Interpersonal Violence Policy

The State University of New York College at Plattsburgh (SUNY Plattsburgh or the college) is an educational community bound by common standards of conduct and a commitment to ensuring a safe and supportive learning and working environment for all students, faculty and staff. This policy establishes procedures for responding to incidents of intimate partner violence (IPV), including procedures to assist reporting individuals, hold perpetrators accountable, and reduce the incidence of IPV and stalking.

Date	Version Number	Change Description	Referenced Section
1/6/04	1.0	New Document	Entire Document
2/3/09	2.0	Major Revisions	Policy Renamed
4/8/14	3.0	Major Revisions
8/12/14	4.0	Major Revisions
8/13/15	4.1	Minor Revisions
8/26/15	4.2	Minor Revisions
10/28/15	4.3	Minor Revisions
9/6/16	5.0	Major Revisions	Policy Renamed
1/3/17	5.1	Minor Revisions
7/23/18	5.2	Minor Revisions
11/30/18	5.3	Minor Revisions	8.0
4/13/19	5.4	Minor Revisions	Updated AAO Name
8/10/20	5.5	Minor Revisions	4.0, 8.0, 9.0
9/1/20	5.6	Minor Revisions	8.0, 9.0

This policy was previously named Intimate Partner Violence and Stalking Policy (formerly Domestic Violence & Stalking Policy)

 Review Process/Approval

Action:	Units	Date
Policy Review	Title IX Management Services
Policy Approval	Executive Council Executive Council  Executive Council  Executive Council  Executive Council  Executive Council	9/6/16 1/6/04 2/3/09 4/8/14 8/12/14 9/6/16

All college employees and all college students, as well as contractors/vendors and visitors to campus.

Interpersonal violence may coincide with sexual violence in intimate relationships. (Also see the College's Policy on Sexual Harassment and Sexual Violence and Workplace Violence Prevention Policy and Procedure.)

Interpersonal Violence: Interpersonal violence is when one person uses power and control over another through physical, sexual, or emotional threats or actions, economic control, isolation, or other kinds of coercive behavior. This includes: domestic violence, dating violence, relationship violence, spousal abuse, or battering, stalking.

Intimate partner violence: Historically called "domestic violence," "intimate partner violence" describes physical, sexual, or psychological harm by a current or former intimate partner or spouse. This type of violence can occur among heterosexual or same-sex couples. Violence by an intimate partner is linked to both immediate and long-term health, social, and economic consequences. Factors at all levels — individual, relationship, community, and societal — contribute to intimate partner violence. Preventing intimate partner violence requires reaching a clear understanding of those factors, coordinating resources, and fostering and initiating change in individuals, families, and society. This may include: physical violence, sexual violence, psychological violence, stalking, and/or threats of sexual/physical violence.

Dating Violence: Dating violence is any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Reporting Individual. The existence of such a relationship shall be determined based on the Reporting Individual’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence.

Domestic Violence: Domestic violence is any violent felony or misdemeanor crime committed by a current or former spouse or intimate partner of the Reporting Individual, a person sharing a child with the Reporting Individual, or a person cohabitating with the Reporting Individual as a spouse or intimate partner.

Stalking: A pattern of conduct involving repeated or continuing harassment that is intended to cause or does cause a reasonable person (or others important to that person) to fear or suffer: death; assault; bodily injury; sexual assault; involuntary restraint; damage to property; confinement. The individual knows or should know that such conduct is likely to cause reasonable fear of material harm to physical health, safety, or personal property of such person, a member of such person's family, or a third party with whom the person is acquainted. Stalking can involve a range of behaviors including, but not limited to: following someone on foot or in a car; showing up at a reporting individual's place of work; repeatedly calling; sending flowers and gifts; contact through e-mails or letters; breaking into the reporting individual's home or car; homicide. Many, but not all, of the behaviors involved in IPV or stalking violate New York State law. (This policy is not intended to substitute for or supplant those laws.)

Unlawful Dissemination or Publication of an Intimate Image: A person is guilty of unlawful dissemination or publication of an intimate image when:

1. With intent to cause harm to the emotional, financial or physical welfare of another person, he or she intentionally disseminates or publishes a still or video image of such other person, who is identifiable from the still or video image itself or from information displayed in connection with the still or video image, without such other person’s consent, which depicts:
   1. An unclothed or exposed intimate part of such other person; or
   2. Such other person engaging in sexual conduct as defined in subdivision ten of Section 130.00 of this chapter with another person; and
   3. Such still or video image was taken under circumstances when the person depicted had a reasonable expectation that the image would remain private and the actor knew or reasonably should have known the person depicted intended for the still or video image to remain private, regardless of whether the actor was present when the still or video image was taken.
2. For purposes of this Section “intimate part” means the naked genitals, pubic area, anus or female nipple of the person.

New York State Penal Law sex offenses include:

Domestic Violence: An act which would constitute a violation of the penal law, including but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction or breaching of blood circulation, or strangulation; and such acts have created a substantial risk of physical or emotional harm to a person or person's child. Such acts are alleged to have been committed by a family member. The victim can be anyone over the age of sixteen, any married person or any parent accompanied by his or her minor child or children in situations in which such persons or such person's child is a victim of the act.

Dating Violence: New York State does not specifically define "dating violence". However, under New York Law, intimate relationships are covered by the definition of domestic violence when the act constitutes a crime listed elsewhere in this document and is committed by a person in an "intimate relationship" with the victim.

Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Sodomy (“Criminal Sexual Act” in the NYS Penal Law): Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will, or not forcibly or against the person’s will where the victim is incapable of giving consent because of the person's youth or because of the person's temporary or permanent mental or physical incapacity.

Sexual Assault with an Object (“Aggravated Sexual Abuse” in the NYS Penal Law): The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against the person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of the person's youth or because of the person's temporary or permanent mental or physical incapacity. An object or instrument is anything used by the offender other than the offender’s genitalia.

Fondling (“Forcible Touching” in the NYS Penal Law): The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of the person's age or because of the person's temporary or permanent mental incapacity.

Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent. The age in NYS is 17.

Sexual Assault: New York State does not specifically define sexual assault. However, according to the Federal Regulations, sexual assault includes offenses that meet the definitions of rape, fondling, incest, or statutory rape as used in the FBI's UCR program.

Sexual Exploitation: 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:

• allowing others to watch consensual or non-consensual sexual activity without the consent of a sexual partner;
• peeping tommery;
• trafficking people to be sold for sex;
• inducing incapacitation with the intent to sexually assault another person; and
• 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 non-consenting party; nonconsensual video or audio taping of sexual activity.

Stalking: A pattern of conduct involving repeated or continuing harassment that is intended to cause or does cause a reasonable person (or others important to that person) to fear or suffer: death; assault; bodily injury; sexual assault; involuntary restraint; damage to property; confinement. The individual knows or should know that such conduct is likely to cause reasonable fear of material harm to physical health, safety, or personal property of such person, a member of such person's family, or a third party with whom the person is acquainted. Stalking can involve a range of behaviors including, but not limited to: following someone on foot or in a car; showing up at an individual's place of work; repeatedly calling; sending flowers and gifts; contact through e-mails or letters; breaking into the individual's home or car; homicide

The Title IX Coordinator, the Student Conduct Office, the Office of Campus Housing & Community Living, the Student Health and Counseling Center, the Office of Human Resource Services, and employees and students will support and assist (with the reporting individual's consent) reporting individuals of domestic violence, dating violence, stalking or sexual assault, to report any incident to campus authorities, law enforcement agencies, and to contact the local sexual assault agency and/or the SUNY Plattsburgh Student Health and Counseling Center. In order to provide for the needs and care of reporting individuals, 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 Vice President for Enrollment & Student Success. (See flowchart in Forms  below).

When a reporting individual of sexual violence is identified or comes forward, there are three possible processes that person can engage to seek remedy. A reporting individual has the choice to be involved 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 reporting individual takes, including not participating in any formal process, SUNY Plattsburgh is in compliance with Title IX. Any and all procedures that the college offers, including judicial proceedings, must provide prompt and equitable resolution.

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 accused's rights to receive information about the allegation if the information is maintained by the school as an “education record” under FERPA. (See further information in Appendix B: Confidentiality.)

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;
• Absent extenuating circumstances, be completed within sixty days.
• Proceed with appropriate attention to reporting individual's safety; and
• Not require a reporting individual to mediate directly with the person accused, including couples counseling

College Employees (when informed of an incident of sexual violence) should:

• Offer support for the reporting individual in non-judgmental ways, allowing the reporting individual to make personal decisions; (See Appendix A: Working with Reporting Individuals)
• Support and assist the reporting individual (with the reporting individual's consent) to explore that person's options with and/or to report the incident to the police, the Title IX Coordinator, and/or the Student Conduct Office;
• See the flowchart link in Forms 
• Support and assist the reporting individual (with the reporting individual's consent) to contact the local sexual assault agency and/or the SUNY Plattsburgh Student Health and Counseling Center (at 564-2187)
  College employees with supervisory responsibilities will ensure all policies and procedures are followed to provide the reporting individual choices in services and support;
• Report the incident to the Title IX Coordinator (even if anonymously).

College Students:

• Are encouraged to be familiar with campus and community resources available to college students, and offer support and assistance as appropriate; (See "Resources" below).
• Are encouraged to be familiar with the student code of conduct;
• Are encouraged to report instances of sexual harassment or sexual violence to campus authorities: the Title IX Coordinator, Res Life staff, University Police.

Title IX Coordinator will:

• Respond to allegations of employee and student sexual harassment and sexual violence. Such allegations can be made by reporting individuals or witnesses. Consistent with Title IX requirements, investigations will proceed independently from any criminal investigation;
• See Complaint Procedure for Review of Allegations of Unlawful Discrimination/Harassment here. This process is followed for reports of verbal sexual harassment and/or gender discrimination.
• Regardless of whether a reporting individual, a reporting party's parent, or a third party files a complaint under the college’s complaint procedures or otherwise requests action on the student’s behalf, promptly investigate to determine what occurred and then take appropriate steps to resolve the situation;
• Take interim safety steps on behalf of the reporting individual, which may include a change of housing assignment, changing class schedules. Safety steps taken should minimize the burden on complainant;
• Not require a reporting individual to mediate directly with person accused;
• If the reporting individual is a student, ensure the reporting individual has academic support available and that it is offered, such as tutoring, re-taking a course or withdrawing from class without penalty;
• 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 the campus judicial system and/or criminal justice system at least annually to determine if some remedy available under Title IX was not available;
• If the reporting individual presents to this office, complete the Victim’s Services Notice (see links in Forms) and distribute copies as indicated.
  Make referrals as indicated;
• If the reporting individual has not re ported the incident to UP, complete a confidential Clery Crime report form (see links in Forms) and forward it as directed.

Student Health and Counseling Center will:

• Maintain the contact as strictly confidential;
• Support and assist the reporting individual (with the reporting individual's consent) to report the incident to the Title IX Coordinator, police and/or Student Conduct Office;
• Provide appropriate medical services, counseling, and documentation;
• Support and assist the reporting individual (with the reporting individual's consent) to contact local victim/survivor services agencies;
• Have Victim’s Safety Service Notices available;
• If the reporting individual has not reported the incident to UP and the victim consents, complete a confidential Clery Crime report form (see links in Forms) and forward it as directed.

University Police will:

• Investigate reports on the basis of either a statement of sexual assault from the reporting individual or a witness’s statement or complaint (i.e., residence hall staff, police, faculty, staff, parent, visitor, or another student);
• Refer accused/respondent for prosecution, personnel action, and/or judicial action as appropriate;
• Assist the reporting individual in obtaining medical assistance, if needed;
• Support and assist the reporting individual (with the reporting individual's consent) to contact local victim/survivor services agencies;
• If the reporting individual presents at UP, provide the Victim’s Safety Services Receipt and distribute copies as indicated;
• Refer cases/complainants to the Title IX Coordinator if the reporting individual wants to file a complaint through that office, whether the accused is a student, employee, or a third party;
• File crime and other reports as appropriate.

Vice President for Enrollment & Student Success Office will:

• Receive reports of sexual violence and compile for review by Title IX Coordinator;
• Collect confidential Clery Crime Incident Report forms and summarize to College officials and the University Police (UP) for the purposes of annual statistical crime reporting;
• Ensure that educational sessions regarding sexual harassment and sexual violence reporting and prevention happen during New Student Orientation and in the Residence Halls. This education will inform students that sexual harassment and sexual violence are prohibited, and will include definitions, list options for bystander action, and describe warning signs;

Office of Campus Housing & Community Living Staff will:

• If the reporting individual presents to this office, complete the Victim’s Services Notice and distribute copies as indicated;
• Report all incidents to the Director of Campus Housing & Community Living, who will refer as appropriate. The Director of Campus Housing & Community Living is obligated to report as per the Clery Act, but the name of the reporting individual will only be provided with the reporting individual's consent, except in extenuating circumstances;
• Support and assist the reporting individual (with the reporting individual's consent) to contact the Student Health and Counseling Center and assist in obtaining medical care, if needed;
• Contact the Counseling Center and ask them to reach out to the student;
• Support and assist the reporting individual (with the reporting individual's consent) to contact local victim/survivor services agencies;
• Support and assist the reporting individual (with the reporting individual's consent) to report the incident to the Title IX Coordinator or police;
• Report the incident to the Student Conduct Office, with consent of the reporting individual if the person accused is a student;
• Place this policy in the manual for RAs and RDs and provide yearly training on the policy.

Student Conduct Office will:

• Respond to allegations of student misconduct consistent with the Student Conduct Manual. Such allegations can be made by reporting individuals or witnesses (e.g., residence hall staff, police, faculty, staff, parent, visitor, or another student). This procedure is independent of any criminal procedure. Proceedings shall provide for prompt, fair and impartial resolutions. The reporting and responding individuals are entitled to the same opportunities to have a support person of their choice at any proceeding or related meeting; (see list of rights above);
• Not require a reporting individual to mediate directly with person accused;
• Hold students who violate the College's Code of Conduct accountable utilizing the Student Code of Conduct and procedures therein. The standard for holding individuals accountable will be a “preponderance of the evidence”. The reporting and responding individuals will be simultaneously informed in writing of the outcome of disciplinary proceedings;
• If the reporting individual presents to this office, complete the Victim’s Services Notice and distribute copies as indicated;
• Support and assist the reporting individual (with the reporting individual's consent) to contact local victim/survivor services agencies;
• Support and assist the reporting individual (with the reporting individual's consent) to report the incident to the Title IX Coordinator and police;
• If the reporting individual has not reported the incident to UP, complete a confidential Clery Crime report form (see links in Forms) and forward it as directed;
• Ensure that the reporting individual, if desired, has a support person present at any interview or hearing, in a manner consistent with the governing student conduct procedures;
• Organize training of judicial boards hearing cases involving sexual violence.

Human Resource Services will:

• Respond to allegations of employee misconduct consistent with College policy. Such allegations can be made by reporting individuals or witnesses. This procedure is independent of any criminal procedure and will proceed independently in compliance with Title IX procedures;
• Support and assist the employee (with the employee's consent) to report the incident to the Title IX Coordinator and/or police. Human Resource Services may be obligated to report to the police the fact that an assault was reported, but the name of the reporting individual will only be provided with the reporting individual's consent, except in extenuating circumstances;
• Not require a reporting individual to mediate directly with person accused;
• If the accused/respondent is a student, report the incident to the Student Conduct Office;
• If the reporting individual has not reported the incident to UP, complete a confidential Clery Crime report form (see links in Forms) and forward it as directed on the form;
• Work with the Title IX Coordinator to investigate and initiate disciplinary procedures when warranted;
• 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;
• If the reporting individual presents at this office, provide a Victim’s Services Notice and distribute copies as indicated on the form;
• Disseminate, on an annual basis, information to College employees concerning this policy;
• Ensure new employees receive sexual violence prevention education which informs them that sexual harassment and sexual violence are prohibited, and which includes definitions, lists options for bystander action, and describes warning signs.

Investigation Procedures

SUNY Plattsburgh is committed to conducting an adequate, reliable, and impartial investigation of reports and complaints of interpersonal violence in a timely manner. The Title IX Coordinator is responsible for overseeing and coordinating many aspects of this response. All employees identified as Responsible Employees are required to promptly and fully report all information about the alleged or suspected interpersonal violence to the Title IX Coordinator. 

When the Title IX Coordinator receives a report alleging actual or suspected interpersonal violence, they will do the following: 

• Review all available information to determine whether or not immediate remedial action can and should be taken.
• In conjunction with SUNY Plattsburgh University Police, determine whether or not a timely warning should be issued to the entire College community in accordance with Clery Act requirements. If SUNY Plattsburgh determines that a timely warning is necessary, the College will make every effort to notify the reporting individual prior to the issuance of the campus notification.
• Conduct a preliminary inquiry into the report or assign investigator(s) to do so.

Purpose of an Investigation

SUNY Plattsburgh will conduct an investigation into allegations of interpersonal violence that occur within the SUNY Plattsburgh Campus Community or have an effect on the SUNY Plattsburgh Campus Community. The purpose of an investigation: 

• When the Respondent is a student or an employee, to collect and compile evidence for the purpose of determining whether the complaint, if accepted as true, alleges a violation of a SUNY Plattsburgh policy, and if determined as so, which policies specifically.
• When the Respondent is a student or an employee, to determine whether the allegations warrant review by the Student Conduct Office or Human Resources, if such review hasn’t already been initiated.
• When the Respondent is not a member of SUNY Plattsburgh community, to collect and compile evidence relevant to the allegations in order to determine whether a violation of College policy has occurred. This determination will be made by the Title IX Coordinator, or designee(s).
• To assist SUNY Plattsburgh in its obligation to stop individual instances of sexual violence, to prevent the recurrence of the violence, and to remedy and any effects the violence has had on individual members, as well as the entire SUNY Plattsburgh community. 

Preliminary Inquiry

Upon receipt of a report alleging interpersonal violence, the Title IX Coordinator or a designee will assess whether a formal Title IX investigation will be conducted under this policy; that is, whether the allegations in the initial report(s), if true, would constitute prohibited interpersonal violence in accordance with SUNY Plattsburgh policy. This preliminary review, including any necessary interviews to be conducted any and any interim measures to be put in place will usually be completed as soon as reasonably possible.

 Investigation Process for Reports when the Accused/Respondent is a Student

If the Title IX Coordinator determines that an investigation is necessary, the following will occur, in no particular order: 

• The Title IX Coordinator/Investigator or designee(s) will be assigned to conduct the investigation.
• The assigned Title IX Investigator(s) will notify all parties to the complaint, if their identities are known, that the College will be conducting an investigation.
• The assigned Title IX Investigator(s) will meet with the reporting individual (person reporting they have been harmed) in order to: 
  • Advise the reporting individual of resources available both on and off campus for support, advocacy, and accommodations for safety and security; 
  • Advise the reporting individual of their reporting rights and options; including the right to request that the College take action; 
  • Advise the reporting individual of the investigation process;
  • Advise the reporting individual about SUNY Plattsburgh’s prohibition against retaliation; 
  • Conduct an interview of the reporting individual, in the event they choose to participate; 
  • Offer the reporting individual the opportunity to provide evidence, including, but not limited to documents, recording, and names of potential witnesses. 
• The assigned Title IX Investigator(s) will meet with the Respondent(s) in order to: 
  • Advise the respondent resources available both on and off campus for support, advocacy, and accommodations; 
  • Advise the respondent about the investigation process; 
  • Advise the respondent about the SUNY Plattsburgh’s prohibition against retaliation; 
  • Conduct an interview of the respondent, in the event they choose to participate;
  • Offer the respondent the opportunity to provide evidence, including, but not limited to documents, recording, and names of potential witnesses. 
•  The assigned Title IX Investigator(s) will attempt to meet with and speak to all witnesses who have or may have information relevant to the investigation.
•  The assigned Title IX Investigator (s) will attempt to collect all evidence relevant to the investigation.
•  If the investigation identifies evidence that, if true, could constitute a violation of the SUNY Plattsburgh Student Code of Conduct, the Title IX Coordinator will make a referral to the Student Conduct Office for further action, at which time: 
  • The Student Conduct Director will contact the respondent for review of referral; 
  • Both the reporting individual and respondent will have the right to view the completed investigation report with the Title IX Coordinator, prior to any scheduled hearing; 
  • Rights in regards to advisors, support, and reasonable accommodations will be reviewed with both the reporting individual and the respondent.
• Absent extenuating circumstances, investigation and resolution is expected to take place within sixty (60) calendar days from the receipt of the complaint. All deadlines and time requirements may, however, be extended for good cause as determined by the Title IX Coordinator, Director of Student Conduct, or a designee of either of those individuals. 

Investigation Process when the Accused/Respondent is an Employee

When the accused is an employee, the investigation will be conducted by the Title IX Coordinator and Office of Human Resources 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 reporting individual, 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 institutional policy. 

Student Conduct Process:  

Reporting Individuals shall have the right:

• To file student conduct charges against the accused. Conduct proceedings are governed by the procedures set forth in the College's Student Code of Conduct (See Appendix) as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions.
• Throughout conduct proceedings, the accused and the reporting individual 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 Conduct Manual;
  • 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 participating in a hearing 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 when participating in a hearing as a witness for the Complainant.
  • 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.  If a student is found to be Responsible for a violation of Section 21, Stalking, Sexual Harassment, or Sexual Exploitation, the available sanctions include: Probation or Suspension, of one, two, three, four, five, six, seven, or eight semesters, or Dismissal. If a student is found to be Responsible for a violation of Section 27, Violent Behavior, specifically Sections 27.02, Sexual Violence (excluding rape as defined in Section I of this document), and 27.03, Dating and Domestic Violence, the available sanctions include: Suspensions of one, two, three, four, five, six, seven, or eight semesters or Dismissal. If a student is found Responsible for rape (as defined in Section I of this document), under Section 27.02, the available sanction is Dismissal.
  • The right to choose whether to disclose or discuss the outcome of a conduct hearing
    • Student Conduct Office:Location: 602 Kehoe Administration Building Phone 518-564-3282 Fax: 518-564-3284, [email protected] 

Reporting Individual Information Checklist
Accused/Respondent Information Checklist
FLOW CHART: RESPONSE TO INTERPERSONAL VIOLENCE
FLOW CHART: RESPONSE TO SEXUAL ASSAULT
Clery Crime Incident Report Form 

Related Policies

SUNY Plattsburgh Policy #2006 – Grievance For Addressing Formal Complaints Of Sexual Harassment Under The Title IX Regulations

SUNY Plattsburgh Policy #2007 – Informal Resolution

SUNY Plattsburgh Policy #2000.5 –P-Complaint Procedure for Review of Allegations of Unlawful Discrimination Harassment

SUNY Plattsburgh Policy #2004.7 – Sexual Harassment and Sexual Violence Policy

SUNY Plattsburgh Policy #8023.1 – No Contact Order

Related Links

Office for the Prevention of Domestic Violence

Student Code of Conduct

On Campus Services and Supports

Title IX Coordinator, Kim Irland	518-564-3281 (not confidential)
Affirmative Action Officer, Mike Thompson	518-564-5062 (not confidential)
University Police	518-564-2022 (not confidential)
Student Conduct Office	518-564-3282 (not confidential)
Campus Housing & Community Living	518-564-3824 (not confidential)
Human Resources Services	518-564-5062 (not confidential)

Off Campus Services and Support (current as of August 2020)

Sexual Assault Services, Planned Parenthood of the North Country New York	1-877-212-2323
Plattsburgh City Police	518-563-3411
NY State Police (Troop B)	518- 563-3761
NY State Police (Troop B) - 24-Hr Sexual Violence Reporting Hotline:	1-844-845-7269
UVM Health Network CVPH Emergency Center	518-562-7370
Other resources listed and updated on line here

Appendix A: Working with Reporting Individuals

If a reporting individual talks to you or seeks your help, you should ensure the reporting individual's safety. First responders are expected to follow general guidelines for creating a comfortable environment:

• Support the reporting individual without passing judgment;
  Let the reporting individual make choices related to self;
• Communicate, “I’m glad you’re okay,” “It’s not your fault,” and “I’m sorry that this happened,”;
• Don’t physically comfort the reporting individual's without their permission;
• Review the Victim/survivor Services Notice (See Forms B below);
• Act in a manner that is supportive and non-judgmental;
• Discuss your reporting obligations and confidentiality issues with the reporting individual.

In all cases, first responders will inform the VP for Enrollment & Student Success or the appointed designee of the date, time and location of the incident on a Clery Crime Incident Report Form. This report to the VP Enrollment & Student Success can be done without naming the reporting individual. See report form in Forms.

Appendix B: Confidentiality

SUNY Plattsburgh wants you to get the information and support you need regardless of whether you would like to move forward with a report of sexual violence to campus officials or to police. You may want to talk with someone about something you observed or experienced, even if you are not sure that the behavior constitutes sexual violence. A conversation where questions can be answered is far superior to keeping something to yourself. Confidentiality varies, and this Forms is aimed at helping you understand how confidentiality applies to different resources that may be available to you.

Privileged and Confidential Resources:

Individuals who are confidential resources will not report crimes to law enforcement or college officials without your permission, except for extreme circumstances, such as a health and/or safety emergency. At SUNY Plattsburgh, these include:

• Student Health and Counseling Center Phone: 518-564-3086

Off-campus options to disclose sexual violence confidentially include (note that these outside options do not provide any information to the campus):

Off-campus counselors and advocates. Crisis services offices will generally maintain confidentiality unless you request disclosure and sign a consent or waiver form. More information on an agency’s policies on confidentiality may be obtained directly from the agency.

• Sexual Assault Services (Planned Parenthood of the North Country New York, Inc.) Talk to an advocate 24/7 Phone: 1-877-212-2323 Web site
• STOP Domestic Violence Talk to an advocate 24/7 Phone: 1-888-563-6904 Email: [email protected] 

For general information in New York State: http://nyscasa.org/
New York State Hotline for Sexual Assault and Domestic Violence: 1-800-942-6906

Off Campus health care providers include:

• Planned Parenthood of the North Country New York, Inc. Phone 518-561-4430 66 Brinkerhoff Street, Plattsburgh
• The University of VT Health Network – Champlain Valley Physicians Hospital (CVPH): Sexual Assault Nurse Examiners (SANE) Room 75 Beekman Street, Plattsburgh (corner of Beekman & Cornelia) Phone: 518-562-7370 or 911 Also, an evidence kit may be collected here and only here. Note: This examination is covered by the Office of Victim Services (OVS). Neither the examination nor any laboratory assessments should be charged to the patient’s insurance.
• The New York State Office of Victim Services may also be able to assist in compensating victims/survivors for additional health care and counseling services, including emergency compensation. More information may be found here and options are explained here.

Note that 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.

Privacy versus Confidentiality

Even SUNY Plattsburgh offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide 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. SUNY Plattsburgh 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 SUNY Plattsburgh Will Weigh the Request and Respond

If you disclose an incident to a College employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to the institution’s request to initiate an investigation, the Title IX Coordinator must weigh your request against our obligation to provide a safe, non-discriminatory environment for all members of our community, including you.

We will assist you with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of your 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:

Title IX Coordinator, Kim Irland. Phone: 518-564-3281. Email: [email protected]

We also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify you or the situation you disclosed. We may seek consent from you prior to conducting an investigation. You may decline to consent to an investigation, and that determination will be honored unless the College’s failure to act may result in harm to you or other members of the College community. Honoring your request may limit our ability to meaningfully investigate and pursue conduct action against an accused individual. If we determine that an investigation is required, we will notify you and take immediate action as necessary to protect and assist you.

When you disclose an incident to someone who is responsible for responding to or reporting sexual violence or sexual harassment, but wish 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;
• The increased risk 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 we possess other means to obtain evidence such as security footage, and whether the report reveals a pattern of perpetration at a given location or by a particular group.

Public Awareness/Advocacy Events: If you disclose a situation through a public awareness event such as “Take Back the Night,” candlelight vigils, protests, or other public event, the College is not obligated to begin an investigation. The College may use the information you provide to inform the need for additional education and prevention efforts.

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 anonymized manner that neither identifies the specifics of the crime or the identity of the reporting individual.

SUNY Plattsburgh 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). 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, the College will not share information about a report of sexual violence with parents without the permission of the reporting individual.

Appendix C: Specific Personnel Policies

Non-Discriminatory and Responsive Personnel Policies for Victimized Employees

SUNY Plattsburgh shall ensure that personnel policies and procedures do not discriminate against reporting individuals of intimate partner violence and are responsive to the needs of reporting individuals.

1. New York State law makes it a crime for employers to penalize an employee who, as a reporting individual or witness of a criminal offense, is appearing as a witness, consulting with a district attorney, or exercising individual rights as provided in the Criminal Procedure Law, the Family Court Act, and the Executive Law. This law requires employers, with prior day notification, to allow time off for reporting individuals or subpoenaed witnesses to exercise individual rights as provided in the Criminal Procedure Law, the Family Court Act, and the Executive Law [Penal Law §215.14]. If there are any questions or concerns regarding the leave that must be granted to reporting individuals or subpoenaed witnesses, contact the Executive Director of Human Resource Services or the Attendance and Leave Unit at the Department of Civil Service.
2. SUNY Plattsburgh, upon request, will assist the employee in determining the best use of individual attendance and leave benefits when an employee needs to be absent as a result of being a reporting individual of intimate partner violence. If an employee requests time off to care for and/or assist a family member who has been a reporting individual of intimate partner violence, SUNY Plattsburgh will evaluate the employee's request for leave for eligibility under existing law and collective bargaining agreements applicable to the employee and the attendance rules.
3. SUNY Plattsburgh understands that reporting individuals of intimate partner violence may lack the required documentation or have difficulty obtaining the required documentation to justify absences without compromising their safety. Therefore, the Executive Director of Human Resource Services will consult with the employee to identify what documentation she/he might have, or be able to obtain, that will not compromise individual safety-related needs and will satisfactorily meet the documentation requirement of the employer. Because there are confidentiality issues associated with the submission of documentation in these instances, SUNY Plattsburgh may choose to consult with the Attendance and Leave Unit at the Department of Civil Service when questions arise.
4. Employees who are reporting individuals of intimate partner violence and who separate from a spouse (or terminate a relationship with an intimate partner, if covered), shall be allowed to make reasonable changes in benefits at any time during the calendar year where possible, in accordance with statute, regulation, contract and policy.
5. SUNY Plattsburgh will not make inquiries about a job applicant's current or past intimate partner violence victimization, and employment decisions will not be based on any assumptions about or knowledge of such exposure. NYS has established that reporting individuals of domestic violence are now a protected class in the employment provisions of the NYS human rights law. This law prevents an employer from firing or refusing to hire any individual based on their status as a reporting individual of domestic violence and prevents discrimination in compensation or in the terms, conditions or privileges of employment.
6. In cases in which it is identified that an employee's work performance difficulties are a result of being a reporting individual of intimate partner violence, said employee shall be afforded all of the proactive measures outlined in this policy, and shall be provided clear information about performance expectations, priorities, and performance evaluation. If a disciplinary process is initiated, special care will be taken to consider all aspects of the victimized employee's situation. SUNY Plattsburgh shall utilize all reasonable available options to resolve work-related performance problems, and may make a referral to the Employee Assistance Program, consistent with existing collective bargaining unit agreements, statute, regulations and agency policy.
7. If reasonable measures have been taken to resolve intimate partner violence-related work performance problems of victimized employees, but the performance problems persist and the employee is terminated or voluntarily separates from employment due to these intimate partner violence related issues, and the employee conveys to SUNY Plattsburgh that the separation is due to these intimate partner violence issues, SUNY Plattsburgh shall inform the employee of his or her potential eligibility for unemployment insurance and respond quickly to any requests for information that may be needed in the claims process. New York State law provides that a reporting individual of intimate partner violence who voluntarily separates from employment may, under certain circumstances, be eligible for unemployment insurance benefits. [§593 of NYS Labor Law.]

SUNY Plattsburgh’s Responsibility

1. SUNY Plattsburgh believes that intimate partner violence is behavior that cannot be tolerated and, to that end will, actively provide information and support to employees who are reporting individuals of such abuse.
2. SUNY Plattsburgh will disseminate copies of this Intimate Partner Violence to all employees upon implementation and to all new employees upon hiring or appointment.
3. SUNY Plattsburgh encourages all employees to review and follow this policy and the procedures set forth herein.
4. SUNY Plattsburgh will, consistent with applicable law and campus policy, document all incidents of intimate partner violence that happen in the workplace. Such documents should be provided to the designated liaison to System Administration as soon as practicable. Such documents shall be kept confidential to the extent permitted by law and campus policy and the provisions of section detailed below.
5. All SUNY Plattsburgh employees providing intimate partner violence information and support services shall document, consistent with applicable law and agency policy, the number of employees who report intimate partner violence, the number of employees that request information/services, and the number of referrals made to domestic violence service providers. All information about employees who seek assistance shall be kept confidential to the extent permitted by law and campus policy and the provisions of section detailed below, and documentation should not include any personal information. The number of employees seeking assistance as outlined above shall be reported to the designated liaison to System Administration.
6. The designated liaison to System Administration shall, consistent with applicable law and SUNY Plattsburgh policy, provide information about the number and general nature of intimate partner violence incidents that happen in the workplace, the number of employees who report intimate partner violence, the number of employees that request information/services, and the number of referrals made to domestic violence service providers, with no personally identifying information, to OPDV at the time and in a manner determined by OPDV.
7. While reported information is kept private to the greatest extent possible by Federal law, State law, and campus policy, New York State law includes clear limitations on legal confidentiality. Information reported to anyone not in a position listed below may have to be disclosed pursuant to a subpoena, where otherwise required by law or in accordance with section above. Such confidentiality exists in certain (but not all) instances for certain medical personnel and counselors, social workers, clergy, attorneys, and rape crisis counselors and may in fact be required to be turned over in these cases through a subpoena or court order. Please note that where medical information is received from an employee who is the reporting individual of intimate partner violence, such medical information shall be kept confidential to the extent required by and permitted by New York State and Federal laws including, but not limited to, the Americans with Disabilities Act and the Family and Medical Leave Act, if they apply to the employee's situation. Information to be Included in Campus Postings Regarding Intimate Partner Violence and the Workplace.

At a minimum, the following information shall be provided to current employees and new employees and included in posters posted in areas where employment information is ordinarily posted:

1. Information regarding intimate partner violence and available resources in the work site. Such information shall include available sources of assistance such as Employee Assistance Program, local intimate partner violence service providers, the NYS Domestic Violence and Sexual Assault hotline, and/or personnel who are trained and available to serve as confidential sources of information, support, and referral. Additionally, the posters may include information regarding domestic violence programs located on the OPDV website (See Links) 
2. A statement informing employees that New York State law prohibits insurance companies and health maintenance organizations from discriminating against intimate partner violence reporting individuals or designation of intimate partner violence as a pre-existing condition [§2612 of the Insurance Law].

Additionally, SUNY Plattsburgh shall integrate information on intimate partner violence and this Intimate Partner Violence policy into existing materials and literature, policies, protocols, and procedures, including the Public Employer Workplace Violence Prevention Programs as appropriate.

Appendix D: Safety of Affected Persons

Workplace Safety Plans

By means of an intimate partner violence workplace safety response plan, SUNY Plattsburgh shall make employees aware of their options and available resources and help employees safeguard each other and report intimate partner violence to designated officials.

The designated liaison between SUNY Plattsburgh and SUNY System Administration is the Executive Director of Human Resource Services. This liaison will ensure campus wide implementation of this policy, and serve as the primary liaison with System Administration regarding this policy. The System Administration designated liaison will communicate with the Office for the Prevention of Domestic Violence (OPDV) on behalf of campuses as it relates to reporting.

Additionally, the following individuals/offices are designated as available to support those in need of assistance concerning intimate partner violence:

• University Police: 518-564-2022 or 911
• The Office of Human Resource Services 518-564-5062
• Title IX Coordinator 518-564-3281
• Center for Student Health and Psychological Services 518-564-2187

SUNY Plattsburgh complies with enforcement of all known valid court orders of protection that are brought to the attention of SUNY Plattsburgh. SUNY Plattsburgh shall comply with Federal and State Law when information is requested by intimate partner violence reporting individuals or law enforcement regarding an alleged violation of an order of protection.

SUNY Plattsburgh will discuss with a known reporting individual of intimate partner violence the limitations on confidentiality under New York State Law (See Section VII [h]; NYS Agencies Responsibility d – g).

SUNY Plattsburgh shall take actions to assist in mitigating reoccurrence of intimate partner violence in an effort to protect all individuals including the reporting individual. These actions may include, but are not limited to:

• advising residence life staff and/or co-workers and, upon request, the employee's bargaining representative, of the situation;
• setting up procedures for alerting University Police;
• temporary relocation of the reporting individual to a more secure area;
• options for voluntary transfer or relocation to a new work site or residence hall room;
• change of work or class schedule
• escort for entry to and exit from the building;
• addressing telephone, fax, e-mail or mail harassment;
• maintaining and/or distributing a photograph of the abuser
• maintaining a copy of any existing court orders of protection in a confidential location within University Police.
• terminating proximity card access or collecting college facilities keys for/from suspended/terminated employees/student.

SUNY Plattsburgh will address any additional concerns raised by a situation in which both the reporting individual and responding individual are employed by SUNY Plattsburgh.

Appendix E: Accountability

Accountability for Employees Who Are Offenders

SUNY Plattsburgh will hold employees accountable for engaging in the following behavior: (1) using state resources to commit an act of intimate partner violence; (2) committing an act of intimate partner violence from or at the workplace or from any other location while on official state business; or (3) using their job-related authority and/or state resources in order to negatively affect reporting individuals and/or assist responding individuals in locating a reporting individual and/or in perpetrating an act of intimate partner violence.

In cases in which SUNY Plattsburgh has found that an employee has threatened, harassed, or abused an intimate partner at the workplace using state resources such as work time, workplace telephones, FAX machines, mail, e-mail or other means, said employee may be subject to corrective or disciplinary action in accordance with existing collective bargaining unit agreements, statutes and regulations.

In cases in which SUNY Plattsburgh has verification that an employee is responsible for an intimate partner violence-related offense, or is the subject of any order of protection, including temporary, final or out-of-state order, as a result of intimate partner violence, and said employee has job functions that include the authority to take actions that directly impact reporting individuals of intimate partner violence and/or actions that may protect abusers from appropriate consequences for their behavior, SUNY Plattsburgh shall determine if corrective action is warranted, in accordance with existing collective bargaining unit agreements, statutes and regulations.

In cases in which any employee intentionally uses her/his job-related authority and/or intentionally uses state resources in order to negatively impact a reporting individual of intimate partner violence, assist an abuser in locating a reporting individual, assist an abuser in perpetrating acts of intimate partner violence, or protect an abuser from appropriate consequences for his behavior, said employee may be subject to corrective or disciplinary action, in accordance with existing collective bargaining unit agreements, statutes and regulations.

Firearms

Pursuant to New York State and federal law, a person convicted of an intimate partner violence-related crime or subject to an order of protection, under certain circumstances, forfeits the right to legally possess a firearm or long gun. Additionally, federal law contains prohibitions relating to shipping, transportation, or receiving firearms or ammunition.

In addition to complying with the law, employees who are authorized to carry a firearm as part of their job responsibilities are required to notify the campus if they are arrested on an intimate partner violence-related offense and/or served with an order of protection. Under certain circumstances, such employees are responsible for surrendering their firearms to the firearm-issuing agency or to the appropriate police agency.

Should an employee fail to comply with the requirements set forth in this policy said employee may be subject to corrective or disciplinary action, in accordance with existing collective bargaining unit agreements, statute or regulations. In addition, the appropriate law enforcement agency shall be notified for possible criminal action.

Accountability for Students Who Are Offenders

SUNY Plattsburgh will hold students accountable who are found to be responsible for violating the College’s rules and regulations pertaining to Intimate Partner Violence and Stalking, as referenced in Section 26.02 and 26.03 of College Regulations contained in the Student Conduct Manual. Each case will be adjudicated on its own merits and those students found responsible will be sanctioned as appropriate based upon the severity of the case and after an evaluation of any past violations of College Rules and Regulations, those of similar circumstances and those of differing circumstance, by the accused student in question.

Method	Date
Campus Handbook	N/A
Faculty / Staff Digest	9/16/16 1/26/17
Student Digest	9/16/16 1/26/17
Other	N/A

There are no specific trainings identified with this policy.