{"@context":"https://schema.org","@type":"DigitalDocument","altText":"EXHIBIT(S) - 2 Cornell Policy 6.4","alternateName":"NYSCEF-case-4c779433507a-000005.pdf","caption":"NYSCEF document #5 | Filed: 2026-03-30 | Filed by: SASH, ALAN EDWARD Filed:  Received: | Docket status: Processed Confirmation Notice | Case: Jane Doe v. Cornell Univeristy (Tompkins County) | Source: NYSCEF","contentUrl":"https://lucycraig.blog/media/490/raw","datePublished":"2026-10-19T12:20:06+00:00","description":"NYSCEF document #5 | Filed: 2026-03-30 | Filed by: SASH, ALAN EDWARD Filed:  Received: | Docket status: Processed Confirmation Notice | Case: Jane Doe v. Cornell Univeristy (Tompkins County) | Source: NYSCEF","encodingFormat":"application/pdf","identifier":"490","isAccessibleForFree":true,"machineReadable":{"json":"https://lucycraig.blog/media/490/index.json","markdown":"https://lucycraig.blog/media/490/index.md"},"name":"EXHIBIT(S) - 2 Cornell Policy 6.4","ocrStatus":"ready","ocrText":"--- Page 1 ---\n+\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n \n \n \nProcedures for Resolution of Reports Against Students Under Cornell \nUniversity Policy 6.4 for the Following Acts of Prohibited Conduct: \n\u25cf \nAiding Prohibited Conduct; \n\u25cf \nAttempting to Commit Prohibited Conduct; \n\u25cf \nDating and Domestic Violence; \n\u25cf \nRetaliation; \n\u25cf \nSexual Assault; \n\u25cf \nSexual Exploitation; \n\u25cf \nSexual Harassment and Sex/Gender-Based Harassment; \n\u25cf \nStalking; and \n\u25cf \nViolating a Supportive Measure and/or Temporary Suspension \nThese procedures apply to all units of the University except for Weill Cornell Medicine, which \nwill administer Policy 6.4 under Weill Cornell Medicine procedures. \nCI2026-07229\nIndex # : EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 2 ---\n/\"\n8\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n2 \n \nTable of Contents \n1 \nDEFINITION OF FORMAL COMPLAINT AND REPORT ....................................................................... 4 \n2 \nDESIGNATION AS COMPLAINANT AND RESPONDENT .................................................................. 4 \n3 \nDEFINITIONS OF PROHIBITED CONDUCT ............................................................................................ 4 \n3.1 \nAiding Prohibited Conduct .................................................................................................................... 4 \n3.2 \nAttempting to Commit Prohibited Conduct ........................................................................................ 4 \n3.3 \nDating and Domestic Violence .............................................................................................................. 5 \n3.4 \nRetaliation .................................................................................................................................................. 5 \n3.5 \nSexual Assault ........................................................................................................................................... 5 \n3.6 \nSexual Exploitation ................................................................................................................................... 7 \n3.7 \nSexual and Sex/Gender-Based Harassment ......................................................................................... 7 \n3.8 \nStalking ...................................................................................................................................................... 8 \n3.9 \nViolating a Supportive Measure and/or Temporary Suspension .................................................... 8 \n4 \nEFFECTIVE DATE OF THESE PROCEDURES ........................................................................................... 8 \n5 \nDEFINITION OF STUDENT .......................................................................................................................... 9 \n6 \nJURISDICTION ................................................................................................................................................. 9 \n7 \nTIME LIMIT TO FILE FORMAL COMPLAINTS ....................................................................................... 9 \n8 \nCOMPUTATION OF DEADLINES ............................................................................................................. 10 \n9 \nTHE UNIVERSITY\u2019S RESPONSE TO A REPORT OF PROHIBITED CONDUCT ............................ 10 \n9.1 \nInitial Assessment .................................................................................................................................. 10 \n9.1.1 \nWhere the Complainant\u2019s Identity Is Known ........................................................................... 10 \n9.1.2 \nWhere the Complainant\u2019s Identity Is Unknown ...................................................................... 12 \n9.2 \nThe University\u2019s Actions Following an Initial Assessment ............................................................ 12 \n9.2.1 \nWhere the Complainant Seeks Resolution Under These Procedures ................................... 12 \n9.2.2 \nWhere the Complainant Requests That No Formal Complaint Be Pursued Under These \nProcedures ....................................................................................................................................... 12 \n9.2.3 \nUniversity Determination That the Complainant\u2019s Request(s) Can Be Honored .............. 13 \n9.2.4 \nUniversity Determination That the Complainant\u2019s Request(s) Cannot Be Honored ........ 13 \n10 \nNOTICE TO COMPLAINANT AND RESPONDENT OF UNIVERSITY ACTIONS ........................ 14 \n11 \nADVISORS AND SUPPORT PERSONS .................................................................................................... 14 \n12 \nWRITTEN SUBMISSIONS ........................................................................................................................... 15 \n13 \nPRESERVATION OF INFORMATION AND TANGIBLE MATERIAL .............................................. 15 \n14 \nOBLIGATION TO PROVIDE TRUTHFUL INFORMATION ................................................................ 16 \n15 \nDUTY TO COOPERATE ................................................................................................................................ 16 \n16 \nSUPPORTIVE MEASURES AND TEMPORARY SUSPENSIONS ........................................................ 16 \n16.1 \nOverview of Supportive Measures ...................................................................................................... 16 \n16.2 \nExamples of Supportive Measures ...................................................................................................... 17 \n16.3 \nIssuance of Supportive Measures ........................................................................................................ 17 \n16.4 \nAssistance with Orders of Protection .................................................................................................. 18 \n16.5 \nRequested Review of Title IX Coordinator\u2019s Decisions Regarding Supportive Measures ....... 18 \n16.6 \nTemporary Suspensions Pending Resolution ................................................................................... 19 \n16.7 \nReview of Temporary Suspensions ..................................................................................................... 19 \n17 \nPENDING CRIMINAL INVESTIGATIONS ............................................................................................. 20 \n18 \nNOTICE TO PARTIES UPON THE ISSUANCE OF A FORMAL COMPLAINT .............................. 20 \n19 \nPATHWAYS FOR RESOLUTION OF A FORMAL COMPLAINT ........................................................ 21 \n20 \nDETERMINATION OF HEARING PROCESS A OR HEARING PROCESS B AND WHETHER \nTITLE IX APPLIES .......................................................................................................................................... 21 \n21 \nTHE PARTIES\u2019 PARTICIPATION IN THE INVESTIGATION AND HEARING ............................. 22 \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 3 ---\n/\"\n8\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n3 \n \n21.1 \nDeclining to Participate in the Investigation ..................................................................................... 22 \n21.2 \nDeclining to Attend or Participate in the Hearing ............................................................................ 23 \n22 \nDISMISSAL OF A FORMAL COMPLAINT AND/OR DETERMINATION WHETHER TITLE IX \nAPPLIES ............................................................................................................................................................ 23 \n23 \nCONSOLIDATION OF REPORTS, FORMAL COMPLAINTS, AND HEARINGS UNDER THESE \nPROCEDURES ................................................................................................................................................. 24 \n24 \nINVESTIGATIONS OF A FORMAL COMPLAINT ................................................................................. 25 \n24.1 \nOverview of Investigations of a Formal Complaint ......................................................................... 25 \n24.2 \nTime Frame of and Time Limitations During the Investigation .................................................... 25 \n24.3 \nInvestigative Interview Process ........................................................................................................... 26 \n24.4 \nEvidentiary Materials ............................................................................................................................. 27 \n24.5 \nExpert Testimony and Materials .......................................................................................................... 27 \n24.6 \nEvidence to be Excluded or Redacted from the Record ................................................................... 27 \n24.7 \nDraft Investigative Record and the Parties\u2019 Review ......................................................................... 28 \n24.8 \nFinal Investigative Record and Investigative Report ....................................................................... 29 \n24.9 \nThreshold Determination by Investigator and Review by Hearing Panel ................................... 29 \n25 \nALTERNATE RESOLUTION OF A FORMAL COMPLAINT ................................................................ 30 \n25.1 \nRestorative (\u201cInformal\u201d) Resolution ................................................................................................... 32 \n25.2 \nNegotiated (\u201cFormal\u201d) Resolution ....................................................................................................... 32 \n26 \nHEARING, GENERALLY .............................................................................................................................. 32 \n26.1 \nOverview of Hearing Process ............................................................................................................... 32 \n26.2 \nPresumption of Non-Responsibility, Burden of Proof, and Standard of Proof .......................... 33 \n26.3 \nPositions of Hearing Panel and Hearing Chair ................................................................................. 33 \n26.4 \nNotice of Hearing ................................................................................................................................... 34 \n26.5 \nHearing Chair or Hearing Panel Member Conflict of Interest ....................................................... 34 \n26.6 \nRequest to Reschedule Hearing ........................................................................................................... 34 \n26.7 \nNewly Discovered Evidence ................................................................................................................. 35 \n26.8 \nPre-Hearing Submissions by the Parties ............................................................................................ 35 \n26.8.1 \nFirst Pre-Hearing Submission \u2013 Written Opening Statements and Witness Requests \n(Hearing Processes A and B) ........................................................................................................ 35 \n26.8.2 \nWritten Opening Statements ....................................................................................................... 35 \n26.8.3 \nWitness Requests ........................................................................................................................... 36 \n26.8.4 \nSecond Pre-Hearing Submission \u2013 Questions and Topics (Hearing Process B Only) ....... 37 \n26.9 \nImpact/Mitigation Statement ................................................................................................................ 37 \n26.10 Hearing Process and Format ................................................................................................................. 37 \n26.10.1 \nOverview of Hearing Process and Format ................................................................................. 37 \n26.10.2 \nTestimony and Cross-Examination ............................................................................................. 38 \n26.11 Closing Statements ................................................................................................................................. 40 \n26.12 Deliberations on Findings of Responsibility .................................................................................... 40 \n26.13 Deliberations on Sanctions and Remedies......................................................................................... 40 \n26.14 Hearing Panel Decision ......................................................................................................................... 42 \n26.15 Hearing Record ....................................................................................................................................... 42 \n27 \nAPPEAL OF A HEARING PANEL DECISION ......................................................................................... 43 \n28 \nREQUEST FOR A STAY PENDING APPEAL ........................................................................................... 45 \n29 \nTRANSCRIPT NOTATIONS AND WITHHOLDING DEGREES ........................................................ 45 \n30 \nRESTORING RESPONDENT\u2019S REPUTATION UPON A DISMISSAL OF A FORMAL \nCOMPLAINT ................................................................................................................................................... 46 \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 4 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n4 \n \n1 DEFINITION OF FORMAL COMPLAINT AND REPORT \nA \u201cFormal Complaint\u201d of prohibited conduct is a written document signed by a complainant alleging \nspecific prohibited conduct by a respondent and initiating the resolution process under the Procedures, \nor a similar written document signed by a university official on behalf of the university. A \u201creport\u201d of \nprohibited conduct differs from a Formal Complaint. A report occurs when the Title IX Coordinator \nbecomes aware of an alleged incident of prohibited conduct. \n2 DESIGNATION AS COMPLAINANT AND RESPONDENT \nA person who initiates a Formal Complaint of prohibited conduct under these procedures will be \ndesignated as a \u201cparty complainant\u201d or \u201ccomplainant.\u201d A student against whom such a report or Formal \nComplaint has been made will be designated as the \u201crespondent.\u201d Both the complainant and respondent \nare referred to as \u201cparty\u201d or \u201cparties\u201d throughout these procedures. \nA person who is the subject of a report and does not wish to initiate a Formal Complaint is called a \u201cnon- \nparty complainant\u201d when the Title IX Coordinator initiates a Formal Complaint on the University\u2019s behalf \n(See Section 9.2.2). During the investigation, adjudication, and appeal of the Formal Complaint, non-party \ncomplainants are treated as witnesses - not as parties - to the Formal Complaint, with limited exceptions. \nNon-party complainants may have an advisor and support person present at all meetings with the \nCornell Office of Civil Rights. Additionally, non-party complainants may submit impact/mitigation \nstatements prior to the Hearing (See Section 26.9). \nA non-party complainant will not be permitted to review the Investigative Report or Record, make pre- \nHearing submissions, observe the respondent or witnesses\u2019 testimony at the Hearing, pose follow-up \nquestions or have their advisor conduct cross-examination, or appeal the determination of the Hearing \nPanel. The agreement of a non-party complainant is not necessary to resolve a University Complaint via \nAlternate Resolution. \nSupportive Measures are available to all complainants, regardless of whether they initiate a Formal \nComplaint, and respondents in accordance with Section 16 of these Procedures (\u201cSupportive Measures \nand Temporary Suspensions\u201d). \n3 DEFINITIONS OF PROHIBITED CONDUCT \n3.1 Aiding Prohibited Conduct \nA person aids prohibited conduct if, with the intent to promote or facilitate such conduct, that person \nhelps another person commit the prohibited conduct. \n3.2 Attempting to Commit Prohibited Conduct \nA person attempts to commit prohibited conduct if, with the intent to commit such conduct, that person \nengages in conduct directly tending toward completion of the prohibited conduct. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 5 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n5 \n \n3.3 Dating and Domestic Violence \nDating and domestic violence is any intentional act or threatened act of violence against the complainant \ncommitted by (1) a person who is or has been in a social relationship of a romantic or intimate nature \nwith the complainant1; (2) a current or former spouse or intimate partner; (3) a person with whom the \ncomplainant shares a child; or (4) anyone who is considered a respondent under the domestic or family \nviolence laws of New York. \nDating and domestic violence also includes behavior that seeks to establish power and control over the \ncomplainant by causing the complainant to fear violence to themselves or another person. Such behavior \nmay take the form of harassment, property damage, intimidation, and violence or a threat of violence to \none\u2019s self (i.e., the respondent) or a third party. It may involve one act or an ongoing pattern of behavior. \n3.4 Retaliation \nRetaliation is adverse action taken against an individual with the purpose of interfering with an \nindividual\u2019s rights under these procedures, including for making a good faith report of prohibited \nconduct, for participating in an investigation, proceeding, or hearing, or for refusing to participate in an \ninvestigation, proceeding, or hearing under these procedures. Retaliation may include intimidation, \nthreats, coercion, discrimination, or adverse employment or educational actions. Retaliation may be \nfound even when an underlying report made in good faith was not substantiated. Retaliation may be \ncommitted by the respondent, the complainant, or any other individual or group of individuals. \nRetaliation does not include good faith actions pursued in response to a report of prohibited conduct. \n3.5 Sexual Assault \nSexual assault is (1) sexual intercourse or (2) sexual contact (3) without affirmative consent. \n1. Sexual intercourse: Sexual intercourse means any penetration, however slight, with any object or \nbody part, as follows: (a) penetration of the vulva by a penis, object, tongue, or finger; (b) anal \npenetration by a penis, object, tongue, or finger; and (c) any contact, no matter how slight, \nbetween the mouth of one person and the genitalia of another person. \n2. Sexual contact: Sexual contact means intentional sexual touching, however slight, with any object \nor body part, whether directly or through clothing, as follows: (a) intentional touching of the lips, \nbreasts, buttocks, groin, genitals, inner thigh, or anus or intentionally touching another with any \nof these body parts; (b) making another touch anyone or themselves with or on any of these body \nparts; and (c) intentional touching of another\u2019s body part for the purpose of sexual gratification, \narousal, humiliation, or degradation. \n3. Affirmative consent: Affirmative consent is a knowing, voluntary, and mutual decision among all \nparticipants to engage in sexual activity. Consent can be given by words or actions, as long as \nthose words or actions create clear permission regarding willingness to engage in the sexual \nactivity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition \nof consent does not vary based upon a participant's sex, sexual orientation, gender identity, or \ngender expression. \n \n1 Consistent with the Violence Against Women Act (VAWA), for reporting purposes under the Clery Act, the University will \nevaluate the existence of an intimate relationship based upon the complainant\u2019s statement, taking into consideration the length of \nthe relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 6 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n6 \n \nThe following are principles that apply to the above definition of affirmative consent: \n \n\u25cf \nConsent to any sexual act or prior consensual sexual activity does not necessarily constitute \nconsent to any other sexual act. \n\u25cf \nConsent is required regardless of whether the person initiating the act is under the influence of \ndrugs and/or alcohol. \n\u25cf \nConsent may be withdrawn at any time. \n\u25cf \nWhen affirmative consent is withdrawn or can no longer be given, sexual activity must stop. \n\u25cf \nA person is incapable of affirmative consent when they are: \no \nLess than seventeen years of age; \no \nMentally disabled (a person is mentally disabled when their normal cognitive, emotional, \nor behavioral functioning renders them incapable of appraising their conduct); or \no \nIncapacitated. \n\u25cf \nA person is incapacitated when they lack the ability to choose knowingly to participate in sexual \nactivity. \no \nA person is incapacitated when they are unconscious, asleep, involuntarily restrained, \nphysically helpless, or otherwise unable to provide consent. \no \nSomeone who is under the influence of alcohol, drugs, or other intoxicants may be \nincapacitated and therefore unable to consent depending on the level of intoxication. \no \nAffirmative consent cannot be gained by taking advantage of the incapacitation of \nanother. In evaluating responsibility in cases of alleged incapacitation, the fact finder \nasks two questions: (1) did the respondent know that the complainant was incapacitated? \nIf not, (2) should a sober, reasonable person in the respondent\u2019s situation have known \nthat the complainant was incapacitated? If the answer to either of these questions is \n\u201cyes,\u201d affirmative consent was absent. \no \nIf the fact finder determines based on a preponderance of the evidence that both parties \nwere incapacitated, the person who initiated the sexual activity alleged to be \nnonconsensual due to incapacity is at fault. \n\u25cf \nConsent cannot be given when it is the result of any coercion, intimidation, force, or threat of \nharm. \no \nExamples of coercion and intimidation include using physically or emotionally \nmanipulative conduct against the complainant or expressly or implicitly threatening the \ncomplainant or a third party with negative actions that would compel or induce a \nreasonable person in the complainant\u2019s situation to engage in the sexual activity at issue. \nExamples of sexual coercion include statements such as \u201cI will ruin your reputation,\u201d or \n\u201cI will tell everyone,\u201d or \u201cyour career (or education) at Cornell will be over\u201d or \u201cI will \npost an image of you naked.\u201d \no \nExamples of force or a threat of harm include using physical force or a threat, express or \nimplied, that would place a reasonable person in the complainant\u2019s situation in fear of \nphysical harm to, or kidnapping of, themselves or another person. \nSexual Assault can also be nonforcible sexual intercourse between persons who are related to each other \nwithin the degrees wherein marriage is prohibited by law. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 7 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n7 \n \n3.6 Sexual Exploitation \nSexual Exploitation is intentionally engaging in any of the following: \n\u2022 \nObserving another person when that person is nude or engaged in sexual activity without the \nknowledge and consent of the person observed or allowing another to observe consensual sexual \nactivity without the knowledge and consent of all parties involved; \n\u2022 \nMaking, sharing, posting, streaming or otherwise distributing any image, photography, video, or \naudio recording depicting or otherwise recording another person when that person is nude or \nengaged in sexual activity without the knowledge and consent of the person depicted or \nrecorded; \n\u2022 \nExposing one's genitals to another person without the consent of that person; \n\u2022 \nExposing another person to a sexually transmitted infection without the knowledge and consent \nof the person exposed; and \n\u2022 \nCausing another person to become incapacitated with the intent of making that person \nvulnerable to nonconsensual sexual assault or sexual exploitation. \n3.7 Sexual and Sex/Gender-Based Harassment \nSexual Harassment and Sex/Gender-Based Harassment is unwelcome conduct on the basis of sex \ndetermined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively \ndenies a person equal access to the University\u2019s education programs or activities. \n \nSuch conduct includes sexual advances, requests for sexual favors, or other unwanted conduct of a sexual \nnature, which may include acts of aggression, intimidation, or hostility, whether verbal, nonverbal, \ngraphic, physical, or otherwise. \nSex/Gender-Based Harassment is harassment based on sex, sexual orientation, gender identity, or gender \nexpression, which may include acts of aggression, intimidation, or hostility, whether verbal, nonverbal, \ngraphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature. \n \nIn evaluating whether a hostile environment exists, the University will consider the totality of known \ncircumstances, including, but not limited to: \n\u2022 \nThe frequency, nature, and severity of the conduct; \n\u2022 \nWhether submission to or rejection of such conduct was made, either explicitly or implicitly, a \nterm or condition of a person\u2019s participation in any University programs or activities; \n\u2022 \nWhether the conduct was physically threatening; \n\u2022 \nThe effect of the conduct on the complainant\u2019s mental or emotional state; \n\u2022 \nWhether the conduct was directed at more than one person; \n\u2022 \nWhether the conduct arose in the context of other discriminatory conduct; \n\u2022 \nWhether there is a power differential between the parties; and \n\u2022 \nWhether the conduct implicates concerns related to academic freedom or protected speech. \nBased on individual facts and circumstances the following may be examples of sexual and sex/gender- \nbased harassment: \n\u2022 \nDiscussing someone else\u2019s or one\u2019s own personal sexual fantasies, preferences or history; \n\u2022 \nUnwelcome touching of a person's body, including massaging; \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 8 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n8 \n \n\u2022 \nRepeatedly asking for a date from a person who has communicated they are not interested; \n\u2022 \nand/or creating a list that ranks a person\u2019s attractiveness or sexuality. \nThis list is not meant to be exhaustive, and whether these actions constitute sexual harassment may \ndepend on a number of factors around the context of the conduct, including the relationship between the \nparties. \n \nTypically, a single verbal comment will not be considered sufficiently \"severe.\u201d \nBecause of protections afforded by academic freedom, speech and other expression occurring in the \ncontext of instruction or research will not be considered sexual or sex/gender-based harassment unless \nthis speech or expression also meets one or both of the following criteria: \n\u2022 \nit is meant to be either abusive or humiliating toward a specific person or persons, or \n\u2022 \nit persists despite the reasonable objection of the person or persons targeted by the speech. \n3.8 Stalking \nStalking is engaging in a course of conduct directed at a specific person that would cause a reasonable \nperson to (a) fear for their safety or the safety of others or (b) suffer substantial emotional distress. \n\u2022 \nCourse of conduct means two or more acts, including but not limited to, acts in which the stalker \ndirectly, indirectly, or through third parties, by any action, method, device, or means, follows, \nmonitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a \nperson\u2019s property. \n\u2022 \nReasonable person means a reasonable person under similar circumstances and with similar \nidentities to the complainant.2 \n \n\u2022 \nSubstantial emotional distress means significant mental suffering or anguish that may, but does \nnot necessarily, require medical or other professional treatment or counseling. \n3.9 Violating a Supportive Measure and/or Temporary Suspension \nA person violates a Supportive Measure and/or Temporary Suspension if it is an order by a University \nofficial and the person to whom the order applies knowingly violates any of the conditions of the order. \nOne common example of an order by a University official is a \u201cno-contact\u201d order. Alleged violations of \nSupportive Measures and/or Temporary Suspensions issued under Policy 6.4 are subject to resolution \nunder these procedures. \n4 EFFECTIVE DATE OF THESE PROCEDURES \nThe effective date of these procedures is August 1, 2016. \n \nThe definitions of prohibited conduct in existence at the time of the alleged conduct will be used. \nHowever, the procedures in effect at the time a Formal Complaint is signed will be used to investigate \nand resolve the Formal Complaint, regardless of when the alleged conduct occurred. \n \n2 This definition is consistent with VAWA. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 9 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n9 \n \n5 DEFINITION OF STUDENT \nThe term \u201cstudent\u201d includes: Undergraduate, graduate, medical, veterinary, and professional students \nupon their commencement of attendance, defined as the earliest of: the first day of the term for which \nthey were admitted; their first day residing in a university residence hall; the first day of a university- \nsponsored pre-orientation trip, activity, or academic program for which they are participating; or on the \nfirst day of a graduate assistantship for the first semester/term for which they were admitted. A student\u2019s \nstatus ends when a student withdraws or is withdrawn from the University, is dismissed (expelled) from \nthe University, or they graduate. Individuals participating in non-credit bearing programs or who attend \nclass(es) on a non-credit basis, and individuals who attend class(es) at the University on a for-credit basis \nwhile still an elementary, middle, or high school student, or foreign equivalent, are not students for the \npurposes of these procedures.3 \n6 JURISDICTION \nThese procedures will apply to alleged prohibited conduct by a student on any campus of the University, \non any other property or facility used by it for educational purposes, or on property owned or controlled \nby a University-related residential organization, student organization, sorority, or fraternity that is \nofficially recognized by or registered with the University. 4 \nAll actions by a student that involve the use of the University computing and network resources from a \nremote location, including but not limited to accessing email accounts, will be deemed to have occurred \non campus. \n \nThese procedures also will apply regardless of the location of the alleged prohibited conduct where the \nPresident or their designated representative in the Cornell Office of Civil Rights determines that either: \n\u2022 \nthe alleged prohibited conduct has occurred in the context of a University education program or \nactivity; or \n\u2022 \nthe alleged prohibited conduct poses a substantial threat to the University\u2019s educational mission, \nsuch as an allegation of serious misconduct by a Cornell student against a non-Cornell affiliated \nindividual, or to the health or safety of University community members, including potentially \ncontributing to or creating a hostile environment on any campus of the University. \nA jurisdictional challenge shall be deemed waived if not raised by the appeal stage under these \nProcedures. \n7 TIME LIMIT TO FILE FORMAL COMPLAINTS \nTo promote timely and effective review, the University strongly encourages complainants and other \npersons with knowledge of possible violations of this policy to make reports as soon as possible, ideally \nwithin one year of the alleged prohibited conduct. A delay in reporting may affect the University's ability \n \n3 For complaints against graduate or undergraduate teaching or research assistants arising out of performance of academic \nassignments, Policy 6.4 procedures governing employees apply. \n4 These procedures apply to all units of the University except for Weill Cornell Medicine, which will administer Policy 6.4 under \nWeill Cornell Medicine procedures. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 10 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n10 \n \nto gather relevant and reliable information, contact witnesses, investigate thoroughly, and respond \nmeaningfully. It may also affect the University\u2019s ability to take disciplinary action against a student who \nhas engaged in prohibited conduct. \nWhile prompt reporting is encouraged, the University will consider as timely any Formal Complaint that \nis filed under these procedures as long as the respondent is a \u201cstudent,\u201d as defined by these procedures, \n(e.g., has not graduated or permanently left the University). \n \nIf the respondent is no longer a student at the time of the Formal Complaint, and the University is, thus, \nunable to pursue resolution, it will still seek to meet its Title IX obligations by providing support for the \ncomplainant and, as feasible, taking appropriate steps to end any prohibited conduct, prevent its \nrecurrence, and address its effects. \n8 COMPUTATION OF DEADLINES \nIn computing any time period specified in these procedures, the day of the event, act, or default that \ninitiates the period will be excluded. \n9 THE UNIVERSITY\u2019S RESPONSE TO A REPORT OF \nPROHIBITED CONDUCT \nWhen the University has actual knowledge of alleged prohibited conduct under these Procedures, it will \nrespond promptly and reasonably in light of the known circumstances. The University will treat \ncomplainants and respondents equitably by offering Supportive Measures to each and by following the \ngrievance process set forth in these Procedures before the imposition of any disciplinary sanctions or \nother actions (that are not Supportive Measures or temporary suspension) against a respondent. \n9.1 Initial Assessment \nUpon receipt of a report of alleged prohibited conduct by a student, the Title IX Coordinator5 will make \nan initial assessment of the reported information and respond to any immediate health or safety concerns \nraised by the report. The steps in an initial assessment vary based on whether the identity of the \ncomplainant is known. \n9.1.1 Where the Complainant\u2019s Identity Is Known \nWhere the identity of the complainant is known, the Title IX Coordinator will ensure that the \ncomplainant receives a written explanation of all available resources and options and an opportunity to \nmeet promptly to discuss those resources and options. \n \n \n \n5 Throughout these procedures, various University officials, such as the Title IX Coordinator, are assigned responsibility for \nperforming specific functions. Named officials are authorized to delegate responsibility to other appropriate University officials and \nnon-university consultants except where such delegation contravenes University policy. Additionally, named officials and their \ndesignees may consult with appropriate University officials, the Office of University Counsel, and subject-matter experts. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 11 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n11 \n \nIn the initial assessment and meeting or correspondence with the complainant, the Title IX Coordinator \nwill: \n\u2022 \nAssess the complainant\u2019s safety and well-being and offer the University\u2019s support and assistance \nthrough available resources; \n\u2022 \nInform the complainant that the Title IX Coordinator will maintain the complainant\u2019s privacy to \nthe greatest extent possible and disclose information only as necessary pursuant to these \nprocedures; \n\u2022 \nInform the complainant of their right to seek medical treatment (including a sexual assault \nforensic examination) and explain the importance of obtaining evidence and preserving forensic \nand other evidence; \n\u2022 \nInform the complainant of their right to contact law enforcement, be assisted by University \nofficials in contacting law enforcement, or decline to contact law enforcement, and their right to \nseek a protective order; \n\u2022 \nInform the complainant that the criminal justice system uses different standards of proof and \nevidence than these procedures and that any questions about whether the reported prohibited \nconduct constitutes a penal law violation should be addressed by law enforcement; \n\u2022 \nInform the complainant about University and community resources, including counseling, \nhealth, and mental health services; victim advocacy; procedural advocacy; legal resources; visa \nand immigration assistance; student financial aid; and other resources both on campus and in the \ncommunity, and how to request or contact such resources; \n\u2022 \nInform the complainant of the right to seek appropriate and available Supportive Measures and \nhow to request such measures and consider the complainant\u2019s wishes with respect to Supportive \nMeasures with or without the filing of a formal complaint (See Section 16 \u201cSupportive Measures \nand Temporary Suspensions\u201d); \n\u2022 \nEnsure the complainant is aware of their right to an advisor; \n\u2022 \nInform the complainant of the right to file a Formal Complaint and seek resolution (by Hearing \nor Alternate Resolution) under these procedures; provide the complainant with an overview of \nthese procedures, including supportive measures; and inform the complainant of the right to \nwithdraw a Formal Complaint at any time prior to resolution and to decline or discontinue \nresolution under these procedures at any time, including that declining to participate in an \ninvestigation and/or Hearing under these procedures may limit the University\u2019s ability to \ninvestigate meaningfully and respond to a report of prohibited conduct; \n\u2022 \nAs possible and appropriate, ascertain the complainant\u2019s preference for pursuing Formal \nComplaint, supportive measures, or neither under these procedures, and discuss with the \ncomplainant any concerns or barriers to participating in any investigation and resolution process \nunder these procedures; \n\u2022 \nExplain that the University prohibits retaliation, that retaliation constitutes prohibited conduct \nunder these procedures, and that the University will take appropriate action in response to any \nact of retaliation; \n\u2022 \nInform the complainant of their rights afforded under the Student Bill of Rights & Your Rights \nStatement; and \n\u2022 \nCommunicate with appropriate University officials to determine whether the report triggers any \nClery Act obligations, including the issuance of a timely warning, and take steps to meet those \nobligations. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 12 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n12 \n \n9.1.2 Where the Complainant\u2019s Identity Is Unknown \nWhere a report is filed but the identity of the complainant is unknown, the Title IX Coordinator will \nassess the nature and circumstances of the report, including whether it provides information that \nidentifies the potential complainant, the potential respondent, any witnesses, and/or any other third party \nwith knowledge of the reported incident, and take reasonable and appropriate steps to respond to the \nreport of prohibited conduct consistent with applicable federal and state laws and these procedures. \n9.2 The University\u2019s Actions Following an Initial Assessment \nUpon completion of the Initial Assessment, the Title IX Coordinator will determine the course of action \nunder these procedures as follows: \n9.2.1 Where the Complainant Seeks Resolution Under These Procedures \nIn any case where the complainant reports prohibited conduct and requests resolution under these \nprocedures, the Title IX Coordinator will promptly conduct an initial assessment and, as appropriate, \ninitiate an investigation. The investigation begins with the complainant making a signed, written Formal \nComplaint. \n9.2.2  Where the Complainant Requests That No Formal Complaint Be \nPursued Under These Procedures \nThe University strongly supports the complainant\u2019s decision not to pursue a Formal Complaint under \nthese procedures and desire for anonymity. \n \nWhere the complainant does not wish to pursue a Formal Complaint under these procedures, the \nUniversity will honor the complainant\u2019s wishes unless doing so would not adequately mitigate the risk of \nharm to the complainant or other members of the University community or doing so impacts the \nUniversity\u2019s ability to provide a safe and non-discriminatory environment for all members of the \nUniversity community, including the complainant. \nThe Title IX Coordinator will consider the following factors, among others, when determining whether to \nhonor the complainant\u2019s wish that no resolution be pursued under these procedures: \n \n1. Whether the respondent has a history of violent behavior or is a repeat offender; \n2. Whether the incident represents escalation in unlawful conduct by the respondent from \npreviously noted behavior; \n3. The increased risk that the respondent will commit additional acts of violence; \n4. Whether the respondent used a weapon or force; \n5. Whether the complainant is a minor; \n6. Whether the University possesses other means to obtain evidence such as security footage; and \n7. Whether available information reveals a pattern of perpetration at a given location or by a \nparticular group. \nRegardless of whether the complainant chooses to file or participate in a Formal Complaint, the Title IX \nCoordinator will assist the complainant with reasonable and available Supportive Measures, which may \ninclude academic, housing, transportation, employment, and other measures. (See Section 16 \u201cSupportive \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 13 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n13 \n \nMeasures and Temporary Suspensions\u201d). Where no Formal Complaint has been filed and a Supportive \nMeasure impacts the respondent, the respondent will be provided with written notice of the report, \nwhich includes, as known, the date, time, and location of the alleged prohibited conduct and the \nunderlying factual allegations, including the identity of the complainant. Therefore, certain Supportive \nMeasures may not be available if the complainant wishes to maintain anonymity. \nThe Title IX Coordinator may also take proactive steps, such as training or awareness efforts, to address \nsexual and related misconduct in a general way that does not identify the complainant. \n \nWhere the complainant declines to participate in an investigation, the University\u2019s ability to meaningfully \ninvestigate and respond to a report may be limited. \n9.2.3 University Determination That the Complainant\u2019s Request(s) Can \nBe Honored \nWhere the Title IX Coordinator determines that the University can honor the complainant\u2019s request that \nno Formal Complaint be pursued under these procedures, the University may nevertheless take other \nappropriate steps designed to eliminate the reported prohibited conduct, prevent its recurrence, and \naddress its effects on the complainant and the University community. Those steps may include offering \nthe complainant reasonable and available Supportive Measures, conducting targeted prevention and \nawareness training, and/or providing or imposing other remedies tailored to the circumstances. \nThe complainant may later choose to pursue a Formal Complaint within the time limits for filing a \nFormal Complaint under these procedures, subject to whether the University has already investigated \nand adjudicated a Formal Complaint initiated by the University. \nUpon receipt of new or additional information, the Title IX Coordinator may reconsider the \ncomplainant\u2019s request that no Formal Complaint be pursued under these procedures and initiate the \nresolution process, as explained directly below. \n9.2.4 University Determination That the Complainant\u2019s Request(s) \nCannot Be Honored \nWhere the Title IX Coordinator determines that the University cannot honor the complainant\u2019s request \nthat no Formal Complaint be pursued under these procedures, the Title IX Coordinator will promptly \ninitiate the resolution process under these procedures by making a signed, written Formal Complaint on \nbehalf of the University. \n \nThe Title IX Coordinator will notify the complainant that the University intends to proceed with a Formal \nComplaint and will take immediate action as necessary to protect and assist the complainant. \nThe Title IX Coordinator will make reasonable efforts to protect the privacy of the complainant. However, \ntypically, the complainant\u2019s identity would have to be disclosed as part of the University\u2019s investigation. \n \nThe complainant is not required to participate in any proceedings that follow. However, if the \ncomplainant declines to participate in an investigation and/or the adjudicative process under these \nprocedures, the University\u2019s ability to investigate meaningfully and respond to a report of prohibited \nconduct may be limited. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 14 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n14 \n \n10 NOTICE TO COMPLAINANT AND RESPONDENT OF \nUNIVERSITY ACTIONS \nThe Title IX Coordinator will promptly inform the complainant of any actions undertaken by the \nUniversity that will directly impact the complainant, including the filing of a Formal Complaint. \n \nThe Title IX Coordinator will promptly inform the respondent of any actions undertaken by the \nUniversity that will directly impact the respondent, including the filing of a Formal Complaint or the \nimposition of Supportive Measures that would directly impact the respondent, and provide an \nopportunity for the respondent to respond to such action(s). (See Section 16 \u201cSupportive Measures and \nTemporary Suspensions\u201d). Supportive Measures become effective when notice of the Supportive \nMeasures is provided. \n11 ADVISORS AND SUPPORT PERSONS \nAt all stages under these procedures, both the complainant and respondent will be afforded the \nassistance of an advisor provided by the University to assist and advise the party. \nAs an alternative or in addition to utilizing an advisor offered by the University, each party has the right \nto select and consult with an advisor of their own choosing. \n \nBoth the complainant and respondent also have the right to a support person of their choice to provide \nemotional support to the party. \n \nAdvisors and support persons may be any person, including an attorney. \nAdvisors and support persons may accompany the party to all meetings, such as investigative interviews, \nand proceedings, and are not to interfere with meetings or proceedings. With limited exception for cross- \nexamination in Hearing Process A, advisors and support persons may not speak on the party\u2019s behalf at \nany time. (See Section 26 of these Procedures (\u201cHearings, Generally\u201d).) \nThroughout the proceedings, advisors and support persons may also help the party prepare written \nsubmissions. \n \nDuring hearings, advisors and support persons may confer with the party, and on the party\u2019s behalf, at \nthe time and in the manner prescribed by the Hearing Chair and also may help the party prepare written \nsubmissions. \nDuring hearings, the role of the advisor varies depending upon the cross-examination requirements of \nthe Hearing Process, as follows: \n \n\u2022 \nHearing Process A: Each party\u2019s advisor is permitted to ask the other party and any witnesses all \nrelevant questions and follow-up questions, including those challenging credibility. Such cross- \nexamination must be conducted directly, orally, and in real time by the party\u2019s advisor of choice \nand never by a party personally. If a party does not have an advisor present at the live hearing, \nthe university will provide without fee or charge to that party, an advisor of the university\u2019s \nchoosing to conduct cross-examination on behalf of that party. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 15 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n15 \n \nShould a party not have an advisor who will be at the hearing to conduct cross-examination on \ntheir behalf, the University will provide an advisor aligned with the party\u2019s interest, for such \npurpose. A party should request in writing as soon as possible and at least 10 business days in \nadvance of the hearing that the University provide an advisor for the hearing. \n\u2022 \nHearing Process B: Cross-examination of the other party and any witnesses is permitted only \nthrough written questions submitted by the parties to the Hearing Chair. Parties may have, but \nare not required to have, an advisor at the hearing. \nBy accepting the role of advisor or support person, all advisors and support persons agree to comply with \nthe rules and processes set forth in Policy 6.4 and these procedures, including rules regarding process \nprivacy. \nThe University will not interfere with the parties\u2019 rights to have an advisor and support person of their \nchoice and fully expects advisors and support persons to adhere voluntarily to Policy 6.4 and these \nprocedures. In extreme cases, where either the Title IX Coordinator or Hearing Chair determines that an \nadvisor\u2019s or support person\u2019s conduct undermines the integrity of Policy 6.4 or these procedures, the \nadvisor or support person will be prohibited from continuing to serve as advisor or support person in \nthat case. The affected party will be permitted to obtain a substitute advisor or support person. \n12 WRITTEN SUBMISSIONS \nFor all written submissions permitted by these procedures, other than the written objections and requests \nspecifically permitted during hearings, the documents must be submitted by the parties. Written \nsubmissions from an advisor, support person, or other individual made on behalf of a party, other than \nthe written objections and requests specifically permitted during hearings, will not be included in the \ninvestigative or hearing records. \nWhere a form is available at titleix.cornell.edu for a written submission, the party must use the form for \nthe submission. Where required by these procedures, the party must sign the written submission. \n13 PRESERVATION OF INFORMATION AND TANGIBLE \nMATERIAL \nPreservation of information and tangible material relating to alleged prohibited conduct is essential for \ninvestigations under these procedures as well as law enforcement investigations. Therefore, all persons \ninvolved in these procedures, whether as the complainant, the respondent, or a witness, are encouraged \nto preserve all information and tangible material relating to the alleged prohibited conduct. Examples of \nevidence include electronic communications (e.g., email and text messages), photographs, clothing, and \nmedical information. \nIn the case of medical information, prompt examinations can be crucial to the collection of forensic or \nother medical evidence. Individuals who believe they have experienced sexual assault or other forms of \nprohibited conduct are strongly encouraged to seek immediate medical attention. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 16 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n16 \n \n14 OBLIGATION TO PROVIDE TRUTHFUL INFORMATION \nAt all stages of the process, all Cornell University community members are expected to provide truthful \ninformation. \u201cFurnishing false information to the University with intent to deceive\u201d is prohibited and \nsubject to disciplinary sanctions under the Student Code of Conduct, Section (IV)(N)(1). This provision \ndoes not apply to reports made or information provided in good faith, even if the facts alleged are not \nlater substantiated. \n15 DUTY TO COOPERATE \nAll members of the University community are expected to cooperate and participate in inquiries, \ninvestigations, and resolutions of reports and Formal Complaints of prohibited conduct under these \nprocedures. However, the non-cooperation or non-participation of a party or witness cannot be the basis \nof adverse action or an adverse inference. \n16 SUPPORTIVE MEASURES AND TEMPORARY \nSUSPENSIONS \n16.1 Overview of Supportive Measures \nSupportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate \nand reasonably available, without fee or charge, to the complainant or respondent before, during or after \nthe filing of a Formal Complaint or where no Formal Complaint has been filed. Supportive Measures are \ndesigned to accomplish a number of goals: \n\u2022 \nto restore or preserve equal access to the University\u2019s educational program or activity; \n\u2022 \nto support and protect the safety of the complainant, the respondent, the University\u2019s educational \nenvironment, and the University community; \n\u2022 \nto promote the goals of Policy 6.4; \n\u2022 \nto deter retaliation; and \n\u2022 \nto preserve the integrity of the investigation and resolution process pursuant to these procedures. \nSupportive Measures might be in the form of support for or restrictions upon one or both parties. \nRestrictions or loss of specified privileges at the University (such as membership on a sports team or in an \nextracurricular) may not be issued as Supportive Measures. \nRestrictive Supportive Measures will be calibrated to address a perceived risk, but tailored to minimize to \nthe extent possible the impact on the affected party or parties, whose underlying case of prohibited \nconduct has not yet been adjudicated on the merits. \nSupportive Measures may be issued based upon a party\u2019s request or at the University\u2019s own initiative. In \nall instances, the University will, at its discretion, determine whether any given Supportive Measure is \nreasonable and appropriate. \n \nSupportive Measures are available regardless of whether a Formal Complaint has been filed under these \nprocedures. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 17 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n17 \n \nSupportive Measures are available regardless of whether the complainant chooses to report the \nprohibited conduct to law enforcement. \nSupportive Measures become effective when notice of the Supportive Measures is provided. \n \nWhere a Formal Complaint has been filed, typically, Supportive Measures will remain in place pending \nthe resolution of the Formal Complaint. \n \nViolations of Supportive Measures that are orders by a University official may constitute prohibited \nconduct under these procedures. \n16.2 Examples of Supportive Measures \nPotential Supportive Measures include but are not limited to: \n\u2022 \nassistance obtaining access to counseling, advocacy, or medical services; \n\u2022 \nassistance obtaining access to academic support and requesting academic accommodations; \n\u2022 \nchanges in class schedules; \n\u2022 \nassistance requesting changes in work schedules, job assignments, or other work \naccommodations; \n\u2022 \nchanges in campus housing; \n\u2022 \nsafety escorts; \n\u2022 \nindividualized prevention and awareness training; \n\u2022 \nfacilitated agreements to delete consensually-obtained nude or sensitive images; \n\u2022 \nrestrictive orders; and \n\u2022 \n\u201cNo-contact\u201d orders (curtailing or prohibiting contact or communications between or among \nindividuals). \n16.3 Issuance of Supportive Measures \nThe Title IX Coordinator is responsible for issuing Supportive Measures. \n \nSupportive Measures will be designed in a fair manner and narrowly tailored to minimize to the extent \npossible any restrictions on those affected. \nIn issuing Supportive Measures, the Title IX Coordinator will make reasonable efforts to communicate \nwith any impacted party to address safety and emotional and physical well-being concerns. \nWhere no Formal Complaint has been filed and a Supportive Measure impacts the respondent, the \nrespondent will be provided with written notice of the report, which includes, as known, the date, time, \nand location of the alleged prohibited conduct and the underlying factual allegations, including the \nidentity of the complainant. Therefore, certain Supportive Measures may not be available if the \ncomplainant wishes to maintain anonymity. \nSupportive Measures are not, in and of themselves, permanent resolutions under these procedures. \nRather, they are actions taken by the University based on information known at the time that the \nSupportive Measures are issued. Accordingly, the Title IX Coordinator has the discretion to issue, \nmodify, or remove any Supportive Measure at any time additional information is gathered or \ncircumstances change. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 18 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n18 \n \nSupportive Measures do not appear on a party\u2019s transcript or disciplinary record. A record of Supportive \nMeasures is maintained in the Title IX Coordinator\u2019s case file. \n16.4 Assistance with Orders of Protection \nOrders of Protection are court orders and, thus, the University is not able to issue them. However, the \nCornell University Police Department (CUPD) (607-255-1111) will assist both the respondent and the \ncomplainant (or any member of the Cornell community impacted by an Order of Protection), by helping \nthe parties understand the availability of an order, the potential content and parameters of an order, and \nthe consequences for violating an order. \nThe Tompkins County Advocacy Center (607-277-5000) is a confidential resource in Ithaca that can also \nassist in obtaining a Family Court Order of Protection for complainants reporting an experience with \ndating or domestic violence. \n \nThe CUPD will also assist a protected party in effecting arrest of an individual violating an Order of \nProtection, if doing so is within the jurisdiction of CUPD. \n16.5 Requested Review of Title IX Coordinator\u2019s Decisions \nRegarding Supportive Measures \nBoth parties may at any time request that the Title IX Coordinator issue, modify, or remove Supportive \nMeasures based upon a change in circumstance or new information that would affect the necessity of any \nMeasures. \n \nBoth parties may petition the Vice President of Student and Campus Life (VPSCL) in writing to review \nthe Title IX Coordinator\u2019s decision whether to issue, modify, or remove Supportive Measures. A party \nmay seek such review only if the Supportive Measure directly impacts that party. A party seeks review \nby submitting a letter explaining the reason for their request for review and including any written \nevidence in support of such request. The materials should be submitted to the Title IX Coordinator, who \nwill forward all materials to the VPSCL. \nIf, based upon the request, the VPSCL is considering issuing, modifying, or removing a Supportive \nMeasure, the VPSCL will invite the non-petitioning party and the Title IX Coordinator to submit \nresponses. The Title IX Coordinator will then inform the non-petitioning party that a request has been \nfiled and will provide a copy of the request to that party. The VPSCL will establish a reasonable timeline \nfor handling the matter, including deadlines for submissions. \nIf the VPSCL determines that the Title IX Coordinator\u2019s decision should be set aside, the VPSCL will \ninstruct the Title IX Coordinator to vacate the prior decision on Supportive Measures immediately. At \nthat time, the Title IX Coordinator may impose alternate reasonable and appropriate Supportive \nMeasures. The VPSCL may, but is not required to, provide the Title IX Coordinator with guidance \nregarding appropriate alternate Supportive Measures. \n \nThe VPSCL will provide a written decision to the parties and the Title IX Coordinator. \nThe decision of the VPSCL is final; there is no right to appeal. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 19 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n19 \n \n16.6 Temporary Suspensions Pending Resolution \nOnce a Formal Complaint has been filed, where immediate action is necessary to protect the complainant \nor the University community, the Title IX Coordinator or other appropriate University official delegated \nby the President will have discretionary power to suspend the respondent pending resolution of the \nunderlying case. \nSuspension may include the withdrawal of any or all University privileges and services, including class \nattendance, participation in examinations, and utilization of University premises and facilities, as \ndetermined by the President or designee. \nUnderstanding that the underlying allegation of prohibited conduct has not been adjudicated on the \nmerits, a Temporary Suspension may be imposed only when Supportive Measures are deemed \ninsufficient to protect the complainant or University community. \n \nIn determining whether a Temporary Suspension is appropriate, the President or the President\u2019s \ndesignated representative in the form of the Title IX Coordinator or other appropriate University official \nmust determine that an immediate threat to the physical health or safety of the complainant or any other \nindividual arising from the allegations underlying the Formal Complaint justifies such emergency \nremoval of the respondent. The following factors, among others, should be considered: \n\u2022 \nwhether the respondent has a history of violent behavior or is a repeat offender; \n\u2022 \nwhether the incident represents escalation in unlawful conduct by the respondent from \npreviously noted behavior; \n\u2022 \nwhether there are facts indicating a risk that the respondent will commit additional acts of \nviolence; and \n\u2022 \nwhether the respondent used a weapon or force. \nBoth parties may at any time request that the Title IX Coordinator or other University official acting as the \nPresident\u2019s designee impose, modify, or lift a Temporary Suspension based upon a change in \ncircumstance or new information that would affect the necessity of a Temporary Suspension. \nViolations of Temporary Suspensions that are orders by a University official may constitute prohibited \nconduct under these procedures. \n16.7 Review of Temporary Suspensions \nThe Policy 6.4 Appeal Panel will conduct the review of a decision to impose a Temporary Suspension. \nThe decision not to impose or to lift a Temporary Suspension is reviewed in accordance with the \nprocedures set forth above. \nThe respondent may petition the Appeal Panel in writing for a review of the decision to impose a \nTemporary Suspension. \n \nThe petitioning party commences the review by submitting a petition explaining the reason for their \nrequest and including any written evidence in support of such request. The materials should be \nsubmitted to the Title IX Coordinator, who will forward all materials to the Appeal Panel. The Title IX \nCoordinator will also inform the non-petitioning party that a petition has been filed and provide a copy \nof the petition to that party. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 20 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n20 \n \nThe non-petitioning party may submit a written response but is not required to do so. The response \nshould be submitted to the Title IX Coordinator. Any written response must be submitted within three (3) \nbusiness days of receipt of the petition. The Title IX Coordinator will offer a written response to such \npetition within four (4) business days of receipt of the petition. For good cause, the Appeal Panel may \ngrant requests for extensions. \nThe Appeal Panel will consider the petition no later than five (5) business days after it receives the \npetition, with exceptions for good cause. However, given the gravity of a Temporary Suspension, it is \nexpected that an Appeal Panel will seek to meet this deadline. \nIf the Appeal Panel determines that good cause was not shown for the Temporary Suspension or that \ncircumstances have changed so that the suspension is no longer necessary, it will instruct the Title IX \nCoordinator to lift the Temporary Suspension immediately. At that time, the Title IX Coordinator may \nimpose alternate reasonable and appropriate Supportive Measures. The Appeal Panel may, but is not \nrequired to, provide the Title IX Coordinator with guidance regarding appropriate alternate Supportive \nMeasures. \n \nThe Appeal Panel will provide a written decision to the parties and the Title IX Coordinator as soon as \npracticable. \n \nThe Appeal Panel\u2019s decision is final; there is no right to appeal. \n \nWhere the Appeal Panel has already entertained a petition and issued a decision regarding a Temporary \nSuspension, it may decline a party\u2019s request to review a determination regarding a change of \ncircumstance or new information. \n17 PENDING CRIMINAL INVESTIGATIONS \nIn addition to the University investigating potential Policy 6.4 allegations, CUPD or other law \nenforcement may investigate alleged criminal matters. In cases where there is a criminal investigation, the \nUniversity process will run concurrently with such investigation. The University may grant temporary \ndelays reasonably requested by law enforcement for evidence gathering. \n18 NOTICE TO PARTIES UPON THE ISSUANCE OF A \nFORMAL COMPLAINT \nAt the issuance of a Formal Complaint, the Title IX Coordinator will notify the complainant and the \nrespondent, in writing, of the commencement of an investigation and provide both parties with a \ncopy of the Formal Complaint, Policy 6.4, and these procedures. Such notice will: \n\u2022 \nidentify the complainant and the respondent; \n\u2022 \nspecify the alleged prohibited conduct and its date, time, and location, to the extent known; \n\u2022 \nspecify the basis for jurisdiction over the Formal Complaint; \n\u2022 \nspecify the factual allegations pertaining to the prohibited conduct; \n\u2022 \nspecify any sanctions that may be imposed, including the University\u2019s transcript notation policy; \n\u2022 \nspecify whether Title IX applies; \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 21 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n21 \n \n\u2022 \nspecify the anticipated Hearing Process (A or B) that will be used, if the Formal Complaint is to \nbe resolved with a Hearing; \n\u2022 \nidentify the investigator; \n\u2022 \ninclude information about the parties\u2019 respective rights and obligations under Policy 6.4 and \nthese procedures; \n\u2022 \ninform the parties of their right to seek the assistance of an advisor provided by the University, a \nsecond advisor (including an attorney), and a support person for emotional support, all of whom \nmay accompany the respective parties to meetings and proceedings; \n\u2022 \ninform the parties of the range of available resources, including mental health and academic \nsupport resources; \n\u2022 \nexplain the prohibition against retaliation; and \n\u2022 \ninstruct the parties to preserve any potentially relevant evidence, whatever its form. \n19 PATHWAYS FOR RESOLUTION OF A FORMAL \nCOMPLAINT \nA Formal Complaint may be resolved by the University\u2019s dismissal of the Formal Complaint, Alternate \nResolution, Hearing, or by the complainant\u2019s withdrawal of the Formal Complaint. If the Formal \nComplaint is to be resolved through Hearing, the Title IX Coordinator will determine, whether such \nHearing would be conducted in accordance with Hearing Process A or Hearing Process B. \nBoth Hearing Processes provide for live hearings conducted using technology enabling participants to \nappear virtually and to see and hear each other simultaneously. Both Hearing Processes provide \nopportunity for cross-examination of the parties and witnesses. In Hearing Process A, cross-examination \nis conducted directly, orally, and in real time by the party\u2019s advisor of choice and never by a party \npersonally. In Hearing Process B, cross-examination is conducted through written submission by the \nparties to the Hearing Chair. (See Section 26 of these Procedures (\u201cHearings, Generally\u201d).) \n20 DETERMINATION OF HEARING PROCESS A OR \nHEARING PROCESS B AND WHETHER TITLE IX \nAPPLIES \nThe Title IX Coordinator will rely on the following two conditions in determining which Hearing Process \nwill be used to conduct the Hearing: \n\u2022 \nWhether Title IX applies to the Formal Complaint; and \n\u2022 \nWhether, if found responsible, the respondent could face suspension or dismissal from the \nUniversity as a potential sanction. \nIf either condition above is present, a Hearing on the Formal Complaint will be conducted in accordance \nwith Hearing Process A. If neither of the above conditions is present, a Hearing on the Formal Complaint \nwill be conducted in accordance with Hearing Process B. \n \nIn evaluating whether Title IX applies to the Formal Complaint, the Title IX Coordinator will determine \nwhether the following requirements are met: \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 22 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n22 \n \n\u2022 \nThe alleged prohibited conduct meets at least one of the definitions for sexual harassment and \nsex/gender-based harassment, sexual assault, dating and domestic violence, or stalking; \n\u2022 \nThe alleged prohibited conduct occurred in the University\u2019s education program or activity; \n\u2022 \nThe alleged prohibited conduct occurred against a complainant in the United States; and \n\u2022 \nAt the time of filing the Formal Complaint, the complainant is participating in or attempting to \nparticipate in the University\u2019s education program or activity. \nIn evaluating whether a respondent could face a potential sanction of suspension or dismissal from the \nUniversity, the Title IX Coordinator will consider: \n\u2022 \nWhether the alleged prohibited conduct involves physical acts, violence, use of a weapon or \nforce, intimidation, threats, or a pattern of perpetration; \n\u2022 \nWhether the alleged prohibited conduct substantially threatens the University\u2019s educational \nmission or the health or safety of University community members; \n\u2022 \nWhether the complainant is a minor; \n\u2022 \nWhether the respondent has a disciplinary history; and \n\u2022 \nAny other relevant exacerbating or mitigating circumstances related to the alleged prohibited \nconduct or the parties. \nThe Title IX Coordinator\u2019s evaluation of a potential sanction shall not be considered by a hearing panel in \ndetermining an actual sanction. \n21 THE PARTIES\u2019 PARTICIPATION IN THE \nINVESTIGATION AND HEARING \nBoth the complainant and the respondent may decline to participate in the investigation and/or hearing. \nHowever, the University may continue without a party\u2019s participation, reaching findings and issuing \nsanctions. Additionally, a party\u2019s decision not to participate in the investigation will limit the party\u2019s \nability to participate in the hearing, as explained below. \n21.1 Declining to Participate in the Investigation \nIf a party declines to participate in investigative interviews deemed necessary by the investigator, the \nparty will forfeit the opportunity at the hearing to give a written opening statement, testify, and give oral \nand written closing statements. \n \nNonetheless, if a party who has so declined to participate in investigative interviews later seeks to \nparticipate in a hearing, upon a finding that there was a compelling reason for the nonparticipation, the \nHearing Chair, upon the Chair\u2019s discretion, may permit the party to participate. If the Hearing Chair \npermits the party to participate in the hearing, the Hearing Chair will first reschedule or adjourn the \nhearing for the investigator to interview the party and, as necessary, conduct any follow-up investigation \nand supplement and revise the investigative record and report. The Hearing Chair will also re-open the \npre-hearing submission process, if appropriate, so that the parties may respond to the new information. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 23 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n23 \n \n21.2 Declining to Attend or Participate in the Hearing \nNeither party is required to attend a hearing for the hearing to proceed. The party\u2019s advisor may question \nany witnesses and object to testimony. If, despite being notified of the date, time, and location of the \nhearing, either party is not in attendance, the hearing may proceed, and applicable sanctions may be \nimposed. \nThe parties are not required to testify at a hearing and the Hearing Panel will not draw a negative \ninference from a party's silence. However, where a party declines to testify or answer approved questions \nasked of them, the Hearing Panel\u2019s ability to hear information necessary to make an informed decision in \nthat party\u2019s favor may be limited. \nThe decision-maker(s) cannot draw an inference about the determination regarding responsibility based \nsolely on a party\u2019s or witness\u2019s absence from the hearing or refusal to answer cross-examination or other \nquestions. \n22 DISMISSAL OF A FORMAL COMPLAINT AND/OR \nDETERMINATION WHETHER TITLE IX APPLIES \nThe Title IX Coordinator will make an initial determination as to whether Title IX applies to the Formal \nComplaint based on the alleged facts. (See Section 20 of these Procedures (\u201cDetermination of Hearing \nProcess A or Hearing Process B and Whether Title IX Applies\u201d).) \n \nThe Title IX Coordinator may dismiss6 a Formal Complaint and close a case where: \n\u2022 \nthere is no jurisdiction under these procedures; or \n\u2022 \nthe facts set forth in the Formal Complaint do not constitute prohibited conduct under these \nprocedures; or \n\u2022 \nthe complainant fails or refuses to cooperate with the investigation such that the investigator is \nunable to investigate despite reasonable measures, including where the complainant cannot be \nlocated, the complainant fails or refuses to be available for interviews or meetings, or the \ncomplainant fails to provide necessary information; or \n\u2022 \nthe complainant notifies the Title IX Coordinator in writing that they would like to withdraw the \nFormal Complaint or any allegations therein, prior to resolution; or \n\u2022 \nthe respondent is no longer enrolled in the University; or \n\u2022 \nspecific circumstances prevent the University from gathering evidence sufficient to reach a \ndetermination as to the Formal Complaint or allegations therein. \nUpon any dismissal, the Title IX Coordinator will promptly send written notice of the dismissal and the \nrationale for doing so simultaneously to the parties. \n \nThe complainant will be given an opportunity to seek review by a Hearing Panel. The complainant must \ncommence the review within ten (10) business days by submitting a letter explaining why they think the \ndismissal is erroneous and including any written evidence in support of their position. The materials \nshould be submitted to the Title IX Coordinator, who will forward them to the Hearing Panel and \n \n6 Where appropriate, the Title IX Coordinator may dismiss a Formal Complaint prior to the Notice of Formal Complaint to both \nparties. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 24 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n24 \n \nHearing Chair (who provides guidance to the Hearing Panel but does not have a vote in a decision). \n \nThe Title IX Coordinator will also inform the respondent that a request for review has been filed and \nprovide a copy of the complainant\u2019s letter and any supporting materials to the respondent. \nThe Hearing Chair in consultation with the Hearing Panel will establish a reasonable process and \ntimeline for handling the matter. The respondent will be given an opportunity to respond to the \ncomplainant\u2019s request for review. \n \nThe Hearing Panel will conduct its review based upon a standard of clearly erroneous, meaning that the \nHearing Panel will not disturb the Title IX Coordinator\u2019s or investigator\u2019s decision by substituting its own \njudgment for the judgment of the Title IX Coordinator or investigator unless the Hearing Panel \ndetermines that the dismissal was clearly in error. \n \nIf the Hearing Panel determines that the dismissal was clearly erroneous, the Formal Complaint will be \nreinstated and resolved according to these procedures. \nIf the Hearing Panel determines that the dismissal was not clearly erroneous, it will affirm the dismissal. \nThe Hearing Panel will provide a written decision to the parties and the Title IX Coordinator. \nThe decision of the Hearing Panel is final; there is no right to appeal. \nIn accordance with the procedures set forth below in \u201c24.9. Threshold Determination by Investigator and \nReview by the Hearing Panel,\u201d after completing an investigation, the investigator may dismiss a Formal \nComplaint upon a threshold determination that there is not sufficient evidence to advance the Formal \nComplaint to a hearing. \n23 CONSOLIDATION OF REPORTS, FORMAL \nCOMPLAINTS, AND HEARINGS UNDER THESE \nPROCEDURES \nGenerally, at the discretion of the Title IX Coordinator, multiple reports or Formal Complaints under \nthese procedures that are factually related will be joined in one investigation. Formal Complaints joined \nin one investigation may be joined in one hearing or resolved in separate hearings, as discussed below. \n \nAt the discretion of the Hearing Chair, in consultation with the investigator, multiple Formal Complaints, \nwhether or not joined in one investigation, and multiple investigations under these procedures may be \njoined in one hearing if doing so is likely to result in reliable and more efficient outcomes without causing \nprejudice to a party or parties or confusion for the fact finders. In determining whether to consolidate, the \nHearing Chair will provide the parties with an opportunity to explain their preferences for consolidated \nor severed hearings. \n \nMultiple Formal Complaints and investigations may be so joined whether they involve single or multiple \ncomplainants or respondents. In all hearings involving multiple respondents, the Hearing Panel will \nconsider singly the sanctions and remedies appropriate for each respondent. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 25 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n25 \n \n24 INVESTIGATIONS OF A FORMAL COMPLAINT \n24.1 Overview of Investigations of a Formal Complaint \nThe investigation is designed to be timely, thorough, and impartial and to provide for a fair and reliable \ngathering of the facts. All individuals involved in the investigation, including the complainant, the \nrespondent, and any third-party witnesses, will be treated with sensitivity and respect. \n \nThe investigation will generally include individual interviews of the complainant, the respondent, and \nrelevant witnesses. Upon completion of the investigation, the investigator will prepare a Final \nInvestigative Record and an Investigative Report. The Investigative Record is a compilation of statements \nby the parties and witnesses as well as other evidence gathered by the investigator. The Investigative \nReport will explain the scope of the investigation and summarize the information gathered. The \ninvestigator does not make any findings or recommendations as to responsibility, other than to make an \nassessment as to whether there is sufficient evidence for the case to proceed to a hearing to determine \nresponsibility. In the event of a hearing, the final investigative record and report become part of the \nhearing record. \nThe complainant and the respondent will have an equal opportunity to participate in the investigation, \nincluding an equal opportunity to be heard, submit evidence, and suggest witnesses who may have \nrelevant information. Specifically, during the investigation, each party will have the opportunity to: \n\u2022 \nbe interviewed by the investigator; \n\u2022 \nreview their own interview statements (prior to the statements being distributed to the other \nparty and included in a draft investigative record); \n\u2022 \nprovide evidence to the investigator; \n\u2022 \nsuggest witnesses to be interviewed by the investigator; \n\u2022 \npropose questions to be asked of witness and the other party; and \n\u2022 \nreview a draft investigative record and comment on it, in writing, before the investigator finalizes \nthe record and prepares an investigative report. \nAt the hearing, the Hearing Panel will rely upon the final investigative record as well as any additional \nstatements and information provided to the Hearing Panel pursuant to the procedures set forth below. \n24.2 Time Frame of and Time Limitations During the Investigation \nThe investigation will be completed as expeditiously as possible, and will generally be completed within \nninety (90) business days of the issuance of the Formal Complaint. This time period is measured from \nthe date the Respondent receives the Notice of Formal Complaint and ends when the draft investigative \nrecord is distributed to the parties. This time-period may be subject to reasonable extension on a case-by-\ncase basis for good cause, with notice to the parties that includes the reason for the delay. \nAny time the general timeframes for resolution outlined in these procedures will be delayed, the \nUniversity will provide written notice to the parties of the delay, the cause of the delay, and an estimate \nof the anticipated additional time that will be needed as a result of the delay. \n \nThroughout the investigation, both parties will receive reasonable written notice of any meetings at \nwhich their attendance is requested, and the parties will be updated at regular intervals on the status of \nthe investigation. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 26 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n26 \n \n \nThe investigator will establish and apply equitably to the parties reasonable time limits for the various \nstages of the investigation, including meetings and deadlines for any submissions or responses, and the \nparties  must adhere to these time limits. \n \nThe parties may request reasonable extensions that will be granted at the discretion of the \ninvestigator. Extensions granted to one party will be granted to the other party. \nDelays simply to prolong the process will not be permitted, and failure to meet deadlines will result in \nforfeiture of a party\u2019s ability to participate in that aspect of the investigation. Written notice of the delay \nor extension and the reasons for the action will be provided to the parties. \n \nIf a party declines or fails to participate in a meeting or interview, provide evidence, or suggest witnesses, \nthe party will have waived their right to do so upon the issuance of the final investigative record and \nreport. \n24.3 Investigative Interview Process \nThe investigator will gather information from the complainant, the respondent, and other individuals \nwho have relevant information. \nThe parties will have the opportunity to request in writing witnesses they would like the investigator to \ninterview and questions and topics they would like the investigator to ask witnesses, themselves, and the \nother party. \n \nThe investigator has the discretion to determine the relevance of any proffered witnesses, and, \naccordingly, the investigator will determine which witnesses to interview. \nIn general, the investigator will not consider relevant any witnesses who are offered solely for the \npurpose of providing evidence of a party\u2019s character. \n \nInvestigative interviews with the parties and any witnesses will be audio recorded. \nAt the start of an interview session, the investigator will inform an interviewee that the session is being \naudio recorded. \nParties and witnesses will receive copies of audio recordings of their own interviews. \n \nThe parties will be provided with transcripts, but not audio recordings, of all witness and other party \ninterviews. Upon receiving the transcripts, the parties may listen to audio recordings of interviews of the \nother party and any witnesses during business hours at a secure and private campus location, with access \nfacilitated by the Title IX Coordinator. \nAll persons being interviewed, including the parties, are prohibited from recording interviews. \n \nIn the event of a failure rendering an audio recording of an interview inaudible in whole or in part, the \ninvestigator will either reconstruct the interview with input from the interviewee or re-conduct the \ninterview, as the investigator deems necessary. The reconstructed interview statement will become part \nof the investigative record. The failure will not constitute grounds for appeal. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 27 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n27 \n \n \n24.4 Evidentiary Materials \nThe investigator will gather relevant available evidentiary materials, including physical evidence, \ndocuments, communications between the parties, and electronic records and media as appropriate. When \nthe investigator requests evidence from a party or witness, they are expected to cooperate, consistent with \nthe Duty to Cooperate. \nThe parties will have the opportunity to request in writing the evidentiary materials they would like the \ninvestigator to seek to obtain. \nThe investigator has the discretion to determine the relevance of any requested evidentiary materials, and \naccordingly the investigator will determine what evidentiary materials to seek to obtain. \n \nIn the event that irrelevant evidentiary materials are received during the investigation, the materials will \nbe excluded from the investigative record. Those materials will become part of the appeal record in the \nevent of an appeal (see section 27 below). \nIn general, the investigator will not consider relevant any evidence which is offered solely for the purpose \nof providing evidence of a party\u2019s character. Generally, the investigator will also not consider as relevant \nany evidence of a party or witness\u2019s prior or concurrent disciplinary history. \n24.5 Expert Testimony and Materials \nIf the investigator determines that expertise on a topic will assist the Hearing Panel in making its \ndeterminations, upon the investigator\u2019s own initiative or at the request of a party, the investigator may \ninclude in the investigative record medical, forensics, technological, or other expert testimony and \nmaterials (such as writings and recordings) that the investigator deems relevant and reliable. \nThe investigator has the discretion to determine the relevance and reliability of any expert testimony and \nmaterials, and, accordingly, the investigator will determine what, if any, expert testimony and materials \nwill be included in the investigative record. \nRequested expert testimony or materials not included in the investigative record will not be considered \nby the Hearing Panel. \n \nThe results of polygraph tests and other \u201clie-detection\u201d techniques are inadmissible in the proceedings. \n24.6 Evidence to be Excluded or Redacted from the Record \nThe parties and witnesses should make all requests for exclusions and redactions to the investigator \nduring the investigation prior to the issuance of the final investigative record and report. \nContent falling into one of the four categories below can be redacted or excluded. \n \n1. Prior Sexual History: Generally, during both the investigation and any hearing to determine \nresponsibility, participants in this process may exclude evidence of their own prior sexual history \nwith anyone other than the other party. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 28 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n28 \n \n \n2. Past Findings: During both the investigation and any hearing to determine responsibility, \nparticipants in this process may exclude evidence of their own past school disciplinary findings if \nsuch findings, as determined by the investigator, are irrelevant to the alleged prohibited conduct. \nAll such findings, whether or not relevant to the alleged prohibited conduct, are admissible at the \nstage of the hearing for determining sanctions. \n3. Mental Health Condition, Treatment and/or Diagnosis: Generally, during both the investigation \nand any hearing to determine responsibility, participants in this process may exclude evidence of \ntheir own mental health diagnosis and/or treatment. \n4. Sensitive Personal Identifying Information and Medical Records: Throughout these proceedings, \nsensitive personal identifying information, such as Social Security numbers and irrelevant \ninformation contained in medical records, will be excluded. Upon the request of a party or \nwitness, investigators may also redact or exclude other sensitive or private information, \nincluding, but not limited to: contact information and sensitive images (including images where \nan individual is nude or partially clothed). \n \nIn addition, there may be other information that is excluded or redacted under applicable law or these \nprocedures. For example, information protected by legally recognized privilege would be excluded \nunless waived. \nAny necessary exclusions or redactions are made by the investigator during the investigation and the \nHearing Chair during the hearing process, which includes both content elicited at the hearing as well as \ncontent in the investigative record. \n \nExcluded or redacted content not included in the investigative record will not be considered by the \nHearing Panel. \n24.7 Draft Investigative Record and the Parties\u2019 Review \nUpon completion of the investigation, the investigator will prepare and provide to the parties and their \nadvisors an electronic or hard copy of a draft investigative record that will include: \n\u2022 \ntranscripts (but not audio files) of all interviews by the investigator with the parties and any \nwitnesses; and \n\u2022 \ncopies of any documents, electronic records, media, and photographs or descriptions of physical \nmaterials collected during the course of the investigation. \nAs part of the investigative process, both parties have an opportunity to review and comment upon a \ndraft investigative record before the investigator finalizes it and issues an investigative report. \nThe parties will have ten (10) business days to review the draft investigative record and submit in \nwriting: \n\u2022 \ncomments about content such as factual inaccuracies the investigative record. A party\u2019s \ncomments may not add content; \n\u2022 \nrequests for redaction; \n\u2022 \nrequests for inclusion of content deemed irrelevant or duplicative by the investigator; \n\u2022 \nrequests for additional meetings with the investigator; and \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 29 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n29 \n \n\u2022 \nrequests for the investigator to conduct further investigation or questioning. \nThe parties\u2019 responses should not include arguments about why the Hearing Panel should find in their \nfavor, these arguments are more appropriately made as part of the opening statement (See section 26.8.1). \n \nThe parties may request extensions that will be granted, if reasonable, at the discretion of the \ninvestigator. Any extension granted to one party will be granted to the other party. \nDelays simply to prolong the process will not be permitted and failure to make submissions within ten \n(10) business days or any approved extensions, will result in a forfeiture of the right to do so later. \n \nThe parties\u2019 written comments and requests will become part of the final investigative record, except to \nthe extent content is deemed subject to exclusion or redaction pursuant to these procedures. The \ninvestigator has discretion whether to conduct any additional requested meetings, interviews, or \nquestioning. \nThe investigator will provide the parties with any and all evidentiary material used to supplement the \ndraft investigative record before finalizing the investigative report and record. To the extent that new \nmaterial is added after the draft investigative record, the parties may submit written comments limited to \nonly the new material. These comments will be included in the investigative record. The investigator will \nconsider all written comments to the evidentiary material prior to finalizing the investigative report. \n24.8 Final Investigative Record and Investigative Report \nThe investigative record is a compilation of the investigative interviews, evidentiary materials, and expert \ntestimony and materials, if any. \n \nThe investigative report is not evidence. In the report, the investigator will explain the scope of the \ninvestigation and summarize the information gathered during the investigation. At their discretion, the \ninvestigator may identify contested and uncontested facts, highlight inconsistencies, and address \nrelevancy of evidence. The investigator will not render an opinion on responsibility, other than to make a \nthreshold determination as to whether there is sufficient evidence to proceed to a hearing (see section 24.9 \nbelow). \nThe final investigative record and final investigative report will be provided to the parties, their advisors, \nand the Hearing Panel within fifteen (15) business days of the receipt of the parties\u2019 comments on the \ndraft investigative record, and at least ten (10) days prior to any hearing.  This time-period may be \nsubject to reasonable extension on a case-by-case basis for good cause, with notice to the parties that \nincludes the reason for the delay. \nThe investigator will consider the parties\u2019 written comments about all content prior to the completion of \nthe investigative report. \n24.9 Threshold Determination by Investigator and Review by \nHearing Panel \nUpon completion of the investigation, the investigator will make a threshold determination as to whether \nthere is sufficient evidence to advance the Formal Complaint to a hearing. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 30 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n30 \n \nIf the investigator concludes that when viewing the evidence in the light most favorable to the \ncomplainant, there is no reasonable basis to find that the respondent committed the alleged prohibited \nconduct, the investigator will make the threshold determination that there is not sufficient evidence to \nadvance the Formal Complaint to a hearing. The proceedings will be terminated, the Formal Complaint \ndismissed, and the parties so notified. \nIf the investigator makes a threshold determination that there is not sufficient evidence to advance the \nFormal Complaint to a hearing, the investigator will provide the parties with a written decision \nexplaining the threshold determination. \n \nThe complainant will be given an opportunity to seek review by a Hearing Panel. The complainant must \nrequest the review within ten (10) business days by submitting a letter explaining why they think the \nthreshold determination is erroneous and including any written evidence in support of their position. The \nmaterials should be submitted to the Title IX Coordinator, who will forward them to the Hearing Panel \nand Hearing Chair (who provides guidance to the Hearing Panel but does not have a vote in a decision). \n \nThe respondent will be informed that a request for review has been filed and provided a copy of the \ncomplainant\u2019s letter and any supporting materials. \nThe Hearing Chair in consultation with the Hearing Panel will establish a reasonable process and \ntimeline for handling the matter. The respondent will be given an opportunity to respond to the \ncomplainant\u2019s request for review. \n \nThe Hearing Panel will conduct its review based upon a standard of clearly erroneous, meaning that the \nHearing Panel will not disturb the threshold determination by substituting its own judgment for the \njudgment of the investigator unless the Hearing Panel determines that the threshold determination was \nclearly in error. \nIf the Hearing Panel determines that the threshold determination was clearly erroneous, the Formal \nComplaint will be reinstated and resolved according to these procedures. \n \nIf the Hearing Panel determines that the threshold determination was not clearly erroneous, it will affirm \nthe threshold determination. \nThe Hearing Panel will provide a written decision to the parties and the Title IX Coordinator. \nThe decision of the Hearing Panel is final; there is no right to appeal. \n25 ALTERNATE RESOLUTION OF A FORMAL COMPLAINT \nAt any time after a Formal Complaint has been filed and before a hearing commences, the parties may \nseek to resolve a report of prohibited conduct through Alternate Resolution, an administrative process.  \nThe Alternate Resolution process must be completed within thirty (30) business days of the date that \nboth parties agree to participate in the Alternate Resolution. \n \nParticipation in Alternate Resolution is entirely voluntary; the Title IX Coordinator will neither pressure \nnor compel either party to participate in the process or to agree to any specific terms. \n \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 31 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n31 \n \nIn every case, the Title IX Coordinator has discretion to determine whether the matter is appropriate for \nAlternate Resolution and to determine the appropriate terms. \n \nBefore the Title IX Coordinator approves the Alternate Resolution process or the terms of any Alternate \nResolution, the Title IX Coordinator will determine that they have sufficient information about the matter \nto make these decisions. \nThe parties are strongly encouraged, although not required, to consult with their advisors and any \nsupport persons during the Alternate Resolution process. \n \nIf the process is terminated for any reason, the matter will be re-evaluated for resolution pursuant to the \nFormal Complaint resolution process under these procedures. For this reason, the investigator will not \nparticipate in Alternate Resolution. \nThe Title IX Coordinator will oversee the Alternate Resolution process and have access to all University \nrecords in the matter, including any records or reports prepared during an investigation. \n \nThe Title IX Coordinator will consult separately with both parties and recommend to the parties the \nterms of a potential Alternate Resolution agreement. Such terms may include, but are not limited to, any \nsanctions or remedies that could be imposed by a Hearing Panel after a hearing under these proceedings. \nBoth parties must agree to the terms before an Alternate Resolution agreement becomes effective. \n \nAt any time before a written agreement is effective (see below), the complainant or the respondent may \nwithdraw from the Alternate Resolution process, and the Title IX Coordinator may also, at their \ndiscretion, terminate the process. \nIf both parties are satisfied with the Title IX Coordinator\u2019s recommendation, the matter will be resolved \nwith a written agreement. \n \nThe Title IX Coordinator will provide each party, separately, with a copy of the proposed agreement for \nthe party to review, sign, and return. \nOnce a party has returned the signed agreement to the Title IX Coordinator, the party has two (2) \nbusiness days to reconsider and withdraw from the agreement by notifying the Title IX Coordinator in \nperson or in writing. \n \nWithin the two (2) business days, if either party withdraws from the agreement, the matter would be \nreturned for resolution of the Formal Complaint. \nAfter the two (2) business days, if neither party withdraws, the terms of the agreement will become \neffective and the Title IX Coordinator will promptly notify both parties in writing that the agreement is \nfinal. \n \nOnce the agreement is effective, the parties may not appeal the agreement and the complainant may not \nseek to refile the Formal Complaint absent new allegations of misconduct. The parties are expected to \nhonor and comply with the terms of the Alternate Resolution. Noncompliance may be subject to \nproceedings under the Student Code of Conduct. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 32 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n32 \n \nIf the process is terminated and the matter resolved pursuant to the Formal Complaint resolution process, \nneither the Title IX Coordinator nor the parties will disclose to the Hearing Chair, Hearing Panel, or \nAppeal Panel either the fact that the parties had participated in the Alternate Resolution process or any \ninformation learned during the process. \nWhile the parties are exploring Alternate Resolution, the investigation will pause, and the time spent \npursuing resolution in this way will not count toward the investigation time limit. \n \nThere are two available forms of Alternate Resolution: (1) Restorative (\u201cInformal\u201d) Resolution, and (2) \nNegotiated (\u201cFormal\u201d) Resolution. \n25.1 Restorative (\u201cInformal\u201d) Resolution \nThe purpose of a Restorative Resolution is for the parties to agree on a set of remedies. Upon successful \ncompletion of those remedies, the formal complaint will be withdrawn and may not be refiled. Such \nremedies may include: \n\u2022 \nImpact Letter; \n\u2022 \nApology Letter; \n\u2022 \nDirected Study; \n\u2022 \nReflection Paper; and \n\u2022 \nOther forms of Restorative/Transformative Justice. \n25.2 Negotiated (\u201cFormal\u201d) Resolution \nAs a necessary precondition of a Negotiated Resolution, the Respondent must accept responsibility for all \nor part of the alleged prohibited conduct. The parties will then have an opportunity to negotiate with \nTitle IX Coordinator what they believe the appropriate sanction should be. In support of their position, \nparties are encouraged to submit impact/mitigation information they believe the Title IX Coordinator \nshould consider in evaluating any sanction. \n \nThe Title IX Coordinator has the discretion to propose other terms for the resolution that may be \nappropriate to address the prohibited conduct for which the respondent has accepted responsibility. \n \nIf the respondent agrees to an Alternate Resolution that provides for a suspension, withdrawal, or \ndismissal (i.e., expulsion) from the University, there will be a transcript notation consistent with \nUniversity policy. \n26 HEARING, GENERALLY \n26.1 Overview of Hearing Process \nFindings of responsibility and determinations regarding sanctions and remedies are made through a \nhearing process conducted by a three (3) member Hearing Panel and a non-voting Hearing Chair. \nThe hearing is intended to provide the parties with a fair opportunity to present relevant information to \nthe Hearing Panel and enable the Hearing Panel to make informed decisions regarding responsibility and \nsanctions/remedies. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 33 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n33 \n \n \nThe parties are entitled to provide brief written opening statements and oral and written closing \nstatements and to testify. \nThrough a pre-hearing submission process explained below, the parties are also entitled and encouraged \nto propose questions/topics for those testifying. \n \nThe parties will also be asked to submit a written or recorded Impact/Mitigation Statement, which may be \nsubmitted up to the start of the hearing. \n \nThroughout the hearing, the parties with their advisor(s) and support person, if applicable, will be in \nseparate rooms. \nThe parties may not directly address each other during the Hearing. \n \nFormal Complaints that are adjudicated by a Hearing will be adjudicated using one of two hearing \nprocesses: Hearing Process A or Hearing Process B. \nHearings for all Title IX cases and for non-Title IX cases in which the potential sanction may include \nsuspension or dismissal from the University will be conducted using Hearing Process A. All other cases \nwill be adjudicated under Hearing Process B. \n \nThe Title IX Coordinator will make an initial assessment as to the Hearing Process they anticipate using \nand will provide this information with Notice of the Formal Complaint. \nThe final determination regarding Hearing Process will be made prior to the issuance of the Investigative \nReport and Record and communicated in writing to the parties in the investigative report. \n26.2 Presumption of Non-Responsibility, Burden of Proof, and \nStandard of Proof \nThe respondent will be presumed \u201cnot responsible\u201d unless and until a Hearing Panel determines the \nrespondent is responsible. The University bears the burden of proof and the burden of gathering \nevidence sufficient to reach a determination regarding responsibility. \nThe Hearing Panel will determine whether the respondent is responsible by a majority vote using a \npreponderance of the evidence standard. This means that to find the respondent responsible for any \nprohibited conduct, a majority of the Hearing Panel must be satisfied, based upon the hearing record, that \nit is more likely than not that the respondent committed all of the elements of the alleged prohibited \nconduct. If the Hearing Panel does not find the respondent responsible for any prohibited conduct under \nPolicy 6.4, it will dismiss the case. If the Hearing Panel finds that the respondent is responsible under \nPolicy 6.4, it will consider appropriate sanctions and remedies. \n26.3 Positions of Hearing Panel and Hearing Chair \nThe Hearing Panel will include faculty and staff members selected through an appropriate process \nestablished by the University. \n \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 34 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n34 \n \nThe position of Hearing Chair will be filled through an appropriate process established by the University. \nThe Hearing Chair and Hearing Panel members will receive annual training as required by law. \nThe Hearing Chair will provide guidance to the Hearing Panels and serve as a gatekeeper by making \nevidentiary and procedural rulings both prior to and during the hearing. \nThe Hearing Chair will draft the Hearing Panel decision, reflecting the Hearing Panel\u2019s findings of fact \nand rationales for their determinations regarding both responsibility and sanctions and remedies. The \nHearing Chair will obtain the Hearing Panel\u2019s approval before issuing a written decision. \nGiven this significant role, the Hearing Chair will be non-voting. \n26.4 Notice of Hearing \nAt the completion of an investigation, if a case is referred to a Hearing Panel for a hearing, a Notice of \nHearing will be sent to the parties as soon as practicable. The notice will include the charges at issue; a \nbrief summary of the alleged prohibited conduct; the Hearing Process that will be used; and, if \ndetermined, the date, time, and place of the hearing; the name of the Hearing Chair; and the Hearing \nPanel members. \n \nIf the notice does not include the name of the Hearing Chair, Hearing Panel members, or date, time, and \nlocation of the Hearing, the parties will be so notified, in writing, at a later time, prior to the hearing. \n \nAll efforts will be made to provide the Notice of Hearing no later than seven (7) business days prior to the \nhearing and to schedule the hearing as soon as practicable. \n26.5 Hearing Chair or Hearing Panel Member Conflict of Interest \nUpon receipt of written notice of the names of the Hearing Chair and Hearing Panel members,7 if a party \nbelieves that they have a potential conflict of interest with either a Hearing Panel member or Hearing \nChair, the party should notify the Title IX Coordinator, who will forward the notification to the Hearing \nChair. The notification must be in writing, made within two (2) business days of the notice, and include \nfacts substantiating the claim of conflict. The Hearing Chair has discretion whether to remove a member \nof the Hearing Panel or to recuse themselves. \n26.6 Request to Reschedule Hearing \nEither party may request to have a hearing rescheduled. The request may be granted at the discretion of \nthe Hearing Chair. Absent extenuating circumstances, requests to reschedule must be submitted at least \nfive (5) business days prior to the hearing. A request to reschedule a hearing must be supported by a \ncompelling reason. Given the number of individuals involved in a hearing, and the attendant difficulty of \nscheduling and rescheduling them in a timely manner, it may not be possible to accommodate all \nscheduling requests. The Hearing Chair may also reschedule a hearing, without a request by the parties, \nwhen there is reasonable cause to do so. \n \n7 Notice of the Hearing Chair may precede notice of the Hearing Panel members. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 35 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n35 \n \n26.7 Newly Discovered Evidence \nIf, after the issuance of the final investigative record and investigative report and prior to the issuance of \nthe Hearing Panel decision, a party or the investigator seek to present a witness or introduce evidence not \nrequested prior to the hearing and not disclosed to the investigator, the Hearing Chair may grant \nadmission of the evidence such request upon a showing that the witness or evidence is relevant, material, \nnewly discovered, and could not have been discovered during the investigation with due diligence. \nWhere a Hearing Chair permits a party to introduce a newly discovered witness or evidence, the Hearing \nChair will reschedule or adjourn the hearing for the investigator to investigate the newly discovered \nwitness or evidence. \nThe Hearing Chair will also re-open the pre-hearing submission process, as appropriate, so that the \nparties may respond to the new information. \n26.8 Pre-Hearing Submissions by the Parties \nPrior to a hearing, the parties will be asked in writing by the Title IX Coordinator to make certain \ndecisions and requests regarding the conduct of the hearing. This process is designed to ensure that the \nhearing is conducted in as equitable, respectful, and efficient a manner as possible. \nAll Pre-Hearing Submissions are optional but waived if not completed by the stated deadlines, including \nany approved extensions. \n \nThe Hearing Chair has the authority to redact or reject Pre-Hearing Submissions that do not comply with \nthe Procedures, or contain irrelevant content. \nPrior to the hearing, the Title IX Coordinator will distribute each party\u2019s Pre-Hearing Submissions to the \nother party for their review. \n26.8.1 First Pre-Hearing Submission \u2013 Written Opening Statements and \nWitness Requests (Hearing Processes A and B) \nUpon providing the parties with copies of the final investigative record and report, the Title IX \nCoordinator will instruct the parties, in writing, that they have the opportunity to prepare a written \nopening statement and submit a written list of proposed witnesses. \nThe parties will be given five (5) business days for such submissions. \n \nWithin the five (5) business days, the parties may request extensions that may be granted, if reasonable, at \nthe discretion of the Hearing Chair. Any extension granted to one party will be granted to the other party. \nDelays simply to prolong the process will not be permitted. \n26.8.2 Written Opening Statements \nThe parties may prepare a written opening statement, not to exceed 2500 words. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 36 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n36 \n \nThe purpose of the opening statement is for each party to respond to the investigative report (which is \nnot evidence) and record and explain to the Hearing Panel why it should find in the party\u2019s favor. The \nparties may not add, or address information not contained in the investigative record before the Hearing \nPanel, as the Hearing Panel will not consider new information. Nor may the parties address issues that \npertain to sanctions and remedies. The Hearing Panel does not consider these issues when determining \nresponsibility. The parties may appropriately raise such issues in their Impact/Mitigation Statements. \nThe parties should include specific page citations to the final investigative record. \nThese statements must be signed by the parties. \n26.8.3 Witness Requests \nAll interview statements contained in the final investigative record become part of the hearing record and \nare before the Hearing Panel. If a party wants the Hearing Panel to hear directly from a witness or the \nother party, the party must submit a written request within the five (5) business days. The parties may \nrequest only parties or witnesses who were interviewed by the investigator during the investigative \nprocess. \nSuch a request should include: \n \n1. The names of proposed party or witnesses, including the investigator, if they request that the \ninvestigator testify. \n2. For each proposed party or witness, an explanation of why the individual\u2019s presence is relevant \nand helpful to the Hearing Panel in determining responsibility. For example, the party should \nexplain why a party or witness\u2019s in-person testimony is needed in addition to their interview \nstatement in the final investigative record. \nThe Hearing Chair and Hearing Panel will review the parties\u2019 witness requests. After consultation with \nthe Hearing Panel, the Hearing Chair will rule on the parties\u2019 requests and shall grant reasonable requests \nthat will not unduly burden the hearing process with duplicative or unnecessary cumulative testimony. \nThe Hearing Chair, in consultation with the Hearing Panel, may call witnesses not requested by the \nparties. \n \nThere is no second pre-hearing submission in Hearing Process A; however, the parties may, but need not, \npropose questions and/or topics to be addressed by the Hearing Panel with the requested party or \nwitness. By indicating proposed questions and topics at this juncture, the parties will help the Hearing \nChair and Hearing Panel understand why the parties would like to hear from specific individuals. The \nparties may also propose questions and/or topics to be addressed by the Hearing Panel with themselves if \nthe party chooses to testify. The parties, through their advisors, will have the opportunity to ask \nquestions of the other party and the witnesses. \nIn Hearing Process B, there is a second pre-hearing submission and for second pre-hearing submissions \nto be considered, they must follow the requirements in the section below. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 37 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n37 \n \n26.8.4 Second Pre-Hearing Submission \u2013 Questions and Topics (Hearing \nProcess B Only) \nThe parties will be provided with a witness list and informed in writing that they have an opportunity to \npropose, also in writing: \n1. Questions and topics for the witnesses. The parties may: \na. revise and supplement any questions and topics they already submitted and \nb. propose new questions and topics. \n2. Questions and topics for themselves and the other party. The parties are not required to \ncommit to testifying at this juncture but are encouraged to prepare for the eventuality that \nthey and the other party would testify by submitting proposed questions and topics. \n \nThe Hearing Chair will establish a reasonable deadline for the submissions, typically no longer than five \n(5) business days. \n \nWithin the deadline established by the Hearing Chair, the parties may request extensions that may be \ngranted, if reasonable, at the discretion of the Hearing Chair. Any extension granted to one party will be \ngranted to the other party. Delays simply to prolong the process will not be permitted. \nIn exceptional circumstances, the Hearing Chair, in consultation with the Hearing Panel, may permit late \nrequests only where the necessity for such could not have been reasonably anticipated in advance. \n \nThe Hearing Chair, in consultation with the Hearing Panel, will determine which of the parties\u2019 requested \nquestions will be asked or topics covered. \nThe Hearing Chair will approve in substance all questions or topics that are relevant and that are not \nprohibited by these procedures or applicable laws, unduly prejudicial, or cumulative of other evidence. \nAt the hearing, the parties will have an opportunity to propose additional questions and topics. \n \nThe Hearing Panel and Hearing Chair will be permitted to ask their own questions. \n26.9 Impact/Mitigation Statement \nThe parties will be permitted, but not required, to prepare a written or recorded Impact/Mitigation \nStatement relevant to any sanctions. The parties may submit the statement up until the start of a hearing. \nThe statements are distributed to the Hearing Panel and the parties only if the Hearing Panel finds the \nrespondent responsible. The Title IX Coordinator will provide the Impact/Mitigation Statements to the \nparties with a copy of the Hearing Panel\u2019s written decision. \n26.10 Hearing Process and Format \n26.10.1 Overview of Hearing Process and Format \nAll hearings will be private. The only persons present will be the parties, their advisor(s) and support \nperson, witnesses (when testifying), the Hearing Panel and Hearing Chair, the investigator, and any staff \nnecessary for the conduct of the hearing. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 38 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n38 \n \nThe parties with any advisors and support persons will be in separate, private rooms, except the advisor \nresponsible for the examination process may be present in the same room as the party they are \nquestioning. The parties will never be in the same room as each other. \nThe parties will participate remotely via a secure audio-visual connection, with the exception that when a \nparty testifies and gives their oral closing statement, generally, they should do so in the presence of the \nHearing Panel and Hearing Chair; they may be accompanied by their advisors and support persons. \n \nWitnesses may be present only for their own testimony. \nThe Hearing Chair, in consultation with the Hearing Panel, may establish reasonable time limits, rules, \nand format, providing the parties with equal opportunities to participate. The Hearing Chair may \nadjourn the hearing, once commenced, and later reconvene the hearing in consideration of factors \nincluding, but not limited to, the unavailability of a witness, party, Hearing Chair, Hearing Panel \nmember, or needed personnel; inclement weather; or in order to make an evidentiary or procedural \nruling. \n \nThe Hearing Chair may also declare a \u201cmishearing\u201d if the process has become irreparably tainted (e.g., \nprejudicial conduct by an advisor, circumstances during a hearing rendering a panelist unsuitable for the \npanel, etc.). \n \nFormal rules of evidence will not apply. \nEvidence that was excluded or redacted from the investigative record as impermissible under these \nprocedures or applicable law will not be admissible at the hearing. \n \nTypically, the format of the hearing will be as follows: \n\u2022 \nIntroduction by the Hearing Chair. The Hearing Chair will explain the hearing process, address \nany necessary procedural issues, and answer questions. \n\u2022 \nTestimony by the complainant. \n\u2022 \nTestimony by the respondent. \n\u2022 \nTestimony by any witnesses. \n\u2022 \nClosing statements by the complainant followed by the respondent. \nThe Hearing Chair, in consultation with the Hearing Panel, has the discretion to recall a witness for \nadditional testimony. \nIn Hearing Process A, the testimony portions of the hearing also include opportunity for cross- \nexamination conducted by advisors. \n26.10.2 Testimony and Cross-Examination \nTestimony is conducted through a question-and-answer format. \nThe Hearing Chair will ask persons being questioned to affirm that they will testify truthfully. \n \nBoth the complainant and the respondent may testify or decline to testify and may make their election \nwhen their turn to testify arises. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 39 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n39 \n \nIf a party proposes the other party or a witness not on the witness list, but interviewed by the \ninvestigator, the Hearing Chair, in consultation with the Hearing Panel, may grant the request where the \nnecessity for such could not have been reasonably anticipated in advance. The Hearing Chair, in \nconsultation with the Hearing Panel, reserves the right to call a witness not on the witness list but \npreviously interviewed by the investigator. In such case, the parties will be given time to ask or propose \nquestions for the witness. \nThere is a right to cross-examination in both Hearing Processes. However, the type of cross-examination \ndiffers between them. Only relevant cross-examination and other questions may be asked of a party or \nwitness. Questions and evidence about the complainant\u2019s sexual predisposition or prior sexual behavior \nare not relevant, unless such questions and evidence about the complainant\u2019s sexual predisposition or \nprior sexual behavior are offered to prove that someone other than the respondent committed the \nconduct alleged by the complainant, or if the questions and evidence concern specific incidents of the \ncomplainant\u2019s prior sexual behavior with respect to the respondent and are offered to prove consent. \n \nIn Hearing Process A: \n\u2022 \nEach party\u2019s advisor is permitted to ask the parties and any witnesses all relevant questions and \nfollow-up questions, including those challenging credibility. \n\u2022 \nBefore a complainant, respondent, or witness responds to a question by a party\u2019s advisor, the \nHearing Chair must first determine whether the question is relevant and explain any decision to \nexclude a question as not relevant. \n\u2022 \nIf the complainant chooses to testify, the complainant will testify first. Any questioning of the \ncomplainant will be conducted in this order: Hearing Panel and Hearing Chair, the complainant\u2019s \nadvisor and then the respondent\u2019s advisor. After a break, any follow up questioning of the \ncomplainant will be conducted in this same order. \n\u2022 \nIf the respondent chooses to testify, the respondent will testify next. Any questioning of the \nrespondent will be conducted in this order: Hearing Panel and Hearing Chair, the respondent\u2019s \nadvisor and then the complainant\u2019s advisor. After a break, any follow up questioning of the \nrespondent will be conducted in this same order. \n\u2022 \nAny non-party witnesses will testify after any testimony from the parties and in an order that the \nHearing Chair deems appropriate. Any questioning of non-party witnesses will be conducted in \nthis order: Hearing Panel and Hearing Chair, the complainant\u2019s advisor, and then the \nrespondent\u2019s advisor. After a break, any follow up questioning of non-party witnesses will be \nconducted in this same order. \n\u2022 \nWhen parties have multiple advisors present at the Hearing, the Hearing Chair has the right to \nrequire them to select one of them to conduct the cross-examination throughout the Hearing, so \nlong as such requirement is applied equally to the parties. \nIn Hearing Process B: \n \n\u2022 \nQuestioning will primarily be conducted by the Hearing Panel, but the Hearing Chair may \nsupplement the Hearing Panel\u2019s questioning. \n\u2022 \nIn addition to the pre-hearing opportunity to submit questions and topics, at the hearing there is \nan opportunity for additional questions to be proposed for individuals who testify. This \nopportunity occurs after the witness\u2019s initial testimony. The questions are submitted in writing \nand must be approved by the Hearing Chair, in consultation with the Hearing Panel. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 40 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n40 \n \n26.11 Closing Statements \nThe parties may provide both oral and written closing statements. \nA closing statement is an opportunity for the parties to summarize the evidence in the hearing record and \nsuggest inferences and conclusions. \n \nThe parties may not add, or address information not contained in the hearing record, as the Hearing \nPanel will not consider new information. Nor may the parties address issues that pertain to sanctions and \nremedies. The Hearing Panel does not consider these issues when determining responsibility. The parties \nmay appropriately raise such issues in their Impact/Mitigation Statements. \nThe Hearing Chair will establish a time limit for brief oral closing statements, typically around five (5) \nminutes. \n \nThe Hearing Chair will also set the schedule for submission of written closing statements. The parties \nshould assume that deliberations will commence immediately following the hearing, in which case the \nparties will be expected to submit written closing statements shortly after the oral closing statements. If \nthere is an adjournment for deliberations, the Hearing Chair may provide the parties with limited \nadditional time to submit their statements. \nEach party\u2019s written statement will be limited to 2000 words and to the evidence contained in the \ninvestigative record and hearing. The written statements will be distributed to the other party, Hearing \nChair, and Hearing Panel for their review. \nThese statements must be signed by the parties. \n26.12 Deliberations on Findings of Responsibility \nAfter closing arguments, the Hearing Panel may begin its deliberations. Deliberations will be completed \nas expeditiously as possible. \nDeliberations will be in private and they will not be audio-recorded. \nThe Hearing Chair may participate in deliberations but does not vote. \nThe Hearing Panel will make its decision based upon a majority vote. \n26.13 Deliberations on Sanctions and Remedies \nA Hearing Panel that finds the respondent responsible will continue its deliberations to consider \nsanctions and remedies. \nIt will issue its findings on responsibility and sanctions/remedies simultaneously. \n \nPrior to deliberating on sanctions and remedies, the Hearing Chair will distribute to the Hearing Panel \nany written or recorded Impact/Mitigation Statements previously submitted by the parties, subject to any \nredactions required by law. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 41 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n41 \n \nIf the respondent has a Cornell non-academic disciplinary record, a known non-academic disciplinary \nrecord from another institution, or a known criminal conviction, prior to deliberating on sanctions and \nremedies, the Hearing Chair will also distribute to the Hearing Panel a copy of such disciplinary and/or \ncriminal records. (Where an educational record, including a Cornell disciplinary record, is being \nconsidered solely for sanctions, it will not be shared with the complainant.) \nDeliberations will be in private and they will not be audio-recorded. \nDeliberations will be completed as expeditiously as possible. \nThe Hearing Chair may participate in deliberations but may not vote. \nThe Hearing Panel will determine sanctions and remedies by a majority vote. \nIn determining sanctions and remedies, the Hearing Panel will consider: \n\u2022 \nthe severity of the prohibited conduct; \n\u2022 \nthe circumstances of the prohibited conduct; \n\u2022 \nthe impact of the prohibited conduct and sanctions and remedies on the complainant; \n\u2022 \nthe impact of the prohibited conduct and sanctions and remedies on the community; \n\u2022 \nthe impact of the prohibited conduct and sanctions and remedies on the respondent; \n\u2022 \nprior misconduct by the respondent, including the respondent\u2019s previous school disciplinary \nrecord, both at Cornell University and elsewhere, and any criminal convictions; \n\u2022 \nthe goals of Policy 6.4 and these procedures; and \n\u2022 \nany other mitigating, aggravating, or compelling factors. \nThe Hearing Panel may impose one or more of the following sanctions and remedies: \n\u2022 \nMeasures designed to restore or preserve equal access to the University\u2019s educational program or \nactivity, similar in kind to the Supportive Measures specified under these procedures. \n\u2022 \nAppropriate educational steps (such as alcohol or drug education, reflection papers, counseling, \nor directed study). \n\u2022 \nRestrictions or loss of specified privileges at the University for a specified period of time. \n\u2022 \nOral warnings. \n\u2022 \nWritten reprimands. \n\u2022 \nDisciplinary probation for a stated period. \n\u2022 \nSuspension from the University for a stated period not to exceed three (3) years. \n\u2022 \nDismissal (i.e., expulsion) from the University. \nThe Hearing Panel may also recommend to the Title IX Coordinator that the University take measures on \ncampus to remedy the effect or prevent the reoccurrence of such prohibited conduct. \nUnder Hearing Process A, sanctions and remedies will be effective at the conclusion of the Appeal, or at \n10 days after the Hearing Panel decision, if neither of the parties appeals. Under Hearing Process B, they \nwill be effective immediately, unless otherwise specified by the Hearing Panel. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 42 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n42 \n \n26.14 Hearing Panel Decision \nThe Hearing Panel will issue a written decision as expeditiously as possible upon completion of \ndeliberations, and generally within thirty (30) business days from the final date of deliberations. The \nTitle IX Coordinator will provide the written decision to the parties simultaneously and as soon as \npracticable. \nThe decision will include: \n\u2022 \nthe Procedural steps taken during the investigation \n\u2022 \nthe specific prohibited conduct for which the respondent was found responsible and not \nresponsible with identification of the allegations potentially constituting Title IX sexual \nharassment, \n\u2022 \nthe findings of fact and the rationale for the Hearing Panel\u2019s determinations regarding both \nresponsibility and sanctions, \n\u2022 \nwhether remedies designed to restore or preserve equal access to Cornell\u2019s education program or \nactivity will be provided by Cornell to the complainant, \n\u2022 \nany dissenting opinion, \n\u2022 \nsanctions and remedies if the respondent is found responsible, and \n\u2022 \ninstructions and time limits for appeals. \nThe decision may incorporate and reference any portions of the proceedings, including the investigative \nrecord and report, as the Hearing Panel deems appropriate. \nBoth the complainant and the respondent will be informed simultaneously of any sanctions and \nremedies, the date by which the requirements must be satisfied (if applicable), and the consequences of \nfailure to satisfy the requirements. \n \nAfter the Hearing Chair and Hearing Panel receive notification that the appeal process is completed, the \nHearing Chair and Hearing Panel members will securely dispose of any notes they took during the \nhearing. \n26.15 Hearing Record \nAn audio recording will be made of all hearings, but not of deliberations. The parties may listen to the \naudio recording of the hearing during business hours at a secure and private campus location with access \nfacilitated by the Title IX Coordinator. As determined necessary in the discretion of the Title IX \nCoordinator (e.g., while in remote learning and work environments) and subject to restrictions, the audio \nrecording may be provided to the parties to listen to at a secure and private non-campus location. \nIn the event of any failure rendering the audio recording of the hearing inaudible in whole or in part, the \nrecord will be recreated as necessary, whether in its entirety or for any inaudible portions, with input \nfrom the parties, any witnesses whose testimony is at issue, the Hearing Panel, and Hearing Chair. Such \nfailure will not constitute grounds for appeal. \n \nIndividuals appearing before the Hearing Panel, whether as a party or witness, are prohibited from \nrecording any portion of the hearing. \nHearing Panel members are also prohibited from recording any portion of the hearing. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 43 ---\n\"\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n43 \n \nThe Hearing Panel has access to the hearing record. The hearing record will include: the audio recording \nand written transcript of the hearing, the Hearing Panel\u2019s decision, the final investigative record and \nreport, the parties\u2019 pre-hearing submissions, the written witness list, written opening and closing \nstatements, written submissions permitted by these procedures made to the Hearing Chair or during the \nhearing, and if there is a determination of responsibility, the parties\u2019 Impact/Mitigation Statements, and \ninformation concerning the respondent\u2019s prior misconduct. \n27 APPEAL OF A HEARING PANEL DECISION \nBoth the party-complainant and the respondent may appeal a decision of the Hearing Panel. A non-party \ncomplainant may not appeal the decision of the Hearing Panel. \nAll appeals will be heard by a three (3) member Appeal Panel that includes the Provost and the Vice \nPresident for Student and Campus Life as two permanent ex officio members and a member of the \nHearing Panel pool as the third member. \n \nThe member of the Hearing Panel selected to serve on any one Appeal Panel will be selected in the same \nmanner as the members of a Hearing Panel are selected to serve on any one Hearing Panel. However, no \nperson who served on the Hearing Panel will sit on the Appeal Panel in the same case. \nUpon receipt of written notice of the names of the Appeal Panel members, if a party believes that they \nhave a potential conflict of interest with an Appeal Panel member, the party should notify the Title IX \nCoordinator, who will forward the notification to the Appeal Panelist(s). The notification must be in \nwriting, made within two (2) business days of the notice, and include facts substantiating the claim of \nconflict. The Appeal Panelist(s) has discretion whether to recuse themselves. \n \nAll appeals will be based solely upon the appeal record. \n \nThe appeal record will consist of two parts: the hearing record and supplemental materials. The \nsupplemental materials will include the written appeal and the following to the extent that they exist: a \nwritten response to the appeal, content deemed irrelevant or duplicative by the investigator, evidentiary \nmaterials excluded or redacted from the investigative record, newly discovered evidence, \nimpact/mitigation statements, and information concerning the respondent\u2019s prior misconduct. The \nvarious supplemental materials will only be reviewed by the Appeal Panel as needed, including when \nrelevant to the grounds for the appeal, if the Appeal Panel reverses a finding of not responsible, or is \nconsidering the appropriateness of the sanctions or remedies. \n \nAppeals may be brought only upon one or more of the following grounds: \n1. The sanctions or remedies are not commensurate with the injury/violation or are unjust. \n2. A University official or officials, including the Hearing Panel, assigned responsibility for \nperforming specific functions by these procedures, violated the fair application of relevant \nUniversity procedures, and such violation may have had a prejudicial effect upon the outcome. \nThis includes conflict of interest or bias. \n3. A University official or officials, including the Hearing Panel, assigned responsibility for \nperforming specific functions by these procedures, committed an error in interpreting Policy 6.4, \nthese procedures, and such error may have had a prejudicial effect upon the outcome. This \nincludes determinations of jurisdiction and determinations of Hearing Process. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 44 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n44 \n \n4. The Hearing Panel rendered a decision that is clearly erroneous. \n5. New evidence was discovered after the Hearing Panel\u2019s decision that could not have readily been \ndiscovered before the decision and that would have probably changed the outcome. \nA party may commence an appeal by submitting a written statement to the Title IX Coordinator within \nten (10) business days of issuance of the Hearing Panel\u2019s decision. \n \nThe appeal statement must set forth: \n\u2022 \nthe determination(s) being appealed, \n\u2022 \nthe specific ground(s) for the appeal, and \n\u2022 \nthe facts supporting the grounds. \nThe appeal statement will be limited to 3500 words. \n \nFailure to submit an appeal within the ten (10) business days or any approved extension constitutes \nwaiver of the right to appeal. \nWithin the ten (10) business days, the appealing party may request an extension of time by submitting a \nrequest to the Title IX Coordinator explaining the reason(s) for the request. The Appeal Panel will have \ndiscretion to grant such a request upon a finding of good cause for the delay. \n \nA copy of the appeal statement will be provided to the other party, who, within ten (10) business days \nmay submit a written response to the Title IX Coordinator. The response should address both the specific \nground(s) for appeal set forth in the appealing party\u2019s statement and the specific facts asserted by the \nappealing party. The response will be limited to 2500 words. \nThe Appeal Panel will establish a reasonable schedule for issuing a written decision, typically no later \nthan thirty (30) business days after receipt of the non-appealing party\u2019s submission or the time for \nsubmission has expired. \nThe decision of the Appeal Panel will be final and binding on all parties. \n \nThe decision must be by a majority vote of the Appeal Panel and will include the rationale and any \ndissenting opinion. \nFindings of fact will not be set aside unless clearly erroneous. \nHarmless error will be ignored. \nThe Appeal Panel may affirm the decision of the Hearing Panel or sustain any of the above-specified \ngrounds for appeal, in which case the Appeal Panel may: \n\u2022 \nreverse a finding; \n\u2022 \nchange a sanction or remedy; \n\u2022 \nremand a case to the original Hearing Panel for clarification or reconsideration consistent with \nthe Appeal Panel\u2019s decision, if doing so would assist with a timely, practicable, and efficient \nresolution of the case; \n\u2022 \nremand a case for a new hearing to either the original Hearing Panel or a newly composed \nHearing Panel; or \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 45 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n45 \n \n\u2022 \nremand a case for a new or additional investigation, followed by an adjudication consistent with \nthese procedures, to either the original investigator or to a new investigator. \nIf the Appeal Panel reverses a finding of not responsible, the Appeal Panel must also determine the \nsanctions and remedies to be included in their written decision. If the Impact/Mitigation Statements have \nnot previously been distributed, they would be distributed to both parties only upon a finding of \nresponsibility, and, in that instance, when the Title IX Coordinator distributes the Appeal Panel\u2019s written \ndecision to the parties. \nIf the Appeal Panel calls for the admission of new evidence, if possible, it will remand the case to the \nHearing Panel from which it originated for a new hearing. \n \nUpon remand from the Appeal Panel, as necessary and possible, a Hearing Panel may remand a case to \nthe investigator from which it originated for further investigation. \n28 REQUEST FOR A STAY PENDING APPEAL \nIn Formal Complaints using Hearing Process B, only, the Appeal Panel has discretion to stay any \nsanctions pending a final decision on the appeal. The Appeal Panel may, but is not required to, stay a \nsanction where the appealing party demonstrates the need for a stay by a clear showing. \n \nAn application for a stay must be submitted to the Title IX Coordinator. The Title IX Coordinator will \nprovide a copy of the stay application to the Appeal Panel and the other party, who is entitled to respond \nto the stay application by submitting to the Title IX Coordinator a written response. \nThe Appeal Panel will set a reasonable timeline for handling the stay application, including a deadline for \nthe other party to respond to the stay application. \n \nThe Appeal Panel has discretion to reconsider its decision on a stay at any time during the appeal. \nThe stay expires at the conclusion of the appeal. \n \n29 TRANSCRIPT NOTATIONS AND WITHHOLDING \nDEGREES \nPursuant to the Office of the University Registrar transcript notation policy for student conduct matters, \nthe following actions will result in a permanent transcript notation for a student: \n\u2022 \ndismissal (i.e., expulsion) after a finding of responsibility; \n\u2022 \nsuspension after a finding of responsibility; and \n\u2022 \nwithdrawal from the University while a Formal Complaint is pending. \nIf the underlying finding of responsibility is vacated for any reason, the transcript notation will be \nremoved. \n \nThe University may withhold awarding a degree otherwise earned until the adjudication process set forth \nin these procedures is complete, including the satisfaction of any sanctions imposed.8 \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 46 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n46 \n \nThe University will temporarily note the respondent\u2019s transcript if the respondent has been temporarily \nsuspended pursuant to these procedures. This temporary notation may not be appealed and will be \nremoved upon resolution of the temporary suspension. \n30 RESTORING RESPONDENT\u2019S REPUTATION UPON A \nDISMISSAL OF A FORMAL COMPLAINT \nUpon completion of all proceedings, including any appeals, if a Formal Complaint has been dismissed, \nwhere appropriate, the Title IX Coordinator will attempt to restore the reputation of the respondent. To \nthe extent permissible by law and University policy, the Title IX Coordinator may take such steps as \ndeleting records and, unless the respondent prefers otherwise, notifying persons who participated in the \nproceedings of the dismissal and/or making a public announcement of the outcome. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n8 To ensure these procedures are fully compliant with federal Title IX regulations, the University currently does not \nwithhold the awarding of degrees otherwise earned until the adjudication process set forth in these procedures is \ncomplete. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026","text":"--- Page 1 ---\n+\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n \n \n \nProcedures for Resolution of Reports Against Students Under Cornell \nUniversity Policy 6.4 for the Following Acts of Prohibited Conduct: \n\u25cf \nAiding Prohibited Conduct; \n\u25cf \nAttempting to Commit Prohibited Conduct; \n\u25cf \nDating and Domestic Violence; \n\u25cf \nRetaliation; \n\u25cf \nSexual Assault; \n\u25cf \nSexual Exploitation; \n\u25cf \nSexual Harassment and Sex/Gender-Based Harassment; \n\u25cf \nStalking; and \n\u25cf \nViolating a Supportive Measure and/or Temporary Suspension \nThese procedures apply to all units of the University except for Weill Cornell Medicine, which \nwill administer Policy 6.4 under Weill Cornell Medicine procedures. \nCI2026-07229\nIndex # : EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 2 ---\n/\"\n8\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n2 \n \nTable of Contents \n1 \nDEFINITION OF FORMAL COMPLAINT AND REPORT ....................................................................... 4 \n2 \nDESIGNATION AS COMPLAINANT AND RESPONDENT .................................................................. 4 \n3 \nDEFINITIONS OF PROHIBITED CONDUCT ............................................................................................ 4 \n3.1 \nAiding Prohibited Conduct .................................................................................................................... 4 \n3.2 \nAttempting to Commit Prohibited Conduct ........................................................................................ 4 \n3.3 \nDating and Domestic Violence .............................................................................................................. 5 \n3.4 \nRetaliation .................................................................................................................................................. 5 \n3.5 \nSexual Assault ........................................................................................................................................... 5 \n3.6 \nSexual Exploitation ................................................................................................................................... 7 \n3.7 \nSexual and Sex/Gender-Based Harassment ......................................................................................... 7 \n3.8 \nStalking ...................................................................................................................................................... 8 \n3.9 \nViolating a Supportive Measure and/or Temporary Suspension .................................................... 8 \n4 \nEFFECTIVE DATE OF THESE PROCEDURES ........................................................................................... 8 \n5 \nDEFINITION OF STUDENT .......................................................................................................................... 9 \n6 \nJURISDICTION ................................................................................................................................................. 9 \n7 \nTIME LIMIT TO FILE FORMAL COMPLAINTS ....................................................................................... 9 \n8 \nCOMPUTATION OF DEADLINES ............................................................................................................. 10 \n9 \nTHE UNIVERSITY\u2019S RESPONSE TO A REPORT OF PROHIBITED CONDUCT ............................ 10 \n9.1 \nInitial Assessment .................................................................................................................................. 10 \n9.1.1 \nWhere the Complainant\u2019s Identity Is Known ........................................................................... 10 \n9.1.2 \nWhere the Complainant\u2019s Identity Is Unknown ...................................................................... 12 \n9.2 \nThe University\u2019s Actions Following an Initial Assessment ............................................................ 12 \n9.2.1 \nWhere the Complainant Seeks Resolution Under These Procedures ................................... 12 \n9.2.2 \nWhere the Complainant Requests That No Formal Complaint Be Pursued Under These \nProcedures ....................................................................................................................................... 12 \n9.2.3 \nUniversity Determination That the Complainant\u2019s Request(s) Can Be Honored .............. 13 \n9.2.4 \nUniversity Determination That the Complainant\u2019s Request(s) Cannot Be Honored ........ 13 \n10 \nNOTICE TO COMPLAINANT AND RESPONDENT OF UNIVERSITY ACTIONS ........................ 14 \n11 \nADVISORS AND SUPPORT PERSONS .................................................................................................... 14 \n12 \nWRITTEN SUBMISSIONS ........................................................................................................................... 15 \n13 \nPRESERVATION OF INFORMATION AND TANGIBLE MATERIAL .............................................. 15 \n14 \nOBLIGATION TO PROVIDE TRUTHFUL INFORMATION ................................................................ 16 \n15 \nDUTY TO COOPERATE ................................................................................................................................ 16 \n16 \nSUPPORTIVE MEASURES AND TEMPORARY SUSPENSIONS ........................................................ 16 \n16.1 \nOverview of Supportive Measures ...................................................................................................... 16 \n16.2 \nExamples of Supportive Measures ...................................................................................................... 17 \n16.3 \nIssuance of Supportive Measures ........................................................................................................ 17 \n16.4 \nAssistance with Orders of Protection .................................................................................................. 18 \n16.5 \nRequested Review of Title IX Coordinator\u2019s Decisions Regarding Supportive Measures ....... 18 \n16.6 \nTemporary Suspensions Pending Resolution ................................................................................... 19 \n16.7 \nReview of Temporary Suspensions ..................................................................................................... 19 \n17 \nPENDING CRIMINAL INVESTIGATIONS ............................................................................................. 20 \n18 \nNOTICE TO PARTIES UPON THE ISSUANCE OF A FORMAL COMPLAINT .............................. 20 \n19 \nPATHWAYS FOR RESOLUTION OF A FORMAL COMPLAINT ........................................................ 21 \n20 \nDETERMINATION OF HEARING PROCESS A OR HEARING PROCESS B AND WHETHER \nTITLE IX APPLIES .......................................................................................................................................... 21 \n21 \nTHE PARTIES\u2019 PARTICIPATION IN THE INVESTIGATION AND HEARING ............................. 22 \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 3 ---\n/\"\n8\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n3 \n \n21.1 \nDeclining to Participate in the Investigation ..................................................................................... 22 \n21.2 \nDeclining to Attend or Participate in the Hearing ............................................................................ 23 \n22 \nDISMISSAL OF A FORMAL COMPLAINT AND/OR DETERMINATION WHETHER TITLE IX \nAPPLIES ............................................................................................................................................................ 23 \n23 \nCONSOLIDATION OF REPORTS, FORMAL COMPLAINTS, AND HEARINGS UNDER THESE \nPROCEDURES ................................................................................................................................................. 24 \n24 \nINVESTIGATIONS OF A FORMAL COMPLAINT ................................................................................. 25 \n24.1 \nOverview of Investigations of a Formal Complaint ......................................................................... 25 \n24.2 \nTime Frame of and Time Limitations During the Investigation .................................................... 25 \n24.3 \nInvestigative Interview Process ........................................................................................................... 26 \n24.4 \nEvidentiary Materials ............................................................................................................................. 27 \n24.5 \nExpert Testimony and Materials .......................................................................................................... 27 \n24.6 \nEvidence to be Excluded or Redacted from the Record ................................................................... 27 \n24.7 \nDraft Investigative Record and the Parties\u2019 Review ......................................................................... 28 \n24.8 \nFinal Investigative Record and Investigative Report ....................................................................... 29 \n24.9 \nThreshold Determination by Investigator and Review by Hearing Panel ................................... 29 \n25 \nALTERNATE RESOLUTION OF A FORMAL COMPLAINT ................................................................ 30 \n25.1 \nRestorative (\u201cInformal\u201d) Resolution ................................................................................................... 32 \n25.2 \nNegotiated (\u201cFormal\u201d) Resolution ....................................................................................................... 32 \n26 \nHEARING, GENERALLY .............................................................................................................................. 32 \n26.1 \nOverview of Hearing Process ............................................................................................................... 32 \n26.2 \nPresumption of Non-Responsibility, Burden of Proof, and Standard of Proof .......................... 33 \n26.3 \nPositions of Hearing Panel and Hearing Chair ................................................................................. 33 \n26.4 \nNotice of Hearing ................................................................................................................................... 34 \n26.5 \nHearing Chair or Hearing Panel Member Conflict of Interest ....................................................... 34 \n26.6 \nRequest to Reschedule Hearing ........................................................................................................... 34 \n26.7 \nNewly Discovered Evidence ................................................................................................................. 35 \n26.8 \nPre-Hearing Submissions by the Parties ............................................................................................ 35 \n26.8.1 \nFirst Pre-Hearing Submission \u2013 Written Opening Statements and Witness Requests \n(Hearing Processes A and B) ........................................................................................................ 35 \n26.8.2 \nWritten Opening Statements ....................................................................................................... 35 \n26.8.3 \nWitness Requests ........................................................................................................................... 36 \n26.8.4 \nSecond Pre-Hearing Submission \u2013 Questions and Topics (Hearing Process B Only) ....... 37 \n26.9 \nImpact/Mitigation Statement ................................................................................................................ 37 \n26.10 Hearing Process and Format ................................................................................................................. 37 \n26.10.1 \nOverview of Hearing Process and Format ................................................................................. 37 \n26.10.2 \nTestimony and Cross-Examination ............................................................................................. 38 \n26.11 Closing Statements ................................................................................................................................. 40 \n26.12 Deliberations on Findings of Responsibility .................................................................................... 40 \n26.13 Deliberations on Sanctions and Remedies......................................................................................... 40 \n26.14 Hearing Panel Decision ......................................................................................................................... 42 \n26.15 Hearing Record ....................................................................................................................................... 42 \n27 \nAPPEAL OF A HEARING PANEL DECISION ......................................................................................... 43 \n28 \nREQUEST FOR A STAY PENDING APPEAL ........................................................................................... 45 \n29 \nTRANSCRIPT NOTATIONS AND WITHHOLDING DEGREES ........................................................ 45 \n30 \nRESTORING RESPONDENT\u2019S REPUTATION UPON A DISMISSAL OF A FORMAL \nCOMPLAINT ................................................................................................................................................... 46 \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 4 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n4 \n \n1 DEFINITION OF FORMAL COMPLAINT AND REPORT \nA \u201cFormal Complaint\u201d of prohibited conduct is a written document signed by a complainant alleging \nspecific prohibited conduct by a respondent and initiating the resolution process under the Procedures, \nor a similar written document signed by a university official on behalf of the university. A \u201creport\u201d of \nprohibited conduct differs from a Formal Complaint. A report occurs when the Title IX Coordinator \nbecomes aware of an alleged incident of prohibited conduct. \n2 DESIGNATION AS COMPLAINANT AND RESPONDENT \nA person who initiates a Formal Complaint of prohibited conduct under these procedures will be \ndesignated as a \u201cparty complainant\u201d or \u201ccomplainant.\u201d A student against whom such a report or Formal \nComplaint has been made will be designated as the \u201crespondent.\u201d Both the complainant and respondent \nare referred to as \u201cparty\u201d or \u201cparties\u201d throughout these procedures. \nA person who is the subject of a report and does not wish to initiate a Formal Complaint is called a \u201cnon- \nparty complainant\u201d when the Title IX Coordinator initiates a Formal Complaint on the University\u2019s behalf \n(See Section 9.2.2). During the investigation, adjudication, and appeal of the Formal Complaint, non-party \ncomplainants are treated as witnesses - not as parties - to the Formal Complaint, with limited exceptions. \nNon-party complainants may have an advisor and support person present at all meetings with the \nCornell Office of Civil Rights. Additionally, non-party complainants may submit impact/mitigation \nstatements prior to the Hearing (See Section 26.9). \nA non-party complainant will not be permitted to review the Investigative Report or Record, make pre- \nHearing submissions, observe the respondent or witnesses\u2019 testimony at the Hearing, pose follow-up \nquestions or have their advisor conduct cross-examination, or appeal the determination of the Hearing \nPanel. The agreement of a non-party complainant is not necessary to resolve a University Complaint via \nAlternate Resolution. \nSupportive Measures are available to all complainants, regardless of whether they initiate a Formal \nComplaint, and respondents in accordance with Section 16 of these Procedures (\u201cSupportive Measures \nand Temporary Suspensions\u201d). \n3 DEFINITIONS OF PROHIBITED CONDUCT \n3.1 Aiding Prohibited Conduct \nA person aids prohibited conduct if, with the intent to promote or facilitate such conduct, that person \nhelps another person commit the prohibited conduct. \n3.2 Attempting to Commit Prohibited Conduct \nA person attempts to commit prohibited conduct if, with the intent to commit such conduct, that person \nengages in conduct directly tending toward completion of the prohibited conduct. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 5 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n5 \n \n3.3 Dating and Domestic Violence \nDating and domestic violence is any intentional act or threatened act of violence against the complainant \ncommitted by (1) a person who is or has been in a social relationship of a romantic or intimate nature \nwith the complainant1; (2) a current or former spouse or intimate partner; (3) a person with whom the \ncomplainant shares a child; or (4) anyone who is considered a respondent under the domestic or family \nviolence laws of New York. \nDating and domestic violence also includes behavior that seeks to establish power and control over the \ncomplainant by causing the complainant to fear violence to themselves or another person. Such behavior \nmay take the form of harassment, property damage, intimidation, and violence or a threat of violence to \none\u2019s self (i.e., the respondent) or a third party. It may involve one act or an ongoing pattern of behavior. \n3.4 Retaliation \nRetaliation is adverse action taken against an individual with the purpose of interfering with an \nindividual\u2019s rights under these procedures, including for making a good faith report of prohibited \nconduct, for participating in an investigation, proceeding, or hearing, or for refusing to participate in an \ninvestigation, proceeding, or hearing under these procedures. Retaliation may include intimidation, \nthreats, coercion, discrimination, or adverse employment or educational actions. Retaliation may be \nfound even when an underlying report made in good faith was not substantiated. Retaliation may be \ncommitted by the respondent, the complainant, or any other individual or group of individuals. \nRetaliation does not include good faith actions pursued in response to a report of prohibited conduct. \n3.5 Sexual Assault \nSexual assault is (1) sexual intercourse or (2) sexual contact (3) without affirmative consent. \n1. Sexual intercourse: Sexual intercourse means any penetration, however slight, with any object or \nbody part, as follows: (a) penetration of the vulva by a penis, object, tongue, or finger; (b) anal \npenetration by a penis, object, tongue, or finger; and (c) any contact, no matter how slight, \nbetween the mouth of one person and the genitalia of another person. \n2. Sexual contact: Sexual contact means intentional sexual touching, however slight, with any object \nor body part, whether directly or through clothing, as follows: (a) intentional touching of the lips, \nbreasts, buttocks, groin, genitals, inner thigh, or anus or intentionally touching another with any \nof these body parts; (b) making another touch anyone or themselves with or on any of these body \nparts; and (c) intentional touching of another\u2019s body part for the purpose of sexual gratification, \narousal, humiliation, or degradation. \n3. Affirmative consent: Affirmative consent is a knowing, voluntary, and mutual decision among all \nparticipants to engage in sexual activity. Consent can be given by words or actions, as long as \nthose words or actions create clear permission regarding willingness to engage in the sexual \nactivity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition \nof consent does not vary based upon a participant's sex, sexual orientation, gender identity, or \ngender expression. \n \n1 Consistent with the Violence Against Women Act (VAWA), for reporting purposes under the Clery Act, the University will \nevaluate the existence of an intimate relationship based upon the complainant\u2019s statement, taking into consideration the length of \nthe relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 6 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n6 \n \nThe following are principles that apply to the above definition of affirmative consent: \n \n\u25cf \nConsent to any sexual act or prior consensual sexual activity does not necessarily constitute \nconsent to any other sexual act. \n\u25cf \nConsent is required regardless of whether the person initiating the act is under the influence of \ndrugs and/or alcohol. \n\u25cf \nConsent may be withdrawn at any time. \n\u25cf \nWhen affirmative consent is withdrawn or can no longer be given, sexual activity must stop. \n\u25cf \nA person is incapable of affirmative consent when they are: \no \nLess than seventeen years of age; \no \nMentally disabled (a person is mentally disabled when their normal cognitive, emotional, \nor behavioral functioning renders them incapable of appraising their conduct); or \no \nIncapacitated. \n\u25cf \nA person is incapacitated when they lack the ability to choose knowingly to participate in sexual \nactivity. \no \nA person is incapacitated when they are unconscious, asleep, involuntarily restrained, \nphysically helpless, or otherwise unable to provide consent. \no \nSomeone who is under the influence of alcohol, drugs, or other intoxicants may be \nincapacitated and therefore unable to consent depending on the level of intoxication. \no \nAffirmative consent cannot be gained by taking advantage of the incapacitation of \nanother. In evaluating responsibility in cases of alleged incapacitation, the fact finder \nasks two questions: (1) did the respondent know that the complainant was incapacitated? \nIf not, (2) should a sober, reasonable person in the respondent\u2019s situation have known \nthat the complainant was incapacitated? If the answer to either of these questions is \n\u201cyes,\u201d affirmative consent was absent. \no \nIf the fact finder determines based on a preponderance of the evidence that both parties \nwere incapacitated, the person who initiated the sexual activity alleged to be \nnonconsensual due to incapacity is at fault. \n\u25cf \nConsent cannot be given when it is the result of any coercion, intimidation, force, or threat of \nharm. \no \nExamples of coercion and intimidation include using physically or emotionally \nmanipulative conduct against the complainant or expressly or implicitly threatening the \ncomplainant or a third party with negative actions that would compel or induce a \nreasonable person in the complainant\u2019s situation to engage in the sexual activity at issue. \nExamples of sexual coercion include statements such as \u201cI will ruin your reputation,\u201d or \n\u201cI will tell everyone,\u201d or \u201cyour career (or education) at Cornell will be over\u201d or \u201cI will \npost an image of you naked.\u201d \no \nExamples of force or a threat of harm include using physical force or a threat, express or \nimplied, that would place a reasonable person in the complainant\u2019s situation in fear of \nphysical harm to, or kidnapping of, themselves or another person. \nSexual Assault can also be nonforcible sexual intercourse between persons who are related to each other \nwithin the degrees wherein marriage is prohibited by law. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 7 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n7 \n \n3.6 Sexual Exploitation \nSexual Exploitation is intentionally engaging in any of the following: \n\u2022 \nObserving another person when that person is nude or engaged in sexual activity without the \nknowledge and consent of the person observed or allowing another to observe consensual sexual \nactivity without the knowledge and consent of all parties involved; \n\u2022 \nMaking, sharing, posting, streaming or otherwise distributing any image, photography, video, or \naudio recording depicting or otherwise recording another person when that person is nude or \nengaged in sexual activity without the knowledge and consent of the person depicted or \nrecorded; \n\u2022 \nExposing one's genitals to another person without the consent of that person; \n\u2022 \nExposing another person to a sexually transmitted infection without the knowledge and consent \nof the person exposed; and \n\u2022 \nCausing another person to become incapacitated with the intent of making that person \nvulnerable to nonconsensual sexual assault or sexual exploitation. \n3.7 Sexual and Sex/Gender-Based Harassment \nSexual Harassment and Sex/Gender-Based Harassment is unwelcome conduct on the basis of sex \ndetermined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively \ndenies a person equal access to the University\u2019s education programs or activities. \n \nSuch conduct includes sexual advances, requests for sexual favors, or other unwanted conduct of a sexual \nnature, which may include acts of aggression, intimidation, or hostility, whether verbal, nonverbal, \ngraphic, physical, or otherwise. \nSex/Gender-Based Harassment is harassment based on sex, sexual orientation, gender identity, or gender \nexpression, which may include acts of aggression, intimidation, or hostility, whether verbal, nonverbal, \ngraphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature. \n \nIn evaluating whether a hostile environment exists, the University will consider the totality of known \ncircumstances, including, but not limited to: \n\u2022 \nThe frequency, nature, and severity of the conduct; \n\u2022 \nWhether submission to or rejection of such conduct was made, either explicitly or implicitly, a \nterm or condition of a person\u2019s participation in any University programs or activities; \n\u2022 \nWhether the conduct was physically threatening; \n\u2022 \nThe effect of the conduct on the complainant\u2019s mental or emotional state; \n\u2022 \nWhether the conduct was directed at more than one person; \n\u2022 \nWhether the conduct arose in the context of other discriminatory conduct; \n\u2022 \nWhether there is a power differential between the parties; and \n\u2022 \nWhether the conduct implicates concerns related to academic freedom or protected speech. \nBased on individual facts and circumstances the following may be examples of sexual and sex/gender- \nbased harassment: \n\u2022 \nDiscussing someone else\u2019s or one\u2019s own personal sexual fantasies, preferences or history; \n\u2022 \nUnwelcome touching of a person's body, including massaging; \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 8 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n8 \n \n\u2022 \nRepeatedly asking for a date from a person who has communicated they are not interested; \n\u2022 \nand/or creating a list that ranks a person\u2019s attractiveness or sexuality. \nThis list is not meant to be exhaustive, and whether these actions constitute sexual harassment may \ndepend on a number of factors around the context of the conduct, including the relationship between the \nparties. \n \nTypically, a single verbal comment will not be considered sufficiently \"severe.\u201d \nBecause of protections afforded by academic freedom, speech and other expression occurring in the \ncontext of instruction or research will not be considered sexual or sex/gender-based harassment unless \nthis speech or expression also meets one or both of the following criteria: \n\u2022 \nit is meant to be either abusive or humiliating toward a specific person or persons, or \n\u2022 \nit persists despite the reasonable objection of the person or persons targeted by the speech. \n3.8 Stalking \nStalking is engaging in a course of conduct directed at a specific person that would cause a reasonable \nperson to (a) fear for their safety or the safety of others or (b) suffer substantial emotional distress. \n\u2022 \nCourse of conduct means two or more acts, including but not limited to, acts in which the stalker \ndirectly, indirectly, or through third parties, by any action, method, device, or means, follows, \nmonitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a \nperson\u2019s property. \n\u2022 \nReasonable person means a reasonable person under similar circumstances and with similar \nidentities to the complainant.2 \n \n\u2022 \nSubstantial emotional distress means significant mental suffering or anguish that may, but does \nnot necessarily, require medical or other professional treatment or counseling. \n3.9 Violating a Supportive Measure and/or Temporary Suspension \nA person violates a Supportive Measure and/or Temporary Suspension if it is an order by a University \nofficial and the person to whom the order applies knowingly violates any of the conditions of the order. \nOne common example of an order by a University official is a \u201cno-contact\u201d order. Alleged violations of \nSupportive Measures and/or Temporary Suspensions issued under Policy 6.4 are subject to resolution \nunder these procedures. \n4 EFFECTIVE DATE OF THESE PROCEDURES \nThe effective date of these procedures is August 1, 2016. \n \nThe definitions of prohibited conduct in existence at the time of the alleged conduct will be used. \nHowever, the procedures in effect at the time a Formal Complaint is signed will be used to investigate \nand resolve the Formal Complaint, regardless of when the alleged conduct occurred. \n \n2 This definition is consistent with VAWA. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 9 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n9 \n \n5 DEFINITION OF STUDENT \nThe term \u201cstudent\u201d includes: Undergraduate, graduate, medical, veterinary, and professional students \nupon their commencement of attendance, defined as the earliest of: the first day of the term for which \nthey were admitted; their first day residing in a university residence hall; the first day of a university- \nsponsored pre-orientation trip, activity, or academic program for which they are participating; or on the \nfirst day of a graduate assistantship for the first semester/term for which they were admitted. A student\u2019s \nstatus ends when a student withdraws or is withdrawn from the University, is dismissed (expelled) from \nthe University, or they graduate. Individuals participating in non-credit bearing programs or who attend \nclass(es) on a non-credit basis, and individuals who attend class(es) at the University on a for-credit basis \nwhile still an elementary, middle, or high school student, or foreign equivalent, are not students for the \npurposes of these procedures.3 \n6 JURISDICTION \nThese procedures will apply to alleged prohibited conduct by a student on any campus of the University, \non any other property or facility used by it for educational purposes, or on property owned or controlled \nby a University-related residential organization, student organization, sorority, or fraternity that is \nofficially recognized by or registered with the University. 4 \nAll actions by a student that involve the use of the University computing and network resources from a \nremote location, including but not limited to accessing email accounts, will be deemed to have occurred \non campus. \n \nThese procedures also will apply regardless of the location of the alleged prohibited conduct where the \nPresident or their designated representative in the Cornell Office of Civil Rights determines that either: \n\u2022 \nthe alleged prohibited conduct has occurred in the context of a University education program or \nactivity; or \n\u2022 \nthe alleged prohibited conduct poses a substantial threat to the University\u2019s educational mission, \nsuch as an allegation of serious misconduct by a Cornell student against a non-Cornell affiliated \nindividual, or to the health or safety of University community members, including potentially \ncontributing to or creating a hostile environment on any campus of the University. \nA jurisdictional challenge shall be deemed waived if not raised by the appeal stage under these \nProcedures. \n7 TIME LIMIT TO FILE FORMAL COMPLAINTS \nTo promote timely and effective review, the University strongly encourages complainants and other \npersons with knowledge of possible violations of this policy to make reports as soon as possible, ideally \nwithin one year of the alleged prohibited conduct. A delay in reporting may affect the University's ability \n \n3 For complaints against graduate or undergraduate teaching or research assistants arising out of performance of academic \nassignments, Policy 6.4 procedures governing employees apply. \n4 These procedures apply to all units of the University except for Weill Cornell Medicine, which will administer Policy 6.4 under \nWeill Cornell Medicine procedures. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 10 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n10 \n \nto gather relevant and reliable information, contact witnesses, investigate thoroughly, and respond \nmeaningfully. It may also affect the University\u2019s ability to take disciplinary action against a student who \nhas engaged in prohibited conduct. \nWhile prompt reporting is encouraged, the University will consider as timely any Formal Complaint that \nis filed under these procedures as long as the respondent is a \u201cstudent,\u201d as defined by these procedures, \n(e.g., has not graduated or permanently left the University). \n \nIf the respondent is no longer a student at the time of the Formal Complaint, and the University is, thus, \nunable to pursue resolution, it will still seek to meet its Title IX obligations by providing support for the \ncomplainant and, as feasible, taking appropriate steps to end any prohibited conduct, prevent its \nrecurrence, and address its effects. \n8 COMPUTATION OF DEADLINES \nIn computing any time period specified in these procedures, the day of the event, act, or default that \ninitiates the period will be excluded. \n9 THE UNIVERSITY\u2019S RESPONSE TO A REPORT OF \nPROHIBITED CONDUCT \nWhen the University has actual knowledge of alleged prohibited conduct under these Procedures, it will \nrespond promptly and reasonably in light of the known circumstances. The University will treat \ncomplainants and respondents equitably by offering Supportive Measures to each and by following the \ngrievance process set forth in these Procedures before the imposition of any disciplinary sanctions or \nother actions (that are not Supportive Measures or temporary suspension) against a respondent. \n9.1 Initial Assessment \nUpon receipt of a report of alleged prohibited conduct by a student, the Title IX Coordinator5 will make \nan initial assessment of the reported information and respond to any immediate health or safety concerns \nraised by the report. The steps in an initial assessment vary based on whether the identity of the \ncomplainant is known. \n9.1.1 Where the Complainant\u2019s Identity Is Known \nWhere the identity of the complainant is known, the Title IX Coordinator will ensure that the \ncomplainant receives a written explanation of all available resources and options and an opportunity to \nmeet promptly to discuss those resources and options. \n \n \n \n5 Throughout these procedures, various University officials, such as the Title IX Coordinator, are assigned responsibility for \nperforming specific functions. Named officials are authorized to delegate responsibility to other appropriate University officials and \nnon-university consultants except where such delegation contravenes University policy. Additionally, named officials and their \ndesignees may consult with appropriate University officials, the Office of University Counsel, and subject-matter experts. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 11 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n11 \n \nIn the initial assessment and meeting or correspondence with the complainant, the Title IX Coordinator \nwill: \n\u2022 \nAssess the complainant\u2019s safety and well-being and offer the University\u2019s support and assistance \nthrough available resources; \n\u2022 \nInform the complainant that the Title IX Coordinator will maintain the complainant\u2019s privacy to \nthe greatest extent possible and disclose information only as necessary pursuant to these \nprocedures; \n\u2022 \nInform the complainant of their right to seek medical treatment (including a sexual assault \nforensic examination) and explain the importance of obtaining evidence and preserving forensic \nand other evidence; \n\u2022 \nInform the complainant of their right to contact law enforcement, be assisted by University \nofficials in contacting law enforcement, or decline to contact law enforcement, and their right to \nseek a protective order; \n\u2022 \nInform the complainant that the criminal justice system uses different standards of proof and \nevidence than these procedures and that any questions about whether the reported prohibited \nconduct constitutes a penal law violation should be addressed by law enforcement; \n\u2022 \nInform the complainant about University and community resources, including counseling, \nhealth, and mental health services; victim advocacy; procedural advocacy; legal resources; visa \nand immigration assistance; student financial aid; and other resources both on campus and in the \ncommunity, and how to request or contact such resources; \n\u2022 \nInform the complainant of the right to seek appropriate and available Supportive Measures and \nhow to request such measures and consider the complainant\u2019s wishes with respect to Supportive \nMeasures with or without the filing of a formal complaint (See Section 16 \u201cSupportive Measures \nand Temporary Suspensions\u201d); \n\u2022 \nEnsure the complainant is aware of their right to an advisor; \n\u2022 \nInform the complainant of the right to file a Formal Complaint and seek resolution (by Hearing \nor Alternate Resolution) under these procedures; provide the complainant with an overview of \nthese procedures, including supportive measures; and inform the complainant of the right to \nwithdraw a Formal Complaint at any time prior to resolution and to decline or discontinue \nresolution under these procedures at any time, including that declining to participate in an \ninvestigation and/or Hearing under these procedures may limit the University\u2019s ability to \ninvestigate meaningfully and respond to a report of prohibited conduct; \n\u2022 \nAs possible and appropriate, ascertain the complainant\u2019s preference for pursuing Formal \nComplaint, supportive measures, or neither under these procedures, and discuss with the \ncomplainant any concerns or barriers to participating in any investigation and resolution process \nunder these procedures; \n\u2022 \nExplain that the University prohibits retaliation, that retaliation constitutes prohibited conduct \nunder these procedures, and that the University will take appropriate action in response to any \nact of retaliation; \n\u2022 \nInform the complainant of their rights afforded under the Student Bill of Rights & Your Rights \nStatement; and \n\u2022 \nCommunicate with appropriate University officials to determine whether the report triggers any \nClery Act obligations, including the issuance of a timely warning, and take steps to meet those \nobligations. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 12 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n12 \n \n9.1.2 Where the Complainant\u2019s Identity Is Unknown \nWhere a report is filed but the identity of the complainant is unknown, the Title IX Coordinator will \nassess the nature and circumstances of the report, including whether it provides information that \nidentifies the potential complainant, the potential respondent, any witnesses, and/or any other third party \nwith knowledge of the reported incident, and take reasonable and appropriate steps to respond to the \nreport of prohibited conduct consistent with applicable federal and state laws and these procedures. \n9.2 The University\u2019s Actions Following an Initial Assessment \nUpon completion of the Initial Assessment, the Title IX Coordinator will determine the course of action \nunder these procedures as follows: \n9.2.1 Where the Complainant Seeks Resolution Under These Procedures \nIn any case where the complainant reports prohibited conduct and requests resolution under these \nprocedures, the Title IX Coordinator will promptly conduct an initial assessment and, as appropriate, \ninitiate an investigation. The investigation begins with the complainant making a signed, written Formal \nComplaint. \n9.2.2  Where the Complainant Requests That No Formal Complaint Be \nPursued Under These Procedures \nThe University strongly supports the complainant\u2019s decision not to pursue a Formal Complaint under \nthese procedures and desire for anonymity. \n \nWhere the complainant does not wish to pursue a Formal Complaint under these procedures, the \nUniversity will honor the complainant\u2019s wishes unless doing so would not adequately mitigate the risk of \nharm to the complainant or other members of the University community or doing so impacts the \nUniversity\u2019s ability to provide a safe and non-discriminatory environment for all members of the \nUniversity community, including the complainant. \nThe Title IX Coordinator will consider the following factors, among others, when determining whether to \nhonor the complainant\u2019s wish that no resolution be pursued under these procedures: \n \n1. Whether the respondent has a history of violent behavior or is a repeat offender; \n2. Whether the incident represents escalation in unlawful conduct by the respondent from \npreviously noted behavior; \n3. The increased risk that the respondent will commit additional acts of violence; \n4. Whether the respondent used a weapon or force; \n5. Whether the complainant is a minor; \n6. Whether the University possesses other means to obtain evidence such as security footage; and \n7. Whether available information reveals a pattern of perpetration at a given location or by a \nparticular group. \nRegardless of whether the complainant chooses to file or participate in a Formal Complaint, the Title IX \nCoordinator will assist the complainant with reasonable and available Supportive Measures, which may \ninclude academic, housing, transportation, employment, and other measures. (See Section 16 \u201cSupportive \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 13 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n13 \n \nMeasures and Temporary Suspensions\u201d). Where no Formal Complaint has been filed and a Supportive \nMeasure impacts the respondent, the respondent will be provided with written notice of the report, \nwhich includes, as known, the date, time, and location of the alleged prohibited conduct and the \nunderlying factual allegations, including the identity of the complainant. Therefore, certain Supportive \nMeasures may not be available if the complainant wishes to maintain anonymity. \nThe Title IX Coordinator may also take proactive steps, such as training or awareness efforts, to address \nsexual and related misconduct in a general way that does not identify the complainant. \n \nWhere the complainant declines to participate in an investigation, the University\u2019s ability to meaningfully \ninvestigate and respond to a report may be limited. \n9.2.3 University Determination That the Complainant\u2019s Request(s) Can \nBe Honored \nWhere the Title IX Coordinator determines that the University can honor the complainant\u2019s request that \nno Formal Complaint be pursued under these procedures, the University may nevertheless take other \nappropriate steps designed to eliminate the reported prohibited conduct, prevent its recurrence, and \naddress its effects on the complainant and the University community. Those steps may include offering \nthe complainant reasonable and available Supportive Measures, conducting targeted prevention and \nawareness training, and/or providing or imposing other remedies tailored to the circumstances. \nThe complainant may later choose to pursue a Formal Complaint within the time limits for filing a \nFormal Complaint under these procedures, subject to whether the University has already investigated \nand adjudicated a Formal Complaint initiated by the University. \nUpon receipt of new or additional information, the Title IX Coordinator may reconsider the \ncomplainant\u2019s request that no Formal Complaint be pursued under these procedures and initiate the \nresolution process, as explained directly below. \n9.2.4 University Determination That the Complainant\u2019s Request(s) \nCannot Be Honored \nWhere the Title IX Coordinator determines that the University cannot honor the complainant\u2019s request \nthat no Formal Complaint be pursued under these procedures, the Title IX Coordinator will promptly \ninitiate the resolution process under these procedures by making a signed, written Formal Complaint on \nbehalf of the University. \n \nThe Title IX Coordinator will notify the complainant that the University intends to proceed with a Formal \nComplaint and will take immediate action as necessary to protect and assist the complainant. \nThe Title IX Coordinator will make reasonable efforts to protect the privacy of the complainant. However, \ntypically, the complainant\u2019s identity would have to be disclosed as part of the University\u2019s investigation. \n \nThe complainant is not required to participate in any proceedings that follow. However, if the \ncomplainant declines to participate in an investigation and/or the adjudicative process under these \nprocedures, the University\u2019s ability to investigate meaningfully and respond to a report of prohibited \nconduct may be limited. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 14 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n14 \n \n10 NOTICE TO COMPLAINANT AND RESPONDENT OF \nUNIVERSITY ACTIONS \nThe Title IX Coordinator will promptly inform the complainant of any actions undertaken by the \nUniversity that will directly impact the complainant, including the filing of a Formal Complaint. \n \nThe Title IX Coordinator will promptly inform the respondent of any actions undertaken by the \nUniversity that will directly impact the respondent, including the filing of a Formal Complaint or the \nimposition of Supportive Measures that would directly impact the respondent, and provide an \nopportunity for the respondent to respond to such action(s). (See Section 16 \u201cSupportive Measures and \nTemporary Suspensions\u201d). Supportive Measures become effective when notice of the Supportive \nMeasures is provided. \n11 ADVISORS AND SUPPORT PERSONS \nAt all stages under these procedures, both the complainant and respondent will be afforded the \nassistance of an advisor provided by the University to assist and advise the party. \nAs an alternative or in addition to utilizing an advisor offered by the University, each party has the right \nto select and consult with an advisor of their own choosing. \n \nBoth the complainant and respondent also have the right to a support person of their choice to provide \nemotional support to the party. \n \nAdvisors and support persons may be any person, including an attorney. \nAdvisors and support persons may accompany the party to all meetings, such as investigative interviews, \nand proceedings, and are not to interfere with meetings or proceedings. With limited exception for cross- \nexamination in Hearing Process A, advisors and support persons may not speak on the party\u2019s behalf at \nany time. (See Section 26 of these Procedures (\u201cHearings, Generally\u201d).) \nThroughout the proceedings, advisors and support persons may also help the party prepare written \nsubmissions. \n \nDuring hearings, advisors and support persons may confer with the party, and on the party\u2019s behalf, at \nthe time and in the manner prescribed by the Hearing Chair and also may help the party prepare written \nsubmissions. \nDuring hearings, the role of the advisor varies depending upon the cross-examination requirements of \nthe Hearing Process, as follows: \n \n\u2022 \nHearing Process A: Each party\u2019s advisor is permitted to ask the other party and any witnesses all \nrelevant questions and follow-up questions, including those challenging credibility. Such cross- \nexamination must be conducted directly, orally, and in real time by the party\u2019s advisor of choice \nand never by a party personally. If a party does not have an advisor present at the live hearing, \nthe university will provide without fee or charge to that party, an advisor of the university\u2019s \nchoosing to conduct cross-examination on behalf of that party. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 15 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n15 \n \nShould a party not have an advisor who will be at the hearing to conduct cross-examination on \ntheir behalf, the University will provide an advisor aligned with the party\u2019s interest, for such \npurpose. A party should request in writing as soon as possible and at least 10 business days in \nadvance of the hearing that the University provide an advisor for the hearing. \n\u2022 \nHearing Process B: Cross-examination of the other party and any witnesses is permitted only \nthrough written questions submitted by the parties to the Hearing Chair. Parties may have, but \nare not required to have, an advisor at the hearing. \nBy accepting the role of advisor or support person, all advisors and support persons agree to comply with \nthe rules and processes set forth in Policy 6.4 and these procedures, including rules regarding process \nprivacy. \nThe University will not interfere with the parties\u2019 rights to have an advisor and support person of their \nchoice and fully expects advisors and support persons to adhere voluntarily to Policy 6.4 and these \nprocedures. In extreme cases, where either the Title IX Coordinator or Hearing Chair determines that an \nadvisor\u2019s or support person\u2019s conduct undermines the integrity of Policy 6.4 or these procedures, the \nadvisor or support person will be prohibited from continuing to serve as advisor or support person in \nthat case. The affected party will be permitted to obtain a substitute advisor or support person. \n12 WRITTEN SUBMISSIONS \nFor all written submissions permitted by these procedures, other than the written objections and requests \nspecifically permitted during hearings, the documents must be submitted by the parties. Written \nsubmissions from an advisor, support person, or other individual made on behalf of a party, other than \nthe written objections and requests specifically permitted during hearings, will not be included in the \ninvestigative or hearing records. \nWhere a form is available at titleix.cornell.edu for a written submission, the party must use the form for \nthe submission. Where required by these procedures, the party must sign the written submission. \n13 PRESERVATION OF INFORMATION AND TANGIBLE \nMATERIAL \nPreservation of information and tangible material relating to alleged prohibited conduct is essential for \ninvestigations under these procedures as well as law enforcement investigations. Therefore, all persons \ninvolved in these procedures, whether as the complainant, the respondent, or a witness, are encouraged \nto preserve all information and tangible material relating to the alleged prohibited conduct. Examples of \nevidence include electronic communications (e.g., email and text messages), photographs, clothing, and \nmedical information. \nIn the case of medical information, prompt examinations can be crucial to the collection of forensic or \nother medical evidence. Individuals who believe they have experienced sexual assault or other forms of \nprohibited conduct are strongly encouraged to seek immediate medical attention. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 16 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n16 \n \n14 OBLIGATION TO PROVIDE TRUTHFUL INFORMATION \nAt all stages of the process, all Cornell University community members are expected to provide truthful \ninformation. \u201cFurnishing false information to the University with intent to deceive\u201d is prohibited and \nsubject to disciplinary sanctions under the Student Code of Conduct, Section (IV)(N)(1). This provision \ndoes not apply to reports made or information provided in good faith, even if the facts alleged are not \nlater substantiated. \n15 DUTY TO COOPERATE \nAll members of the University community are expected to cooperate and participate in inquiries, \ninvestigations, and resolutions of reports and Formal Complaints of prohibited conduct under these \nprocedures. However, the non-cooperation or non-participation of a party or witness cannot be the basis \nof adverse action or an adverse inference. \n16 SUPPORTIVE MEASURES AND TEMPORARY \nSUSPENSIONS \n16.1 Overview of Supportive Measures \nSupportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate \nand reasonably available, without fee or charge, to the complainant or respondent before, during or after \nthe filing of a Formal Complaint or where no Formal Complaint has been filed. Supportive Measures are \ndesigned to accomplish a number of goals: \n\u2022 \nto restore or preserve equal access to the University\u2019s educational program or activity; \n\u2022 \nto support and protect the safety of the complainant, the respondent, the University\u2019s educational \nenvironment, and the University community; \n\u2022 \nto promote the goals of Policy 6.4; \n\u2022 \nto deter retaliation; and \n\u2022 \nto preserve the integrity of the investigation and resolution process pursuant to these procedures. \nSupportive Measures might be in the form of support for or restrictions upon one or both parties. \nRestrictions or loss of specified privileges at the University (such as membership on a sports team or in an \nextracurricular) may not be issued as Supportive Measures. \nRestrictive Supportive Measures will be calibrated to address a perceived risk, but tailored to minimize to \nthe extent possible the impact on the affected party or parties, whose underlying case of prohibited \nconduct has not yet been adjudicated on the merits. \nSupportive Measures may be issued based upon a party\u2019s request or at the University\u2019s own initiative. In \nall instances, the University will, at its discretion, determine whether any given Supportive Measure is \nreasonable and appropriate. \n \nSupportive Measures are available regardless of whether a Formal Complaint has been filed under these \nprocedures. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 17 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n17 \n \nSupportive Measures are available regardless of whether the complainant chooses to report the \nprohibited conduct to law enforcement. \nSupportive Measures become effective when notice of the Supportive Measures is provided. \n \nWhere a Formal Complaint has been filed, typically, Supportive Measures will remain in place pending \nthe resolution of the Formal Complaint. \n \nViolations of Supportive Measures that are orders by a University official may constitute prohibited \nconduct under these procedures. \n16.2 Examples of Supportive Measures \nPotential Supportive Measures include but are not limited to: \n\u2022 \nassistance obtaining access to counseling, advocacy, or medical services; \n\u2022 \nassistance obtaining access to academic support and requesting academic accommodations; \n\u2022 \nchanges in class schedules; \n\u2022 \nassistance requesting changes in work schedules, job assignments, or other work \naccommodations; \n\u2022 \nchanges in campus housing; \n\u2022 \nsafety escorts; \n\u2022 \nindividualized prevention and awareness training; \n\u2022 \nfacilitated agreements to delete consensually-obtained nude or sensitive images; \n\u2022 \nrestrictive orders; and \n\u2022 \n\u201cNo-contact\u201d orders (curtailing or prohibiting contact or communications between or among \nindividuals). \n16.3 Issuance of Supportive Measures \nThe Title IX Coordinator is responsible for issuing Supportive Measures. \n \nSupportive Measures will be designed in a fair manner and narrowly tailored to minimize to the extent \npossible any restrictions on those affected. \nIn issuing Supportive Measures, the Title IX Coordinator will make reasonable efforts to communicate \nwith any impacted party to address safety and emotional and physical well-being concerns. \nWhere no Formal Complaint has been filed and a Supportive Measure impacts the respondent, the \nrespondent will be provided with written notice of the report, which includes, as known, the date, time, \nand location of the alleged prohibited conduct and the underlying factual allegations, including the \nidentity of the complainant. Therefore, certain Supportive Measures may not be available if the \ncomplainant wishes to maintain anonymity. \nSupportive Measures are not, in and of themselves, permanent resolutions under these procedures. \nRather, they are actions taken by the University based on information known at the time that the \nSupportive Measures are issued. Accordingly, the Title IX Coordinator has the discretion to issue, \nmodify, or remove any Supportive Measure at any time additional information is gathered or \ncircumstances change. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 18 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n18 \n \nSupportive Measures do not appear on a party\u2019s transcript or disciplinary record. A record of Supportive \nMeasures is maintained in the Title IX Coordinator\u2019s case file. \n16.4 Assistance with Orders of Protection \nOrders of Protection are court orders and, thus, the University is not able to issue them. However, the \nCornell University Police Department (CUPD) (607-255-1111) will assist both the respondent and the \ncomplainant (or any member of the Cornell community impacted by an Order of Protection), by helping \nthe parties understand the availability of an order, the potential content and parameters of an order, and \nthe consequences for violating an order. \nThe Tompkins County Advocacy Center (607-277-5000) is a confidential resource in Ithaca that can also \nassist in obtaining a Family Court Order of Protection for complainants reporting an experience with \ndating or domestic violence. \n \nThe CUPD will also assist a protected party in effecting arrest of an individual violating an Order of \nProtection, if doing so is within the jurisdiction of CUPD. \n16.5 Requested Review of Title IX Coordinator\u2019s Decisions \nRegarding Supportive Measures \nBoth parties may at any time request that the Title IX Coordinator issue, modify, or remove Supportive \nMeasures based upon a change in circumstance or new information that would affect the necessity of any \nMeasures. \n \nBoth parties may petition the Vice President of Student and Campus Life (VPSCL) in writing to review \nthe Title IX Coordinator\u2019s decision whether to issue, modify, or remove Supportive Measures. A party \nmay seek such review only if the Supportive Measure directly impacts that party. A party seeks review \nby submitting a letter explaining the reason for their request for review and including any written \nevidence in support of such request. The materials should be submitted to the Title IX Coordinator, who \nwill forward all materials to the VPSCL. \nIf, based upon the request, the VPSCL is considering issuing, modifying, or removing a Supportive \nMeasure, the VPSCL will invite the non-petitioning party and the Title IX Coordinator to submit \nresponses. The Title IX Coordinator will then inform the non-petitioning party that a request has been \nfiled and will provide a copy of the request to that party. The VPSCL will establish a reasonable timeline \nfor handling the matter, including deadlines for submissions. \nIf the VPSCL determines that the Title IX Coordinator\u2019s decision should be set aside, the VPSCL will \ninstruct the Title IX Coordinator to vacate the prior decision on Supportive Measures immediately. At \nthat time, the Title IX Coordinator may impose alternate reasonable and appropriate Supportive \nMeasures. The VPSCL may, but is not required to, provide the Title IX Coordinator with guidance \nregarding appropriate alternate Supportive Measures. \n \nThe VPSCL will provide a written decision to the parties and the Title IX Coordinator. \nThe decision of the VPSCL is final; there is no right to appeal. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 19 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n19 \n \n16.6 Temporary Suspensions Pending Resolution \nOnce a Formal Complaint has been filed, where immediate action is necessary to protect the complainant \nor the University community, the Title IX Coordinator or other appropriate University official delegated \nby the President will have discretionary power to suspend the respondent pending resolution of the \nunderlying case. \nSuspension may include the withdrawal of any or all University privileges and services, including class \nattendance, participation in examinations, and utilization of University premises and facilities, as \ndetermined by the President or designee. \nUnderstanding that the underlying allegation of prohibited conduct has not been adjudicated on the \nmerits, a Temporary Suspension may be imposed only when Supportive Measures are deemed \ninsufficient to protect the complainant or University community. \n \nIn determining whether a Temporary Suspension is appropriate, the President or the President\u2019s \ndesignated representative in the form of the Title IX Coordinator or other appropriate University official \nmust determine that an immediate threat to the physical health or safety of the complainant or any other \nindividual arising from the allegations underlying the Formal Complaint justifies such emergency \nremoval of the respondent. The following factors, among others, should be considered: \n\u2022 \nwhether the respondent has a history of violent behavior or is a repeat offender; \n\u2022 \nwhether the incident represents escalation in unlawful conduct by the respondent from \npreviously noted behavior; \n\u2022 \nwhether there are facts indicating a risk that the respondent will commit additional acts of \nviolence; and \n\u2022 \nwhether the respondent used a weapon or force. \nBoth parties may at any time request that the Title IX Coordinator or other University official acting as the \nPresident\u2019s designee impose, modify, or lift a Temporary Suspension based upon a change in \ncircumstance or new information that would affect the necessity of a Temporary Suspension. \nViolations of Temporary Suspensions that are orders by a University official may constitute prohibited \nconduct under these procedures. \n16.7 Review of Temporary Suspensions \nThe Policy 6.4 Appeal Panel will conduct the review of a decision to impose a Temporary Suspension. \nThe decision not to impose or to lift a Temporary Suspension is reviewed in accordance with the \nprocedures set forth above. \nThe respondent may petition the Appeal Panel in writing for a review of the decision to impose a \nTemporary Suspension. \n \nThe petitioning party commences the review by submitting a petition explaining the reason for their \nrequest and including any written evidence in support of such request. The materials should be \nsubmitted to the Title IX Coordinator, who will forward all materials to the Appeal Panel. The Title IX \nCoordinator will also inform the non-petitioning party that a petition has been filed and provide a copy \nof the petition to that party. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 20 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n20 \n \nThe non-petitioning party may submit a written response but is not required to do so. The response \nshould be submitted to the Title IX Coordinator. Any written response must be submitted within three (3) \nbusiness days of receipt of the petition. The Title IX Coordinator will offer a written response to such \npetition within four (4) business days of receipt of the petition. For good cause, the Appeal Panel may \ngrant requests for extensions. \nThe Appeal Panel will consider the petition no later than five (5) business days after it receives the \npetition, with exceptions for good cause. However, given the gravity of a Temporary Suspension, it is \nexpected that an Appeal Panel will seek to meet this deadline. \nIf the Appeal Panel determines that good cause was not shown for the Temporary Suspension or that \ncircumstances have changed so that the suspension is no longer necessary, it will instruct the Title IX \nCoordinator to lift the Temporary Suspension immediately. At that time, the Title IX Coordinator may \nimpose alternate reasonable and appropriate Supportive Measures. The Appeal Panel may, but is not \nrequired to, provide the Title IX Coordinator with guidance regarding appropriate alternate Supportive \nMeasures. \n \nThe Appeal Panel will provide a written decision to the parties and the Title IX Coordinator as soon as \npracticable. \n \nThe Appeal Panel\u2019s decision is final; there is no right to appeal. \n \nWhere the Appeal Panel has already entertained a petition and issued a decision regarding a Temporary \nSuspension, it may decline a party\u2019s request to review a determination regarding a change of \ncircumstance or new information. \n17 PENDING CRIMINAL INVESTIGATIONS \nIn addition to the University investigating potential Policy 6.4 allegations, CUPD or other law \nenforcement may investigate alleged criminal matters. In cases where there is a criminal investigation, the \nUniversity process will run concurrently with such investigation. The University may grant temporary \ndelays reasonably requested by law enforcement for evidence gathering. \n18 NOTICE TO PARTIES UPON THE ISSUANCE OF A \nFORMAL COMPLAINT \nAt the issuance of a Formal Complaint, the Title IX Coordinator will notify the complainant and the \nrespondent, in writing, of the commencement of an investigation and provide both parties with a \ncopy of the Formal Complaint, Policy 6.4, and these procedures. Such notice will: \n\u2022 \nidentify the complainant and the respondent; \n\u2022 \nspecify the alleged prohibited conduct and its date, time, and location, to the extent known; \n\u2022 \nspecify the basis for jurisdiction over the Formal Complaint; \n\u2022 \nspecify the factual allegations pertaining to the prohibited conduct; \n\u2022 \nspecify any sanctions that may be imposed, including the University\u2019s transcript notation policy; \n\u2022 \nspecify whether Title IX applies; \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 21 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n21 \n \n\u2022 \nspecify the anticipated Hearing Process (A or B) that will be used, if the Formal Complaint is to \nbe resolved with a Hearing; \n\u2022 \nidentify the investigator; \n\u2022 \ninclude information about the parties\u2019 respective rights and obligations under Policy 6.4 and \nthese procedures; \n\u2022 \ninform the parties of their right to seek the assistance of an advisor provided by the University, a \nsecond advisor (including an attorney), and a support person for emotional support, all of whom \nmay accompany the respective parties to meetings and proceedings; \n\u2022 \ninform the parties of the range of available resources, including mental health and academic \nsupport resources; \n\u2022 \nexplain the prohibition against retaliation; and \n\u2022 \ninstruct the parties to preserve any potentially relevant evidence, whatever its form. \n19 PATHWAYS FOR RESOLUTION OF A FORMAL \nCOMPLAINT \nA Formal Complaint may be resolved by the University\u2019s dismissal of the Formal Complaint, Alternate \nResolution, Hearing, or by the complainant\u2019s withdrawal of the Formal Complaint. If the Formal \nComplaint is to be resolved through Hearing, the Title IX Coordinator will determine, whether such \nHearing would be conducted in accordance with Hearing Process A or Hearing Process B. \nBoth Hearing Processes provide for live hearings conducted using technology enabling participants to \nappear virtually and to see and hear each other simultaneously. Both Hearing Processes provide \nopportunity for cross-examination of the parties and witnesses. In Hearing Process A, cross-examination \nis conducted directly, orally, and in real time by the party\u2019s advisor of choice and never by a party \npersonally. In Hearing Process B, cross-examination is conducted through written submission by the \nparties to the Hearing Chair. (See Section 26 of these Procedures (\u201cHearings, Generally\u201d).) \n20 DETERMINATION OF HEARING PROCESS A OR \nHEARING PROCESS B AND WHETHER TITLE IX \nAPPLIES \nThe Title IX Coordinator will rely on the following two conditions in determining which Hearing Process \nwill be used to conduct the Hearing: \n\u2022 \nWhether Title IX applies to the Formal Complaint; and \n\u2022 \nWhether, if found responsible, the respondent could face suspension or dismissal from the \nUniversity as a potential sanction. \nIf either condition above is present, a Hearing on the Formal Complaint will be conducted in accordance \nwith Hearing Process A. If neither of the above conditions is present, a Hearing on the Formal Complaint \nwill be conducted in accordance with Hearing Process B. \n \nIn evaluating whether Title IX applies to the Formal Complaint, the Title IX Coordinator will determine \nwhether the following requirements are met: \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 22 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n22 \n \n\u2022 \nThe alleged prohibited conduct meets at least one of the definitions for sexual harassment and \nsex/gender-based harassment, sexual assault, dating and domestic violence, or stalking; \n\u2022 \nThe alleged prohibited conduct occurred in the University\u2019s education program or activity; \n\u2022 \nThe alleged prohibited conduct occurred against a complainant in the United States; and \n\u2022 \nAt the time of filing the Formal Complaint, the complainant is participating in or attempting to \nparticipate in the University\u2019s education program or activity. \nIn evaluating whether a respondent could face a potential sanction of suspension or dismissal from the \nUniversity, the Title IX Coordinator will consider: \n\u2022 \nWhether the alleged prohibited conduct involves physical acts, violence, use of a weapon or \nforce, intimidation, threats, or a pattern of perpetration; \n\u2022 \nWhether the alleged prohibited conduct substantially threatens the University\u2019s educational \nmission or the health or safety of University community members; \n\u2022 \nWhether the complainant is a minor; \n\u2022 \nWhether the respondent has a disciplinary history; and \n\u2022 \nAny other relevant exacerbating or mitigating circumstances related to the alleged prohibited \nconduct or the parties. \nThe Title IX Coordinator\u2019s evaluation of a potential sanction shall not be considered by a hearing panel in \ndetermining an actual sanction. \n21 THE PARTIES\u2019 PARTICIPATION IN THE \nINVESTIGATION AND HEARING \nBoth the complainant and the respondent may decline to participate in the investigation and/or hearing. \nHowever, the University may continue without a party\u2019s participation, reaching findings and issuing \nsanctions. Additionally, a party\u2019s decision not to participate in the investigation will limit the party\u2019s \nability to participate in the hearing, as explained below. \n21.1 Declining to Participate in the Investigation \nIf a party declines to participate in investigative interviews deemed necessary by the investigator, the \nparty will forfeit the opportunity at the hearing to give a written opening statement, testify, and give oral \nand written closing statements. \n \nNonetheless, if a party who has so declined to participate in investigative interviews later seeks to \nparticipate in a hearing, upon a finding that there was a compelling reason for the nonparticipation, the \nHearing Chair, upon the Chair\u2019s discretion, may permit the party to participate. If the Hearing Chair \npermits the party to participate in the hearing, the Hearing Chair will first reschedule or adjourn the \nhearing for the investigator to interview the party and, as necessary, conduct any follow-up investigation \nand supplement and revise the investigative record and report. The Hearing Chair will also re-open the \npre-hearing submission process, if appropriate, so that the parties may respond to the new information. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 23 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n23 \n \n21.2 Declining to Attend or Participate in the Hearing \nNeither party is required to attend a hearing for the hearing to proceed. The party\u2019s advisor may question \nany witnesses and object to testimony. If, despite being notified of the date, time, and location of the \nhearing, either party is not in attendance, the hearing may proceed, and applicable sanctions may be \nimposed. \nThe parties are not required to testify at a hearing and the Hearing Panel will not draw a negative \ninference from a party's silence. However, where a party declines to testify or answer approved questions \nasked of them, the Hearing Panel\u2019s ability to hear information necessary to make an informed decision in \nthat party\u2019s favor may be limited. \nThe decision-maker(s) cannot draw an inference about the determination regarding responsibility based \nsolely on a party\u2019s or witness\u2019s absence from the hearing or refusal to answer cross-examination or other \nquestions. \n22 DISMISSAL OF A FORMAL COMPLAINT AND/OR \nDETERMINATION WHETHER TITLE IX APPLIES \nThe Title IX Coordinator will make an initial determination as to whether Title IX applies to the Formal \nComplaint based on the alleged facts. (See Section 20 of these Procedures (\u201cDetermination of Hearing \nProcess A or Hearing Process B and Whether Title IX Applies\u201d).) \n \nThe Title IX Coordinator may dismiss6 a Formal Complaint and close a case where: \n\u2022 \nthere is no jurisdiction under these procedures; or \n\u2022 \nthe facts set forth in the Formal Complaint do not constitute prohibited conduct under these \nprocedures; or \n\u2022 \nthe complainant fails or refuses to cooperate with the investigation such that the investigator is \nunable to investigate despite reasonable measures, including where the complainant cannot be \nlocated, the complainant fails or refuses to be available for interviews or meetings, or the \ncomplainant fails to provide necessary information; or \n\u2022 \nthe complainant notifies the Title IX Coordinator in writing that they would like to withdraw the \nFormal Complaint or any allegations therein, prior to resolution; or \n\u2022 \nthe respondent is no longer enrolled in the University; or \n\u2022 \nspecific circumstances prevent the University from gathering evidence sufficient to reach a \ndetermination as to the Formal Complaint or allegations therein. \nUpon any dismissal, the Title IX Coordinator will promptly send written notice of the dismissal and the \nrationale for doing so simultaneously to the parties. \n \nThe complainant will be given an opportunity to seek review by a Hearing Panel. The complainant must \ncommence the review within ten (10) business days by submitting a letter explaining why they think the \ndismissal is erroneous and including any written evidence in support of their position. The materials \nshould be submitted to the Title IX Coordinator, who will forward them to the Hearing Panel and \n \n6 Where appropriate, the Title IX Coordinator may dismiss a Formal Complaint prior to the Notice of Formal Complaint to both \nparties. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 24 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n24 \n \nHearing Chair (who provides guidance to the Hearing Panel but does not have a vote in a decision). \n \nThe Title IX Coordinator will also inform the respondent that a request for review has been filed and \nprovide a copy of the complainant\u2019s letter and any supporting materials to the respondent. \nThe Hearing Chair in consultation with the Hearing Panel will establish a reasonable process and \ntimeline for handling the matter. The respondent will be given an opportunity to respond to the \ncomplainant\u2019s request for review. \n \nThe Hearing Panel will conduct its review based upon a standard of clearly erroneous, meaning that the \nHearing Panel will not disturb the Title IX Coordinator\u2019s or investigator\u2019s decision by substituting its own \njudgment for the judgment of the Title IX Coordinator or investigator unless the Hearing Panel \ndetermines that the dismissal was clearly in error. \n \nIf the Hearing Panel determines that the dismissal was clearly erroneous, the Formal Complaint will be \nreinstated and resolved according to these procedures. \nIf the Hearing Panel determines that the dismissal was not clearly erroneous, it will affirm the dismissal. \nThe Hearing Panel will provide a written decision to the parties and the Title IX Coordinator. \nThe decision of the Hearing Panel is final; there is no right to appeal. \nIn accordance with the procedures set forth below in \u201c24.9. Threshold Determination by Investigator and \nReview by the Hearing Panel,\u201d after completing an investigation, the investigator may dismiss a Formal \nComplaint upon a threshold determination that there is not sufficient evidence to advance the Formal \nComplaint to a hearing. \n23 CONSOLIDATION OF REPORTS, FORMAL \nCOMPLAINTS, AND HEARINGS UNDER THESE \nPROCEDURES \nGenerally, at the discretion of the Title IX Coordinator, multiple reports or Formal Complaints under \nthese procedures that are factually related will be joined in one investigation. Formal Complaints joined \nin one investigation may be joined in one hearing or resolved in separate hearings, as discussed below. \n \nAt the discretion of the Hearing Chair, in consultation with the investigator, multiple Formal Complaints, \nwhether or not joined in one investigation, and multiple investigations under these procedures may be \njoined in one hearing if doing so is likely to result in reliable and more efficient outcomes without causing \nprejudice to a party or parties or confusion for the fact finders. In determining whether to consolidate, the \nHearing Chair will provide the parties with an opportunity to explain their preferences for consolidated \nor severed hearings. \n \nMultiple Formal Complaints and investigations may be so joined whether they involve single or multiple \ncomplainants or respondents. In all hearings involving multiple respondents, the Hearing Panel will \nconsider singly the sanctions and remedies appropriate for each respondent. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 25 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n25 \n \n24 INVESTIGATIONS OF A FORMAL COMPLAINT \n24.1 Overview of Investigations of a Formal Complaint \nThe investigation is designed to be timely, thorough, and impartial and to provide for a fair and reliable \ngathering of the facts. All individuals involved in the investigation, including the complainant, the \nrespondent, and any third-party witnesses, will be treated with sensitivity and respect. \n \nThe investigation will generally include individual interviews of the complainant, the respondent, and \nrelevant witnesses. Upon completion of the investigation, the investigator will prepare a Final \nInvestigative Record and an Investigative Report. The Investigative Record is a compilation of statements \nby the parties and witnesses as well as other evidence gathered by the investigator. The Investigative \nReport will explain the scope of the investigation and summarize the information gathered. The \ninvestigator does not make any findings or recommendations as to responsibility, other than to make an \nassessment as to whether there is sufficient evidence for the case to proceed to a hearing to determine \nresponsibility. In the event of a hearing, the final investigative record and report become part of the \nhearing record. \nThe complainant and the respondent will have an equal opportunity to participate in the investigation, \nincluding an equal opportunity to be heard, submit evidence, and suggest witnesses who may have \nrelevant information. Specifically, during the investigation, each party will have the opportunity to: \n\u2022 \nbe interviewed by the investigator; \n\u2022 \nreview their own interview statements (prior to the statements being distributed to the other \nparty and included in a draft investigative record); \n\u2022 \nprovide evidence to the investigator; \n\u2022 \nsuggest witnesses to be interviewed by the investigator; \n\u2022 \npropose questions to be asked of witness and the other party; and \n\u2022 \nreview a draft investigative record and comment on it, in writing, before the investigator finalizes \nthe record and prepares an investigative report. \nAt the hearing, the Hearing Panel will rely upon the final investigative record as well as any additional \nstatements and information provided to the Hearing Panel pursuant to the procedures set forth below. \n24.2 Time Frame of and Time Limitations During the Investigation \nThe investigation will be completed as expeditiously as possible, and will generally be completed within \nninety (90) business days of the issuance of the Formal Complaint. This time period is measured from \nthe date the Respondent receives the Notice of Formal Complaint and ends when the draft investigative \nrecord is distributed to the parties. This time-period may be subject to reasonable extension on a case-by-\ncase basis for good cause, with notice to the parties that includes the reason for the delay. \nAny time the general timeframes for resolution outlined in these procedures will be delayed, the \nUniversity will provide written notice to the parties of the delay, the cause of the delay, and an estimate \nof the anticipated additional time that will be needed as a result of the delay. \n \nThroughout the investigation, both parties will receive reasonable written notice of any meetings at \nwhich their attendance is requested, and the parties will be updated at regular intervals on the status of \nthe investigation. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 26 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n26 \n \n \nThe investigator will establish and apply equitably to the parties reasonable time limits for the various \nstages of the investigation, including meetings and deadlines for any submissions or responses, and the \nparties  must adhere to these time limits. \n \nThe parties may request reasonable extensions that will be granted at the discretion of the \ninvestigator. Extensions granted to one party will be granted to the other party. \nDelays simply to prolong the process will not be permitted, and failure to meet deadlines will result in \nforfeiture of a party\u2019s ability to participate in that aspect of the investigation. Written notice of the delay \nor extension and the reasons for the action will be provided to the parties. \n \nIf a party declines or fails to participate in a meeting or interview, provide evidence, or suggest witnesses, \nthe party will have waived their right to do so upon the issuance of the final investigative record and \nreport. \n24.3 Investigative Interview Process \nThe investigator will gather information from the complainant, the respondent, and other individuals \nwho have relevant information. \nThe parties will have the opportunity to request in writing witnesses they would like the investigator to \ninterview and questions and topics they would like the investigator to ask witnesses, themselves, and the \nother party. \n \nThe investigator has the discretion to determine the relevance of any proffered witnesses, and, \naccordingly, the investigator will determine which witnesses to interview. \nIn general, the investigator will not consider relevant any witnesses who are offered solely for the \npurpose of providing evidence of a party\u2019s character. \n \nInvestigative interviews with the parties and any witnesses will be audio recorded. \nAt the start of an interview session, the investigator will inform an interviewee that the session is being \naudio recorded. \nParties and witnesses will receive copies of audio recordings of their own interviews. \n \nThe parties will be provided with transcripts, but not audio recordings, of all witness and other party \ninterviews. Upon receiving the transcripts, the parties may listen to audio recordings of interviews of the \nother party and any witnesses during business hours at a secure and private campus location, with access \nfacilitated by the Title IX Coordinator. \nAll persons being interviewed, including the parties, are prohibited from recording interviews. \n \nIn the event of a failure rendering an audio recording of an interview inaudible in whole or in part, the \ninvestigator will either reconstruct the interview with input from the interviewee or re-conduct the \ninterview, as the investigator deems necessary. The reconstructed interview statement will become part \nof the investigative record. The failure will not constitute grounds for appeal. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 27 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n27 \n \n \n24.4 Evidentiary Materials \nThe investigator will gather relevant available evidentiary materials, including physical evidence, \ndocuments, communications between the parties, and electronic records and media as appropriate. When \nthe investigator requests evidence from a party or witness, they are expected to cooperate, consistent with \nthe Duty to Cooperate. \nThe parties will have the opportunity to request in writing the evidentiary materials they would like the \ninvestigator to seek to obtain. \nThe investigator has the discretion to determine the relevance of any requested evidentiary materials, and \naccordingly the investigator will determine what evidentiary materials to seek to obtain. \n \nIn the event that irrelevant evidentiary materials are received during the investigation, the materials will \nbe excluded from the investigative record. Those materials will become part of the appeal record in the \nevent of an appeal (see section 27 below). \nIn general, the investigator will not consider relevant any evidence which is offered solely for the purpose \nof providing evidence of a party\u2019s character. Generally, the investigator will also not consider as relevant \nany evidence of a party or witness\u2019s prior or concurrent disciplinary history. \n24.5 Expert Testimony and Materials \nIf the investigator determines that expertise on a topic will assist the Hearing Panel in making its \ndeterminations, upon the investigator\u2019s own initiative or at the request of a party, the investigator may \ninclude in the investigative record medical, forensics, technological, or other expert testimony and \nmaterials (such as writings and recordings) that the investigator deems relevant and reliable. \nThe investigator has the discretion to determine the relevance and reliability of any expert testimony and \nmaterials, and, accordingly, the investigator will determine what, if any, expert testimony and materials \nwill be included in the investigative record. \nRequested expert testimony or materials not included in the investigative record will not be considered \nby the Hearing Panel. \n \nThe results of polygraph tests and other \u201clie-detection\u201d techniques are inadmissible in the proceedings. \n24.6 Evidence to be Excluded or Redacted from the Record \nThe parties and witnesses should make all requests for exclusions and redactions to the investigator \nduring the investigation prior to the issuance of the final investigative record and report. \nContent falling into one of the four categories below can be redacted or excluded. \n \n1. Prior Sexual History: Generally, during both the investigation and any hearing to determine \nresponsibility, participants in this process may exclude evidence of their own prior sexual history \nwith anyone other than the other party. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 28 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n28 \n \n \n2. Past Findings: During both the investigation and any hearing to determine responsibility, \nparticipants in this process may exclude evidence of their own past school disciplinary findings if \nsuch findings, as determined by the investigator, are irrelevant to the alleged prohibited conduct. \nAll such findings, whether or not relevant to the alleged prohibited conduct, are admissible at the \nstage of the hearing for determining sanctions. \n3. Mental Health Condition, Treatment and/or Diagnosis: Generally, during both the investigation \nand any hearing to determine responsibility, participants in this process may exclude evidence of \ntheir own mental health diagnosis and/or treatment. \n4. Sensitive Personal Identifying Information and Medical Records: Throughout these proceedings, \nsensitive personal identifying information, such as Social Security numbers and irrelevant \ninformation contained in medical records, will be excluded. Upon the request of a party or \nwitness, investigators may also redact or exclude other sensitive or private information, \nincluding, but not limited to: contact information and sensitive images (including images where \nan individual is nude or partially clothed). \n \nIn addition, there may be other information that is excluded or redacted under applicable law or these \nprocedures. For example, information protected by legally recognized privilege would be excluded \nunless waived. \nAny necessary exclusions or redactions are made by the investigator during the investigation and the \nHearing Chair during the hearing process, which includes both content elicited at the hearing as well as \ncontent in the investigative record. \n \nExcluded or redacted content not included in the investigative record will not be considered by the \nHearing Panel. \n24.7 Draft Investigative Record and the Parties\u2019 Review \nUpon completion of the investigation, the investigator will prepare and provide to the parties and their \nadvisors an electronic or hard copy of a draft investigative record that will include: \n\u2022 \ntranscripts (but not audio files) of all interviews by the investigator with the parties and any \nwitnesses; and \n\u2022 \ncopies of any documents, electronic records, media, and photographs or descriptions of physical \nmaterials collected during the course of the investigation. \nAs part of the investigative process, both parties have an opportunity to review and comment upon a \ndraft investigative record before the investigator finalizes it and issues an investigative report. \nThe parties will have ten (10) business days to review the draft investigative record and submit in \nwriting: \n\u2022 \ncomments about content such as factual inaccuracies the investigative record. A party\u2019s \ncomments may not add content; \n\u2022 \nrequests for redaction; \n\u2022 \nrequests for inclusion of content deemed irrelevant or duplicative by the investigator; \n\u2022 \nrequests for additional meetings with the investigator; and \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 29 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n29 \n \n\u2022 \nrequests for the investigator to conduct further investigation or questioning. \nThe parties\u2019 responses should not include arguments about why the Hearing Panel should find in their \nfavor, these arguments are more appropriately made as part of the opening statement (See section 26.8.1). \n \nThe parties may request extensions that will be granted, if reasonable, at the discretion of the \ninvestigator. Any extension granted to one party will be granted to the other party. \nDelays simply to prolong the process will not be permitted and failure to make submissions within ten \n(10) business days or any approved extensions, will result in a forfeiture of the right to do so later. \n \nThe parties\u2019 written comments and requests will become part of the final investigative record, except to \nthe extent content is deemed subject to exclusion or redaction pursuant to these procedures. The \ninvestigator has discretion whether to conduct any additional requested meetings, interviews, or \nquestioning. \nThe investigator will provide the parties with any and all evidentiary material used to supplement the \ndraft investigative record before finalizing the investigative report and record. To the extent that new \nmaterial is added after the draft investigative record, the parties may submit written comments limited to \nonly the new material. These comments will be included in the investigative record. The investigator will \nconsider all written comments to the evidentiary material prior to finalizing the investigative report. \n24.8 Final Investigative Record and Investigative Report \nThe investigative record is a compilation of the investigative interviews, evidentiary materials, and expert \ntestimony and materials, if any. \n \nThe investigative report is not evidence. In the report, the investigator will explain the scope of the \ninvestigation and summarize the information gathered during the investigation. At their discretion, the \ninvestigator may identify contested and uncontested facts, highlight inconsistencies, and address \nrelevancy of evidence. The investigator will not render an opinion on responsibility, other than to make a \nthreshold determination as to whether there is sufficient evidence to proceed to a hearing (see section 24.9 \nbelow). \nThe final investigative record and final investigative report will be provided to the parties, their advisors, \nand the Hearing Panel within fifteen (15) business days of the receipt of the parties\u2019 comments on the \ndraft investigative record, and at least ten (10) days prior to any hearing.  This time-period may be \nsubject to reasonable extension on a case-by-case basis for good cause, with notice to the parties that \nincludes the reason for the delay. \nThe investigator will consider the parties\u2019 written comments about all content prior to the completion of \nthe investigative report. \n24.9 Threshold Determination by Investigator and Review by \nHearing Panel \nUpon completion of the investigation, the investigator will make a threshold determination as to whether \nthere is sufficient evidence to advance the Formal Complaint to a hearing. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 30 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n30 \n \nIf the investigator concludes that when viewing the evidence in the light most favorable to the \ncomplainant, there is no reasonable basis to find that the respondent committed the alleged prohibited \nconduct, the investigator will make the threshold determination that there is not sufficient evidence to \nadvance the Formal Complaint to a hearing. The proceedings will be terminated, the Formal Complaint \ndismissed, and the parties so notified. \nIf the investigator makes a threshold determination that there is not sufficient evidence to advance the \nFormal Complaint to a hearing, the investigator will provide the parties with a written decision \nexplaining the threshold determination. \n \nThe complainant will be given an opportunity to seek review by a Hearing Panel. The complainant must \nrequest the review within ten (10) business days by submitting a letter explaining why they think the \nthreshold determination is erroneous and including any written evidence in support of their position. The \nmaterials should be submitted to the Title IX Coordinator, who will forward them to the Hearing Panel \nand Hearing Chair (who provides guidance to the Hearing Panel but does not have a vote in a decision). \n \nThe respondent will be informed that a request for review has been filed and provided a copy of the \ncomplainant\u2019s letter and any supporting materials. \nThe Hearing Chair in consultation with the Hearing Panel will establish a reasonable process and \ntimeline for handling the matter. The respondent will be given an opportunity to respond to the \ncomplainant\u2019s request for review. \n \nThe Hearing Panel will conduct its review based upon a standard of clearly erroneous, meaning that the \nHearing Panel will not disturb the threshold determination by substituting its own judgment for the \njudgment of the investigator unless the Hearing Panel determines that the threshold determination was \nclearly in error. \nIf the Hearing Panel determines that the threshold determination was clearly erroneous, the Formal \nComplaint will be reinstated and resolved according to these procedures. \n \nIf the Hearing Panel determines that the threshold determination was not clearly erroneous, it will affirm \nthe threshold determination. \nThe Hearing Panel will provide a written decision to the parties and the Title IX Coordinator. \nThe decision of the Hearing Panel is final; there is no right to appeal. \n25 ALTERNATE RESOLUTION OF A FORMAL COMPLAINT \nAt any time after a Formal Complaint has been filed and before a hearing commences, the parties may \nseek to resolve a report of prohibited conduct through Alternate Resolution, an administrative process.  \nThe Alternate Resolution process must be completed within thirty (30) business days of the date that \nboth parties agree to participate in the Alternate Resolution. \n \nParticipation in Alternate Resolution is entirely voluntary; the Title IX Coordinator will neither pressure \nnor compel either party to participate in the process or to agree to any specific terms. \n \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 31 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n31 \n \nIn every case, the Title IX Coordinator has discretion to determine whether the matter is appropriate for \nAlternate Resolution and to determine the appropriate terms. \n \nBefore the Title IX Coordinator approves the Alternate Resolution process or the terms of any Alternate \nResolution, the Title IX Coordinator will determine that they have sufficient information about the matter \nto make these decisions. \nThe parties are strongly encouraged, although not required, to consult with their advisors and any \nsupport persons during the Alternate Resolution process. \n \nIf the process is terminated for any reason, the matter will be re-evaluated for resolution pursuant to the \nFormal Complaint resolution process under these procedures. For this reason, the investigator will not \nparticipate in Alternate Resolution. \nThe Title IX Coordinator will oversee the Alternate Resolution process and have access to all University \nrecords in the matter, including any records or reports prepared during an investigation. \n \nThe Title IX Coordinator will consult separately with both parties and recommend to the parties the \nterms of a potential Alternate Resolution agreement. Such terms may include, but are not limited to, any \nsanctions or remedies that could be imposed by a Hearing Panel after a hearing under these proceedings. \nBoth parties must agree to the terms before an Alternate Resolution agreement becomes effective. \n \nAt any time before a written agreement is effective (see below), the complainant or the respondent may \nwithdraw from the Alternate Resolution process, and the Title IX Coordinator may also, at their \ndiscretion, terminate the process. \nIf both parties are satisfied with the Title IX Coordinator\u2019s recommendation, the matter will be resolved \nwith a written agreement. \n \nThe Title IX Coordinator will provide each party, separately, with a copy of the proposed agreement for \nthe party to review, sign, and return. \nOnce a party has returned the signed agreement to the Title IX Coordinator, the party has two (2) \nbusiness days to reconsider and withdraw from the agreement by notifying the Title IX Coordinator in \nperson or in writing. \n \nWithin the two (2) business days, if either party withdraws from the agreement, the matter would be \nreturned for resolution of the Formal Complaint. \nAfter the two (2) business days, if neither party withdraws, the terms of the agreement will become \neffective and the Title IX Coordinator will promptly notify both parties in writing that the agreement is \nfinal. \n \nOnce the agreement is effective, the parties may not appeal the agreement and the complainant may not \nseek to refile the Formal Complaint absent new allegations of misconduct. The parties are expected to \nhonor and comply with the terms of the Alternate Resolution. Noncompliance may be subject to \nproceedings under the Student Code of Conduct. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 32 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n32 \n \nIf the process is terminated and the matter resolved pursuant to the Formal Complaint resolution process, \nneither the Title IX Coordinator nor the parties will disclose to the Hearing Chair, Hearing Panel, or \nAppeal Panel either the fact that the parties had participated in the Alternate Resolution process or any \ninformation learned during the process. \nWhile the parties are exploring Alternate Resolution, the investigation will pause, and the time spent \npursuing resolution in this way will not count toward the investigation time limit. \n \nThere are two available forms of Alternate Resolution: (1) Restorative (\u201cInformal\u201d) Resolution, and (2) \nNegotiated (\u201cFormal\u201d) Resolution. \n25.1 Restorative (\u201cInformal\u201d) Resolution \nThe purpose of a Restorative Resolution is for the parties to agree on a set of remedies. Upon successful \ncompletion of those remedies, the formal complaint will be withdrawn and may not be refiled. Such \nremedies may include: \n\u2022 \nImpact Letter; \n\u2022 \nApology Letter; \n\u2022 \nDirected Study; \n\u2022 \nReflection Paper; and \n\u2022 \nOther forms of Restorative/Transformative Justice. \n25.2 Negotiated (\u201cFormal\u201d) Resolution \nAs a necessary precondition of a Negotiated Resolution, the Respondent must accept responsibility for all \nor part of the alleged prohibited conduct. The parties will then have an opportunity to negotiate with \nTitle IX Coordinator what they believe the appropriate sanction should be. In support of their position, \nparties are encouraged to submit impact/mitigation information they believe the Title IX Coordinator \nshould consider in evaluating any sanction. \n \nThe Title IX Coordinator has the discretion to propose other terms for the resolution that may be \nappropriate to address the prohibited conduct for which the respondent has accepted responsibility. \n \nIf the respondent agrees to an Alternate Resolution that provides for a suspension, withdrawal, or \ndismissal (i.e., expulsion) from the University, there will be a transcript notation consistent with \nUniversity policy. \n26 HEARING, GENERALLY \n26.1 Overview of Hearing Process \nFindings of responsibility and determinations regarding sanctions and remedies are made through a \nhearing process conducted by a three (3) member Hearing Panel and a non-voting Hearing Chair. \nThe hearing is intended to provide the parties with a fair opportunity to present relevant information to \nthe Hearing Panel and enable the Hearing Panel to make informed decisions regarding responsibility and \nsanctions/remedies. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 33 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n33 \n \n \nThe parties are entitled to provide brief written opening statements and oral and written closing \nstatements and to testify. \nThrough a pre-hearing submission process explained below, the parties are also entitled and encouraged \nto propose questions/topics for those testifying. \n \nThe parties will also be asked to submit a written or recorded Impact/Mitigation Statement, which may be \nsubmitted up to the start of the hearing. \n \nThroughout the hearing, the parties with their advisor(s) and support person, if applicable, will be in \nseparate rooms. \nThe parties may not directly address each other during the Hearing. \n \nFormal Complaints that are adjudicated by a Hearing will be adjudicated using one of two hearing \nprocesses: Hearing Process A or Hearing Process B. \nHearings for all Title IX cases and for non-Title IX cases in which the potential sanction may include \nsuspension or dismissal from the University will be conducted using Hearing Process A. All other cases \nwill be adjudicated under Hearing Process B. \n \nThe Title IX Coordinator will make an initial assessment as to the Hearing Process they anticipate using \nand will provide this information with Notice of the Formal Complaint. \nThe final determination regarding Hearing Process will be made prior to the issuance of the Investigative \nReport and Record and communicated in writing to the parties in the investigative report. \n26.2 Presumption of Non-Responsibility, Burden of Proof, and \nStandard of Proof \nThe respondent will be presumed \u201cnot responsible\u201d unless and until a Hearing Panel determines the \nrespondent is responsible. The University bears the burden of proof and the burden of gathering \nevidence sufficient to reach a determination regarding responsibility. \nThe Hearing Panel will determine whether the respondent is responsible by a majority vote using a \npreponderance of the evidence standard. This means that to find the respondent responsible for any \nprohibited conduct, a majority of the Hearing Panel must be satisfied, based upon the hearing record, that \nit is more likely than not that the respondent committed all of the elements of the alleged prohibited \nconduct. If the Hearing Panel does not find the respondent responsible for any prohibited conduct under \nPolicy 6.4, it will dismiss the case. If the Hearing Panel finds that the respondent is responsible under \nPolicy 6.4, it will consider appropriate sanctions and remedies. \n26.3 Positions of Hearing Panel and Hearing Chair \nThe Hearing Panel will include faculty and staff members selected through an appropriate process \nestablished by the University. \n \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 34 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n34 \n \nThe position of Hearing Chair will be filled through an appropriate process established by the University. \nThe Hearing Chair and Hearing Panel members will receive annual training as required by law. \nThe Hearing Chair will provide guidance to the Hearing Panels and serve as a gatekeeper by making \nevidentiary and procedural rulings both prior to and during the hearing. \nThe Hearing Chair will draft the Hearing Panel decision, reflecting the Hearing Panel\u2019s findings of fact \nand rationales for their determinations regarding both responsibility and sanctions and remedies. The \nHearing Chair will obtain the Hearing Panel\u2019s approval before issuing a written decision. \nGiven this significant role, the Hearing Chair will be non-voting. \n26.4 Notice of Hearing \nAt the completion of an investigation, if a case is referred to a Hearing Panel for a hearing, a Notice of \nHearing will be sent to the parties as soon as practicable. The notice will include the charges at issue; a \nbrief summary of the alleged prohibited conduct; the Hearing Process that will be used; and, if \ndetermined, the date, time, and place of the hearing; the name of the Hearing Chair; and the Hearing \nPanel members. \n \nIf the notice does not include the name of the Hearing Chair, Hearing Panel members, or date, time, and \nlocation of the Hearing, the parties will be so notified, in writing, at a later time, prior to the hearing. \n \nAll efforts will be made to provide the Notice of Hearing no later than seven (7) business days prior to the \nhearing and to schedule the hearing as soon as practicable. \n26.5 Hearing Chair or Hearing Panel Member Conflict of Interest \nUpon receipt of written notice of the names of the Hearing Chair and Hearing Panel members,7 if a party \nbelieves that they have a potential conflict of interest with either a Hearing Panel member or Hearing \nChair, the party should notify the Title IX Coordinator, who will forward the notification to the Hearing \nChair. The notification must be in writing, made within two (2) business days of the notice, and include \nfacts substantiating the claim of conflict. The Hearing Chair has discretion whether to remove a member \nof the Hearing Panel or to recuse themselves. \n26.6 Request to Reschedule Hearing \nEither party may request to have a hearing rescheduled. The request may be granted at the discretion of \nthe Hearing Chair. Absent extenuating circumstances, requests to reschedule must be submitted at least \nfive (5) business days prior to the hearing. A request to reschedule a hearing must be supported by a \ncompelling reason. Given the number of individuals involved in a hearing, and the attendant difficulty of \nscheduling and rescheduling them in a timely manner, it may not be possible to accommodate all \nscheduling requests. The Hearing Chair may also reschedule a hearing, without a request by the parties, \nwhen there is reasonable cause to do so. \n \n7 Notice of the Hearing Chair may precede notice of the Hearing Panel members. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 35 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n35 \n \n26.7 Newly Discovered Evidence \nIf, after the issuance of the final investigative record and investigative report and prior to the issuance of \nthe Hearing Panel decision, a party or the investigator seek to present a witness or introduce evidence not \nrequested prior to the hearing and not disclosed to the investigator, the Hearing Chair may grant \nadmission of the evidence such request upon a showing that the witness or evidence is relevant, material, \nnewly discovered, and could not have been discovered during the investigation with due diligence. \nWhere a Hearing Chair permits a party to introduce a newly discovered witness or evidence, the Hearing \nChair will reschedule or adjourn the hearing for the investigator to investigate the newly discovered \nwitness or evidence. \nThe Hearing Chair will also re-open the pre-hearing submission process, as appropriate, so that the \nparties may respond to the new information. \n26.8 Pre-Hearing Submissions by the Parties \nPrior to a hearing, the parties will be asked in writing by the Title IX Coordinator to make certain \ndecisions and requests regarding the conduct of the hearing. This process is designed to ensure that the \nhearing is conducted in as equitable, respectful, and efficient a manner as possible. \nAll Pre-Hearing Submissions are optional but waived if not completed by the stated deadlines, including \nany approved extensions. \n \nThe Hearing Chair has the authority to redact or reject Pre-Hearing Submissions that do not comply with \nthe Procedures, or contain irrelevant content. \nPrior to the hearing, the Title IX Coordinator will distribute each party\u2019s Pre-Hearing Submissions to the \nother party for their review. \n26.8.1 First Pre-Hearing Submission \u2013 Written Opening Statements and \nWitness Requests (Hearing Processes A and B) \nUpon providing the parties with copies of the final investigative record and report, the Title IX \nCoordinator will instruct the parties, in writing, that they have the opportunity to prepare a written \nopening statement and submit a written list of proposed witnesses. \nThe parties will be given five (5) business days for such submissions. \n \nWithin the five (5) business days, the parties may request extensions that may be granted, if reasonable, at \nthe discretion of the Hearing Chair. Any extension granted to one party will be granted to the other party. \nDelays simply to prolong the process will not be permitted. \n26.8.2 Written Opening Statements \nThe parties may prepare a written opening statement, not to exceed 2500 words. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 36 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n36 \n \nThe purpose of the opening statement is for each party to respond to the investigative report (which is \nnot evidence) and record and explain to the Hearing Panel why it should find in the party\u2019s favor. The \nparties may not add, or address information not contained in the investigative record before the Hearing \nPanel, as the Hearing Panel will not consider new information. Nor may the parties address issues that \npertain to sanctions and remedies. The Hearing Panel does not consider these issues when determining \nresponsibility. The parties may appropriately raise such issues in their Impact/Mitigation Statements. \nThe parties should include specific page citations to the final investigative record. \nThese statements must be signed by the parties. \n26.8.3 Witness Requests \nAll interview statements contained in the final investigative record become part of the hearing record and \nare before the Hearing Panel. If a party wants the Hearing Panel to hear directly from a witness or the \nother party, the party must submit a written request within the five (5) business days. The parties may \nrequest only parties or witnesses who were interviewed by the investigator during the investigative \nprocess. \nSuch a request should include: \n \n1. The names of proposed party or witnesses, including the investigator, if they request that the \ninvestigator testify. \n2. For each proposed party or witness, an explanation of why the individual\u2019s presence is relevant \nand helpful to the Hearing Panel in determining responsibility. For example, the party should \nexplain why a party or witness\u2019s in-person testimony is needed in addition to their interview \nstatement in the final investigative record. \nThe Hearing Chair and Hearing Panel will review the parties\u2019 witness requests. After consultation with \nthe Hearing Panel, the Hearing Chair will rule on the parties\u2019 requests and shall grant reasonable requests \nthat will not unduly burden the hearing process with duplicative or unnecessary cumulative testimony. \nThe Hearing Chair, in consultation with the Hearing Panel, may call witnesses not requested by the \nparties. \n \nThere is no second pre-hearing submission in Hearing Process A; however, the parties may, but need not, \npropose questions and/or topics to be addressed by the Hearing Panel with the requested party or \nwitness. By indicating proposed questions and topics at this juncture, the parties will help the Hearing \nChair and Hearing Panel understand why the parties would like to hear from specific individuals. The \nparties may also propose questions and/or topics to be addressed by the Hearing Panel with themselves if \nthe party chooses to testify. The parties, through their advisors, will have the opportunity to ask \nquestions of the other party and the witnesses. \nIn Hearing Process B, there is a second pre-hearing submission and for second pre-hearing submissions \nto be considered, they must follow the requirements in the section below. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 37 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n37 \n \n26.8.4 Second Pre-Hearing Submission \u2013 Questions and Topics (Hearing \nProcess B Only) \nThe parties will be provided with a witness list and informed in writing that they have an opportunity to \npropose, also in writing: \n1. Questions and topics for the witnesses. The parties may: \na. revise and supplement any questions and topics they already submitted and \nb. propose new questions and topics. \n2. Questions and topics for themselves and the other party. The parties are not required to \ncommit to testifying at this juncture but are encouraged to prepare for the eventuality that \nthey and the other party would testify by submitting proposed questions and topics. \n \nThe Hearing Chair will establish a reasonable deadline for the submissions, typically no longer than five \n(5) business days. \n \nWithin the deadline established by the Hearing Chair, the parties may request extensions that may be \ngranted, if reasonable, at the discretion of the Hearing Chair. Any extension granted to one party will be \ngranted to the other party. Delays simply to prolong the process will not be permitted. \nIn exceptional circumstances, the Hearing Chair, in consultation with the Hearing Panel, may permit late \nrequests only where the necessity for such could not have been reasonably anticipated in advance. \n \nThe Hearing Chair, in consultation with the Hearing Panel, will determine which of the parties\u2019 requested \nquestions will be asked or topics covered. \nThe Hearing Chair will approve in substance all questions or topics that are relevant and that are not \nprohibited by these procedures or applicable laws, unduly prejudicial, or cumulative of other evidence. \nAt the hearing, the parties will have an opportunity to propose additional questions and topics. \n \nThe Hearing Panel and Hearing Chair will be permitted to ask their own questions. \n26.9 Impact/Mitigation Statement \nThe parties will be permitted, but not required, to prepare a written or recorded Impact/Mitigation \nStatement relevant to any sanctions. The parties may submit the statement up until the start of a hearing. \nThe statements are distributed to the Hearing Panel and the parties only if the Hearing Panel finds the \nrespondent responsible. The Title IX Coordinator will provide the Impact/Mitigation Statements to the \nparties with a copy of the Hearing Panel\u2019s written decision. \n26.10 Hearing Process and Format \n26.10.1 Overview of Hearing Process and Format \nAll hearings will be private. The only persons present will be the parties, their advisor(s) and support \nperson, witnesses (when testifying), the Hearing Panel and Hearing Chair, the investigator, and any staff \nnecessary for the conduct of the hearing. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 38 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n38 \n \nThe parties with any advisors and support persons will be in separate, private rooms, except the advisor \nresponsible for the examination process may be present in the same room as the party they are \nquestioning. The parties will never be in the same room as each other. \nThe parties will participate remotely via a secure audio-visual connection, with the exception that when a \nparty testifies and gives their oral closing statement, generally, they should do so in the presence of the \nHearing Panel and Hearing Chair; they may be accompanied by their advisors and support persons. \n \nWitnesses may be present only for their own testimony. \nThe Hearing Chair, in consultation with the Hearing Panel, may establish reasonable time limits, rules, \nand format, providing the parties with equal opportunities to participate. The Hearing Chair may \nadjourn the hearing, once commenced, and later reconvene the hearing in consideration of factors \nincluding, but not limited to, the unavailability of a witness, party, Hearing Chair, Hearing Panel \nmember, or needed personnel; inclement weather; or in order to make an evidentiary or procedural \nruling. \n \nThe Hearing Chair may also declare a \u201cmishearing\u201d if the process has become irreparably tainted (e.g., \nprejudicial conduct by an advisor, circumstances during a hearing rendering a panelist unsuitable for the \npanel, etc.). \n \nFormal rules of evidence will not apply. \nEvidence that was excluded or redacted from the investigative record as impermissible under these \nprocedures or applicable law will not be admissible at the hearing. \n \nTypically, the format of the hearing will be as follows: \n\u2022 \nIntroduction by the Hearing Chair. The Hearing Chair will explain the hearing process, address \nany necessary procedural issues, and answer questions. \n\u2022 \nTestimony by the complainant. \n\u2022 \nTestimony by the respondent. \n\u2022 \nTestimony by any witnesses. \n\u2022 \nClosing statements by the complainant followed by the respondent. \nThe Hearing Chair, in consultation with the Hearing Panel, has the discretion to recall a witness for \nadditional testimony. \nIn Hearing Process A, the testimony portions of the hearing also include opportunity for cross- \nexamination conducted by advisors. \n26.10.2 Testimony and Cross-Examination \nTestimony is conducted through a question-and-answer format. \nThe Hearing Chair will ask persons being questioned to affirm that they will testify truthfully. \n \nBoth the complainant and the respondent may testify or decline to testify and may make their election \nwhen their turn to testify arises. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 39 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n39 \n \nIf a party proposes the other party or a witness not on the witness list, but interviewed by the \ninvestigator, the Hearing Chair, in consultation with the Hearing Panel, may grant the request where the \nnecessity for such could not have been reasonably anticipated in advance. The Hearing Chair, in \nconsultation with the Hearing Panel, reserves the right to call a witness not on the witness list but \npreviously interviewed by the investigator. In such case, the parties will be given time to ask or propose \nquestions for the witness. \nThere is a right to cross-examination in both Hearing Processes. However, the type of cross-examination \ndiffers between them. Only relevant cross-examination and other questions may be asked of a party or \nwitness. Questions and evidence about the complainant\u2019s sexual predisposition or prior sexual behavior \nare not relevant, unless such questions and evidence about the complainant\u2019s sexual predisposition or \nprior sexual behavior are offered to prove that someone other than the respondent committed the \nconduct alleged by the complainant, or if the questions and evidence concern specific incidents of the \ncomplainant\u2019s prior sexual behavior with respect to the respondent and are offered to prove consent. \n \nIn Hearing Process A: \n\u2022 \nEach party\u2019s advisor is permitted to ask the parties and any witnesses all relevant questions and \nfollow-up questions, including those challenging credibility. \n\u2022 \nBefore a complainant, respondent, or witness responds to a question by a party\u2019s advisor, the \nHearing Chair must first determine whether the question is relevant and explain any decision to \nexclude a question as not relevant. \n\u2022 \nIf the complainant chooses to testify, the complainant will testify first. Any questioning of the \ncomplainant will be conducted in this order: Hearing Panel and Hearing Chair, the complainant\u2019s \nadvisor and then the respondent\u2019s advisor. After a break, any follow up questioning of the \ncomplainant will be conducted in this same order. \n\u2022 \nIf the respondent chooses to testify, the respondent will testify next. Any questioning of the \nrespondent will be conducted in this order: Hearing Panel and Hearing Chair, the respondent\u2019s \nadvisor and then the complainant\u2019s advisor. After a break, any follow up questioning of the \nrespondent will be conducted in this same order. \n\u2022 \nAny non-party witnesses will testify after any testimony from the parties and in an order that the \nHearing Chair deems appropriate. Any questioning of non-party witnesses will be conducted in \nthis order: Hearing Panel and Hearing Chair, the complainant\u2019s advisor, and then the \nrespondent\u2019s advisor. After a break, any follow up questioning of non-party witnesses will be \nconducted in this same order. \n\u2022 \nWhen parties have multiple advisors present at the Hearing, the Hearing Chair has the right to \nrequire them to select one of them to conduct the cross-examination throughout the Hearing, so \nlong as such requirement is applied equally to the parties. \nIn Hearing Process B: \n \n\u2022 \nQuestioning will primarily be conducted by the Hearing Panel, but the Hearing Chair may \nsupplement the Hearing Panel\u2019s questioning. \n\u2022 \nIn addition to the pre-hearing opportunity to submit questions and topics, at the hearing there is \nan opportunity for additional questions to be proposed for individuals who testify. This \nopportunity occurs after the witness\u2019s initial testimony. The questions are submitted in writing \nand must be approved by the Hearing Chair, in consultation with the Hearing Panel. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 40 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n40 \n \n26.11 Closing Statements \nThe parties may provide both oral and written closing statements. \nA closing statement is an opportunity for the parties to summarize the evidence in the hearing record and \nsuggest inferences and conclusions. \n \nThe parties may not add, or address information not contained in the hearing record, as the Hearing \nPanel will not consider new information. Nor may the parties address issues that pertain to sanctions and \nremedies. The Hearing Panel does not consider these issues when determining responsibility. The parties \nmay appropriately raise such issues in their Impact/Mitigation Statements. \nThe Hearing Chair will establish a time limit for brief oral closing statements, typically around five (5) \nminutes. \n \nThe Hearing Chair will also set the schedule for submission of written closing statements. The parties \nshould assume that deliberations will commence immediately following the hearing, in which case the \nparties will be expected to submit written closing statements shortly after the oral closing statements. If \nthere is an adjournment for deliberations, the Hearing Chair may provide the parties with limited \nadditional time to submit their statements. \nEach party\u2019s written statement will be limited to 2000 words and to the evidence contained in the \ninvestigative record and hearing. The written statements will be distributed to the other party, Hearing \nChair, and Hearing Panel for their review. \nThese statements must be signed by the parties. \n26.12 Deliberations on Findings of Responsibility \nAfter closing arguments, the Hearing Panel may begin its deliberations. Deliberations will be completed \nas expeditiously as possible. \nDeliberations will be in private and they will not be audio-recorded. \nThe Hearing Chair may participate in deliberations but does not vote. \nThe Hearing Panel will make its decision based upon a majority vote. \n26.13 Deliberations on Sanctions and Remedies \nA Hearing Panel that finds the respondent responsible will continue its deliberations to consider \nsanctions and remedies. \nIt will issue its findings on responsibility and sanctions/remedies simultaneously. \n \nPrior to deliberating on sanctions and remedies, the Hearing Chair will distribute to the Hearing Panel \nany written or recorded Impact/Mitigation Statements previously submitted by the parties, subject to any \nredactions required by law. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 41 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n41 \n \nIf the respondent has a Cornell non-academic disciplinary record, a known non-academic disciplinary \nrecord from another institution, or a known criminal conviction, prior to deliberating on sanctions and \nremedies, the Hearing Chair will also distribute to the Hearing Panel a copy of such disciplinary and/or \ncriminal records. (Where an educational record, including a Cornell disciplinary record, is being \nconsidered solely for sanctions, it will not be shared with the complainant.) \nDeliberations will be in private and they will not be audio-recorded. \nDeliberations will be completed as expeditiously as possible. \nThe Hearing Chair may participate in deliberations but may not vote. \nThe Hearing Panel will determine sanctions and remedies by a majority vote. \nIn determining sanctions and remedies, the Hearing Panel will consider: \n\u2022 \nthe severity of the prohibited conduct; \n\u2022 \nthe circumstances of the prohibited conduct; \n\u2022 \nthe impact of the prohibited conduct and sanctions and remedies on the complainant; \n\u2022 \nthe impact of the prohibited conduct and sanctions and remedies on the community; \n\u2022 \nthe impact of the prohibited conduct and sanctions and remedies on the respondent; \n\u2022 \nprior misconduct by the respondent, including the respondent\u2019s previous school disciplinary \nrecord, both at Cornell University and elsewhere, and any criminal convictions; \n\u2022 \nthe goals of Policy 6.4 and these procedures; and \n\u2022 \nany other mitigating, aggravating, or compelling factors. \nThe Hearing Panel may impose one or more of the following sanctions and remedies: \n\u2022 \nMeasures designed to restore or preserve equal access to the University\u2019s educational program or \nactivity, similar in kind to the Supportive Measures specified under these procedures. \n\u2022 \nAppropriate educational steps (such as alcohol or drug education, reflection papers, counseling, \nor directed study). \n\u2022 \nRestrictions or loss of specified privileges at the University for a specified period of time. \n\u2022 \nOral warnings. \n\u2022 \nWritten reprimands. \n\u2022 \nDisciplinary probation for a stated period. \n\u2022 \nSuspension from the University for a stated period not to exceed three (3) years. \n\u2022 \nDismissal (i.e., expulsion) from the University. \nThe Hearing Panel may also recommend to the Title IX Coordinator that the University take measures on \ncampus to remedy the effect or prevent the reoccurrence of such prohibited conduct. \nUnder Hearing Process A, sanctions and remedies will be effective at the conclusion of the Appeal, or at \n10 days after the Hearing Panel decision, if neither of the parties appeals. Under Hearing Process B, they \nwill be effective immediately, unless otherwise specified by the Hearing Panel. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 42 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n42 \n \n26.14 Hearing Panel Decision \nThe Hearing Panel will issue a written decision as expeditiously as possible upon completion of \ndeliberations, and generally within thirty (30) business days from the final date of deliberations. The \nTitle IX Coordinator will provide the written decision to the parties simultaneously and as soon as \npracticable. \nThe decision will include: \n\u2022 \nthe Procedural steps taken during the investigation \n\u2022 \nthe specific prohibited conduct for which the respondent was found responsible and not \nresponsible with identification of the allegations potentially constituting Title IX sexual \nharassment, \n\u2022 \nthe findings of fact and the rationale for the Hearing Panel\u2019s determinations regarding both \nresponsibility and sanctions, \n\u2022 \nwhether remedies designed to restore or preserve equal access to Cornell\u2019s education program or \nactivity will be provided by Cornell to the complainant, \n\u2022 \nany dissenting opinion, \n\u2022 \nsanctions and remedies if the respondent is found responsible, and \n\u2022 \ninstructions and time limits for appeals. \nThe decision may incorporate and reference any portions of the proceedings, including the investigative \nrecord and report, as the Hearing Panel deems appropriate. \nBoth the complainant and the respondent will be informed simultaneously of any sanctions and \nremedies, the date by which the requirements must be satisfied (if applicable), and the consequences of \nfailure to satisfy the requirements. \n \nAfter the Hearing Chair and Hearing Panel receive notification that the appeal process is completed, the \nHearing Chair and Hearing Panel members will securely dispose of any notes they took during the \nhearing. \n26.15 Hearing Record \nAn audio recording will be made of all hearings, but not of deliberations. The parties may listen to the \naudio recording of the hearing during business hours at a secure and private campus location with access \nfacilitated by the Title IX Coordinator. As determined necessary in the discretion of the Title IX \nCoordinator (e.g., while in remote learning and work environments) and subject to restrictions, the audio \nrecording may be provided to the parties to listen to at a secure and private non-campus location. \nIn the event of any failure rendering the audio recording of the hearing inaudible in whole or in part, the \nrecord will be recreated as necessary, whether in its entirety or for any inaudible portions, with input \nfrom the parties, any witnesses whose testimony is at issue, the Hearing Panel, and Hearing Chair. Such \nfailure will not constitute grounds for appeal. \n \nIndividuals appearing before the Hearing Panel, whether as a party or witness, are prohibited from \nrecording any portion of the hearing. \nHearing Panel members are also prohibited from recording any portion of the hearing. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 43 ---\n\"\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n43 \n \nThe Hearing Panel has access to the hearing record. The hearing record will include: the audio recording \nand written transcript of the hearing, the Hearing Panel\u2019s decision, the final investigative record and \nreport, the parties\u2019 pre-hearing submissions, the written witness list, written opening and closing \nstatements, written submissions permitted by these procedures made to the Hearing Chair or during the \nhearing, and if there is a determination of responsibility, the parties\u2019 Impact/Mitigation Statements, and \ninformation concerning the respondent\u2019s prior misconduct. \n27 APPEAL OF A HEARING PANEL DECISION \nBoth the party-complainant and the respondent may appeal a decision of the Hearing Panel. A non-party \ncomplainant may not appeal the decision of the Hearing Panel. \nAll appeals will be heard by a three (3) member Appeal Panel that includes the Provost and the Vice \nPresident for Student and Campus Life as two permanent ex officio members and a member of the \nHearing Panel pool as the third member. \n \nThe member of the Hearing Panel selected to serve on any one Appeal Panel will be selected in the same \nmanner as the members of a Hearing Panel are selected to serve on any one Hearing Panel. However, no \nperson who served on the Hearing Panel will sit on the Appeal Panel in the same case. \nUpon receipt of written notice of the names of the Appeal Panel members, if a party believes that they \nhave a potential conflict of interest with an Appeal Panel member, the party should notify the Title IX \nCoordinator, who will forward the notification to the Appeal Panelist(s). The notification must be in \nwriting, made within two (2) business days of the notice, and include facts substantiating the claim of \nconflict. The Appeal Panelist(s) has discretion whether to recuse themselves. \n \nAll appeals will be based solely upon the appeal record. \n \nThe appeal record will consist of two parts: the hearing record and supplemental materials. The \nsupplemental materials will include the written appeal and the following to the extent that they exist: a \nwritten response to the appeal, content deemed irrelevant or duplicative by the investigator, evidentiary \nmaterials excluded or redacted from the investigative record, newly discovered evidence, \nimpact/mitigation statements, and information concerning the respondent\u2019s prior misconduct. The \nvarious supplemental materials will only be reviewed by the Appeal Panel as needed, including when \nrelevant to the grounds for the appeal, if the Appeal Panel reverses a finding of not responsible, or is \nconsidering the appropriateness of the sanctions or remedies. \n \nAppeals may be brought only upon one or more of the following grounds: \n1. The sanctions or remedies are not commensurate with the injury/violation or are unjust. \n2. A University official or officials, including the Hearing Panel, assigned responsibility for \nperforming specific functions by these procedures, violated the fair application of relevant \nUniversity procedures, and such violation may have had a prejudicial effect upon the outcome. \nThis includes conflict of interest or bias. \n3. A University official or officials, including the Hearing Panel, assigned responsibility for \nperforming specific functions by these procedures, committed an error in interpreting Policy 6.4, \nthese procedures, and such error may have had a prejudicial effect upon the outcome. This \nincludes determinations of jurisdiction and determinations of Hearing Process. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 44 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n44 \n \n4. The Hearing Panel rendered a decision that is clearly erroneous. \n5. New evidence was discovered after the Hearing Panel\u2019s decision that could not have readily been \ndiscovered before the decision and that would have probably changed the outcome. \nA party may commence an appeal by submitting a written statement to the Title IX Coordinator within \nten (10) business days of issuance of the Hearing Panel\u2019s decision. \n \nThe appeal statement must set forth: \n\u2022 \nthe determination(s) being appealed, \n\u2022 \nthe specific ground(s) for the appeal, and \n\u2022 \nthe facts supporting the grounds. \nThe appeal statement will be limited to 3500 words. \n \nFailure to submit an appeal within the ten (10) business days or any approved extension constitutes \nwaiver of the right to appeal. \nWithin the ten (10) business days, the appealing party may request an extension of time by submitting a \nrequest to the Title IX Coordinator explaining the reason(s) for the request. The Appeal Panel will have \ndiscretion to grant such a request upon a finding of good cause for the delay. \n \nA copy of the appeal statement will be provided to the other party, who, within ten (10) business days \nmay submit a written response to the Title IX Coordinator. The response should address both the specific \nground(s) for appeal set forth in the appealing party\u2019s statement and the specific facts asserted by the \nappealing party. The response will be limited to 2500 words. \nThe Appeal Panel will establish a reasonable schedule for issuing a written decision, typically no later \nthan thirty (30) business days after receipt of the non-appealing party\u2019s submission or the time for \nsubmission has expired. \nThe decision of the Appeal Panel will be final and binding on all parties. \n \nThe decision must be by a majority vote of the Appeal Panel and will include the rationale and any \ndissenting opinion. \nFindings of fact will not be set aside unless clearly erroneous. \nHarmless error will be ignored. \nThe Appeal Panel may affirm the decision of the Hearing Panel or sustain any of the above-specified \ngrounds for appeal, in which case the Appeal Panel may: \n\u2022 \nreverse a finding; \n\u2022 \nchange a sanction or remedy; \n\u2022 \nremand a case to the original Hearing Panel for clarification or reconsideration consistent with \nthe Appeal Panel\u2019s decision, if doing so would assist with a timely, practicable, and efficient \nresolution of the case; \n\u2022 \nremand a case for a new hearing to either the original Hearing Panel or a newly composed \nHearing Panel; or \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 45 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n45 \n \n\u2022 \nremand a case for a new or additional investigation, followed by an adjudication consistent with \nthese procedures, to either the original investigator or to a new investigator. \nIf the Appeal Panel reverses a finding of not responsible, the Appeal Panel must also determine the \nsanctions and remedies to be included in their written decision. If the Impact/Mitigation Statements have \nnot previously been distributed, they would be distributed to both parties only upon a finding of \nresponsibility, and, in that instance, when the Title IX Coordinator distributes the Appeal Panel\u2019s written \ndecision to the parties. \nIf the Appeal Panel calls for the admission of new evidence, if possible, it will remand the case to the \nHearing Panel from which it originated for a new hearing. \n \nUpon remand from the Appeal Panel, as necessary and possible, a Hearing Panel may remand a case to \nthe investigator from which it originated for further investigation. \n28 REQUEST FOR A STAY PENDING APPEAL \nIn Formal Complaints using Hearing Process B, only, the Appeal Panel has discretion to stay any \nsanctions pending a final decision on the appeal. The Appeal Panel may, but is not required to, stay a \nsanction where the appealing party demonstrates the need for a stay by a clear showing. \n \nAn application for a stay must be submitted to the Title IX Coordinator. The Title IX Coordinator will \nprovide a copy of the stay application to the Appeal Panel and the other party, who is entitled to respond \nto the stay application by submitting to the Title IX Coordinator a written response. \nThe Appeal Panel will set a reasonable timeline for handling the stay application, including a deadline for \nthe other party to respond to the stay application. \n \nThe Appeal Panel has discretion to reconsider its decision on a stay at any time during the appeal. \nThe stay expires at the conclusion of the appeal. \n \n29 TRANSCRIPT NOTATIONS AND WITHHOLDING \nDEGREES \nPursuant to the Office of the University Registrar transcript notation policy for student conduct matters, \nthe following actions will result in a permanent transcript notation for a student: \n\u2022 \ndismissal (i.e., expulsion) after a finding of responsibility; \n\u2022 \nsuspension after a finding of responsibility; and \n\u2022 \nwithdrawal from the University while a Formal Complaint is pending. \nIf the underlying finding of responsibility is vacated for any reason, the transcript notation will be \nremoved. \n \nThe University may withhold awarding a degree otherwise earned until the adjudication process set forth \nin these procedures is complete, including the satisfaction of any sanctions imposed.8 \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026\n\n--- Page 46 ---\nProcedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 \nEffective Date: August 1, 2016 \nLast Updated: August 5, 2024 \n46 \n \nThe University will temporarily note the respondent\u2019s transcript if the respondent has been temporarily \nsuspended pursuant to these procedures. This temporary notation may not be appealed and will be \nremoved upon resolution of the temporary suspension. \n30 RESTORING RESPONDENT\u2019S REPUTATION UPON A \nDISMISSAL OF A FORMAL COMPLAINT \nUpon completion of all proceedings, including any appeals, if a Formal Complaint has been dismissed, \nwhere appropriate, the Title IX Coordinator will attempt to restore the reputation of the respondent. To \nthe extent permissible by law and University policy, the Title IX Coordinator may take such steps as \ndeleting records and, unless the respondent prefers otherwise, notifying persons who participated in the \nproceedings of the dismissal and/or making a public announcement of the outcome. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n8 To ensure these procedures are fully compliant with federal Title IX regulations, the University currently does not \nwithhold the awarding of degrees otherwise earned until the adjudication process set forth in these procedures is \ncomplete. \nCI2026-07229\nIndex #: EF2026-0292\nFILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM\nINDEX NO. EF2026-0292\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 03/30/2026","thumbnailUrl":"https://lucycraig.blog/media/490/thumb.webp","transcriptStatus":"not_applicable","transcriptText":"","url":"https://lucycraig.blog/media/490"}