Student’s Bill of Rights & Sexual Violence Response Policy

The State University of New York and Columbia-Greene Community College are committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in College-wide and campus programs, activities, and employment.  All victims/survivors of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad:

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 from the institution;
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 the institution courteous, fair, and respectful health care and counseling services, where available;
6. Be free from any suggestion that the reporting individual 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 institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident;
8. Be free from retaliation by the institution, the accused and /or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process;
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.

Sexual Violence Response Policy

In accordance with the Student’s Bill of Rights, reporting individuals shall have the right to pursue more than one of the options below at the same time, or to choose not to participate in any of the options below:

I.  Reporting

• To disclose confidentially the incident to one of the following College officials, who by law may maintain confidentiality, and can assist in obtaining services:
  • Student Health Center – (518) 697-6303
• To disclose confidentially the incident and obtain services from the New York State, New York City or county hotlines: http://www.opdv.ny.gov/help/dvhotlines.html.  Additional disclosure and assistance options are catalogued by the Office for the Prevention of Domestic Violence and presented in several languages: https://opdv.ny.gov/ (or by calling 1-800-942-6906), and assistance can also be obtained through:
  • SurvJustice:https://www.nccpsafety.org/resources/affiliates/survjustice  
  • Legal Momentum: https://www.legalmomentum.org/;
  • NYSCASA: http://nyscasa.org;
  • NYSCADV: http://www.nyscadv.org/;
  • Pandora’s Project: http://www.pandys.org
  • GLBTQ Domestic Violence Project: https://www.bwjp.org/resource-center/resource-results/glbtq-domestic-violence-project.html   
  • RAINN: https://www.rainn.org/get-help.
  • Safe Horizons: http://www.safehorizon.org/
    
    (Note that these hotlines are for crisis intervention, resources, and referrals, and are not reporting mechanisms, meaning that disclosure on a call to a hotline does not provide any information to the campus.  Reporting individuals are encouraged to additionally contact a campus confidential or private resource so that the campus can take appropriate action in these cases).
• To disclose the incident to one of the following College officials who can offer privacy and can provide information about remedies, accommodations, evidence preservation, and how to obtain resources. Those officials will also provide the information contained in the Students’ Bill of Rights, including the right to choose when and where to report, to be protected by the institution from retaliation, and to receive assistance and resources from the institution.    These College officials will disclose that they are private and not confidential resources, and they may still be required by law and College policy to inform one or more College officials about the incident, including but not limited to the Title IX Coordinator. They will notify reporting individuals that the criminal justice process uses different standards of proof and evidence than internal procedures, and questions about the penal law or the criminal process should be directed to law enforcement or district attorney:
  • Title IX Coordinator, Melissia Fandozzi, (518) 697-6337;
  • Campus Security, Mel Bruschetti, (518) 697-6170;
  • Student Health Services, Maria Ostrander, (518) 697-6303;
    To file a criminal complaint with Campus Security and/or local law enforcement and/or state police:
  • Campus Security (518) 697-6170 Main Building, Room 138
  • Columbia County Deputy Sheriff (518) 828-3344
  • Greene County Sheriff (518) 943-3300
  • State Police: Troop K – Livingston, NY - (518) 851-3111
                         Troop F – Catskill, NY – (518) 622-8600
  • State police 24-hour hotline to report sexual assault on a NY college campus:
                          1-844-845-7269. In an emergency call 911.
• To receive assistance by Title IX Coordinator in initiating legal proceedings in family court or civil court:
  • Melissa Fandozzi, (518) 697-6337

• To file a report of sexual assault, domestic violence, dating violence, and/or stalking, and/or talk to the Title IX Coordinator for information and assistance.  Reports will be investigated in accordance with Columbia-Greene Community College policy and the reporting individual’s identity shall always remain private if said reporting individual wishes to maintain privacy.   Reporting individuals who wish to keep their identity anonymous, may call the Title Coordinator anonymously to discuss the situation and available options (See Institutional Crime Reporting on page 138.)

  • Melissa Fandozzi, (518) 697-6337; melissa.fandozzi@sunycgcc.edu
• When the accused is an employee, a reporting individual may also report the incident to the College Human Resources Office or may request that one of the above referenced confidential or private employees assist in reporting to the Human Resources Office. Disciplinary proceedings will be conducted in accordance with applicable collective bargaining agreements.  When the accused is an employee of an affiliated entity or vendor of the college, college officials will, at the request of the reporting individual, assist in reporting to the appropriate office of the vendor or affiliated entity and, if the response of the vendor or affiliated entity is not sufficient, assist in obtaining a persona non grata letter, subject to legal requirements and college policy.
  • Employee Discipline

  • Melissa Fandozzi - Office of Human Resources (518) 697-6337

• An individual may withdraw a complaint or involvement from the College process at any time.
• Every college, shall ensure that, at a minimum, at the first instance of disclosure by a reporting individual to college representative, the following information shall be presented to the reporting individual: “You have the right to make a report to Campus Security, local law enforcement, and/or State Police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution.”
  
  The information below provides contacts for trained on-and off-campus advocates who can provide an immediate confidential response in a crisis situation.  Also provided are emergency numbers for on- and off- campus safety, law enforcement, and other first responders.

​​​​​Confidential Resources:  The College encourages all members of the community to report any incidents of sexual misconduct; however, several confidential resources available to students, faculty, and staff who are not yet ready to report an incident.  These individuals can help a victim/survivor obtain needed resources, explain reporting options, and assist in navigating the reporting process.  These resources are required by law to keep all communications confidential without an individual’s express consent to release information.

On-Campus

Student Health Services – (518) 697-6303

Off-Campus

REACH Center (518) 828-5556 Hudson or (518) 943-4482 Catskill

Campus Resources: Provided by the College community offering intervention services, academic support, and medical services.  These resources are not bound by confidentiality but will work together to maintain individual privacy.

• Title IX Coordinator/Director of Human Resources – Melissa Fandozzi, 518-697-6337

Community Resources:  Located off-campus in the local community offering intervention services and counseling.

Academic Accommodations:  The College is committed to ensuring the safety and well-being of the victim/survivor.  A student who has been a victim/survivor of sexual misconduct may request an academic accommodation or change in residence after a report of sexual misconduct.  Any individual who makes a request will receive appropriate and reasonable accommodation.  Possible requests include the ability to change academic schedules or work schedules, withdraw from or retake a class without penalty, and access academic support such as tutoring services.

Interim Measures:  In situations where it is necessary, the College will take immediate steps to protect victims/survivors pending the final outcome of an investigation.  These steps include the accommodations listed above in addition to issuing no contact orders.  Pending resolution of the complaint, the accused may be prohibited from contacting the victim/survivor and may be placed on suspension or denied access to campus.  Also, the College may change the course schedule of the accused.  Please refer to the Student Code of Conduct for disciplinary procedures related to acts of sexual misconduct.

II. Resources

• To obtain effective intervention services:
  • REACH Center at 518-828-5556 (Hudson) or (518)943-4482 (Catskill)
  • Student Health Services, (518) 697-6303. Sexual contact can transmit Sexually Transmitted Infections (STI) and may result in pregnancy.  Testing for STIs and emergency contraception is available at:
    • Columbia County Health Dept., 325 Columbia St. Suite 100, Hudson, NY  12534, (518) 828-3358, www.columbiacountynyhealth.com (STD clinic: counseling, testing and treatment is confidential and free)
    • Greene County Family Planning, 411 Main St., Catskill, NY  12414, (518) 719-3580,http://greenegovernment.com/departments/family-planning. (The Family Planning Benefit Program can help you get services for free if you qualify. All of your care is confidential)
• Within 96 hours of an assault, a victim can obtain a Sexual Assault Forensic Examination (commonly referred to as a rape kit) at a hospital.  While there should be no charge for a rape kit, there may be a charge for medical or counseling services off campus and, in some cases, insurance may be billed for services.  Let hospital personnel know not to notify the provider if you do not want your insurance policyholder to know about access to these services.  The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency funds. More information may be found here:  http://www.ovs.ny.gov/help-crime-victims or call 1-800-247-8035.
• To best preserve evidence, victims/survivors should avoid showering, washing, changing clothes, combing hair, drinking, eating, or doing anything to alter physical appearance until after a physical exam has been completed.

III. Protection and Accommodations

• When the accused is a student, to have the College issue a “No Contact Order”, consistent with College policy and procedure, meaning that continuing to contact the protected individual is a violation of College policy subject to additional conduct charges; if the accused and a protected person observe each other in a public place, it is the responsibility of the accused to leave the area immediately and without directly contacting the protected person. Both the accused/respondent and reporting individual may request a prompt review of the need for and terms of a No Contact Order, consistent with Columbia-Greene Community College’s policy.  Parties may submit evidence in support of their request.
• To have assistance from Columbia-Greene Community College Campus Security or other College officials in initiating legal proceedings in family court or civil court, including but not limited to obtaining an Order of Protection or, if outside of New York State, an equivalent protective or restraining order.
• To receive a copy of the Order of Protection or equivalent and have an opportunity to meet or speak with a College official who can explain the order and answer questions about it, including information from the Order about the accused’s responsibility to stay away from the protected person(s); that burden does not rest on the protected person(s).
• To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension.
• To have assistance from Columbia-Greene Community College Campus Security or, if outside of the jurisdiction, to call on and assist local law enforcement in effecting an arrest for violating such an order.
• When the accused is a student and presents a continuing threat to the health and safety of the community, to have the accused subject to interim suspension pending the outcome of a conduct process.  Parties may request a prompt review of the need for and terms of an interim suspension.
• When the accused is not a student but is a member of the College community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements, employee handbooks, and Columbia-Greene Community College’s policies and rules.
• When the accused is not a member of the College community, to have assistance from Columbia-Greene Community College Campus Security or other College officials in obtaining a persona non grata letter, subject to legal requirements and college policy.
• To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to ensure safety, prevent retaliation, and avoid an ongoing hostile environment. Parties may request a prompt review of the need for and terms of any interim measures and accommodations that directly affect them. While reporting individuals may request accommodations through any of the offices referenced in this policy, the following office can serve as a point to assist with these measures:
  
  Title IX Coordinator, Room 207A, 518-697-6337, melissa.fandozzi@sunycgcc.edu

IV. Student Conduct Process

• To request that student conduct charges be filed against the accused.  Conduct proceedings are governed by the procedures set forth in the Columbia-Greene Community College Student Handbook (www.sunycgcc.edu) as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions.
• Throughout conduct proceedings, the respondent and the reporting individual will have:
  • The same opportunity to be accompanied by an advisor of their choice who may assist and advise the parties throughout the conduct process and any related hearings or meetings.  Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct;
  • The right to a prompt response to any complaint and to have the complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, the rights of the respondent, including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made, and other issues related to sexual assault, domestic violence, dating violence, and stalking.
  • The right to an investigation and process conducted in a manner that recognized the legal and policy requirements of due process (including fairness, impartiality, and a meaningful opportunity to be heard) and is not conducted by individuals with a conflict of interest. The right to receive advance written or electronic notice of the date, time, and location of any meeting or hearing they are required to or are eligible to attend. Accused individuals will also be told the factual allegations concerning the violation, a reference to the specific code of conduct provisions alleged to have been violated, and possible sanctions.
  • The right to have a conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence.  Temporary delays should not last more than 10 days except when law enforcement specifically requests and justifies a longer delay.
  • The right to offer evidence during an investigation and to review available relevant evidence in the case file (or otherwise held by Columbia-Greene Community College).
  • The right to present evidence and testimony at a hearing, where appropriate.
  • The right to a range of options for providing testimony via alternative arrangements, including telephone/video conferencing or testifying with a room partition.
  • The right to exclude prior sexual history with persons other than the other party in the conduct process or their own mental health diagnosis or treatment from admittance in college disciplinary stage that determines responsibility.  Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary state that determines sanction.
  • The right to ask questions of the decision maker and via the decision maker indirectly request responses from other parties and any other witnesses present.
  • The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.
  • The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the decision, any sanctions and the rationale for the decision and any sanctions.
  • The right to written or electronic notice about the sanction(s) that may be imposed on the accused based upon the outcome of the conduct proceeding. For students found responsible for sexual assault, the available sanctions are suspension with additional requirements and expulsion/dismissal.
  • Access to at least one level of appeal of a determination before a panel, which may include one or more students, that is fair and impartial and does not include individuals with a conflict of interest.
  • The right to have access to a full and fair record of a student conduct hearing, which shall be preserved and maintained for a least five years.
    • Dean of Students, 518-697-6320.
  • The right to choose whether to disclose or discuss the outcome of a conduct hearing.
  • The right to have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel make a final determination unless otherwise required by law.