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DOMESTIC VIOLENCE & STALKING

(Approved by Executive Council on January 6, 2004)

Purpose
SUNY Plattsburgh is an educational community bound by common standards of conduct and a commitment to ensuring a safe and supportive learning environment for all students. This policy establishes procedures for responding to incidents involving domestic violence and stalking.  Domestic violence and stalking are considered particularly troubling because these crimes interfere with the above commitment by:

  1. Endangering the physical and emotional well being of community members; 
  2. Offending the dignity and violating the autonomy of community members;
  3. Disrupting the academic progress of victims or survivors during the abusive relationship. 

National statistics indicate that both females and males can be victims of domestic violence.  Statistics show that female members of college communities are at significant risk of being physically, emotionally or sexually assaulted, most probably by someone known to or trusted by the victim. Recent studies have shown that college-age women are victims of both domestic violence and sexual assaults with disturbing frequency but these crimes are very often unreported.

Portions of this policy may parallel state or federal laws, but are in no way intended to substitute or supplant those laws. As members of the SUNY Plattsburgh community, students and employees of the University are expected to comply with and abide by the SUNY Plattsburgh policies and procedures, in addition to federal, state, and local laws whether off campus or on-campus.  The use of alcohol and other drugs in conjunction with an incident of domestic violence does not mitigate accountability for the commission of these acts or diminish the seriousness of the offense.


Revision History
Reviewed by:

List of changes to this document:


Persons Affected
College students and employees including police, faculty, staff, administrators, victims/survivors and visitors to the campus.


Policy
Sexual Assault, Domestic Violence and Stalking are related phenomena and can often occur in the same relationship. However, there are characteristics that are unique to each, and the SUNY Plattsburgh chooses to adopt separate policies in order to facilitate understanding and accessibility to resources. ( See Response to Campus Sexual Assault for Sexual Assault Policy).  As a matter of policy, domestic violence, including harassment and stalking, is strictly prohibited and will not be tolerated in the SUNY Plattsburgh community.  It is the policy of this institution to support and assist victims to report all incidents and violations to the law enforcement officials or agencies with appropriate jurisdiction and avail themselves of all the services and rights to which they are entitled by law.  PSU SUNY Plattsburgh provides reporting options, including the police department; victim assistance; internal mechanisms for discipline; prevention training; and other related services.  Students are encouraged to use services provided by University Police Department, the Center for Student Health and Psychological Services, the Office for Judicial Affairs, the Office for Violence Prevention as well as the local victim/survivor services agency.  SUNY Plattsburgh provides an array of on campus services to victims/survivors: confidential crisis intervention, health and mental health care and related advocacy and assistance, including changing academic programs and living situations (if requested and reasonably available).  SUNY Plattsburgh provides appropriate judicial/discipline processes that are supportive, fair, expedient, and respectful of the individual needs and rights of all involved, including privacy.    The Office of Student Affairs manages this policy.

Available resources include:


Policy
Sexual Assault, Domestic Violence and Stalking are related phenomena and can often occur in the same relationship. However, there are characteristics that are unique to each, and the PSU SUNY Plattsburgh chooses to adopt separate policies in order to facilitate understanding and accessibility to resources. (See Response to Campus Sexual Assault for Sexual Assault Policy) As a matter of policy, domestic violence, including harassment and stalking, is strictly prohibited and will not be tolerated in the PSU SUNY Plattsburgh community.  It is the policy of this institution to support and assist victims to report all incidents and violations to the law enforcement officials or agencies with appropriate jurisdiction and avail themselves of all the services and rights to which they are entitled by law.  PSU SUNY Plattsburgh provides reporting options, including the police department; victim assistance; internal mechanisms for discipline; prevention training; and other related services.  Students are encouraged to use services provided by University Police Department, the Center for Student Health and Psychological Services, the Office for Judicial Affairs, the Office for Violence Prevention as well as the local victim/survivor services agency.  PSU SUNY Plattsburgh provides an array of on campus services to victims/survivors: confidential crisis intervention, health and mental health care and related advocacy and assistance, including changing academic programs and living situations (if requested and reasonably available). PSU SUNY Plattsburgh provides appropriate judicial/discipline processes that are supportive, fair, expedient, and respectful of the individual needs and rights of all involved, including privacy.    The Office of Student Affairs manages this policy.


Definitions
For the purposes of this policy and related procedures, the terms Domestic Violence, Stalking and Confidentiality are defined as follows:

DOMESTIC VIOLENCE (also called dating, relationship, and intimate partner violence, spouse or wife abuse, or battering) is a pattern of abusive behavior-physical (e.g. strike, shove, kick, restraint, punch, strangle); sexual (e.g. sexual assault); emotional (e.g. isolation from friends & community, verbal abuse); and psychological (e.g. threats of harm to victim or self, third party, pets, or property, humiliation & degradation, harassment) that is used by one person to gain power and control over a current or former spouse or intimate partner or current or former dating partner.  

If left unchecked domestic violence usually increases in frequency and severity.  Anyone can be a victim of domestic violence as it crosses all social, economic, racial, religious, and ethnic groups. Domestic violence affects people who are currently dating, formerly dating, married, divorced, living together, including gay or lesbian relationships.

STALKING is a intentional pattern of conduct involving repeated or continuing harassment that is intended to cause or does cause a person to reasonably fear or suffer: (1) Death or death of others important to that person; (2) Assault or assault of others important to that person;  (3) Bodily injury or bodily injury of others important to that person; (4) Sexual assault or sexual assault of others important to that person; (5) Involuntary restraint or involuntary restraint of others important to that person; (6) Damage to property or damage to property of others important to that person; (7) Confinement or confinement of others important to that person, (8) Threats of harassment via electronic devices (e.g. e-mail, phone, fax).  Stalking can involve a range of behaviors including, but not limited to, following someone on foot or in a car, showing up at the victim’s place of work, repeatedly calling, sending flowers and gifts, contact through emails and letters, breaking into the victim’s home, and even homicide.  The relationship between the perpetrator and the victim may be a current or former dating partner or spouse, married, or living together, including gay and lesbian relationships, acquaintances, or strangers. 

Criminal Definition for Domestic Violence and Stalking can be found in the ADDENDUM on page 8.

CONFIDENTIALITY is defined as safeguarding from disclosure (within the guidelines of New York State law) personal information that the victim/survivor reveals in the context of reporting domestic violence and/or stalking to Behavioral Health Services North, STOP Domestic Violence, the SUNY Plattsburgh Center for Student Health & Psychological Services or the Office for Violence Prevention.  The same safeguards are not guaranteed with reports to the PSU Police Department, Office for Judicial Affairs and Residence Life. 

Responsibilities
The Office of Judicial Affairs, the Office of Housing/Residential Life, the Center for Student Health & Psychological Services, the Office for Violence Prevention, the Office of Human Resources and employees and students will support and assist (with the victim/survivor's consent) victims/ survivors of domestic violence and stalking to report any incident to law enforcement agencies, and to contact the local domestic violence agency (Behavioral Health Services North, STOP Domestic Violence) and the SUNY Plattsburgh Center for Student Health & Psychological Services. In order to provide for the needs and care of victims, as well as to enforce behavior standards critical to our educational mission, it is important that all violations of this policy are reported to appropriate authorities, including the law enforcement officials or agencies with jurisdiction in the location of the incident and to the Office for Violence Prevention.

On-Campus Services and Support

• University Police Services (564-2022)
• Office of Judicial Affairs (564-3282)
• Office of Residence Life (564-3824)
• Center for Student Health (564-2187) & Psychological Services (564-3086)
• Office for Violence Prevention (564-4028)
• Office of Human Resources (if employee related 564-5062)
• Employee Assistance Program (if employee related 564-3277)

Procedures to Respond to Incidents of Domestic Violence and Stalking
University investigations and disciplinary procedures will:


Victims/Survivors
Any SUNY Plattsburgh student, employee or visitor, who has been physically or sexually threatened or harmed is to be supported and assisted (with the victim/survivor's consent) to contact the police department for the jurisdiction where the threat or assault occurred (the University Police Department at 564-2022 can assist in making the contact). If the victim is sexually assaulted, follow the College Response to Sexual Assault Protocol and strongly urge the victim/survivor to go through the Sexual Assault Nurse Examiner (SANE) program at Champlain Valley Physicians Hospital, CVPH for medical attention ( if the incident occurred within the previous 72 hours) and for the purpose of preserving important physical evidence of the assault. This evidence may be used if the victim chooses to pursue legal prosecution at a later date.

Off-Campus Services and Support

University Employees and Students (when informed of an incident of assault) will: 

University Offices Receiving a Report

Office for Violence Prevention will: 

Center for Student Health & Psychological Services will:

University Police Services will:


Housing/Residential Life Offices will:


Office of Judicial Affairs will:

 

Office of Human Resources will:

DISCIPLINE POLICIES AND PROCEDURES FOR VICTIM AND/OR WITNESS(ES)
Witnesses to or victims of domestic violence and/or stalking may wish to contact the Office of Judicial Affairs, if the accused party is a PSU student.  In this event, officials from that office will meet with the victim or witness to discuss the report and determine whether there is reason to believe a conduct code offense has occurred. At the same time, discipline procedures will be explained to the victim or witness, including the role of the victim, the witness, the accused, and SUNY Plattsburgh. The College representative will answer questions and provide general information about alternative options available to the victim or witness, including civil and criminal options and will explore possible resolutions.  With the victim’s consent, an advocate with the Office for Violence Prevention or the local domestic violence agency will be present at this interview and at each stage of the process. To ensure a safe and supportive process the Office for Violence Prevention will be notified about the progress of the charge, including but not limited to the initial meeting with the alleged assailant.

It should be understood that victims and witnesses are not initiating Student Code of Conduct charges; the University is considered the complainant, and the University Police are responsible for continuing the investigative process. The university may proceed with disciplinary action even when the alleged victim voluntarily chooses not to participate in the process. Victims and witnesses will be asked to contribute testimony and information to assist in the resolution of the complaint, as outlined in the Student Conduct Manual.  It should be reiterated that, the victim has the right to withdraw from the process at any time. Charges can be investigated by the University Police Department on the basis of either a statement of domestic violence and/or stalking from the victim or a witness’s statement or complaint (i.e. residence hall staff, police, faculty, staff, parent, visitor, or another student). Additional questions or concerns regarding disciplinary proceedings should be directly addressed to the Office of Judicial Affairs.
 
DISCIPLINE POLICIES AND PROCEDURES FOR THE ACCUSED
If an individual files a complaint against a SUNY Plattsburgh student regarding an assault and/or stalking which has taken place on campus or at a SUNY Plattsburgh sponsored activity, SUNY Plattsburgh may pursue Code of Conduct charges against the accused student whether or not these charges are pursued by legal authorities and whether or not the student is convicted of these charges.

At the beginning of the discipline process, individuals thought to have relevant information, including the accused, will be contacted and interviewed by University Police. If sufficient information is gathered to determine that there are reasonable grounds to proceed with the discipline process, charges will be filed under the Student Code of Conduct found in the Student Conduct Manual.
 
Accused parties should refer to the appropriate section of the Student Conduct Manual, III. STUDENT RIGHTS WHEN CHARGED WITH A VIOLATION  for information on their rights, responsibilities and the discipline procedures.  Further questions or concerns on the part of the accused student should be directed to the Office of Judicial Affairs.

If an individual files a complaint against a SUNY Plattsburgh employee regarding an assault and/or stalking which has taken place on campus or at a SUNY Plattsburgh sponsored activity, SUNY Plattsburgh may pursue discipline charges against the accused employee whether or not these charges are pursued by legal authorities and whether or not the employee is convicted of these charges, in accordance with applicable personnel polices and collective bargaining agreements.  In such cases, Human Resources will investigate and proceed as appropriate. 

ADDENDUM

CRIMINAL DEFINITION
The New York State Penal Law defines DOMESTIC VIOLENCE offenses in family and criminal court to include:


Attempt to commit a crime.

  1. With intent to cause physical injury to another person, he causes such injury to such person or a third person; or 
  2. He recklessly causes physical injury to another person; or 
  3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or dangerous instrument.
    Assault in the third degree is a class A misdemeanor


Assault in the second degree
     A person is guilty of assault in the second degree when:

  1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or 
  2. With intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or  
  3. With intent to prevent a peace officer, police officer, a fireman, including a fireman acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such fireman, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospital emergency department, from performing a lawful duty, by means including  releasing or failing to control an animal under circumstances evincing the actor’s intent that the animal obstruct the lawful activity of such peace officer, police officer, fireman, paramedic, technician, or medical or related personnel in a hospital emergency department, he causes physical injury to such peace officer, police officer, fireman, paramedic or technician; or  
  4. He recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or  
  5. For the purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness or physical impairment or injury to another person by administering to him, without his consent, a drug, substance or preparation capable of producing the same; or 
  6. In the course of and in furtherance of the commission or attempted commission of a felony, other than a felony defined in article one hundred thirty which requires corroboration for conviction, or of immediate flight there from, he, or another participant if there be any, causes physical injury to a person other than one of the participants; or  
  7. Having been charged with or convicted of a crime and while confined in a correctional facility, as defined in subdivision  three of section forty of the correction law, pursuant to such charge or conviction, with intent to cause physical injury to another person, he causes such injury to such person or to a third person; or 
  8. Being eighteen years old or more and with intent to cause physical injury to a person less than seven years old, the defendant recklessly causes serious physical injury to such person; or 
  9. Being eighteen years old or more and with intent to cause physical  injury to a person less than seven years old, the defendant causes such injury to such person; or 
  10. Acting at a place the person knows, or reasonably should know, is on school grounds and with intent to cause physical injury , he or she:
    (a) causes such injury to an employee of a school or public school district; or
    (b) not being a student of such school or public school district, causes physical injury to another, and such other person is a student of such school who is attending or present for educational purposes.  For purposes of this subdivision the term “school grounds” shall have the meaning set forth in subdivision fourteen of section 220.00 of this chapter.  
  11. With intent to cause physical injury to a train operator, ticket inspector, conductor or bus operator employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, he or she causes physical injury to such train operator, ticket inspector, conductor or bus operator while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus.

Assault in the second degree is a class D felony.


Assault in the first degree     

A person is guilty of assault in the first degree when:

  1. With the intent to cause serious physical injury to another person, he causes such injury to such person or to a third party by means of a deadly weapon or dangerous instrument; or 
  2. With intent to disfigure another person seriously and permanently , or to destroy, amputate or disable  permanently a member or organ of his body, he causes such injury to such person or to a third person; or 
  3. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes a serious physical injury to another person; or 
  4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight there from, he, or another participant if there be any, cause serious physical injury to a person other than one of the participants.
    Assault in the first degree is a class B felony.


Menacing in the first degree
A person is guilty of menacing in the first degree when he or she commits the crime of menacing in the second degree and has been previously convicted of the crime of menacing in the second degree within the preceding ten years. 
Menacing in the first degree is a class E felony.

Menacing in the second degree
A person is guilty of menacing in the second degree when:

  1. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, shotgun, machine gun or other firearm; or 
  2. He or she repeatedly follows a person or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of physical injury, serious physical injury or death; or 
  3. He or she commits the crime of menacing in the third degree in violation of that part of a duly served order of protection, or such order which the defendant has actual knowledge of because he or she was present in court when such order was issued, pursuant to article eight of the family court act, section 530.12 of the criminal procedure law, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, which directed the respondent or defendant to stay away from the person or persons on whose behalf the order was issued. 
    Menacing in the second degree is a class A misdemeanor.


Menacing in the third degree
A person is guilty of menacing in the third degree when, by physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury.
Menacing in the third degree is a class B misdemeanor. 

Stalking in the fourth degree
A person is guilty of stalking in the fourth degree when he or she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct:

  1. is likely to cause reasonable fear of material harm to the physical health, safety or property of such person’s immediate family or a third party with whom such person is acquainted; or 
  2. causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct, or  
  3. is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct.
    Stalking in the fourth degree is a class B misdemeanor.     
         

Stalking in the third degree     
A person is guilty of stalking in the third degree when he or she:  

  1. Commits the crime of stalking in the fourth degree in violation of section 120.45 of this article against three or more persons, in three or more separate transactions, for which the actor has not been previously convicted; or 
  2. Commits the crime of stalking in the fourth degree in violation of section 120.40 of this article against any person, and has previously been convicted, within the preceding ten years of a specified predicate crime, as defined in subdivision five of section 120.40 of this article, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or  
  3. With intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person’s immediate family; or  
  4. Commits the crime of stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree.
    Stalking in the third degree is a class A misdemeanor.   

 

Stalking in the second degree
A person is guilty of stalking in the second degree when he or she:

  1. Commits the crime of stalking in the second degree as defined in subdivision three of section 120.50 of this article and in the course of and furtherance of the commission of such offense; (i) displays, or possesses and threatens the use of, a firearm, pistol, revolver, rifle, shotgun, machine gun, electronic dart gun, electronic stun gun, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, slingshot, shirken, “Kung Fu Star”, dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous instrument, deadly instrument, or deadly weapon or (ii) displays what appears to be a pistol, revolver, rifle, shotgun machine gun or other firearm; or  
  2. Commits the crime of stalking in the third degree in violation of subdivision three of section 120.50 of this article against any person, and has previously been convicted, within the preceding five years, of a specified predicate crime as defined in subdivision five of section 120.40 of this article, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or  
  3. Commits the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree as defined in subdivision four of section 120.50 of this article against any person; or   
  4. Being twenty-one years of age or older repeatedly follows a person under the age of fourteen or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death.
    Stalking in the second degree is a class E felony.     


Stalking in the first degree
A person is guilty of stalking in the first degree when he or she commits the crime of stalking in the third degree as defined in subdivision three of section 120.50 or stalking in the second degree as defined in 120.55 of this article and, in the course and furtherance thereof, he or she:

  1. intentionally or recklessly causes physical injury to the victim of such crime; or  
  2. commits a class A misdemeanor defined in article one hundred thirty of this chapter, or a class E felony defined in section 130.25, 130.40 or 130.85 of this chapter, or a class D felony defined in section 130.30 or 130.45 of this chapter.
    Stalking in the first degree is a class D felony.

Harassment in the first degree  
A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury.
Harassment in the first degree is a class B misdemeanor.

Harassment in the second degree  
A person is guilty of harassment in the second degree when, with intent to harass, annoy, or   alarm another person:

  1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or  
  2. He or she follows a person in or about a public place or places; or  
  3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no other legitimate purpose.
    Harassment is a violation.

Aggravated harassment in the second degree
A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:

  1. Communicates, or causes a communication to be initiated by mechanical or electronic means or otherwise, with a person, anonymously or otherwise,  by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or 
  2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or  
  3. Strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding the person’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; or 
  4. Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 of this article within the preceding ten years. 

Additional Information
Please note: if an assault is reported to a staff or faculty who is a “Campus Security Authority” as defined by the January 20, 2003 Memorandum regarding “Clery Act Required Reporting of Crime Statistics”, and the January 21, 2003 Memorandum regarding “Response To Campus Sexual Assault”, the “Campus Security Authority” is required, in accordance with the Clery Act, to report the assault to the PSU Police Department or any officials listed in the January 20, 2003 Memorandum, as the assault may constitute Aggravated Assault  as defined by the federal government.     

Please note: Harassment on the basis of sex is a violation of the law  (Section 703 of Title VII of the Civil Rights Act of 1964 as amended, Title IX of the Education Amendments of 1972, and the New York State Human Rights Law) and will not be tolerated at Plattsburgh State University.  Civil liability related to sexual harassment may include "unwelcome sexual advances, requests for sexual favors and/or verbal or physical conduct of a sexual nature including the establishment of a hostile work or school environment."  Information and assistance regarding formal and informal complaint procedures for sexual harassment are available through the PSU Office of Human Resources at (564-5062). 

Aggravated Assault-An unlawful attack by one person upon another for inflicting severe or aggravated bodily injury.  This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm.  (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)


This policy was adapted from policies shared with PSU by the University of Alabama, the University of South Carolina and other Universities supported by grants from the U.S. Department of Justice, Office of Violence Against Women

A person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of the crime.
    

Assault in the third degree
A person is guilty of assault in the third degree when:Support and assist the victim/survivor (with the victim/survivor's consent) to report the incident to the police. Human Resources may be obligated to report to the police the fact that an assault was reported, but the name of the victim will only be provided with the victim/survivor's consent, except in extenuating circumstances.   Respond to the allegations and discipline if needed, consistent with the Student Conduct Manual.  Maintain the contact as strictly confidential.  

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