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 -2- 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 -3- 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 -4- 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 -5- 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 -6- 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. -7- 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. -8- 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 -9- 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. -10- 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 -11- 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 -12- 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 -14- 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 -15- 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. -16- 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 -17- 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. -18- 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. -19- 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 -20- 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: -21- - 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 -22- 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. -23- 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 -24- 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: • -25- 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 -26- 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, -27- 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 -28- 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 -29- 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 -32- 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, -33- 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 -34- 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). -35- 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 -36- 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/ -37- 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. -38- 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. -39- 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 -40- • • • 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 -44- 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 -45- 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