The State University of New York and Columbia-Greene Community College provides information and support students need regardless of whether they would like to move forward with a report of sexual violence to campus officials or to police. Students may want to talk with someone about something observed or experienced, even if they are unsure that the behavior constitutes sexual violence. A conversation where questions can be answered is far superior to keeping quiet. Confidentiality varies, and this document provides guidance for understanding how confidentiality applies to different resources that may be available.
In this Policy:
- Privileged and Confidential Resources
- Non-Professional Counselors and Advocates
- Confidentiality versus privacy
- Requesting Confidentiality: How the College Will Weigh the Request and Respond
- Public Awareness/Advocacy Events
- Institutional Crime Reporting
Privileged and Confidential Resources
Individuals who are confidential resources will not report crimes to law enforcement or College officials without permission, except for extreme circumstances, such as a health and/or safety emergency. At Columbia-Greene Community College, this includes:
- REACH Center; Off-campus: 518-828-5556 (Hudson) or 518-943-4482 (Catskill)
- Student Health Services; 518-697-6303
Off-campus options to disclose sexual violence confidentially include:
- Off-campus counselors and advocates. Crisis services offices will generally maintain confidentially unless an individual requests disclosure and signs a consent or waiver form. More information on an agency’s policies on confidentiality may be obtained directly from the agency.
- Columbia County Crisis Center – 325 Columbia St. Hudson, NY 12534 – Walk-in crisis services, Mon – Fri, 9 a.m. – 4:30 p.m. (518) 828-9446
- New York State Hotline for Sexual Assault and Domestic Violence
1-800-942-6906
- Off-campus healthcare providers
Note: These outside options do not provide any information to the campus.
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 Ulster County: Lake Katrine (845-336-4747) 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) |
Important notes:
- Medical office and insurance billing practices may reveal information to the insurance policy holder, including medication and/or examinations paid for or administered. 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 compensation. More information may be found here: http://www.ovs.ny.gov/help-crime-victims or call 1-800-247-8035.
- Even individuals who can typically maintain confidentiality are subject to exceptions under the law, including when an individual is a threat to him or herself or others and the mandatory reporting of child abuse.
Non-Professional Counselors and Advocates
Non-professional counselors and advocates can also assist individuals without sharing identifying information. At Columbia-Greene Community College, this includes members of on-campus Health Services. These individuals will report the nature, date, time, and general location of an incident to the College’s Title IX Coordinator but will not share personally identifying details without consent. These individuals are not considered confidential resources as discussed above.
Confidentiality Versus Privacy:
Even Columbia-Greene Community College offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information provided to a non-confidential resource will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible under the law for tracking patterns and spotting systemic issues. Columbia-Greene Community College will limit the disclosure as much as possible, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.
Requesting Confidentiality: How Columbia-Greene Community College Will Weigh the Request and Respond
Should a student disclose an incident to a Columbia-Greene Community College employee who is responsible for responding to or reporting sexual violence or sexual harassment but wishes to maintain confidentiality or do not consent to the institution’s request to initiate an investigation, the Title IX Coordinator must weigh the request against the College’s obligation to provide a safe, non-discriminatory environment for all members of the community.
The College will assist with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of the reporting choices. While reporting individuals may request accommodations through several College offices, the following office can serve as a primary point of contact to assist with these measures; Dean of Students, 518-697-6320. The College also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that protects identity and the situation disclosed.
The Title IX Coordinator may seek consent prior to conducting an investigation. An individual may decline to consent to an investigation, and that determination will be honored unless Columbia-Greene Community College’s failure to act does not adequately mitigate the risk of harm to the victim or other members of the community. Honoring a confidentiality request may limit the ability to meaningfully investigate and pursue conduct action against an accused individual. If an investigation is required, the College will send a notification and take immediate action as necessary to protect and assist the victim.
When an individual discloses an incident to someone who is responsible for responding to or reporting sexual violence or sexual harassment, but wishes to maintain confidentiality, the College will consider many factors to determine whether to proceed despite that request. These factors include, but are not limited to:
- Whether the accused has a history of violent behavior or is a repeat offender;
- Whether the incident represents escalation, such as a situation that previously involved sustained stalking;
- Whether an increased risk exists that the accused will commit additional acts of violence;
- Whether the accused used a weapon or force;
- Whether the reporting individual is a minor; and
- Whether other means to obtain evidence are available such as security footage, and whether the report reveals a pattern of perpetration at a given location or by a particular group.
If the College determines to move forward with an investigation, the reporting individual or victim/survivor will be notified and the College will take immediate action as necessary to provide protection and assistance.
Requests for Confidentiality:
Melissa Fandozzi, Director of Human Resources, Title IX Coordinator, (518) 697-6337, melissa.fandozzi@sunycgcc.edu
Filing a Complaint with a State and/or Federal Agency
A student unsatisfied with the College’s handling of a complaint, may also file a complaint with federal and state agencies. Below is a list of agencies and their respective contact information. For external enforcement agencies, - See Appendix A.
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, SW
Washington, D. C. 20202-1100
Telephone: (800) 421-3481
Fax: (202) 453-6012
Email: OCR@ed.gov
Office for Civil Rights
U.S. Department of Health and Human Services
Jacob Javits Federal Building
26 Federal Plaza, Suite 3312
New York, NY 10278
Customer Response Center: (800) 368-1019
Email: ocrmail@hhs.gov
Office for Civil Rights
U.S. Department of Education
New York Office
32 Old Slip, 26th Floor
New York, New York 10005
Telephone: (646)428-3900
Email: OCR.NewYork@ed.gov
New York State Domestic and Sexual Violence Hotline at 1-800-942-6906
Dual Filing a Complaint with the College and a State and/or Federal Agency
In addition, the complainant may file a complaint with the appropriate state or Federal agency at any point during the process.
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 Procedure:
- Criminal Complaints: The complaint may result in criminal penalties, such as a fine, community service, probation, jail sentence, or 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.
- An employee, then the matter is referred to the Office of Human Resources for employee discipline.
Having: Penalties: of- 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 firmly follows 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, 518-697-6320.
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 law enforcement agencies. However, victim/survivor may have difficulty coming forward after such an event, and several options are 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/survivor’s confidentiality.
Public Awareness/Advocacy Events
The College is not obligated to begin an investigation should an individual disclose a situation through a public awareness event such as “Take Back the Night”, candlelight vigils, protests, or other public program. The College may use the information provided to inform the need for additional education and prevention efforts.
Anonymous Disclosure
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 options. The student should simply tell the staff member about
the request for anonymity. The student can talk confidentially and disclose as much or as little information as appropriate. The student may also complete a Sexual Assault Anonymous Report.
The Hotline is for crisis intervention, resources, and referrals and is not a reporting mechanism. New York State Hotline for Sexual Assault and Domestic Violence: 1-800-942-6906.
Institutional Crime Reporting
Reports of certain crimes occurring in certain geographic locations will be included in the College Clery Act Annual Security Report in an anonymous manner that neither identifies the specifics of the crime nor the identity of the reporting individual or victim/survivor.
- Melissa Fandozzi, Title IX Coordinator, Director of Human Resources, 518-697-6337
- Mel Bruschetti, Campus Security, 518-697-6170
- State Police 24-hour hotline to report sexual assault on a NY college campus: 1-844-845-7269
Columbia-Greene Community College is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when potentially compromising law enforcement efforts and when the warning itself could potentially identify the reporting individual or victim/survivor). A reporting individual will never be identified in a timely warning.
The Family Educational Rights and Privacy Act allows institutions to share information with parents when (1) there is a health or safety emergency, or (2) when the student is a dependent on either parents’ prior year Federal Income Tax return. Generally, Columbia-Greene Community College will not share information about a report of sexual violence with parents without the permission of the reporting individual.
- 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 crime, including sexual assault and rape, on or near the campus, and to develop and disseminate prevention policies.