Sexual violence response policy

• Holly Irion, Licensed Mental Health Counselor: 518-681-5620; irionh@sunyacc.edu; Washington Hall 118

• Beth Braxton, Licensed Mental Health Counselor: 518-743-2249; braxtone@sunyacc.edu; Washington Hall 113

   

• Planned Parenthood 24-Hour Rape Crisis Hotline: 1-866-307-4086
• Domestic Violence Project 24-Hour Hotline: 518-793-9496
• Saratoga County Wellspring Victim Services 24-Hour Hotline: 518-584-8188

• List of New York State Hotlines by county
• New York State Police 24-Hour Hotline for Reporting Sexual Assault on a College Campus: 1-844-845-7269
• SUNY Sexual Assault & Violence Response (SAVR) Resources: Search by proximity to campus or by geographic region.
• Disclosure and Assistance Options in Multiple Languages: Cataloged by the Office for Prevention of Domestic Violence. You can also call 1-800-942-6906 for assistance.

NOTE: Hotlines are for crisis intervention, resources and referrals, and their staff members are well-trained to help victims of sexual violence. However, they are services distinct from the college, meaning that hotlines do not provide SUNY Adirondack with any information. We strongly encourage you to additionally contact a campus resource so we are aware of your situation and can provide you with additional support and resources.

Assistance can also be obtained from:

• ServJustice: A national not-for-profit organization that increased the prospect of justice for survivors by holding both perpetrators and enablers of sexual violence accountable. 
• Legal Momentum: A national nonprofit organization that leads action for the legal rights of women. 
• New York State Coalition Against Sexual Assault: NYSCASA's member rape crisis programs provide free, confidential services including: 24/7 emergency hotline; individual counseling; support groups; advocacy and accompaniment through medical, law enforcement and court systems; information; and referrals. 
• New York State Coalition Against Domestic Violence: You can use the NYSCADV program director to find a confidential domestic violence hotline for crisis help, safety planning, emotional support, and help finding resources in your area including safe shelter, advocacy, counseling and legal assistance.
• Pandora's Project: A nonprofit organization dedicated to providing information, support and resources to survivors of rape and sexual abuse and their friends and families. 
• GLBTQ Domestic Violence Project: Provides free and confidential support and services for gay, lesbian, bisexual, transgender and queer survivors of domestic and sexual violence through work to increase safety, security and empowerment through direct services, education and advocacy. 
• Rape, Abuse & Incest National Network (RAINN): RAINN operates the National Sexual Assault Hotline (1-800-656-4673) in partnership with more than 1,000 local sexual assault service providers across the country. 
• Safe Horizon: Provides compassionate and expert support for people who have experienced domestic and intimate partner violence, child physical and sexual abuse, human trafficking, stalking, youth homelessness, and violent crimes committed against a family member and within communities. 

Disclose the incident to one of the college officials below who will offer privacy, and can provide information about remedies, accommodations, evidence preservation and how to obtain resources.

• Counseling Center: 518-743-2278, Washington Hall
  Seeing a SUNY Adirondack counselor is always free of charge to students. Additionally, our counselors can help you make arrangements to see an off-campus counselor free of charge for up to eight (8) sessions and on a sliding payment scale thereafter.
• Title IX coordinator Cornelius Gilbert: 518-743-2313; gilbertc@sunyacc.edu;  Scoville Learning Center Room 326
• Campus Public Safety: 518-743-7233; Residence Hall 164-166

These resources will provide the information contained in the Students’ Bill of Rights, including the right to choose when and where to report, the right to be protected by the college from retaliation, and the right to receive assistance and resources from the college.

These resources will disclose that they are private, not confidential, resources; they will nevertheless protect your privacy to the very best of their ability. They may still be required by law and college policy to inform certain officials, like the Title IX coordinator, about the incident

These resources will notify you that the criminal justice process uses different standards of proof and evidence than college procedures, and any questions about the penal law or the criminal process should be directed to law enforcement officials or a district attorney.

File a criminal complaint with SUNY Adirondack Campus Public Safety and/or with local law enforcement and/or state police:

• Campus Public Safety: 518-743-7233, Residence Hall 164-166, available 24 hours a day
• Warren County Sheriff: 518-743-2500, 1400 State Route 9, Lake George, NY 12845
• Washington County Sheriff: 518-746-2475, 399 Broadway, Fort Edward, NY 12828
• Saratoga County Sheriff: 518-885-6761, 6010 County Farm Road, Ballston Spa, NY 12020
• New York State Police 24-Hour Hotline to Report Sexual Assault on a New York College Campus: 844-845-7269
• New York State Police Campus Sexual Assault Victims Unit Representative: Bill Shea, 518-783-3249, william.shea@troopers.ny.gov

Receive assistance from the Title IX coordinator and/or director of Public Safety in initiating legal proceedings in family or civil court.

File a report of sexual assault, domestic violence, dating violence and/or stalking, and/or talk to the Title IX coordinator for information and assistance.

Reports will be investigated in accordance with SUNY Adirondack policies and your identity shall remain private at all times if you wish to maintain privacy.

If you wish to keep your identity anonymous, you may call the Title IX coordinator anonymously to discuss the situation and available options.

Complaints against an individual unaffiliated with SUNY Adirondack (i.e. an employee of an outside vendor) will be referred to the appropriate college officials who can, at your request, assist in discerning the appropriate body from which to seek disciplinary action.

We will also work with you to ensure your safety on our campus and provide access to appropriate resources, including assistance in obtaining a persona non grata letter, subject to legal requirements and college policy. You may withdraw your complaint or involvement from the SUNY Adirondack processes at any time.

At a minimum, at the first instance of your disclosure to a college official, the following information shall be presented to you: “You have the right to make a report to Campus Public Safety, local law enforcement, and/or state police; to choose not to report; to report the incident to the College; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from the College.”

• When the accused is a student, the College can issue a “No Contact Order” consistent with college policy and procedure, meaning that for the accused to continue contacting the protected individual is a violation of college policy subject to additional conduct charges.
• If the accused and protected person observe each other in a public place, it is the responsibility of the accused to leave the area in a reasonable time and manner without directly contacting the protected person. 
• If appropriate, the college may establish a schedule for parties seeking to use the same facilities without running afoul of the No Contact Order. 
• Both the accused person and the reporting individual may request a prompt review, reasonable under the circumstances and consistent with SUNY Adirondack policies and procedures, of the need for and terms of a No Contact Order, including requests to modify the terms of or discontinue the Order. 

• Assistance from SUNY Adirondack Public Safety and the Title IX coordinator in initiating legal proceedings in family or civil court, including but not limited to obtaining an Order of Protection or, if outside of New York state, an equivalent protective or restraining order.
• A copy of the Order of Protection or equivalent, and an opportunity to meet or speak with a college official, or to be connected with an outside resource, who can explain the order and answer questions about it, including an explanation of the consequences for violating these orders (including but not limited to arrest, additional conduct charges, and temporary suspension) and information from the Order about the accused’s responsibility to stay away from the protected person(s), as that burden does not rest on the protected person(s).
• Assistance from Campus Public Safety in effecting an arrest when an individual violates an Order of Protection or, if outside New York state, an equivalent protective or restraining order within the jurisdiction of SUNY Adirondack Public Safety or, if outside of the jurisdiction of SUNY Adirondack Public Safety, to call on and assist local law enforcement in effecting an arrest for violating such an order.    

• When the accused is a student and presents a continuing threat to the health and safety of the community, to have the accused subject to temporary suspension pending the outcome of a conduct process.
• Both the accused person and the reporting individual may request a prompt review, reasonable under the circumstances and consistent with SUNY Adirondack policies and procedures, of the need for and terms of a temporary suspension, including requests to modify the terms of or discontinue the suspension. 
• When the accused is not a student but is a member of the college community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements, employee handbooks and SUNY Adirondack policies and rules.
• When the accused is not a member of the college community, to have assistance from SUNY Adirondack Public Safety or other college officials in obtaining a persona non grata letter, subject to legal requirements and college policy.
• To obtain reasonable and available interim protective measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to ensure safety, prevent retaliation, and avoid an ongoing hostile environment.
• Both the accused person and the reporting individual may request a prompt review, reasonable under the circumstances and consistent with SUNY Adirondack policies and procedures, of the need for and terms of any interim measure and accommodation that directly affects him or her. Parties may submit evidence in support of their request to the Dean for Student Affairs or the Title IX coordinator.
• While reporting individuals may request accommodations through any of the offices referenced in this policy, the Title IX coordinator will serve as the main point of contact to assist with these measures.

If not deemed jurisdiction for a Title IX Complaint, you may request that student conduct charges be filed against the accused. Conduct proceedings are governed by the procedures set forth in the SUNY Adirondack Student Handbook 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 respondent and the reporting individual will have:

• The same opportunity to be accompanied by an advisor of their choice who may assist and advise the parties throughout the conduct process and any related hearings or meetings.
• Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct.
• Per SUNY Adirondack’s Code of Conduct, advisors may speak with their respective advisees during hearings and/or meetings, and advisees may request a brief recess from the hearing to consult with their advisor. However, advisors may not participate in the hearing or meeting process, i.e. by asking questions directly to college officials, attempting to present evidence, or speaking on behalf of their advisee.
• However, advisors may not participate in the hearing or meeting process, i.e. by asking questions directly to college officials, attempting to present evidence, or speaking on behalf of their advisee.
• Any advisor who does not abide by these instructions will be asked to leave at the discretion of the Dean for Student Affairs.   
• The right to a prompt response to any complaint, and to have the complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the respondent (including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made) 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, including fairness, impartiality, and a meaningful opportunity to be heard, and is not conducted by individuals with a conflict of interest.
• The right to receive advance written or electronic notice of the date, time, and location of any meeting or hearing they are required to or are eligible to attend. Accused individuals will also be told the factual allegations concerning the violation, a reference to the specific Code of Conduct provisions alleged to have been violated, and possible sanctions.
• 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 offer evidence during an investigation and to review available relevant evidence in the case file (or otherwise held by SUNY Adirondack).
• The right to present evidence and testimony at a hearing, where appropriate.
• The right to a range of options for providing testimony via alternative arrangements, including telephone/videoconferencing or testifying with a room partition.
• The right to exclude prior sexual history with persons other than the other party in the conduct process or their own mental health diagnosis or treatment from admittance in the college disciplinary stage that determines responsibility.
• Past findings of domestic violence, dating violence, stalking or sexual assault may be admissible in the disciplinary stage that determines sanction. 
• The right to ask questions of the decision maker and via the decision maker indirectly request responses from other parties and any other witnesses present.
• The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.
• The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the decisions, sanction(s) (if any), and rationale.
• For students found responsible for sexual assault, the available sanctions are suspension with additional requirements and dismissal.
• For crimes of violence, including but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act, students who are suspended or dismissed from the College after a finding of responsibility of a Code of Conduct violation will have a notation made on their transcript that they were "suspended after a finding of responsibility for a Code of Conduct violation" or "dismissed after a finding of responsibility for a Code of Conduct violation."
• For more information, please see the full Transcript Notation Policy in the College Catalog.  
• Access to at least one level of appeal of a determination before a panel, which may include one or more students, that is fair and impartial and does not include individuals with a conflict of interest.
• The right to have access to a full and fair record of a student conduct hearing, which shall be preserved and maintained for at least five years.
• These records will be kept in the office of the Dean for Student Affairs.
• The right to choose whether to disclose or discuss the outcome of a conduct hearing. However, it should be noted that this does not allow students to unreasonably share private information in a manner intended to harm or embarrass another individual, or in a manner that would recklessly do so regardless of intention. Such sharing may be retaliation, which can result in separate charges under the Code of Conduct.
• The right to have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel makes a final determination, unless otherwise required by law.