{"id":1486,"date":"2025-01-17T17:00:36","date_gmt":"2025-01-17T22:00:36","guid":{"rendered":"https:\/\/www.rochester.edu\/sexualmisconduct\/?page_id=1486"},"modified":"2026-09-02T17:12:23","modified_gmt":"2026-09-02T21:12:23","slug":"faqs","status":"publish","type":"page","link":"https:\/\/www.rochester.edu\/sexualmisconduct\/title-ix-explained\/faqs\/","title":{"rendered":"Frequently Asked Questions"},"content":{"rendered":"","protected":false},"excerpt":{"rendered":"","protected":false},"author":26,"featured_media":0,"parent":836,"menu_order":4,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-1486","page","type-page","status-publish","hentry"],"acf":{"lead_in":"","display_title":"","subtitle":"
The person initiating sexual activity cannot point to their own intoxication by drugs or alcohol as an excuse for not getting consent. In other words, the initiator must get consent even if they are under the influence of drugs and\/or alcohol.<\/p>\r\n<\/li>\r\n<\/ul>","accordion_anchor":""},{"acf_fc_layout":"accordion","accordion_title":"Education Program or Activity","icon":"","row_content":"Academic, extracurricular, research, occupational training or other Education Program or Activity operated by the University in the United States. Conduct that occurs within the University\u2019s Education Program or Activity includes, but is not limited to: locations, events or circumstances over which the University exercised substantial control over the Respondent and the context in which the Sexual Harassment occurred and any building owned or controlled by the University and\/or by a student organization that is officially recognized by the University.","accordion_anchor":""},{"acf_fc_layout":"accordion","accordion_title":"Formal Complaint","icon":"","row_content":"A document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent(s) and requesting that the University investigate the allegations. A document filed by a Complainant is a document or electronic submission (email or online form) that contains the Complainant\u2019s physical or digital signature, or otherwise indicates that the Complainant is the person filing the Formal Complaint.\u00a0 At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the Education Program or Activity of the University.","accordion_anchor":"formalcomplaint"},{"acf_fc_layout":"accordion","accordion_title":"Notice of Allegations and Investigation","icon":"","row_content":"A written notice to the Parties commencing the Grievance Process. The Notice of Allegations signals the start of an investigation and both parties\u00a0will be notified in writing of the charge(s), the approximate date, time, and location of the alleged incident, the nature of the conduct, and the alleged university policies to have been violated.","accordion_anchor":"noa"},{"acf_fc_layout":"accordion","accordion_title":"Advisor","icon":"","row_content":"A person chosen by a party or appointed by the University to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct questioning for the party at the hearing, if any.","accordion_anchor":"advisor"},{"acf_fc_layout":"accordion","accordion_title":"Preponderance of Evidence","icon":"","row_content":"The \u201cmore likely than not\u201d Standard of Evidence used to resolve Formal Complaints through the Grievance Process.","accordion_anchor":"preponderanceofevidence"},{"acf_fc_layout":"accordion","accordion_title":"Hearing","icon":"","row_content":"A process that involves real-time, remote appearances by the Parties and Witnesses before a Decision-maker, during which the Decision-maker and Parties\u2019 Advisors will be given the opportunity to pose questions seeking Relevant, Admissible evidence and information.","accordion_anchor":"hearing"},{"acf_fc_layout":"accordion","accordion_title":"Decision-maker","icon":"","row_content":"A person or persons designated to conduct a Hearing pursuant to the University's Title IX Policy, to make findings of fact by a Preponderance of the Evidence, to apply the applicable provisions of the Policy to the factual findings to decide whether or not a violation of the Policy has or has not occurred, to determine disciplinary Sanctions and Remedies when a violation has occurred, and\/or to decide Appeals.\r\n\r\nDecision-makers may or may not be Employees of the University or other trained individuals external to the University.\u00a0 Decision-makers are trained on all topics required for this role by the Title IX regulations, including the definition of Sexual Harassment, the scope of the University\u2019s Education Programs and Activities, the University\u2019s obligation to respond to Sexual Harassment in its Education Program or Activity, the University\u2019s Grievance Process, Relevance, Admissible Evidence, how to conduct Hearings and Appeals (as applicable and including technology used for a Hearing), and how to serve impartially, including by avoiding prejudgment of the facts, conflicts of interest, and bias.","accordion_anchor":"decisionmaker"},{"acf_fc_layout":"accordion","accordion_title":"Sanctions and Remedies","icon":"","row_content":"In the event of a finding that the\u00a0Respondent<\/a>\u00a0violated the\u00a0Title IX Policy<\/a>\u00a0and\/or another University policy, the\u00a0Decision-maker<\/a>\u00a0will determine the appropriate sanctions and\/or remedies. In determining sanctions and\/or remedies, the Decision-maker may request that the Title IX Coordinator provide information about findings of prior misconduct and\/or policy violations in the Respondent\u2019s student conduct file or personnel file.\r\n\r\nMore than one of the sanctions listed below may be imposed for any single violation. Certain sanctions also require transcript notations. Some sanctions that may be imposed following a determination of responsibility for a violation of the Title IX Policy<\/a>:\r\n a. Residential Life Staff (RAs, GHAs)<\/p>\r\nb. All student employees with responsibility for teaching or advising (TAs)","accordion_anchor":"mandatoryreporter"}]},{"acf_fc_layout":"accordion_new","anchor_id":"","classes":"","title":"Student Sanctions:<\/h5>\r\n
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Employee Sanctions:<\/h5>\r\n
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Resolution Processes<\/strong><\/h3>","description":"Below is a general overview of resolution options; however, you can find specific information regarding the University resolution processes by reviewing University Policies on Title IX and Sexual Misconduct<\/a>.<\/em>","background":"plain","background_color":"#ffffff","style":"row_blank","expand":"yes","accordions":[{"acf_fc_layout":"accordion","accordion_title":"Criminal Justice Process","icon":"","row_content":"A criminal investigation undertaken by the police seeks to determine whether an individual violated New York State Penal Code and if so, could result in arrest and\/or criminal charges. An individual who is found guilty of such a crime following a police investigation, criminal prosecution, and trial in New York State courts may result in imprisonment, fines, requiring adults convicted of certain crimes to register as sex offenders, and\/or a criminal record.\r\n\r\nWhether a Respondent<\/a> is charged with a violation of criminal law or found responsible in a criminal justice system is irrelevant to a determination of whether prohibited conduct<\/a> as defined in the University Title IX Policy has or has not occurred.","accordion_anchor":"criminalinvestigation"},{"acf_fc_layout":"accordion","accordion_title":"Formal Grievance Process","icon":"","row_content":"Under Title IX, schools are required to offer prompt and equitable grievance processes designed to resolve complaints of prohibited behavior as defined in the University Title IX Policy<\/a>. When the Title IX Office receives a Formal Complaint<\/a> alleging conduct that could constitute sexual harassment, the Title IX Coordinator may initiate a Grievance Process to investigate the allegations. The process is grounded in a presumption that a Respondent<\/a> is not responsible unless and until a determination of responsibility at the conclusion of the Grievance Process. The University is committed to providing adequate, reliable, and impartial investigations with multiple opportunities for the Parties<\/a> to participate, conducted by <\/span><\/span>Civil Rights Investigators. The Parties have equal opportunities to submit evidence and information.<\/span><\/span>\r\n\r\nThe\u00a0Hearing<\/a> is when a Decision-maker<\/a> makes findings of fact and determinations regarding responsibility. To do so, the <\/span><\/span>Decision-maker uses\u00a0the preponderance of evidence<\/a> standard. The Decision-maker will issue a <\/span><\/span>written decision to each Party and their Advisor<\/a>, which will include a determination whether or not the conduct found <\/a><\/span><\/span>to have occurred violates the Policy; and if applicable, the relevant disciplinary sanction(s) and\/or remedies<\/a>. <\/span><\/span><\/span><\/span>The written determination becomes final only after the time period to file an appeal has expired or after the appeal determination has been sent to the Parties.\r\n\r\nThe University strives to complete each process as efficiently as possible in accordance with nondiscriminatory practices<\/span><\/span>, without sacrificing <\/span><\/span>thoroughness and fairness in such important matters. In general, Formal Complaints are resolved either through a Hearing Process or Informal Resolution.<\/span><\/span><\/span><\/span>","accordion_anchor":"formalprocess"},{"acf_fc_layout":"accordion","accordion_title":"Informal Resolution Process","icon":"","row_content":"In circumstances deemed appropriate by the Title IX Coordinator, the Parties<\/a> may be offered the option to participate in an Informal Resolution process to resolve a Formal Complaint<\/a>. Participating in an Informal Resolution process is voluntary and allows the Parties and the University to engage in discussions in an attempt to come to an agreement to resolve a Formal Complaint without a full investigation and\/or Hearing.\r\n
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Complainant FAQs<\/h3>","description":"","background":"plain","background_color":"#ffffff","style":"row_blank","expand":"yes","accordions":[{"acf_fc_layout":"accordion","accordion_title":"How can the Title IX Office help me?","icon":"","row_content":"The Title IX Office can help you:\r\n
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Student Sanctions:<\/h5>\r\n
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Employee Sanctions:<\/h5>\r\n
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Respondent FAQs<\/h3>","description":"","background":"plain","background_color":"#ffffff","style":"row_blank","expand":"yes","accordions":[{"acf_fc_layout":"accordion","accordion_title":"Am I innocent until proven guilty?","icon":"","row_content":"A Respondent<\/a> is presumed not responsible for the alleged misconduct until a determination is made at the conclusion of the grievance process. The University applies the preponderance of evidence<\/a> standard to matters falling under University Policy.","accordion_anchor":""},{"acf_fc_layout":"accordion","accordion_title":"How can the Title IX Office help me?","icon":"","row_content":"The Title IX Office is here to answer any questions you have about the grievance process<\/a> and to assist with any supportive measures you may need (including academic flexibility requests or requesting a housing assignment change).","accordion_anchor":""},{"acf_fc_layout":"accordion","accordion_title":"Who will know that I've been accused of sexual misconduct?","icon":"","row_content":"The Title IX Office will only share information about you on a need-to-know basis or with your permission. This may include:\r\n
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Student Sanctions:<\/h5>\r\n
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Employee Sanctions:<\/h5>\r\n
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