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SUNY Plattsburgh > Policies > Administrative

SUNY PLATTSBURGH

SEXUAL VIOLENCE POLICY

Approved by Executive Council  8/2/2011

 
1.0         Purpose
The State University at New York College at Plattsburgh (SUNY Plattsburgh) is an educational community bound by common standards of conduct and a commitment to ensuring a safe and supportive learning and work environment for all students, faculty, and staff. This policy establishes procedures for responding to incidents involving sexual violence. Sexual violence is 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; and
3.    disrupting the academic progress and/or work environment of victims or survivors. 
 
National statistics indicate that both females and males can be victims of sexual violence. Statistics show that female members of college communities are at significant risk of being a victim of sexual violence, most probably by someone known to or trusted by the victim. Recent studies have shown that college-age women are victims of sexual violence 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 College are expected to comply with and abide by SUNY Plattsburgh’s 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 sexual violence does not mitigate accountability for the commission of these acts or diminish the seriousness of the offense. In addition, a victim’s use of alcohol will not be a factor in investigating an incident that is reported (i.e., the victim will not be charged with any alcohol violations).
 
2.0         Revision History
Originally written on March 2, 2007 – updated on July 5, 2011 
 
3.0         Persons Affected
College students and employees including police, faculty, staff, administrators, victims/survivors and visitors to the campus. 
 
4.0         Policy
It is the policy of this institution to support and assist victims to report all incidents and violations as required by the Clery Act and provide victims information about all the medical, legal, and psychological services available so victims can make informed decisions and avail themselves of all the services and rights to which they are entitled by law. When sexual violence is reported, a coordinated response is initiated. Unless the victim is in immediate danger, all steps taken should be discussed with the victim and initiated with his/her consent.
 
First responders should ensure the victim’s safety. First responders are expected to follow general guidelines for creating a comfortable environment (support the victim without passing judgment, let the victim make choices for him or herself, communicate, “I’m glad you’re okay,” “It’s not your fault,” and “I’m sorry that this happened,” don’t physically comfort the victims without their permission, provide the brochure Sexual Assault, Partner Violence, Stalking and Hate Crimes: What Every Student Should Know” when appropriate), and to act in a manner that is supportive and non-judgmental. First responders must discuss their reporting obligations and confidentiality issues with the victim.
 
In all cases, first responders will inform the Dean of Students or his/her designee of the date, time and location of the incident.  This report to the Dean of Students can be done without naming the victim.
 
Mandated reporters, per the Clery Act, are officials of an institution who have significant responsibility for student and campus activities. This includes the dean of students, the director of the college center, the director of housing, the director of residence life, residence directors, the athletic director, team coaches, and student group advisors.
 
Campus Security Authorities are defined in the Student Right-To-Know and Campus Security Act of 1990 (renamed the Clery Act) as “An official of an institution who has significant responsibility for student and campus activities, including but not limited to student housing, student discipline, and campus judicial proceedings.”
 
Campus Security Authorities are obligated to report the time, date, and approximate location of sexual violence incidents to the Office of the Vice President of Student Affairs.
 
First responders will inform victims about their reporting obligation, confidentiality issues, and the College’s commitment to providing a supportive response as soon as it is practically possible in the interaction (i.e., preferably before accepting information about specific details of the situation).
 
5.0     Definitions
 
All acts of sexual violence are forms of sexual harassment covered under Title IX of the Education Law which prohibits discrimination on the basis of sex. Therefore, this policy has been promulgated in part to ensure SUNY Plattsburgh’s compliance with the Title IX requirements applicable to sexual violence.
 
The Office of Civil Rights (OCR), of the United States Department of Education, refers to sexual violence as a physical sexual act perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual also may be unable to give consent due to intellectual, or other disability.
 
Types of Sexual Violence include Sexual Assault and Sexual Exploitation
 
Sexual Assault is nonconsensual, intentional physical contact of a sexual nature, such as unwelcome contact with genitals, buttocks or breasts.
 
Consent is the mutual or simultaneous initiation of specific sexual acts, or freely given verbal agreement to engage in specific sexual contact. Nothing other than mutual or simultaneous initiation of specific sexual acts, or freely given verbal agreement to engage in specific sexual contact will constitute consent. The use of force, threat of force, threat of immediate or future harm, or use of physical intimidation to secure compliance with sexual activity implies a lack of consent. Consent cannot be inferred by lack of physical resistance or lack of verbal refusal (which may include silence). Lack of consent is implied by objective evidence that would be recognizable to a reasonable person of the physical or mental incapacity of an individual. For instance, someone who is asleep or unconscious is incapable of providing consent. An individual who is significantly impaired by alcohol or drugs also may be considered incapable of providing consent.
 
Although consent may initially be given, it may be revoked at any point, either verbally, through physical resistance, by loss of consciousness, or by any action that a reasonable person would consider a withdrawal of consent. Failure to respond promptly to a withdrawal of consent constitutes sexual assault.
 
Sexual assault includes any intentional, nonconsensual physical contact of a sexual nature, including but not limited to:
 
  • any attempted or completed act of nonconsensual sexual penetration. Sexual penetration is any degree of insertion of any object or body part into a person’s urethra, anus or vulva, or any degree of insertion of genitalia into the mouth;
  • attempted or completed nonconsensual genital contact of any kind, including but not limited to nonconsensual oral intercourse or manual contact with genitals; 
  • any nonconsensual physical assault during sexual contact, such as punching, strangling, burning or otherwise intentionally causing physical harm without the consent of a partner; and/or
  • intentional and unwelcome physical contact with an individual’s buttocks or breasts, and unwanted kissing, fondling or groping.
Sexual exploitation is nonconsensual, abusive sexual behavior that does not otherwise constitute sexual assault. Many instances of sexual exploitation are serious enough to be treated as equivalent to sexual assault at SUNY Plattsburgh.
 
Examples of sexual exploitation include but are not limited to tampering with or removal of condoms or other methods of birth control and STI (Sexually Transmitted Infection) prevention prior to or during sexual contact in a manner that significantly increases the likelihood of pregnancy or STI contraction by the nonconsenting party, nonconsensual video or audio taping of sexual activity, allowing others to watch consensual or nonconsensual sexual activity without the consent of a sexual partner, peeping tommery, trafficking people to be sold for sex, and inducing incapacitation with the intent to sexually assault another person.
 
6.0         Responsibilities
The Title IX Coordinator, the Office of Judicial Affairs, the Office of Housing/Residence Life, the Center for Student Health & Psychological Services, the Office of Human Resources and employees and students will support and assist (with the victim/survivor's consent) victims/survivors of sexual violence to report any incident to law enforcement agencies, and to contact the local Sexual Assault Agency 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 Dean of Students.
 
On-Campus Services and Support
·         Title IX Coordinator (564-3301)
·         University Police Services (564-2022)
·         Office of Judicial Affairs (564-3282)
·         Office of Housing and Residence Life (564-3824)
·         Center for Student Health & Psychological Services (564-2187)
·         Office of Human Resources (564-5062)
 
 
7.0         Procedures
 
When a victim of sexual violence is identified or comes forward, there are three possible processes he or she can engage to seek remedy.  A victim has the choice to involve him or herself in one, two or all three processes. The three processes include a Title IX investigation, the criminal justice process assisted by either University Police or local law enforcement, and/or the campus Judicial process. In all known cases, the Title IX Coordinator is charged to ensure that whatever path the victim takes, including not participating in any formal process, that the College is in compliance with Title IX. Any and all procedures that the college offers, including Judicial, must provide prompt and equitable resolution. It is not acceptable, as per Title IX regulations, for the college to offer mediation as a remedy for sexual violence incidents. A Title IX investigation is different from any law enforcement investigation and a law enforcement investigation does not relieve the college of its independent Title IX obligation to determine if there is a sexually hostile environment. If the complainant requests confidentiality or asks that the complaint not be pursued, the college will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue investigation. The college may weigh the request for confidentiality against factors such as: the seriousness of the alleged incident; the complainant’s age; whether there have been other sexual harassment or violence complaints about the same individual; and the alleged perpetrator’s rights to receive information about the allegation if the information is maintained by the school as an “education record” under FERPA. 
 
  
College Title IX investigations and/or disciplinary procedures will:
  • proceed independently of any action taken in the criminal or civil courts, as determined on a case-by-case basis in compliance with Title IX regulations. College procedures are not a substitute for criminal court proceedings;
  • proceed with appropriate attention to victim/survivor safety; and
  • not require a victim/survivor to mediate directly with the person accused, including couples counseling.
 
Title IX Coordinator will:
·         provide assistance to law enforcement regarding appropriate response and have access to campus law enforcement investigation records and findings for the Title IX investigation, so long as it does not compromise the criminal investigation; 
·         review all cases in Judicial system to determine if some remedy available under Title IX was not available through the Judicial system;
·         not wait for outcomes of any criminal cases, but  may wait until law enforcement states they have completed gathering evidence, but no more; 
·         take interim safety steps on behalf of the victim/survivor. Safety steps should minimize burden on complainant;
·         ensure the Title IX grievance process includes timelines for all major stages of procedures (e.g., investigation – 60 days, response to both parties of outcome, appeals process, etc.);
·         ensure the victim/survivor has academic support available and offered to him/her, such as tutoring, re-taking a course or withdrawing from class without penalty; and
·         regardless of whether a victim/survivor, his or her parent, or a third party files a complaint under the school’s grievance procedures or otherwise requests action on the student’s behalf, a school that knows, or reasonably should know, about possible harassment must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation.
 
College Employees (when informed of an incident of sexual violence) will:
  • support and assist the victim/survivor (with the victim/survivor's consent) to report the incident to the police, the Title IX Coordinator, and/or the Office of Judicial Affairs and/or to explore his/her options;
  • support and assist the victim/survivor (with the victim/survivor's consent) to contact the local sexual assault agency and the SUNY Plattsburgh Center for Student Health & Psychological Services (at 564-2187);
  • College employees with supervisory responsibilities will ensure all policies and procedures are followed to provide the victim choices in services and support;
  • report statistics to the Dean of Students as required by the Clery Act;
·         with the victim’s consent, refer the victim for medical treatment, arrange for victim’s transport to the CVPH emergency room when appropriate, offer the victim appropriate referrals for crime reporting, and refer the victim for appropriate counseling services. First responders will notify victims that even if some period of time has elapsed since the assault, a medical exam is recommended, and that the CVPH Emergency Room’s SANE Program is preferable because they can collect evidence and provide HIV prophylaxis, but that the SUNY Plattsburgh Student Health Center is also an option (both CVPH and the Student Health Center can provide emergency contraception and prophylaxis for sexually transmitted infections, but the Student Health Center cannot provide HIV prophylaxis). First responders will notify the victim that evidence can only be collected by the CVPH SANE program within 5 days of an assault, and that evidence is best collected if the victim does not wash, bathe, douche, change clothes, brush teeth, eat, drink, urinate, etc. before going to the hospital. First responders will instruct victims to bring a change of clothes to the hospital. First responders will inform victims that having evidence collected through the SANE program preserves the option to prosecute, but that it will NOT commit an individual to pressing charges. First responders will inform the victim of the availability of getting a taxi voucher from University Police if in need of transportation to the hospital or other medical facilities. If an employee is accused, a report may be made to the Title IX Coordinator or University Police to file a criminal complaint and to the Office of Human Resources. Support and assist victims/survivors (with the victim/survivor's consent) to contact the local sexual assault agency (contact information for these agencies is available through the Center for Student Health and Psychological Services). All contacts with victim/survivor services will be strictly confidential; and
·         support and assist victims/survivors (with the victim/survivor’s consent) to contact SUNY Plattsburgh officials for appropriate action: SUNY Plattsburgh housing residents should contact any Housing/Residential Life staff, the University Police Department, and the Office of Judicial Affairs/Dean of Students.
 
Center for Student Health & Psychological Services will:
  • maintain the contact as strictly confidential;
  • support and assist the victim/survivor (with the victim/survivor's consent) to report the incident to the Title IX Coordinator, police and/or Office for Judicial Affairs;
  • provide appropriate medical services, counseling, and documentation;
  • support and assist the victim/survivor (with the victim/survivor's consent) to contact local victim services agencies and
  • report statistics to the Dean of Students.
 
University Police will:
  • assist the victim/survivor in obtaining medical assistance, if needed;
  • support and assist the victim/survivor (with the victim/survivor's consent) to contact local victim services agencies;
  • provide victim/survivor with local victim services agency name, address and telephone number and hours of operation;  
  • investigate and refer for prosecution when warranted;
  • refer cases to the Title IX Coordinator if the victim wants to file a grievance through that office, whether the accused is a student, employee or a third party;
  • refer cases to the Office for Judicial Affairs if the accused individual is a student;
  • refer cases to Human Resources if the accused individual is an employee;
  • report statistics to the Dean of Students; and
  • investigate charges on the basis of either a statement of sexual assault from the victim or a witness’s statement or complaint (i.e., residence hall staff, police, faculty, staff, parent, visitor, or another student).
 
Housing/Residential Life Offices will:
  • support and assist the victim/survivor (with the victim/survivor's consent) to contact the Center for Student Health & Psychological Services and assist in obtaining medical care, if needed; 
  • support and assist the victim/survivor (with the victim/survivor's consent) to contact local victim services agencies;
  • report all incidents of sexual assault to the Director of Residence Life at 564-3824, who will refer as appropriate. The Director of Residence Life is obligated to report as per the Clery Act, but the name of the victim will only be provided with the victim/survivor's consent, except in extenuating circumstances.
  • support and assist the victim/survivor (with the victim/survivor's consent) to report the incident to the Title IX Coordinator or police;  
  • report the incident to the Office of Judicial Affairs, with consent of the victim/survivor if the person accused is a student;
  • refer victim/survivor to receive assistance, and resource and referral information about local victim/survivor services; and
  • report statistics to the Dean of Students.
 
Office of Judicial Affairs will:
  • respond to the allegations and discipline if needed, consistent with the Student Conduct Manual;
  • support and assist the victim/survivor (with the victim/survivor's consent) to contact local victim services agencies; 
  • support and assist the victim/survivor (with the victim/survivor's consent) to report the incident to the Title IX Coordinator and police. Judicial Affairs office may be obligated to report to the police the fact that an assault was reported, but the name of the victim/survivor will only be provided with the victim/survivor's consent, except in extenuating circumstances;
  • ensure that the victim/survivor, if desired, has a support person present at any interview or hearing, in a manner consistent with the governing student conduct procedures;
  • report statistics to the Dean of Students;
  • organize training of judicial boards hearing cases involving sexual violence;
  • refer to Information Concerning Student Judicial Procedures for Sexual Assault Allegations for guidance on appropriate action concerning disciplinary procedures for cases of sexual violence;
  • initiate disciplinary procedures on the basis of either a statement of sexual violence from the victim or a witness’s statement or complaint (i.e., residence hall staff, police, faculty, staff, parent, visitor, or another student); and
  • pursue Code of Conduct charges against the accused student when sufficient information indicates that there are reasonable grounds to pursue disciplinary action, whether or not legal authorities pursue these charges and whether or not the student is convicted of these charges.
 
Office of Human Resources will:
  • support and assist the victim/survivor (with the victim/survivor's consent) to report the incident to the Title IX Coordinator and 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;
  • if the person accused is a student, the incident will be reported to Office of Judicial Affairs;
  • report statistics to the Dean of Students;
  • work with the Title IX Coordinator to investigate and initiate disciplinary procedures when warranted;.
  • initiate disciplinary procedures on the basis of either a statement of sexual violence from the victim or a witness’s statement or complaint (i.e. residence hall staff, police, faculty, staff, parent, visitor, or another student) and
  • pursue disciplinary charges against the accused employee in accordance with applicable collective bargaining agreements when sufficient information indicates that there are reasonable grounds to pursue disciplinary action, whether or not legal authorities pursue these charges and whether or not the employee is convicted of these charges.
 
DisciplinARY Procedures IN CASES OF SEXUAL Violence
Refer to Information Concerning Student Judicial Procedures for Sexual Assault Allegations for guidance on appropriate action concerning disciplinary procedures for cases of sexual violence.
 
With the victim’s consent, an advocate with a local sexual assault agency will be present at this interview and at each stage of the process. To ensure a safe and supportive process the advocate will be notified about the progress of the charge, including but not limited to the initial meeting with the alleged assailant.
 
8.0     Retaliatory Harassment
 
An employee or student who participates in any of the sexual violence reporting procedures has the right to do so without fear of or actual retaliation. It will be made clear to Respondent that retaliation against an employee or a student who has filed a complaint, or against any witness, will result in appropriate sanctions or disciplinary action as covered by College policies or applicable collective bargaining agreements. These sanctions will be invoked for retaliation regardless of the merits of the original complaint.
 
9.0      Prevention Efforts
 
Title IX regulations requires the college to publish notice of nondiscrimination and grievance procedures as part of prevention efforts. Statements of nondiscrimination and grievance procedures must be easily located and widely distributed to all constituents (e.g., posted on college’s website, sent electronically to all constituents via email, summarized in or attached to major publications, such as handbooks, code of conduct, college catalog). All students and employees must be notified of the name and title of the Title IX Coordinator. Prevention should include education at student and employee new orientation programs, RA/RD training, and athlete/coach training.
 
College staff will be required to organize or conduct sexual violence prevention programming for students each academic year. This prevention effort must focus on the root causes of sexual violence rather than on risk reduction techniques for potential victims, and will not connote the blaming of the victims for sexual violence. The Title IX Coordinator/Affirmative Action Officer or her/his designee will ensure that this programming takes place each academic year. 
 
In addition, the Title IX Coordinator or designee will conduct periodic assessments to: 1) ensure practices and behavior of students and employees do not violate policies, 2) ensure employees with knowledge of a sexual assault carried out response duties, and 3) work with student leaders on a “climate check” to assess effectiveness of efforts. 
 
10.0    Training
 
Law enforcement employees, Title IX Coordinator, and all persons involved in implementing grievance procedures (investigators and adjudicator) must receive training on what constitutes sexual harassment, including sexual violence, and the Title IX grievance procedure. Training must include applicable confidentiality requirements. Law enforcement must notify complainants of their right to file a Title IX sex discrimination complaint with Title IX Coordinator.
 
 
 
 
                                                          
 

 

Contact Information

For more information about Administrative Policies, please contact:

Diana LaPorte
Associate Vice President for Administration
Office: Kehoe 710-11
Phone: (518) 564-2539
Fax: (518) 564-2540
Email: laportdm@plattsburgh.edu