Nina Gray
![Nina Nguyen](/sites/default/files/styles/width_144/public/2021-11/20211012_nina_nguyen_750x500.jpg?h=b939560f&itok=kko4FyDF)
Title IX of the Education Amendments Act of 1972 was the first comprehensive federal law to prohibit sex discrimination against students and employees of educational institutions.
"No person in the U.S. shall, on the basis of sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal aid."
On April 19th, 2024, the U.S. Department of Education amended the Title IX Regulations which will provide significant changes from the 2020 (current) regulations. These new regulations will take effect August 1, 2024.* The University will update the campus community of new changes to the policy forthcoming. For a summary of major provision changes, please check out the U.S. Dept. of Education's website: https://www2.ed.gov/about/offices/list/ocr/docs/t9-final-rule-summary.pdf
*These regulations are not retroactive. Misconduct reported to have taken place prior to August 1, 2024 will still be adjudicated under the 2020 rules.
Title IX benefits all community members, and is at the heart of efforts to create gender equitable schools. The law requires educational institutions to maintain policies, practices and programs that do not discriminate against anyone based on sex. Title IX states:
"No person in the U.S. shall, on the basis of sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal aid."
Examples of the types of conduct that violates Title IX include, but are not limited to:
To enforce Title IX, the U.S. Department of Education maintains an Office for Civil Rights, with headquarters in Washington, DC and 12 offices across the United States.
SOURCE: U.S. Department of Education, Office for Civil Rights. Title IX and Sex Discrimination
Any Utica University community member who has been the victim of sex-based harassment or sexual misconduct has the right to make a report to the University, local law enforcement, and/or the state police, or choose not to report. If reported to the University under this policy, a reporting individual will be protected from retaliation and will receive appropriate assistance and resources from Utica University. Please see the Students’ Bill of Rights for cases involving sexual assault, domestic violence, dating violence, or stalking.
All members of the Utica University community have a number of resources available to discuss sex-based harassment or sexual misconduct concerns or questions. Individuals who have experienced sex-based harassment or sexual misconduct are encouraged to seek support for their physical and emotional needs.
A student seeking confidential emotional or medical care may contact the following:
The health and counseling services noted above are available to Utica University students free of charge.
An employee seeking confidential emotional support may contact the University’s employee assistance program, ENI, at 1-800-EAP-CALL (1-800-327-2255).
These resources afford students and employees the opportunity to discuss a concern or situation and the available options. These resources also offer the opportunity to gain information about the University’s formal complaint procedures under this policy. Reports made to these resources will not be reported to other University officials in any personally identifiable manner (reports made to some of these individuals may result in a report to University officials that an incident occurred, but will not result in the reporting of any personally identifiable information), and, as a result, any individual making a report solely to such confidential resources should not expect action to be taken by the University against any alleged perpetrator. Similarly, if a victim discloses actions constituting a violation of this policy through public awareness events, such as “Take Back the Night” or other event or forum, Utica University is not obligated to begin an investigation. Utica University may, however, use the information to inform the need for additional education and prevention efforts.
Confidential reports of any form of sexual misconduct can also be made to off-campus resources, including:
In addition to the resources listed above, Utica University shares a Memorandum of Understanding (MOU) with Mohawk Valley Health System, located in Utica, NY. This MOU ensures that any member of the University community who is a victim of sexual assault will have access to a sexual assault examination by a sexual assault nurse examiner or through a physician referral to a sexual assault nurse examiner.
When an individual shares information with a confidential resource (on or off campus) as a confidential communication in the course of a protected relationship, the confidential resource cannot disclose the information (including information about whether an individual has received services) to any third party without the individual's written permission or unless permitted or required consistent with ethical or legal obligations. Accordingly, a report to a confidential resource is not a report to the University and will not result in an investigation or disciplinary action.
Any person having a complaint of sex-based harassment or sexual misconduct is encouraged to make a report to any one of the following non-confidential resources, who are considered "Responsible Administrators" for purposes of this policy:
Faculty, staff, students and contracted staff in Utica University’s ABSN programs, or any other programs that exist in other physical Utica University locations, may also make a report to the site’s assigned Success Coach. Success Coaches are also non-confidential resources who have been trained to engage the appropriate parties in order to assist others in reporting an incident.
Emergency access to the Title IX Coordinator is made available through contact with the Office of Campus Safety.
These individuals have been trained to receive and respond to allegations of violations of this policy. Complaints can be made to any of the Responsible Administrators by those who have been the victim of a violation of this policy or by a third party on a victim’s behalf. In addition to the named Responsible Administrators, all employees, with the exception of the limited number of confidential employees, are required to report incidents of sex-based harassment or sexual misconduct or provide contact information of a Title IX Coordinator and how to make a complaint. Unless a report is made to a confidential resource, one cannot be assured of confidentiality.
All persons covered by this policy have the right to involve state and/or local law enforcement in matters of sexual harassment or sexual misconduct. Following is contact information for those resources:
A reporting party who is not satisfied with the attempts to resolve the sexual harassment or sexual misconduct may seek resolution through other sources, such as the New York State Division of Human Rights, the Equal Employment Opportunity Commission, the Office for Civil Rights, or the U.S. Department of Education.
Victim Resources Downloadable Pamphlet
Utica University is committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in University programs, activities, and employment. All victims/survivors regardless of race, creed, color, sex, pregnancy, ethnic or national origin, religion, marital status, age, sexual orientation, gender identity, gender expression, veteran status, disability, citizenship status, genetic predisposition, domestic violence victim status, or protected status under applicable local, state, or federal law, have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad:
All individuals have the right to:
Members of Utica University who have complaints of sex-based harassment or sexual misconduct by anyone at this University, including any
...as well as:
....are encouraged to report such conduct to the Title IX Coordinator or the Office of Campus Safety. If the conduct is reported to the Office of Campus Safety, the Title IX Coordinator will be notified so that they may tap the appropriate people to open an investigation.
If you have trouble accessing or printing this form, please contact Nina Gray, Title IX Coordinator, at (315) 792-3012 or nngray@utica.edu.
If this is a matter of safety, please contact the Office of Campus Safety immediately at (315) 792-3046 or dial 611 from on-campus landlines.
There are a number of individuals who have key roles and responsibilities throughout the reporting, investigatory and adjudication processes. These individuals are required to be free from conflicts of interest or bias for, or against, reporting parties and responding parties.
Utica University’s Title IX Coordinator is responsible for receiving reports of sex discrimination, including sex-based harassment and sexual misconduct. Reports to the Title IX Coordinator may be made at any time (including non-business hours) by phone, e-mail, or regular mail. If a report is determined to meet the definition of a potential violation of this policy, the Title IX Coordinator will be responsible for overseeing the investigatory process and for providing all required disclosures and notifications to the reporting and responding parties. The Title IX Coordinator will also communicate any supportive measures to reporting and responding parties. All of this will be done in a prompt and fair manner.
The Title IX Coordinator works with others at Utica University to make sure policies and procedures are updated and communicated as needed.
Utica University’s Title IX Coordinator is:
Nina Gray, Human Resources Generalist/Title IX Coordinator
Phone Number: (315) 792-3012
Email Address: nngray@utica.edu
Office Location: 124 White Hall (Utica University Main Campus – 1600 Burrstone Road, Utica, NY, 13502)
Utica University also has Deputy Title IX Coordinators who are able to coordinate investigations in the absence of the Title IX Coordinator, or who are available to coordinate cases that involve employees. The Deputy Title IX Coordinators are:
Dave Fontaine, Director of Athletics and Physical Education
Phone Number: (315) 792-3050
Email Address: dsfontai@utica.edu
Office Location: Clark Athletic Center (Utica University Main Campus – 1600 Burrstone Road, Utica, NY 13502)
Marissa Hall, Executive Director of Student Living
Phone Number: (315) 792-3285
Email Address: mmhall1@utica.edu
Office Location: 206 Ralph F. Strebel Student Center – 1600 Burrstone Road, Utica, NY 13502)
Lauryn Moore, Associate Dean of Students & Campus Engagement
Phone Number: (315) 223-2598
Email Address: lamoore@utica.edu
Office Location: 206 Ralph F. Strebel Student Center – 1600 Burrstone Road, Utica, NY 13502)
Title IX investigators are Utica University employees who are trained to conduct fair and comprehensive investigations into complaints of sexual harassment and sexual misconduct. These individuals receive training specific to conducting impartial investigations with fairness to both parties, and are also trained in trauma-informed practices. Title IX investigators are assigned to investigate reports made to the Title IX Coordinator. They gather as much evidence as possible and prepare a report of that evidence to the Title IX Coordinator, who then provides it to the decision-maker (see below).
The decision-maker is a Utica University employee who is responsible for reading investigatory reports provided by the Title IX Coordinator, convening a live hearing when necessary, managing the live hearing process, and determining whether the responding party is responsible for alleged violations and, if applicable, appropriate sanctions, based on all of the information provided. Decision-makers receive specific training to prepare them for this responsibility.
For cases involving students, the decision-maker is either the Director of Student Conduct and Community Standards or another party designated by the University. For cases involving employees, the decision-maker is the Human Resources Generalist/Title IX Coordinator. In employee cases, the Human Resources Generalist/Title IX Coordinator will NOT serve as the case Title IX Coordinator. In those cases, a Deputy Title IX Coordinator will coordinate the investigatory process.
The reporting party and responding party have the opportunity to select someone to be with them throughout the investigatory and hearing processes. This individual, called the “advisor of choice” or “advisor”, may or may not be an attorney. In cases where a student does not have access to an advisor, the University will provide an advisor of the University’s choice. The advisor will be copied on correspondence that is presented throughout the investigatory process. The advisor will also have the ability to cross-examine the other party and any witnesses during live hearings, as long as the cross-examination questions are determined to be relevant by the decision-maker and otherwise comply with the requirements of this policy as described below. The advisor will be copied on communications related to determination of the hearing process, and any associated disciplinary action.
Responsible administrators are officials at Utica University with the authority to institute corrective measures on the University’s behalf. This includes:
When a report of sex-based harassment or sexual misconduct is made to a responsible administrator, the University’s responsibility to respond to the report is triggered.
After a determination is made, or if a complaint or specific allegations in a complaint is/are dismissed as described below, the reporting party and responding party both have the right to appeal the outcome and associated disciplinary decision (or the dismissal). The appeals board of Utica University is comprised of three individuals who are trained in this responsibility, who will hear appeals and determine whether or not the matter needs to be reviewed as a result of one or more of the following: (1) there is a procedural irregularity that affected the determination or dismissal; (2) there is newly discovered information that could affect the determination or dismissal; (3) Title IX personnel had a conflict of interest, or bias against complainants or respondents generally or the complainant or responding party in the case, that affected the determination or dismissal; or (4) a sanction is inconsistent with the severity of the violation or otherwise inappropriate. The appeals board will issue their decision on the appeal in writing to both the reporting and responding party within three business days after making their decision.
Utica University’s Title IX Coordinator is responsible for receiving reports of sex discrimination, including sexual harassment and sexual misconduct. Reports to the Title IX Coordinator may be made at any time (including non-business hours) by phone, e-mail, or regular mail. If a report is determined to meet the definition of a potential Title IX violation, the Title IX Coordinator will be responsible for overseeing the investigation. The Title IX Coordinator will also communicate any supportive measures to involved parties in a prompt and fair manner.
Nina Gray, Human Resources Generalist/Title IX Coordinator
(315) 792-3012
nngray@utica.edu
124 White Hall
Utica University also has Deputy Title IX Coordinators who are able to coordinate investigations in the absence of the Title IX Coordinator, or who are available to coordinate cases that involve employees.
David Fontaine, Director of Athletics and Physical Education
(315)792-3050 or dsfontai@utica.edu
Clark Athletic Center
Marissa Hall, Executive Director of Student Living
(315) 792-3285 or mmhall1@utica.edu
206 Ralph F. Strebel Student Center
Lauryn Moore, Associate Dean of Students & Campus Engagement
(315) 223-2598 or lamoore@utica.edu
206 Ralph F. Strebel Student Center
Members of the campus community who are trained to investigate acts of sex- and gender-based misconduct. Each investigator understands the importance of confidentiality, and will only share findings with the Title IX Coordinator and Deputy Title IX Coordinator(s).
The University prohibits the following behavior under circumstances in which a University interest is implicated (such as an impact on individuals as members of the University community). For the purpose of Community Standards Violations, the below conduct is prohibited even if the conduct occurs off-campus, outside the United States, if the complainant is not participating or seeking to participate in the University's education program or activity, or otherwise in circumstances over which the University does not have influence or control, including but not limited to during University academic breaks.
A "hostile environment" is created when the offensive behavior interferes with an individual's ability to participate in the University's programs (i.e., to work and to learn) when judged against a reasonable person standard. However, the University encourages individuals experiencing or witnessing offensive behavior to make a report as early as possible so as to have the situation corrected before it reaches the level of a hostile environment. Individuals with a concern need not worry about whether the behavior is sufficiently serious to constitute a hostile environment. The University reserves the right to remedy sex-based harassment pursuant to this policy even if the behavior in question does not rise to the level of legally recognized or actionable harassment.
The fact that a person was personally offended by a statement or incident does not alone constitute a violation of this policy. The determination as to whether this policy has been violated takes into account the totality of the circumstances as described above. In all instances, a key factor is whether the complained-of behavior occurred because based on gender, sexual orientation, gender identity or gender expression or was sexual in nature. If it did not or was not, the behavior is not regulated by this policy. However, even if the conduct is not sexual in nature or based upon on gender, sexual orientation, gender identity or gender expression and/or does not otherwise constitute prohibited conduct under this policy, the University may respond by providing individual and community support and resources to those who have been impacted.
The University also prohibits "quid pro quo" sex-based harassment, which means "this for that" harassment. It is a violation of this policy for any person to condition any benefit on submission to sexual activity. No person should believe that any other person -- no matter their position of authority -- has a right to require sexual activity in exchange for any benefit or advantage; they do not.
Utica University is committed to providing a learning and working environment in which all interpersonal relationships are based upon respect and dignity. Therefore, in accordance with Title IX of the Education Amendments Act of 1972 (Title IX), the Clery Act, the Violence Against Women Act, and New York Education Law Article 129-B, Utica University will not tolerate sex-based harassment or sexual misconduct, which are forms of discrimination on the basis of sex, that include any of the following when they impact or have the potential to impact the educational or employment environment of any members of the University community: sex-based harassment; harassment based on gender identity, gender expression, or transgender status; sexual assault; domestic or dating violence; or stalking.
Utica University does not discriminate on the basis of race, color, national origin, sex, disability, religion, age, veteran status, gender identity, marital status, sexual orientation, gender expression or any characteristic protected by law, in its educational programs and activities, admissions, or employment, as required by Title IX of the Educational Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964 and other applicable laws and Utica University policies.
Title IX provides that:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Although Title IX prohibits sex discrimination campus-wide, it has been defined to apply to intercollegiate athletics in three specific areas: Participation, Scholarships and Treatment of Existing Athletes and Programs. Title IX compliance requires equity as that term has been defined under the law in each of these three areas. Utica University believes that all students have a right to participate in an athletic program free of discrimination, including sex- and gender-based misconduct and retaliation. Utica University believes in the educational value of intercollegiate athletics and as such offers competitive NCAA Division III athletic programs with core conference membership in the Empire 8.
Participation in intercollegiate athletics is a privilege and as such, those who participate agree to abide by the rules and regulations set forth by the NCAA, Empire 8, other affiliate Conferences, and Utica University. Please refer to the Utica University Student Handbook and the Utica University Student-Athlete handbook for more information.
Participation
Title IX provides three separate avenues for compliance in relation to the accommodation of interests and abilities portion of Title IX. Students who wish to compete on a varsity sport that is not currently offered at Utica University may file a petition to gain varsity status for that sport. Petitions will be reviewed annually. In general, factors considered shall include overall program, gender equity, student interest and ability and the availability of regional competition.
Athletic Scholarships
For Utica University, this area is not applicable due to the University’s NCAA DIII affiliation.
Treatment
Title IX expects athletics programs to treat its male and female student athletes equally with regard to the following areas:
a. The provision of equipment and supplies;
b. Scheduling of games and practice time;
c. Travel and per diem allowance;
d. Opportunity to receive coaching and academic tutoring;
e. Assignment and compensation of coaches and tutors;
f. Provision of locker rooms, practice and competitive facilities;
g. Provision of medial and training facilities and services;
h. Provision of housing and dining facilities and services;
i. Publicity;
j. Recruitment.
Equity in this area means that there is equality when assessing how men as compared to women are treated in the aggregate. For example, men and women that play the same sport would not necessarily receive the same benefits but that an equitable number of men and women across the programs are treated alike. Also, because sports differ, they may for example require different gear, medical attention, and the assignment of an unequal number of coaches. Accordingly, given the unique features surrounding sports, Utica University believes that student athletes should be treated equally.
No matter the source of the funds used to support student athlete activities and treatment (e.g., fund-raised, donated, contractually-secured), Utica University will treat student athletes equitably in support of their participation.
The following document outlines the appeals policy and process for Title IX complaints.
Appeals Policy as stated in Utica University’s Sexual Harassment and Sexual Misconduct Policy https://www.utica.edu/policies/policies.cfm?id=145
In all cases (except when a vendor, visitor, or other non-community member does not have a right to appeal), either party may appeal (1) the decision-maker’s decision; and/or (2) the University’s dismissal of a complaint or any allegations therein by filing an appeal within three (3) business days of the decision or dismissal. Where the responding party is a student, the appeal will go to an appeals panel comprised of three individuals from the University community who are appointed to serve as an appeals board. Where the responding party is a faculty member, the appeal should be made to the Provost. Where the responding party is a staff member, the appeal should be made to the staff member’s area vice president.
The grounds for appeal are limited to the following:
In the event that an appeal is submitted, both parties will be notified. Sanctions remain in place pending the outcome of the appeal, unless the Director of Student Conduct and Community Standards, or the appropriate decision maker, decides otherwise.
The individual or body considering an appeal may take any of the following actions:
The appeal decision will be provided to both parties in writing, at or about the same time, and will be final, except to the extent that one or more parties seek review of proceedings ordered on remand.
Appeals Process for Students
Supportive Measures are non-disciplinary, non-punitive measures that can be put in place for a person involved (either as a reporting party or a responding party) in a case involving sex-based harassment or sexual misconduct. These measures are offered free of charge and can be accessed either by making a request to the Title IX Coordinator, or the Title IX Coordinator may put them in place. They are designed to restore or preserve equal access and ensure the safety of all involved parties. Examples of supportive measures include, but are not limited to:
and other similar measures.
To learn more about supportive measures, please contact Nina Gray, Title IX Coordinator, at (315) 792-3012 or nngray@utica.edu.
Workplace Harassment Complaint Form
In compliance with New York State law, Utica University provides for the following notifications concerning workplace sexual harassment. The following does not replace -- and is instead in addition to -- the University’s Sexual Harassment, Gender-Based Harassment, and Sexual Misconduct Policy.
Sexual harassment is defined in the Sexual Harassment, Gender-Based Harassment, and Sexual Misconduct Policy, which also sets forth the University’s procedures for reporting, investigating and adjudicating complaints of sex-based harassment.
The University’s policies addressing sexual harassment apply to all employees. They also apply to individuals who are not employees of the University but are employees of contractors, subcontractors, vendors, consultants, and other persons who provide services in the University’s workplace, such as interns and temporary employees.
Sex-based harassment is a form of employee misconduct. A University employee who is experiencing sex-based harassment or suspects that another employee is being harassed may contact his/her/their supervisor or department head, the Office of Human Resources, or a Responsible Administrator listed in the Sexual Harassment, Gender-Based Harassment, and Sexual Misconduct Policy. A University supervisor or manager who receives a complaint or information about workplace sex-based harassment is required to take appropriate action. Appropriate action may include immediately intervening if harassment is witnessed by the supervisor or manager, and in all instances includes reporting the situation to the Office of Human Resources or to the Title IX Coordinator. In addition to being subject to discipline if they themselves engage in sex discrimination, sexually harassing conduct, or retaliation, persons with supervisory authority over other University employees will be subject to discipline for knowingly allowing sex-based harassment to continue. A reporting form is provided as an attachment to this policy that employees may use, if they wish, to submit a report of workplace sex-based harassment.
Utica University reserves the right to take action to correct -- including to discipline -- behaviors that violate the University’s professional conduct expectations even if the conduct does not violate the law. Therefore, not all situations that violate University policy will constitute a violation of the law or allow for a legal remedy. The agencies listed below enforce laws prohibiting sex-based harassment. An individual who has experienced workplace harassment may file a complaint with the University only, may file a complaint with an enforcement agency in addition to filing with the University, or may file only with an enforcement agency.
The New York State Division of Human Rights (DHR) enforces the Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., which prohibits sexual harassment in employment in New York State, and protects employees, and other individuals working in an employer’s workplace. A complaint alleging a violation of the Human Rights Law may be filed either with DHR, subject to a one year statute of limitations, or in New York State Supreme Court, subject to a three year statute of limitations.
The DHR will investigate the complaint to determine if unlawful harassment occurred and if the circumstances amount to a violation of the law. If unlawful discrimination is found after a hearing, the DHR or the court may award relief, which varies, but may include requiring the employer to take action to stop the harassment, or redress the damage caused, including reversing an unlawful employment action, paying monetary damages, attorneys’ fees and civil fines. Complaining internally to the University does not extend your time to file with DHR or in court. You do not need an attorney to file a complaint with DHR and there is no cost to file with DHR.
DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458, (718) 741-8400 www.dhr.ny.gov. The DHR can be contacted at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form and contact information for DHR’s regional offices across New York State.
The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An employee must file a complaint with the EEOC within 300 days from the conduct giving rise to the complaint. The EEOC also investigates complaints, but does not hold hearings or award relief. The EEOC may take other action including pursuing cases in federal court on behalf of complaining parties, or issuing a Right to Sue Letter that allows an individual to pursue his/her claims in federal court. Federal courts may award remedies if discrimination is found to have occurred.
The EEOC can be contacted by calling 1-800-669-4000 (1-800-669-6820 (TTY)), or visiting their website at www.eeoc.gov or via email at info@eeoc.gov. If an individual files an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the individual’s right to proceed in federal court.
There may be additional applicable laws, including local laws, or agencies that address the topics covered by this policy. If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. An employee who believes that a crime has been committed, or who employee believes he/she/they is/are in physical danger, is/are urged to file a report with the local police department immediately.
Individuals are reminded that no one who in good-faith makes a complaint of sex-based harassment or participates in an investigation into sex-based harassment -- whether an internal University process or an external enforcement agency process -- may be retaliated against. Retaliation is against Utica University policy and it is against the law.
Founded in 2010 to honor the memory of Yeardley Love, One Love’s mission is to end relationship abuse by educating young people about healthy and unhealthy relationship behaviors and empowering them to be leaders driving change in their communities.
Barriers to Reporting Sexual Violence in LGBTQ Communities
Rape, Abuse & Incest National Network (RAINN)
How Conversations about Consent Cast out Queer Relationships
Golden Gate XPress
For a general list of frequently used logins, you can also visit our logins page.