FAQ

• Title IX of the Educational Amendments Act of 1972 (as codified in the new regulations in 2024), requires employees to report
• NYS Education Law 129-B (Enough is Enough) requires all institutional representatives to report so that students can be advised of their rights and options
• UUP Collective Bargaining Agreement (Side Letter, Appendix A5) has requirements similar to Title IX and the Federal Clery Act

Under TIX (106.44(c)) you are obligated to notify the Title IX Coordinator when you have information about conduct that reasonably may constitute sex discrimination under Title IX. This includes:

• Dating Violence - violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim(s). The existence of such a relationship shall be determined based on the reporting party’s(ies) statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. People may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence. 
• Domestic Violence - any felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim, by a person sharing a child with the victim, by a person cohabitating or who has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. 
• Stalking - means engaging in a course of conduct (two or more acts, including, but not limited to, acts in which the stalker directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property) 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.
• Sexual Assault - a physical sexual act or acts committed against another person without affirmative consent. Sexual assault is an extreme form of sexual harassment. Sexual assault includes what is commonly known as “rape” (including what is commonly called “date rape” and “acquaintance rape”), fondling, statutory rape and incest. For statutory rape, the age of consent is 17 years old in New York state. 
• Quid Pro Quo Harassment - occurs when an employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient’s education program or activity explicitly or impliedly conditions 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 recipient’s education program or activity (creates a hostile environment). 
• Sex-based Harassment - discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions (childbirth, termination, lactation, related medical conditions, recovery therefrom), sexual orientation, and gender identity.
  
  If you are not sure if an incident meets the threshold for reporting obligations, please consult with the Title IX Office for further assistance. 

For any emergency, contact University Police at 607-777-2222.
Non-emergency reports can be made by contacting the Title IX Office via phone, email, or in person. If known, the following must be reported: involved students’ names, date of incident, location, and a description of what was shared with you.

Dr. Andrew Baker - Senior Compliance Officer & Title IX Coordinator
607-777-2486
abaker@binghamton.edu
AD 217B

Katy Perry - Deputy Title IX Coordinator
607-777-3214
cperry@binghamton.edu 
AD 214

Completing a CARE Team referral also fulfills your reporting obligation. 

When someone shares their experience with you, it is a sign of trust. Responding transparently by letting them know what to expect next is crucial in preserving that trust. We have included some helpful language to explain your role as a private resource at the link below.
https://www.binghamton.edu/services/title-ix/reporting/helpful-language.html 

All reports made to the Title IX Office are taken seriously. Requirements and protections under federal law (Title IX and the Violence Against Women Act), state law (NYS 129-B “Enough is Enough”), and university policies require specific actions be taken in response to reports of alleged sex-based discrimination and harassment received by the University. 

When reports are received that involve students, the usual process includes: 

• A record is started with the CARE Team
• Reporting individuals are sent written outreach that outlines their rights and options and invites them for a personal meeting with an advocate
• It is the reporting individual’s choice of how or if to respond to this outreach. We try to determine the reporting individual’s desired actions without influencing their decision
• Active cases are reviewed weekly at the Title IX Executive Committee

When reports are received that involve employees, the usual process includes:

• The Title IX Office coordinates with Human Resources
• Reporting individuals are sent written outreach that outlines their rights and options
• It is the reporting individual’s choice of how or if to respond to this outreach. We try to determine the reporting individual’s desired actions without influencing their decision
• Active cases are reviewed weekly at the Title IX/Diversity, Equity and Inclusion/HR meeting

If you experience sex-based harassment or interpersonal violence, please know that there are many resources available at the University to help you navigate your options. If you personally experience sex-based harassment or discrimination, it is your choice whether or not to report these experiences to the University, even if you otherwise would be required to do so due to the nature of your role as an employee. 

If you would like to explore confidential resources available to employees, please contact the Employee Assistance Program (EAP) or the Ombudsman’s Office. 

The majority of university employees are considered private, not confidential, resources and are obligated to report instances of sex-based harassment or discrimination to the Title IX Coordinator. If you are unsure if you are a confidential employee under Title IX, please contact the Title IX Office. Specific exceptions for confidential employees are listed below (per §106.2): 

Confidential employee means:
(1) An employee of a recipient whose communications are privileged or confidential under Federal or State law. The employee’s confidential status, for purposes of this part, 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 a recipient whom the recipient has designated as confidential under this part for the purpose of providing services to persons related to sex discrimination. Designated confidential employees will be informed of their confidential status. 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 discrimination in connection with providing those services; or

(3) An employee of a postsecondary institution who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination—but the employee’s confidential status is only with respect to information received while conducting the study.

Although confidential resources are not required to report to the Title IX Coordinator, they are required by Title IX (§106.44(d)) to notify reporting individuals of their status as a confidential resource, share the contact information for the Title IX Coordinator, and explain that the Title IX Coordinator’s role includes offering and coordinating supportive measures, as well as initiating an informal resolution process or an investigation under the university’s grievance procedures.

You are not required to report disclosures of pregnancy/related conditions to the Title IX Office. However, if a student (or a person who has the legal right to act on behalf of the student) shares that they are pregnant or experiencing a related condition, you are obligated to promptly provide that person with the Title IX Coordinator’s contact information and inform them that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to the recipient’s education program or activity. For more information on the reasonable modification process and resources available to pregnant/parenting students, please visit our webpage on pregnant/parenting information.

We encourage you to contact us if you have any questions about this notice. 

Additionally, our office can provide presentations to departments, teams, clubs, organizations, etc., and would be happy to design training to meet your specific needs. For further information about presentation requests, please visit our presentations webpage.