Options for Confidentially Disclosing Sexual Violence

Columbia-Greene Community College is committed to supporting students who have experienced sexual violence by providing confidential resources and options for disclosure. Engaging with these resources allows individuals to receive support and information without initiating a formal report to campus officials or law enforcement.

Confidential Resources at Columbia-Greene Community College:

• REACH Center: Provides confidential support and advocacy services. Off-campus contact numbers are 518-828-5556 (Hudson) and 518-943-4482 (Catskill).
• Student Health Services: Offers confidential medical care and counseling. Contact them at 518-697-6303.

Off-Campus Confidential Resources:

• Columbia County Crisis Center: Located at 325 Columbia St., Hudson, NY 12534, this center offers walk-in crisis services Monday through Friday, 9 a.m. – 4:30 p.m. You can reach them at 518-828-9446.
• New York State Hotline for Sexual Assault and Domestic Violence: Available 24/7 at 1-800-942-6906.
• Albany County Crime Victim and Sexual Violence Center: Provides free and confidential services for Albany County residents. Contact them at 518-447-7100 or their 24-hour sexual assault hotline at 518-447-7716. 

Understanding Confidentiality:

Confidential resources are individuals or organizations that will not disclose information about an incident without your consent, except in extreme circumstances such as a health and/or safety emergency. Engaging with these resources allows you to receive support and information without initiating a formal report to campus officials or law enforcement.

Requesting Confidentiality:

If you choose to disclose an incident to a confidential resource, you can request that your identity and the details of the incident remain confidential. The college will consider your request and respond accordingly, balancing your privacy with the need to ensure campus safety.

Public Awareness and Advocacy Events:

Participating in public awareness or advocacy events, such as "Take Back the Night" or other campaigns, allows individuals to share their experiences without triggering a formal report. While these events raise awareness, they do not constitute a report to the college or law enforcement.

Institutional Crime Reporting:

Colleges are required to collect and disclose certain crime statistics annually. While confidential resources do not disclose personally identifiable information, they may report aggregate data to comply with these requirements.

For more detailed information on confidential disclosure options and resources, please refer to the college's policies and the SUNY Sexual Violence Response resources. 

Remember, seeking support is a personal decision, and the college is here to assist you in any way possible.

Important Notes:

These notes clarify important aspects regarding confidentiality, privacy, and disclosure processes for individuals affected by sexual violence at Columbia-Greene Community College. Here's a summary of the key points:

1. Medical Office and Insurance Billing Practices:

• Medical providers and insurance companies may disclose information, including medications or exams, to the insurance policyholder.
• Victims/survivors of sexual violence may seek assistance through the New York State Office of Victim Services for health care and counseling compensation, including emergency compensation.

2. Exceptions to Confidentiality:

• Even individuals typically bound by confidentiality (e.g., counselors) may be required to report if there is a threat to the individual or others, or if mandatory reporting laws (e.g., child abuse) apply.

3. Non-Professional Counselors and Advocates:

• At Columbia-Greene, non-professional counselors (e.g., campus health services staff) can assist without sharing identifying information.
• These individuals are not classified as "confidential resources" as they are required to report general incident details (e.g., date, time, location) to the Title IX Coordinator.

4. Confidentiality vs. Privacy:

• Columbia-Greene's offices and employees who cannot guarantee confidentiality will still protect privacy. Information shared with non-confidential resources will only be disclosed as necessary for investigation or resolution.
• If confidentiality requests cannot be honored, the Title IX Coordinator will limit disclosure to the greatest extent possible to protect privacy.

This ensures that individuals have clear information about their options for disclosing incidents while maintaining as much privacy as possible in the process.

Requesting Confidentiality: How Columbia-Greene Community College Will Weigh the Request and Respond:

When a student requests confidentiality after disclosing an incident of sexual violence or harassment, the Title IX Coordinator at Columbia-Greene Community College will carefully consider several factors to determine the appropriate response. These factors include:

1. The Potential for Further Violence: The College will assess whether the situation poses a risk of further harm to the student or others in the community.
2. The Accused's History: If there are prior reports or patterns of behavior from the accused that suggest a potential ongoing threat to safety, this will be considered in the decision-making process.
3. Use of Force or Weapons: If the incident involved significant violence or the use of weapons, this may prompt further action to ensure the safety of the campus community.
4. Availability of Evidence: The College will also consider whether there is enough evidence to proceed with an investigation, even if the student requests confidentiality.

While the College strives to respect confidentiality requests, it may proceed with an investigation in cases where the need to ensure a safe and non-discriminatory environment outweighs the desire for confidentiality.

Additionally, students can request accommodations, such as adjustments to academic schedules, housing, or employment, regardless of their decision to report the incident. The Title IX Coordinator, Andrew Ledoux, is the primary contact for students seeking accommodations or wishing to discuss confidentiality concerns.

For more information or to make a request, please contact Andrew Ledoux at 518-697-6320 or andrew.ledoux@sunycgcc.edu.

Filing a Complaint with a State and/or Federal Agency:

If a student is unsatisfied with the College's handling of a sexual misconduct complaint, they can file a complaint with relevant state or federal agencies. Some of the key agencies to contact include:

1. New York State Division of Criminal Justice Services

• 80 South Swan St., Albany, NY 12210
• Email: InfoDCJS@dcjs.ny.gov
• Phone: 518-457-5837 or 1-800-262-3257

2. U.S. Department of Justice, Office on Violence Against Women

• 145 N Street, NE, Suite 10W.121, Washington, D.C. 20530
• Phone: 202-307-6026
• Email: ovw.info@usdoj.gov

3. U.S. Department of Education, Office for Civil Rights (OCR)

• 400 Maryland Avenue, SW, Washington, D.C. 20202-1100
• Phone: 1-800-421-3481
• Email: OCR@ed.gov

4. U.S. Department of Health and Human Services, OCR New York Office

• 26 Federal Plaza, Suite 3312, New York, NY 10278
• Phone: 1-800-368-1019
• Email: ocrmail@hhs.gov

5. New York State Domestic and Sexual Violence Hotline
   Phone: 1-800-942-6906

A complainant can also file a complaint with both the College and an external agency during the process.

Role of the Title IX Coordinator in the Complaint Process:

The Title IX Coordinator plays a vital role in overseeing all sexual misconduct complaints and ensuring that accommodations are in place for students. The investigatory procedures vary based on the type of complaint:

1. Criminal Complaints: Follow criminal processes involving law enforcement and the District Attorney's Office for prosecution.
2. Institutional Complaints: Handled according to the College’s sexual harassment policies outlined in the Student Handbook.
3. Student Disciplinary Complaints: Processed through the College's Student Disciplinary Code as outlined in the Student Handbook.
4. Employee Disciplinary Complaints: Managed by the Office of Human Resources in accordance with applicable procedures and collective bargaining agreements for union employees.

The standard for determining whether sexual misconduct occurred is "preponderance of the evidence," meaning it is "more likely than not" that the incident occurred.

Possible Outcomes:

• Criminal Complaints: Criminal penalties such as fines, probation, jail, or being placed on sex offender registries.
• Institutional Complaints: Depending on the alleged perpetrator's status:
  • Students: Disciplinary probation, suspension, expulsion, or a ban from campus.
  • Employees: Penalties such as fines, counseling, suspension, or termination.

Retaliation Policy:

The College strictly prohibits retaliation, intimidation, or discrimination against individuals involved in Title IX proceedings. Retaliation must be reported to the Dean of Students' Office.

Confidentiality and Reporting:

While the College encourages prompt reporting of crimes, it recognizes the challenges victims may face in coming forward. There are various campus employees who can maintain different levels of confidentiality depending on the situation.

Public Awareness/Advocacy Events:

Columbia-Greene Community College’s public awareness and advocacy events, such as "Take Back the Night" or candlelight vigils, are not considered disclosures that automatically trigger investigations. Instead, these events help inform educational and prevention efforts on campus.

The College provides an option for anonymous disclosure, where a student can call the Dean of Students Office to discuss a situation confidentially. They can disclose as much or as little information as they prefer. Additionally, students can complete a Sexual Assault Anonymous Report.

For institutional crime reporting, crimes occurring in certain areas are included in the Clery Act Annual Security Report in an anonymous way to protect the identity of the reporter. Timely warnings are issued for Clery Act crimes that pose serious or continuing threats but will not reveal the identity of the individual reporting the crime.

Under the Family Educational Rights and Privacy Act (FERPA), the College generally will not share information about sexual violence reports with parents without the reporting individual's consent. However, exceptions exist in cases of health or safety emergencies or if the student is a dependent on the parents' tax return.

Contact Information:

• Title IX Coordinator, Andrew Ledoux: 518-697-6320
• Campus Security, Mel Bruschetti: 518-697-6170
• NY State Police 24-hour hotline: 1-844-845-7269
• FERPA Officer, Jon Coller-Takahashi: 518-697-6420

What is Clery?

The Clery Act requires colleges and universities that participate in federal financial aid programs to report annual statistics on crimes, including sexual assault and rape, occurring on or near their campuses. Additionally, it mandates the development and dissemination of prevention policies and procedures.