Sexual Misconduct Policy

Policy Number: 06.16

Responsible Office: Title IX and Human Resources

Origination Date: August 14, 2020

Revision Date: October 3, 2023

1. Policy
   The College of Saint Rose (the “College”) is a private, independent, coeducational institution that reflects the values and heritage of our founders, the Sisters of St. Joseph of Carondelet. The values instilled by our founders include: creating an inclusive community, responding to the needs of the times, educating the whole person, and striving for excellence in all endeavors.The College has adopted this Policy in order to satisfy its obligations under New York State Education Law Article 129-B.  The intent is for the information provided in Sections III-V, VI, and X-XI of this Policy to apply to all student victims of Sexual Assault, Nonconsensual Sexual Activity, Relationship Violence, and Stalking (as defined below, collectively referred to as “Sexual Misconduct”), including those that are covered under the College’s Title IX Grievance Policy.  However, Sections II, VI, VIII, and IX of the Policy only apply to students whose cases are not handled under the Title IX Grievance Policy.

   The College is committed to creating and maintaining a safe environment for all of its students, employees, and covered individuals. All forms of Sexual Misconduct will not be tolerated by the College and represent a violation of College policy and the law. Violation of the College’s Policy on Sexual Misconduct will result in the responsive action, as prescribed under federal and state laws, including investigation of what occurred; action to stop the prohibited conduct; remedial support for the victim of the conduct and, as necessary, for the broader community; and action to reasonably prevent the re-occurrence of the behavior. This may result in possible suspension, dismissal or termination from the College.

   This Policy applies regardless of race, color, religion, creed, ethnicity, national origin, gender, age, sexual orientation, gender identity or expression, familial status, veteran status, disability, predisposing genetic characteristics, domestic violence victim status or other basis identified in federal or state law.

2. Scope of Policy and Jurisdiction
   The Complaint Process definitions outlined in Section III and the process outlined in Section VIII and IX of this Policy apply only to alleged instances of Sexual Misconduct that do not fall under the Title IX Grievance Policy. This Policy applies on all property owned by the College, on all property at which the College holds educational programs or activities, including alleged circumstances that occur off-campus, during an off-campus educational program or activity, on all airplanes, buses, or other vehicles used to transport the College’s students, or any activity occurring within computer and internet networks, digital platforms and computer hardware or software not owned or operated by, or used in the College’s programs and activities.The jurisdiction of the College discipline system can include both on-campus and off- campus incidents at the discretion of the Title IX Coordinator or the Associate Vice President for Student Development. This includes both College related Exchange and Study Abroad programs and College-sponsored events. This means that any incident involving a student that harms the College’s interest will be reviewed to determine if College action is warranted. Any off-campus incident that endangers another member of the College community (i.e.: Sale or Dispensation of Illegal Drugs, Infliction or Threat of Bodily Harm, Sexual or other Related Misconduct, Assault, Aggravated Harassment, or Threat with a Deadly Weapon) may be considered harmful to the interest of the College.

   Students, employees, and covered individuals who have concerns or complaints about Sexual Misconduct should report this conduct to the Title IX Coordinator, who will determine whether Sections II, VI, VIII, and IX of this Policy apply, or whether the Title IX Grievance Policy or Sexual Harassment Policy applies instead. If the Title IX Coordinator determines that the Title IX Policy or Sexual Harassment Policy applies, Sections II, VI, VIII, and IX of this Policy will not apply, and the complaint process will be governed by the applicable policy.

3. Definitions
   1. Affirmative Consent:Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
      • Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
      • Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
      • Consent may be initially given but withdrawn at any time.
      • Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
      • Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
      • When consent is withdrawn or can no longer be given, sexual activity must stop.
   2. Covered IndividualRefers to contractors, subcontractors, vendors, consultants, applicants for employment, and other persons conducting business with the College.
   3. EmployeeRefers to individuals who hold full-time and part-time positions as faculty members, administrators, or staff members.
   4. No Contact OrderA safety measure where the College’s Department of Safety and Security or Title IX Coordinator or designee prohibits a student, employee or third party from contacting another student, employee or third party on campus when there is a behavior that represents a risk of violence, threat, pattern, or predation.
   5. Nonconsensual Sexual ActivityOccurs when “sexual activity” (as defined in this Policy) is perpetrated against a victim without their “affirmative consent” (as defined in this Policy).
   6. Order of Protection:An order of protection is issued by a court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving sexual assault, dating violence, domestic violence, or stalking.
   7. Preponderance of the Evidence:This standard of evidence means that there must be a determination of whether the alleged Sexual Misconduct “more likely than not” to have occurred or 51% likely to have occurred.
   8. Relationship Violence:A pattern of abusive behavior that one person uses to obtain and maintain power and control over their intimate partner. Physical and/or sexual abuse may or may not be present. Coercive control is always present. Relationship Violence is purposeful and systematic, involves a fixed imbalance of power that has been created over time, and is driven by a sense of entitlement.
      • Dating Violence(As defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.
      • Domestic Violence(As defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under New York State’s (NYS) domestic or family violence laws or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of NYS.
   9. Responsible Employees:Responsible Employees are mandatory reporters and include all covered individuals and employees (faculty, administrators, and staff) as well as student employees such as Resident Assistants, unless exempted as outlined in the Confidential Reporting and Resources section of this Policy below. As mandatory reporters, Responsible Employees are required to report all details of an incident of Sexual Misconduct, including the identity of the victim, the identity of the alleged perpetrator (if revealed), the date and location of the incident and details regarding the incident if known, to the appropriate office for purposes of initiation of an investigation and appropriate action. Responsible Employees are trained to provide information and support and appropriate referral to confidential or private reporting resources. Responsible Employees are also required to provide Clery Act statistical information and/or information for a Timely Warning as warranted.

      Any failure to report an incident of Sexual Misconduct may result in disciplinary action being brought against the Responsible Employee, up to and including termination of employment.

   10. Sexual ActivityHas the same meaning as “sexual act” and “sexual contact” as provided in 18 U.S.C. § 2246(2) and 18 U.S.C. § 2246(3).

       The term “sexual act” means:

       • contact between the penis and the vulva or the penis and the anus, and for purposes of this definition contact involving the penis occurs upon penetration, however slight;
       • contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
       • the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
       • the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.The term “sexual contact” means:
       • the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
       • Individuals must obtain affirmative consent (as defined above) prior to engaging in any of the activity referenced above.
   11. Sexual Assault:The term “sexual assault” means an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program and as set forth in Appendix A to the Clery Act regulations (34 CFR § 668.46). In Appendix A to the Clery Act regulations, these terms are defined as follows:
       1. 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.
       2. Fondling – the touching of the private body parts of another person for the purpose of sexual gratification, 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 his/her youth or because of his/her temporary or permanent mental or physical incapacity.
       3. Incest – sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
       4. Statutory Rape – sexual intercourse with a person who is under the statutory age of consent. Under New York law, the age of consent is 17 years old. See New York State Penal Law Article 130
   12. Sexual MisconductFor the purposes of this Policy, the term “Sexual Misconduct” includes Sexual Assault, Nonconsensual Sexual Activity, Relationship Violence, and Stalking, as those terms are defined in this Policy.
   13. Stalking:Under this Policy, the term “stalking” includes stalking as defined under federal and/or state law.  Stalking is an unwelcome pursuit. It is an effective tactic of control exerted by one party upon another. It is also a crime that can cause fear without physical injury as it has no real identified beginning and seemingly no end. Stalking often leads to physical contact and is generally on a trajectory toward violence. Stalking often includes the use of technology such as phones, texting, cameras, social networking sites, and email.

       Stalking, as defined in the VAWA amendments to the Clery Act, means engaging in a course of conduct directed at a specific person that would cause a reasonable person to– (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

       • Course of conduct: Two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by an action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
       • Reasonable person: A reasonable person under similar circumstances and with similar identities to the victim.
       • Substantial emotional distress: Significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
   14. RetaliationAny action that punishes an individual upon learning of a claim under this Policy, that seeks to discourage a student, employee, or Covered Individual from making a formal complaint or supporting a claim under this Policy, or that punishes those who have come forward. These actions need not be job-related or related to academics or occur in the workplace or on the College premises to constitute unlawful retaliation.
   15. StudentAll full-time/part-time, undergraduate, and graduate matriculated students who are enrolled in any of the College’s academic programs (in all in-person and on-line courses and related degree requirements), including all required field placements, student teaching experiences, and internships for course credit. This definition also applies to applicants to the College, prospective students, and students participating in the College Experience Program.
   16. Title IX Coordinator
       1. The Title IX Coordinator manages the College’s response to reports of gender inequity and discrimination, which includes reports of Sexual Misconduct. Informed by current federal and state law and guidance, the Title IX Coordinator aims to ensure that the College’s responses promptly and effectively stop problem behavior, prevent its recurrence, and remedy its effects.
       2. The Title IX Coordinator’s responsibilities include:
          • Overseeing the College’s response to gender discrimination, which includes all forms of sexual violence, to ensure prompt and equitable resolution of all complaints.
          • Providing a central place to report an incident and overseeing the reporting process.
          • Providing information about College policies and procedures.
          • Providing referrals to campus and community resources and victim advocates.
          • Facilitating supportive and/or safety measures to address safety concerns and to support victims and complainants so that academic and professional pursuits may continue unimpeded.
          • Collaborating with community partners to assist with a resolution that balances the needs of the individuals involved with those of the larger community.
          • Keeping records to ensure patterns of behavior are identified.
          • Overseeing investigations of misconduct to ensure fairness, impartiality, and equity.
          • Coordinating and providing training, education, and prevention programs for the entire College community.
       3. The Title IX Coordinator receives and responds to gender equity and sexual violence concerns. In addition to the Title IX Coordinator, the Deputy Title IX Coordinators have the responsibility for either coordinating the College’s Title IX compliance efforts and/or assisting in Sexual Misconduct investigations in collaboration with the Title IX Coordinator. Collectively, the Title IX Coordinator, Deputy Title IX Coordinators, and Trained Investigators serve as the College’s Title IX team. The Title IX Team is charged with handling known instances of gender-based misconduct or sexual violence with fair and efficient processes that are intended to support the entire College community.
          

          Title IX Coordinator	Kateeka Harris titleix@strose.edu 518.223.2550
          Deputy Title IX Coordinator	Jennifer Richardson Associate VP for Student Development Events and Athletic Center, Room 210 420 Western Ave. Albany, New York 12203 richardj@strose.edu 518.454.2023
          Deputy Title IX Coordinator	Jeff Knapp Associate Vice President for Human Resources and Risk Management Cabrini Hall 399 Western Ave. Albany, New York 12203 knappj@strose.edu 518.458.5374

   17. Trained Investigators:

       The College has identified members of the campus community who have gone through extensive training to serve as investigators of Sexual Misconduct complaints. The investigators receive annual training on issues related to:

       1. The four types of cases: domestic violence, dating violence, sexual assault, and stalking, as well as other forms of sexual misconduct as outlined in this Policy.
       2. How to conduct an investigation “that protects the safety of victims and promotes accountability”.
       3. How to conduct an investigation (hearing) “process that protects the safety of the victim and promotes accountability”.
       4. How to conduct investigations of sexual violence,
       5. The effects of trauma.
       6. Impartiality.
       7. The rights of the respondent, including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made.
       8. The College’s policies and procedures.

          The College also utilizes outside investigators who have gone through similar training.

4. Information and Resources for Victims of Sexual Violence
   1. If you are the victim of sexual violence:
      • Get to a safe place – a friend’s house or any place where people can give you emotional support and physical care. Call the Rape Crisis Hot Line.
      • Do not clean up. It may be difficult to keep from cleaning yourself up, but if you do you may destroy evidence that could be useful should you decide to report the assault to the police. Don’t wash up, douche, change clothes, eat, brush your teeth, go to the bathroom or brush your hair. Even if you are not sure about reporting the assault, it makes sense to preserve the option of reporting until you make a final decision.
      • Seek medical help immediately for the treatment of any injuries and for tests to check the possibility of pregnancy or sexually transmitted diseases. If you do plan to report the incident to authorities, there is an additional reason to seek medical attention. Medical evidence can be collected. Don’t douche, bathe, shower or change your clothes before seeking medical attention.
      • Report the incident to a campus counselor or victim advocate if you feel comfortable doing so.
      • Seek counseling, whether or not you decide to report the crime or participate in legal action. Professional counseling is available through the Counseling Center at The College of Saint Rose. Counseling can be beneficial as you work through your reaction to Sexual Misconduct.
      • You may also choose to file a report with campus security, the Albany Police Department, or the NYS Police. This is your decision.
      • If you wish, file a complaint with the Title IX Office, if the accused person is part of The College of Saint Rose community. An investigation for appropriate disciplinary action under the College’s prohibition against Sexual Misconduct will occur with the Title IX Office.
      • Tell your story soon to avoid forgetting details. Alternatively, write out the details for yourself or use a tape recorder.
      • Take whatever steps are necessary to work through the incident/assault. This might include talking to your partner, friend or counselor about your feelings. Resume your normal routine as much as possible.
      • Go with your instincts. Whatever you decide to do is a decision you must feel comfortable with. Your goal is to survive and escape safely. You will react to the crime in the way that makes the most sense to you at the time.
   2. Students’ Bill of Rights:

      All students have the right to:

      1. Make a report to local law enforcement and/or state police;
      2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault taken seriously;
      3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
      4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
      5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
      6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
      7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
      8. Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
      9. Access to at least one level of appeal of a determination;
      10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process;
      11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.
   3. Ways to Protect Yourself:

      There are some practical steps you can take that may decrease the risk of sexual assault.

      1. Express your expectations and limits clearly before you get into a sexual situation.
      2. Limit alcohol and drug use. They make it more difficult for you to be in control. Never ride with someone who has used alcohol or drugs.
      3. Avoid meeting in secluded places and walking alone. If you are concerned, ask campus security to escort you.
      4. Try to be aware of attitudes that your date expresses concerning women or men: hostility, unrealistic views of women or men and/or viewing people as “sex objects”.
      5. Use assertive language such as, “I feel uncomfortable when you don’t listen to me or when you touch me like that.”
      6. Scream “fire” (rather than “rape” or “help”), if you need assistance.
      7. Be alert to what is happening around you.
   4. To reduce your risk for being accused of Sexual Misconduct:
      1. Clearly communicate your intentions to your sexual partner and give them a chance to clearly relate their intentions to you.
      2. Understand and respect personal boundaries.
      3. DON’T MAKE ASSUMPTIONS about consent; about someone’s sexual availability; about whether they are attracted to you; about how far you can go or about whether they are physically and/or mentally able to consent. If there are any questions or ambiguity, then you DO NOT have consent.
      4. Mixed messages from your partner are a clear indication that you should stop, defuse any sexual tension and communicate better. You may be misreading them. They may not have figured out how far they want to go with you yet. You must respect the timeline for sexual behaviors with which they are comfortable.
      5. Don’t take advantage of someone’s drunkenness or drugged state, even if they did it to themselves.
      6. Realize that your potential partner could be intimidated by you, or fearful. You may have a power advantage simply because of your gender or size. Don’t abuse that power.
      7. Understand that consent to some form of sexual behavior does not automatically imply consent to any other forms of sexual behavior.
      8. Silence and passivity cannot be interpreted as an indication of consent. Read your potential partner carefully, paying attention to verbal and non-verbal communication and body language.
   5. Resources:

      There are trained on- and off- campus advocates and counselors who can provide an immediate confidential response in a crisis situation:

      • On-Campus:
        

        On Campus Health Provider Contact Information:	Health Services 190 Partridge St. Albany, NY 12203 518.454.5244
        On Campus Mental Health Care Provider Contact Information:	Counseling Center 1006 Madison Ave. Albany, NY 12203 518.454.5200
        On Campus Pastoral Counselor Contact Information:	Interfaith Sanctuary 959 Madison Ave. Albany, NY 12203 518.454.5296

        • Off-Campus

        Off Campus Resource for Mental Health and Advocacy:	Albany County Crime Victims and Sexual Violence Center 112 State St. Albany, NY 12207 24-Hour Sexual Assault Hotline: (518) 447-7716
        Off-Campus Domestic Violence Services:	Equinox – Domestic Violence Services 526 Central Ave., Suite 201 Albany, NY 12206 24 Hour Hotline – (518) 432-7865
        Health Care Providers, Sexual Assault Nurse Examiners (SANE), Rape Kits:	St. Peter’s Hospital Manning Blvd. Albany, NY 12208 (SANE Exams are free)
        	Albany Medical Center New Scotland Ave. Albany, NY 12208 (SANE Exams are free)

   6. Memoranda of Understanding:

      The College of Saint Rose has entered into a memoranda of understanding (MOU) with the following agencies, in order to provide additional support services:

      1. Albany County Crime Victim and Sexual Violence Center
      2. Albany Medical Center Sexual Assault Forensic Examiner (SAFE) Program
      3. Albany Police Department
      4. Equinox
      5. The Legal Project
      6. Peter’s Health Partners Sexual Assault Nurse Examiner (SANE) Program
5. Orders of Protection

   Victims of Sexual Misconduct may have a right to obtain a court order to protect themselves from the perpetrators. The College will enforce all applicable no contact orders, restraining orders, and similar lawful orders issued by a criminal, civil, or tribunal court, to the extent required by law.

   An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence. Family Courts, criminal courts, and Supreme Courts can all issue orders of protection. An order of protection may direct the offending person not to injure, threaten or harass you, your family, or any other person(s) listed in the order.

   A Family Court order of protection is issued as part of a civil proceeding. Its purpose is to stop violence within a family, or within an intimate relationship, and provide protection for those individuals affected. All Family Court proceedings are confidential.  To obtain an order of protection in the Family Court, your relationship to the other person must fall into one of the following categories: (1) current or former spouse, (2) someone with whom you have a child in common, (3) a family member to whom you are related by blood or marriage, or (4) someone with whom you have or have had an “intimate relationship.” An intimate relationship does not have to be a sexual relationship. A relationship may be considered intimate depending on factors such as how often you see each other, or how long you have known each other. After a petition is filed, the court will decide if it is an intimate relationship.

   To start a proceeding in Family Court, you need to file a form called a Family Offense petition. You can contact the Family Court in your county for help completing and filing the petition.  Contact information for the Family Court in Albany is as follows:

   Albany County Family Court

   Address: 30 Clinton Avenue, Albany, NY  12207

   Phone: 518-285-8600

   Fax: 518-238-4344

   You may also wish to speak with an attorney or domestic violence advocate before filing.

   A criminal court order of protection is issued as a condition of a defendant’s release and/or bail in a criminal case. A criminal court order of protection may only be issued against a person who has been charged with a crime.

   The College will provide reporting individuals assistance from Public Safety, the College security forces, or other appropriate officials in obtaining an order of protection.  The following individuals can be contacted for assistance in obtaining or understanding an Order of Protection:

   Campus Security

   (518) 454-5187 (24 hrs/7 days a week)

   The Legal Project

   24 Aviation Road, Suite 101

   Albany, NY 12205

   (518) 435-1770 (phone)

   (518) 435-1773 (Fax)

   www.legalproject.org

   The College will provide the accused or respondent and the reporting individual a copy of any order of protection or equivalent that the College receives. The College will also provide the accused or respondent and the reporting individual an opportunity to meet or speak with a representative of the College, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the accused’s responsibility to stay away from the protected person or persons. The College will provide the accused or respondent and the reporting individual an explanation of the consequences of violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension.  The College will also call on and assist local law enforcement in effecting an arrest when an individual violates an order of protection.

6. No Contact Orders

   When a student reports a Sexual Misconduct, the College will offer to impose a “no contact order.” This “no contact order” is a College document that does not have the legal effect of an order of protection, which is obtained through a court.

   Under the no contact order: (1) the accused’s continued intentional contact with the reporting individual is a violation of the College’s policy that is subject to additional conduct charges; and (2) if the accused or respondent and a reporting individual observe each other in a public place, it is the responsibility of the accused or respondent to leave the area immediately and without directly contacting the reporting individual. This may include establishing a schedule of attendance for the accused or respondent to access certain locations at the College, such as academic buildings, libraries, athletics or fitness facilities, and dining halls. Responsibility to stay away falls upon the person subject to the no contact order (“covered person”), not the protected individual. A covered person may be a respondent or accused or a third party who is the subject of a no contact order. If the covered person and protected person are in the same place accidentally, it is incumbent upon the covered person to remove themselves in a reasonable time and manner.

   Upon request, both the accused (or respondent) and the reporting individual are entitled to a prompt review, reasonable under the circumstances, of the need for and terms of the mandatory no contact order, including potential modification, in which they are allowed to submit evidence in support of their requests. Requests to review a mandatory no contact order should be submitted to: titleix@strose.edu. If a request for review is received from one party, the other party will be notified of the request for review. The Title IX Coordinator or designee will issue a determination in response to the request, and notify both parties of the determination.

7. VII. Criminal Complaints:

   In addition to filing an internal complaint, students may file a criminal complaint with local law enforcement officials. The College is not involved in that process, but will assist a student in filing a complaint if they so desire. Criminal complaints can be filed with the following agencies:

   • Albany Police Dept., Western Ave., Albany, NY 12203 (518) 438-4000
   • NYS Police 24 hour hotline 1 (844) 845-7269
8. VIII. College Complaint Process:
   1. Filing an Institutional Complaint:
      • Students who wish to file an internal complaint under this Policy should contact one of the following:

        Title IX Coordinator

        Kateeka Harris

        titleix@strose.edu

        518.223.2550

         

        Student Development, EAC, Room 210

        420 Western Ave.

        Albany, NY 12203

        518.454.2023

         

        Campus Safety & Security

        340 Western Ave. Albany, NY 12203

        518.454.5187

      • Student Reports to Responsible Employees – Responsible Employees are mandatory reporters by law and policy. Accordingly, reports made to Responsible Employees will be relayed to the College’s Title IX Coordinator who will initiate an investigation by the College in accordance with this Policy. Even if a student does not want the College to initiate an investigation, once it is reported to a Responsible Employee, the College, through the Title IX Coordinator, will weigh any request for confidentiality against the College’s obligations to provide a safe, non-discriminatory environment for all members of the College’s campus and community, as outlined in section VIII(E)(3), below.
      • Privileged and Confidential Reporting – Either as an alternative to the reporting options listed above or in lieu of reporting Sexual Misconduct to the individuals or offices listed above, students may make privileged and confidential reports of Sexual Misconduct to certain health or mental health providers or pastoral counselors. While criminal complaints, institutional complaints, and reports to Responsible Employees likely will result in the initiation of an investigation, reports to health or mental health providers or to certain pastoral counselors are privileged and will remain confidential so long as the student filing the report does not represent a threat to themselves or to others, or there is a continuing threat to the health and safety of the College community.
      • Anonymous Reporting – Anonymously disclose a crime or violation to the Safety and Security through the anonymous tip line (518) 454-5275 or online form, https://onlineforms.strose.edu/anonymous-report/submit . The College may have a duty to investigate anonymous disclosures to the extent possible, based on the information disclosed.
   2. Protection and Supportive Measures for All Involved Parties:

      Individuals reporting Sexual Misconduct and individuals accused of or responding to allegations of Sexual Misconduct are afforded the following protections and accommodations:

      1. When the accused or respondent is a student, to have the College issue a “no contact order” consistent with the College’s policies and procedures, whereby continued intentional contact with the protected person would be a violation of College policy and result in additional conduct charges. If the accused and a protected individual observe each other in a public place, it shall be the responsibility of the accused to leave the area immediately and without directly contacting the protected person. Both the accused and the protected person may request a prompt review of the need for and terms of a No Contact Order, consistent with College policies and procedures, including potential modification. The requesting party may submit evidence in support of their request. The College may establish an appropriate schedule for the accused to access applicable institution buildings and property at a time when such buildings and property are not being accessed by the protected person.
      2. To be assisted by the College’s security office in obtaining an order of protection or, if outside of New York state, an equivalent protective or restraining order;
      3. To receive a copy of the order of protection or equivalent when received by the College and have an opportunity to meet or speak with a College official who can explain the order and answer questions about it, including information from the order about the accused’s responsibility to stay away from the protected person(s).
      4. To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension;
      5. To receive assistance from campus security in effecting an arrest when an individual violates an order of protection or, if campus security does not possess arresting powers, then to call on and assist local law enforcement in effecting an arrest for violating such an order, provided that nothing in this article shall limit current law enforcement jurisdiction and procedures.
      6. When the accused is a student and presents a continuing threat to the health and safety of the community, to subject the accused to interim suspension pending the outcome of a conduct process. Parties may request a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension, including potential modification, in accordance with procedures set forth in Community Standards, Policies and Procedures, and shall be allowed to submit evidence in support of their request;
      7. When the accused is not a student but is a member of the College’s 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 third party or vendor contracts, union contracts, employee handbooks, and rules and policies of the College;
      8. When the accused is not a member of the College’s 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 rules and policies of the College;
      9. To obtain reasonable and available supportive and/or safety measures that effect a change in academic, housing, employment, transportation, immigration or visa assistance or other applicable arrangements in order to help ensure safety, prevent retaliation and avoid an ongoing hostile environment, consistent with the College’s policies and procedures. Parties may request and consistent with the institution’s policies and procedures, be afforded a prompt review of the need for and terms of any supportive and/or safety measures that directly affects them, and shall be allowed to submit evidence in support of their request.
   3. Initial Remedial Actions:
      • The College will implement initial remedial, responsive and/or protective actions upon notice of alleged Sexual Misconduct or retaliation. Such actions could include but are not limited to: no contact orders, providing counseling and/or medical services, academic support, living arrangement adjustments, transportation accommodations, visa and immigration assistance, student financial aid counseling, providing a campus escort, academic or work schedule and assignment accommodations, safety planning, referral to campus and community support resources.
      • The College will take additional prompt remedial and/or disciplinary action with respect to any member of the community, guest or visitor upon a finding that they have engaged in Sexual Misconduct or retaliation.
      • The College will maintain as confidential any accommodations or protective measures, provided confidentiality does not impair the College’s ability to provide the accommodations or protective measures.
   4. Immunity from Campus Conduct Process:
      • The College strongly encourages the reporting of incidents of Sexual Misconduct.
      • The health and safety of every student at the Institution is of utmost importance. The College of Saint Rose recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Institution’s officials or law enforcement will not be subject to the College’s Community Standards, Policies and Procedures action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
   5. Handling Reports of Sexual Misconduct:
      1. Reports should be filed as soon as practicable after an incident of alleged Sexual Misconduct. The complainant is encouraged to provide as much of the following information as possible:
         • the name of the person or persons allegedly responsible for the action; if a College employee the department and position of said person(s); if a student the address of that person, if known;
         • a description of the incident(s), including the date(s), location(s), and the presence of any witnesses;
         • the alleged effect of the incident(s) on the complainant’s position, academic standing or other conditions of enrollment (student status);
         • the names of other individuals who might have been subject to the same or similar action;
         • the steps the complainant has taken to try to stop the behavior; and
         • any other information the complainant believes to be relevant.
      2. Initial Intake:
         • The Title IX Coordinator, or designee, will determine the identity and contact information of the complainant (whether that is the alleged victim, the individual who filed a College Incident Report, or a College representative).
         • The Title IX Coordinator, or designee, will communicate directly with the complainant to offer an opportunity to meet with the complainant and initiate any necessary remedial actions.
         • Upon meeting with the complainant, the Title IX Coordinator, or designee, will try to obtain further details of the incident and will provide information regarding reporting options, supportive resources and services on campus and in the community, and any supportive and/or safety measures that might be available.
         • The Title IX Coordinator will listen to the needs and requests of the complainant, and follow all federal and state guidelines when working with alleged victims to ensure individual rights.
         • Campus community members (students, employees, and covered individuals) have the right to bring an advisor of choice with them to any and all meetings.
         • The Title IX Coordinator will determine whether the case falls under this Policy, the Sexual Harassment Policy, or the Title IX Grievance Procedure. If the Title IX Grievance Procedure applies, this Policy will NOT apply, and the case will proceed instead under the Title IX Grievance Procedure. If the Sexual Harassment Policy applies, this Policy will NOT apply, and the case will proceed instead under the Sexual Harassment Policy.
         • If the complainant decides to proceed with a full investigation, or the Title IX Coordinator, or designee, decides to proceed with a complaint on behalf of the College, the Title IX Coordinator will identify the policies allegedly violated and other key issues (e.g. power differential, alcohol/drug involvement).
      3. Consent to Investigate:
         • If the College determines that an investigation is required, it must seek consent from reporting individuals prior to conducting an investigation.  If a reporting individual does not consent to the College’s request to initiate an investigation, the Title IX Coordinator will weigh the request against the College’s obligation to provide a safe, nondiscriminatory environment for all members of its community.
         • The College will honor a request to decline to consent to an investigation, unless the College determines in good faith that failure to investigate does not adequately mitigate a potential risk of harm to the reporting individual or other members of the community, based on the Title IX Coordinator’s consideration of factors that include, but are not limited to, the following:
           • Whether the accused has a history of violent behavior or is a repeat offender;
           • Whether the incident represents escalation in unlawful conduct on behalf of the accused from previously noted behavior;
           • 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;
           • Whether the institution possesses other means to obtain evidence such as security footage, and
           • Whether available information reveals a pattern of perpetration at a given location or by a particular group.
         • If the Title IX Coordinator determines that the request to decline to consent to an investigation can be honored, the College will still assist with academic, housing, transportation, employment, and other reasonable and available accommodations.
         • If the Title IX Coordinator determines that a request to decline to consent to an investigation cannot be honored, and an investigation is necessary, the College must notify the reporting individuals and take immediate action as necessary to protect and assist them.
      4. Initiation of the Investigation:
         • When an investigation is commenced, and the accused is a student, the student must be informed, as promptly as possible, of (1) the specific rule, rules, laws, and/or code of conduct provisions alleged to have been violated; (2) the date, time, location and factual allegations concerning the violation; (3) in what manner the specific rule, rules or laws are alleged to have been violated, and (4) the sanction or sanctions that may be imposed on the respondent based upon the outcome of any judicial or conduct process.
         • The Title IX Coordinator is responsible for ensuring that an impartial investigation begins within a reasonable time after a formal complaint has been filed (see section E. 3. formal complaint can be filled by the complainant or by the Title IX Coordinator or designee on behalf of the College). The College of Saint Rose attempts to complete investigations within sixty business days, which excludes weekends and holidays. In certain circumstances, the investigation time frames may need to be extended and the Title IX Coordinator has full authority to extend or modify all time frames set forth in this Policy. In such instances, all parties to the complaint will be notified.
           • The Title IX Coordinator will assign up to two (2) Trained Investigator (s), who may or may not be an employee of the College, and they will direct the investigation and confer with the Title IX Coordinator. The Title IX Coordinator (or designee) manages any of the initial and ongoing supportive and/or safety measures for the complainant and respondent, or other necessary remedial short-term actions.
           • The Trained Investigator(s) will take the initial following steps:
             1. Conduct a preliminary investigation to determine if there is reasonable cause to investigate the charge(s) against the accused individual, and what policy violation(s) should be investigated and confer with the Title IX Coordinator.
             2. If there is insufficient evidence to support reasonable cause, the complaint should be closed with no further action. If there is sufficient evidence to support reasonable cause, the investigation will proceed.
      5. Full Investigation:

         Upon determining with the Title IX Coordinator that there is sufficient evidence for a full investigation, the Trained Investigator(s) shall:

         • Provide the accuser and accused with copies of this Policy.
         • Commence a thorough, reliable and impartial investigation by developing a strategic investigation plan in consultation with the Title IX Coordinator, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses including the complainant and the respondent.
         • Complete the investigation promptly, and without unreasonable deviation from the intended timeline.
         • Discuss the allegations in the complaint with the accuser and accused at separate meetings, and provide the accuser and accused with equal opportunities to identify witnesses and present evidence supporting their respective positions at these meetings.

           Where the reporting individual or accused are students only, the College will also provide the following to the students:

           1. Prepare and provide a notice of charges to the student complainant and student respondent.
           2. Provide the accuser and the accused with the same opportunities for a support person or advisor of their choice throughout the process, including any meeting, conference, hearing or other procedural action. An attorney for either the accuser or the accused may be present, but may not have a speaking role during such meeting, conference, hearing, or other procedural action. Advisors, including attorney advisors, may provide students with reasonable assistance and advice during a meeting, conference, hearing, or other procedural action, which may be accomplished by passing of notes, non-verbal cues, or a reasonable number of breaks or recesses. Advisors, including attorney advisors, may not attempt to circumvent this provision by having advisors write every word that the complainant or respondent reads verbatim, while waiting for the advisor to finish the next sentence of the script. Advisors who violate these provisions may be removed from a meeting, conference, hearing, or other procedural action. If an advisor, including an attorney advisor, is removed, the College is not required to recess the meeting, conference, hearing, or other procedural action to allow the student an opportunity to replace the removed advisor.
           3. Provide reasonable advance written or electronic notice of any meeting they are required to or are eligible to attend,
           4. Provide an opportunity to submit evidence during the investigation, and
           5. Provide the opportunity to exclude (1) their own prior sexual history with persons other than the other party in the conduct process and (2) their own mental health diagnosis and/or treatment from the Title IX Coordinator or other investigator’s consideration when determining responsibility. (However, the Title IX Coordinator or other investigator may consider past findings of Sexual Misconduct when determining the sanction to be imposed).
      6. Informal Resolution
         • The College will attempt, where appropriate, to resolve the complaint by exploring and suggesting possible solutions to the problem with all involved parties, provided, however, that the complainant or accuser will not be required to participate in mediation with the accused.
      7. Investigation Report
         • At the conclusion of the investigation, the Investigator will draft a detailed written report which includes the following components:
           1. A summary of the complaint;
           2. A summary of the response from the respondent;
           3. A summary of the statements and evidence obtained during the investigation;
           4. For each alleged Policy violation:
              • Findings of fact on whether a violation of this Policy occurred based on a Preponderance of the Evidence standard; and
              • The Rationale to support the finding, including credibility determinations regarding the witnesses and documentary evidence;
           5. If the recommendation is that the Policy was violated, the recommendation must include a statement about the severity of the violation;
           6. A recommendation as to the disciplinary action(s) to be taken, if there was a Policy violation.
           7. A statement of, and rationale for, whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided.
           8. The College’s procedures and the permitted reasons for the complainant and respondent to appeal (described below in “Appeal”).
      8. Notice of Outcome of Investigation
         • The Trained Investigator(s) will inform the complainant and respondent of the investigation outcome within five (5) business days of the determination and without significant delay between each party’s notification.
         • Notification will be made in writing and may be delivered by one or more of the following methods:
           • In person.
           • Mailed to the local or permanent address of the parties as indicated in official College records.
           • Emailed to the parties’ College-issued email account.
         • Once mailed, emailed and/or received in-person, notice will be presumptively delivered. The notification will specify:
           • The finding on each alleged Policy violation.
           • Any possible sanctions that may result which the College is permitted to share according to state or federal law.
           • The rationale supporting the essential findings to the extent the College is permitted to share that information under state or federal law.
           • For student complainant and student respondents only: The opportunity to write an impact statement explaining how the possible sanctions may affect each party and the date which the impact statements are due.
      9. Final Decision Process
         • The Investigator’s recommendations will then be submitted to the following to make a final decision regarding responsibility and sanctions: ^[1]
           • For employees and covered individuals other than faculty members: Vice President for Finance and Administration,
           • For faculty members: Provost and Vice President for Academic Affairs (“Provost”), and
           • For students: Associate Vice President for Student Development.

             These individuals are referred to as the “Decision Maker.”

         • In determining sanctions, the Decision Maker shall consider any impact statements submitted by the parties, and the respondent’s prior disciplinary history, if any.
           • Sanctions possible for students under the College’s Policies include but are not limited to the following: Censure, Anger Management Program, Behavioral Contract, Conflict Management Training, Educational Service Hours/Training/Programming, Reflective Exercises, Removal from College Housing, Interim Suspension, Restrictions, Restitution, Persona Non Grata, Disciplinary Probation, Disciplinary Suspension, Disciplinary Dismissal, Transcript Notation, and Work, class or housing modifications (including, but not limited to, changing work study jobs/hours, changing class sections or delivery mode of classes, and changing building/room assignments).
           • Sanctions possible for employees under the College’s Policies include but are not limited to the following: verbal warning, written reprimand, suspension without pay, and termination.
           • Sanctions possible for third parties and covered individuals under the College’s Policies include but are not limited to the following: issuing a Persona Non Grata letter. Additionally, if the respondent is employed by a contractor on campus, the College may require the contractor to terminate the respondent’s employment in order to continue the contract.

             [1] Provided, however, that if the Provost determines that the appropriate sanction for a tenured faculty member is termination, such termination will be subject to the terms of Section 3.2 of the Faculty Manual.  Further, all employee discipline is subject to the terms of any applicable collective bargaining agreement.

      10. Notice of Final Decision
          • The Decision Maker will send Notice of their Decision (the “Final Decision”) by the methods outlined previously and will be sent without a significant delay between each party’s notification. This will include:
            • The finding on each alleged policy violation.
            • Any changes that occurred prior to finalization.
            • Sanction(s) to be applied.
            • Any appeal options that are available.
      11. Transcript Notation for Student Respondents
          • Conduct Related Official Transcript Notations: As required by New York State Law 129- B, a notation will be added to the official College transcript of students found responsible for a violation of the College’s Title IX Grievance Policy or the Sexual Misconduct Policy that:
            • meets the definition of a crime of violence pursuant to the Federal Clery Act established in 20 U.S.C. 1092 (F) (1) (I)- (VII), and,
            • is sanctioned with suspension or dismissal.
          • For a student that is suspended, the transcript notation will read: “Suspended after a finding of responsibility for a code of conduct violation.” A student may appeal, seeking removal of a transcript notation, provided that the notation shall not be removed prior to one year after the conclusion of their sanction. Written appeals must be submitted to the Associate Vice President for Student Development or designee one year after the conclusion of their sanction. The Associate Vice President for Student Development or designee, in consultation with the Title IX Coordinator or designee, will review and accept or deny the appeal. The student will be notified in writing and, if the appeal is granted, the notation will be removed within ten business days upon receipt of the appeal.
          • For a student that is dismissed, the transcript notation will read: “Dismissed after a finding of responsibility for a code of conduct violation”. This notation is permanent and cannot be removed.
          • For a student that withdraws from the College while such cases are pending and declines to complete the conduct process, the transcript will read: “Withdrew with conduct charges pending.” This notation is permanent and cannot be removed.
          • In all cases, an administrative hold will be placed on the student’s record. The hold will prevent future registrations, distribution of transcripts and/or diplomas and may only be removed with permission of the Associate Vice President for Student Development or designee, in consultation with the Title IX Coordinator or designee.
      12. Appeal Process for Students Only:
          • Within three (3) business days of receipt of the Final Decision, student complainants and/or student respondents wishing to appeal the Final Decision may submit a written petition to the Title IX Coordinator at titleix@strose.edu. The Title IX Coordinator will share the appeal with the other party, who may file a response within three (3) business days of receiving the appeal.
          • The Title IX Coordinator shall assign the appeal to the Community Standards Appeal Board to handle and issue a written decision regarding the appeal. The Community Standards Appeal Board shall be comprised of three (3) individuals, who will be free of conflict of interest and bias, and will not serve as investigator, decision-maker, or Title IX Coordinator in the same matter.
          • The Community Standards Appeal Board’s appeal decision shall be final.
          • An appeal shall only be considered if the appeal meets one or more of the following grounds pertaining to the outcome of the investigation and is timely:
            • A procedural error occurred that substantially impacted the outcome of the investigation and/or final decision;
            • To consider new evidence, unavailable during the original investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included in the written petition; or
            • The sanctions imposed are substantially disproportionate to the severity of the violation.
          • If the Community Standards Appeal Board finds that the appeal is not timely or substantively eligible, the original finding and sanction will stand and the decision is final.
          • If the appeal has standing, the documentation from the investigation is forwarded to the Community Standards Appeal Board for consideration.
          • The Community Standards Appeal Board shall issue a written decision within ten (10) business days (excluding weekends and holidays) and shall share the outcome of the appeal simultaneously with both parties and include a written rationale for the decision.
          • The Community Standards Appeal Board shall determine whether to (1) remand the matter to the Trained Investigator(s) for further investigation, (2) uphold the Trained Investigator(s)’ finding and/or sanction, (3) overturn the Trained Investigator(s)’ finding and/or sanction, and/or (4) modify the Trained Investigator(s)’ finding and/or sanction.
      13. Privacy
          • All inquiries, complaints and investigations are treated with respect and attention to the privacy of the complainant. Information is revealed strictly on a need-to- know basis. Although the identities of the complainant and respondent are usually revealed to the respondent and witnesses, the College prohibits retaliation of any form toward any party.
          • A copy of the investigation report and the final decision is included in the student’s or employee’s file only if the investigation concludes that the respondent engaged in prohibited conduct.
          • All information pertaining to a Sexual Misconduct complaint or investigation is maintained by the Title IX Coordinator and the Associate Vice President for Human Resources in secure files. These secure files will be kept separate from all other human resources or student files maintained by the College, except when the investigation concludes that the complaint was reckless or frivolous.
          • When facts obtained in the investigation do not support the allegation, the investigation will be closed. If subsequently there is additional information discovered related to the allegation the investigation will be re-opened.
9. Non-Retaliation

   Retaliation against the individual who initiates a Sexual Misconduct complaint, participates in an investigation, or pursues legal action, or any witness is prohibited. This includes behavior on the part of the respondent or other related persons, including acquaintances, friends, and family members.

   No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured under this Policy and/or under NYS Article 129-B.

   No person may intimate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Policy and/or under NYS Article 129-B.

   Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured under this Policy and/or NYS Article 129-B, is strictly prohibited.

   Although independent action will be taken against anyone engaging in retaliation for making a report of Sexual Misconduct, the respondent is responsible for discouraging such actions and will also be held responsible to the extent of their involvement in the retaliation.

   Individuals can report retaliation as defined under this Policy using the procedures set forth in section VIII above.

10. Active Bystander

    Active Bystanders are individuals who decide to intervene when they observe a situation or see actions that might be Sexual Misconduct.

    Some simple steps to becoming an Active Bystander:

    • Notice the situation: Be aware of your surroundings.
    • Interpret it as a problem: Do I recognize that someone needs help?
    • Feel responsible to act: See yourself as being part of the solution to help.
    • Know what to do: Educate yourself on what to do.
    • Intervene safely: Take action but be sure to keep yourself safe.

      How to Intervene Safely using the three D’s of Bystander Intervention:

    • Direct – Directly intervening, in the moment, to prevent a problem situation from happening
    • Delegate – Seeking help from another individual, often someone who is authorized to represent others, such as a police officer or campus official
    • Distract – Interrupting the situation without directly confronting the offender

      Other options:

      • Call the police (911) or Campus Security 24/7: (518) 454-5187 for support.
      • Or call the National Sexual Assault Hotline at 1-(800)-656-HOPE.
11. Education

    The College offers a number of programs over the course of the academic year, addressing sexual assault, domestic/dating violence, stalking, and related topics, including bystander intervention strategies. A specific program is presented to all new incoming students during orientation, in addition to the required online sexual assault prevention and alcohol and substance abuse prevention education courses. Further programming is offered by various offices and student organizations including residence life, the counseling center, and campus safety and security.

    Pursuant to federal law, students and employees will be educated and updated about security procedures, personal safety, crime prevention and sexual assault, domestic/dating violence, and stalking in all ways that are necessary and appropriate to alert the College community. This may include: posting appropriate flyers, community tabling, mass e-mail messages, placing articles in the student newspaper, social media messaging, classroom announcements, in-classroom presentation, and emergency meetings.

    1.      Program/Activity	Description	Frequency
    Orientation Presentation	Provided by the Title IX Coordinator and Director of Prevention Education, in partnership with Campus and community agencies	Annual requirement for first year/new students
    Get Inclusive – Online Voices for Change	An online program that addresses sexual assault, interpersonal violence, stalking and bystander intervention; incorporates the latest evidence-based prevention methods to create a highly engaging user experience, inspiring students to reflect on and consider changing their drinking habits; incorporates information on identities and inclusion; incorporates information on hazing and bullying	Annual requirement for all new/incoming undergraduate/graduate students, new athletes, new student club officers
    Get Inclusive – Harassment and Prevention Training for Employees	Online prevention program that reviews Title IX, Title VII, and Clery Act reporting obligations	Ongoing requirement for all new employees; annual requirement for all employees
    One Love Foundation-films, workshops, resources	A film-based, guided discussion program focused on relationship abuse, focused on bystander intervention developed by the One Love Foundation	Offered throughout the year
    Social media awareness campaigns	Variety of awareness activities/campaigns promoting healthy relationships	Offered throughout the year
    Title IX and Clery: How to respond and report & Campus Safety	New Employee Training on Title IX, the Clery Act, and campus safety and security provided by the Title IX Coordinator and Director of Prevention Education, and the Director of Safety and Security	Scheduled every two months throughout the year for all new employees in conjunction with Human Resources as part of onboarding orientation
    SUNY Student Conduct Institute trainings for Title IX and Conduct Team	Campus Title IX and Conduct team members are required to attend trainings that are offered in person and/or on-line in accordance with federal and state laws	Ongoing throughout the year
    Get Inclusive – Clery Act	Online course that includes an overview of the Clery Act reporting requirements	Annual requirement for all Campus Security Authorities (CSA’s)
    Take Back the Night	Awareness march for survivors of sexual violence and advocates, in partnership with Albany County Crime Victim & Sexual Violence Center and Albany County colleges and universities	Annually
    Various topic-based programs, workshops, trainings	Programming on any of the following, but not limited to: sexual harassment, sexual misconduct/violence, interpersonal violence/relationship abuse, types of abuse including technology abuse, healthy relationships, consent, bystander intervention strategies, how to respond to disclosure, how to help a friend	Offered throughout the year in partnership with other departments, student clubs and organizations, community agencies, and faculty

12. XIII.     Criminal Penalties Under New York State Law:

    Article 130 of the New York State Penal Code defines sexual offenses and provides information about the penalties associated with each crime.

    1. The following are excerpts from the NYS Penal Code:

Sexual Misconduct:

A person is guilty of sexual misconduct when:

1. He or she engages in sexual intercourse with another person without such person’s consent; or
2. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent; or
3. He or she engages in sexual conduct with an animal or dead human

Sexual misconduct is a class A misdemeanor.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-20.html.

Rape:

A person is guilty of rape in the third degree when:

1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
3. He or she engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.

Rape in the third degree is a class E felony.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-25.html

A person is guilty of rape in the second degree when:

1. Being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or
2. He or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

Rape in the second degree is a class D felony.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-30.html

A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person:

1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless; or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years old or more.

Rape in the first degree is a class B felony.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-35.html

Criminal Sexual Act:

A person is guilty of criminal sexual act in the third degree when:

1. He or she engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than seventeen years old;
2. Being twenty-one years old or more, he or she engages in oral sexual conduct or anal sexual conduct with a person less than seventeen years old; or
3. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.

Criminal sexual act in the third degree is a class E felony.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-40.html

A person is guilty of criminal sexual act in the second degree when:

1. Being eighteen years old or more, he or she engages in oral sexual conduct or anal sexual conduct with another person less than fifteen years old; or
2. He or she engages in oral sexual conduct or anal sexual conduct with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It shall be an affirmative defense to the crime of criminal sexual act in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

Criminal sexual act in the second degree is a class D felony.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-45.html

A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person:

1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless; or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years old or more.

Criminal sexual act in the first degree is a class B felony.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-50.html

Forcible Touching:

A person is guilty of forcible touching when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire.

For the purposes of this section, forcible touching includes squeezing, grabbing or pinching.

Forcible touching is a class A misdemeanor.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-52.html

Sexual Abuse:

A person is guilty of persistent sexual abuse when he or she commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, and, within the previous ten year period, has been convicted two or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree as defined in section 130.55 of this article, sexual abuse in the second degree, as defined in section 130. 60 of this article, or any offense defined in this article, of which the commission or attempted commission thereof is a felony.

Persistent sexual abuse is a class E felony.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-53.html

A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter’s consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old, and such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-55.html

A person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is:

1. Incapable of consent by reason of some factor other than being less than seventeen years old; or
2. Less than fourteen years

Sexual abuse in the second degree is a class A misdemeanor.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-60.html

A person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact:

1. By forcible compulsion;
2. When the other person is incapable of consent by reason of being physically helpless;
3. When the other person is less than eleven years old; or
4. When the other person is less than thirteen years old and the actor is twenty- one years old or older.

Sexual abuse in the first degree is a class D felony.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-65.html

A person is guilty of aggravated sexual abuse in the fourth degree when:

1. He or she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person and the other person is incapable of consent by reason of some factor other than being less than seventeen years old;  or
2. He or she inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than seventeen years old.
3. Conduct performed for a valid medical purpose does not violate the provisions of this section.

Aggravated sexual abuse in the fourth degree is a class E felony.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-65-a.html

A person is guilty of aggravated sexual abuse in the third degree when he or she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person:

1. By forcible compulsion; or
2. When the other person is incapable of consent by reason of being physically helpless; or
3. When the other person is less than eleven years old.
4. A person is guilty of aggravated sexual abuse in the third degree when he or she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.
5. Conduct performed for a valid medical purpose does not violate the provisions of this section.

Aggravated sexual abuse in the third degree is a class D felony.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-66.html

A person is guilty of aggravated sexual abuse in the second degree when he or she inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person:

1. By forcible compulsion; or
2. When the other person is incapable of consent by reason of being physically helpless; or
3. When the other person is less than eleven years old.
4. Conduct performed for a valid medical purpose does not violate the provisions of this section.

Aggravated sexual abuse in the second degree is a class C felony.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-67.html

A person is guilty of aggravated sexual abuse in the first degree when he or she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person:

1. By forcible compulsion; or
2. When the other person is incapable of consent by reason of being physically helpless; or
3. When the other person is less than eleven years old.
4. Conduct performed for a valid medical purpose does not violate the provisions of this section.

Aggravated sexual abuse in the first degree is a class B felony.

http://codes.findlaw.com/ny/penal-law/pen-sect-130-70.html

1. Penalties:

Class A Misdemeanor:

1. Imprisonment of up to one year and/or a fine of up to $1,000

http://codes.findlaw.com/ny/penal-law/pen-sect-70-15.html

http://codes.findlaw.com/ny/penal-law/pen-sect-80-05.html

Felonies:

1. Class B felony – imprisonment of at least five years and no more twenty-five years and/or a fine of up to $30,000
2. Class C felony – imprisonment of at least three and one-half years and no more than fifteen years and/or a fine of up to $15,000
3. Class D felony – imprisonment of at least two years and no more than seven years and/or a fine of up to $5,000
4. Class E felony – imprisonment of at least one and one-half years and no more than four years and/or a fine of $5,000

http://codes.findlaw.com/ny/penal-law/pen-sect-70-80.html

http://codes.findlaw.com/ny/penal-law/pen-sect-80-00.html