Title IX

Title IX is a Federal civil rights law that prohibits discrimination on the basis of sex in educational programs and activities that receive Federal funds. Under Title IX, every institution must designate an employee as a “The Title IX Coordinator” who is responsible for ensuring compliance with Title IX.

Bernard Dufresne, Assistant Vice President of the Office of Civil Rights Compliance, serves as the University’s Title IX Coordinator. Bernard is available by phone at (212) 346-1310 and email at bdufresne@pace.edu.

All Pace University employees, excluding staff in the Counseling Center, University Healthcare, and the Office of Sexual and Interpersonal Wellness, are required to notify the Title IX Coordinator when the employee has information about conduct that may constitute discrimination, or harassment, including sex-based harassment. However, a person who wishes for the University to take action, is strongly encouraged to report directly to the Office of Civil Rights Compliance. OCRC@pace.edu.

When the Office of Civil Rights Compliance receives a report, we will review the information to determine whether the reported conduct, if true, could fall within the scope of the University's Policy. If the matter does not appear to involve Prohibited Conduct, the report may be referred to another appropriate University office for review and follow-up.

If the report suggests potential Prohibited Conduct and the Complainant is identifiable, a member of our office will reach out to discuss available resources, rights, and options. This conversation may include:

• Assessing immediate needs and offering supportive measures.
• Providing information about medical care, safety planning, and preserving evidence.
• Explaining reporting options, including the choice to contact law enforcement and seek protective orders.
• Reviewing available University and community resources.
• Discussing resolution options, including Informal Resolution (when appropriate) and the Formal Complaint process.
• Explaining the University's prohibition against retaliation.

The University is committed to maintaining an environment free from all forms of sexual misconduct.

For information about how the University responds to concerns about sex-based misconduct, please refer to Pace University’s Sex-Based Misconduct Policy (PDF).

There are various confidential and non-confidential resources available.

Confidential resources on campus. A confidential resource provides emotional support and/or medical services and maintains confidentiality. A report to a confidential resource does not result in a University investigation or any other University action to respond to the incident.

Office of Civil Rights Compliance. The Title IX Coordinator ensures that reports and complaints of sexual misconduct are handled properly in a prompt, equitable, and timely manner. The Title IX Coordinator is also available to answer any questions that members of the University community may have about the Sex-Based Misconduct Policy and to assist them in gaining access to available resources and understanding their rights.

Safety and Security. The Office of Safety and Security ensures the safety of students, faculty, staff, and visitors of Pace University by providing a 24-hours a day, 365 day per year security presence on the University’s New York City, and Westchester campuses.

Additionally, many hospitals in New York City have specially trained Sexual Assault Forensic Examiners (SAFEs) who can provide medical care and collect evidence that may be used if you choose to pursue legal action. SAFE exams are provided at no cost, and you may stop the examination at any time if you feel uncomfortable.

If possible, avoid eating, drinking, showering, brushing your teeth, combing your hair, or changing your clothes before the exam. However, if you have already done any of these things, evidence may still be collected, and it is still important to seek medical attention.

Having evidence collected does not require you to report the incident to law enforcement or pursue criminal charges. The purpose of the exam is to preserve your options should you decide to take those steps in the future.

If an incident is reported to the Office of Civil Rights Compliance, the Title IX Coordinator reaches out to the complainant to check in with them, offer them resources and support and provide information about the University’s grievance process, including how to file a formal complaint. The complainant can decide whether they want to pursue a formal investigation, whether they just want to register the concerns with the Office of Civil Rights Compliance or whether they want to seek out support, but do not want the University to take any further action.

References made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse.

References made to privacy mean Pace University offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. Pace University will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

Supportive Measures are offered by the Title IX Coordinator to both parties in order to provide support to students on campus. Some examples include counseling services through the Pace Counseling Center, no-contact orders, modifications to work or class schedules, changes in class, work, housing, or extracurricular or any other activity etc. These are items you can request without filing a complaint.

Yes. Respondents often ask if they are entitled to the same support. Title IX regulations require that supportive measures be offered equally to both complainants and respondents.

Yes. If the effects of the incident interfere with your campus life, you are eligible for support regardless of where it occurred.

The informal resolution process is available to both parties at any time prior to a determination or finding being made. You need to file a complaint in order to engage in an informal resolution. Both parties need to provide consent to participate.

If both parties consent to participate in the Informal Resolution process, the University will assign a facilitator. An Informal Resolution leads either to an agreement between the parties or no agreement. If an agreement is reached, the case is closed. If an agreement is not reached, the Title IX office will work with the Complainant on the next steps, including an investigation.

Generally, no. In most cases, the Title IX Coordinator will assign a facilitator who acts as a mediator, communicating terms back and forth between parties so they do not have to interact directly.

Agreements are flexible and tailored to the parties' needs. Common examples include:

• Written or in-person apologies.
• Mandatory educational training or counseling for the Respondent.
• Permanent or extended No-Contact Directives.
• Restrictions from specific campus events or shared classes.

Typically, no. Because an informal resolution does not involve a "finding of responsibility" for a policy violation, it usually does not result in a formal disciplinary record or transcript notation. However, some agreements may include an "acceptance of responsibility" for the impact of the behavior.

Yes—but only before the final agreement is signed. Either party can withdraw from the informal process at any time, which typically causes the formal investigation and hearing process to resume.

Pace University will provide for adequate, reliable, and impartial investigation of complaints. If a formal complaint is filed, the Civil Rights Compliance Office will send a notice of allegations letter to both parties notifying them of the allegations and the grievance process. An Investigator will meet with the Complainant, Respondent, and Witnesses to gather relevant information. Both parties will be able to review the evidence and provide a written response. A live Title IX hearing will be scheduled where the Decision-maker/Hearing Officer and the parties’ advisors will ask questions of the parties and witnesses and then make a determination of responsibility.

Yes. Pace University has an obligation to appropriately evaluate all complaints, regardless of whether there is a concurrent complaint before law enforcement. Pace’s process is an administrative process that is different from the criminal justice process. Per New York state law, Pace University’s process run concurrently with a criminal justice investigation and proceeding, however, temporary delays are allowed as requested by external municipal entities while law enforcement gathers evidence.

The University maintains discretion to continue an investigation when a Respondent withdraws or leaves the University while the grievance process is pending. 

A complainant or respondent is permitted to request the presence of an advisor of choice. An advisor of choice is a person selected by the complainant or respondent to advise and accompany the complainant or respondent throughout the investigation and adjudication process. An advisor of choice may be any person, including an attorney. The institution does not appoint or pay for an advisor of choice. Advisors may attend all meetings and proceedings with their advisee; however, they cannot speak on behalf of their advisee or submit documents on behalf of their advisee and must comply with the University’s rules of decorum.

A complainant or respondent who does not opt to be accompanied by an advisor of choice at a Title IX hearing is entitled to be appointed an advisor by the University at no charge to the party. This advisor is referred to an “institution advisor” who may be but need not be an attorney. An institution advisor’s role is to ask cross-examination questions of the other party during a hearing. An institution advisor does not represent a party in any legal sense. At a hearing, an institution advisor is allowed the same right of participation as an advisor of choice. The party is responsible for formulating the cross-examination questions the institution advisor will pose during the hearing.

Formal Title IX hearings can either take place in person or virtually, depending on the circumstances.

The hearing provides an opportunity for the hearing officer to question the parties and witnesses, review evidence, and involves the parties’ advisors having the opportunity to ask questions to the other party and any witnesses.

Title IX live hearings are not public, and the only individuals permitted to participate in the live hearing are as follows: Decision-Makers/Hearing Panel, Complainant, Respondent, Investigator, Witnesses, and Advisors.

A witness is someone who has information about an alleged incident or situation that is being investigated. This information can be either direct knowledge, secondary knowledge, or serving as an expert witness.

In the investigation process, person(s) bringing forward allegations, or in certain cases, person(s) against whom sexual misconduct allegedly occurred, are referred to as “Complainant(s),” and those who are alleged to have committed sexual misconduct are referred to as “Respondent(s). Individuals who have direct or relevant experience with or knowledge of events, issues, or circumstances related to the investigation, or who Complainants or Respondents want the investigator to speak with, are referred to as witnesses.

Either party (the Complainant and/or the Respondent) or the Investigator may request individuals to serve as witnesses. If someone names you as a witness, you may be asked by an Investigator to participate in the process. Your role as a witness in the Title IX process is incredibly important. You can provide information that allows the investigators and decision makers to piece together facts regarding the alleged incident.