Hobart and William Smith Colleges

Title IX of the Education Amendments of 1972 states, “[n]o person in the United States shall, based on sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” (20 U.S.C. § 1681)


Title IX applies broadly across campus life from admissions through alumni activities. It protects community members from sexual violence, harassment, and discrimination on the HWS campus, other property owned or controlled by HWS or in a building owned or controlled by a student organization officially recognized by HWS, or to any conduct that occurs in the context of employment with HWS or in HWS’ education program or activity. Title IX applies to all HWS community members, including students, faculty, staff, and third parties (such as alumni, volunteers, independent contractors, and visitors).


Title IX requires schools to prevent and respond to sexual harassment and other forms of sexual misconduct, including sexual assault, dating violence, domestic violence, and stalking, as outlined under Title IX, the Violence Against Women Act (VAWA), and the Clery Act amendments.

Title VI of the Civil Rights Act states that “[n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” (42 U.S.C. § 2000d)


Title VI prohibits discrimination against individuals based on race, color, or national origin, including shared ancestry, ethnic characteristics, or citizenship/residency in a country with a dominant religion or distinct religious identity. Employees, students, applicants or other members of the HWS community may not be subjected to harassment prohibited by law or treated adversely or retaliated against based upon a protected characteristic. It protects individuals in admissions, coursework, housing, financial aid, student activities, and all other aspects HWS’ education, program, or activities and conduct that occurs in the context of employment with HWS. Under Title VI, schools are required to address the following if they are tied to race, color, national origin, shared ancestry, or ethnic identity:

• Harassment and hostile environments;
• Policies that disproportionately or unfairly impact certain groups;
• Unequal access to opportunities;
• Barriers to access.

Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, and national origin. (42 U.S.C. § 2000e)


Title VII prohibits employment discrimination in hiring, pay, promotions, workplace practices, and retaliation.


Title VII protects employees against discrimination based on:

• Race or color
• Religion (belief, practice, or observance)
• Sex (including pregnancy, childbirth, and related medical conditions)
• Sexual orientation
• Gender identity or expression
• National origin
• Age (40 years or older)
• Disability (physical or mental, including a history of disability or being regarded as disabled)
• Genetic information (including predisposing genetic characteristics)
• Military or veteran status

NYSHRL prohibits discrimination in employment, education, housing, and public accommodations across New York State. The full text is available here. It is designed to ensure that “every individual shall have an equal opportunity to participate fully in the economic, cultural and intellectual life of the state…” (.Y. Exec. Law § 296) It protects individuals based on the following characteristics:

• Age
• Creed
• Race, color, or national origin
• Sexual orientation
• Gender identity or expression
• Sex, pregnancy, and pregnancy-related conditions
• Disability (physical, mental, or medical)
• Marital status
• Familial or caregiver status
• Domestic violence victim status
• Military status
• Predisposing genetic characteristics
• Citizenship or immigration status 
• Any other category protected under state or local law

The New York State “Enough is Enough Law” (New York State Education Law § 129-B) requires all colleges and universities in the state to have comprehensive policies on sexual assault, dating violence, domestic violence, and stalking. It sets standards for prevention, reporting, and response that reinforces the federal requirements under Title IX, VAWA, and the Clery Act. It requires ongoing prevention education and training for students, faculty, and staff.


The law guarantees a Student Bill of Rights which provides students the right to:

• A uniform and statewide definition of affirmative consent;
• An amnesty policy for students reporting sexual violence for violations of alcohol or drug use policies;
• Clear rights in cases including sexual violence, including being informed about their right to report to law enforcement and be protected from retaliation;
• Access to resources including counseling, health services, and supportive measures;
• A fair and impartial investigation and adjudication process with trained officials.