SUNY Sexual Violence Response Policy

In accordance with our Students’ 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

• Anonymously via the Title IX website.
• Health and Wellness Center to our licensed counselors. 607-844-8222 ext. 6577; and
• Health Center medical professional Angie McComb, 607-844-8222, ext. 4387.

To disclose confidentially the incident and obtain services from the New York State, New York City or county hotlines. Additional disclosure and assistance options are catalogued by the Office for the Prevention of Domestic Violence and presented in several languages (or by calling 1-800-942-6906), and assistance can also be obtained through:

• Legal Momentum
• NYSCASA
• NYSCADV
• Pandora’s Project
• RAINN
• Safe Horizons

* Please 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 report the incident to one of the following college officials who can offer privacy and can assist in obtaining resources (note that an official who can offer privacy 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):

Campus Police, 607-844-6511

• Residence Life staff
• Office of Diversity Education and Support Services
• Childcare Center
• Student Success Advising staff
• Health and Wellness Services staff
• Student Activities staff
• Athletics staff and coaches
• Deans and Provost
• Title IX Coordinators:
  • Sharon Clark, Human Resources, Senior Title IX Coordinator, room 219, 844.8222, ext. 4440
  • Seth Thompson, Office of Diversity Education and Support Services, room 230, 844.8222, ext. 4358
  • Carolyn Boone, Chief Policy & Compliance Officer, Title IX Coordinator, room 229, 844.8222, ext. 4283
  • Darese Doskal, Director, Student Conduct and Community Standards, Senior Title IX Coordinator, room 229, 844.6591

To file a criminal complaint with Campus Police and/or with local law enforcement:

• Campus Police, 607-844-6511
• Campus Police can direct you to the appropriate local law enforcement if off campus
• State Police 24-hour hotline to report sexual assault on a NY college campus: 1-844-845-7269

To file a report of sexual assault, domestic violence, dating violence, and/or stalking, talk to the Title IX Coordinator for information and assistance. Reports will be investigated in accordance with College policy.

When the accused is an employee, a victim/survivor may also report the incident to the College Office of Human Resources or may request that one of the above referenced confidential or private employees assist in reporting to Human Resources. 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 victim/survivor, 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.

Human Resources, Senior Title IX Coordinator, room 219, 844.8222, ext. 4440

You may withdraw your complaint or involvement from the College process at any time.

II- Resources:

To obtain effective intervention services.

• Health and Wellness Center, room 122, 607-844-8222 ext. 6577. No fee for services.
• Student Health Center, room 118A, 607-844-8222, ext. 4487. No fee for services. Sexual contact can transmit Sexually Transmitted Infections (STI) and may result in pregnancy. Testing for STIs and emergency contraception is available [provide contact information for one or multiple on or off-campus locations where students can obtain tests for STIs and describe whether such testing is free or at a cost].
• Cayuga Medical Center or Cortland Hospital. § Within 96 hours of an assault, you can get 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. You are encouraged to let hospital personnel know if you do not want your insurance policyholder to be notified about your 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 is available online or by calling 1-800-247-8035. Options are explained as well online.

III- Protection and Accommodations:

When the accused is a student:

To have the college issue a “Cease and Desist Order,” 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.

To have assistance from Campus Police or other college officials in 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 Campus Police in effecting an arrest when an individual violates an Order of Protection or, if outside of New York State, an equivalent protective or restraining order within the jurisdiction of Campus Police 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.

When the accused is not a member of the college community, to have assistance from Campus Police or Office of Student Conduct 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. While victims/survivors 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:

• Office of the Vice President for Student Services, room 229, 607-844-8222, ext. 4316

To request that student conduct charges be filed against the accused. Conduct proceedings are governed by the procedures set forth in the Student Rights and Responsibilities section of the Catalog as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions.

IV- Student Conduct Process:

Throughout conduct proceedings, the accused and the victim/survivor will have:

• The same opportunity to have access to an advisor of their choice. Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct. Title IX hearings require each party to have an advisor cross examine the other party;
• The right to a prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, 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 recognizes the legal and policy requirements of due process and is not conducted by individuals with a conflict of interest.
• The right to receive written or electronic notice of any meeting or hearing they are required to or are eligible to attend.
• 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 review available evidence in the case file.
• The right to a range of options for providing testimony via alternative arrangements, including telephone/videoconferencing or testifying with a room partition.
• The right to exclude prior sexual history or past mental health history from admittance in college disciplinary stage that determines responsibility. Past sexual violence findings may be admissible in the disciplinary stage 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 sanction(s).
• The right to know the sanction(s) that may be imposed on the accused based upon the outcome of the conduct proceeding and the reason for the actual sanction imposed. For students found responsible for sexual assault, the available sanctions are suspension with additional requirements and expulsion/dismissal.
• The right to choose whether to disclose or discuss the outcome of a conduct hearing.