Office of Gender Equity: Title IX Reporting

Main Image for Title IX Reporting
Photo by Peter Aaron

New York State ensures that all students have the right to:

  • Make a report to local law enforcement and/or state police
  • Have disclosures of domestic violence, dating violence, stalking, and sexual assault taken seriously
  • Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution
  • Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard
  • Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available
  • Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed or should have acted in a different manner to avoid such crimes or violations
  • Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident
  • Be protected against retaliation by the College, any student, the accused and/ or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the College
  • Access to at least one level of appeal of a determination
  • Be accompanied by an adviser of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process, including during all meetings and hearings related to such process
  • Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.

Additionally, you have the right to:

  • Be treated with respect, dignity, and sensitivity throughout the process.
  • Privacy under the Family Educational Rights and Privacy Act (FERPA). 
    The College will make all reasonable effort to ensure the preservation of privacy, restricting information to those with a legitimate need to know. For more on FERPA, click here.
  • Knowledge of your Title IX rights how to access all available resources (i.e. counseling services, advocacy/support).
    The Title IX Coordinator, Shoshana Gray (titleix@bard.edu or 845-758-7542), is available to assist with exploring reporting options and accessing support resources. 
  • Be informed of the College's gender-based misconduct policies and procedures for students and employees.
    For more information on the College's Policies, please click here. Please know that our policies are currently under review and revision.
  • Be notified of an individual's right to file a complaint and be provided assistance in the process of institutional and/or criminal reporting.
  • Be notified of options for contact restrictions.
    For more information on No-Contact orders, please click here.
  • Assistance with academic or housing accommodations.
    Shoshana Gray (845-758-7542 or titleix@bard.edu) is available to assist with academic and housing accommodations during regular business hours.  If an incident occurs after hours or on the weekend and  there is an immediate concern of safety, contact Safety & Security, www.bard.edu/security, at 845-758-7777 and ask for either BRAVE or the Administrator on Duty for assistance with immediate housing accommodations.
  • Timely written notice of all alleged violations with the complaint, including the nature of the violation and possible sanctions.
  • A prompt and thorough investigation of the allegations.
    When an investigation is opened the Office for Gender Equity ensures that the investigation process is fair and impartial and that both parties, the complainant (the party that makes the complaint) and the respondent (the person about whom the complaint is made) receive due process.
  • An adviser for support through the investigation and/or appeal process.
    Both parties have the right to a Title IX adviser, of their choice, to be present during all institutional investigatory processes. 
  • Participate or decline to participate in the investigation process. However, an investigation may still occur and decisions made based on the information available.
    In cases where an individual refuses to participate in the investigation process, and the College determines there is reasonable information to support a policy may have been violated and the complaint should be pursued, an investigation will occur. We may be limited in our ability to respond, however determinations will be made based on the information that is gathered and available through the fact-finding procedures of the investigation.
  • Have College policies and procedures followed without material deviation.
    For more information on College policies, click here.
  • Petition that any member of the investigation team be removed on the basis of bias.
    The investigation procedures will be conducted by individuals who receive annual training on issues related to gender-based misconduct, trauma-informed response, and processes that are equitable, protect the safety of all participants, and promote accountability. You have the right to request any member of the investigation team presenting concerns of bias be removed from the investigation process.
  • An outcome based solely on evidence presented during the conduct process. 
    Such evidence shall be credible, relevant, based in fact, and without prejudice.
  • Not have irrelevant prior sexual history admitted as evidence in a campus investigation.
  • Be notified, in writing, of the investigation outcome, including the outcome to any appeal and any sanctions that apply.
  • Appeal the decision and sanctions determined by the investigation.
    An eligible appeal must satisfy at least one of the following conditions:  (i) there is evidence of procedural or material error; (ii) there is substantial new evidence; (iii) the sanctions fall outside an appropriate range for the severity of the violations.
  • Understand that information collected in this process may be subpoenaed in criminal or civil proceedings.
  • Be informed in advance, when possible, of any public release of information regarding the complaint.
  • Be protected against retaliation based on involvement in an investigation.

Notifying Campus Authorities

Complaint Process: When a student, or any other member of the College community, believes that they have been discriminated against, harassed, sexually harassed, retaliated against or been the victim of a sexual offense by a member of the community (including faculty, staff, and students), the complainant should notify the Title IX administrator at 845-758-7542 or titleix@bard.edu. All members of the College community have an obligation to make sure that complaints about discrimination, harassment, sexual harassment, or retaliation are directed to the Title IX administrator for investigation and evaluation.

Complaints should be filed as soon as possible after the date of the alleged misconduct. Complaints should be made in writing. Accommodations can be made in circumstances where this is not possible. The accused will be notified of the substance of the complaint and the identity of the individual submitting the complaint.

Confidentiality: The College has an independent obligation to investigate potential misconduct, even if a complainant does not want to initiate an official process. Therefore, absolute confidentiality cannot be promised with respect to a complaint of discrimination, harassment, sexual harassment, sexual misconduct or retaliation, when reported to institutional offices outside of BRAVE and the Counseling Center. The College wishes, however, to create an environment in which legitimate complaints are encouraged, while also protecting the privacy of all involved in an investigation. Complaints about violations of these policies will therefore be handled in strict confidence, with facts made available only to those who need to know in order for the College to promptly and thoroughly investigate and resolve the matter.

External Remedies: Members of the Bard College community are always subject to local, state, and federal laws, and nothing in these procedures is intended to limit or postpone the right of an individual to file a complaint or charge with appropriate federal, state, or local departments or agencies. An individual is not required to ensue the complaint resolution procedure before pursuing other remedies, and should not be discouraged from or punished for pursuing whatever remedy they choose.