Title IX Compliance
Title IX of the Education Amendment of 1972 protects people from discrimination on the basis of sex in educational programs and activities at institutions of learning that receive federal financial assistance. St. Bernard’s School of Theology and Ministry is committed to providing a safe environment free from discrimination on the basis of sex. The school will make resources available to students, faculty and staff members to educate and address concerns relating to discrimination on the basis of sex including sexual harassment, misconduct and assault.
Our Controller/Human Resources staff member, serves as the Title IX Coordinator and assists in carrying out investigations, compliance-related duties and reporting. You can reach Controller/Human Resources staff member by clicking Contact.
When should I contact the Title IX Coordinator?
Contact the coordinator if you
· have encountered Have encountered sex discrimination or sexual misconduct or assault;
· Know of a situation that may warrant an investigation by the school;
· Need help in handling a situation that indirectly may have affected you;
· Seek guidance on informal ways to resolve or alleviate a difficult situation; or
· Have questions regarding the school’s policies and procedures.
Conversations with the coordinator will be kept as confidential as possible but information about incidents of sexual misconduct may be shared with relevant administrators if there is need for appropriate action for the safety of the community.
In compliance with New York State Education Law 129-B, St. Bernard’s School of Theology and Ministry offers the following information/guidance:
Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
a. 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.
b. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
c. Consent may be initially given but withdrawn at any time.
d. Consent cannot be given when a 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.
e. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
f. When consent is withdrawn or can no longer be given, sexual activity must stop.
Alcohol and/or Drug Use Amnesty
The health and safety of every student at St. Bernard’s School of Theology and Ministry is of utmost importance. St. Bernard’s School of Theology and Ministry recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. St. Bernard’s School of Theology and Ministry strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to St. Bernard’s School of Theology and Ministry’s officials or law enforcement will not be subject to St. Bernard’s School of Theology and Ministry’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
Students’ Bill of Rights
All students have the right to:
1. Make a report to local law enforcement and/or state police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. 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;
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
6. 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;
7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
8. Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an advisor 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;
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.
Response to Reports
St. Bernard’s School of Theology and Ministry advises all students of their rights in reporting as defined by Section 6444 of NYS Education Law 129-B and the provisions of the Clery Act, 20 U.S.C. 1092.
A complete listing of these rights can be viewed in the New York State Title IX Compliance Guidance Document.