Title IX prohibits discrimination on the basis of sex in any educational program or activity that receives federal financial assistance. 20 U.S.C. § 1681(a).
Women and men are entitled to equal access under Title IX.
Consistent with the requirements of Title IX, Buffalo State's policies prohibit discrimination on the basis of gender.
Buffalo State receives federal financial assistance in many forms, including grants from federal agencies for faculty research. Failing to comply with Title IX or other federal civil rights requirements may result in the termination of all or part of a university's federal funding, including awards for faculty research.
Educational institutions are required to provide women and men in all disciplines, including science, technology, engineering and mathematics, comparable resources, support, and promotional opportunities.
Title IX's protection is not limited to women, but protects the rights of both women and men. Title IX requires that males and females receive fair and equal treatment in all areas of education, including athletics.
Equal opportunities for admission, recruitment, course participation, scholarships and other forms of financial aid, and athletic offerings.
Prohibitions against sexual harassment, gender-based harassment and other forms of discrimination based on sex.
Assistance and redress from victims of stalking, sexual assault and sexual violence.
Stalking is the unwanted, repeated pursuit of one individual by another.
Sexual violence refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent due to the victim's use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered under Title IX.
- 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 is incapacitated, which 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.
In accordance with Title IX regulations, the college has designated Lisa Morrison-Fronckowiak, Interim Chief Diversity Officer, as Buffalo State's Title IX coordinator. She is responsible for monitoring compliance with these regulations. Questions regarding Title IX, as well as concerns and complaints of non-compliance, may be directed to her. She is also responsible for receiving complaints of sexual harassment, including sexual assault, sexual violence or other sexual misconduct, against Buffalo State students.
If you are a student who believes you have been or are the victim of sexual harassment, including sexual assault, sexual violence or other sexual misconduct, by another Buffalo State student, you may report such conduct or file a complaint under Title IX to the Dean of Students Office.
Consistent with New York State Education Law 129-B and policies of The State University of New York, Buffalo State College participated in the 2019 University-wide Biennial SUNY Uniform Campus Climate Survey (also referred to as The Sexual Violence Prevalence Survey) and hereafter referred to as the “survey.” The survey gathered information about student and employee experience with sexual and interpersonal violence and knowledge of policies and resources.
1,073 students and 576 employees completed the survey, for response rates of thirteen (12.9) percent and thirty-four (34.0) percent, respectively.
According to the survey results, thirty-six (36) percent of female students, nine (9) percent of male students, and fifty (50) percent of gender non-binary students reported they experienced sexual harassment in the prior year. Eighteen (18) percent of female students, four (4) percent of male students, and none of gender non-binary students reported being subjected to sexual assault in the prior year. Seventy-nine (79) percent of students indicated familiarity with affirmative consent, fifty-one (51) percent indicated that they knew where to report, and nineteen (19) percent could identify the Title IX Coordinator.
Buffalo State College, working with SUNY and community colleagues (including students, faculty, and staff), will use the data to improve and further develop education and prevention programs, and will continue to study the issue. The next Climate Survey will be administered in the Spring Semester of 2021. More information about the Survey is available at https://www.suny.edu/climatesurvey/.
For more information about Title IX efforts at Buffalo State, please contact Lisa Morrison-Fronckowiak, Interim Chief Diversity Officer and Title IX Coordinator at morrislt@buffalostate.edu or by calling (716) 878-6210
No, this may be one of the most widely held misconceptions about Title IX. Athletics are not the only component of academic life governed by Title IX. Other areas that fall within the scope of Title IX include:
Title IX also prohibits sexual harassment, which includes sexual assault and sexual violence.
Yes, Title IX creates parity in athletics, as well as other educational opportunities and experiences for men and women. Title IX does not require schools to cut men's athletic programs. Each school determines how it will comply with Title IX regulations.
No, while Title IX protects the rights of women, Title IX also serves to protect the rights of men. Title IX requires that males and females receive fair and equal treatment in all areas of education.
No, Title IX specifically allows for, or has been interpreted to allow for, single-sex programs in a number of categories. Included among those are: religious schools, traditional men's/women's colleges, social fraternities/sororities, youth service organizations such as, the Boy/Girl Scouts of America, and beauty pageants.
Yes, the under-representation of women in science, medicine, and engineering may violate Title IX. Educational institutions are required to provide women in these disciplines resources, support, and promotional opportunities comparable to their male colleagues.
Yes, the U.S. Supreme Court has broadened the interpretation of Title IX to protect from retaliation whistle-blowers who accuse educational institutions of sex discrimination. The court opines that reporting incidents of discrimination is integral to Title IX enforcement and would be discouraged if retaliation against those who report it goes unpunished.
Failure to comply with Title IX can include the termination of all or part of a university's federal funding. This includes grants, subsidies, and other program funds from the federal government. In addition to the loss of federal funds, universities may be sued by those seeking redress for violations of Title IX. It is essential that institutions receiving federal financial assistance operate in a nondiscriminatory manner. To ensure the compliance with the law, adherence to Title IX regulations is everyone's responsibility.
The United States Department of Education's Office for Civil Rights (OCR) is in charge of enforcing Title IX. Information about OCR can be found at ed.gov/about/offices/list/ocr/index.html.
If you are a student who believes you have been subjected to sexual harassment by college faculty or staff; or any other form of gender discrimination under Title IX, you may report such misconduct or file a formal complaint with the Title IX Coordinator. Complaints must be submitted in writing not more than 90 days after the incident(s) in question. For good cause and at the Title IX Coordinator's discretion, the 90 day requirement may be waived.
If you are a student who believes you have been or are the victim of sexual harassment, including sexual assault, sexual violence or other sexual misconduct, by another Buffalo State student, you may report such conduct or file a complaint under Title IX to the Dean of Students Office.
If you are an employee who believes you have been subjected to discrimination under Title IX, including sexual harassment, and wish to file a complaint under Title IX, you can do so with the Title IX coordinator in the Equity and Campus Diversity Office. Complaints must be submitted in writing not more than 90 days after the incident(s) in question. For good cause and at the Title IX coordinator's discretion, the 90-day-requirement may be waived.
Federal and state laws prohibit the taking of retaliatory measures against any individual who files a complaint in good faith.
Sexual harassment is prohibited under the college's general policy on discrimination and harassment, the policy on sexual harassment, and the Code of Student Rights, Freedoms, and Responsibilities.
Retaliation against anyone who raises concerns of harassment or discrimination is a violation of law and Buffalo State policy.
Any member of the university community who becomes aware of possible sexual harassment or sexual assault of students should promptly contact the Title IX coordinator to discuss the matter.
In particular, Buffalo State employees who have supervisory, administrative, and instructional or advising responsibilities must notify the Title IX coordinator immediately about matters of possible sexual assault or sexual harassment.
Notice to Victims of Sexual Assault
Please see the recently added interactive form that provides quality assurance to individuals who report a sexual assault.
A Note on Privacy and Confidentiality
All Buffalo State resources listed on this page are committed to preserving a student's privacy. In certain situations, though, some information might need to be shared with other departments in order to assist the student, to provide for his or her safety, and/or provide for the safety of the campus community. The exceptions are that the Counseling Center and Weigel Health Center can provide a higher level of confidentiality to students seeking their services.
If you have questions about confidentiality and privacy, please contact any of these resources for further information:
Confidential medical care for students. (716) 878-6711
Information and Workshops
To discuss issues or concerns about harassment or discrimination under Title IX, contact the Equity and Campus Diversity Office. (716) 878-6210, Cleveland Hall 415.
We are also happy to speak with you about providing a presentation on Title IX issues and requirements to your department.
United States Department of Education Resources
Lisa Morrison-Fronckowiak , Title IX coordinator
Equity and Campus Diversity Office
Cleveland Hall 415
Buffalo, NY 14222
Phone: (716) 878-6210
Fax: (716) 878-6234
Email: eeoequity@buffalostate.edu or morrislt@buffalostate.edu
