Title IX of the Education Amendments of 1972 is a comprehensive Federal law that protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. The law prohibits discrimination on the basis of sex in any Federally funded education program or activity. Title IX applies to traditional educational institutions such as colleges, universities, including SUNY campuses. Under Title IX of the Educational Amendments Act of 1972, colleges and universities must develop procedures to respond to claims of sexual harassment.
The Title IX Coordinator is responsible for the College’s compliance with Title IX of the Education Amendments of 1972. In this role, the Title IX Coordinator administers the review, investigation, and resolution procedures for reports of sexual misconduct. Refer to the Reporting Policies and Procedures section for additional information on the role and duties of the Title IX Coordinator.
Violence Against Women Act (VAWA)
Under The Violence Against Women Act (“VAWA”), colleges are universities are required to:
- report dating violence, domestic violence, sexual assault, and stalking, beyond crime categories the Clery Act already mandates;
- adopt certain student discipline procedures, such as for notifying purported victims/survivors of their rights; and
- adopt certain institutional policies to address and prevent campus sexual violence, such as to train pertinent institutional personnel in particular aspects.
Definitions
Dating Violence: Dating violence is any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim/survivor. The existence of such a relationship shall be determined based on the victim’s/survivor’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence.
Domestic Violence: Domestic violence is any violent felony or misdemeanor crime committed by a current or former spouse or intimate partner of the victim/survivor, a person sharing a child with the victim/survivor, or a person cohabitating with the victim/survivor as a spouse or intimate partner.
Sexual Assault: New York State does not specifically define sexual assault. However, according to the Federal Regulations, sexual assault includes offenses that meet the definitions of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting program. Please see Sexual Assault and the Law on page 119 of this Handbook for more information on sexual assault.
Stalking: Stalking means intentionally engaging in a course of conduct, directed at a specific person, which is likely to cause individuals to fear for their safety or the safety of others or causes substantial emotional damage. Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, with such person(s) in a manner likely to, intimidate, annoy, or cause alarm.
Statement of Victim’s Rights
The College firmly commits to providing a safe and secure environment where all members are treated with dignity and respect, and a campus free from all discrimination on the basis of sex. To that end, the College takes the strongest possible stance against sexual misconduct in all its forms, including sexual harassment, sexual assault, sexual violence, or the use of coercion, intimidation, or exploitation of others for sexual purposes. The College is actively engaged in educating its members about these vital issues and in providing timely support and assistance to victims of sexual assault.
Should a sexual assault be reported, the College will investigate allegations and take appropriate actions, to the fullest possible extent. The College supports the victim’s right to privacy. In the event that a victim wishes to remain anonymous, the College will respect that request while evaluating the obligation to protect the safety and well-being of the broader community. For example, in the event that the assault/crime must be reported, the request for anonymity would be weighed against other factors, such as whether the accused individual is the subject of other complaints. In such instances, every safeguard will be taken in order to ensure the victims’ anonymity. It is imperative that victims be fully supported in their efforts to heal and respond as they determine what is in their own best interests. To this end the College will provide information about campus and community medical and counseling resources and support the victim’s right to make choices about these resources and options.
All members and representatives of the College community, including campus officers, administrators, faculty, professional staff, employees, and students must recognize and abide by the following principles regarding victims of campus-related sexual assaults:
The Right to Human Dignity
Victims shall:
- Be treated with fairness and respect;
- Have their privacy honored;
- Be free from any suggestions that they must report sexual assaults to be assured; recognition of any other identified principles or rights;
- Have their allegations of sexual assault treated seriously;
- Be free from any suggestion that they are responsible for the sexual assaults committed against them;
- Be free from any threat of retaliation or other attempt to prevent the reporting of sexual misconduct;
- Be free from unwanted pressure from campus personnel to:
- Report sexual assaults if they do not wish to do so;
- Report sexual assaults as less serious offenses;
- Refrain from reporting sexual assaults for any reason, including the fear of unwanted personal publicity.
- The Right to Resources on and off Campus
Victims shall:- Receive notice describing options to pursue a criminal complaint with the appropriate law enforcement agency, to pursue the College’s disciplinary process, or to pursue both processes simultaneously.
- Be notified of existing campus and community-based medical, counseling, mental health, and student services for victims of sexual assault whether or not the assault is formally reported to campus or civil authorities.
- Have access to campus counseling.
- Be informed of and assisted in exerITing the following:
- Any rights to confidential or anonymous testing for sexually transmitted infections, HIV, and pregnancy;
- Any rights to preventive measures such as emergency contraception or HIV prophylaxis;
- Any rights that may be provided by law to obtain the communicable diseases test results of sexual assault suspects.
- Be informed of the possible availability of crime victim assistance compensation through the New York State Crime Victims Board.
- The Right to Campus Judicial Proceedings
Victims have the right to:- Written and advance notice about a disciplinary hearing involving the person or persons accused of sexually assaulting them.
- Have the opportunity to present witnesses and other evidence, and to receive notice of the process, information about procedures, and written notice of the outcome in a manner equivalent to the process of the accused.
- Have an advocate/advisor of their choice accompany them throughout the disciplinary hearing but not actively engage in the process.
- Remain present during the entire proceeding, whenever possible. Alternative arrangements may be made for those who do not want to be present in the same room as the accused during the disciplinary hearing.
- Be heard at the proceeding.
- Be assured that their irrelevant past sexual history will not be discussed during the hearing.
- Make a “victim impact statement” if the accused is found in violation of the code.
- Be informed in a timely fashion (60 calendar days) of the outcome of the hearing.
- Have the right to appeal the outcome of the hearing.
- The Right to Law Enforcement and Campus Intervention
- Reports of sexual assault will be investigated and evaluated by the appropriate criminal and civil authorities of the jurisdiction in which the sexual assault is reported.
- Victims shall receive full and prompt cooperation and assistance of campus personnel in notifying the proper authorities.
- Victims shall receive full, prompt, and victim-sensitive cooperation of campus personnel with regard to obtaining, securing, and maintaining evidence, including a medical examination when necessary to preserve evidence of the assault. “No contact” orders (e.g., Cease and Desist orders) shall be issued promptly and in writing to all parties in a reported sexual assault after the College receives notice of a complaint.
- Campus personnel shall take reasonable and necessary actions to prevent further unwanted contact by victims’ alleged assailants.
- Victims shall be notified of the options for and provided assistance in changing academic and living situations if such changes are reasonably available.
- Note: Statutory Mandates
- Nothing in this Statement of Principles and Rights shall be construed to preclude or in any way restrict the College from carrying out its duties under law to report suspected offenses to the appropriate law enforcement authorities. Except as required by law, the College will take care not to identify the victim.
- Nothing in this Statement of Principles and Rights shall be construed to preclude or in any way restrict the College from issuing a Community Notice when the College is aware of a reported sexual assault incident that potentially puts the campus community at risk. The College will take care not to identify the victim in such notices.
Resources Available for Support
After an allegation that an act of sexual violence has occurred, including any act of dating violence, domestic violence, sexual assault, or stalking, the College offers students a range of protective measures.
Resources for Immediate Assistance
The following information 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 school community to report any incidents of sexual misconduct; however, several confidential resources are 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 | Off-Campus |
|---|---|
| Student Health Services (518) 697-6303 | REACH Center (518) 828-5556 |
Campus Resources: These resources provided by the College community offer intervention services, academic support, and medical services. These resources are not bound by confidentiality but will work together to maintain individual privacy.
| On-Campus | |
|---|---|
| Title IX Coordinator – Melissa Fandozzi, 518-697-6337 |
Community Resources: These resources located off-campus offer intervention services and counseling.
| Off-Campus |
|---|
| REACH Center: Hudson (518-828-5556) or Catskill (518-943-4482) |
| Albany County Mental Health Center (518-447-4555) |
| Columbia County Mental Health Center (518-828-9446) |
| Greene County Mental Health Services (518-622-9163) |
| Mental Health Association of Ulster County: Lake Katrine (845-339-4747) Kingston (845-339-9090) |
| Mental Health America of Dutchess County (845-473-2500) |
| Mental Health Association: Catskill Office (518-943-0349) and Hudson Office (518-828-4619) |
| Columbia Memorial Hospital (518-828-7601) |
| Kingston Hospital (845-338-2500) |
| Northern Dutchess Hospital (845-876-3001) |
| Vassar Brothers Medical Center (845-454-8500) |
| MidHudson Regional Hospital (845-483-5000) |
| Albany Medical Center (518-262-3125) |
| St. Peter’s Hospital (518-525-1550) |
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 certain situations, 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. (Refer to the Student Code of Conduct for disciplinary procedures related to acts of sexual misconduct.)
Reporting Policies & Procedures
- Where to Report All Acts of Sexual Misconduct/Violence
A student may report sexual misconduct, including sexual harassment, sexual assault, domestic violence, dating violence, stalking, and cyber-stalking to the following offices:- Institutional complaint
- Melissa Fandozzi – Director of Human Resources /Title IX Coordinator (518-697-6337)
- Campus Security (518-697-6170)
- Maria Ostrander - Student Health Center (518-697-6303)
- State Police 24-hour hotline to report sexual assault on a NY college campus: 1-844-845-7269
- Institutional complaint
- Student Discipline
- Andrew Ledoux, Dean of Students
518-697-6320
- Andrew Ledoux, Dean of Students
- Employee Discipline
- Melissa Fandozzi - Office of Human Resources (518-697-6337) accommodations, and health care services.
A student who is not satisfied with the College’s handling of a complaint, may also file a complaint with federal and state agencies
New York State Division of Criminal Justice Services
Alfred E. Smith State Office Building
80 South Swan St.
Albany, New York 12210
E-Mail Address: InfoDCJS@dcjs.ny.gov
Phone: 518-457-5837 or 1-800-262-3257
U.S. Department of Justice Office on Violence against Women (OVW)
145 N Street, NE, Suite 10W.121
Washington, D.C. 20530
Phone: (202)307-6026
Correspondence by e-mail may be sent to ovw.info@usdoj.gov
Office for Civil Rights
OCR National Headquarters/U. S. Department of Education/ Office of Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, S.W.
Washington, D. C. 20202-1100
Telephone: (800) 421-3481
Email: OCR@ed.gov
Office for Civil Rights
New York Office – US Department of Education
32 Old Slip, 26th Floor
New York, New York 10005-2500
Telephone: (646)428-3900
New York State Domestic and Sexual Violence Hotline at 1-800-942-6906
In addition, the complainant may file a complaint with the appropriate State or Federal agency at any point during the process. See Appendix A for a list of External Enforcement Agencies.
Role of the Title IX Coordinator in the Complaint Process:
The Title IX Coordinator shall be notified of all sexual misconduct complaints by the College employee who took the complaint in order for the Title IX Coordinator to oversee the complaint processes and accommodations for the student.
- Investigatory Procedures:
- Criminal complaints: the NYS and/or federal penal codes will apply, and the matter will follow the criminal processes through a police investigation, a referral to the District Attorney’s Office for prosecution and the criminal court system for resolution.
- Institutional complaints: the complaint will be handled through the College’s Policy and Procedures against Sexual Harassment. Please see the Student Handbook.
- Student Disciplinary complaints: the complaint will be handled through the College’s Student Disciplinary Code. Please see the Student Handbook.
- Employee Disciplinary complaints: the complaint will be handled through the Office of Human Resources, in accordance with its procedures for complaints against management confidential employees, or for complaints against an employee who is a member of a union, in accordance with the disciplinary procedures set forth in the applicable NYS Collective Bargaining Agreements negotiated statewide through the NYS Governor’s Office of Employee Relations.
- Evidentiary Standard in Institutional, Student Disciplinary and Employee Disciplinary Complaints:
The burden of proof in all cases is “the preponderance of the evidence” – whether it is “more likely than not” that the sex discrimination, dating violence, domestic violence, sexual assault, or stalking occurred. - Potential Outcomes under the Procedures:
- Criminal Complaints: The complaint may result in criminal penalties, such as fine, community service, probation, jail sentence, registration as a sex offender with the NYS or federal data bases.
- Institutional Complaints:
- Under the sexual harassment policy, if there is a finding that a sexual assault may have occurred and the alleged perpetrator is
- A student, then the matter is referred to the Student Discipline process for student discipline, and the penalties may be disciplinary probation, suspension or expulsion from the College.
- An employee, then the matter is referred to the Office of Human Resources for employee discipline and the penalties may include fines, formal counseling, probation, suspension with or without pay, or termination from employment.
- Under the Student Discipline process, the penalties may be disciplinary probation, suspension, expulsion or banned from the College campus.
- Under the Employee Disciplinary process, the penalties may be fines, formal counseling, probation, suspension with or without pay, termination from employment, or banned from the College campus.
- Under the sexual harassment policy, if there is a finding that a sexual assault may have occurred and the alleged perpetrator is
- Retaliation
The College is firmly committed to a policy that encourages timely disclosure of sexual misconduct. No member of the College community shall retaliate, intimidate, threaten, coerce or otherwise discriminate against a person who files a Title IX complaint, serves as a witness, or assists or participates in a Title IX proceeding in any manner. Participants who experience retaliation should report the incident to the Dean of Students’s office, Room 205 (518-697-6337). - Confidentiality and Reporting Protocol
If a crime of sexual misconduct has occurred, including dating violence, domestic violence, sexual assault, or stalking, the college encourages accurate and prompt reporting of these crimes to the campus police or State and local police agencies. However, it can be difficult for a victim to come forward after such an event, and there are several options available for students who wish to maintain confidentiality while getting the support they need. Different employees on campus have different abilities to maintain a victim’s confidentiality:- No Personally Identifying Information: Other employees may talk to a victim in confidence, and generally only report to the College that an incident occurred without revealing any personally identifying information. Disclosures to these employees will not trigger a College investigation into an incident against the victim’s wishes.
- Responsible Employees: These employees are required to report all the details of an incident (including the identities of both the victim and accused) to the Title IX coordinator. A report to these employees (called “responsible employees”) constitutes a report to the College—and generally obligates the College to investigate the incident and take appropriate steps to address the situation.
No Personally Identifying Information:
Individuals who work or volunteer in the on-campus Health Services Center and REACH Center can generally talk to a victim without revealing any personally identifying information about an incident to the College. A victim can seek assistance and support from these individuals without triggering a College investigation that could reveal the victim’s identity or that the victim has disclosed the incident. While maintaining a victim’s confidentiality, these individuals or their office should report the nature, date, time, and general location of an incident to the Title IX Coordinator. This limited report – which includes no information that would directly or indirectly identify the victim – helps keep the Title IX Coordinator informed of the general extent and nature of sexual violence on and off campus so the coordinator can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses. Before reporting any information to the Title IX Coordinator, these individuals will consult with the victim to ensure that no personally identifying details are shared with the Title IX Coordinator. A victim who speaks to a professional or non-professional counselor or advocate must understand that, if the victim wants to maintain confidentiality, the College will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the accused. Even so, these counselors and advocates will still assist the victim in receiving other necessary protection and support, such as victim advocacy, academic support or accommodations, disability, health or mental health services, and changes to living, working or course schedules. A victim who at first requests confidentiality may later decide to file a complaint with the school or report the incident to local law enforcement, and thus have the incident fully investigated. These counselors and advocates will provide the victim with assistance if the victim wishes to do so. Following is contact information for these non-professional counselors and advocates:
| Non-Professional Counselors and Advocates | |
|---|---|
| REACH Center – Off-campus 518-828-5556 (Hudson) or 518-943-4482 (Catskill) | |
| Campus Health Services – 518-697-6303 |
Reporting to Responsible Employees:
A “responsible employee” is a College employee who has the authority to redress sexual violence, who has the duty to report incidents of sexual violence or other student misconduct, or who a student could reasonably believe has this authority or duty. When a victim tells a responsible employee about an incident of sexual violence, the victim has the right to expect the College to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. A responsible employee must report to the Title IX coordinator all relevant details about the alleged sexual violence shared by the victim and that the College will need to determine what happened – including the names of the victim and accused, any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident. To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the College’s response to the report. A responsible employee should not share information with law enforcement without the victim’s consent or unless the victim has also reported the incident to law enforcement. Before a victim reveals any information to a responsible employee, the employee should ensure that the victim understands the employee’s reporting obligations – and, if the victim wants to maintain confidentiality, direct the victim to confidential resources. If the victim wants to tell the responsible employee what happened but also maintain confidentiality, the employee should tell the victim that the College will consider the request but cannot guarantee that the College will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the responsible employee will also inform the Coordinator of the victim’s request for confidentiality. Responsible employees will not pressure a victim to request confidentiality, but will honor and support the victim’s wishes, including for the College to fully investigate an incident. By the same token, responsible employees will not pressure a victim to make a full report if the victim is not ready to.
Requesting Confidentiality:
If a victim discloses an incident to a responsible employee but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the College must weigh that request against the College’s obligation to provide a safe, non-discriminatory environment for all students, including the victim. If the College honors the request for confidentiality, a victim must understand that the College’s ability to meaningfully investigate the incident and pursue disciplinary action against the accused may be limited. Although rare, there are times when the College may not be able to honor a victim’s request in order to provide a safe, non-discriminatory environment for all students. The College has designated the following individual(s) to evaluate requests for confidentiality once a responsible employee is on notice of alleged sexual violence:
| Requests for Confidentiality | |
|---|---|
| Melissa Fandozzi, Director of Human Resources, Title IX Coordinator | 518-697-6337 |
When weighing a victim’s request for confidentiality or that no investigation or discipline be pursued, Melissa Fandozzi, Director of Human Resources, Title IX Coordinator will consider a range of factors, including the following:
- The increased risk that the accused will commit additional acts of sexual or other violence, such as:
- whether there have been other sexual violence complaints about the same accused individual;
- whether the accused has a history of arrests or records from a prior school indicating a history of violence;
- whether the accused threatened further sexual violence or other violence against the victim or others;
- whether the sexual violence was committed by multiple perpetrators;
- whether the sexual violence was perpetrated with a weapon;
- whether the victim is a minor;
- whether the College possesses other means to obtain relevant evidence of the sexual violence (e.g., security cameras or personnel, physical evidence);
- whether the victim’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group
The presence of one or more of these factors could lead the College to investigate and, if appropriate, pursue disciplinary action. If none of these factors is present, the College will likely respect the victim’s request for confidentiality. If the College determines that it cannot maintain a victim’s confidentiality, the College will inform the victim prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the College’s response. The College will remain ever mindful of the victim’s well-being and will take ongoing steps to protect the victim from retaliation or harm and work with the victim to create a safety plan. Retaliation against the victim, whether by students or College employees, will not be tolerated.
The College will also:
- Assist the victim in accessing available victim advocacy, academic support, counseling, disability, health or mental health services, and legal assistance both on and off campus;
- Provide other security and support, which could include issuing a no-contact order, helping arrange a change of living or working arrangements or course schedules (including for the accused pending the outcome of an investigation) or adjustments for assignments or tests; and inform the victim of the right to report a crime to campus or local law enforcement – and provide the victim with assistance if the victim wishes to do so.
The College may not require a victim to participate in any investigation or disciplinary proceeding. Because the College is under a continuing obligation to address the issue of sexual violence campus-wide, reports of sexual violence (including non-identifying reports) will also prompt the College to consider broader remedial action – such as increased monitoring, supervision or security at locations where the reported sexual violence occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/victimization surveys; and/or revisiting its policies and practices. If the College determines that it can respect a victim’s request for confidentiality, the College will also take immediate action as necessary to protect and assist the victim.
Other Confidential Avenues:
There are other ways to disclose a sexual assault that will be handled confidentially:
- Take Back the Night and other Public Awareness Events
If a student discloses a situation through a public awareness event such as "Take Back the Night”, candlelight vigils, protests, a Student Survivor Advocacy Alliance forum, or other public event, the information the student provides will not result in an investigation. The College may use the information the student provides to inform the need for additional education and prevention efforts. - Anonymous Reporting
A student may call the Office of the Dean of Students anonymously at 518-697-6320, to talk about the situation and find out information about the student’s options. The student should simply tell the staff member that he or she would prefer not to give his or her name. The student can talk confidentially and disclose as much or as little information as the student would like to. The student may also complete a Sexual Assault Anonymous Report.
Off-Campus Counselors and Advocates
Crisis Services and off-campus healthcare providers will generally maintain confidentiality unless a student signs a consent or waiver form.
Timely Warnings and Emergency Notifications – see page 68 of the Student Handbook.
The institution has programs to prevent domestic violence, dating violence, sexual assault, and stalking. When an incident of domestic violence, dating violence, sexual assault, or stalking is reported, the
College will provide victims of a written notice of available options, remedies, and services. If the accused individual is a student, the standard of evidence used in an institutional disciplinary hearing will be preponderance of the evidence.
Procedures for Victims of Domestic Violence, Dating Violence, Sexual Violence, Sexual Assault or Stalking
Victims of these crimes will be provided written information about evidence preservation, how and to whom to report these crimes, options about involvement of law enforcement and campus authorities, and assistance in notifying law enforcement if the victim chooses, as well as the option to decline to notify authorities. Victims will also be provided information in writing about rights and institutional responsibilities regarding no contact orders, orders of protection, or other available applicable options.
- Evidence preservation: In order to best preserve evidence, victims 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.
- Reporting: Victims should report to Title IX Coordinator, melissa.fandozzi@sunycgcc.edu, Room 207A, (518) 697-6337.
- Notifying Law Enforcement: Victims have the right to notify law enforcement, and the campus can assist in notifying law enforcement if victims choose. Victims may also choose to decline to notify authorities.
Procedures for Institutional Disciplinary Procedures in Cases of Domestic Violence, Dating Violence, Sexual Assault, and Stalking
The institutional disciplinary procedures will provide a fair, prompt, and impartial process from investigation to final result. The investigation and any hearing will be conducted by those who receive annual training on issues related to VAWA crimes, how to conduct an investigation, and a hearing process that protects victim safety and promotes accountability.
Parties are entitled to the same opportunities to have an advisor/advocate of their choice present at any hearing and related meetings. Parties will be informed simultaneously in writing of the outcome of the process, the availability of any appeal procedures, and when the results become final after any appeals.
The disciplinary processes available for victims of domestic violence, dating violence, sexual assault, and stalking are listed in the following sequence of events for violations of College policy, or regulations and codes.
- Referral of the case to the Dean of Students or designated judicial officer for Administrative review.
- Administrative resolution of the case at an informal disciplinary conference or through an administrative review process or formal hearing.
- and/or - - Referral to off-campus services.
- Appeal to the President or formal hearing before an “ad hoc” judicial board appointed by the President.
Generally, the judicial process is satisfactorily completed at an informal disciplinary conference.
The sanctions for domestic violence, dating violence, sexual assault and stalking are listed in the Sanctions for VAWA Crimes section.
Timeline for Disciplinary Procedure and Appeals
The standard of evidence in these cases is preponderance of the evidence. Following an allegation or report of one of these crimes, the institution may offer available protective measures such as a no-contact order; alteration of living, academic, and work situations.
Written Notifications to Students, Employees, and Victims of VAWA Crimes
For Students and Employees: The College will provide written notification to students and employees about existing and available counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, and other services available in community and on campus to victims of dating violence, domestic violence, sexual assault, and stalking. The College will also provide information about these services in writing to victims of domestic violence, dating violence, domestic violence.
For Victims: The College will provide written notification to victims regarding rights and options, including: available and existing on- and off-campus services such as victim advocacy, counseling, health, mental health legal assistance, visa and immigration assistance; available and applicable institutional disciplinary procedures, and an explanation of those procedures; confidentiality in protective measures and Clery reporting and disclosure; and reasonable and available options and assistance with changing academic, living, transportation, and working situations, regardless of whether the victim chooses to report the crime to law enforcement.
Sanctions for VAWA Crimes
The College considers dating violence, domestic violence, sexual assault, and stalking as extremely serious violations. Following a final determination of an institutional disciplinary procedure for cases of rape, acquaintance rape, dating violence, domestic violence, sexual assault, or stalking, the following sanctions or protective measures may be imposed:
- Suspension
- Expulsion
- Education programs
- Banned from college campus
- Disciplinary probation
- No-contact order
Please refer to the Judicial Code of Conduct and the Student Code of Conduct for a complete description of procedures.