Nondiscrimination Policy & Grievance Procedures

D'Youville University has adopted a grievance procedure that provides for the prompt and equitable resolution of discrimination Complaints made by students, employees, or other individuals who are participating or attempting to participate in its Education Program or Activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX, Title VI of the Civil Rights Act of 1964 or NYSHRL (hereinafter collectively “Nondiscrimination Protections”). 

Sex discrimination, as defined by Title IX, includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Discrimination, as defined by the NYHRL includes discrimination on the basis of an individual’s age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, domestic violence victim status, arrest or conviction record, predisposed genetic characteristics, sincerely held religious belief, disability, or marital status. 

Title IX’s prohibition on sex discrimination includes sex-based harassment in the form of quid pro quo harassment, hostile environment harassment, and four specific offenses (sexual assault, dating violence, domestic violence, and stalking). For the prompt and equitable resolution of Complaints of sex-based harassment involving a student Party, D'Youville University will utilize Grievance Procedures for Sex-Based Harassment Complaints Involving Students.  

A particular situation may potentially invoke one or more University policies or processes. D'Youville University reserves the right to determine the most applicable policy or process and to utilize that policy or process. 

 Jurisdiction of Procedure 

• This Procedure applies to all unlawful discrimination occurring under the University’s Education Program or Activity in the United States.

• Conduct that occurs under D'Youville University’s Education Program or Activity includes but is not limited to conduct that occurs in a building owned or controlled by a student organization that is officially recognized by D'Youville University and conduct that is subject to D'Youville University’s disciplinary authority.

• D'Youville University has an obligation to address discriminatory conduct, including sex-based hostile environment, that occurs under its Education Program or Activity, even when some conduct alleged to be contributing to the hostile environment occurred outside the recipient’s Education Program or Activity or outside the United States. 

Complaints 

The following people have a right to make a Complaint of discrimination, including Complaints of sex-based harassment, requesting that D'Youville University investigate and make a determination about alleged discrimination:  

• A “Complainant,” which includes: a student or employee of the University who is alleged to have been subjected to conduct that could constitute discrimination under the Nondiscrimination Protections; or  

• A person other than a student or employee of D'Youville University who is alleged to have been subjected to conduct that could constitute discrimination under Nondiscrimination Protections at a time when that individual was participating or attempting to participate in D'Youville University’s Education Program or Activity;  

• A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant; or D'Youville University’s Title IX Coordinator. 

With respect to Complaints of discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a Complaint: 

• Any student or employee of D'Youville University’s or 

• Any person other than a student or employee who was participating or attempting to participate in D'Youville University’s Education Program or Activity at the time of the alleged discrimination. 

Types of Complaints that may be addressed under these Grievance Procedures include, but are not limited to, discrimination other than sex-based harassment involving a student, such as: 

• Complaints of retaliation; 

• Complaints of harassment not involving a student; 

• Complaints of discrimination that do not involve sex-based harassment and do not involve a student as a party; 

• Complaints regarding failure to make reasonable modifications to policies, practices or procedures as necessary to ensure equal access and prevent discrimination on the basis of race, creed, color, disability, national origin, sexual orientation, military status, sex, age, marital status, domestic violence victim status, arrest or conviction record, predisposed genetic characteristics, sincerely held religious belief or gender identity or expression; or  

• Complaints that D'Youville University’s policies or procedures discriminate on the basis of race, creed, color, disability, national origin, sexual orientation, military status, sex, age, marital status, domestic violence victim status, arrest or conviction record, predisposed genetic characteristics, sincerely held religious belief or gender identity or expression. 

Complaints may be submitted via Maxient, 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 

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.  

Complainant means:  

1. a student or employee who is alleged to have been subjected to conduct that could constitute discrimination as defined in this procedure and who was participating or attempting to participate in D'Youville University’s Education Program or Activity; or   
2. a person other than a student or employee who is alleged to have been subjected to conduct that could constitute discrimination under these grievance procedures and who was participating or attempting to participate in D'Youville University’s Education Program or Activity at the time of the alleged discrimination.  

Complaint means an oral or written request to D'Youville University that objectively can be understood as a request for D'Youville University to investigate and make a determination about alleged discrimination at D'Youville University.  

Confidential Employee means:   

1. an employee of D'Youville 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;   
2. an employee of D'Youville University whom the recipient has designated as confidential for the purpose of providing services to persons related to discrimination. 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 discrimination in connection with providing those services; or   
3. an employee of D'Youville University who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about discrimination. The employee’s confidential status is only with respect to information received while conducting the study.  

Disciplinary Sanctions means consequences imposed on a Respondent following a determination under this grievance procedure that the Respondent violated D'Youville University’s prohibition against discrimination.  

Discrimination means an educational or employment-related decision that disadvantages a person that occurs because of the affected individual’s race, color, religion, ethnic or national origin, gender, age, disability, predisposing genetic characteristics, sexual orientation, gender identity, self-identified or perceived sex, gender expression, transgender status, military or veteran’s status, marital status, or any other characteristic protected by applicable law. 

Education Program or Activity means all of the operations of D'Youville University. 

 Party means Complainant or Respondent. 

Pregnancy or related conditions means 

1. Pregnancy, childbirth, termination of pregnancy, or lactation; 
2. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or 
3. Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions. 

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

 Remedies means measures provided, as appropriate, to a Complainant or any other person the University identified as having had their equal access to D'Youville University’s Education Program or Activity limited or denied by discrimination. These measures are provided to restore or preserve that person’s access to D'Youville University’s Education Program or Activity after D'Youville University determines that discrimination occurred.  

 Respondent means a person who is alleged to have violated D'Youville University’s prohibition on discrimination.  

 Retaliation means intimidation, threats, coercion, or discrimination by any person by D'Youville University a student, or an employee or other person authorized by D'Youville University to provide aid, benefit, or service under D'Youville University’s Education Program or Activity, for the purpose of interfering with any right or privilege secured by the Nondiscrimination Protections, 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 Procedure. 

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:   

1. Quid pro quo harassment. An employee, agent or other person authorized by D'Youville 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;   
2. Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from D'Youville 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:   
   • The degree to which the conduct affected the Complainant’s ability to access D'Youville University’s Education Program or Activity;   
   • The type, frequency, and duration of the conduct;   
   • The Parties’ ages, roles within D'Youville 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;   
   • The location of the conduct and the context in which the conduct occurred; and  
   • Other sex-based harassment in D'Youville University’s Education Program or Activity. 

Sexual Assault (as defined in the Clery Act) 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:  

1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and   
2. Where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship. 

Domestic Violence means any felony or misdemeanor crimes committed by a person who:  

1. 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;  
2. Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;  
3. Shared a child in common with the victim; or   
4. 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:   

1. fear for the person’s safety or the safety of others; or  
2. suffer substantial emotional distress.  

 Student means a person who has gained admission.  

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 D'Youville University’s Education Program or Activity, including measured that are designed to protect the safety of the Parties or D'Youville University’s educational environment; or  
2. Provide support during D'Youville University’s Grievance Procedure for discrimination or during the informal resolution process.

Equitable Treatment: D'Youville University will treat Complainants and Respondents equitably. 

Conflicts and Bias: D'Youville University requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. A decisionmaker may be the same person as the Title IX Coordinator or investigator. 

Presumption: D'Youville University presumes that the Respondent is not responsible for the alleged discrimination until a determination is made at the conclusion of its Grievance Procedure. 

Privacy: D'Youville University will take reasonable steps to protect the privacy of the Parties and witnesses during its grievance procedure. These steps will not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedure. The Parties cannot engage in retaliation, including against witnesses. 

Objectivity: D'Youville University will objectively evaluate all evidence that is relevant and not otherwise impermissible including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness. 

Impermissible Evidence: The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by D'Youville University to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant: 

1. Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality; 

2. A Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless D'Youville University obtains that Party’s or witness’s voluntary, written consent for use in its grievance procedures; and 

3. Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred. 

Filing a Complaint 

Who can make a Complaint?  

• A Complainant, which includes: a student or employee of D'Youville University who is alleged to have been subjected to conduct that could constitute discrimination under Nondiscrimination Protections; or a person other than a student or employee of D'Youville University who is alleged to have been subjected to conduct that could constitute discrimination under Nondiscrimination Protections at a time when that individual was participating or attempting to participate in D'Youville University’s Education Program or Activity; 

• A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant; or 

• The Title IX Coordinator.  

Title IX Coordinator initiated Complaints: In the absence of a Complaint or the withdrawal of any or all of the allegations in a Complaint, and in the absence or termination of an informal resolution process, the Title IX Coordinator must determine whether to initiate a Complaint of discrimination. This determination is fact-specific, and the Title IX Coordinator must consider: 

• The Complainant’s request not to proceed with the initiation of a Complaint;  

• The Complainant’s reasonable safety concerns regarding initiation of a Complaint;  

• The risk that additional acts of discrimination would occur if a Complaint were not initiated;  

• The severity of the alleged discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;  

• The age and relationship of the Parties, including whether the Respondent is an employee of the recipient;  

• The scope of the alleged discrimination, including information suggesting a pattern, ongoing discrimination;  

• The availability of evidence to assist a decisionmaker in determining whether discrimination occurred; and  

• Whether D'Youville University could end the alleged discrimination and prevent its recurrence without initiating these grievance procedures.  

If after considering these and other relevant factors, the Title IX Coordinator determines that the conduct as alleged present as an imminent and serious threat to the health or safety of the Complainant or other person, or that the conduct as alleged prevents D'Youville University from ensuring equal access on the basis of sex to its Education Program or Activity, the Title IX Coordinator may initiate a Complaint.  

If the Title IX Coordinator does initiate the Complaint after making this determination, the Title IX Coordinator must notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including by providing supportive measures as listed in Section VI of these procedures.  

Format of Complaint 

As defined in IV(4) of these procedures, a Complaint can be an oral or written request to D'Youville University that objectively can be understood as a request for D'Youville University to investigate and make a determination about alleged discrimination at D'Youville University.  

Who can I report a Complaint to?  

Any reports of discrimination may be made directly to the Title IX Coordinator, whose contact information is listed at the beginning of this Grievance Procedure. There are other ways in which a Party may report a Complaint. 

D'Youville University requires that any employee who is not a Confidential Employee must notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute discrimination. 

All other employees at D'Youville University who are not Confidential Employees as identified above are required to notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute discrimination, including Sex-Based Harassment. 

Confidential Reports 

The following officials at D’Youville 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 

• 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 D’Youville University. 

PUBLIC AWARENESS EVENTS 

When D’Youville 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. 

Providing Supportive Measures 

Complainants who report allegations of discrimination have the right to receive supportive measures from D’Youville University regardless of whether they file a Complaint. Supportive measures are non-disciplinary and non-punitive. Supportive measures may vary depending upon what is reasonably available at D’Youville University.  

As appropriate, supportive measures may include but not be limited to:  

• Counseling services; 

• Extensions of deadlines or other course-related adjustments; 

• Modifications of work or class schedules; 

• Campus escort services, as available; 

• Restrictions on contact applied to one or more Parties (no contact orders); 

• Changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; 

• Leaves of absence; 

• Increased security and monitoring of certain areas of the campus; or 

• Training and education programs related to discrimination. 

Supportive measures must not unreasonably burden either Party and must be designed to protect the safety of the Parties or D’Youville University’s educational environment, or to provide support during D’Youville University’s grievance procedure under this policy.  

D’Youville University may modify or terminate supportive measures at the conclusion of the grievance procedure or may continue them beyond that point within D’Youville University’s discretion.  

D’Youville University will not disclose information about any supportive measures to persons other than the person to whom they apply, including informing one Party of supportive measures provided to another Party, unless necessary to provide the supportive measure or restore or preserve a Party’s access to D’Youville University’s Education Program or Activity, or there is an exception that applies, such as:  

• D’Youville University has obtained prior written consent from a person with the legal right to consent to the disclosure;  

• When the information is disclosed to an appropriate third Party with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;  

• To carry out the purpose of the policy when it is necessary to address conduct that reasonably may constitute discrimination under Nondiscrimination Protections in D’Youville University’s Education Program or Activity;  

• As required by Federal law, federal regulations, or the terms and conditions of a federal award; or  

• To the extent such disclosures are not otherwise in conflict with Title IX, when required by State or local law or when permitted under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g, or its implementing regulations, 34 CFR Part 99).    

Process for Review of Supportive Measures  

D’Youville University provides for a Complainant or Respondent to seek modification or reversal of D’Youville University’s decision to provide, deny, modify or terminate a supportive measure.   

This review will be done by The Vice President for Student Affairs. The reviewer will have the authority to modify or reverse the decision if they determine that the decision to provide, deny, modify or terminate the supportive measure was inconsistent with the procedure as outlined above for providing supportive measures in accordance with the Title IX regulations.  

Parties are only allowed to challenge their own individual supportive measures. Challenges by one Party will not be heard to supportive measures afforded to the opposite Party, unless that supportive measure directly impacts the Party making such challenge (i.e., two-way no contact orders).  

Emergency Removal 

D’Youville University retains the authority to remove a student Respondent from D’Youville University’s Education Program or Activity on an emergency basis, where D’Youville University (1) undertakes an individualized safety and risk analysis, and (2) determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of discrimination justifies removal.  

D’Youville University will provide the Respondent with notice and an opportunity to challenge the decision immediately following the removal by submitting an appeal in writing to the President or designee.  

Administrative Leave  

D’Youville University retains the authority to place a non-student employee Respondent on administrative leave or suspension during the Grievance Procedure, consistent with the Employee Handbook and applicable collective bargaining agreements. 

Note on student employees: when a Complainant or Respondent is both a student and an employee of D’Youville University, D’Youville University must make a fact-specific inquiry to determine whether these procedures apply to that student employee. If the Complainant or Respondent’s primary relationship with D’Youville University is to receive an education and whether the alleged discrimination occurred while the Party was performing employment-related work.  

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence: 

• The Title IX Coordinator will appoint an impartial decisionmaker who is responsible for rendering determinations regarding allegations of discrimination. 

• A decision regarding responsibility, including any consequences or sanctions, will be made by the decisionmaker. Typically, the decision will be based on a preponderance of the evidence as presented in the investigation report. If deemed necessary, the decisionmaker may request additional information by meeting separately with the parties, witnesses, or gathering other relevant information. The parties may also request separate meetings with the decisionmaker to provide additional relevant information. 

• The preponderance of the evidence standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded by the evidence, under the applicable standard, that discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that discrimination occurred.  

• The decisionmaker will notify the Parties in writing of the determination whether discrimination occurred, including the rationale for such determination, and the procedures and permissible bases for the Complainant and Respondent to appeal, if applicable;  

• D’Youville University will not impose discipline on a Respondent for discrimination unless there is a determination at the conclusion of the grievance procedure that the Respondent engaged in prohibited discrimination.  

• If there is a determination that discrimination occurred, the Title IX Coordinator will, as appropriate:  

• Coordinate the provision and implementation of remedies to a Complainant and other people D’Youville University identifies as having had equal access to D’Youville University’s Education Program or Activity limited or denied by discrimination;  

• Coordinate the imposition of any disciplinary sanctions on a Respondent, including notification to the Complainant of any such disciplinary sanctions; and  

• Take other appropriate prompt and effective steps to ensure that discrimination does not continue or recur within D’Youville University’s Education Program or Activity.  

• D’Youville University will comply with the applicable grievance procedure under any Handbook or Collective Bargaining Agreement before the imposition of any disciplinary sanctions against a Respondent; and  

• D’Youville University will not discipline a Party, witness, or others participating in the grievance procedure for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether discrimination occurred.

To appeal, a Party must submit their written appeal within five University business days of being notified of the decision, indicating the grounds for appeal. 

D’Youville University offers the following process for appeals from a dismissal or a determination whether discrimination occurred: 

If the dismissal or determination is appealed, D’YouvilleUniversity will:  

• Notify the Parties of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent;  

• Implement appeal procedures equally for the Parties;  

• Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the Complaint;  

• Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations; 

• Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and  

• Notify the Parties of the result of the appeal and the rationale for the result.  

When a Complaint is dismissed, D’Youville University will, at a minimum:  

• Offer supportive measures to the Complainant as appropriate. 

• If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and  

• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that discrimination does not continue or recur within D’Youville University’s Education Program or Activity. 

The submission of appeal stays (or pauses) any sanctions for the pendency (or duration while the appeal is being deliberated and decided upon) of an appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal.  

If a Party appeals, D’Youville University will as soon as practicable notify the other Party in writing of the appeal, however the time for appeal shall be offered equitably to all Parties and shall not be extended for any Party solely because the other Party filed an appeal.  

Appeals by a Student Party 

Student Appeals will be decided by the Vice President for Student Affairs who will convene two other trained panelists. These panelists who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or decisionmaker in the same matter.  

Appealing as a Non-union Institution Employee Respondent: 

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 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.  

Appealing as an Institution Employee Represented by a Union Respondent: 

If the impacted party 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.   

Appealing as Institution Employee holding a position at the level of Vice President or higher Respondent: 

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. 

The outcome of the appeal will be provided in writing simultaneously to both Parties and include rationale for the decision. The determination of the Appeal Decision-making Body is final.

D'Youville University will ensure that the following individuals receive training related to their duties under Title IX promptly upon hiring or change of position that alters their duties, and annually thereafter. This training must not rely on sex stereotypes. 

All Employees: 

• Obligation to address sex discrimination in the education program or activity. 
• Scope of conduct that constitutes sex discrimination under Title IX, including sex-based harassment. 
• Applicable notification and information requirements. 

Investigators, Decisionmakers, and Other Responsible Persons: 

• All training required for employees. 
• Obligations under Title IX grievance procedures. 
• How to serve impartially, avoiding prejudgment, conflicts of interest, and bias. 
• Meaning and application of “relevant” in relation to questions and evidence, including impermissible evidence types. 

Facilitators of Informal Resolution Processes: 

• All training required for employees. 
• Rules and practices of the informal resolution process. 
• How to serve impartially, avoiding conflicts of interest and bias. 

Title IX Coordinator and Designees: 

• All training required for employees, investigators, decisionmakers, and facilitators. 
• Specific responsibilities under Title IX. 
• Recordkeeping system requirements and compliance coordination.