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EXHIBIT(S) - 1 (Motion #1) Policy 6.4
NYSCEF document #30 | Filed: 2026-07-17 | Filed by: PENCE, ADAM G Filed: Received: | Docket status: Processed Confirmation Notice | Case: Jane Doe v. Cornell Univeristy (Tompkins County) | Source: NYSCEF
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EXHIBIT
1
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Cornell University Policy Office
policy.cornell.edu
Policy 6.4
Prohibited Bias, Discrimination, Harassment, and Sexual and
Related Misconduct
1 Policy Introduction
Cornell University is committed to providing a safe, inclusive, and respectful learning, living, and
working environment for its students, faculty, and staff. The university does not discriminate on the
basis of protected status in the education programs and activities it operates, including admission
and employment. To this end, the university provides means through this policy to address bias,
discrimination, harassment, and sexual and related misconduct (which is considered a form of sex-
based discrimination).
Identities protected under this policy are those protected under federal, state, and local equal
education and employment laws and regulations. These include race, ethnic or national origin,
citizenship and immigration status, color, sex/gender, pregnancy or pregnancy-related conditions,
age, creed, religion, actual or perceived disability (including persons associated with such a
person), arrest and/or conviction record, military or veteran status, sexual orientation, gender
expression and/or identity, an individual’s genetic information, domestic violence victim status,
familial status, marital status, caregiver status, height, weight, and any other legally protected
class.1
2 To Whom This Policy Applies
Policy 6.4 applies to every Cornell University staff member, faculty, and student, as well as all
activities undertaken by or on behalf of the university. Cornell University includes Weill Cornell
Medicine (WCM) as well as all other Cornell locations.
3 Policy 6.4 Procedures
There are several distinct procedures and other mechanisms for reporting, investigating, and
resolving matters under this policy, with each procedure designed to correspond best with different
types of conduct and the university’s different constituencies and legal obligations. In any given
case, the applicable procedure depends upon both the conduct alleged, and the respondent’s
relationship with the university (student, faculty, staff, or third party).
1 These identities are interpreted consistent with the definitions set forth in the applicable federal, state, and local equal
education and employment laws and regulations.
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Cornell University Policy 6.4, Prohibited Bias, Discrimination, Harassment, and Sexual and Related
Misconduct
Last updated: December 20, 2023
2
Cornell University Policy Office
policy.cornell.edu
For All Units and Colleges Except Weill Cornell Medicine
Procedures for Resolution of Reports Against Students Under Cornell University Policy 6.4
Procedures for Resolution of Reports Against Employees Under Cornell University Policy 6.4
(Title IX Prohibited Conduct)
Procedures for Resolution of Reports Against Employees Under Cornell University Policy 6.4
(Non-Title IX Prohibited Conduct)
For All Weill Cornell Medicine Units
Procedures for Resolution of Reports Against Students (WCM) Under Cornell University Policy
6.4
Procedures for Resolution of Reports Against Employees (WCM) Under Cornell University
Policy 6.4 (formerly included in WCM Interim Policy 206)
4 Policy Principles
The following principles are expected to be adhered to by all individuals to whom this policy applies:
4.1 Nondiscrimination: The university is committed to preventing, responding to, and remedying
the effects of bias, discrimination, harassment, and sexual and related misconduct.
4.2 Protection Against Retaliation: The university is committed to protecting individuals from
retaliation arising from engaging in protected activity under this policy.
4.2 Process: The university is also committed to providing prompt, fair, and impartial processes for
all parties when prohibited conduct is alleged.
4.3 Privacy: To ensure the integrity of this policy and its applicable procedures (see Procedures),
and to encourage parties and witnesses to participate in matters under this policy, the university
recognizes that participants should be protected from unreasonable disclosure of their involvement
in processes under any of the applicable procedures, and of any information they reveal during their
participation. However, the university also recognizes that there are legal mandates that govern
disclosure and afford participants certain rights to disclose information related to matters under this
policy.
The university will take reasonable measures to protect the privacy of proceedings and records;
however, the university cannot and does not guarantee that privacy will be maintained. Privacy
does not mean that the university is constrained from divulging facts of proceedings in appropriate
circumstances. Additionally, the university may publicly divulge details of an outcome if one of the
parties discloses selective portions of the proceedings, or if the matter is involved in litigation.
4.4 Reporting: With the exception of Designated Reporters and supervisors and managers with a
duty to report or respond per this policy, faculty or staff are not subject to a reporting obligation
under this policy. (However, they may have reporting obligations under other policies or state or
federal law.) Regardless, all employees (excluding confidential resources) are encouraged to report
instances of violations of this policy to the Office of Institutional Equity and Title IX (“OIETIX”) or
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Cornell University Policy 6.4, Prohibited Bias, Discrimination, Harassment, and Sexual and Related
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WCM’s Office of Institutional Equity (“OIE”). A report should include relevant known information
including who was involved in an incident, what happened, and when and where it occurred.
When OIETIX or OIE receive a report of prohibited conduct, they will contact the complainant, if
known, or another individual reporting the prohibited conduct to offer supportive measures.2 The
individual will also be advised of the option to pursue a formal complaint, if such an option is
available, and any other available reporting options and resources.
4.5 Supervisor’s and Manager’s Duty to Respond to Harassment and Discrimination in the
Workplace: Supervisory and managerial personnel must take all reasonable actions to report and
respond immediately to any reports or observations of sexual harassment and/or discrimination that
may impact an employee’s working environment.
4.6 Designated Reporter’s Duty to Report Sexual and Related Misconduct Involving
Students: When Designated Reporters become aware of an alleged incident of sexual harassment
(which includes sexual assault, dating violence, domestic violence, and stalking) that involves a
student as either the complainant or respondent, they are obligated to report information they have
to the Title IX Coordinator and to provide their contact information when making the report.
Designated Reporters should report the name, date, time, location, and description of the incident
(if known). They otherwise will maintain an individual’s privacy to the greatest extent possible,
relaying information only as necessary for the Title IX Coordinator to respond and seek resolution
as described in the Procedures.
The university has identified certain offices and employee positions as Designated Reporters. See
the List of Cornell Designated Reporters.
WCM’s Designated Reporters are all employees holding the following titles: Practice Managers,
Division or Department Administrators, Deans, Senior Associate Deans, Associate or Assistant
Deans, Executive Vice Provost, Assistant Vice Provost, Assistant Deans, Chief Administrative
Officers, Directors, Senior Directors, and any person who serves as the head of a department, unit,
center, and/or institute.
4.7 How to Report a Concern
Concerns can be reported through the University Guardian Reporting form.
Concerns can also be reported in person in Day Hall, Suite 500, via phone (607) 255-2242 or fax
(607) 255-7481, or by email to [email protected] for concerns related to sexual and related
misconduct or [email protected] for concerns related to bias, discrimination, or harassment.
Concerns arising out of WCM can be reported directly to OIE in person at 575 Lexington Ave., 6th
Floor, New York, NY 10022, via phone (718) 619-5527, by email at [email protected], or via
the Complaint of Discrimination, Harassment, and/or Retaliation Form.
2 In this policy, various university officials, such as the Title IX Coordinator, are assigned responsibility for performing
specific functions. Named officials are authorized to delegate responsibility to other appropriate university officials except
where such delegation contravenes university policy. Additionally, named officials and their designees may consult with
appropriate university officials, the Office of General Counsel, and subject-matter experts.
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The Cornell Ethics and Compliance Hotline is the primary mechanism to confidentially or
anonymously report ethics, integrity, or compliance concerns to the University.
Other reporting options are also available if a report implicates multiple concerns including those
outside of Policy 6.4.
4.8 Reporting to Law Enforcement
All individuals are urged to report immediately to law enforcement any conduct that may constitute a
crime. An individual who believes they have experienced sexual or related misconduct prohibited
under this policy may choose to report to the university and/or to law enforcement. An individual
may pursue either, both, or neither of these options. Reports to the university and law enforcement
may be made simultaneously. To make a report to law enforcement, contact one of the following:
• 911 (for emergencies)
• Cornell University Police Department: (607) 255-1111
• Ithaca Police Department: (607) 272-9933
• New York Police Department (19th Precinct): (212) 452-0600
• New York Presbyterian Hospital Security: (212) 746-0911
• New York State Police dedicated 24-hour hotline to report a sexual assault, dating
violence, domestic violence, and stalking on campus: (844) 845-7269
4.9 Confidential Resources
The university offers a number of confidential resources for individuals who are unsure whether to
report misconduct or who seek counseling or other emotional support in addition to, or without,
making a report to the university.
Conversations with the university’s “confidential resources” are kept strictly confidential and, except
in rare circumstances, will not be shared without explicit permission, as explained below:
•
Cornell Health, Faculty and Staff Assistance Program, and Cornell United Religious Work
Chaplains will not share with OIETIX or any other university officials any information
disclosed to them in the course of providing medical and/or mental health services or
pastoral counseling. These conversations may also be legally privileged in the event of a
court proceeding.
•
At Weill, the Student Mental Health Program, Employee Assistance Program, Student
Ombudsman, and Faculty Ombudsman will not convey any personally identifiable
information to OIE or any other university officials; however, they may share de-identified
statistical or other information regarding prohibited conduct under this policy.
•
The Cornell Victim Advocates, the professional staff of the Office of Spirituality and Meaning
Making, Gender Equity Resource Center, LGBT Resource Center, and the Ombudsman will
not convey any personally identifiable information to OIETIX or any other university officials;
however, they may share de-identified statistical or other information regarding prohibited
conduct under this policy.
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•
The Advocacy Center of Tompkins County is independent of Cornell and has no duty to
consult with the university.
•
The NYP Victim Intervention Program is independent of Cornell and has no duty to consult
with the university.
For information about confidential resources and support for individuals who have experienced or
been accused of harm, please see the complete list of resources for support.
5 Responsibilities
5.1 Responsible Offices and Officials:
Office of Institutional Equity and Title IX: OIETIX is responsible for enforcing the university’s civil
rights obligations to prevent, address, and remedy bias, prohibited discrimination and protected-
status harassment, including sexual and related misconduct, by administering this policy and
accompanying procedures, which includes conducting investigations of formal complaints against
students, faculty, and staff.
Title IX Coordinator: The Title IX Coordinator is authorized by the university to coordinate
institutional efforts to comply with its Title IX responsibilities and to institute corrective measures on
behalf of the university.
Weill Cornell Medicine Office of Institutional Equity: OIE is responsible for enforcing the university’s
civil rights obligations to prevent, address, and remedy bias, prohibited discrimination and
protected-status harassment, including sexual and related misconduct, by administering this policy
and accompanying procedures, which includes conducting investigations of formal complaints
against students, faculty, and staff for Weill Cornell Medicine.
Weill Cornell Medicine Title IX Coordinator: The Title IX Coordinator is authorized by the university
to coordinate institutional efforts to comply with its Title IX responsibilities and to institute corrective
measures on behalf of the university for Weill Cornell Medicine.
5.2 Other Relevant University Offices and Officials (University Management):
Office of Student Conduct and Community Standards (“OSCCS”): OSCCS is responsible for
educating Ithaca-based students (including Cornell Tech) students about behavioral expectations
and for maintaining disciplinary records of all Policy 6.4 matters under the Procedures for
Resolution of Reports Against Students.
Department of Athletics and Physical Education: The Department of Athletics and Physical
Education is responsible for receiving questions and concerns about, and reports of, discrimination
in participation in intercollegiate athletics.
Bias Assessment and Review Team (“BART”): BART is responsible for receiving and reviewing
reports of bias.
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Senior Woman Administrator: The Senior Woman Administrator is responsible for receiving
complaints, reports, and concerns regarding Participation in Intercollegiate Athletics Title IX Claims.
Teacher-Learner Committee at WCM: The Teacher-Learner Committee is the body charged with
monitoring, reviewing, investigating, and aiding in the resolution of student mistreatment issues at
the Medical College.
5.3 Individuals: Each Cornell University staff member, faculty, and student, is responsible for
reading and abiding by this policy and the processes and procedures set forth in the Procedures for
Resolutions of Reports Against Students, Employees (Title IX Prohibited Conduct), and Employees
(Non-Title IX Prohibited Conduct), any related procedures or programs, consulting OIETIX or OIE at
WCM when questions arise, and completing required trainings. Supervisors, managers, and those
who are Designated Reporters have enhanced reporting responsibilities. See Section 4.
6 Record Retention
Records associated with this policy shall be maintained by the Unit engaging in the activity.
Records shall be retained or disposed of in accordance with University Policy 4.7, Retention of
University Records.
7 Compliance
This policy furthers the university’s commitment to creating a learning, living, and working
environment free of bias, discrimination, harassment, and sexual and related misconduct, and to
meeting applicable legal requirements. Such applicable legal requirements include, but are not
limited to Title VII of the Civil Rights Act of 1964 (Title VII), Title IX of the Education Amendments of
1972 (Title IX) including the 2020 amendments to the Title IX regulations (34 CFR Part 106), Title
VI of the Civil Rights Act of 1964 (Title VI), Section 504 of the Rehabilitation Act (Section 504), the
Americans with Disability Act, the Violence Against Women Reauthorization Act of 2013 (VAWA),
the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery
Act), the New York State Education Law Article 129-B (NYS 129-B), the New York State Human
Rights Law, New York City Administrative Code § 8-101 et seq., and the Tompkins County Human
Rights Law. The requirement not to discriminate on the basis of sex in the education program or
activity that Cornell University operates is required by Title IX The requirement not to discriminate
on the basis of race, color, or national origin in the education program or activity that Cornell
University operates is required by Title VI The requirement not to discriminate on the basis of
disability in the education program or activity that Cornell operates is required by Section 504.
Inquiries about the application of Title IX to students may be referred to the university’s Title IX
Coordinator, the Assistant Secretary of the U.S. Department of Education, or both. Inquiries about
the application of Title VI and Section 504 to students may be referred to the OIETIX, the Assistant
Secretary of the U.S. Department of Education, or both.
8 Special Provisions Related to Students
8.1 Drug and Alcohol Amnesty: The health and safety of every student at the university is of
utmost importance. The university recognizes that students who have been drinking and/or using
drugs (whether such use is voluntary or involuntary) at the time that prohibited conduct under the
applicable procedures occurs may be hesitant to report incidents due to fear of potential
consequences for their own conduct. The university strongly encourages students to report such
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prohibited conduct. A student bystander or complainant acting in good faith who discloses any
incident of prohibited conduct under the applicable procedures to a Cornell official or to law
enforcement shall not be subject to action under the university’s Student Code of Conduct (or under
applicable provisions of WCM’s student handbooks) for violation of alcohol and/or drug use
occurring at or near the time of the commission of the prohibited conduct. While no disciplinary
action will be taken, Cornell reserves the right to take steps necessary to address health and safety
concerns for the individual and the community, as well as the right to report truthfully to licensing
bodies.
8.2 New York State Student Bill of Rights:
With respect to sexual assault, dating violence, domestic violence and stalking as defined in the
applicable Procedures, all students have the right to:
1. Make a report to local law enforcement and/or state police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated
seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the
judicial or conduct process and/or criminal justice process free from pressure by Cornell;
4. Participate in a process that is fair, impartial, and provides adequate notice and a
meaningful opportunity to be heard;
5. Be treated with dignity and to receive from Cornell courteous, fair, and respectful health care
and counseling services, where available;
6. Be free from any suggestion that a complainant is at fault when these crimes and violations
are committed, or should have acted in a different manner to avoid such crimes or
violations;
7. Describe the incident to as few Cornell representatives as practicable and not be required to
unnecessarily repeat a description of the incident;
8. Be protected from retaliation by Cornell, any student, the accused and/or the respondent,
and/or their friends, family and acquaintances within the jurisdiction of Cornell;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an adviser of choice who may assist and advise a complainant,
accused, or respondent throughout the judicial or conduct process including during all
meetings and hearings related to such process; and
11. Exercise civil rights and practice of religion without interference by the investigative, criminal
justice, or Cornell University process.
9 Related Resources
9.1: Resources for Support: For individuals who have experienced or been accused of harm,
please see the complete list of resources for support.
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9.2: Relevant University Policies and Information:
University Policy 4.7, Retention of University Records
University Policy 5.1, Responsible Use of Information Technology Resources
University Policy 6.2.10, Establishment of College-Level Academic Employee Grievance
Procedures
University Policy 6.3, Consensual Relationships
University Policy 6.11.3, Employee Discipline (Excluding Academic and Bargaining-Unit Staff)
University Policy 6.13, Disability Accommodation Process for Faculty and Staff
University Policy 6.13.8, Religious Accommodation
University Policy 8.8, Children and Youth Safety
Equal Opportunity and Affirmative Action
Faculty Grievance Policies
Student Code of Conduct
Collective Bargaining Unit Contracts
Faculty Handbook
Graduate School Code of Legislation
Human Resources Policy 6.11.4, Staff Complaint and Grievance Procedure
Office of Institutional Equity and Title IX
Open Doors, Open Hearts, and Open Minds: Cornell’s Statement on Diversity and Inclusiveness
Sexual Harassment and Assault Response and Education (SHARE)
Student Disability Services
Weill Cornell Medicine Student Disability Services
Student Employment Policies of the Office of Financial Aid and Student Employment
Weill Cornell Medicine Office of Institutional Equity
10 Definitions
Term
Definition
Bias Activity
Action taken that one could reasonably and prudently conclude is
motivated, in whole or in part, by the alleged offender’s bias against an
actual or perceived aspect of diversity, including, but not limited to
membership in an Equal Education and Employment Opportunity (EEEO)
protected class (e.g., disability, race, sex, gender identity).
Complainant
Person who is the subject of a report or initiates a formal complaint of
prohibited conduct under this policy. A complainant may be a single
person or several individuals. (Compare Respondent).
Education Program or
Activity
Locations, events or circumstances over which the university exercised
substantial control over both the respondent and the context in which the
prohibited conduct occurs, and also includes any building owned or
controlled by a student organization that is officially recognized by the
university.
Equal Education and
Employment
Identities protected under federal, state, and local equal education and
employment laws and regulations. These include race, ethnic or national
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Opportunity (EEEO) -
Protected Status
origin, citizenship and immigration status, color, sex/gender, pregnancy or
pregnancy-related conditions, age, creed, religion, actual or perceived
disability (including persons associated with such a person), arrest and/or
conviction record, military or veteran status, sexual orientation, gender
expression and/or identity, an individual’s genetic information, domestic
violence victim status, familial status, marital status, and any other legally
protected status. These identities are interpreted consistent with the
definitions set forth in the applicable federal, state, and local equal
education and employment laws and regulations.
Faculty
Person who holds appointment to an academic title (as specified in the
Bylaws of Cornell University, Article XVII).
Formal Complaint
Signed, written document from a complainant alleging specific prohibited
conduct by a respondent and initiating the applicable resolution
procedures under this policy, or a similar written document on behalf of
the university, signed by a university official.
Investigation
Systematic inquiry into a formal complaint.
Preponderance of
Evidence
Standard of proof required to make a finding of responsibility for prohibited
conduct under this policy, defined as “more likely than not” that the
respondent engaged in the alleged prohibited conduct.
Procedural Advisor
Person chosen by a party to accompany the party to meetings related to
matters under this policy, to advise the party on the procedures, and, as
applicable, to conduct cross-examination for the party at the hearing.
Complainants’ and Respondents’ Codes Counselors are Cornell Law and
graduate students who serve as procedural advisors under this policy and
within the campus disciplinary system for, respectively, student
complainants and respondents.
Prohibited Conduct
Conduct that constitutes a violation of this policy, including discrimination,
protected status harassment, retaliation, and sexual misconduct. See the
Procedures section for the different types of prohibited conduct
corresponding with the university’s different constituencies and legal
requirements.
Report
An account of an incident of prohibited conduct made to the university.
Ideally, a report should include information about who was involved in an
incident, what happened, and when and where it occurred.
Respondent
Person against whom a report or formal complaint of prohibited conduct
under this policy is made. (Compare Complainant).
Sanction
Disciplinary action imposed on an individual after a finding of
responsibility. Sanctions are set forth in the applicable procedures.
Staff
Employee of Cornell University on any campus who does not meet the
definition of faculty. A student who has an employment role who is acting
in the scope of their employment will be considered a staff member under
this policy.
Student
Undergraduate, graduate, medical, veterinary, or professional student
upon their commencement of attendance, defined as the earliest of: the
first day of the term for which they were admitted; their first day residing in
a university residence hall; the first day of a university-sponsored pre-
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orientation trip, activity, or academic program in which they are
participating; or the first day of a graduate assistantship in the first
semester/term for which they were admitted. Status as a student ends
when the student withdraws or is withdrawn from the university, is
dismissed (expelled) from the university, or graduates.
An individual participating in a non-credit-bearing program or attending
class(es) at the university on a non-credit basis, or an individual attending
class(es) at the university on a for-credit basis while still an elementary,
middle, or high school student, or foreign equivalent, is not a student for
the purposes of this policy.
Supportive Measures
Non-disciplinary, non-punitive individualized services offered as
appropriate, as reasonably available, and without fee or charge to the
complainant or respondent before or after the filing of a formal complaint
or where no formal complaint has been filed.
11 Responsible Office and Policy Administration
Policy Clarification and
Interpretation
Contact
Phone
Email/Web Address
Cornell University
Office of Institutional
Equity and Title IX
(607) 255-2242
[email protected]
[email protected]
Weill Cornell Medicine
Office of Institutional
Equity
(718) 619-5527
[email protected]
Unit
Title
Human Resources
Vice President and Chief Human Resources Officer
Office of the Provost
Provost
Student & Campus Life
Vice President for Student & Campus Life
12 Revision History
Date
Summary of Revisions
Originally Issued:
July 8, 1996
Current Version
Approved:
October 16, 2023
Last Updated:
December 20, 2023
Revision notes:
Updated the University Guardian Reporting Form link on page 3 in
Section 4.7.
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