tama 2018 ee se vor =) “This stoinform you that the University Conduct Board will hear the student conduct/TitleIX complaint filed against you by Syracuse University. The hearing has been scheduled for Wednesday, May 9, 2018,at Syracuse, New York 13244, Because thismatter involves violations of the Code of Student Conduct basedon gender-related harassment, the matter ts governed by the rules set forth Ia Past 10 of the Student Conduct System Handbook (“Handbook”), whieh can be found at the Office of Student Rights and Responstbilties website « studentconduct-sye.edu, Putsuant to Rule 10.19 of the Handbook, aUniversity Conduct Board will render a decision on all Code of Student Conduct vidlations that have boen charged. 1 encourage you to review the Handbook prior to the hearing. ‘The complaint alleges violations of the following section(s) of the Code of Student Canduct: ‘Section 2) Physical harm or threat of physical harm to any person or persons, including, but not limited tor assault, sexuatabuse.or other forms.of physical abuse, Section 2) Harassment - whether physical, verbal or electronic, oral written or video - whichis beyond the bounds of protected free speech, directed at a specificindividual(s), easily construed as “fighting words," orlikely to cause an immediate breach of thepeace. Section 3) Conduct - whether physical, verbal or electronic, oral, written or video ~ which threatens the mentalhealth, physical health, orsafety of any personsincluding, but not limited tohazing, dtug or aleohol abuse, bullying or other forms of destructive behavior. Section 10) llegaluse, possession, purchase, distribution, manufacture or sale of alcohol, drugs, ‘or controlled substances, orany other violation of the Syracuse University Policy on Alcohol, Other Drugs, and Tobacco.Section 15) Violation of University policies, rules or regulations that are published in the Student Handbook, or other official University publications or agreements: Syracuse University Office of Fraternity and Sotority Affairs Policy © Sexual Abuse and Harassment: Chapters willnottolerate-or condone any form of sexist or sexually abusiva behavior on the part of its members, whether physical, mental or emotional, Thisistoincludeany actions, activities or events, whether on chapter premises or an off-site location “which are demeaning to women or men, Including but not limited to verbal harassment, sexval assault by Individuals or membersacting together. ‘Syracuse University Antl-Harassment Policy © Prohibited Harassment: Members of the Sycacuss University community are prohibited from engaging in Harassment, Harassment s defined at the University as unwelcome conduct or speech directed at anindividval or ‘group of individuals, basedon a Protected Category, whichis so severe or pervasive thatit unreasonably interferes with an individual's work performance, termsof employment, educational program participation.ocit creates an intimidating, hostile, or offensive enviconment for study, work, or social living. To qualify as Harassment under this policy, the speech or conduct mustbe both viewed by the istener(s) as Harassment,and be objectively severe or pervasive enough that areasonable person would agtec that thespeech or conduct constitutes harassment-In determining whether reported speech or conduct qualfiesas Harassment under this policy the University will consider alleiccumstances surrounding the reported incident(s), including. without limitation, the frequency, location, severity, context, and nature oF thespeach orconduct, including whether the speech or conduct Is physically threatening or humiliating, rather thana mere offensive remark, The University willalso consider the intent ofthe speaker(s) ‘Syracuse University Sexual Harassment, Abuse and Assault Prevention Palicy © Sexual Harassment: Syracuse University defines sexvatharassment as unwelcome behavior of a sexual nature that relates to the gender or sexual identity of anindividual and that has the purpose or effect of creating an intimidating, offensive or hostile enviconment for study, worker social fving,The courtshave recognized two forms of sexual harassment claims under Title Vilof the Civil enviconment” claims. ights Act of 1964:“quid pro que” claims and “hostile The “quid pro quo” claim (literally “this for that") iavolves harassment in which a supervisory employee or academic supecior demands sexual favors in exchange for job or academic benefits over which that supervisor has some control or influence. The “hostile work environment” claim involves, ‘unwelcome behavior of a sexual nature that creates an intimidating or hostile environment. Thisstandard prohibits not only behavior intended to ‘create hostile enviconment, but also behavior that has the reasonably forecceable offact of interfering with an individual's work, academic performance, orsocialtiving. Anyone who contslbutes to the creation ofa “hostile workenvironment™ may beheld able forsexualharassment, Including the employer or its agents, if they knew of or reasonably should have known ofthe harassing condlilons, Sexual harassment conduct that focuses ona person's sexuality andor gender, rather than on that person's contributions, as a student or cemplayee,to the University. Itencompasses the fll range of coercive, unwelcome behavior, rom subtle psychological free, to grass physical abuse, Thesa actsmay be visual (og, leering, ogling, and physical gestures conveying. sexual meaning), verbal (eg, sexual Innuendoes, suggestive somarks, sexvally derogatory jokes), written (eg, sexually suggestivee- ail, cartoons or letters).or physical (e.g, hugging, pinching or Fondling). Sexvatharassment may encompass acts of sexual vlolence, including rape, sexual assault, sexual battery, and sexual coercion, Sexual harasementalzo Includes requests for sexual relations combined with threats of adverse consequences ifthe person refuses. Conductalleged to be sexual harassment willbe evaluated by considering the totality of the particular circumstances, including thenatur, frequency, intensity, location, context, and duration of the questioned behavior. Repeated incidents ora pattern of harassing behavior may be cause for serious corrective action, However, amore seriousincident, even ifisolated, may besulficent cause for action under ths policy.More spacitically, this complaint arises from events on or about March 30, 2018, at the Theta Tau fraternity house, when itis alleged that you participated in the creation, direction, depiction, filming and/or dissemination of a production depicting sexually explicit activity demeaning to women, the physically and developmentally disabled, and certain racial and ethnic groups. The University Conduet System seeks a constructive resolution to this dispute. The primary purpose of the University Conduct System is ta educate and protect all members of the University community. The purpose of the hearing s to provide tha opportunity For the complainant and respondent students topresentallcelevant information and other evidence with regard to alleged violations of the Code of Student Conduct, Sanctions, IFlmposed, are meant tostop the prohibited conduct, prevent it from happening agaln, and to address the impact on the University community. ‘The University Conduct Board will determina whether itis more likely than not that you violated University policy, by applying a preponderance of the evidence standard, The University Conduct Board will review the investigative report and accompanying materials. The University Conduct Board also has the discretion to conduct addittonal witness interviews or gather additional information atthe hearing, The complainantand respondents willbe invited to speak to the University Conduct Board, but no panty Isrequired to attend the hearing. No party will be permitted to crossvexamine the other party. If you wish to presentt any Information to the Board directly, please Inform Erle Nestor via emallat emnestor@syriedu by May 8, 2018 at 8:30.a.m, Ifyou are unable to participate in person, we canarrange or you to partiipatavlaphane ar Skype. IF youwishto participate via phone, please email Eric Nestor via email at emnestor@syceds by May 8, 2018 at 8:30 am, Toensure timely and equal access to allinformation, there willbe a single hearing forall 16 respondents identifiedin the investigative reportin this matter, and all 16 willbe permitted to cemainin the hearing «00m for the duration ofthe hearing. The hearing will commence witha presentationby theprimary investigator from the Departmentof Public Safety, and then each respondent who provides the ‘appropriate advance notice that they wish to speak willbe permitted to speek to the University Conduct Board. The three-member Board will hen determine, by 8 preponderance of the evidence, whether the Individual respondents are responsible for violatlng University policies. Inthe event any respondents are found responsible for violating University policies, the University Conduct Board will consider impactstatements from those respondents prior to determining the appropriate sanctions, Respondents may submit,ina sealed envelope, an impact statement tothe Board advior at the hearing. The advisor will only transmit the impact statements to the Boacd for those respondents who are found responsible, ifany. The advisor will securely dispose of those impact statements for respondents who are found not responsible, iFany. Youmay be advisedin this matter by an advisor of your choice during the hearing, including, without Fimitation,an attorney. As set forth in Part 10.11 of the Handbook, advisors, Including attorneys, may FEprovide advice to you, bur may not write your statements or otherwise present your case foryou. Aa advisor may provide advice te you during the hearing in a manner that isnot disruptive to the proceedings, but may not otherwise participate. Should you choosa to obtaln a Syracuse University trained advisor, please contact the Office of Student Assistance via telephone at 315.443.4357, Please be advised that the Office of Student Rights and Responsibilities strongly recommends you initiate this process immediately to ensure the maximum amount of assistance possible, Ifyoubeliove that youneed accommodations for adisabillty, please contact the Office of Disability Services, located in Room 309 of 804 University Avenue, of call 315.443.4498 For an appointment to discuss your needs and the process for requesting accommodations before your hearing date, The Office of Disability Services isresponsible for coordinating dlsabllty-related accommodations and will, ‘sua students with documented Disabillties Accommodation Authorization Letters, ss appropriate. ‘Sines accommodations may requira early planning and are rot provided retroactively, plaase contact the Office of Disability Services as soonas possible. ‘Additionally, per section 10.15 of the Handbook, youare invited to participate ina pre-hearing meeting toreview the hearing process. Please contact the Office of Student Rights and Responsibilitiesat 315.443.3728 if you would like to schedule an appotntment prior tothehearing. tfyouhave an advisor assisting you with the conduct process, your advisor may attend the pre-hearingmeetingas well ‘Should youhave any questions regarding this process, please contact this offlce at 315.443.3728, 8 7, Eric M. Nestor Associate Director CC: Senor Associate Vico President for the Student Experlence and Dean of Students: Tile IX Coordinator Office of Student Assistance Department of Public Safety