Scope and Jurisdiction: Sexual and Related Misconduct Policy

The Sexual and Related Misconduct Policy and Procedures for the Fordham University Community (“Policy and Procedures”) explains: (i) options for reporting sexual and related misconduct (on- and off-campus); (ii) the University’s process and procedures for responding to reports of prohibited conduct under this policy (including its fair and equitable process for conducting investigations and reaching resolutions); and (iii) the rights and options available to community members under the Policy and Procedures. For additional information on resources available to students, you may refer to the student brochure entitled Campus Assault and Relationship Education (CARE). For additional information on resources available to faculty, staff, and administrators, you may access the Employee Assistance Program (EAP) at: https://www.fordham.edu/human-resources/benefits/health-benefits/. Local 810 members should contact their union to access EAP benefits.

Impact of the May 2020 Regulations Contained in Title IX of the Education Amendments of 1972. In recent years, colleges and universities have used the term “Title IX process” as an informal way to describe an institution’s response to all reports of sex- and gender-based discrimination. However, those “Title IX processes” represented the institution’s response to reports as dictated by: (1) policies created by the institution; (2) New York State Education Law Articles 129-A and 129-B; (3) the Clery Act; (4) Title IX of the Education Amendments of 1972; and/or (5) other federal, state, or local laws. Under the U.S. Department of Education's May 2020 regulations, Title IX of the Education Amendments of 1972 is now narrower in scope and reduces the types of prohibited conduct it covers. Nevertheless, the University will continue to 7 address prohibited conduct that is no longer covered by that law. This position is consistent with the University’s commitment to addressing all sex- and gender-based discrimination that has a continuing effect on campus.

Covered Conduct. The Policy and Procedures applies to conduct by all students, faculty, staff, and administrators taking place on campus or at Fordham University sponsored programs, activities, or events, including study abroad programs and academic, learning, and service programs located at off-campus sites. This policy also covers any conduct by students, faculty, staff, or administrators that has a continuing effect on campus or has a continuing effect on an off-campus education program, activity, or event sponsored by the University.

The Policy and Procedures applies regardless of race, color, national origin, religion, creed, age, ability, sex, gender, gender identity, gender expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, criminal conviction, or any other protected class recognized under federal, state, or local law.

The portions of the Policy and Procedures pertaining to Title IX of the Education Amendments of 1972 only apply to conduct occurring on or after August 14, 2020. Conduct occurring prior to August 14, 2020, will be investigated and adjudicated using: (1) the definitions in effect at the time of the conduct; and (2) the procedures for conduct falling outside the scope of Title IX of the Education Amendments of 1972 that are in effect at the time the investigation and/or adjudication take place.

Enforcement of Provisions Pertaining to Title IX of the Education Amendments of 1972. Should any portion of Title IX of the Education Amendments of 1972 be stayed, held invalid by a court of law, withdrawn, deemed unenforceable, or in any other way modified to not require the application of the Title IX grievance process or definitions, the relevant portion(s) of the Policy and Procedures, and the affected elements of it, will be deemed revoked as of the publication date of the opinion, order, decision, guidance, or other communication. To the extent permissible, if a matter is not complete as of the date of the opinion, order publication, or communication, the Title IX grievance process shall be investigated and adjudicated under the University’s existing investigation and adjudication process for conduct that does not fall under Title IX of the Education Amendments of 1972.