Title IX at CIA

A diverse group of twenty-one adults, men and women, pose together for a group photo outdoors. They are smiling and standing in front of a decorative building with arches and a partially visible garden. One person in the middle is dressed in a white chef’s coat.

Harassment, Sexual Misconduct, and Discrimination Response and Prevention

Update

On January 9, 2025, a Federal District Court in Kentucky struck down the 2024 Title IX regulations in their entirety in its decision in Tennessee v. Cardona. Civil Action No. 2:24-072-DCR is available here. On February 4, 2025, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a Dear Colleague letter stating that, in adherence with the court’s decision in Tennessee v. Cardona, OCR will be enforcing the provisions of Title IX under the 2020 Title IX rule.

In light of this decision, CIA will be applying the 2020 Title IX regulations moving forward.

Harassment, Sexual Misconduct, and Discrimination Policy Statement

The Culinary Institute of America (“CIA”) is an Equal Opportunity Employer committed to the principle of equal opportunity in education and employment, in compliance with Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VI and Title VII of the Civil Rights Act of 1964, Age Discrimination Act of 1975, and other federal, state, and local laws. CIA does not discriminate against individuals on the basis of race, color, sex, gender, sexual orientation, gender identity, religion, disability, medical condition, age, genetic information, marital status, military or veteran status, ancestry, national or ethnic origin, or any other protected group or classification under federal, state, or local laws. These principles also apply to admissions, financial aid, academic matters, career services, counseling, housing, employment policies, scholarship programs, medical services, and all other programs and activities available at CIA.

The Culinary Institute of America, pursuant to Title IX, Title VII, and state and local laws also prohibits sex discrimination, which includes sexual harassment and discrimination, as well as, incidents of sexual assault or other sexual violence, domestic violence, dating violence, or stalking in accordance with Title VII, the Violence Against Women Reauthorization Act, and the Campus SaVE Act, as well as Article 129-B of the New York Education Law (New York) and Section 67836 of the California Education Code (California).

What is Title IX?

Although Title IX is commonly associated with sex discrimination in athletics, the law is much broader. Title IX of the Education Amendments of 1972 is a federal law that provides:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving Federal financial assistance.

Title IX prohibits sex discrimination in all college programs and activities, including, but not limited to, admissions, recruiting, financial aid, academic programs, student services, counseling and guidance, discipline, class assignment, grading, recreation, athletics, housing, and employment. Sexual harassment and sexual violence are forms of sex discrimination prohibited by Title IX. Title IX also prohibits retaliation against people for making or participating in complaints of sex discrimination.

Who is the Title IX and HSMD Coordinator?

The Legal Advisor is designated as CIA’s Title IX and HSMD Coordinator, who is responsible for coordinating compliance with the complex legal and regulatory framework governing Harassment, Sexual Misconduct, and Discrimination (except for disability-based issues). The Title IX and HSMD Coordinator’s responsibilities include overseeing all complaints of discrimination or harassment on the basis of a protected characteristic as well as complaints of Sexual Misconduct and identifying and addressing any patterns or systemic problems. In addition, CIA has designated a Deputy Title IX and HSMD Coordinator. Inquiries and Complaints concerning these issues may be referred to either:

Joanna Smith, JD
Legal Advisor
Title IX and HSMD Coordinator
1946 Campus Drive
Hyde Park, NY 12538
Office: Roth Hall, W-401F
Phone: 845-451-1614
Email: [email protected]

Or

Danielle Glendenning
Assistant Director—Faculty Relations
Deputy Title IX and HSMD Coordinator
1946 Campus Drive
Hyde Park, NY 12538
Office: Roth Hall, Room S-324
Phone: 845-905-4369
Email: [email protected]

The Dean of Academic Engagement and Administration is designated as CIA Section 504 Coordinator, who is responsible for coordinating compliance under Section 504 of the Rehabilitation Act of 1973. This law prohibits discrimination based upon disability and requires CIA to ensure that Students are not excluded from participation in or denied the benefits of any program or activity of CIA based on disability. Disability-related complaints and associated requests for accommodation are governed by CIA’s Americans with Disabilities Act/Section 504 Compliance Policy (CMP-023). Any individual who believes they may have been discriminated against in an educational program, activity or employment situation on the basis of a disability may file a Complaint with:

Carolyn Tragni
Dean—Academic Engagement and Administration
Americans with Disabilities/Section 504 Coordinator (504 Coordinator)
Section 504 Coordinator
The Culinary Institute of America
1946 Campus Drive
Hyde Park, NY 12538
Office: Roth Hall, Room S-319
Telephone: 845-451-1615
Email: [email protected]

Any complaints related to protected characteristics as defined in the HSMD policy may also be directed to the Office of Civil Rights (“OCR”).

U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: 1-800-421-3481
Fax: 202-453-6012; TDD: 1-877-521-2172
Email: [email protected]

What does the Title IX and HSMD Coordinator do?

The Title IX and HSMD Coordinator is responsible for coordinating compliance with applicable local, state, and federal laws and regulations and has been charged with managing CIA’s response to reports of discrimination and harassment on the basis of a protected characteristic, as well as reports of sex discrimination, sexual assault, sexual harassment, dating violence, domestic violence, and stalking when those reports involve members or visitors to the CIA community. Informed by current local, state, and federal laws and guidance, the Title IX and HSMD Coordinator aims to ensure that CIA’s responses promptly and effectively stop problem behavior, prevent its recurrence, and remedy its effects.

The Title IX and HSMD Coordinator’s responsibilities include:

Title IX Regulations

On January 9, 2025, a Federal District Court in Kentucky struck down the 2024 Title IX regulations in their entirety in its decision in Tennessee v. Cardona. Civil Action No. 2:24-072-DCR is available here (PDF).

On February 4, 2025, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a Dear Colleague letter stating that, in adherence with the court’s decision in Tennessee v Cardona, OCR will be enforcing the provisions of Title IX under the 2020 Title IX rule.

In light of this decision and the OCR’s guidance, pending further clarification from the Department of Education or other court decisions, for all reports that arise under Title IX, CIA will be applying the 2020 Title IX regulations moving forward.

Summary of Changes:

What conduct is covered by the current Title IX Regulations?

Conduct that:

  • occurred on or after August 14, 2020 AND;
    • occurred in the United States in a CIA “program or activity,” which includes:
      • on campus; or
      • off-campus (1) in the context of CIA operations, at a location, event or circumstance over which CIA exercised substantial control over the respondent and the context in which the conduct occurred, or (2) at the building owned or controlled by a student organization that is officially recognized by CIA; AND
    • was conduct prohibited by Title IX and as defined in the 2020 Title IX regulation, which includes sexual harassment if the conduct is severe, pervasive, and objectively offensive.

If the conduct falls within the above-noted criteria, CIA must address the conduct through the Title IX Grievance Process, which is included in the 2020 HSMD Policy. This process may involve a formal investigation, alternative resolution, or other inquiry. A formal investigation conducted under this process includes, but is not limited to, the following steps: (1) the parties may review and comment on the evidence during and at the end of the investigation; (2) a mandatory “live” recorded hearing following an investigation, and prior to policy determination; and (3) indirect questioning of parties and witnesses, through advisors (who may be attorneys).

If the conduct does not fall within the above-noted criteria but does fall within the HSMD Policy (aka, other forms of Prohibited Conduct), CIA will respond through the processes that are contained in the 2024 HSMD Policy as the processes for Non-Title IX Conduct. Complaints handled under these procedures could result in a formal investigation, alternative resolution, or other inquiry—or the matter could be considered closed.

If a case involves both DOE-Covered Conduct and other Prohibited Conduct, CIA will respond under the Grievance Process for Title IX.

The regulations are complex and, as a result, the HSMD Policy is also complex. The above overview summarizes the major changes within the updated policy. To further clarify these changes, CIA has developed initial FAQs and will be updated as appropriate. See FAQs below.

Federal Title IX Regulations FAQs

These FAQs addresses common questions about the DOE Title IX Regulations and the impact on the CIA community.

What are the Title IX regulations?

Title IX prohibits sex discrimination in federally funded education programs and activities. The Title IX regulations tell institutions how to implement Title IX, including how to respond to certain sexual harassment complaints.

When did the Title IX regulations go into effect?

The current applicable regulations first went into effect on August 14, 2020. On  August 1, 2024, the DOE’s newly issued Title IX regulations (the 2024 regulations) went into effect, however, shortly thereafter, several courts issued preliminary injunctions blocking enforcement of the 2024 Title IX regulations in multiple jurisdictions. On January 9, 2025, a federal court issued a decision, striking down the 2024 Title IX Regulations in their entirety and ordering a return to the 2020 Title IX Regulations. On February 4, 2025 the DOE’s OCR issued a Dear Colleague letter noting their intent to enforce Title IX pursuant to the 2020 Title IX Regulations. CIA must implement the regulations, where legally allowed, to comply with the law.

What will happen to pending HSMD investigations?

Any pending investigations that were initiated under the prior 2024 Title IX regulations have been reevaluated to determine whether the 2020 Title IX Regulations apply.  Notices have been sent to the parties indicating whether the investigation will continue under the 2020 Title IX Regulations or under CIA’s Non-Title IX HSMD processes.

Does this change CIA Responsible Employee duties?

No. All HSMD Policy requirements regarding Responsible Employees remain in effect. All CIA Employees who are not confidential resources and become aware of alleged Prohibited Conduct including sexual violence or sex-based harassment of students must report the information to the Office of Title IX at [email protected], or to the Title IX Coordinator, or use our online reporting system.

Does the HSMD Policy still apply to discrimination?

Yes. The HSMD Policy, in compliance with local, state, and/or federal laws, explicitly prohibits discrimination or harassment on the basis of any protected characteristic, including: race, color, sex, gender, sexual orientation, gender identity and expression, religion, disability, medical condition age, genetic information, familial status, marital status, military or veteran status, ancestry, national or ethnic origin, and any other protected group or classification under the law.

Do the current Title IX regulations limit what is considered sexual violence or sexual harassment?

Conduct that was prohibited by the HSMD Policy prior to January 9 is still prohibited. A subset of Prohibited Conduct is covered by the Department of Education (DOE) Title IX regulations.

A Venn diagram showing two circles. The black inner circle is labeled "New Title IX DOE Covered-Conduct". The blue outer circle, encompassing the inner circle, is labeled "All HSMD Policy Prohibited Conduct".

The HSMD Policy will continue to cover all forms of Prohibited Conduct, including DOE-Covered Conduct.

Do the current Title IX regulations change how CIA responds to reports of Prohibited Conduct?

The scope of the HSMD Policy is unchanged, as is CIA’s commitment to preventing and responding to reports of discrimination and harassment on the basis of a protected characteristic including sexual harassment from our community members. The HSMD Policy includes procedures that detail how we respond to reports of Prohibited Conduct, which may include providing resources and support services, conducting an investigation or other resolution process, and instituting discipline and other corrective action if a violation of the HSMD Policy has occurred.

The current Title IX regulations require institutions to follow particular procedures to respond to reports of Title IX covered conduct. These procedures are outlined in the HSMD Policy.

What is different from prior HSMD procedures?

Some of the steps required in the Grievance Process for Title IX are already a part of our existing HSMD and Title IX procedures, such as providing written notice to the parties, the right to an advisor, and conducting a thorough investigation. Other required steps have been changed or updated. CIA has revised our procedures to be fully compliant with the DOE regulations, reflect our values, and continue to protect our community from all Prohibited Conduct.

Additional Questions? Contact us at [email protected].

Title IX Training

To request a review of CIA’s Title IX Training Materials, please contact the Title IX and HSMD Office at [email protected].

How do I report a complaint?

All Complainants should take the following steps when reporting an incident of Prohibited Conduct:

Reporting a complaint using CIA’s hotline

CIA also provides employees, students, or third parties with the opportunity to report incidents or issues of concern through its CIA hotline reporting service. The hotline may be accessed by telephone, at 845-905-4477 or via the web. Both are available 24 hours a day, seven days a week, 365 days a year. Issues received over this hotline system will be investigated and/or relayed to appropriate individuals within CIA for handling or resolution.

Complaints may be made anonymously (without identifying the Reporter), but CIA’s ability to meaningfully investigate and pursue disciplinary action may be limited as a result.

Please note that an emergency situation where a staff and/or faculty member is a risk of harm to self or others must be reported immediately to 911 or directly to CIA Campus Safety. This reporting service is not a substitute for 911 or Campus Safety reporting options.

What are CIA’s procedures for handling a complaint?

We are working to revise the HSMD Policy to reflect both the current 2020 Title IX Regulations and its related processes as well as non-Title IX HSMD related processes. In the meantime:

For conduct that arises under Title IX, please see:

For conduct that occurred after August 1, 2024, that is covered by the HSMD Policy but not covered by Title IX, please see:

Crime Prevention and Safety Tips

Campus safety tips are provided as reminders of how to be aware of your surroundings. In no way are campus safety tips provided to imply that a person who is assaulted could have avoided such assault.

The most important things you can do to avoid being a victim of a crime are:
  1. Lock your room door when you are asleep or out of the room, even for a few minutes.
  2. Do not leave personal property unattended anywhere.
  3. Always be aware of your surroundings, whether on or off campus.
  4. Report suspicious persons to Campus Safety. Do not assume they are okay; trust your instinct.
  5. Be clearheaded—no drugs, no alcohol.
Campus Safety Escort Service

The Safety offices on the New York and California campuses provide on-campus escort services available 24 hours a day. Don’t be embarrassed to be security conscious; it’s better to be safe than sorry.

To reach the New York Safety office call 845-451-1268, or ext. 1268. For an emergency, dial 1111 from a campus landline.

To reach CIA Greystone Safety office call 707-548-2478, or ext. 2317.

General Safety Tips
Safety in Residences
Your Property
Bystander Intervention Tips

We encourage all members of the CIA community to be Active Bystanders against sexual violence. The following information is based on Bystander Intervention research being done at the University of New Hampshire (UNH) and the guidelines developed by UNH. Learn to recognize the signs of danger and develop plans to keep each other safe. Commit to being an Active Bystander.

Some simple steps to becoming an Active Bystander
How to Intervene Safely
What can my friends and I do to be safe?

Take care of each other. Remember these tips when you are out…

Have a plan.
Talk with your friends about your plans BEFORE you go out. Do you feel like drinking? Are you interested in hooking up? Where do you want to go? Having a clear plan ahead of time helps friends look after one another.

Go out together.
Go out as a group and come home as a group; never separate and never leave your friend(s) behind.

Watch out for others.
If you are walking at night with friends and notice a woman walking by herself in the same direction, ask her to join you so she doesn’t have to walk alone.

Diffuse situations.
If you see a friend coming on too strong to someone who may be too drunk to make a consensual decision, interrupt, distract, or redirect the situation. If you are too embarrassed or shy to speak out, get someone else to step in.

Trust your instincts.
If a situation or person doesn’t seem “right” to you, trust your gut and remove yourself, if possible, from the situation.

Help a Friend

It’s not easy to know what to say when someone tells you they’ve been sexually assaulted, especially if that person is a friend, family member, or loved one. If someone you know within the CIA community has experienced sexual misconduct, we can help you help them.

Sometimes, the most valuable advice comes from someone the individual already trusts. Whether you’re a roommate, parent, or concerned member of our faculty or staff, we can point you to resources you can share, as well as provide support for you.

1. Listen
2. Refer
3. Report, as required

All CIA employees, including student employees, are required to report incidents of Prohibited Conduct, unless they are Confidential Employees.

Dos and Don’ts

While you are not expected to act as a counselor, when you are with someone who has experienced sexual misconduct, you should be aware that the supportiveness of your response can be critical in the healing process. Though there is no one “right” way to respond, the following may serve as a guide identifying more or less helpful responses:

Do
Don’t
Additional Resources
Campus Climate Survey Results

CIA is committed to fostering a welcoming environment on our campuses. An important aspect of that is regularly conducting a Campus Climate Survey to assess the climate and culture of all domestic campus locations (New York, California, and Texas).

Also in this section

Notice of Nondiscrimination

The Culinary Institute of America (CIA), being committed to respect for diversity and equal opportunity in education and employment, does not discriminate against individuals.

Contact Us

Joanna Smith, JD
Legal Advisor
Title IX and HSMD Coordinator

Office: Roth Hall, W-401F

Hyde Park, NY 12538

Danielle Glendenning
Assistant Director—Faculty Relations
Deputy Title IX and HSMD Coordinator

Office: Roth Hall, Room S-324

Hyde Park, NY 12538

[email protected]