community;
9. Temporary suspension or revision of Institution policies or practices; 
10. Training; and/or 
11. Other appropriate actions as necessary to stop the sexual misconduct, prevent its recurrence, remedy its impact or improve Institution policies or practices.  

Any time that the Institution has notice of an allegation of sexual misconduct and the Impacted Party or Respondent is a student, a no contact directive will be issued. As part of the no contact directive, the Institution may establish an appropriate schedule for each party to access Institution buildings and property at times when such buildings and property are not being accessed by the other party.

Emergency Removal

In some cases, the Institution may undertake an emergency removal of a student Respondent in order to protect the safety of Institution community, which may include contacting local law enforcement to address imminent safety concerns. 

Emergency removal is not a substitute for reaching a determination as to a Respondent’s responsibility for the sexual misconduct allegations; rather, emergency removal is for the purpose of addressing imminent threats posed to any person’s physical health or safety, which may arise out of the sexual misconduct allegations. 

Prior to removing a student Respondent through the emergency removal process, the Institution will undertake an individualized safety and risk analysis. If the individualized safety and risk analysis determines that an immediate threat to the physical health or safety of any student, including the student Respondent, or other individual justifies removal, then a student Respondent will be removed. This is the case regardless of the severity of the allegations and regardless of whether a formal complaint was filed. 

After determining a student Respondent is an immediate threat to the physical health or safety of an individual, the Title IX Coordinator will provide written notice of the emergency removal to both the Impacted Party and Respondent. This notice will contain: (1) the date the removal is set to begin, (2) the reason for the emergency removal, (3) the consequences of non-compliance, and (4) how to appeal the decision. 

If a student Respondent disagrees with the decision to be removed from campus, the Respondent may appeal the decision. The Respondent must provide written notice of the intent to appeal, which shall include the substance of the appeal, to Salvatore D’Amato, Assistant Dean of Assessment, within 10 days of receiving the notice of removal. The burden of proof is on the student Respondent to show that the removal decision was incorrect.

This section applies only to student Respondents. Employee Respondents are not subject to this section and may be placed on administrative leave pursuant to the Institution’s policies and/or collective bargaining agreement during the pendency of a Title IX grievance process.  

Review of Interim Accommodations and Safety Measures

Both the Respondent and the Impacted Party may request prompt review, reasonable under the circumstances, of the need for and terms of any interim accommodation or safety measure, including potential modification, and shall be allowed to submit evidence in support of their request.  

Potential Accommodations in the Event of No Investigation

Even if the Institution decides not to confront the Respondent because of the Impacted Party’s request for confidentiality, the Institution may pursue other reasonable steps to limit the effects of the alleged sexual misconduct and prevent its recurrence as reasonable in light of the Impacted Party’s request for confidentiality.  

Further, if an Impacted Party decides not to report an allegation of sexual misconduct to the Institution but, instead, only discloses such allegation to a Confidential Resource, such Confidential Resource may request that interim accommodations or safety measures be imposed without disclosing any details to the Institution that the Impacted Party wishes to keep confidential. The extent to which the Institution is able to impose interim accommodations or safety measures may be limited by the amount and content of the information disclosed by the Confidential Resource to the Institution. 

Assistance in Obtaining an Order of Protection

All individuals have the right to seek an Order of Protection from local law enforcement. Upon request, D’Youville Campus Safety will aid in obtaining an Order of Protection from local law enforcement. If the Institution receives an Order of Protection or its equivalent that concerns the Impacted Party and/or Respondent, then a copy will be provided to the Impacted Party and/or Respondent. The Impacted Party and/or Respondent may then meet or speak with the Director of Campus Safety who can explain the order and answer questions about it, including information from the order about a party’s  responsibility to stay away from the other party (or other protected person), and explain the consequences for violating the order, including but not limited to arrest, additional conduct charges, and interim suspension. The protected individual may seek the assistance of Campus Safety in effecting an arrest when there is a violation of an Order of Protection through local police agencies.  

Procedures for Entering and Exiting Informal Resolution Process

At any time prior to determining whether Sex-Based Harassment occurred under this Grievance Procedure, including prior to making a Complaint, Parties may instead seek the University’s assistance to resolve allegations of Sex-Based Harassment, and may elect to enter the informal resolution process.

The Parties may voluntarily elect to enter the University’s informal resolution process at any time through an informed written consent. This informed written consent will include all terms of the elected informal process, including a statement that any agreement reached through the process is binding on the Parties.

No Party may be required to participate in informal resolution, and the University may never condition enrollment, employment, or enjoyment of any other right or privilege upon agreeing to informal resolution.

The Parties may elect to leave the informal resolution process at any point until the informal resolution process is concluded. If a Party elects to leave the informal resolution process, the Grievance Procedure that the Parties paused will continue. In participating in the informal resolution process, the Parties understand that the timeframes governing the Grievance Procedure will temporarily cease, and only reinstate upon reentry into the Grievance Procedure.

Supportive Measures will be available, or continue to be available if already provided, during an informal resolution process, if elected to proceed. The Title IX Coordinator will also, to the extent necessary, take other appropriate prompt and effective steps to ensure that Sex-Based Harassment does not continue or recur within the University’s Education Program or Activity.

Notice Prior to Entry Into Informal Resolution Process

Before the initiation of an informal resolution process, the Title IX Coordinator must provide to the Parties a written notice that explains:

• The allegations;
• The requirements of the informal resolution process;
• That, prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and to initiate or resume the University’s Grievance Procedure;
• That the Parties’ agreement to a resolution at the conclusion of the informal resolution process would preclude the Parties from initiating or resuming the University’s Grievance Procedure arising from the same allegations;
• The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties; and
• What information the University will maintain and whether and how the University could disclose such information for use in its Grievance Procedure if they are initiated or resumed.

Determination to Approve Entry into Informal Resolution Process

Even where the Parties agree to submit a matter to informal resolution, the Title IX Coordinator must approve the decision to move the matter to the informal resolution process and may determine that informal resolution is not appropriate under the circumstances.

Factors that the Title IX Coordinator may weigh in considering the appropriateness of the informal resolution process include, but are not limited to, the gravity of the allegations, whether there is an ongoing threat of harm or safety to the campus, whether the Respondent is a repeat offender, the status of the parties (i.e., student or employee), whether the alleged conduct would present a future risk of harm to others, and whether the Parties are participating in good faith. This determination is not subject to appeal.

At any time after the commencement of the informal resolution process, the Title IX Coordinator may determine that the informal resolution process is not an appropriate method for resolving the matter, and may require that the matter be resolved through the Grievance Procedures. This determination is not subject to appeal.

If informal resolution is approved or denied, the University will provide the outcome in writing simultaneously to the Parties. If informal resolution is approved, the Title IX Coordinator shall also provide the information of the facilitator in writing to the Parties in a reasonable timeframe once the facilitator is assigned.

Role of the Facilitator

Informal resolution processes are managed by trained facilitators. All facilitators must not be the same person as the investigator or the/a decisionmaker(s) in the University’s Grievance Procedure. Any person designated to facilitate informal resolution must not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

All facilitators must have training, required by law and regulation. Such training includes:

• The University’s obligation to address sex discrimination, including Sex-Based Harassment, in its Education Program or Activity;
• The scope of conduct that constitutes sex discrimination, including Sex-Based Harassment, under Title IX, including the definition of Sex-Based Harassment;
• All applicable notification and information requirements related to parental, family, or marital status, including pregnancy and related conditions, and the University’s response to sex discrimination;
• The rules and practices associated with the University’s informal resolution process; and
• How to serve impartially, including by avoiding conflicts of interest and bias.

Contents of Informal Resolution Agreements

Potential terms that may be included in an informal resolution agreement between the Parties include but are not limited to:

• Restrictions on contact; and
• Restrictions on the Respondent’s participation in one or more of the University’s education programs or activities or attendance at specific events, including restrictions the University could have imposed as Remedies or Disciplinary Sanctions had the University determined at the conclusion of the Grievance Procedure that Sex-Based Harassment occurred.

Breach of Informal Resolution Agreements

If a Party breaches the resolution or if the University has other compelling reasons, such as if it learns of any fraud by a Party in entering into the agreement, the University may void the agreement and initiate or resume the Grievance Procedure. The University may also bring conduct or disciplinary charges against the party found in violation of the agreement.

Confidentiality:

In entering the informal resolution process, the Parties agree that any testimony and evidence (including admissions of responsibility) they share or receive during the informal resolution process concerning the allegations of the Complaint is confidential. No evidence concerning the allegations obtained within the informal resolution process may be disseminated to any person, provided that any Party to the informal resolution process may generally discuss the allegations under investigation with a parent, friend, or other source of emotional support, or with an advocacy organization. As a condition of entering the informal resolution process, any evidence shared or received during the informal resolution process may not be used in any subsequent Grievance Procedure or institutional appeal.

Informal Resolution Options

The University offers the following informal resolution procedures for addressing Complaints of Sex-Based Harassment described under this Grievance Procedure:

Administrative Resolution

Should the Parties mutually determine to enter the informal resolution process, and the Respondent elects to accept responsibility for the allegations of the Complaint at any point during the informal resolution process, the institution may administratively resolve the Complaint.

Where the Respondent admits responsibility, the Parties will receive simultaneous written notification of the acceptance of responsibility, and the University will determine the Respondent’s sanction and other Remedies, as appropriate and consistent with University policy. The Parties will be given an opportunity to be heard at the sanctions hearing, including without limitation, the submission of impact statements, but questioning of Parties or witnesses will not be permitted. The Parties will receive simultaneous written notification of the decision regarding sanctions and Remedies, which may be appealed according to the process described above.

Mediation

The purpose of mediation is for the Parties who are in conflict to identify the implications of a Student’s actions and, with the assistance of a trained facilitator, identify points of agreement and appropriate Remedies to address them. Either Party can request mediation to seek resolution; mediation will be used only with the Consent of both Parties, who will be asked not to contact one another during the process. The Title IX Coordinator will also review any request for mediation, and may decline to mediate based on the facts and circumstances of the particular case. Either Party has the right to terminate the mediation process and choose or resume another option for resolution at any time.

The mediation process will typically commence within ten days after the Title IX Coordinator receives Consent to mediate from both Parties, and has made its determination to allow informal resolution to go forward. Mediation will continue until concluded or terminated by either Party, the facilitator, or the Title IX Coordinator. During mediation, any potential investigation will halt, and calculations for time frames will be stayed. If the mediation results in a resolution, the disciplinary process will be concluded, and the matter will be closed. If a resolution cannot be reached, the matter will be referred to the Dean of Students to re-evaluate other options for resolution, including investigation or proceeding forward with the Grievance Procedure.

During mediation, a facilitator will guide a discussion between the Parties. In circumstances where the Parties do not wish to meet face to face, either Party can request “caucus” mediation, and the facilitator will conduct separate meetings.

At the conclusion of the mediation, the facilitator will memorialize the agreement that was reached between the Parties. The Title IX Office will monitor adherence to the proposed solution and close the matter when compliance is satisfactory.

An investigation conducted pursuant to this policy, the investigator’s preparation of their initial report, presentation to the Title IX Coordinator, completion of a Live Hearing, and the imposition of sanctions should normally be completed within 60 calendar days after the Institution has notice of an allegation of sexual misconduct. The Title IX Coordinator may extend this time frame for good cause, including Institution breaks. If the time frame is extended, notice of the extension and the reasons for such extension will be provided to the Impacted Party and Respondent. 

Where the Impacted Party has also reported the sexual misconduct to local law enforcement, resulting in the commencement of a criminal investigation, the Institution will not wait for the conclusion of a criminal investigation or criminal proceeding to begin its own investigation.

While the Institution may need to delay temporarily the fact-finding portion of its investigation under this policy while law enforcement is gathering evidence, the Institution will still take any necessary interim accommodation and safety measures, as described above. The Institution will promptly resume and complete its investigation once it learns that the local law enforcement has completed its evidence gathering stage of the criminal investigation. During any delay in the Institution’s investigation process caused by a criminal investigation, the Institution will update the parties on the status of its investigation and inform the parties when the Institution resumes its investigation pursuant to this policy.  

When the Institution receives notice of a sexual misconduct incident, the Title IX Coordinator ensures that the Impacted Party is given a resource guide outlining the Title IX Process and offers assistance in notifying local law enforcement and the local hospital. The Title IX Coordinator holds an initial meeting with the Impacted Party and gathers all known details and other information regarding the incident.

Based on the initial report and meeting with the Impacted Party, the Title IX Coordinator will decide on any applicable interim measures, as described above. After discussion with, and input from the Impact Party, these measures will be  put into place by the Title IX Coordinator.

A formal complaint is filed by either the Impacted Party or the Title IX Coordinator, which begins the Title IX process and transitions the Impacted Party to a Complainant. In order to qualify as a formal complaint, the document must contain the Complainant’s physical or electronic signature, or otherwise indicate that the Complainant is the person filing the formal complaint.  The formal complaint may be submitted to the Title IX Coordinator in person, by mail, or by e-mail.

The Title IX Coordinator will review the formal complaint filed by a Complainant to determine whether the alleged conduct:

• would not constitute sexual harassment as defined in Section 106.30 of the U.S. Department of Education’s Title IX regulations, even if proved,
• did not occur in the Institution’s education program or activity (as defined in federal regulations), or
• did not occur against a person in the United States.

In order to comply with Title IX regulations, the Title IX Coordinator must dismiss and discontinue the processing of any allegations that meet the above criteria for purposes of Title IX and related federal regulations. However, even if certain allegations are subject to dismissal for purposes of Title IX, the Institution may continue to process the allegations as potential violations of this policy, assuming that the allegations, if true, would constitute prohibited sexual misconduct.

Notice of any dismissal under this section will be in writing and issued to both the Complainant and Respondent, with information concerning the parties’ rights to appeal.

Following the filing of a formal complaint, written notice will be provided to all known parties of the allegations in the complaint and directing them to the official sexual misconduct policy. The notice will also contain:

• the identities of the involved parties;
• the date, time, location and factual allegations concerning the alleged violation;
• the right to an advisor of their choice, who may be, but is not required to be, an attorney;
• their right to inspect and review evidence in accordance with this policy;
• notice that knowingly making false statements or knowingly submitting false information is prohibited under Institution policy; and
• that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the process

The Title IX Coordinator will assign a Deputy Coordinator and a trained investigator to the complaint.  This assignment will be determined by the case type and/or the schedule rotation of investigators.  Once assigned, the Deputy Coordinator will schedule an initial meeting with the Complainant and the Respondent. In scheduling these meetings, the Deputy Coordinator will provide each party with written notice of the date, time, location, participants, and purpose of the meeting, with sufficient time for the party to prepare and participate. In these separate meetings, the Deputy Coordinator and investigator will:

1. Meet with the Complainant to confirm their receipt of the resource guide and direct them to the official misconduct policy;
2. Meet with the Respondent to offer the resource guide and direct them to the official misconduct policy;
3. Assign/remind all parties of any interim measures (i.e.: no contact order, altering housing/academics/campus work, counseling, etc.);
4. Provide advance notice for all upcoming meetings with the parties; and
5. Inform all parties that investigators will follow-up soon.

Upon completion of the initial meetings, the assigned investigators will review notes and all collected information with the Title IX Coordinator and recommend either an informal or formal Resolution to the complaint. The Title IX Coordinator will either approve or amend the recommendation based on the review and will notify the parties of the recommendation.

If informal resolution is recommended, the Complainant and Respondent will both receive written notice and must provide written consent for the informal resolution.  Should consent be given by all parties, the informal resolution process will proceed as described above. At any stage during or upon the conclusion of the informal resolution process, either party may decide to proceed by formal process.

If formal resolution is recommended, further investigation will begin which may include meeting with witnesses and gathering other evidence. The Complainant and the Respondent will be given an equal opportunity to present information.  This includes the opportunity to present fact or expert witnesses and other evidence that the party believes tends to prove or disprove the allegations.  However, at all times, the burden of gathering evidence remains with the Institution.  The investigators may decline to interview any witness or to gather information the investigator finds to be not relevant or otherwise excludable (e.g., sexual history of the complainant with a person other than the respondent, materials subject to a recognized privilege, medical records in the absence of a release by the subject of the records, etc.). The investigators will determine the order and method of investigation.  Advance notice will be given for all investigatory meetings, and such notice will include the date, time, location, participants, and purpose of the meeting.

No unauthorized audio or video recording of any kind is permitted during investigation meetings or interviews. If the investigator elects to audio and/or video record interviews, all involved parties involved in the meeting or interview will be made aware that audio and/or video recording is occurring.

The Complainant and Respondent have a right to be accompanied by an Advisor of their choice during the investigation, who may be an attorney. The Institution does not appoint an Advisor for a party during the investigation phase of the process.  

Both the Complainant and the Respondent will receive an equal opportunity to inspect and review all evidence gathered during the investigation directly related to the allegations gathered in the formal complaint and regardless of whether the information will be relied on in reaching a determination. The Complainant and Respondent, and each party’s Advisor, if any, will be provided a copy (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform) of the evidence, subject to redaction permitted and/or required by law. The parties will be given at least 10 days to submit a written response, which will be reviewed and considered by the investigators prior to completion of their investigative report. 

The assigned investigators will use the investigation, and the evidence and information they gather, to prepare a full written investigative report. The report will fairly summarize the relevant evidence. The investigator need not include information in the investigative report that the investigator determines not relevant or otherwise excludable.  The investigator will submit the investigative report to the Title IX Coordinator. 

The investigative report will then be provided to both the Complainant and Respondent, and each party’s Advisor, if any, at least 10 days prior to the hearing held to determine whether there is responsibility for the allegations in the complaint. The report may be sent in hard copy or electronic format or made available through an electronic file sharing platform, and it is subject to redaction permitted and/or required by law.

Following completion of the investigation and investigative report, the Title IX Coordinator will schedule a live hearing. The Title IX Coordinator will issue both the Complainant and Respondent three forms before the hearing: 

1. Notice of Hearing, which will include the date, time, and location of the hearing, the names of the Hearing Panel members, and how to challenge participation by any Hearing Panel member for bias or conflict of interest. Bias or conflict of interest will be judged by an objective standard (whether a reasonable person would conclude the decision maker is biased).
2. Title IX Hearing Format Request.
3. Notice of Student / Employee, Trustee, and Third Party Rights before a Title IX Hearing Panel. 

When the Hearing Format Request and the Notice of Rights forms are signed and returned, both the Complainant and Respondent will receive copies of the signed forms with a list of witnesses and advisors who will participate in the hearing.

The Title IX Coordinator will form a Hearing Panel comprised of three members who are drawn from a pool of trained hearing officers. The assigned Chair of the Hearing Panel will be a Deputy Title IX Coordinator and will administer all outreach for the Hearing and will oversee the process during the Hearing.

Hearings are private. Observers or additional support personnel, other than the parties’ advisors, are not allowed unless deemed necessary by the Title IX Coordinator for purposes such as accommodation of a disability.  Cell phones and recording devices may not be used by the parties or their Advisors in the hearing room(s).  

Hearings may be conducted with all parties physically present in the same location or, at the Title IX Coordinator’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling the Hearing Panel and the parties to simultaneously see and hear any party or witness providing information or answering questions.  If either party so requests, the hearing will be conducted with the parties located in separate rooms using technology as described in the preceding sentence.

The Complainant and the Respondent may each have present with them during the hearing an Advisor of their choice (at the party’s expense, if the Advisor is a paid Advisor).  If a party does not have an Advisor present at the hearing, the Institution will provide an Advisor of its choice for the limited purpose of conducting questioning on behalf of that party as provided below. 

Except with respect to questioning as described below, the Advisor’s role during the hearing is limited to consulting with their advisee, and the Advisor may not present evidence, address the Hearing Panel during the hearing, object to any aspect of the proceeding, or disrupt the hearing in any way, and any consultation with the advisee while the hearing is in progress must be done in a quiet non-disruptive manner or in writing. The Advisor may consult with the advisee verbally outside the hearing during breaks, when such breaks are granted by the Chair of the Hearing Panel. An Advisor’s questioning of the other party and any witnesses must be conducted in a respectful, non-intimidating and non-abusive manner. 

During the hearing, the Hearing Panel members will ask questions or the witnesses, and each party’s Advisor will be permitted to ask questions during cross-examination of the other party and any witnesses. However, only relevant questions may be asked of a party or witness. Before a party or witness answers a question during cross examination or otherwise, the Chair of the Hearing Panel must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.  Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, other than questions and evidence about the Complainant’s prior sexual behavior that (a) are offered to prove that someone other than the Respondent committed the alleged misconduct, or (b) concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

Upon completion of the Hearing, the Hearing Panel will deliberate and reach a determination as to whether the Respondent is responsible or not responsible for the alleged violation(s). The Hearing Panel will use “preponderance of the evidence” as the standard of proof to determine whether each alleged violation of the Policy occurred. “Preponderance of the evidence” means that the Hearing Panel must determine whether, based on the evidence presented, it is more likely than not that the Respondent engaged in the conduct charged.

Each party may submit a written personal impact statement to the Title IX Coordinator for consideration by the Hearing Panel in determining an appropriate sanction if there is a finding of responsibility on one or more of the charges. The parties must submit their statements to the Title IX Coordinator prior to the hearing. The Title IX Coordinator will provide each of the parties an opportunity to review any statement submitted by the other party. 

In determining the appropriate sanctions, the Hearing Panel consult with appropriate Institution officials and consider factors that may include:

• the nature and severity of, and circumstances surrounding, the violation(s);
• the Respondent’s state of mind at the time of the violation(s) (intentional, knowing, bias-motivated, reckless, negligent, etc.);
• the Respondent’s previous disciplinary history;
• the need for sanctions to bring an end to the conduct; and/or to prevent the future recurrence of similar conduct;
• the need to remedy the effects of the conduct on the Complainant and/or the community;
• the impact of potential sanctions on the Respondent;
• sanctions imposed by the Institution in other matters involving comparable conduct; and
• any other lawful factors deemed relevant by the Hearing Panel.

Further, at this stage of the proceedings, the Hearing Panel may consider past findings of domestic violence, dating violence, stalking or sexual assault concerning the Respondent. 

Possible sanctions include: 

1. Termination from Institution employment 
   1. In the event the Respondent is a tenured faculty member, and the Hearing Panel determines that termination from employment is the appropriate sanction, a recommendation shall be made to D’Youville administration who may, in turn, commence dismissal proceedings in accordance with the applicable collective bargaining agreement.
2. Expulsion 
3. Ban from Institution premises and/or events 
4. Suspension 
5. Reprimand/warning 
6. Mandatory leave of absence 
7. Probation 
8. Community service 
9. Housing reassignment 
10. Removal from student housing or otherwise restricting access to Institution facilities or activities 
11. Transcript notation 

The Hearing Panel will issue a written determination including the following information:

• A description of the complaint allegations that were adjudicated;
• A description of the procedural steps taken from the submission of the formal complaint through the determination, including notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
• Findings of fact supporting the determination;
• Conclusions regarding the application of the policy to the facts;
• A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions to be imposed on the Respondent, and whether remedies designed to restore or preserve equal access to the Institution’s educational programs or activities will be provided to the Complainant; and
• The procedures and permissible bases for the Complainant and Respondent to appeal.

The Chair of the Hearing Panel will share the written determination with the Title IX Coordinator who will transmit, by Institution email, the decision to both the Complainant and the Respondent simultaneously.  This decision letter will outline the full appeal process. 

Both the Complainant and the Respondent have the right to appeal a Hearing Panel decision. Should an appeal be filed, notice of this appeal will be shared with the non-appealing party by the Title IX Coordinator. Both parties will be given an opportunity to submit a written statement in support of, or challenging, the outcome of the hearing. 

An appeal may be made only on justifiable grounds including:

1. A procedural error or omission occurred that significantly impacted the outcome of the Hearing or the sanction imposed;
2. New evidence, unknown or not reasonably available during the investigation or Hearing, that could substantially impact the original finding;
3. Review of whether bias or a conflict of interest was involved in the investigation and/or hearing such that it affected the outcome of the case and resulting sanctions. 

The following outlines the appeal process for cases involving a Student-Respondent: 

1. Appeal Due:
   In writing, within 5 business days of the delivery of the written findings of the Title IX Hearing Panel. The appeal must be submitted to the Title IX Coordinator or designee.

2. Appeal Process:
   1. The Title IX Appeal Panel will review the appeal and determine if one of the three ground(s) for appeal have been met.
   2. The Title IX Appeal Panel will review the appeal and any response received from the non-appealing party based only upon the grounds identified and, if sufficient grounds for appeal exist, appropriate remedial action will be taken.
   3. If no ground for appeal exists, the appeal will be denied. The decision of the Title IX Appeal Panel shall be final and not appealable. 

3. Principles governing appeals:
   1. Appeals are confined to a review of the written record on appeal, limited to evidence presented at the Hearing, and documentation pertinent to the grounds for appeal. The Title IX Appeal Panel shall not consider matters outside of the Hearing record in making a determination of an appeal.
   2. Appeals granted based on new evidence will be remanded to the original Hearing Panel, who will then review the factual findings to determine if the new information changes the factual finding. If the Hearing Panel determines that the factual finding has changed, the new factual finding and sanctions will be returned to the Title IX Coordinator for delivery.
   3. Sanctions imposed as a result of the Hearing are normally implemented immediately and remain in place throughout the appeal process.

All parties will be informed, at the same time, of the final decision of the Title IX Appeal Panel, and rationale for the result, via email and by letter within five business days of receipt of the appeal from the Title IX Coordinator. The decision of the Title IX Appeal Panel is final and may not be appealed.

In cases where the Respondent is a Institution employee or third party, if the Impacted Party is dissatisfied with final determinations made under this policy, whether it is the results of the hearing or the sanction determination, then the Impacted Party may file an appeal with the President of the Institution within 5 business days of the delivery of the written decision regarding responsibility and/or sanctions.  The appeal must be in writing and submitted through official Institution email. The grounds, appeal process, and general principles described above will be followed with respect to appeals to the President. The President’s written decision regarding an appeal by the Impacted Party or non-union Employee-Respondent will be provided to the parties within 20 calendar days following the submission of the written appeal statement. The President’s decision is final.  

If the Respondent is a non-union Institution employee and is dissatisfied with final determinations made under this policy, whether it is the results of the hearing or the sanction determination, then the Respondent may file an appeal with the President of the Institution within 5 business days of the delivery of the written findings of the Title IX Hearing Panel. The appeal must be in writing and submitted through official Institution email. The grounds, appeal process, and general principles described above will be followed with respect to appeals to the President. The President’s written decision regarding an appeal by the Impacted Party or non-union Employee-Respondent will be provided to the parties within 20 calendar days following the submission of the written appeal statement. The President’s decision is final.  

If the Respondent is a Institution employee represented by a union and is dissatisfied with a determination made under this policy, then the Respondent may challenge such determination pursuant to the procedures set forth in the applicable collective bargaining agreement, subject to any and all terms, conditions, limitations, and restrictions provided in, and applicable to, those procedures.   

In cases where the Respondent is a Institution employee who holds a position at the level of Vice President or higher, then the appropriate process for appeals will be determined by the President and/or the Chair of the Board of Trustees.  

A third party-Respondent has no right to appeal under this policy.  

Whether or not an Impacted Party chooses to make an official report of Prohibited Conduct, they are urged to seek appropriate help. There are numerous resources for those impacted by sexual misconduct. Specific resources, either on or off campus, for safety and law enforcement, medical treatment, legal evidence collection, and obtaining information, support and counseling are listed below. Each resource can assist a person to access the full range of services available.

On-Campus Resources

• Danielle Nesselbush, Title IX Coordinator: (716) 829-8337
• D’Youville Student Affairs: (716) 829-7812
• D'Youville Athletics: (716) 829-8304
• D'Youville Campus Safety: (716) 829-7550
• D'Youville Human Resources: (716) 829-8222

D’Youville Campus Safety and Law Enforcement  

• For emergency security and police services, call 911 or seek a Red (interior) or Blue (exterior) Emergency Phone on campus. 
• Buffalo Police Department: (716) 851-4444
• Buffalo Police Sex Offense Squad: (716) 851-4494
• D’Youville Campus Safety: (716) 829-7551
• Erie County Sheriff/Department of Family Offenses: (716) 858-6102
• Erie County District Attorney/CARR Unit: (716) 858-2525

Medical Treatment

• For life-threatening conditions and other emergency medical services, call 911 or seek a Red (interior) or Blue (exterior) Emergency Phone on campus. Individuals may also go to the nearest hospital emergency department. 
• Erie County Medical Center: (716) 898-3000
• Buffalo General Hospital: (716) 859-5600
• Crisis Services: (716) 834-3131

An individual who has been sexually assaulted is encouraged to request collection of medical-legal evidence. Prompt collection of physical evidence is essential should a person later decide to pursue criminal prosecution and/or a civil action.   

Federal law provides free medical-legal exams to victims of sexual assault. For assistance in seeking such an exam, contact: Crisis Services: (716) 834-3131 

Whether one chooses to make an official report, an individual who has suffered an act of sexual misconduct or sexual assault is encouraged to obtain information, support and counseling. Counselors at a variety of agencies, both on and off campus, can help that person decide what steps to take, such as seeking medical attention, preserving evidence, obtaining counseling or reporting to authorities.   

Information, support and advice are available for anyone in the D’Youville community who wishes to discuss issues related to sexual misconduct or sexual assault, whether sexual misconduct or sexual assault has actually occurred and whether the person seeking information has been assaulted, has been accused of sexual misconduct or sexual assault, or is a third party.   

The degree to which confidentiality can be protected depends upon the professional role of the person being consulted and should be addressed with that person before specific facts are disclosed, if possible (see Section IV, Confidentiality & Confidential Resources).