Living Safely
ANNUAL SECURITY REPORT
October 1, 2015
Message from the Director:
W
elcome to Hobart and William Smith Colleges, a truly unique and extraordinary
student-centered environment where our students prepare to lead lives of
consequence.
At Hobart and William Smith Colleges, safety is our top priority and we believe that it is
a shared responsibility. Our campus safety team is committed to working collaboratively
with members of the Hobart and William Smith community to provide a safe and secure
living and educational environment that nurtures the academic and social growth of our
students. This collaboration begins with students, faculty and staff understanding and
practicing basic safety and security measures and reporting illegal activity or suspicious
circumstances immediately to the Office of Campus Safety.
Our annual security report, which is made available to all students, faculty and staff, is
an excellent source of information about our safety and security services, prevention
programing and other resources we offer to the campus community. We encourage you
to read this information and become an active partner in contributing to the safety and
security of our campus.
Please stop by our office, located in the facilities building in Medbery parking lot, or contact
me directly at (315) 781-3000 or at corbett@hws.edu if you have any questions about
campus safety services or have any safety and security concerns.
Martin Corbett
Director of Campus Safety
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VISION STATEMENT
To provide safety, security, essential services, and other personalized assistance to the Hobart
and William Smith Community in a manner that exceeds expectations.
About the Office of Campus Safety
grounded in respect, support, acceptance and personal
accountability.
Hobart and William Smith Colleges maintain a full
time Office of Campus Safety that operates 24 hours a
day, seven days a week, all year. Led by the Director of
Campus Safety, the office is staffed with two associate
directors, an operations lieutenant, communications
supervisor, four patrol sergeants and 16 campus safety
officers. Each shift is supervised by a patrol sergeant
and provides foot, vehicle and bicycle patrol of all
campus residence halls, administrative buildings,
grounds and parking areas. All officers are trained in
emergency response procedures, are certified in CPR/
AED and receive additional professional development
and training throughout the year.
Impartiality
We will actively strive to respond to all situations
and all persons in a fair, unbiased, open-minded and
objective manner. We shall maintain an atmosphere
of openness and transparency as our responsibility and
commitment to the campus community.
Trust/Integrity
We value the trust placed in our organization and its
members by our campus community. We will earn
that trust by being responsible for our actions, willing
to acknowledge our mistakes and recognizing them
as opportunities to learn, grow and improve. We will
demonstrate integrity by maintaining a sound moral
compass and engaging in ethical practices in our
interactions with all persons.
Campus Safety officers respond to calls for service
from the campus community and are responsible for
identifying crime prevention strategies that promote
a safe and secure academic, living and working
environment.
Teamwork
We take pride in being members of the Hobart and
William Smith community and the Office of Campus
Safety. We demonstrate this pride by exhibiting a
unified and professional presence in our community.
We understand that working in a cooperative and
collaborative way with all segments of the campus
community enhances our efficiency and our ability to
deliver the highest quality campus safety services.
At Campus Safety, we believe that every interaction
with every student or other member of the campus
community matters, and provides an educational
opportunity. Rooted in our core values, Campus Safety
personnel strive to foster an environment conducive
to the diverse educational, professional and personal
growth of all members of the campus community.
Our Core Values
Service
We are dedicated to the vision of service and putting
people first. Students, parents, faculty, staff, visitors
and members of the Geneva community are our
priority. We will always make ourselves available to
serve their needs, to go above and beyond and to
exceed expectations.
Respect
We value the differences in people as individuals and
the richness that diversity brings to our institution.
At all times we will display an attitude of respect for,
and the protection of, the dignity, worth and rights of
all we serve. We will maintain a work environment
About Hobart and William Smith Colleges
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Located on 195 acres in the heart of New York State’s
Finger Lakes region, Hobart and William Smith
are independent liberal arts colleges distinctive for
providing highly individualized educations. Guided
by an interdisciplinary curriculum grounded in
exploration and rigor, the Colleges prepare students to
think critically. In partnership with the Geneva and
global communities and through robust programs in
career development, study-abroad, service, leadership
and athletics, the Colleges foster an environment that
values global citizenship, teamwork, ethics, inclusive
excellence, and cultural competence.
Campus Safety Authority and Working
Relationships
Hobart and William Smith Colleges’ institutional rules
and regulations as defined in the HWS Handbook of
Community Standards and to investigate and report
on any alleged community standards violations. The
Office of Campus Safety performs these duties oncampus and at all non-campus locations owned or
controlled by the Colleges.
Campus Safety officers are proprietary security officers
of the Colleges and receive their authority to maintain
public order on the campus through the New York
State Education Law. As such, campus safety officers
do not have police or arrest authority, but do maintain
a close working relationship with area law enforcement
agencies, including the Geneva Police Department,
Ontario County Sheriff’s Office, Seneca County
Sheriff’s Office and the New York State Police.
Campus Safety complies with the registration and
training requirements of the New York State Security
Guard Act for all campus safety officers.
Reporting Crimes and Other Emergencies
All required criminal incidents and motor vehicle
accidents are reported to the Geneva Police
Department for investigative and arrest purposes. In
addition, Hobart and William Smith Colleges have
a memorandum of understanding with the Geneva
Police Department providing for the investigation
of reports of missing students or any violent felony
offenses committed on campus, and as defined in
subdivision one of section 70.02 of the New York State
Penal Law.
Hobart and William Smith community members are
strongly encouraged to promptly and accurately report
all crimes and safety related incidents to the Office
of Campus Safety. Campus safety dispatchers are
available 24 hours a day to answer your calls and will
direct campus safety officers and other appropriate
emergency responders to your location. The campus
safety emergency line can be reached from off campus
telephones or cellular telephones at (315) 781-3333 or
by dialing 3333 from any on campus telephone. When
calling, please state the nature of the emergency and
While assisting and working cooperatively with
provide any requested information
area law enforcement agencies
Campus
safety
dispatchers
are
to the campus safety dispatcher.
during the investigation of campus
available 24 hours a day.
incidents, the Office of Campus
In addition, 33 blue light and
Safety coordinates all on campus
emergency telephones are
requests for services for law
Campus safety emergency line
strategically placed throughout
enforcement agencies, fire services,
– dial 3333 from any on campus the campus along commonly used
emergency medical services and
telephone.
walking routes of travel or at the
other emergency response agencies.
entrances to most residence halls.
These emergency phones dial the
From off campus or cellular
In addition to investigating
violations of criminal law, Campus
telephones dial (315) 781-3333. Campus Safety emergency line
directly and detail the caller’s exact
Safety is empowered to enforce
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location to the Campus Safety
dispatcher. Members of the campus
community are encouraged to use
the blue light telephones to request
assistance or report suspicious
conditions.
33 blue light and emergency
telephones are strategically
placed throughout the campus
Reports to the Geneva Police
Department can be made by
calling (315) 789-1111. Crimes
can also be reported directly
to the Ontario County Sheriff’s
Office by dialing 911.
Crimes should be reported to the
Office of Campus Safety for the
continued safety of all community
members, for inclusion in the annual
security report and to evaluate the
need to issue a “timely warning”
notice to the campus community. In
addition to the Office of Campus Safety, crimes can be
reported to any dean with the Hobart (315-781-3300)
or William Smith (315-781-3477) dean’s offices, any
professional staff member of the Office of Residential
Education (315-781-3880), The Assistant Vice
President for Student Affairs/Dean of Student Conduct
(315-781-3900), Human Resources Office (315781-3312 ), or any members of the Office of Title IX
Programs and Compliance (315-781-3922). The Office
of Campus Safety cannot guarantee the confidentiality
of any reporting party and therefore does not have
any procedures for voluntary, confidential reporting of
crimes for inclusion in the annual disclosure of crime
statistics.
reporting a crime anonymously to
the Office of Campus Safety. This
anonymous reporting option allows
those crimes to be included in the
daily crime log, the Colleges’ annual
security report and to be provided
to the Department of Education
for statistical reporting purposes
without disclosing any identifying
information.
For more information about these
options, please visit http://www.
hws.edu/studentlife/pdf/sexual_
misconduct_guide.pdf
Counseling and Wellness Center,
91 St. Clair St., 315-781-3388
Chaplain Maurice Charles, Monday-Friday 8:30-5:00,
Chaplin’s Office, St. John’s Chapel, 315-781-3670 or
charles@hws.edu
Members of the campus community may also report
crimes anonymously to the Office of Campus Safety via
the anonymous crime reporting link on the Campus
Safety webpage.
Bias related incidents may also be reported
anonymously via the Colleges’ bias incident reporting
form accessible on the Colleges’ website at http://www.
hws.edu/about/bias_reporting.aspx.
All members of the Hobart and William Smith
community have the right to report crimes directly to
local law enforcement and members of the Office of
Campus Safety will assist with this process when the
victim of a crime elects to, or is unable physically and/
or mentally to, make such a report. Reports to the
Geneva Police Department can be made by calling
(315) 789-1111. Crimes can also be reported directly
to the Ontario County Sheriff’s Office by dialing 911.
The Colleges will, upon written request, disclose to the
alleged victim of a crime of violence, or a non-forcible
sex offense, the report on the results of any disciplinary
proceeding conducted by such institution against a
student who is the alleged perpetrator of such crime or
offense. If the alleged victim is deceased as the result
of such crime or offense, the next of kin of such victim
shall be treated as the alleged victim for purposes of
this paragraph.
Hobart and William Smith Colleges encourages
professional psychologists assigned to the Colleges’
Counseling and Wellness Center, as well as the
Colleges’ Chaplin, to regularly provide those they
counsel, and who are victims of crime on campus,
written notice of their rights and options through
the “Know Your Options: Sexual Misconduct Guide
to Resources, Responsibilities and Rights” pamphlet,
which outlines both confidential and non-confidential
crime reporting options.
Timely Warnings
Timely warnings will be issued for any reported crime
occurring on or off campus that is considered to
represent a serious or continuing threat to students
or employees. Reported crimes that may fit the timely
warning criteria are immediately reported to the Vice
President for Student Affairs for an evaluation and
decision on issuing a timely warning.
In addition, professional psychologists and the
Chaplain regularly provide those they counsel, and
who are victims of crime on campus, information about
If it is determined that the reported incident
represents a serious or continuing threat to students or
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employees, pertinent information about the incident
will be provided to the Office of Communications.
Campus Safety who controls the access to buildings
after normal operating hours.
The Office of Communications will prepare the
timely warning ensuring that the warning withholds
as confidential the names and other identifying
information of victims, and will disseminate the
warning to the entire campus community through the
Hobart and William Smith email system and other
means of communicating with the campus community
as appropriate.
Residence Halls
The exterior doors of all residential housing are
locked 24 hours a day except during special events;
in some residence halls, public spaces also occupy
residential buildings and access to the residence is
locked via elevator and stairwell. Campus Safety
checks doors frequently to make sure they are secure.
Students who live in a residence are issued a key or
one-card that permits access to that building. At
times, students may have access to another residence
hall to access amenities such as a kitchen or laundry
facilities. Courtesy phones are located at the entrance
to many residence halls so visitors may call their host
for admittance. In the event a student loses their
key or one-card, it should immediately be reported
to Residential Education, or after business hours to
the Office of Campus Safety. Campus Safety has the
ability to deactivate lost
The exterior doors of all
or stolen one-cards and
issue temporary cards after residential housing are
hours. For interior doors,
locked 24 hours a day
locks will be changed
except during special
and the students issued
events
new keys to prevent any
unauthorized access.
Monitoring and Recording of Non-Campus
Criminal Activity
Hobart and William Smith Colleges do not have any
officially recognized student organizations that have
non-campus locations or non-campus residential
facilities. Hobart and William Smith Colleges, Office
of Campus Safety, does not provide campus safety
services to non-campus locations not owned or
controlled by the Colleges. Criminal activity at noncampus locations are monitored by local, county, state
and federal law enforcement agencies. These agencies
provide Hobart and William Smith Colleges with
information of non-campus criminal activity involving
students. The Handbook of Community Standards
is applicable to all students while at non-campus
locations and the Colleges may enforce its policies
through judicial sanctions.
Security Considerations in the
Maintenance of Facilities
Campus Security and Access
Most academic, recreational and administrative
buildings are generally accessible to members of the
campus community, guests, and visitors during normal
business hours, excluding holidays. Certain facilities
may also be open after normal business hours and
during weekends. The public is welcome to attend
cultural and recreational events held on campus or to
use certain facilities. Access is limited to the facilities
in which events are held, or buildings generally open to
the public, such as the Bookstore.
Campus lighting is another important part of the
Hobart and William Smith commitment to safety
and security. Lighting problems or inefficiencies are
immediately reported to Buildings and Grounds
for repair. A comprehensive survey of lighting is
conducted annually by members of Campus Safety
and Buildings and Grounds evaluating parking lots,
walkways and building exteriors. Members of the
student body, faculty and staff are invited to attend
and make suggestions for improvement. Landscaping
on campus is maintained by trimming shrubbery
and trees to enhance the safety through visibility
of walkways, roadways, parking lots and building
exteriors. All members of the campus community
are encouraged to report all door hardware problems
to the Buildings and Grounds or Campus Safety
departments for repair. The maintenance of facilities
also encompasses broken windows for which access
may be gained along with life safety equipment such as
fire detection and suppression systems. The Office of
Campus Safety is available 24 hours a day to respond
and evaluate any facility condition which is reported as
Solicitation in any building is prohibited without the
express consent of the Office of Student Activities or
a senior staff member. This includes small residential
houses located on streets next to the campus.
Report any solicitation violations to the Office of
Campus Safety. Academic, recreational facilities and
administrative buildings are locked and secured after
their normal hours by Campus Safety officers. Access
to these buildings outside of normal hours is by persons
who are issued keys and others with proper permission.
Permission for admittance must be sent in writing to
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Campus Shuttle Service
The shuttle operates a fixed route with fixed
stops, including Wegmans and downtown Geneva
throughout the academic year. Campus Safety
organizes the operation of two shuttles, one of which is
handicap accessible. The shuttles are owned by Finger
Lakes Limousine Service and operate from 7 p.m.
daily until 1 a.m. Sunday through Thursday, 2 a.m. on
Friday and 3 a.m. on Saturday.
unsafe. The Office of Campus Safety works closely with
the Buildings and Grounds Department to resolve any
condition deemed unsafe.
Crime Prevention
The Office of Campus Safety takes a proactive
approach to preventing crimes and providing
crime prevention services. A primary goal of crime
prevention programming is to eliminate or minimize
the opportunity for criminal activities whenever
possible by seeking community involvement and
diligence. Following the institutional mission to
educate, crime prevention programming encourages
students, faculty and staff to be proactive and aware
of their own safety and the safety of others within the
campus community. Crime prevention and the safety
of others is a responsibility shared by all members of
the Hobart and William Smith Colleges community.
Blue Light Emergency Phones
The Colleges have a series of outdoor emergency
telephones that are marked by blue lights. The blue
light phones are located throughout the campus along
commonly used routes. Pushing the button on an
emergency phone connects you to Campus Safety.
Campus Safety immediately dispatches a uniformed
officer to any blue light phone based on a visual
readout of the phone that was activated. Additional
emergency telephones are located at the entrance of
many residence halls.
Safety Services
Safe Ride Program
The safe ride program provides safe transportation
for students who may feel unsafe or uncomfortable
walking after dark. Students are advised to call the
Office of Campus Safety from a safe location and wait
there until picked up by a uniformed campus safety
officer. Campus Safety does not normally provide this
service during the hours that the campus shuttle is
operating unless there are extenuating circumstances.
Campus Safety considers this to be an important
service and will respond to all requests as quickly
as possible while also meeting our responsibility to
respond to emergency calls as a priority.
Campus Safety publishes Paths of Light
The Paths of Light brochure provides a map of safe
routes of travel along with the location of the blue light
emergency phones. The brochure is available at the
Office of Campus Safety or as a link from the Campus
Safety web page. Blue light phones are checked for
proper operation once each day by Campus Safety
officers. Any damage or malfunction is reported to
telecommunications for prompt repair or replacement.
Security of Buildings
The Office of Campus Safety patrols campus on a
continuous basis daily, 24 hours a day, seven days a
week, 365 days a year. The officers ensure buildings are
locked and unlocked according to predetermined times.
Residential living quarters are secured 24 hours a day
and are checked several times daily by officers.
Escorts and Medical Transports
Students that require special needs assistance to get
around campus due to a medical condition may receive
an escort by a member of the Office of Campus Safety.
Walking Tips
• Walk in pairs (three is better); do not walk alone.
Prevention Programs
• Walk in well-lit areas
First-Year Student Orientation
This presentation is provided annually to all incoming
first-year students by Campus Safety personnel.
Techniques to provide a safe and secure residence hall
by students in conjunction with the Office of Campus
Safety are discussed. Students are also made aware of
safety and security programs that prevent crime such
as blue light phones and their operation; safe rides and
what to do when you feel unsafe; and the reporting of
criminal activity or suspicious activity to the Office of
Campus Safety. Students are also trained about the
• Plan your route. Remember the location of safe
areas and emergency phones.
• Use designated walkways.
• Tell someone of your destination and expected
time of return.
• Do not carry large amounts of cash.
• Do not stop for strangers.
• Do not hitchhike.
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potential of a serious emergency on campus and what
they can expect from a Timely Warning or Emergency
Notification.
training reviews NY State laws regarding alcohol
and drugs. The Hobart and William Smith Colleges
Handbook on Community Standards is reviewed and
topics of discussion focus on the prohibition against
serving alcohol to underage students, possession and
use of a fake identification, dram shop liabilities, and
possible consequences for violations.
RA Training
This training is provided annually to student Resident
Assistants (RAs) by the Office of Campus Safety. The
RAs are trained by Campus Safety personnel on how
to protect themselves when handling an incident
and procedures for notifying the Office of Campus
Safety. This training also educates RAs about handling
incidents that they can manage, as well as explaining
what is expected of RAs during incidents being handled
by Campus Safety. Among the topics discussed are
incident management in conjunction with Campus
Safety for several types of crimes, and crime prevention
techniques to protect the resident students within their
residence halls.
Behind Closed Doors
This crime prevention training is provided annually to
student RAs collaboratively by Residential Education.
This training is designed to prepare student RAs to
respond to a variety of policy violations they may
encounter. Behind Closed Doors allows RAs to roleplaying the handling of various situations and involves
potential outcomes that depend on each encounter.
RAs are trained to properly involve other departments
to successfully resolve the potential encounters and
policy violations.
Returning Student Sunday Night Floor Meeting
Programs
The “Sunday Night Floor Meeting Programs” are
provided annually to all returning students by the Office
of Campus Safety. This training discusses the techniques
to provide and maintain a safe and secure residence
hall by students in collaboration with the Office of
Campus Safety. Personal safety tips and self-awareness
techniques are provided in conjunction with Campus
Safety programs of safe rides, shuttle service, and blue
light phones. The dangers of drugs and alcohol, and
how to protect yourself from those dangers, are also
discussed during this training.
In addition, Campus Safety personnel are available
through the Community Resource Officer Program to
provide safety and crime prevention programming on
request to student groups, faculty, staff and visitors by
calling the Office of Campus Safety at (315) 781-3000.
The Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act, as
Amended by the Violence Against Women
Reauthorization Act of 2013
Hobart and William Smith Colleges (the Colleges)
do not discriminate on the basis of sex in their
educational programs. Sexual harassment and
sexual violence are types of sex discrimination, and
dating violence, domestic violence, and stalking are
forms of sex-based discrimination. The Colleges
prohibit the offenses of domestic violence, dating
violence, sexual assault, and stalking and reaffirm
their commitment to maintaining a campus
environment emphasizing the dignity and worth
of all members of the Colleges’ community. This
statement of policy is intended to inform the
community of our comprehensive plan related to
sexual misconduct, including educational programs
and procedures that address sexual assault, domestic
violence, dating violence, and stalking reported to
the Colleges or of which the Colleges become aware,
whether the incident occurs on or off campus.
Students in Distress Training
This training program is presented by the Center for
Counseling and Student Wellness and provides
faculty, staff, and student leaders with skills to respond
effectively to students in distress and to make
appropriate referrals. It is provided three times for
students and twice for faculty and staff each semester.
Through frank dialogue, this training aims to prepare
members of the campus community for the challenging
and anxiety-provoking situations of encountering
students in crisis. Warning signs and threats of suicide
are discussed to properly involve those who are best
able to respond and provide immediate help to the
student in distress.
Social Host Training
This crime prevention training is provided to students
semiannually by the Ontario County Sheriff’s Office,
the Office of Campus Safety, and the Office of Student
Activities collaboratively. This crime prevention
For a complete copy of Hobart and William Smith
Colleges’ policy governing sexual misconduct, visit
http://www.hws.edu/studentlife/ismp.aspx.
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Education and Prevention Programs
In addition, first-year and transfer William Smith
students were required to attend a workshop on
acquaintance rape and education on minimizing the
chance of non-consensual sexual contact.
The Colleges engage in comprehensive, intentional,
and integrated programming, initiatives, strategies, and
campaigns intended to end dating violence, domestic
violence, sexual assault and stalking that:
• are culturally relevant, inclusive of diverse
communities and identities, sustainable,
responsive to community needs, informed by
research, and assessed for value, effectiveness,
or outcome; and consider environmental
risk and protective factors as they occur on
the individual, relationship, institutional,
community, and societal levels.
Similarly, all first-year and transfer Hobart students
were required to attend Rape Prevention Education
Workshops. Critical components of the workshop
included information on the scope of the problem of
sexual assault; the consent model in sexual relations;
the role of alcohol; the continuum of risk; bystander
behavior; and campus policy pertaining to sexual
harassment and sexual assault.
2014 Students – Primary Prevention and Awareness
The Colleges offered the following primary prevention
and awareness programs during orientation for new
students and transfer students in Fall 2014:
Educational programming consists of primary
prevention and awareness programs for all incoming
students and new employees and ongoing awareness and
prevention campaigns for students and employees that:
• identify domestic violence, dating violence,
sexual assault, and stalking as prohibited
conduct;
• educate about state law definitions of domestic
violence, dating violence, sexual assault,
stalking, and consent;
• educate about the definitions of domestic
violence, dating violence, sexual assault,
stalking, and consent established in the
Colleges’ policies and applied in the Colleges’
on-campus disciplinary process;
• provide descriptions of safe and positive
options for bystander intervention;
• provide information on risk reduction; and
• provide an overview of information contained
in the Annual Security Report in compliance
with the Clery Act.
Orientation
Several elements of orientation were tailored to
address sexual violence. In close collaboration with
the Center for Counseling and Student Wellness, and
in partnership with select faculty and staff, the Title IX
Office trained interested faculty and staff members to
facilitate dialogue groups on sexual assault with all first
year students at orientation (8/21/14). The dialogues
took place with first year students following their
viewing of a performance about sexual assault by the
on-campus social justice group MOSAIC (8/30/14).
Students then split up into groups of about 15, and
were joined by one of the trained faculty and staff
members who then helped students to explore their
thoughts on the performance. Each group discussed
issues of consent, how to be a proactive bystander,
and available campus resources. It was emphasized
that these conversations were just the beginning of a
larger campus-wide discussion about sexual violence,
and that students, faculty, and staff would continue to
dialogue about the issues involved in sexual violence
throughout the students’ college experience.
2013 Students — Primary Prevention and Awareness
The Colleges offered the following primary prevention
and awareness programs during Orientation for new
students and transfer students in Fall 2013:
•
a mandatory 90-minute presentation by
InterACT to educate students on sexual
assault, consent, and bystander intervention.
“InterACT is a nationally renowned social
justice performance troupe based out of
California State University, Long Beach.
Since its birth in 2000, the troupe has reached
thousands of audience members through its
‘proactive’ shows. The performances allow
audience members a safe space to rehearse
assertive communication strategies and inspire
social and political change.”
Easy access to information about resources and
support in August 2014
The Colleges provided every campus residence hall
room with a poster titled “Sexual Violence Emergency
Support Guide,” which was also displayed in common
spaces of academic and residential buildings.
Confidential and non-confidential resources and
supports available to students were also printed on
bookmarks and magnets and distributed on and off
campus. In addition, the Title IX Office ensured that
all students (as well as faculty and staff) were given a
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copy of the brochure “Title IX Know Your Options:
Sexual Misconduct Policy Guide to Resources” and a
copy of the Policy. The brochure includes a campus
map showing the location of all confidential and nonconfidential resources.
Student Athlete Awareness in August 2014
Beginning in August 2014, President Gearan and
one member of the Title IX Office met with every
athletic team during the team’s first meeting to share
information regarding the Title IX Office and supports
and resources on campus. The discussions centered
around educating student-athletes about the Interim
Sexual Misconduct Policy and available resources/
supports, and encouraging student-athletes to partner
with the Colleges in preventing sexual violence on
campus. Many student-athletes also participated in
the Bringing in the Bystander Training described below.
Bringing in the Bystander Training
In 2014, the Colleges’ Title IX Office introduced
the University of New Hampshire’s “Bringing in the
Bystander” training program to campus. The “Bringing
in the Bystander training” is a bystander intervention
model which empowers students to stand up and
speak out against sexual violence. UNH’s program
was selected due to robust research indicating that the
training created long-lasting positive behavioral and
attitudinal changes in students. The following link
provides more information about UNH’s program and
the research behind the program’s success: http://cola.
unh.edu/prevention-innovations/bystander-prevention.
UNH’s program trainers were brought to HWS campus
to train select faculty and staff members as campus
facilitators to deliver the training (8/20/14). The
Colleges’ top priority was to offer the training to all
first year students within the first six weeks of school,
both in order to deliver this information during the
critical “Red Zone” of student risk, and also in order
to remain compliant with Title IX regulations. The
Bystander Training was offered to all first year students,
with a 96% completion rate among students in that
year.
In addition, the Bringing in the Bystander training
emphasizes leveraging the social capital of student
leaders across campus, and consequently the Colleges
sought ways to deliver the training to student leaders.
Hobart Athletics trained first year students and select
members of the coaching staff, along with some upperclass students in leadership positions. William Smith
Athletics trained their entire field hockey, ice hockey
and sailing teams, and also first year students and team
leaders from the rowing, basketball, lacrosse, soccer,
swimming, tennis, golf, cross-country country, and
squash teams. Five fraternities were trained, and five
make-up sessions for first year students were held. In
addition, students working in the Office of Student
Life were provided the training, as were students
enrolled in interested academic classes. Training was
provided in 2014 on the following dates: 9/17, 9/22,
9/23, 9/24, 9/25, 9/26, 9/28, 9/29, 9/30, 10/1, 10/2,
10/3, 10/6, 10/7, 10/9, 10/10, 10/23, and 10/28.
November 12, 2014 PRIDE Executive Team and
Advisor Meeting
The Title IX Coordinator met with the PRIDE group
to discuss the Interim Sexual Misconduct Policy,
education and outreach from the perspective of
LGBTQ students.
2013 Students — Ongoing Awareness and Prevention
The Colleges offered the following ongoing awareness
and prevention programs for students in 2013:
The Hobart Athletic Department:
• welcomed Don McPherson, a self-described
feminist and social activist who has founded
several outreach and mentoring programs
and regularly speaks at college campuses as
a critic of gender roles. Mr. McPherson’s
training discussed the connection between
the standard constructions of masculinity and
femininity and “gendered violence,” such as
domestic violence, stalking, and rape in order
to enlighten students about the importance of
integrating concepts of gender equity in their
daily lives and interactions with others.
• offered its student-athletes trainings by Mike
Green about the effects of drug and alcohol
consumption. Mr. Green offered information
about the mental and physical damage
substance abuse can cause. Training topics
included personal accountability, making
responsible decisions, and the connection
between alcohol and substance abuse and
sexual violence.
OUTstanding Campaign (March 27, 2013):
Spearheaded by students, this campaign involved
community discussion and education to raise
awareness and create a safer environment for
campus dialogue about LGBT issues. Students,
faculty, and staff attended the panel.
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What We Aren’t Talking About: Broadening the
LGBT Dialogue (April 11, 2013): The Colleges
sponsored a talk by alumnus Caleb Campbell
followed by a discussion intended to raise LGBT
awareness and acceptance. This presentation was
open to all students.
Sexual Violence Active Listening Skills Community
and Campus Resources (April 11 and 18, 2013):
an information session on sexual violence active
listening skills, community and campus resources,
and their implementation. Two 2-hour sessions
were offered by Dr. Maria Saavedra-Finger (Sexual
Assault Response Psychologist) to the entire
campus community.
Domestic Violence Awareness Week: These
Hands Don’t Hurt (October 29 and 30, 2013):
an event for all students to promote domestic
violence awareness. During this event, students
placed their painted hands on a poster to show
their support for ending domestic violence. The
Colleges provided information about on- and offcampus domestic violence support services at an
information table.
Domestic Violence Awareness Week: Flags and
Statistics (October 29 - November 1, 2013): an
event to promote domestic violence awareness
open to all students, faculty, staff, and campus
visitors. During this event, 480 flags were posted
in front of the Colleges’ Student Center (Scandling
Center) to represent each woman who would be
sexually assaulted within a 24-hour timeframe in
the United States. Additionally, statistics and
support services were posted along sidewalks
leading to Scandling Center.
Domestic Violence Awareness Week: Forum on
Rape and Sexual Assault (October 30, 2013): a
panel discussion led by the Title IX Coordinator,
Assistant Vice President for Student Affairs,
Associate Dean of Students, licensed psychologist
on staff at Center for Counseling and Student
Wellness, and a Safe Harbors (local rape crisis and
domestic violence support center) staff member
to address student and faculty questions about
and provide general education on the sexual
misconduct policy, reporting options, and services.
Domestic Violence Awareness Week: Enough is
Enough (October 30, 2013): The Women’s
Collective invited all students to a film screening
of the movie “Enough” followed by a discussion
with a faculty member about violence in the
media.
Community Forum: Sexism and Domestic Violence
(October 31, 2013): a discussion for all students
regarding the coordinate college system’s ability
to foster a campus culture permissive of sexism
and domestic violence and how to be an agent
of change with respect to that potential. The
discussion also addressed the reporting and
procedures for sexual misconduct reports.
Medbery Dialogues (October 24 and 25, 2013): a
series of conversations about equity between
genders and sexist, misogynistic, homophobic, and
transphobic comments. This series was open to
all faculty, students, and staff; however, students
living in the Medbery Residence Hall, which
is an all-male residence hall, were required to
attend due to instances of homophobic speech by
Medbery residents.
Education for students includes information on
how to be an active bystander. Despite their clear
understanding that victim/survivors are not responsible
for being sexually assaulted or harassed, the Colleges’
education programs also provide information on
strategies for risk reduction.
2014 Students – Ongoing Awareness and Prevention
The Colleges offered the following ongoing awareness
and prevention programs for students in 2014:
Easy access to information about resources and
support in August 2014
The Colleges provided every campus residence
hall room with a poster titled “Sexual Violence
Emergency Support Guide,” which was also hung in
common spaces of academic and residential buildings.
Confidential and non-confidential resources and
supports available to students were also printed on
bookmarks and magnets and distributed on and off
campus. In addition, the Title IX Office ensured that
all students (as well as faculty and staff) were given a
copy of the brochure “Title IX Know Your Options:
Sexual Misconduct Policy Guide to Resources” and a
copy of the Policy. The brochure includes a campus
map showing the location of all confidential and nonconfidential resources.
Bringing in the Bystander Training
As listed above under 2014 primary prevention and
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awareness programs bringing in the bystander training
also served as ongoing prevention and awareness
training for some students, faculty and staff.
Quilt Project November 20, 2014: The Title IX
Office helped to promote and provide consultation
around this event, which was organized by the
members of the student organization HEAR. Faculty,
staff, and students designed t-shirts speaking out
against violence, which were then sewn into a quilt for
display at the Scandling Center.
Dine with IX (approx. 1/month): The Title IX
Office provided bi-monthly opportunities for students
to meet with anyone in the Title IX Office over lunch
in the faculty dining spaces to discuss their general
ideas, concerns, and suggestions for how to promote
equity on campus. These meetings were also available
upon request for any interested student, and the
opportunity to schedule such a meeting was regularly
published in Nine from IX.
October 6, 2014 Take Back the Night Domestic
Violence March and Candle Light Vigil:
This event was attended by students, faculty
and staff and brought awareness to the campus
community about sexual assault, dating and
domestic violence.
November 20, 2014 Sexual Minority Movement
Class: The Title IX Coordinator attended this class
and educated students on Title IX issues.
December 9, 2014 President’s Forum Speaker
Susan Brisson, Chair of the Philosophy Department of
Dartmouth College, and an expert on sexual violence
and author of Aftermath: Violence and the Remaking
of a Self, spoke to students, faculty and staff regarding
issues of sexual violence.
2013 Employees — Primary Prevention and
Awareness
In 2013, all RAs were required to participate in an
online training prior to the start of the academic year,
a fall training, a spring training, and monthly in-service
training sessions. In-service sessions conducted in
Fall 2013 and pertaining to Title IX and sexual assault
education included:
•
Online training regarding sexual assault and
harassment required to be completed prior to
arrival of RAs on campus.
•
•
Updating RAs about the Colleges’ policy
deeming them mandated reporters and an
overview of their role in the process.
Presentation by Safe Harbors (the local rape
crisis and domestic violence support center)
discussing sexual assault, the nature of a rape
kit, and Colleges’ policy and procedures.
In 2013, all new staff and faculty were required to
attend a new employee orientation with Human
Resources. During orientation, employees received
the Employee Handbook and faculty members
also received a Faculty Handbook. The Employee
Handbook attaches the Colleges’ Harassment and
Non-Discrimination Policy and the Sexual Misconduct
Policy. These policies apply to both students and
employees.
2014 Employees – Primary Prevention and
Awareness
Faculty and Staff Training: Supports and Resources
Available to Students and the Responsible Employee
Obligation (August, September, October, November
and December 2014)
The Title IX Office offered training across campus—to
RAs, Orientation Mentors, Hobart coaches, William
Smith coaches, staff members across campus, new
faculty members, and other members of the faculty—
in: (1) how to support someone who has experienced
a sexual assault, (2) available confidential and nonconfidential resources on and off campus, and (3) the
obligation to notify the Title IX Coordinator of any
reports of sexual misconduct and race, color, national
origin, sex or disability discrimination. The training
sessions also included recommendations for explaining
the notice obligation to students and were grounded
in showing our students compassion and helping them
connect to on- and off-campus supports and resources.
At the September 8th and November 3, 2014 faculty
meetings, the Provost and Dean of Faculty held a
session for faculty to give them information, resources,
and tools to speak with students and connect them to
appropriate resources on and off campus. The Provost
and Dean of Faculty also held a special session on Title
IX and sexual misconduct for those faculty members
teaching first-year seminars, including how to respond
to students in crisis and information on supports and
resources available to students.
August 21, 2014 Title IX training for Hubbs Health
Center Staff
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Members of the Hubbs Health Center received
training about the Colleges’ sexual misconduct
policy.
November 20 and 24, 2014 Responsible Employee
Title IX training
Training related to responsible employee’s
obligations under Title IX and the colleges sexual
misconduct policy were provided on two dates.
2013 Employees — Ongoing Awareness
The Colleges provided staff (including Area
Coordinators, Associate Director of Student Activities,
Associate Directors of Residential Education, Assistant
Director of Residential Education, Assistant Director
of Student Activities, Health Promotions Coordinator,
Campus Safety staff, and Student EMS staff) with
a number of information sessions and meetings
addressing Colleges’ policy and procedures related
to sexual assault/misconduct, Title IX, student’s
rights, reporting options, process and procedure,
“victimology,” basic counseling/active listening skills,
and case studies.
The Colleges also provided sessions to Athletics
Department staff including discussion of students’
rights, reporting options, and process and procedures
for how to help and support students as a coach.
Athletics Department staff members were given
resource brochures and important phone numbers.
In addition, the Vice President for Student Affairs
attended faculty meetings to educate faculty about
the Colleges policies’ and procedures addressing how
faculty can assist and support students in reporting or
who have reported sexual misconduct.
The following information sessions were open to the
entire campus, including employees:
OUTstanding Campaign (March 27, 2013):
Spearheaded by students, this campaign involved
community discussion and education to raise
awareness and create a safer environment for
campus dialogue about LGBT issues. Students,
faculty, and staff attended the panel.
What We Aren’t Talking About: Broadening the
LGBT Dialogue (April 11, 2013): The Colleges
sponsored a talk by alumnus Caleb Campbell ’11
followed by a discussion intended to raise LGBT
awareness and acceptance. This presentation was
open to all students.
Sexual Violence Active Listening Skills Community
and Campus Resources (April 11 and 18, 2013):
an information session on sexual violence active
listening skills, community and campus resources,
and their implementation. Two 2-hour sessions
were offered by Dr. Maria Saavedra-Finger (Sexual
Assault Response Psychologist) to the entire
campus community.
Domestic Violence Awareness Week: These Hands
Don’t Hurt (October 29 and 30, 2013): an event
for all students to promote domestic violence
awareness. During this event, students placed their
painted hands on a poster to show their support for
ending domestic violence. The Colleges provided
information about on- and off-campus domestic
violence support services at an information table.
Domestic Violence Awareness Week: Flags and
Statistics (October 29 - November 1, 2013): an
event to promote domestic violence awareness
open to all students, faculty, staff, and campus
visitors. During this event, 480 flags were posted in
front of the Colleges’ Student Center (Scandling
Center) to represent each woman who would be
sexually assaulted within a 24-hour timeframe
in the United States. Additionally, statistics and
support services were posted along sidewalks
leading to Scandling Center.
Domestic Violence Awareness Week: Forum on
Rape and Sexual Assault (October 30, 2013): a
panel discussion led by the Title IX Coordinator,
Assistant Vice President for Student Affairs,
Associate Dean of Students, licensed psychologist
on staff at Center for Counseling and Student
Wellness, and a Safe Harbors (local rape crisis and
domestic violence support center) staff member
to address student and faculty questions about
and provide general education on the sexual
misconduct policy, reporting options, and services.
Domestic Violence Awareness Week: Enough
is Enough (October 30, 2013): The Women’s
Collective invited all students to a film screening
of the movie “Enough” followed by a discussion
with a faculty member about violence in the
media.
Community Forum: Sexism and Domestic Violence
(October 31, 2013): a discussion for all students
regarding the coordinate college system’s ability
to foster a campus culture permissive of sexism
-13-
and domestic violence and how to be an agent
of change with respect to that potential. The
discussion also addressed the reporting and
procedures for sexual misconduct reports.
Medbery Dialogues (October 24 and 25, 2013): a
series of conversations about equity between
genders and sexist, misogynistic, homophobic, and
transphobic comments. This series was open to
all faculty, students, and staff; however, students
living in the Medbery Residence Hall, which
is an all-male residence hall, were required to
attend due to instances of homophobic speech by
Medbery residents.
The Colleges’ training and awareness programs
educate community members about state law
definitions of domestic violence, dating violence,
sexual assault, stalking, and consent. The definitions
of all such offenses established in the Colleges’ policies
and applied in the Colleges’ on-campus disciplinary
process are different from the below definitions and
can be found at: http://www.hws.edu/studentlife/pdf/
sexual_misconduct_policy.pdf.
2014 Employees – Ongoing Awareness
Sexual Violence Resources and Responsible
Employee Obligation
Resident Assistants, Orientation Mentors (Oms),
and faculty members received training in how to
support someone who has experienced a sexual
assault, available resources on and off campus, and
the responsible employee obligation to report sexual
violence to the Title IX Coordinator. Training
also discussed recommendations for explaining the
responsible employee obligation to students. Training
for OMs took place during orientation (8/25/14,
8/26/14), and training for RAs took place at the start
of each semester (8/25/14, 8/28/14).
At the September 8th and November 3, 2014 faculty
meetings, the Provost and Dean of Faculty held a
session to give faculty information, resources, and
tools to speak with students and connect them to
appropriate resources on and off campus. The Provost
and Dean of Faculty also held a special session on Title
IX and sexual misconduct for those faculty members
teaching first-year seminars, including how to respond
to students in crisis and information on supports and
resources available to students.
The following information sessions were open to the
entire campus, including employees:
Nine from IX (weekly). At the start of the year, the
Title IX Office initially created a printed community
newsletter for the purpose of delivering updates on the
work of the Title IX Office, notifying the community
about upcoming events, and highlighting the work
of community members on issues around sexual
assault prevention. In response to feedback from the
community, and the Title IX Office’s desire to reach
a larger audience, the Title IX office transitioned
to an electronic newsletter called “Nine from IX”.
Nine from IX was emailed weekly to staff, faculty,
and students, and included nine bullet points on
relevant topics. This format allowed the Title IX
Office to deliver to the community regular updates on
its progress, with the aim of increasing transparency
around the Title IX Office’s work. The Title IX Office
also leveraged Nine from IX to help cross-promote
events from community organizations doing related
events and recognize individual community members’
successes in sexual assault prevention, allowing
the Title IX Office to build positive community
relationships.
Title IX Open Houses and Community
Conversations (approx. 4x/year). During the first few
months following the creation of the Title IX Office,
it promoted “Open House” opportunities for campus
community members to visit the Title IX Offices. On
these occasions, the full Title IX staff was available to
answer questions, provide information about its work
and campus policies, and to hear suggestions from
community members. Similarly, during the first few
months of the year, the Title IX Office offered three
separate “Community Conversation” opportunities.
These events were intended to be “town hall” format,
allowing for the Title IX Office to present updates to
the community on its efforts, and for the community
to present questions, concerns, and comments to the
Title IX Office staff.
Definitions:
Hobart and William Smith Colleges strictly
prohibit the crimes of dating violence, domestic
violence, sexual assault and stalking. Below the
Colleges’ set forth the definitions of those crimes as
defined in the applicable federal regulations, state
law and the Colleges’ policy.
Sexual Assault
New York State does not specifically define
sexual assault. However, according to the Federal
Regulations, sexual assault includes offenses that meet
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the definitions of rape, fondling, incest, or statutory
rape as used in the FBI’s UCR program.
Colleges’ Definition of Sexual Assault:
Having or attempting to have sexual intercourse or
sexual contact with another individual:
by force or threat of force;
without effective consent; or
where that individual is incapacitated.
Sexual intercourse includes vaginal or anal penetration,
however slight, with a body part (e.g., penis, tongue,
finger, hand) or object, or oral penetration involving
mouth to genital contact or with an object used in a
sexual manner.
Sexual contact includes intentional contact with the
intimate parts of another, causing another to come
into contact with one’s intimate parts or disrobing
or exposure of another without permission. Intimate
parts may include the breasts, genitals, buttocks, groin,
mouth or any other part of the body that is touched in
a sexual manner.
Domestic Violence:
1) Felony or misdemeanor crimes of violence
committed—
(i) By a current or former spouse or intimate
partner of the victim;
(ii) By a person with whom the victim shares a
child in common;
(iii) By a person who is cohabitating with or has
cohabitated with the victim as a spouse or intimate
partner;
(iv) By a person similarly situated to a spouse of the
victim under the domestic or family violence laws
of the jurisdiction in which the crime of violence
occurred; or
(v) 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
the jurisdiction in which the crime of violence
occurred.
2) For the purposes of complying with the
requirements of this section and section 668.41, any
incident meeting this definition is considered a crime
for the purposes of Clery Act reporting.
New York State definitions:
Domestic Violence
An act which would constitute a violation of the penal
law, including, but not limited to acts constituting
disorderly conduct, harassment, aggravated
harassment, sexual misconduct, forcible touching,
sexual abuse, stalking, criminal mischief, menacing,
reckless endangerment, kidnapping, assault, attempted
murder, criminal obstruction or breaching or blood
circulation, or strangulation; and such acts have
created a substantial risk of physical or emotional harm
to a person or a person’s child. Such acts are alleged to
have been committed by a family member. The victim
can be anyone over the age of sixteen, any married
person or any parent accompanied by his or her minor
child or children in situations in which such person or
such person’s child is a victim of the act.
FAMILY OR HOUSEHOLD MEMBER: Persons
related by consanguinity or affinity; persons legally
married to one another; persons formerly married to
one another regardless of whether they still reside in the
same household; persons who have a child in common
regardless of whether such persons are married or have
lived together at any time; unrelated persons who are
continually or at regular intervals living in the same
household or who have in the past continually or at
regular intervals lived in the same household; persons
who are not related by consanguinity or affinity and who
are or have been in an intimate relationship regardless
of whether such persons have lived together at any time.
Factors that may be considered in determining whether
a relationship is an “intimate relationship” include, but
are not limited to: the nature or type of relationship
regardless of whether the relationship is sexual in
nature; the frequency of interaction between the
persons; and the duration of the relationship. Neither a
casual acquaintance nor ordinary fraternization between
two individuals in business or social contexts shall be
deemed to constitute an “intimate relationship.” Any
other category of individuals deemed to be a victim of
domestic violence as defined by the office of children
and family services in regulation. Intimate relationship
status shall be applied to teens, lesbian/gay/bisexual/
transgender, and elderly individuals, current and
formerly married and/or dating heterosexual individuals
who were, or are in an intimate relationship.
PARENT: means natural or adoptive parent or any
individual lawfully charged with a minor child’s care or
custody.
Dating Violence:
Violence committed by a person
1) who is or has been in a social relationship of a
romantic or intimate nature with the victim and
2) the existence of such a relationship shall be
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based on the reporting party’s statement and with
consideration of the length of the relationship, the
type of relationship, and the frequency of interaction
between the persons involved in the relationship.
For the purposes of this definition
(i) Dating Violence includes, but is not limited
to, sexual or physical abuse or the threat of such
abuse.
(ii) Dating violence does not include acts covered
under the definition of domestic violence.
For the purposes of complying with the requirements of
this section and section 668.41, any incident meeting
this definition is considered a crime for the purposes of
Clery Act reporting.
New York State Definitions:
Dating Violence
New York State does not specifically define “dating
violence.” However, under New York Law, intimate
relationships are covered by the definition of domestic
violence when the act constitutes a crime listed
elsewhere in this document and is committed by a
person in an “intimate relationship” with the victim.
See “Family or Household Member” for definition of
“intimate relationship.”
Colleges’ Definitions:
Intimate partner violence is also referred to as dating
violence, domestic violence or relationship violence.
Intimate partner violence includes any act of violence
or threatened act of violence against a person who
is, or has been involved in, a social relationship of
a sexual, dating, domestic, or other intimate nature
with the Respondent. Intimate partner violence can
encompass a broad range of behavior including, but
not limited to, physical violence, sexual violence,
emotional violence, and economic abuse. It may
involve one act or an ongoing pattern of behavior.
Intimate partner violence may take the form of
threats, assault, property damage, violence, or threat of
violence to one’s self, one’s sexual or romantic partner
or to the family members or friends of the sexual or
romantic partner. Intimate partner violence affects
individuals of all genders, gender identities, gender
expressions, and sexual orientation and does not
discriminate by racial, social, or economic background.
The existence of the relationship shall be determined
based on a victim’s statement with consideration of the
length of the relationship, the type of relationship, and
the frequency of the relationship.
Domestic violence is violent crime committed by a
current or former spouse or intimate partner; a person
sharing a child with the victim; and/or a person
cohabitating with or who has cohabitated with the
victim as a spouse or intimate partner.
The Colleges will not tolerate intimate partner
violence of any form. For the purposes of this Policy,
the Colleges do not define intimate partner violence
as a distinct form of misconduct. Rather, the Colleges
recognize that sexual harassment, sexual assault, sexual
exploitation, harm to others, stalking, and retaliation
all may be forms of intimate partner violence when
committed by a person who is or has been involved
in a sexual, dating or other social relationship of a
romantic or intimate nature with the Complainant.
Under Clery and the Campus SaVE Act, the Colleges
will record and report all relevant incidents of intimate
partner violence.
Stalking:
1) Engaging in a course of conduct directed at a
specific person that would cause a reasonable person
to—
(i) fear for the person’s safety or the safety of
others; or
(ii) Suffer substantial emotional distress.
2) For the purposes of this definition—
(i) Course of conduct means two or more acts,
including, but not limited to, acts which the
stalker directly, indirectly, or through third
parties, by any action, method, device, or means
follows, monitors, observes, surveils, threatens, or
communicates to or about, a person, or interferes
with a person’s property.
(ii) Substantial emotional distress means
significant mental suffering or anguish that may,
but does not necessarily, require medical or other
professional treatment or counseling.
(iii) Reasonable persons means a reasonable
person under similar circumstances and with
similar identities to the victim.
3) For the purposes of complying with the
requirements of this section and section 668.41, any
incident meeting this definition is considered a crime
for the purposes of Clery Act reporting.
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New York State Definitions:
Stalking
STALKING IN THE FOURTH DEGREE: When a
person intentionally, and for no legitimate purpose,
engages in a course of conduct directed at a specific
person, and knows or reasonably should know that
such conduct (1) is likely to cause reasonable fear of
material harm to the physical health, safety or property
of such person, a member of such person’s immediate
family or a third party with whom such person is
acquainted; or (2) causes material harm to the mental
or emotional health of such person, where such
conduct consists of following, telephoning or initiating
communication or contact with such person, a member
of such person’s immediate family or a third party with
whom such person is acquainted, and the actor was
previously clearly informed to cease that conduct;
or (3) is likely to cause such person to reasonably
fear that his or her employment, business or career is
threatened, where such conduct consists of appearing,
telephoning or initiating communication or contact
at such person’s place of employment or business, and
the actor was previously clearly informed to cease that
conduct. (Effective October 21, 2014: For purposes
of subdivision two (2), “following” includes the
unauthorized tracking of such person’s movements or
location through the use of global positions system or
other device.)
STALKING IN THE THIRD DEGREE: When
a person (1) commits the crime of stalking in the
fourth degree against any person in three or more
separate transactions, for which the actor has not been
previously convicted; or (2) commits the crime of
stalking in the fourth degree against any person, and
has previously been convicted, within the preceding
ten years of a specified predicate crime and the victim
of such specified predicate crime is the victim, or an
immediate family member of the victim, of the present
offense; or (3) with an intent to harass, annoy or alarm
a specific person, intentionally engages in a course of
conduct directed at such person which is likely to cause
such person to reasonably fear physical injury or serious
physical injury, the commission of a sex offense against,
or the kidnapping, unlawful imprisonment or death of
such person or a member of such person’s immediate
family; or (4) commits the crime or stalking in the
fourth degree and has previously been convicted within
the preceding ten years of stalking in the fourth degree.
STALKING IN THE SECOND DEGREE: When a
person: (1) commits the crime of stalking in the third
degree and in the course of and furtherance of the
commission of such offense: (a) displays, or possesses
and threatens the use of, a firearm, pistol, revolver, rifle,
sword, billy, blackjack, bludgeon, plastic knuckles, metal
knuckles, chuka stick, sand bag, sandclub, slingshot,
slungshot, shirken, “Kung Fu Star,” dagger, dangerous
knife, dirk, razor, stiletto, imitation pistol, dangerous
instrument, deadly instrument or deadly weapons; or
(b) displays what appears to be a pistol, revolver, rifle,
shotgun, machine gun or other firearm; or (2) commits
the crime of stalking in the third against any person,
and has previously been convicted, within the preceding
five years, of a specified predicate crime, and the victim
of such specified predicate crime is the victim, or an
immediate family member of the victim, of the present
offense; or (3) commits the crime of stalking in the
fourth degree and has previously been convicted of
stalking in the third degree; or (4) being 21 years of age
or older, repeatedly follows a person under the age of 14
or engages in a course of conduct or repeatedly commits
acts over a period of time intentionally placing or
attempting to place such person who is under the age of
14 in reasonable fear of physical injury, serious physical
injury or death; or (5) commits the crime of stalking in
the third degree, against ten or more persons, in ten or
more separate transactions, for which the actor has not
been previously convicted.
STALKING IN THE FIRST DEGREE: When a person
commits the crime of stalking in the third degree or
stalking in the second degree and, in the course and
furtherance thereof, he or she intentionally or recklessly
causes physical injury to the victim of such crime.
Colleges’ Definition of Stalking:
Stalking occurs when a person engages in a course of
conduct or repeatedly commits acts toward another
person, including following the person without proper
authority, under circumstances that would cause a
reasonable person to fear for his or her safety or the
safety of others or suffer substantial emotional distress.
Course of conduct means two or more acts,
including but not limited to, acts in which
the stalker directly, indirectly or through third
parties, by any action, method, device or means,
follows, monitors, observes, surveils, threatens or
communicates to or about a person, or interferes
with a person’s property.
Substantial emotional distress means significant
mental suffering or anguish that may, but does not
necessarily, require medical or other professional
treatment or counseling.
Reasonable person means a reasonable person under
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similar circumstances and with similarities to the
victim.
Stalking includes the concept of cyber-stalking,
a particular form of stalking in which electronic
media such as the Internet, social networks, blogs,
cell phones, texts or other similar devices or forms
of contact are used to pursue, harass or to make
unwelcome contact with another person in an
unsolicited fashion.
Examples of stalking include:
•
•
•
•
•
•
•
•
unwelcome and repeated visual or physical
proximity to a person;
repeated oral or written threats;
extortion of money or valuables;
unwelcome/unsolicited written
communication, including letters, cards,
emails, instant messages, and messages on
online bulletin boards;
unwelcome/unsolicited communications about
a person, their family, friends, or co-workers;
or
sending/posting unwelcome/unsolicited
messages with an assumed identity; or
implicitly threatening physical contact; or
any combination of these behaviors directed
toward an individual person.
Consent
CONSENT: Lack of consent results from: forcible
compulsion; or incapacity to consent; or where the
offense charged is sexual abuse or forcible touching,
any circumstances, in addition to forcible compulsion
or incapacity to consent, in which the victim does not
expressly or impliedly acquiesce in the actor’s conduct.
Where the offense charged is rape in the third degree,
a criminal sexual act in the third degree, or forcible
compulsion in circumstances under which, at the
time of the act of intercourse, oral sexual conduct or
anal sexual conduct, the victim clearly expressed that
he or she did not consent to engage in such act, and
a reasonable person in the actor’s situation would
have understood such person’s words and acts as an
expression of lack of consent to such act under all
the circumstances. A person is incapable of consent
when he or she is: (a) less than 17 years old; or (b)
mentally disabled; or (c) mentally incapacitated; or
(d) physically helpless; or (e) committed to the care
and custody or supervision of the state department of
correctional services, or a hospital, (f) committed to
the care and custody of a local correctional facility, or
(g) or committed to the office of children and family
services and is in residential care, or (h) a client or
patient of a health care provider or mental health care
provider, or (i) a resident or inpatient of a residential
facility operated by the office of mental health, the
office for people with development disabilities, or the
office of alcoholism and substance abuse services, and
the actor is an employee, not married to such person,
who knows or reasonably should know that such
person is committed to the care and custody of such
department or hospital.
CONSENT, ABBREVIATED: Clear, unambiguous,
and voluntary agreement between the participating
persons who are capable of consent to engage in
specific sexual activity.
Colleges’ Definition of Consent:
Consent to engage in sexual activity must be knowing
and voluntary; it must exist from the beginning to end
of each instance of sexual activity and for each form
of sexual contact. Consent is demonstrated through
mutually understandable words and/or actions that
clearly indicate a willingness to engage freely in sexual
activity. Consent is active, not passive. The following
are essential elements of effective consent:
Informed and reciprocal: All parties must demonstrate
a clear and mutual understanding of the nature
and scope of the act to which they are consenting
and a willingness to do the same thing, at the same
time, in the same way. Pursuant to New York
state law, an individual less than 17 years old is
incapable of consent.
Freely and actively given: Consent cannot be
obtained through the use of force, coercion,
threats, intimidation or pressuring or by taking
advantage of the incapacitation of another
individual. Coercion, force, or threat of either
invalidates consent.
Mutually understandable: Communication regarding
consent consists of mutually understandable words
and/or actions that indicate an unambiguous
willingness to engage in sexual activity. In the
absence of clear communication or outward
demonstration, there is no consent. Consent
may not be inferred from silence, passivity, lack
of resistance or lack of active response. An
individual who does not physically resist or
verbally refuse sexual activity is not necessarily
giving consent. Mutually understandable
consent is best achieved through clear, verbal
communication. Do not rely solely upon nonverbal communication.
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Not indefinite: Consent may be withdrawn by any
party at any time. Recognizing the dynamic
nature of sexual activity, individuals choosing to
engage in sexual activity must evaluate consent
in an ongoing manner and communicate clearly
throughout all stages of sexual activity. Withdrawal
of consent can be an expressed by saying “no” or
can be based on an outward demonstration that
conveys that an individual is hesitant, confused,
uncertain or is no longer a mutual participant.
Once consent is withdrawn, the sexual activity
must cease immediately and all parties must obtain
mutually expressed or clearly stated consent before
continuing further sexual activity.
Not unlimited: Consent to one form of sexual contact
does not constitute consent to all forms of sexual
contact, nor does consent to sexual activity with
one person constitute consent to activity with
any other person. Each participant in a sexual
encounter must consent to each form of sexual
contact with each participant.
Even in the context of a current or previous intimate
relationship, each party must consent to each instance
of sexual contact each time. The consent must be
based on mutually understandable communication
that clearly indicates a willingness to engage in sexual
activity. The mere fact that there has been prior
intimacy or sexual activity does not—by itself—imply
consent to future acts.
Resources for Individuals who have Experienced
Sexual Violence
The Colleges are committed to treating all members of
their community with dignity, care, and respect. Any
individual affect by sexual violence or harassment will
have equal access to support, crisis and counseling
services through the Colleges. The Colleges recognize
that deciding whether to make a report and choosing
how to proceed can be difficult decisions, and thus
encourage any individual who has questions or concerns
to seek the support of campus and community resources
right away, whether or not that individual intends to
proceed with a complaint of any nature. Professionals
on campus can provide information about available
resources and procedural options and assist any party
with a report and/or resolution under this Policy. The
Colleges encourage individuals to use all available
resources, regardless of when or where the incident
occurred.
B. Emergency Support Services in the Event of a
Sexual Assault
The Colleges encourage all individuals to seek
assistance from a medical provider and law
enforcement as soon as possible after a sexual assault.
These options are the best way to obtain physical
safety, emotional support, and medical care; they also
ensure preservation of evidence and to facilitate a
timely investigation and remedial response. Of course,
it is always the student’s decision to make and the
Colleges will support whatever decision is made.
1. Campus Safety and Law Enforcement
The Colleges encourage students to report all sexual
assaults to the Geneva Police Department and
Campus Safety, both of which can provide assistance
24 hours a day, 365 days a year. The Colleges (often
Campus Safety) will escort any Colleges’ community
member to a safe place, provide transportation to the
hospital, assist in coordination with law enforcement,
and provide information about the Colleges’ resources
and complaint processes. Any individual can request
that Campus Safety and/or the Geneva Police
Department respond and take a report by calling:
Campus Safety at extension 3333 or
(315) 781-3333
Geneva Police Department at (315) 789-11111
Note that the response time for any call to 911 will be
longer due to the location of law enforcement assigned
to respond to 911 calls. Please call the Geneva Police
Department directly if you need a more immediate
response.
2. Emergency Health Care
Individuals who have experienced sexual violence can
also call Hubbs Health Center or any local medical
provider2 of their choice for confidential emergency care.
The Colleges will ensure that victims of sexual
violence are not charged for the cost of emergency
health care provided to them.
Hubbs Health Center staff will provide free,
confidential medical consultations for students.
Students can reach Hubbs Health Center by:
- visiting the Center at 119 St. Clair Street on
campus; and/or
- calling (315) 781-3600 between 8:30 a.m.
and 7:30 p.m., Monday through Friday,
1 to 5 p.m., Sunday.
1
Upon receipt of an emergency call, GPD will notify Campus
Safety that it is responding to campus, and Campus Safety will also respond, often before GPD given Campus Safety’s proximity.
2
Under certain circumstances, a health care provider may be
required to notify law enforcement of a sexual assault committed against
a minor.
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NOTE: Hubbs Health Center does not have staff
certified in sexual assault forensic examination
(commonly referred to as a “rape kit”), but F.F.
Thompson Hospital in Canandaigua does. The
Colleges encourage any individual who has
experienced sexual assault to obtain such an exam.
F.F. Thompson Hospital, located at 350 Parrish Street
in Canandaigua [or at (315) 396-6000]
For EMERGENCIES that occur when Hubbs Health
Center is closed, or if the student prefers not to go to
Hubbs Health Center, students should:
Call the Geneva Police Department at
(315) 789-1111
Call Campus Safety at extension 3333 or
(315) 781-3333;
Proceed directly to F.F. Thompson Hospital in
Canandaigua, located at 350 Parrish Street in
Canandaigua [or at (315) 396-6000]; or
Proceed directly to Geneva General Hospital in
Geneva, located at the junction of North Main
and North Streets in Geneva [or call at (315)
787-4500]. NOTE: Geneva General does not have
staff certified in sexual assault forensic examination
(commonly referred to as a “rape kit”), but F.F.
Thompson Hospital in Canandaigua does. The
Colleges encourage any individual who has
experienced sexual assault to obtain such an exam.
Rape Kits and the Importance of Preserving Evidence
F.F. Thompson staff includes a Sexual Assault Forensic
Examiner Nurse (sometimes referred to as a Sexual
Assault Nurse Examiner). SAFE/SANE nurses provide
free medical care for victims of sexual assault, and are
specially trained in conducting sexual assault exams
and collecting and preserving forensic evidence of the
assault for possible prosecution of the perpetrator.
examining for injuries; and drawing blood. In order
to preserve evidence, a rape exam must be completed
within a limited timeframe after the assault (typically
48 hours). Gathering such evidence does NOT commit
an individual to pursuing legal action against the
perpetrator, but does preserve that option. Although it
may be difficult following a sexual assault, individuals
who are considering or may consider legal action
should try not to shower or change clothes to allow
for the maximum possible collection of evidence by a
SAFE nurse or other health care provider.
While hospitals are not required to report any nonidentifying information to the Colleges or to anyone
else, hospitals providing care to individuals reporting
sexual assault are required to:
• collect and maintain the chain of custody of
sexual assault evidence for not less than 30 days
unless the patient signs a statement directing
the hospital not to collect it;
• advise the individual seeking medical treatment
related to sexual assault of the availability of the
services of a local rape crisis or victim assistance
organization to accompany the individual
through the sexual offense examination;
• contact a rape crisis or victim assistance
organization providing assistance to the
geographic area served by that hospital to
establish the coordination of non-medical
services to individuals reporting sexual assault
who request such coordination and services;
and
• provide emergency contraception upon the
patient’s request.
SAFE/SANE Nurse:
F.F. Thompson Hospital
360 Parrish Street
Canandaigua, N.Y. 14424
(315) 396-6000
Even if an individual who has experienced sexual
violence does not have visible injuries requiring
emergency attention, the Colleges encourage that
individual to seek medical care as soon as possible,
whether at Hubbs Health Center, F.F. Thompson, or
Geneva General. The primary purpose of the medical
evaluation is to check for physical injuries, reduce risk
of complications from sexually transmitted diseases as a
result of the assault, and/or (if appropriate) reduce risk
of pregnancy.
Such a medical exam (commonly referred to as a
“rape kit”) has two goals: (1) to diagnose and treat the
full extent of any injury or physical effect, and (2) to
properly collect and preserve evidence. The exam may
include testing and prophylactic treatment for HIV/
AIDS, STIs, and pregnancy; a vaginal examination;
collecting fingernail scrapings and/or clippings;
Most health care providers will encourage an
individual seeking treatment for sexual assault to
authorize collection of evidence. For individuals who
seek initial medical treatment at Hubbs Health Center
and agree to evidence collection, the individual will
be escorted to the nearest hospital by Campus Safety
or will be escorted to a taxi (the Colleges will provide
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a voucher) to be transported to the chosen medical
provider. Hubbs Health Center will provide followup medical care, as will F.F. Thompson and Geneva
General Hospitals.
3. Emergency Mental Health Support
Any individual who has experienced sexual violence
may speak with a Center for Counseling and
Student Wellness (“CCSW”) counselor at any time.
CCSW is located at 91 St. Clair Street in Geneva.
During an after-hours mental health EMERGENCY,
call Campus Safety at (315) 781-3333 to reach the
counselor on-call. When school is in session, an oncall counselor is available 24 hours a day, seven days a
week. Students can also access the on-call counselor
by contacting their Resident Assistant or Area
Coordinator or by calling Campus Safety at (315)
781-3333. A student who contacts Campus Safety
need only provide a first name and telephone number,
and ask the dispatcher to have the counselor return
the call to the number provided.
Individuals can reach CCSW during normal business
hours (9:00 a.m. to 12:00 noon, 1:15 to 5:00 p.m.)
at (315) 781-3388. The Colleges also maintain a
relationship with Safe Harbors, Inc., a local rape
crisis and relationship violence support agency.
Safe Harbors offers free, confidential crisis counseling;
support groups; support during medical exams; and
advocacy and guidance in reporting sexual violence
to local police and in navigating the judicial process.
Individuals who have experienced sexual violence can:
Call Safe Harbors for support 24 hours a day, seven
days a week on the crisis hotline: (800) 2477273
Call Safe Harbors for support during business hours
at (315) 781-1093
Visit Safe Harbors’ website at http://safeharborsfl.org/
C. Confidential Resources and Support
The Colleges encourage individuals who have
experienced sexual violence to get needed support
and to enable the Colleges to respond appropriately.
The Colleges strongly encourage all individuals
who have experienced sexual violence to talk to
someone identified in one or more of the groups
below, and provide this information to their students
and employees in writing during orientation, as part
of the Colleges’ Community Standards and relevant
employee manuals, on their website, and in resource
materials made available throughout campus. The
Colleges will again provide this information in writing
to anyone who requests it.
On-Campus Confidential Resources
In making the decision to speak with someone to get
support or information, it is important to understand
that different members of the campus community have
different abilities to maintain confidentiality.
The following employees can maintain near complete
confidentiality: professional counselors, pastoral
counselors, and health care professionals and the
staff working with these professionals.
Other responsible employees are required to report
all the details of an incident (including the
identities of both the person who comes to them
and the alleged perpetrator) to the Title IX
Coordinator: these employees are faculty, coaches,
administrators, Resident Assistants, and student
Orientation staff. A report to these employees—
responsible employees—constitutes a report to the
Colleges and generally obligates the Colleges to
investigate the incident and take appropriate steps
to address the situation.
Off-Campus Confidential Resources
Off-campus counselors, advocates, and health care
providers will also generally maintain confidentiality
and not share information unless the reporting
individual requests the disclosure and signs a consent
or waiver form.
Safe Harbors (http://safeharborsfl.org/) is a local rape
crisis center that offers free, confidential crisis
counseling; support groups; support during medical
exams; and advocacy and guidance in reporting
sexual violence to local police and in navigating
the judicial process. Individuals can call Safe
Harbors for support 24 hours a day, 7 days a week
on the crisis hotline: (800) 247-7273. [During
business hours, individuals can also call (315) 7811093.]
Employees may also avail themselves of confidential
counseling at Family Counseling Service of the
Finger Lakes, Inc. through the Colleges’ Employee
Assistance Program. Family Counseling Service
will provide confidential counseling to eligible
employees and their families (http://www.fcsfl.
org/index.html). Employees can reach the Family
Counseling Service as follows:
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- Visit the office at 671 South Exchange St.,
Geneva
- Call (315) 789-2613 or 1 (877) 789-2613
(toll free)
Family Counseling Service also maintains a 24 hour,
seven day a week domestic violence hotline with
trained staff and volunteers for support and crisis
counseling, and to assist in emergencies. The
hotline number is 1(800) 695-0390. All services
are confidential (with the exception of revelations
of child abuse, homicide, or suicide).
Individuals can also seek medical treatment at the F.F.
Thompson Hospital Emergency Room, located at
350 Parrish Street in Canandaigua. F.F. Thompson
staff includes a Sexual Assault Nurse Examiner
(sometimes referred to as a Sexual Assault Forensic
Examiner Nurse), specially trained in conducting
sexual assault exams and collecting and preserving
forensic evidence. The phone number for F.F.
Thompson is (315) 396-6000.
Individuals can also seek medical treatment at the
Geneva General Hospital Emergency Room,
located at the junction of North Main and North
Streets in Geneva. The phone number for Geneva
General is (315) 787-4500. Geneva General
Hospital does not have a Sexual Assault Nurse
Examiner (sometimes referred to as a Sexual
Assault Forensic Examiner Nurse) on staff.
available. The Colleges will make such
accommodations if an individual requests them
and if they are reasonably available, regardless
of whether the individual chooses to report the
crime to the Office of Campus Safety or local
law enforcement. The Colleges will keep such
accommodations confidential to the extent
that maintaining such confidentiality would
not impair the Colleges’ ability to provide the
accommodations or protective measures.
The Colleges’ Title IX Coordinator is Susan Lee
[(315) 781-3922] or slee@hws.edu.
Faculty, coaches, administrators, Resident Assistants,
and student Orientation staff are required to share
with the Title IX Coordinator any report of sexual
assault or harassment they receive or of which they
become aware. These individuals are required to share
with the Title IX Coordinator all information of which
they are aware, including the identities of the parties
involved in the acts of sexual misconduct, if known.
At the time a report is made, a Complainant does
not have to decide whether or not to request
disciplinary action. Choosing to make a report and
deciding how to proceed after making the report can
be a process that unfolds over time. To the extent
possible, the Colleges will respect an individual’s
Procedures for Reporting a Complaint
autonomy in making these important decisions and
The Colleges are committed to providing a variety of
provide support that will assist each individual in
welcoming and accessible means of reporting sexual
making that determination. Individuals have the
misconduct so that all instances of sexual assault or
option to: 1) notify Campus Safety; 2) notify law
harassment will be reported. The Title IX Coordinator
enforcement authorities; 3) be assisted by the Colleges
is specifically charged with coordinating
in notifying law enforcement authorities;
the initial assessment, initiating the
The Colleges’ Title IX and 4) decline to notify Campus Safety
investigation, and responding to allegations Coordinator is Susan or law enforcement. Individuals who are
of sexual assault or harassment to stop the
Lee (315) 781-3922. uncertain whether to make a complaint
harassing conduct, address its effects, and
should access one of the number of
prevent its recurrence, including
confidential resources on campus
• informing individuals in writing about their
(employees who work in CCSW, Hubbs Health Center,
right to file criminal charges and to pursue
and the Chaplain ), which can be supplemented by
disciplinary action on campus, as well as the
other community resources. Information shared
availability of counseling, health, mental
with the identified confidential resources will not be
health, victim advocacy, legal assistance, visa
reported to the Colleges.
and immigration assistance, and other services
on and/or off campus; and
Reporting to Law Enforcement
It is the Complainant’s choice whether to report to
• providing written information about additional
Campus Safety, local law enforcement, one and not the
remedies and protections to prevent contact
other, neither, or both. At the Complainant’s request,
between a Complainant and an accused party,
the Colleges will assist a Complainant, in contacting
such as housing, academic, transportation
local law enforcement and will cooperate with law
and working accommodations, if reasonably
enforcement agencies if a Complainant decides to
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pursue the criminal process to the extent permitted by
law.
Title IX Coordinator, to any member of the Title IX
Team, or to any of the following:
Except where the Complainant is under 18 years old,
the Colleges will generally respect a Complainant’s
choice whether or not to report an incident to local
law enforcement, unless the Colleges determine that
there is an overriding issue with respect to the safety
or welfare of the Colleges’ community. Where a report
involves suspected abuse of a minor less than 18 years
old, certain individuals at the Colleges may be required
by state law to notify law enforcement and/or the New
York Statewide Central Register of Child Abuse and
Maltreatment.
Susan Lee, Title IX Coordinator: (315) 781-3922
Campus Safety: ext. 3333 or (315) 781-3333
William Smith Dean’s Office: (315) 781-3467
Hobart Dean’s Office: (315) 781-3300
Proceedings at the Colleges may be carried out prior
to, simultaneously with, or following off-campus
civil or criminal proceedings. Where an individual
reports sexual misconduct to both Geneva Police
Department (GPD) and the Colleges, there will be
some coordination of the simultaneous or parallel
investigations pursuant to a Memorandum of
Understanding entered into between the Colleges and
GPD. The Memorandum of Understanding formally
recognizes the importance of the Geneva City Police
Department as a partner in investigating crimes,
including sexual violence, on the HWS campus. The
MOU provides that the Colleges may agree to defer
their fact-gathering until after the initial stages of a
criminal investigation. However, during that time, the
Colleges will continue to offer support to the reporting
individual, including discussing Title IX rights,
procedural options, and needed interim measures
to ensure safety and well-being. The Colleges will
promptly resume their fact-gathering as soon as law
enforcement has completed its initial investigation.
The Colleges and the GPD will timely share
information in parallel investigations, except that the
GPD may manage sharing of information so as not to
impede its ongoing law enforcement investigation. In
addition, the Colleges’ ability to share information
related to its own investigation and/or adjudication of
certain offenses involving a student or students will be
governed by the Family Educational Rights and Privacy
Act, which prohibits disclosure of student education
records containing personally identifiable information
except under certain circumstances.
Campus Reporting Options
To enable the Colleges to respond to all reports in a
prompt and equitable manner, the Colleges encourage
all individuals to directly report any incident to the
An individual can make a report by calling, sending
a message, or visiting the offices of any of these
individuals.
The Colleges recognize that a student or employee
may choose to report sexual assault or harassment
to another member of the Colleges’ community.
For example, a student may choose to talk with
an assistant dean, a Resident Assistant, a faculty
member, or a coach. An employee may choose to
tell a supervisor or colleague. The Colleges’ Policy
requires all faculty, coaches, administrators, Resident
Assistants, and other student employees who have
responsibility for the welfare of other students who
receive a report of sexual assault or harassment
to contact the Title IX Coordinator to share all
information related to the report, including the names
of the individuals involved, the specific allegations,
and the date, time, and location of the incident.
Anonymous Reporting
Any individual may make an anonymous report
concerning an incident of sexual assault or harassment,
including through the Colleges’ online Bias Incident
Reporting System. www.hws.edu/about/bias_
reporting.aspx.
Any individual may report an incident without
disclosing one’s name, identifying the parties involved
or requesting any action. As with all other reports,
all anonymous reports will go to Campus Safety and
the Title IX Coordinator for review and appropriate
response and action. Despite that the report is
submitted anonymously, Campus Safety and the Title
IX Coordinator will evaluate each report to determine
whether any responsive action is necessary and, when
warranted, will take action—including investigation
and follow-up with individuals identified. The level
of information available about the incident or the
individuals involved directly affects the Colleges’
ability to respond or take further action.
Where there is sufficient information, the Colleges
will ensure that anonymous reports are reviewed and
included for compliance with the Clery Act.
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Interim Measures and Accommodations Available
Upon Report of Sexual Misconduct
Upon receipt of a report of sex discrimination or
harassment, sexual harassment, sexual violence,
stalking, dating or domestic violence, or sex- or genderbased harassment that does not involve conduct of a
sexual nature, the Colleges will impose reasonable and
appropriate interim measures designed to eliminate the
reported hostile environment and protect the parties
involved. Interim measures may be imposed at any
time regardless of whether formal disciplinary action
is sought by the reporting individual (Complainant)
or the Colleges and may be imposed prior to the
commencement or conclusion of an investigation.
Interim measures will be kept confidential to the
extent that maintaining the confidentiality would
not impair the ability of the college to provide the
interim measures. Potential interim measures and
accommodations include:
Interim suspension ( students) or interim
leave ( employees) in circumstances deemed
appropriate by the Vice President for Student
Affairs, Vice President for Human Resources,
and/or Director of Campus Safety, namely
when the well-being of a student or of any
member of the Colleges’ community is at stake.
This action assumes no determination of guilt
and the disciplinary process will proceed as
soon as possible.
• Access to counseling services on- and offcampus and assistance in setting up an initial
appointment, on- and off- campus;
• imposition of an on-campus “no contact”
directive or order;
Note that the Colleges issues no-contact orders in
connection with all incidents where there is a named
perpetrator or Respondent. No-contact orders
prohibit parties from contacting one another and from
contacting third-parties in an attempt to communicate
with the other party. In the event both parties are
in the same location/area, the person who arrived
first may remain but the person who arrived second
must leave. As applicable, possible contact related to
academic courses are addressed separately in nocontact orders.
• Rescheduling of exams and assignments;
• Providing alternative course completion
options;
• Changing class schedules, including the ability
to transfer course sections or withdraw from a
course without penalty;
• Changing work schedules or job assignments;
•
•
•
•
•
•
•
•
•
•
Changing a student’s Colleges’-owned housing;
Assistance from Colleges’ support staff in
completing housing relocation;
Limiting an individual’s or organization’s
access to certain Colleges’ facilities or activities
pending resolution of the matter;
Voluntary leave of absence;
Providing an escort to ensure safe movement
between classes and activities;
Providing medical services;
Providing academic support services, such as
tutoring;
Colleges’-imposed leave or separation; and/or
Any other remedy that can be tailored to the
involved individuals to achieve the goals of
this Policy.
The applicable academic department chair will be
included in discussions related to interim measures
arising out of any course content complaints.
On-Campus Complaint Resolution Procedures
The procedures set forth below are intended to afford
a prompt response to charges of sexual harassment
and sex discrimination, including sexual assault,
domestic or dating violence, and stalking, to maintain
confidentiality and fairness consistent with applicable
legal requirements, and to impose appropriate
sanctions on violators of the Colleges’ Interim Sexual
Misconduct Policy. Title IX Coordinator Susan Lee
oversees the Colleges’ centralized review, investigation,
and resolution of reports of sexual assault and
harassment. The Title IX Coordinator, working with
a Title IX Team, will ensure that the Colleges respond
to all reports in a timely, effective, and consistent
manner. When community members report incidents
of sexual assault and harassment, the Title IX Team is
committed to providing support, assessing individual
and campus safety, and effectively responding, whether
or not that individual decides to pursue a report to
local law enforcement. Everyone who participates in
the HWS Title IX review, investigation, and resolution
processes described below receives annual training on:
(1) issues related to dating violence, domestic violence,
sexual assault, and stalking; (2) how to conduct an
investigation to protect the safety of victims and to
promote accountability; and (3) the Colleges’ policies,
procedures, resources, and supports.
Upon receipt of a sexual misconduct report, the
Colleges’ Title IX Team will conduct an initial Title IX
assessment. The assessment will consider the nature
of the report, the safety of the individual and of the
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campus community, and the Complainant’s expressed
preference for resolution. Specifically, as part of the
initial assessment of the facts, the Title IX Team will:
• assess the nature and circumstances of the
allegation;
• address immediate physical safety and
emotional well-being of the Complainant;
• notify the Complainant of the right to contact
law enforcement and seek medical treatment;
• notify the Complainant of the importance of
preservation of evidence;
• enter the report into the Colleges’ daily crime
log;
• assess the reported conduct for the need for a
timely warning under the Clery Act;
• provide the Complainant with information
about on- and off-campus resources;
• notify the Complainant of the range of interim
accommodations and responses;
• provide the Complainant with an explanation
of the procedural options, including remediesbased responses and the complaint resolution
process;
• assess for pattern evidence or other similar
conduct by Respondent;
• discuss the Complainant’s expressed
preference for the manner of resolution and
any barriers to proceeding; and
• explain the Colleges’ policy prohibiting
retaliation.
Where a Complainant requests that a name or other
identifiable information not be shared with the
accused individual (Respondent) or that no formal
action be taken, the Colleges will balance this request
with their related obligations to provide a safe and
non-discriminatory environment for all Colleges’
community members and to afford a Respondent
fundamental fairness by providing notice and an
opportunity to respond before action is taken against a
Respondent.
In the event that a Complainant does not wish to
proceed with an investigation or the complaint
resolution process, the Title IX Coordinator, in
consultation with the Title IX Team, will determine,
based on the available information, including any
investigative report, whether the investigation or
complaint resolution process should nonetheless
go forward. In making this determination, the
Colleges will consider, among other factors, whether
the Complainant has requested confidentiality;
whether the Complainant wants to participate in
an investigation or hearing; the severity and impact
of the sexual misconduct; the respective ages of the
parties; whether the Complainant is under the age
of 18; whether the Respondent has admitted to the
sexual assault or harassment; whether the Respondent
has a pattern of committing sexual misconduct; the
existence of independent evidence; and the extent of
prior remedial methods taken with the Respondent.
The Colleges will take all reasonable steps to
investigate and respond to the complaint consistent
with the request for confidentiality or request not to
pursue an investigation, but its ability to do so may be
limited based on the nature of the request by the
Complainant. The Colleges will assess any barriers
to proceeding, including retaliation, and will inform
the Complainant that Title IX prohibits retaliation
and the Colleges will take strong responsive action
to protect the Complainant. Where the Colleges
are unable to take action consistent with the request
of the Complainant, a member of the Title IX Team
will communicate with the Complainant about the
Colleges’ chosen course of action.
Based on the initial assessment, the Colleges may
implement interim protective measures to provide
for the safety of the individual and the campus
community. Thereafter, the investigation may
continue depending on a variety of factors, such as the
Complainant’s wish to pursue disciplinary action, the
risk posed to any individual or the campus community
by not proceeding, and the nature of the allegation.
Following this assessment, the Colleges may:
• seek a remedies-based response that does
not involve disciplinary action against a
Respondent; OR
• refer the matter for investigation. The goal of
the investigation is to gather all relevant facts
and determine if there is sufficient information
to refer the report for disciplinary action using
the Colleges’ hearing procedures described
below.
The process followed will be determined not only by
the conduct at issue, but also by the relationship of the
Respondent to the Colleges:
•
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Complaints against a student will be addressed
under the procedures for resolution of
complaints against students, which is set forth
in the Procedures for Resolution of Complaints
•
•
Against Students section of this Policy.
Complaints against a staff member will be
addressed under the Colleges’ Harassment
and Non-discrimination Policy set forth in the
Employee Handbook.
Complaints against a member of the faculty
will be addressed under the Colleges’ policy
governing instructional staff and related
grievance procedures, which can be found in
the Faculty Handbook.
Where the Title IX assessment concludes that the
Colleges’ hearing process or disciplinary action may be
appropriate, the Colleges will initiate an investigation.
The Colleges may designate an investigator (or
investigators) of their choosing, provided the
investigator has specific training and experience
investigating allegations of sexual misconduct.
The Colleges will provide annual training for all
investigators, and any investigator chosen to conduct
the investigation must be impartial and free of any
conflict of interest. The investigator may be an
employee of the Colleges, an external investigator
engaged to assist the Colleges in their fact-gathering,
or a team of investigators that pairs an external
investigator with a Colleges’ employee related to
the roles of the parties on campus (student, staff, or
faculty). The Title IX Coordinator will determine who
serves as the investigator for a particular case.
The investigator will conduct the investigation in a
manner appropriate in light of the circumstances of
the case, which will typically include interviews with
the Complainant, the Respondent, and any witnesses.
The interviews will be supplemented by the gathering
of any physical, documentary, or other evidence, as
appropriate and available. The investigator(s) will
decide which individuals to interview; however, as
part of the investigation, the Colleges will provide an
opportunity for the parties to suggest witnesses and
present other evidence. The investigation will be
conducted with the goal of being thorough, impartial,
and fair; all individuals will be treated with appropriate
sensitivity and respect. The investigation will be
conducted in a manner that is respectful of individual
privacy concerns. To be clear, however, confidentiality
cannot be promised during an investigation because,
for example, it may be necessary for members of the
Title IX Team to participate in discussions regarding
accommodations and interim measures, and for the
investigator to speak with witnesses. The Colleges will
seek to complete the investigation within thirty (30)
business days of receiving the complaint, but this time
frame may be extended depending on the complexity
of the circumstances of each case. Even some complex
cases, however, can be investigated within thirty (30)
days or less.
At the conclusion of the investigation, the investigator
will prepare a report setting forth the facts gathered.
The Colleges will share the report with the
Complainant and Respondent, and each party will
have the opportunity to prepare and submit a written
response. The investigator may find it necessary
to follow up on information provided in a written
response submitted by any party and supplement her
or his prior report accordingly. All of these written
submissions and all information gathered during
the investigation will collectively be considered
the investigative report. The Title IX Coordinator
will document each report or request for assistance
in resolving a case involving charges of sexual
misconduct, whether by the Complainant,
Respondent, a third party or anonymously, and will
review and retain copies of all reports generated as
a result of investigations. These records will be kept
confidential to the extent permitted by law.
Upon receipt of the investigative report, the Colleges
will notify all parties that the investigation is complete
and provide information about next steps in the
process.
One such option is a remedies-based resolution,
which does not involve disciplinary action against a
respondent. Where the Title IX assessment concludes
that a remedies-based resolution may be appropriate,
the Colleges, in consultation with the Complainant,
will take immediate and corrective action through
the imposition of individual and community remedies
designed to maximize the Complainant’s access
to the educational and extracurricular activities
of the Colleges. Examples of potential remedies
for individuals include the interim measures and
accommodations discussed above. Potential remedies
for the community include targeted or broad-based
educational programming or training.
In cases that do not involve sexual violence, mediation
and other restorative justice programming may be an
appropriate form of a remedies-based response. The
Colleges will not compel a Complainant to engage in
mediation, to directly confront the Respondent, or to
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participate in any particular form of a remedies-based
response. Mediation, even if voluntary, may not be
used in cases involving sexual violence or assault.
The Colleges will make the decision to pursue a
remedies-based response when the Colleges have
sufficient information about the nature and scope of
the conduct. The Colleges can reach this decision
at any time, before, during or after the investigation
process described above. Participation in a remediesbased response is voluntary, and a Complainant can
request to end a remedies-based response at any time.
A second option is disciplinary action against a
Respondent, which be taken only after the completion
of an administrative hearing, a hearing before a Sexual
Misconduct hearing panel, or a hearing before an
external adjudicator.
Administrative Hearing
A complaint under this Policy will typically be
addressed through a hearing conducted by a Sexual
Misconduct hearing panel. A Complainant or
Respondent, however, may request an administrative
hearing, in which the Vice President for Human
Resources (or designee) will meet with the
Complainant and Respondent to determine
responsibility and render a decision as to what
sanctions, if applicable, will be implemented. Both
parties must agree to an administrative hearing. The
investigative report will serve as the primary evidence
in making a determination of responsibility. Both
parties must have notice, the opportunity to review the
investigative report in advance, and the opportunity to
present relevant information to the Vice President for
Human Resources (or designee).
An administrative hearing is particularly appropriate
when the Respondent has admitted to the misconduct
and there is no discernible dispute in the relevant
facts of the investigative report; however, at the
discretion of the Vice President for Human Resources
(or designee), it may also be used when the facts are
in dispute. In reaching a determination as to whether
this Policy has been violated, the Vice President
for Human Resources (or designee) will reach a
determination by a preponderance of the evidence—
that is, whether the alleged conduct is more likely than
not to have occurred. Depending upon the nature
and severity of the allegations, the Vice President for
Human Resources (or designee) may decline to handle
the matter administratively and refer the case to a
hearing panel at any time.
Sexual Misconduct Hearing Panel
A Sexual Misconduct hearing panel (hearing panel)
is a fact-finding board comprised of external panelists
(not employed by the Colleges), trained annually
about non-discrimination; the dynamics of sexual
harassment, sexual violence, and intimate partner
violence; the factors relevant to a determination of
credibility; the appropriate manner in which to receive
and evaluate sensitive information; the manner of
deliberation; evaluation of consent and incapacitation;
the application of the preponderance of the evidence
standard (as required by the U.S. Department of
Education’s Office for Civil Rights); sanctioning; and
the Colleges’ policies and procedures.
Each hearing panel will typically be comprised of three
panelists. The panel size may be altered based upon
the nature of the allegations, the complexity of the
case, whether there is any issue of conflict of interest,
the availability of three panel members for the hearing,
the parties’ requests, or any other factors necessitating
a different panel size.
The hearing panel is supported by a Process Adviser,
who serves as the convener and the observer. The
Vice President for Student Affairs designates who
will fill the Process Adviser role; it may be filled
by a member of the HWS staff or an individual
external to the Colleges. The Process Adviser will
be knowledgeable in the Colleges’ policies and
procedures, definitions, the preponderance of evidence
standard, and the decision-making process. The
Process Adviser has no decision-making role and is
not present for deliberations but is available to answer
process-related questions during deliberations. The
Title IX Coordinator will also be present during the
hearing to serve as a resource for the parties on issues
of policy and procedure, and to see that policy and
procedure are appropriately followed throughout the
hearing. The Title IX Coordinator will meet with all
involved parties, witnesses, and advisers prior to the
hearing to ensure that their questions are answered
before the hearing.
External Decision-Maker
In certain circumstances, the Colleges will proceed
with one external decision-maker. If this alternative
is selected, the external decision-maker will be a
neutral party who is trained annually about nondiscrimination; the dynamics of sexual harassment,
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sexual violence, and intimate partner violence; the
factors relevant to a determination of credibility; the
appropriate manner in which to receive and evaluate
sensitive information; the manner of deliberation;
evaluation of consent and incapacitation; the
application of the preponderance of the evidence
standard (as required by the U.S. Department of
Education’s Office for Civil Rights); sanctioning; and
the Colleges’ policies and procedures. The external
decision-maker is supported by the Process Adviser.
The Title IX Coordinator will meet with all involved
parties, witnesses, and advisers prior to the hearing,
be present during the hearing to serve as a resource
for the external decision-maker on issues of policy
and procedure, and to see that policy and procedure
are appropriately followed throughout the hearing.
If the external decision-maker determines by a
preponderance of the evidence that the Respondent
has violated the Interim Sexual Misconduct Policy, the
Title IX Team and the external decision-maker will
determine the appropriate sanction.
Pre-Hearing Procedures
If the Title IX Team makes the threshold
determination that the complaint should be addressed
through a hearing, the Title IX Coordinator will issue a
letter to both parties requesting a pre-hearing meeting.
At this pre-hearing meeting, each party will receive
an explanation of the hearing process and have the
opportunity to ask any questions before the hearing
occurs. If requested, the Title IX Coordinator will
meet with any witnesses prior to their meeting with
the hearing panel to explain the hearing process and to
answer any questions they may have.
Both the Complainant and the Respondent will
be given notice of hearing, which will include the
specific charges of policy violations. The Title IX
Coordinator has the discretion to consolidate multiple
reports against a Respondent in one hearing if the
evidence related to each incident would be relevant
and probative in reaching a determination on the
other incident. When members of a student group,
organization, team, or individuals act collusively to
operate in concert in violation of the Interim Sexual
Misconduct Policy, they may be charged as a group
or as individuals, and a hearing may proceed against
the group as joint respondents or against one or more
involved individuals, or both, as appropriate given
available information and the circumstances.
In addition, the notice of hearing provides the
parties with the designated manner of resolution
(administrative hearing, panel hearing, or external
adjudicator), the name of the individual(s) hearing the
matter, and the date, time, and place of the hearing.
Each party has the right to request that the Title IX
Coordinator remove a member of the hearing panel or
to contest the external decision-maker on reasonable
and articulable grounds of bias, conflict of interest, or
an inability to be fair and impartial. This challenge
must be raised in writing or in person within four (4)
business days of receipt of the notice of hearing. If an
objection is raised in person, the Title IX Coordinator
will make a written record of the objection. All
objections must be raised prior to the commencement
of the hearing. The Title IX Coordinator will
determine whether to remove the panelist or seek an
alternative external decision-maker.
Relevance Determinations
The Title IX Team will review the investigative report,
any witness statements, and any other documentary
evidence to determine whether the information
contained therein is relevant and material to the
determination of responsibility given the nature of
the allegation. In general, the Title IX Team may
redact information that is irrelevant, more prejudicial
than probative, an unwarranted invasion of privacy,
or immaterial. The Title IX Team may also redact
statements of personal opinion rather than direct
observations or reasonable inferences from the facts,
and statements as to general reputation for any
character trait, including honesty.
Prior sexual history of a Complainant. In general,
a Complainant’s prior sexual history is not relevant
and will not be permitted to be discussed at a hearing.
Where there is a current or ongoing relationship
between the Complainant and the Respondent, and
the Respondent alleges consent, the prior sexual
history between the parties may be relevant to assess
the manner and nature of communications between
the parties. As noted in other sections of the Interim
Sexual Misconduct Policy, however, the mere fact of
a current or previous dating or sexual relationship, by
itself, is not sufficient to constitute consent.
Pattern evidence by a Respondent. Where there is
evidence of a pattern or conduct similar in nature by
the Respondent, either prior to or subsequent to the
conduct in question, regardless of whether there has
been a finding of responsibility, this information may
be deemed relevant and probative to the hearing
panel or external decision-maker’s determination of
responsibility and/or assigning of a sanction. The
determination of relevance will be based on an
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assessment of whether the previous incident (a) can
be established (in the event there was no prior finding
of responsibility), (b) was substantially similar to the
present allegation or information, and (c) indicates
a pattern of behavior and substantial conformity
with that pattern by the Respondent. Where there
is a prior finding of responsibility for a similar act of
sexual misconduct, there is a presumption of relevance
and the finding may be considered in making a
determination as to responsibility and/or assigning of a
sanction.
Notice that information will be brought forward.
Any party seeking to introduce information about
prior sexual history or pattern evidence should bring
this information to the attention of the investigator
at the earliest opportunity. The Colleges, through
the hearing panel (or through the external decisionmaker), may choose to introduce this information,
with appropriate notice to the parties. A party who
has provided this information to the investigator
may submit a written request to the student conduct
administrator seeking its admission at the hearing.
If this information was not previously submitted,
the Colleges will refer the new information to the
investigator, which may cause the scheduling of the
hearing to be delayed.
Where a sufficient informational foundation exists,
the Title IX Coordinator and appropriate members
of the Title IX Team will assess the relevance, form,
and reliability of the information and determine if it
is appropriate for inclusion at the hearing. To aid in
an advance determination of relevance, the following
must be submitted to the Title IX Coordinator via
email or in hardcopy format no later than five (5)
business days after the notice of the charge has been
made:
•
•
•
a written statement and/or description of the
proposed information, if not already provided
during the investigation;
a summary of the relevance of this information
to making a decision of responsibility at the
hearing; and
if not provided during the investigation, a
brief explanation why this information was not
shared with the investigator.
If this information is approved as appropriate for
presentation at the hearing, the Respondent and
Complainant will be provided with a brief description
of the approved information no later than five (5)
business days before the hearing.
The Complainant and the Respondent will each have
the opportunity to review all investigative documents,
subject to the privacy limitations imposed by federal
law and the Title IX Team’s relevant review, at least
five (5) business days prior to the hearing. The
investigative documents will include the investigative
report, any witness statements, and any other
documentary information that will be presented at the
hearing.
In general, the hearing will be scheduled approximately
fifteen (15) business days after the notice of hearing
is sent. Under extenuating circumstances, this time
frame may be extended.
Advisers
In any hearing, each party has the right to be
assisted by an adviser of their choice. An adviser
is any individual who provides the Complainant or
Respondent with support, guidance, or advice. The
adviser may accompany the student to the hearing and
any related meeting with a Colleges’ employee. Every
individual proposed to serve as an adviser must meet
with the Title IX Coordinator in advance of attending
any interviews, meetings, and hearings. The adviser
may not address the panel, except to ask for a short
recess if one of the parties requires some time outside
of the hearing room (e.g., to compose oneself, to collect
one’s thoughts, or to confer). Advisers may speak
privately to their advisee during the proceeding. The
panel chair, the external decision-maker, the Process
Adviser, and/or the Title IX Coordinator have the right
to determine what constitutes appropriate behavior
on the part of an adviser and whether the person
may remain at the proceedings. While the adviser
may be present to hear testimony, the Colleges will
not share written material with an adviser, although
the Complainant or Respondent may do so. When
warranted by extenuating circumstances, witnesses
and others involved in an investigation or hearing may
have an adviser during the hearing process.
Hearing Procedures
A hearing is intended to provide a full and fair
opportunity for the Complainant and Respondent to
present their account of events and for the designated
decision-maker(s) to determine the facts of the case,
make a determination regarding the alleged violations
of Colleges’ policy, and to recommend appropriate
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sanctions, if necessary.
The hearing panel/external decision-maker will review
all information pertinent to the incident in question
prior to the hearing. The investigative report will be
made available for the external decision-maker/panel
members to review at least five (5) business days prior
to the hearing. Other relevant information supporting
the violation(s) alleged may be offered in the form
of written statements, documents, items, or oral
information from the Complainant, the Respondent,
and witnesses.
The hearing panel or the external decision-maker
will have discretion to determine who will be called
as witnesses. The hearing panel or external decisionmaker will make this decision based upon the
following:
•
•
•
review of the investigative report;
meetings with the parties;
review of the list of desired witnesses
submitted by each party.
Witnesses who will speak solely about a party or
witness’s character will not be asked to provide
information to the hearing panel or external decisionmaker.
The Complainant and Respondent will be provided
with a list of witnesses and any relevant documents
related to their appearance at the hearing no later than
five (5) business days before the hearing. All parties
have the opportunity to hear the information provided
by witnesses and pose questions of witnesses (but only
through the hearing panel or the external decisionmaker). The hearing panel or external decisionmaker determines what questions will be posed; this
determination will be based on whether the questions
are likely to reveal relevant information. To the extent
witnesses express a need for some type of support
services related to or as a result of their participation
in a hearing pursuant to this Interim Policy, the
Colleges will provide needed support services and
accommodations. Witnesses may only be present for
their individual meeting with the hearing panel or
external adjudicator. Advisers and the parties may be
present throughout the proceeding (in person or via
technology).
A hearing will be called to order by the panel chair
or the external decision-maker, who will explain the
hearing process and will provide an opportunity for
all parties to ask procedural questions prior to initial
statements and the presentation of information.
The hearing is closed, meaning it is not open to
the public. The Complainant, the Respondent,
and any individuals who are witnesses may appear
before the hearing panel/external decision-maker. A
Complainant or Respondent may request participation
by other suitable means that would not require
physical proximity to the other party. This can
include, but is not limited to, partitioning a hearing
room or using technology, such as Skype or open
telephone lines in multiple meeting rooms, to facilitate
participation. Any proposed alternative must be
reviewed in advance to ensure that it is consistent with
the goals of a fair and equitable process. The parties
will be provided with separate meeting rooms in which
to meet with their advisers, as applicable, during breaks
in the hearing. If a party misses a hearing for any nonemergency or non-compelling reason, the hearing may
be held in the individual’s absence at the discretion
of the Title IX Coordinator and the panel chair or the
external decision-maker.
The panel chair will provide a brief opening statement
summarizing the investigation. The opening
statement should focus on the areas of agreement
and disagreement in order to assist the panelists in
prioritizing areas of inquiry. The Complainant may
make a brief statement. The external decision-maker/
hearing panel may pose questions to the Complainant.
The Respondent is encouraged to compile a written
list of questions to pose to the Complainant. The
list will be provided to the external decision-maker/
hearing panel, who will determine the relevance of
the questions and will ask the Complainant those
questions deemed relevant and appropriate.
After the Complainant is finished, the Respondent
may make a brief statement. The external decisionmaker/hearing panel may pose questions to the
Respondent. The Complainant is encouraged to
compile a written list of questions to pose to the
Respondent. The list will be provided to the external
decision-maker/hearing panel, who will determine the
relevance of the questions and will ask the Respondent
those questions deemed relevant and appropriate.
The external decision-maker/hearing panel will then
meet with witnesses. Each witness will be permitted
to give a brief statement but need not do so. The
external decision-maker/hearing panel will question
each witness. It is the responsibility of the external
decision-maker/hearing panel to ensure that the
information necessary to make an informed decision
-30-
is presented. The external decision-maker/panel
members may play an active role in questioning both
parties and witnesses involved in the case. At times,
the external decision-maker/panel members may
need to ask difficult or sensitive questions in order
to understand areas of factual dispute or gain a full
understanding of the context.
At no time will the Complainant or the Respondent be
permitted to directly question one another. Rather, the
parties may submit written questions to the external
decision-maker/hearing panel in writing, which may be
posed at the discretion of the external decision-maker/
hearing panel. Similarly, the external decision-maker/
panel members are under no obligation to allow either
party to directly question witnesses, and the external
decision-maker/panel may require that questions to
witnesses be submitted in writing.
Parties and other individuals who offer information
at a hearing are expected to respond honestly
and to the best of their knowledge. The external
decision-maker/hearing panel reserves the right to
recall any party or witness for further questions and
to seek additional information necessary to make a
decision. A Complainant, Respondent, or witness who
intentionally provides false or misleading information
may be subject to discipline under this Policy.
At the conclusion of the presentation of all witnesses,
the Complainant and Respondent will each be given
the opportunity to give a brief closing statement. The
parties will then be dismissed from the hearing room
so that the external decision-maker/hearing panel may
deliberate in private. The Process Adviser and Title
IX Coordinator do not remain for deliberations but
are available for questions. In the case of an external
decision-maker, the external decision-maker will make
a decision. In the case of a panel, the hearing panel
will first try to reach a determination by consensus, but
a simple majority vote as to responsibility will suffice
in the event consensus cannot be reached. Only
the decision on responsibility will be shared with the
Complainant and the Respondent. The vote itself
shall not be shared with the parties.
The findings of the external decision-maker/hearing
panel will be reduced to writing by the external
decision-maker or hearing panel. The findings will
detail the findings of fact and determination of
responsibility, making reference to the information that
led to the finding.
Safeguarding of Privacy
All parties involved in a hearing are required to keep
private all information learned in preparation for
the hearing and at the hearing. Consistent with the
Family Educational Rights and Privacy Act (FERPA)
regulations, the parties, panel members, advisers, and
external decision-makers may not share any copies of
documents. All copies of documents provided must
be returned to the Colleges at the conclusion of the
hearing and any appeals, and parties must certify
that they have not kept a hard copy or electronic
copy. Any violation of this obligation is subject to
disciplinary action by the Colleges pursuant to the
Community Standards disciplinary process.
Sanctions
The Complainant and Respondent will each have
the opportunity to present a written statement about
the impact of the violation for the external decisionmaker/hearing panel to consider when determining
sanctions. The external decision-maker/hearing
panel will review these statements only if the external
decision-maker/hearing panel finds the Respondent
responsible for one or more violations.
A hearing panel that finds a student, group, or
organization responsible for a violation of this
Interim Sexual Misconduct Policy will determine the
appropriate sanction(s). The hearing panel will make
this determination of sanctions in consultation with
the Title IX Team.
In the event that an external decision-maker finds
a student, group or organization responsible for a
violation of the Interim Sexual Misconduct Policy,
the Title IX Team, in consultation with the external
decision-maker, will determine the appropriate
sanction(s).
The complete list of possible sanctions includes:
• Probation
• Conduct warning
• Suspension
• Expulsion/permanent separation
• Organizational sanctions including probation
and rescinding recognition
In general:
Any student who is determined to have committed
sexual assault (involving sexual intercourse) will
be expelled. Any student who is determined to
have committed sexual assault (involving sexual
contact) will receive a sanction ranging from
-31-
conduct warning to expulsion. Any student
who is determined to have engaged in any other
prohibited form of conduct will receive a sanction
ranging from conduct warning to expulsion. When
any group (student group, student organization
or team) is determined to have acted in violation
of this Policy, the group will receive a sanction
ranging from probation to loss of recognition or
status.
actions that may be taken to address any incident
of discrimination or harassment and to prevent the
recurrence of any discrimination, including: strategies
to protect the Complainant and any witnesses from
retaliation; provide counseling for the Complainant;
other steps to address any impact on the Complainant,
any witnesses, and the broader student body; and any
other necessary steps reasonably calculated to prevent
future occurrences of harassment.
The hearing panel (or the Title IX Team when an
external decision-maker is used) may broaden or
lessen any range of recommended sanctions based
on circumstances warranting a less severe sanction
(mitigating circumstances) or circumstances
warranting a more severe sanction (aggravating
circumstances). The hearing panel (or Title IX Team
and external decision-maker) will not deviate from the
range of recommended outcomes unless compelling
justification exists to do so. A single sanction or a
combination of sanctions may be issued.
Notice of Outcome
The panel chair (or external decision-maker) will orally
communicate the findings of the hearing panel (or
external decision-maker) to the Respondent and the
Complainant separately and consecutively. The notice
will also be put in writing and will include: (1) any
sanctions imposed by the Colleges (the Complainant
will be informed of any sanctions that directly relate
to the Complainant and, in sexual violence cases, of
any sanction imposed whether or not the sanction is
directly related to the Complainant); (2) the rationale
for the result and the sanctions; and (3) notification
of appeal options. Any change in the outcome that
occurs prior to the time that the result becomes final
will also be communicated simultaneously in writing.
Generally, the result of the hearing will be final and
communicated to the parties within five (5) business
days from the date the hearing is concluded.
In considering the appropriate sanction within the
recommended outcomes, the hearing panel (or Title IX
Team and external decision-maker) will consider the
following factors:
• the Respondent’s prior discipline history;
• how the Colleges have sanctioned similar
incidents in the past;
• the nature and violence of the conduct at
issue;
• the impact of the conduct on the
Complainant;
• the impact of the conduct on the Colleges’
community, its members or Colleges’ property;
• whether the Respondent has accepted
responsibility;
• whether the Respondent is reasonably likely to
engage in the conduct in the future;
• location of incident;
• whether the conduct reflects collusion with
members of a student group;
• the need to deter similar conduct by others;
and
• any other mitigating or aggravating
circumstances, including the Colleges’ values.
Absent compelling justifications, if the Respondent has
engaged in the same or similar conduct in the past, the
sanction will be expulsion.
The hearing panel (or Title IX Team and external
decision-maker) will also consider other remedial
As applicable, the Respondent will also be informed of
the date by which any conditions or requirements must
be satisfied and the consequences of failure to satisfy
the requirements.
The imposition of sanctions will take effect
immediately and will not be stayed pending the
resolution of the appeal. Both parties will be advised of
their right to appeal the determination of the external
decision-maker/hearing panel.
The Colleges will, upon written request, disclose to the
alleged victim of a crime of violence, or a non-forcible
sex offense, the report on the results of any disciplinary
proceeding conducted by such institution against a
student who is the alleged perpetrator of such crime or
offense. If the alleged victim is deceased as the result
of such crime or offense, the next of kin of such victim
shall be treated as the alleged victim for purposes of
this paragraph.
Appeals
Either party may appeal the determination of
responsibility or sanction(s) in writing to the Vice
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President of Student Affairs. The appeal must be filed
within five (5) business days of receiving the written
notice of outcome.
The Complainant and/or Respondent may appeal
only the parts of the determination of responsibility
or sanctions directly relating to them. Dissatisfaction
with the outcome of the hearing is not grounds for
appeal. The limited grounds for appeal are as follows:
• previously unavailable relevant evidence that
could significantly impact the finding of the
hearing;
• procedural error(s) that had a material impact
on the fairness of the hearing; and
• the sanctions imposed were substantially
disproportionate to the violation committed.
The appeal shall consist of a plain, concise, and
complete written statement outlining the grounds
for the appeal. Upon receipt of an appeal, the Vice
President for Student Affairs will notify both parties.
Each party has an opportunity to respond in writing
to the appeal. Any response to the appeal must be
submitted within five (5) business days from receipt of
the appeal.
The appeal will be conducted in an impartial manner
by the Vice President for Student Affairs. In any
request for an appeal, the burden of proof lies with
the party requesting the appeal, as the original
determination and sanction are presumed to have been
decided reasonably and appropriately. The appeal is
not a new review of the underlying matter. The Vice
President for Student Affairs shall consider the merits
of an appeal only on the basis of the three (3) grounds
for appeal stated above, supporting information
provided in the written request for appeal, and the
written record of the original hearing. The Vice
President for Student Affairs can affirm the original
findings, alter the findings, and/or alter the sanctions,
depending on the basis of the requested appeal.
If the appeal is based on material deviation from
the procedures established in the Interim Sexual
Misconduct Policy, the Vice President for Student
Affairs can ask that a new hearing occur before a newly
constituted hearing panel.
In the case of new and relevant information, the Vice
President for Student Affairs can recommend that the
case be returned to the original hearing panel/external
decision-maker to assess the weight and effect of the
new information and render a determination after
considering the new facts.
Absent extenuating circumstances, the Vice President
for Student Affairs will communicate the result of the
appeal to the Complainant and Respondent within ten
(10) business days from the date of the submission of
all appeal documents by both parties. Appeal decisions
are final.
Time Frames for Addressing Reports Made Under
this Policy
The Colleges seek to conclude all reports of sexual
misconduct within sixty (60) days (exclusive of
any appeal) and, in general, a Complainant and
Respondent can expect that the process will proceed
according to the time frames enumerated above.
However, because circumstances may arise that require
the extension of time frames—possibly beyond the
overall sixty (60) day timeline—all time frames are
meant to be guidelines rather than rigid requirements.
Such circumstances may include the complexity of
the allegations, the number of witnesses involved, the
availability of the parties or witnesses, the effect of a
concurrent criminal investigation, any intervening
school break or vacation or other unforeseen
circumstances. The Colleges will provide written
notice to all parties of the reason for the delay and the
expected adjustment in time frames. The Colleges will
make their best efforts to complete the process in a
timely manner by balancing principles of thoroughness
and fundamental fairness with promptness.
Sex Offender Registration Information
In the State of New York, individuals convicted of
certain sex offenses must be registered in the sex
offender registry maintained by the New York State
Division of Criminal Justice Services.
Information about sexual offenders registered in New
York State is available from several sources.
1. New York State Division of Criminal Justice Services
online at http://criminaljustice.state.ny.us/
2. The Ontario County Sherriff’s Office online
“offender search” at http://www.sheriffalerts.com/cap_
main.php?office=54544
3. A fee-based inquiry system can be reached at http://
www.criminalcheck.com/
Weapons on Campus
Firearms and dangerous weapons of any type are not
permitted on campus. The Colleges include BB guns,
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air guns, knives, blank guns, etc. in the category of
dangerous weapons.
Weapons that are confiscated will not be returned.
They will be destroyed or turned over to the local
police for further legal action. Possession of weapons
violates the New York State penal laws pertaining
to public and private educational institutions.
Campus Safety will confiscate weapons when they are
discovered and exercise broad discretionary judgment
as to what might constitute a dangerous weapon.
Students found in possession of a firearm or dangerous
weapon will be referred for campus disciplinary action
and or a referral to local law enforcement for criminal
sanctions.
Missing Student Policy and Procedure
If anyone has reason to believe that a student who
resides in an on-campus housing facility is missing, he
or she should immediately notify the Office of Campus
Safety at (315) 781-3333. The Office of Campus Safety
will respond and conduct a preliminary investigation
in order to verify the report. Upon verification of the
report, the Office of Campus Safety will immediately
notify the Geneva Police Department (GPD).
In addition to registering a general emergency contact,
all students may identify one or more individuals as
confidential missing person contacts to be contacted
only by authorized officials of the Colleges within 24
hours of the determination that a student is missing.
Authorized officials of the Colleges may disclose the
confidential missing person contact information only
to law enforcement officials and only for the purpose
of furthering the missing person investigation. If
a missing student is under the age of 18 and is not
emancipated, Hobart and William Smith Colleges
will notify the student’s custodial parent or guardian
within 24 hours of the determination that the student
is missing.
To identify a confidential contact(s), students may do
so through the Hobart and William Smith Colleges
PeopleSoft Portal. The confidential contact should be
someone who will be likely to know your location and
who you wish to be contacted if you are missing.
Alcohol and Other Drug Policies
Students and employees of Hobart and William Smith
Colleges are subject to federal law, New York State
law, local statutes and ordinances, and the Colleges’
alcohol and drug policy. Students and employees who
violate federal, state or local laws or policies of the
Colleges will be subject to criminal and/or institutional
disciplinary action, up to and including permanent
separation and/or termination of employment.
Ignorance of the law and the Colleges’ policy is not an
excuse for any violations.
As an institution dedicated to higher learning, service,
and preparing students to live lives of consequence,
HWS condemns the unlawful possession, use/abuse,
or distribution of alcohol and other drugs. Because
abuse of alcohol and other drugs is detrimental to the
physical and psychological well-being of students, the
Colleges seek to educate students about the dangers of
drug and alcohol abuse and the importance of healthy
and responsible choices. Repeated involvement with,
or excessive use of, alcohol and/or other drugs will be
viewed as a health concern as well as a disciplinary
matter. The Colleges may mandate treatment for
abuse of alcohol and other drugs, including, but not
limited to, medical leaves of absences, suspensions, or
permanent separation. Any sanction may be imposed
for any violation.
The Campus Safety and Residential Education staffs
will report student violations of the Policy on Alcohol
and Drugs to members of the Office of Student
Affairs. As the use of alcohol on campus is permitted
only by those who are of 21 years of age or older
s, the responsibility for complying with all policies
and procedures applying to the possession, use, sale,
purchase, and service of alcohol lies solely with each
individual community member.
Hobart and William Smith Colleges
Alcohol Policy
I. Overview
As set forth in the Colleges’ mission statement,
Hobart and William Smith Colleges seek to promote
understanding of social issues and problems, and to
prepare students for “lives of responsible citizenship...
[and the] capacity for acting upon the world in ways
that will enrich both their personal lives and the
communities in which they live.” Alcohol abuse and
its associated problems are among such social issues.
In keeping with federal, state, and local laws, the
policies set forth here support informed, responsible
choices. The Colleges’ intention is to encourage and
support good judgment in the legal use of alcohol for
those who choose to use it. The Colleges understand
that alcohol abuse cannot be ended simply through
strict rules and enforcement. We must establish
reasonable policies, create programs that educate all
members of the Colleges’ community of the effects
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of alcohol use and abuse, and provide help for those
who need it for themselves or others. We believe that
environments that value moderation and responsible
choice establish habits of respect for self and others in
the use of alcohol and other substances that will likely
carry forward throughout students’ lives. It is toward
this end that the following policies and guidelines
have been established. The Office of Campus Safety
will enforce all State laws governing alcohol and all
Community Standards Policies governing alcohol.
II. Summary of New York State Laws Governing
Alcohol
Under New York State law it is illegal:
For a person under the age of 21 to consume alcohol or
to possess alcohol with the intent to consume it.
To sell, deliver, or give away alcoholic beverages to any
person actually or apparently under the age of 21.
To sell, deliver, or give away any alcoholic beverage to
any intoxicated person or any person under the
influence of alcohol.
To sell, deliver, or give away any alcoholic beverage
to any habitual drunkard known to be such to
the person authorized to dispense any alcoholic
beverage.
To sell alcohol, including charging admission at the
door of an event where alcohol is distributed free
of charge, without and Alcoholic Beverage Control
license.
Any person under the age of 21 presents or offers
identification of age which is false, fraudulent, or
not his or her own, for the purpose of purchasing
alcohol or attempting to purchase alcoholic
beverages. It is also illegal for another person to
misrepresent the age of someone under 21 for the
purpose of helping the person under 21 obtain
alcohol.
To operate a motor vehicle with the blood alcohol
content between .05 and .07 percent. This is
known as “Driving While Ability Impaired,” or
DWAI. “Driving While Intoxicate” (DWI) is
defined by a blood alcohol content of .08 percent
or greater, and is also illegal.
Any person under the age of 21 who operates a motor
vehicle while having a blood alcohol content of .02
percent or greater (a very low threshold).
Under City of Geneva Ordinance it is illegal:
To drink or otherwise consume liquor, wine, beer, or
other alcoholic beverages nor have in her or his
possession or carry or transport any open bottle
or open container containing liquor, wine, beer,
or other alcoholic beverages when such person is
in or upon any public sidewalk, street, highway,
parking lot, bathing beach, public park, or such
public place.
Any person, age sixteen (16) or over who owns,
rents, or otherwise controls a private residence,
to knowingly host, permit or allow a gathering
at which he allows the consumption of alcoholic
beverages or illegal drugs by any minor on such
premises to take reasonable corrective action
upon learning of the possession or consumption of
alcoholic beverages or illegal drugs by any minor
on such premises.
Civil Liabilities:
“Dram Shop Liability.” Any person who is injured by
an intoxicated person has a legal right of action
against anyone who has unlawfully sold alcohol
to the intoxicated person or unlawfully assisted
the intoxicated person in obtaining liquor. In any
such legal action, the injured person has a right to
recover both actual and punitive damages.
“Social Host.” Any person who furnishes alcoholic
beverages to an individual under the age of 21 is at
risk of civil liability if the intoxication of the person
under the age of 21 results in injury or damages to
a third party.
Summary of Hobart and William Smith Colleges
Policy Governing Alcohol
A)
Alcohol Policy
1)
Students must be 21 years of age or older to
consume or possess alcohol.
2)
Prohibited Activities - The following actions/
activities are prohibited:
a The possession or consumption of alcohol
by any student under the age of 21.
b Permitting an underage guest or other
individual in their presence to possess or consume
alcohol on campus property.
(i) Visitors and guests who violate the
Colleges’ Policy on Alcohol and Drugs or New York
State or federal law may be removed and/or banned
from Colleges’ property and/or subject to criminal
action. Students may be held responsible for the
behavior of their guests, and for any incidents or
disruptions, which result from possession, use, or
distribution of alcohol or other drugs by guests.
c Providing alcoholic beverages to any
person who is under 21 years of age.
d Engaging in activities, whether alcohol
is present or not, that promote irresponsible or binge
drinking (e.g. drinking games, use of funnels, chugging
contests, or any means where alcohol is consumed as
part of a competition).
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e Being in the presence of drinking games
with alcoholic beverages.
f Coercing individuals to drink alcohol or
use other drugs.
g Public intoxication and/or drunken
behavior, which result in the destruction of property,
or conduct that is disorderly, disruptive, and/or
disrespectful to any member of the campus community.
h Possession of open containers of alcohol
is prohibited on and immediately adjacent to public
roads, parking lots, and in the common areas in and
around residence halls on the campus.
i Possession or transportation of open
alcohol containers in public areas of the College;
j Possession of alcohol is prohibited at all
College functions in which students are in attendance,
including (but not limited to) dances, concerts,
athletic events, and dinners, without proper approval
from the Social Host Event Committee. Consistent
with NCAA policy, the use of alcohol is prohibited at
all athletic events.
k The possession or consumption of alcohol
on any college owned, leased, or contracted van, bus,
boats, or other vehicle travelling to or from on or offcampus events.
l Socially irresponsible or illegal alcoholrelated conduct that occurs off campus (e.g., offcampus arrest or citation for underage drinking, an
incident in which local or state police are involved in
association with alcohol, or alcohol-related conduct,
etc.);
3)
Possession of a fictitious ID, fraudulent ID or
another person’s driver’s license is prohibited.
4)
Students of legal drinking age may possess and
consume alcohol in all colleges-owned or operated
residence hall room or apartment except for Jackson,
Potter, Rees, Sherrill, or Hirshson, as these are
primarily first-year only areas. However, the student(s)
of legal drinking age assume full responsibility for
preventing any underage students from possessing or
consuming alcohol in that room/apartment.
5)
The Colleges’ reserve the ability to limit the
amount of alcohol an individual or group may possess,
as follows:
a Possession of large quantities/bulk
containers of alcohol, including, but not limited to,
beer balls, kegs, alcoholic punch in excess of one
gallon, in any residence hall room, college-owned or
operated apartment, or other college property
b The allowable amount of alcohol allowed
in any college-owned or operated residence hall
room or apartment by a single student who is of legal
drinking age is limited to:
• Twenty four (24) 12-ounce containers of
beer/malted beverage,
• OR two (2) one-liter bottles of wine,
• OR a reasonable combination of these
types.
6)
Any alcohol possessed in violation of any
provision of this policy may be confiscated and
disposed of by Campus Safety or other officials of the
colleges’. If proof of age cannot be established, the
alcohol may be confiscated and disposed of.
7)
Possession of alcohol-related paraphernalia
(funnels, bars, etc.) is prohibited.
8)
Possession of hard liquor is prohibited,
regardless of age of the student, in the Colleges’
residences. Generally, this excludes beer, malt
beverages, wine, champagne, hard cider, and mixes.
9)
Students or guests of legal drinking age must
have valid forms of identification of age (e.g., Driver’s
License, Sheriff’s ID card, etc.) showing their date of
birth any time they possess or consume alcohol in any
College- owned or operated residence hall room or
apartment.
10)
Display of Alcohol/Drug-Related items is
prohibited:
a Students may not display advertisements
or items (i.e. signs, posters, photographs, bottles) that
promote illegal drug and/or alcohol products in the
public spaces of the campus, i.e. hallways, lounges,
bathrooms, exterior windows of residence halls, etc.
b Alcohol bottles and containers (full or
empty) are not permitted as decorations in the exterior
windows of any college-owned or operated residence
hall or apartment. Alcohol bottles and containers
may be confiscated during routine health and safety
inspections or at the discretion of Residential Education.
Hobart and William Smith Colleges Other Drugs
Policy
Overview, Summary of Federal and NYS State
Laws & College Policy
As an institution of higher education, Hobart and
William Smith Colleges have a responsibility to
promote an environment that is incompatible with
the use of illegal drugs and the abuse of other drugs/
substances not medically prescribed and supervised.
Existing federal and state laws prohibit the
possession, use, manufacture, and distribution of
controlled substances. Degree and penalties vary
depending upon the type of substance, amount of
substance, prior record of individual and age of
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individual. For more information, please visit the
Federal Trafficking Penalties table at http://www.dea.
gov/druginfo/ftp3.shtml. Penalties for violating state
laws can include substantial fines and imprisonment
ranging from a few months to life. Violation of
federal laws can also result in substantial fines and
imprisonment as well as forfeiture of property and
denial of federal benefits, including financial aid.
The Colleges prohibit illegal possession or transfer of
any controlled substance so defined in the statutes of
New York State. The outcome from selling, making
or distributing drugs and from socially disruptive
behavior resulting from use of illegal drugs will be
prompt and decisive Colleges’ action. In addition,
the Colleges prohibit the possession and/or use
of drug-related paraphernalia. The Colleges are an
educational institution. They do not apply sanctions of
the law, but they do not ignore the law nor stand between
the student and the law.
Among the relevant laws are the following:
1. Unlawful possession of any controlled substance is
a crime.
2. Giving another person an illegal drug or
prescription controlled substance is the same as
selling it.
3. The sale (or giving) of any controlled substance is
a felony. This statute also includes legally possessed
prescription drugs that are controlled substances.
4. Possession of marijuana is against the law; the
charges and sanctions vary according to the
amount possessed.
5. The sale of marijuana is a more serious crime than
simple possession.
6. Possession of gelatin caps, glassine envelopes,
other packaging materials, or scales under
circumstances evincing intent to use is a crime.
Hobart and William Smith Colleges take this
position because use of these drugs can: (1) Create
personal hazards and costs whether legal, academic,
medical, or otherwise for users and others; (2)
Affect negatively the well-being, intellectual,
social, emotional, and spiritual/ethical growth and
development of members of the community; (3)
Cause situations in the setting of a residential college
in which individual actions affect all members.
The Colleges prohibit and will hold students
accountable for the following behaviors:
1)
Possession of marijuana and/or drug
paraphernalia
2)
Use or possession of illegal drugs other than
marijuana
3)
Illegal use of prescription medications,
including without limitation the use of another’s
prescribed medications or illegal misuse of personally
prescribed or over-the-counter medications
4)
Distributing illegal drugs to include the sharing
of (including, but not limited to, marijuana) or other
controlled substances (legal, prescription drugs)
5)
Selling illegal drugs (including, but not limited
to, marijuana) or other controlled substances (legal,
prescription drugs)
Education and Prevention Programs:
Hobart and William Smith Employee Assistance
Program (EAP)
The HWS EAP is administered by the Office of
Human Resources. All employees, faculty members
and their dependents are eligible to participate in the
drug and alcohol abuse programming offered through
the EAP. Additional information about the EAP
program can be obtained by calling (315) 781-3312 or
by visiting http://www.hws.edu/offices/hr/index.aspx.
Hubbs Health Center
The Hubbs Health Center serves HWS students
and provides health education on issues including
substance abuse. For more information please
call (315) 781-3600 or visit http://www.hws.edu/
studentlife/health_center.aspx.
Health Promotions
The Director of Alcohol and Other Drug Prevention
(AOD) manages the alcohol and other drug education
and prevention programs and services. The Director
of AOD Preventionis guided by a proactive, social
norming and harm reduction approach, providing
education, prevention and counseling services
necessary so that HWS community members can make
responsible choices about alcohol and other drugs.
The Director of of AOD Prevention provides referrals
for students who are at risk of developing alcohol and
other drug-related concerns as well as for those who
are impacted by another person’s abuse. Referrals
can include one-to-one and group counseling at the
Center for Counseling and Student Wellness, local
OASAS-approved alcohol and drug treatment centers,
and local AA and NA chapters. Students seeking
assistance for themselves or a friend are protected
under federal confidentiality guidelines.
For more information please call Brittany Broderick,
Director of Alcohol and Other Drug Prevention at
315-781-3869 or visit http://www.hws.edu/studentlife/
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health_promotions.aspx.
Handbook of Community Standards
Additional information about education and
prevention programs can be found in the Handbook
of Community Standards under Health and Safety
Policies and can be accessed at http://www.hws.edu/
studentlife/pdf/community_standards.pdf.
Emergency Response and Evacuation Policies
and Procedures
Emergency Notification Process
Hobart and William Smith Colleges utilize the
Everbridge Mass Notification system to notify the
campus community upon the confirmation of a
significant emergency or dangerous situation involving
an immediate threat to the health or safety of students,
faculty or staff occurring on the campus.
If the Office of Campus Safety confirms that there is
an emergency or dangerous situation that poses an
immediate threat to the health or safety of some or
all members of the HWS community, the Office of
Campus Safety will activate the emergency notification
system to provide immediate notification of the
threat to the HWS community, or to the appropriate
segment of the community if the threat is limited
to a specific location. The Office of Campus Safety
will, without delay and taking into account the
safety of the community, determine the content of
the notification and initiate the notification, unless
issuing the notification will, in the judgment of first
responders (including but not limited to HWS Office
of Campus Safety, Geneva Police Department, Geneva
Fire Department or Ontario County Sheriff’s Office),
compromise the efforts to assist a victim or contain,
respond to or mitigate the emergency.
During an emergency situation situational update
messages will be sent via the Everbridge system, as well
as through the Colleges Twitter account.
The Everbridge Mass Notification system will deliver
emergency alerts to the campus community via
text message, mobile telephone, office phone and/
or email. Once an emergency notification message
is received the recipient will need to acknowledge
receipt of the message. All students, faculty and
staff are automatically entered in the Everbridge
Mass Notification System through the PeopleSoft
system. Faculty or staff wishing to modify or prioritize
their preferred method of receiving an emergency
notification message should do so through the
PeopleSoft self-service portal which can be accessed at
https://hwsportal.hws.edu/psp/ps/EMPLOYEE/EMPL/
h/?tab=PAPP_GUEST.
HWS community members are encouraged to
notify the Office of Campus Safety of any situation
or incident on campus that involves a significant
emergency or dangerous situation that may involve an
immediate or ongoing threat to the health and safety
of students, faculty, staff or visitors on campus.
The Office of Campus Safety has a responsibility to
respond to such incidents to determine if the situation
does in fact pose a threat to the community and to
then notify the community without delay.
Testing the Emergency Notification System
The Everbridge Mass Notification System is tested
each semester by the Office of Campus Safety. Tests
are announced via the HWS email system. Emails
announcing the system test contain information about
the test, how to update preferred contact information,
a description of emergency actions that members of
the campus community may need to take (evacuation,
shelter-in-place and lock-down) and how to contact
the Office of Campus Safety, as well as local police,
fire and emergency medical service authorities. Data
from each test is reviewed and used to improve the
notification system.
Emergency Response and Evacuation Testing
Procedures
An evacuation fire drill is coordinated by the Office of
Campus Safety four times each year for all residence
halls and houses. Students learn the locations of
the emergency exits, the location of each building’s
primary meeting place, as well as each building’s
primary and secondary rally locations (locations
students will be directed to in the event the primary
meeting place is unavailable or the incident will
require evacuation for a protracted period), and
become familiar with the sound of the fire alarm.
Students receive information about evacuation, lockdown procedures and shelter-in-place procedures
during first year Orientation and at all residence hall
floor meetings. Residential Education staff members
and Residential Assistants (RAs) are also trained in
these procedures and are a continuing resource for
students living in their residence halls and houses.
In addition, Residential Education staff and RAs
participate in evacuation drills and other emergency
response tests.
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Evacuate:
Evacuate means to exit a building using the nearest
available exit, reporting to the buildings predetermined meeting area and following further
instructions from colleges officials or campus safety.
Emergencies such as an indoor hazardous material spill
or release, fire, natural gas leak, or bomb threat will
trigger an evacuate command.
Shelter-in-Place:
Sheltering in place means to remain indoors or to seek
immediate shelter indoors and remain there during an
emergency. Sheltering in place includes closing exterior
doors and windows, drawing shades, turning off HVAC
systems and possibly moving to a more protected
interior area of a building depending on the nature of
the emergency, and then remaining there until the “all
clear” confirmation has been given.
Emergencies such a hazardous material release or a
severe weather occurrence will trigger a shelter-in
place command.
Lockdown:
A “lockdown” is a temporary sheltering technique
utilized to limit human exposure to an apparent lifethreatening, hostile or hazardous situation or threat.
When a lockdown is declared by the Colleges’ officials
or Campus Safety, occupants of any building within
the impacted area are to remain in their respective
spaces locking or, if unable to lock, barricading doors,
closing and locking windows, drawing shades, covering
classroom or office door windows, silencing cell
phones, remaining quiet, and not allowing entry or exit
to a secured area until the “all clear” confirmation has
been given.
Emergencies such as an armed intruder on campus or
an active shooter on campus (an individual actively
engaged in killing or attempting to kill people with
a firearm in a confined populated area) will trigger a
lockdown command.
Evacuation drills are also used to test the response
of HWS personnel responsible for responding to
emergency situations on campus. Office of Campus
Safety personnel are trained in the Incident Command
System (ICS) as the preferred means to respond
to emergency situations occurring on campus. The
ICS allows Office of Campus Safety personnel to
coordinate with other HWS departments and local
public safety agencies to respond to and recover from
an emergency situation.
The Office of Campus Safety conducts tests of its
emergency response plans and capabilities at least
annually. Tests may include table-top exercises,
functional exercises, full scale exercises or a
combination of exercises. These tests allow the Office
of Campus Safety to evaluate its response capabilities,
the ability to interface cooperatively with other HWS
departments and other public safety agencies and
improve plans and response procedures. The Office
of Campus Safety will document all drills and tests
and record the description of the drill/test, the date,
the time and whether the test was announced or
unannounced.
Hate Crimes and Bias Related Incidents
Hobart and William Smith Colleges strive to foster a
safe and healthy learning environment that embodies
diversity, inclusion and respect for individuals and the
exercise of free speech. The Colleges promote civility
and do not tolerate acts of hate, bias or intolerance.
The Federal Government and numerous states
including New York State, have hate crime statutes.
A hate crime is a criminal offense committed against
a person or property which is motivated in whole or
in part, by the offender’s bias. Bias is a preformed
negative opinion or attitude toward a group of persons
based on their race, gender, gender identity, religion,
ethnicity, national origin, sexual orientation or
disability.
The Colleges report hate crimes precipitated against
individuals or groups when the motivating reason, in
whole or part, can be attributed to bias. In addition to
murder, manslaughter, sex offenses, robbery, aggravated
assault, burglary, motor vehicle theft and arson, the
Colleges also reports hate crimes attributed to larceny,
simple assault, criminal mischief and intimidation.
Applicable laws and ordinances
It is beyond the scope of this document to list all
the federal and state laws that relate to hate crimes.
More specific information about the New York
State Hate Crimes Act of 2000 can be found at this
link http://assembly.state.ny.us/leg/?cl=82&a=81.
Information about federal laws can be found at the
U. S. Department of Justice site at http://www.ncjrs.
org/hate_crimes/legislation.html. Under certain
circumstances the penalty imposed may be more severe
for a hate crime felony or misdemeanor then for the
same crime that is not a hate crime.
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Penalties
Violators will be subject to appropriate disciplinary
action including possible suspension or termination of
employment for faculty and staff, ejection from campus
for visitors and suspension or separation from the
Colleges for students. Violators will also be subject to
such penalties as may be imposed in accordance with
federal and state law.
Reporting and Procedures for Dealing with Bias
Related Crimes and Incidents
All members of the Colleges’ community are
encouraged to report hate crimes and bias related
incidents. In addition to reporting directly to the
Office of Campus Safety, hate crimes and bias
incidents may be reported anonymously on the bias
incident reporting form located on the Colleges’ web
site at http://www.hws.edu/about/bias_reporting.
aspx. In addition, members of the campus community
are encouraged to report hate crimes directly to the
Geneva Police Department.
A bias indicator is an objective fact, circumstance, or
pattern standing alone or in conjunction with other
facts or circumstances that suggests that the offender’s
actions were motivated, in whole or in part, by bias.
The following are some of the factors that may indicate
bias motivation.
1. Racial, ethnic, gender, and cultural differences exist
between the perpetrator and victim.
2. Comments, written statements, and gestures were
made.
3. Drawings, markings, symbols, and graffiti were left.
4. Organized hate groups or their members were
involved.
5. The victim previously had received bias motivated
harassing mail or phone calls.
6. The victim’s or witness’s perception of the incident
is that it was motivated by bias.
7. The location of the incident indicates bias
motivation.
A bias-related incident (not a hate crime) committed
by a staff member will be referred to Human Resources
for disciplinary action. Faculty members will be
referred to the Provost. Students will be referred to
the appropriate dean. If the offender is a visitor he will
be asked to leave the campus immediately. The visitor
will be arrested if he or she refuses to comply and the
visitor may be banned from future presence on the
campus.
All members of the Colleges’ community are
encouraged to report hate crimes and bias related
incidents. In addition to reporting directly to the
Office of Campus Safety, hate crimes and bias
incidents may be reported anonymously on the bias
incident reporting form located on the Colleges’ web
site at http://www.hws.edu/about/bias_reporting.
aspx. In addition, members of the campus community
are encouraged to report hate crimes directly to the
Geneva Police Department.
Support Services
The Colleges have a staff of NYS licensed
psychologists. Victims of a hate crime or biased-related
incident will be advised of the availability of counseling
services. Campus Safety will contact a counselor at
the request of the victim. If the victim chooses not to
seek the services of a counselor immediately, they will
be advised of the phone number, office location and
availability of counseling services.
The Colleges do not publish the name of crime victims,
persons accused of committing crimes, nor house
identifiable information regarding victims or accused in
the Daily Crime Log or online.
Hate Crime Statistics
The Colleges report hate crimes under Clery for the
following categories of bias:
•
•
•
•
•
•
•
•
Race
Gender
Gender Identity
Religion
Ethnicity
National Origin
Sexual Orientation
Disability
For Clery reporting purposes hate crimes include any of
the offenses listed below:
• Murder and Non-negligent manslaughter
• Sex Offenses (Rape, Forcible Fondling, Incest,
Statutory Rape)
• Robbery
• Aggravated Assault
• Burglary
• Motor Vehicle Theft
• Arson
• Larceny-theft
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•
•
•
Simple assault
Intimidation
Destruction/damage/vandalism of property
Hobart and William Smith Colleges Hate Crime
Statistics
2012:
No reported hate crimes
2013:
One on-campus vandalism incident
characterized by sexual orientation
One on-campus vandalism incident
characterized by disability
One on-campus residence hall simple assault
incident characterized by sexual orientation
2014:
No reported hate crimes
The Annual Security Report
In accordance with the federal Student Right-to-Know
Act, Hobart and William Smith annually provides
statistics for crimes reported to the office of campus
safety, local law enforcement agencies and individuals on
campus identified as campus security authorities. Written
requests for crime statistical information are made on an
annual basis to the appropriate local law enforcement
agencies as well as all campus security authorities.
All gathered statistical information is compiled and
reported to the Colleges’ community via the annual
security report which is prepared by the Office of
Campus Safety and posted on the Colleges’ website
on or before October 1 each year. A notice of the
availability of the annual security report is emailed
annually to every student and employee and a direct
link to the report is included in the email. Printed
copies of the annual security report are available by
request from the Office of Campus Safety by calling
(315) 781-3656. The U.S. Department of Education
requires that colleges and universities submit their
crime statistics to a website so that the information is
available to all who are interested and have internet
access. The address for the Department of Education
crime statistics web site is: http://ope.ed.gov/security/
Search.asp.
The Colleges do not publish the name of crime victims
nor house identifiable information regarding victims
in the Daily Crime Log or online. Victims may request
that directory information on file be removed from
public sources by request through the Office of the
Registrar, (315) 781-3657.
The annual security report includes criminal incidents
for the past three years and covers twelve crime
statistical categories listed by location.
Crime Location definitions:
On campus includes any building or property owned
or controlled by an institution of higher education
within the same reasonably contiguous geographic area
of the institution and used by the institution in direct
support of, or in a manner related to, the institutions
educational purposes, including residence halls, and
property that is frequently used by students.
Residential facilities includes residence halls and on
campus apartment housing.
Public property includes thoroughfares, streets, sidewalks
and parking facilities within the campus, or immediately
adjacent to and accessible from the campus.
Non-campus sites means any property owned
or controlled by a student organization officially
recognized by the institution and is used in direct
support of, or in relation to, the institutions
educational purposes, and is frequently used by
students, and is not within the same reasonably
contiguous geographic area of the institution. The
Hellstrom Boat House, Hanley Preserve, Offices at 20
Seneca St. and property located at 56 White Springs
Lane are included in the Non-campus Site category.
Crime Definitions:
Campus Safety is required to provide definitions
of each of the offenses that appear in the annual
statistical report. The following definitions are
excerpted from the FBI’s Uniform Crime Reporting
Handbook, which colleges and universities are required
to use for the purpose of classifying crimes.
Murder/Non-negligent Homicide: the willful (nonnegligent) killing of one human being by another.
Negligent Manslaughter: the killing of another person
through gross negligence.
Robbery: the taking or attempting to take anything of
value from the care, custody, or control of a person or
persons by force or threat of force or violence and/or by
putting the victim in fear.
Aggravated Assault: an attack by one person upon
-41-
another, in which the offender uses or displays a
weapon in a threatening manner or the victim suffers
severe injury involving apparent broken bones, loss of
teeth, possible internal injury, severe laceration, or loss
of consciousness.
statutory rape as used in the FBI’s Uniform Crime
Reporting system. A sex offense is any act directed
against another person, without the consent of the
victim, including instances where the victim if incapable
of giving consent.
Burglary: the unlawful entry into a building or other
structure with the intent to commit a felony or a theft.
Rape: 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.
Motor Vehicle Theft: the theft of a motor vehicle,
including automobiles, trucks, motorcycles and
mopeds.
Arson: any willful or malicious burning or attempt to
burn, with or without the intent to defraud, a dwelling
house, public building, motor vehicle or aircraft,
personal property of another.
Drug Law Violations: violations of federal, state and
local laws relating to the unlawful possession, sale, use,
growing, manufacture, and making of narcotic drugs.
The relevant substances include opium or cocaine and
their derivatives; marijuana; synthetic narcotics; and
dangerous non-narcotic drugs.
Liquor Law Violations: the violation of laws or
ordinances prohibiting the manufacture, sale,
transporting, furnishing, possessing of intoxicating
liquor, maintaining unlawful drinking places,
bootlegging, operating a still, furnishing liquor to a
minor or intemperate person, using a vehicle for the
illegal transportation of liquor, drinking on a train or
public conveyance, and all attempts to commit any of
the aforementioned (drunkenness and driving under
the influence are not included in this definition).
Sexual assault definitions for reported 2012 statistics
Sex Offenses, Forcible: any sexual act directed against
another person forcibly or against that
person’s will and when the victim is incapable of giving
consent because of his/her youth or temporary or
permanent mental or physical incapacity. This includes
forcible rape, forcible sodomy, and sexual assault with
an object and forcible fondling.
Sex Offenses, Non-Forcible: unlawful, non-forcible
sexual intercourse. Includes incest and statutory rape.
Forcible Fondling: The touching of the private body
parts of another person for the purpose of sexual
gratification, without the consent of the victim,
including instances where the victim is incapable of
giving consent because of his/her age or because of
his/her temporary or permanent mental or physical
incapacity.
Incest: Non-forcible sexual intercourse between
persons related to each other within the degrees
wherein marriage is prohibited.
Statutory Rape: Non forcible sexual intercourse with a
person who is under the statutory age of consent.
Domestic Violence:
1) Felony or misdemeanor crimes of violence
committed—
(i) By a current or former spouse or intimate
partner of the victim;
(ii) By a person with whom the victim shares a
child in common;
(iii) By a person who is cohabitating with or has
cohabitated with the victim as a spouse or intimate
partner;
(iv) By a person similarly situated to a spouse of the
victim under the domestic or family violence laws
of the jurisdiction in which the crime of violence
occurred; or
(v) 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
the jurisdiction in which the crime of violence
occurred.
Sexual Assault definitions for 2013 and 2014 reported
statistics
2) For the purposes of complying with the requirements
of this section and section 668.41, any incident meeting
this definition is considered a crime for the purposes of
Clery Act reporting.
Dating Violence: violence committed by a person
Sexual Assault: “Sexual assault” means an offense
that meets the definition of rape, fondling, incest, or
1) who is or has been in a social relationship of a
romantic or intimate nature with the victim and
-42-
2) the existence of such a relationship shall be based on
the reporting party’s statement and with consideration
of the length of the relationship, the type of relationship,
and the frequency of interaction between the persons
involved in the relationship.
For the purposes of this definition
(i) Dating Violence includes, but is not limited to,
sexual or physical abuse or the threat of such abuse.
(ii) Dating violence does not include acts covered
under the definition of domestic violence.
For the purposes of complying with the requirements of
this section and section 668.41, any incident meeting
this definition is considered a crime for the purposes of
Clery Act reporting.
Stalking:
1) Engaging in a course of conduct directed at a specific
person that would cause a reasonable person to—
(i) fear for the person’s safety or the safety of others;
or
(ii) Suffer substantial emotional distress.
2) For the purposes of this definition—
(i) Course of conduct means two or more acts,
including, but not limited to, acts which the stalker
directly, indirectly, or through third parties, by any
action, method, device, or means follows, monitors,
observes, surveils, threatens, or communicates to
or about, a person, or interferes with a person’s
property.
(ii) Substantial emotional distress means significant
mental suffering or anguish that may, but does not
necessarily, require medical or other professional
treatment or counseling.
(iii) Reasonable persons means a reasonable person
under similar circumstances and with similar
identities to the victim.
3) For the purposes of complying with the requirements
of this section and section 668.41, any incident meeting
this definition is considered a crime for the purposes of
Clery Act reporting.
[See Criminal Offenses and Liquor Law, Drugs and
Weapons Violations tables on the following pages.]
-43-
Table 1 : Criminal Offenses and Liquor Law, Drugs and Weapons Violations
Offense
Criminal Homicide
Murder and Nonnegligent 2012
Manslaughter 2013
2014
Negligent Manslaughter 2012
2013
2014
Sex Offenses
Forcible Sex Offenses 2012
Non-Forcible Offenses 2012
Rape 2013
Fondling 2013
Incest 2013
Statutory Rape 2013
Rape 2014
Fondling 2014
Incest 2014
Statutory Rape 2014
Robbery
2012
2013
2014
Aggravated Assault
2012
2013
2014
Burglary
2012
2013
2014
Motor Vehicle Theft
2012
2013
2014
Arson
2012
2013
2014
VAWA
Dating Violence 2012
2013
2014
On-Campus Residential
Facility
Non-Campus Public
Property
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2
0
11
1
0
0
7
4
0
0
0
0
1
0
0
0
9
13
15
1
0
1
1
2
4
2
0
10
1
0
0
5
3
0
0
0
0
0
0
0
0
9
12
15
0
0
0
1
2
4
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
3
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
3
8
3
5
1
0
0
0
0
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Reported
Crimes
Unfounded
0
0
0
0
0
0
0
0
0
0
Domestic Violence 2012
2013
2014
Stalking 2012
2013
2014
0
1
0
1
0
0
0
0
0
0
1
0
1
0
0
0
0
0
Liquor Law Violations 2012
2013
2014
Drug Abuse Violations 2012
2013
2014
Illegal Weapons Possession 2012
2013
2014
Arrests
On-Campus Residential
Facility
0
0
2
0
1
0
3
2
2
0
3
2
0
0
0
0
0
0
Liquor Law Violations 2012
2013
2014
Drug Abuse Violations 2012
2013
2014
Illegal Weapons Possession 2012
2013
2014
Referred for Disciplinary Action
On-Campus Residential Non-Campus
Facility
314
311
0
325
318
0
335
330
0
63
52
5
140
107
2
149
130
2
1
1
0
0
0
0
0
0
0
Other Offenses
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Non-Campus Public
Property
0
2
0
3
0
6
0
2
0
3
0
2
0
0
0
0
0
0
Public
Property
0
0
3
0
0
0
0
0
0