Annual Security & Fire Report

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INSTITUTIONAL SECURITY POLICIES AND CRIME STATISTICS 

AND FIRE SAFETY REPORT

January 1, 2014 – December 31, 2014
Updated 10/22/15

Reporting Crimes and Emergencies:

The Divinity School has a security staff that is on campus from 4:00 p.m. until midnight on weekdays and 8:00 a.m. until midnight on weekends and holidays. From midnight until 8:00 a.m. Security utilizes mobile road patrols to secure the campus.  The security staff reports to the Director of Facilities.

During the hours of 8:00 a.m. until 4:00 p.m. Monday through Friday, all crimes or emergencies are reported to the office of the Director of Facilities.  The campus emergency telephone number is (585)746-7000 and is monitored 24 hours a day, every day.  From an inside phone, Security can be reached by dialing extension 711.  Security can also be reached via the Blue Light Emergency Phone located in the center of the campus parking area.

With respect to reports of sexual violence (including sexual assault, domestic violence, dating violence, or stalking), Colgate Rochester Crozer Divinity School (CRCDS) Campus Security staff will escort any community member to a safe place, assist in contacting law enforcement, and contact the School administration who will provide information about CRCDS’ resources and complaint processes.  Any individual can request that Campus Security staff and/or the Rochester City Police Department respond by:

  • using a Blue Light Phone on campus
  • calling Campus Security at extension 711 or 585.746.7000
  • calling Rochester City Police Department by calling 911

CRCDS Campus Security staff is not a sworn security force and will therefore refer all reports to the School administration and, if the reporting individual requests, to law enforcement.  CRCDS and its Campus Security staff will cooperate in any law enforcement investigation of reported sexual misconduct to the fullest extent permitted by law.

Security of and Access to the Campus:
Campus buildings are locked according to their various uses. The apartment buildings are kept locked at all times. Strong Hall is open during normal office hours, (normally 8:30 AM– 4:00 PM), and whenever classes or special events are being held. At times, the hours may be extended to provide access to the library or chapel or for special events. Anyone requiring access to a locked area and who has the appropriate ID can contact the Security Officer on duty.

Campus Law Enforcement:
The Rochester Police Department (RPD) investigates any criminal activity that occurs on campus.  The CRCDS Security staff does not detain or arrest.  The RPD is prompt in responding to serious crimes or dangerous situations. Serious crimes should be reported to 9-911 from a campus phone (911 from a cell phone), and non-emergency situations can be reported to 9-311 from a campus phone (311 from a cell phone).  Located outside – adjacent to Parking Lot B – is an emergency tower also referred to as a “Blue Phone”.  Emergency aid can be summoned by simply pressing the red button located on the face of the device.  Your call for help will be answered by Campus Security.

All reported crimes or matters that a student or employee deems to be of importance are documented and forwarded immediately to the Director of Facilities and/or others in CRCDS administration, and police intervention is sought, when appropriate.

Information Regarding Campus Security Procedures and Crime Prevention:

Each semester, an orientation of new residents is held at which they are informed about contacting the CRCDS Security personnel, the importance of keeping one’s door locked and knowing one’s neighbors, and vehicle security in the CRCDS parking lots.  Presentation materials from new student orientation are forwarded to returning students and all employees at the beginning of each semester.

Students and employees are encouraged to report any suspicious persons or activity to the Central Office switchboard operator, security staff, and/or police, if necessary.  Following any illegal activity in the surrounding area or on campus, the information is distributed to the Divinity School community, notifying them of the incident and positive actions that can be taken are outlined.

Emergency Notifications:

The Office of the Director of Facilities informs the School community in writing of all pertinent criminal or emergency activity on campus or in the immediate vicinity.  In the event of an emergency, mass notifications can be made to cell phones, land lines, or by texting or e-mailing.  CRCDS will, without delay, and taking into account the safety of the community, determine the content of the notification, and initiate the notification system, unless the notification will, in the professional judgment of responsible authorities, compromise efforts to assist victims or to contain, respond to, or otherwise mitigate the emergency.

Disseminating information to the larger community will be accomplished as deemed necessary by the authorities having jurisdiction (City, County, State).

The Director of Facilities, in coordination with the President and Vice Presidents of the School, the IT Director, and any Security personnel who may be on campus, will determine – based on the information available at the time – if an emergency situation exists, who to notify, the content of the notification, and will initiate the notification system.

Timely warnings issued pursuant to the Clery Act withhold the victim’s personally identifying information, defined as name; home address; contact information; social security, drivers license, passport or student identification numbers; and any other information that would serve to identify the victim, such as date of birth, racial or ethnic background or religious affiliation.

Crime Statistics:

1/1 – 12/31/14 1/1 – 12/31/13 1/1 – 12/31/12 1/1 – 12/31/11 1/1 – 12/31/10
Murder 0 0 0 0 0
Sexual assault 0 0 0 0 0
Assault 0 0 0 0 0
Motor vehicle 0 0 0 0 0
Theft 0 0 0 0 0
Hate Crimes 0 0 0 0 0
Domestic Violence 0 0
Dating Violence 0 0
Stalking 0 0

Criminal Activity by Students at Off-Campus Locations:

This section refers to organizations such as fraternity or sorority houses; thus it does not apply to the Divinity School.

Statistics Involving Arrests on Campus:

1/1 – 12/31/14 1/1 – 12/31/13 1/1 – 12/31/12 1/1 –  12/31/11 1/1 – 12/31/10
Liquor Law 0 0 0 0 0
Drug Law 0 0 0 0 0
Weapons Law 0 0 0 0 0

Missing Student Policy and Procedure:

CRCDS takes student safety very seriously. The following policy and procedure has been developed in order to assist in locating CRCDS students living in on-campus apartments, who based on facts and circumstances known to the Divinity School are determined to be missing. This policy has been developed to comply with Section 488 of the Higher Education Opportunity Act of 2008 and Section 6434 of the New York Education Law.

Anyone who believes a residential student to be missing should report this to the Director of Facilities or the Security Officer on duty. Each report made will be followed up with an immediate internal investigation and local law enforcement will be notified as soon as practicable but in no case more than twenty-four hours after a report. Depending on the circumstances, the designated emergency contact of the student will be notified by the Director of Facilities or other appropriate CRCDS official as warranted.

During the registration period for each term, students will be asked to provide emergency contact information in the event he/she has an emergency or is reported missing while enrolled at CRCDS.  This emergency information will be kept in the Campus Security Office and in the Office of the Registrar.  Even if a student has not registered an emergency contact person, law enforcement will be notified pursuant to the procedure described below if that student is missing

GENERAL PROCEDURE

The Director of Facilities or his designee will collect and document the following information at the time of the report:

  • The name and relationship of the person making the report;
  • The date, time and location the missing student was last seen;
  • The general routine or habits of the suspected missing student, including any recent changes in behavior or demeanor; and, the suspected missing student’s cell phone number (if known).

The Director of Facilities will contact the President and the Vice President for Enrollment Services to update them on the situation and receive additional consultation.

Upon notification from any individual or entity that a student may be missing, CRCDS may use any or all of the following resources to assist in locating the student:

  1. Calling the student’s cell phone.
  2. Calling any other student numbers on record (home, work, etc.).
  3. Sending the student an e-mail.
  4. Entering a student’s apartment after no answer to door knock.
  5. Speaking with roommate, other students, staff/faculty members to confirm the student’s whereabouts, and/or confirm the date, time and location the student was last seen.
  6. Checking all possible locations mentioned by parties above as well as the library, lounges, and other student facilities. This may include reviewing security camera footage.
  7. Ascertaining the student’s car make, model and license plate number; and, checking the CRCDS parking lots for the presence of the student’s vehicle.
  8. Securing a current photo of the student.
  9. The CRCDS Director of Technology may be asked to obtain email logs in order to determine the last log in and/or access of the CRCDS network.
  10. Calling emergency contact numbers on record.

Once all the information is collected and documented, and the Director of Facilities has been notified, CRCDS staff will conduct a prompt investigation and/or contact the local police department to report the information. In no event will CRCDS contact the local police department more than 24 hours after receiving the report, provided the student remains missing at that time.   (Note: If in the course of gathering information as described above, foul play is evident or strongly indicated, the police will be contacted immediately.) If it is necessary to contact the local or state authorities, police procedure and protocol will be followed and the investigative practices will be assumed by the appropriate law enforcement authorities.

Policy on Alcoholic Beverages:

Consumption of alcohol is prohibited in all academic, administrative, and public areas of the Divinity School buildings and grounds except when served by a trained server employed by our licensed caterer for special events.

Legal consumption of alcohol by individuals age 21 and over is permitted inside private student apartments.

Sale of alcohol is prohibited on campus.  All other rules and regulations regarding alcohol defer to state and laws.

Policy on Illegal Drugs:

The possession, use, or distribution of illegal drugs is prohibited.  Violations will be referred to local police and to the school administration.

Drug and Alcohol Abuse Programs:
Alcohol and drug abuse interferes with a person's physical and emotional health and social functioning.  If you think you have a substance or alcohol abuse problem and need information regarding drug and alcohol abuse programs, you may contact the Office of Human Resources or the Office of Enrollment Services.  Referrals and names of local drug and alcohol treatment programs are available with confidentiality assured for all inquiries.

Sexual Assault, Domestic Violence, Dating Violence, and Stalking Prevention, Awareness, and Response:

CRCDS prohibits sex discrimination and harassment, sexual harassment, sexual violence, stalking, domestic violence, dating violence, and sex- and gender-based harassment that does not involve conduct of a sexual nature in every setting and in every program organized, sponsored or hosted by the School.  At CRCDS, sexual misconduct and sexual harassment— whether verbal, physical or arising out of the work environment, and whether in the office, at work assignments outside CRCDS, business trips, meetings, school-sponsored social functions, or elsewhere—is unacceptable and will not be tolerated.

CRCDS is committed to maintaining a collegial environment in which all individuals are treated with respect and dignity.  Each individual has the right to work and learn in a professional atmosphere that promotes equal opportunities and prohibits discriminatory practices, including sexual harassment and sexual misconduct.  CRCDS, as an educational community, will respond promptly and equitably to reports of sex discrimination and harassment, sexual harassment, sexual violence, stalking, domestic violenc, dating violence, and sex- or gender-based harassment that does not involve conduct of a sexual nature in order to eliminate the harassment, prevent its recurrence, and address its effects on any individual or the community.

CRCDS’s Sexual Misconduct Policy is Appendix I of the Campus Life Handbook, available on line at http://www.crcds.edu/resources-for/students/campus-life-a-policy-handbook/.

Education Programs

CRCDS is committed to educating and promoting community awareness about the prevention of sex discrimination and harassment, sexual harassment, sexual violence, stalking, domestic violence, dating violence, and sex- and gender-based harassment that does not involve conduct of a sexual nature.  CRCDS disseminates its Sexual Misconduct Policy to all new members of the CRCDS community (students, faculty, staff, and administrators) upon their arrival at CRCDS.

The Title IX Coordinator or others designated by the Title IX Coordinator oversee the development and implementation of CRCDS’ education and prevention programs, which are based on campus needs and climate.  New students and new employees receive primary prevention and awareness programming as part of their orientation.  Returning students and employees will receive ongoing training on a periodic basis.  All educational programs include a review of resources and reporting options.

CRCDS’s 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 CRCDS’ policies and applied in the CRCDS 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.

Trainings for new students were offered on August 30, 2011, January 31, 2012, August 27, 2012, February 4, 2013, August 26, 2013, February 3, 2014, August 25, 2014, and August 24, 2015.

New employees will be trained by attending the first available training class/orientation for new students in February or August of the year in which they are hired..

 

Definitions

CRCDS’ training and awareness programs educate community members about state law definitions of domestic violence, dating violence, sexual assault, stalking, and consent, as well as definitions of all such offenses established in CRCDS’ policies and applied in the on-campus disciplinary process.  Specifically:

Sexual Assault

New York State definition:

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

CRCDS definition:

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.

Sexual contact includes intentional contact with the intimate parts of another, causing another to touch 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

New York State definition:

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.

CRCDS definition:

A felony or misdemeanor crime of violence committed by:

  • a current or former spouse or intimate partner of the person against whom the violence is committed;
  • a person with whom the person against whom the violence is committed shares a child in common;
  • a person who is cohabiting with, or has cohabited with, the person against whom the violence is committed as a spouse or intimate partner;
  • a person similarly situated to a spouse of the person against whom the violence is committed under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
  • 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.

This definition does not apply to roommates who have not expressed interest in entering into, or who have not entered into, a dating or sexual relationship.  Under the Clery Act and the Campus Sexual Violence Elimination Act of 2013 (Campus SaVE Act, 2013 VAWA Reauthorization Act), CRCDS will record and report all relevant incidents of domestic violence.

Dating Violence

New York State definition:

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.”

CRCDS definition:

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the person against whom the violent act is/acts are committed. The existence of such a relationship shall be determined 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. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Under Clery and the Campus SaVE Act, CRCDS will record and report all relevant incidents of dating violence.

Stalking

New York State definition:

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.

CRCDS definition:

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 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; sending/posting unwelcome/unsolicited messages with an assumed identity;
  • implicitly threatening physical contact; or
  • any combination of these behaviors directed toward an individual person.

Consent

New York State definition:

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.

AFFIRMATIVE CONSENT, ABBREVIATED: Clear, unambiguous, and voluntary agreement between the participating persons who are capable of consent to engage in specific sexual activity.

CRCDS definition:

Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity.  Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.  Silence or lack of resistance, in and of itself, does not demonstrate consent.  The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.  The following are guidelines for evaluating the effectiveness of consent:

  • Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
  • Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
  • Consent may be initially given but withdrawn at any time. Individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout all stages of sexual activity.
  • Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent.  Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs or other intoxicants may be incapacitated and therefore unable to consent.
  • Consent cannot be given when it is the result of any coercion, intimidation, pressuring, force or threat of harm, or by taking advantage of the incapacitation of another individual.
  • When consent is withdrawn or can no longer be given, sexual activity must stop.
  • New York state law establishes that an individual less than 17 years old is incapable of consent.

Resources for Individuals who have Experienced Sexual Violence

Support Services

CRCDS encourages all individuals to seek assistance from a medical provider and/or law enforcement as soon as possible after a sexual assault.  This is the best option to secure physical safety, and to obtain emotional support and medical care; it is also the best option to ensure preservation of evidence and to begin a timely investigation and remedial response.  CRCDS provides individuals with written notification of the resources below.

  1. Campus Security and Law Enforcement

CRCDS’ Campus Security and law enforcement will provide assistance 24 hours a day, 365 days a year.

Campus Security will escort any community member to a safe place, assist in contacting law enforcement, and provide information about CRCDS’ resources and complaint processes.  Any individual can request that Campus Security and/or the Rochester City Police Department respond by:

  • using a Blue Light Phone on campus
  • calling Campus Security at extension 711 or 585.746.7000
  • calling Rochester City Police Department by calling 911
  • calling the NYS Police 24/7hotline staffed by specially trained responders at 1-844-845-7269

CRCDS Campus Security is not a sworn security force and will therefore refer all reports to the School administration and, if the reporting individual requests, to law enforcement.  CRCDS and its Campus Security department will cooperate in any law enforcement investigation of reported sexual misconduct to the fullest extent permitted by law.

  1. Emergency Health Care

There is no option for health care on CRCDS’ campus.  Accordingly, individuals who have experienced sexual violence should visit a local Emergency Department or the local medical provider of their choice for confidential emergency care.  Options include:

  • call Campus Security at ext. 711 or 585.746.7000 for assistance; or
  • call 911; or
  • proceed directly to the Emergency Department at Strong Memorial Hospital (601 Elmwood Avenue in Rochester / 585.275.4551), which has a Sexual Assault Forensic Examination (SAFE) Center; or
  • proceed directly to the Emergency Department at Highland Hospital (1000 South Avenue in Rochester / 585.341.0725) to access a Sexual Assault Nurse Examiner; or
  • call 585.922.4000 to access a Sexual Assault Nurse Examiner at Rochester General Hospital (1425 Portland Avenue in Rochester); or
  • call Restore Sexual Assault Service’s 24 hour/day, confidential rape crisis hotline at 585.546.2777 (Monroe County) or 800.527.1757 (Genesee, Livingston, Orleans & Wyoming Counties)for assistance locating a Sexual Assault Forensic Examiner at other area hospitals and/or to request an escort to the hospital.

An individual considering campus and/or law enforcement options against a Respondent (accused individual) should visit a SAFE nurse.  SAFE 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 assailant.

SAFE Nurse:            

  

Strong Memorial Hospital

601 Elmwood Avenue

Rochester, New York

585.275.4551

 

Highland Hospital

1000 South Avenue

Rochester, New York

585.341.0725

 

Rochester General Hospital

1425 Portland Avenue

Rochester, New York

585.922.4000

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, sexually transmitted infections (“STIs”), and pregnancy; a vaginal examination; collecting fingernail scrapings and/or clippings; examining
for injuries; and drawing blood.  There is a limited window of time (typically 72 to 96 hours) following an incident of sexual assault to preserve physical and other forms of evidence.  Gathering such evidence does not commit an individual to pursuing legal action against the assailant, but is important for preserving 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, rinse mouth, brush teeth or change clothes to allow for the maximum possible collection of evidence by a SAFE nurse or other health care provider.

Hospitals are not required to report any non-identifying information to CRCDS or to anyone else.  However, 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.

Even if an individual who has experienced sexual violence does not have injuries requiring emergency attention, CRCDS encourages that individual to seek medical care as soon as possible.  The primary purpose of the medical evaluation is to check for physical injuries, reduce risk of complications from STIs as a result of the assault, and/or (if appropriate) reduce risk of pregnancy.

Most health care providers will encourage an individual seeking medical treatment related to a sexual assault to authorize collection of evidence.

  1. Emergency Mental Health Support

Any individual who has experienced sexual violence may also elect to speak with a counselor at any time.  CRCDS does not maintain licensed mental health professionals on staff on campus.  Individuals seeking such support should:

  • Call 911.
  • Go to the Psychiatric Emergency Department at University of Rochester Medical Center (601 Elmwood Avenue in Rochester / 585.275.4501).
  1. Other Crisis Support

CRCDS community members in crisis can also access the following services provided by outside organizations:

  • Restore Sexual Assault Service’s 24 hour/day, confidential rape crisis hotline at
    • 546.2777 (Monroe County)
    • 527.1757 (Genesee, Livingston, Orleans & Wyoming Counties).
    • Willow Domestic Violence Center’s 24 hour/day confidential hotline (585.232.7353) for victims of domestic violence.
    • Victim Resource Center of the Finger Lakes, Inc.’s 24 hour/day, 7 days/week bilingual (Spanish/English) hotline at 866.343.8808 or 800.456.1172 for victims of domestic violence, sexual assault, stalking, dating violence, and child abuse.

Confidential Resources and Support

CRCDS hopes that individuals who have experienced sexual violence will report what happened in order to enable CRCDS to respond appropriately.  However, at a minimum, CRCDS strongly encourages individuals who have experienced sexual violence to talk to someone about what happened to get needed support even if that individual is not yet ready to report an incident or ultimately does not wish to pursue any formal process related to an incident.  All of the following resources and support options are specified in the Sexual Misconduct Policy and CRCDS will also provide written notification of same to reporting individuals.

On-Campus Confidential Resources

Ordained faculty engaged in pastoral counsel with a CRCDS community member can generally talk to an individual seeking support without any obligation to reveal to the Title IX Coordinator any personally identifying information about an incident.  An individual seeking support can seek assistance and support from these individuals without triggering an investigation that could reveal the reporting individual’s identity or that the individual has disclosed the incident.  Contact information for ordained faculty is as follows:

 

John Tyson

jtyson@crcds.edu

585.340.9573

Strong Hall, Room 203

 

Gail Ricciuti

gricciuti@crcds.edu

585.340.9592

Strong Hall, Room 207

 

Mark Brummitt

mbrummitt@crcds.edu

585.340.9587

Strong Hall, Room 214

While maintaining the confidentiality of an individual seeking support, these ordained faculty must report the nature, date, time, and general location of an incident to the Title IX Coordinator.  This limited report—which will include no information that would directly or indirectly identify the reporting student—helps keep the Title IX Coordinator informed of the general extent and nature of sexual violence on and off campus so that s/he can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses.  Before reporting any information to the Title IX Coordinator, these individuals will consult with the individual seeking support to ensure that no personally identifying details are shared with the Title IX Coordinator.

                        Off-Campus Confidential Resources

Off-campus counselors, advocates, and health care providers will also generally maintain confidentiality and not share information with CRCDS unless the individual seeking support requests the disclosure and signs a consent or waiver form.

  • Health Care:
  • Strong Memorial Hospital (601 Elmwood Avenue in Rochester / 585.275.4551), which has a Sexual Assault Forensic Examination (SAFE) Center; or
  • Highland Hospital (1000 South Avenue in Rochester / 585.341.0725) to access a Sexual Assault Nurse Examiner; or
  • call 585.922.4000 to access a Sexual Assault Nurse Examiner at Rochester General Hospital (1425 Portland Avenue in Rochester)

Mental Health Care

  • Psychiatric Emergency Department at University of Rochester Medical Center (601 Elmwood Avenue in Rochester / 585.275.4501)

Counselors and Advocates

  • Restore Sexual Assault Service maintains a 24 hour/day, confidential rape crisis hotline:
    • 546.2777 (Monroe County)
    • 527.1757 (Genesee, Livingston, Orleans & Wyoming Counties).
  • Willow Domestic Violence Center maintains a 24 hour/day confidential hotline (585.232.7353) for victims of domestic violence, and offers a shelter, counseling, support groups, children’s services, court advocacy, Latina services, dating violence education, and transition program.
  • Safe Journey (585.425.1580) serves women and children in transition from domestic violence, who need individual or group counseling, advocacy or community referrals as they heal from abuse.
  • The Victim Resource Center of the Finger Lakes, Inc. is a private, non-profit domestic, sexual, stalking, dating violence, and child abuse services agency that provides a 24 hour a day/7 day a week bilingual (Spanish/English) toll-free hotline at 866.343.8808 or 800.456.1172.

Employees can access free, confidential assistance through CRCDS’ Employee Assistance Program 24 hours a day, 7 days a week:

CRCDS will provide written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims in the community.

Reporting an Incident of Sexual Violence

As outlined in Section VII(B) explaining Emergency Support Services in the Event of a Sexual Assault, CRCDS encourages all individuals to seek assistance from a medical provider and/or law enforcement immediately after an incident of sexual violence.  CRCDS also encourages reporting to the Title IX Coordinator, any member of the Title IX Team or any responsible employee.

  1. Overview

CRCDS encourages all community members to report sexual assault and harassment in order to achieve a campus environment that maximizes its community members’ academic pursuits and positive feelings of community.  CRCDS will respond to any information it receives—whether from a Complainant, third party or anonymously—against a named Respondent.

A Complainant need not make any report, but Complainants considering doing so have a number of options to report and resolve a complaint:

  • CRCDS’ complaint process;
  • criminal action; or
  • both CRCDS’ complaint process and criminal action.

 

CRCDS is committed to providing a variety of accessible means of reporting sexual misconduct so that all instances of sexual assault or harassment will be reported.  The Title IX Coordinator is specifically charged with coordinating the initial assessment, initiating the investigation, and responding to allegations of sexual assault or harassment to stop the harassing conduct, address its effects, and prevent its recurrence.

With the exception of those employees specified in the section explaining Confidential Resources, all CRCDS employees, including faculty, staff, and administrators, are required to share with the Title IX Coordinator or any member of the Title IX Team any report of sexual assault or harassment they receive or of which they become aware.  These individuals are required to share all information of which they are aware, including the identities of the parties involved in the 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.  CRCDS recognizes that not every individual will be prepared to make a report to CRCDS or to law enforcement, and individuals are not expected or required to pursue a specific course of action.  To the extent possible, CRCDS will respect an individual’s autonomy in making these important decisions and provide support that will assist each individual in making that determination.

As outlined in the Resources section of this Policy, there are a number of resources—some on-campus and some off-campus—available to individuals who want support, regardless of whether they currently plan to make a report to CRCDS.  Information shared with the identified confidential resources will not be reported to CRCDS.

As outlined in the statement regarding Privacy and Confidentiality, CRCDS respects the privacy interests of students, faculty, and staff.  All information reported to the Title IX Coordinator or Title IX Team will be shared only with those CRCDS employees or agents who will assist in the investigation and/or resolution of the complaint.

The Title IX Coordinator, working with the Title IX Team and any other relevant campus units, will ensure that CRCDS responds to all reports in a timely, effective, and consistent manner.  The Title IX Coordinator is charged with coordinating the review, investigation, and resolution of all reports to ensure consistent responsiveness, and the integrated provision of interim measures to support the individuals involved and to protect the CRCDS community.

CRCDS will promptly review and respond to all reports of sexual violence and harassment in an integrated, consistent manner that treats each individual with dignity and respect.  CRCDS is committed to conducting its investigations and resolving complaints in a manner that protects the safety of Complainants and promotes accountability.

  1. Reporting to Law Enforcement

CRCDS encourages Complainants to pursue criminal action for incidents of sexual assault or harassment that may also be crimes under New York criminal statutes.  CRCDS will assist a Complainant, at the Complainant’s request, in contacting law enforcement and, to the extent permitted by law, will cooperate with law enforcement agencies if a Complainant decides to pursue the criminal process.

Except where a Complainant is less than 18 years old, CRCDS will generally respect a Complainant’s choice whether or not to report an incident to law enforcement, unless CRCDS determines that there is an overriding issue with respect to the safety or welfare of the CRCDS community.  Where a report involves suspected abuse of a minor less than 18, certain individuals at CRCDS may be required by state law to notify law enforcement and/or the New York Statewide Central Register of Child Abuse and Maltreatment, as discussed further in Sections IV(B)(1) and IX(H).

CRCDS’ Policy, definitions, and standard of review differ from New York criminal[1] law.Neither law enforcement’s determination whether or not to prosecute a Respondent nor the outcome of any criminal prosecution is determinative of whether sexual assault or harassment has occurred under this Policy.  Proceedings under this Policy may be carried out prior to, simultaneously with or following civil or criminal proceedings off campus.

Students who wish to pursue a formal complaint with law enforcement can enlist the help of the Title IX Coordinator or Campus Security, or call the Rochester Police Department directly by dialing 911 or the New York State Police’s 24/7 hotline staffed by specially-trained responders at 1.844.845.7269.

 

Both the Rochester Police Department and Monroe County Sheriff’s Office have victim assistance programs, which provide individual counseling, transportation to court, accompaniment to court, property release, assistance in filing with the Crime Victims Board for compensation for crime-related out-of-pocket costs, restitution assistance, referral, public awareness, and an explanation of the criminal justice system.

 

  • Rochester Police Department Victim Assistance Unit: 585.428.6630
  • Monroe County Sheriff’s Department Victim Assistance Program: 585.753.4389

The following other agencies also provide assistance to individuals who pursue criminal complaints:

  • Willow Domestic Violence Center: 585.232.5200 (http://www.willowcenterny.org/)
  • Monroe County District Attorney Victim/Witness Assistance Bureau: 585.753.4573 (http://www.monroecounty.gov/da-assistance.php)
  • Planned Parenthood of the Rochester/Syracuse Region: 585.546.2595 (http://www.pprsr.org/)
  • Society for the Protection and Care of Children – Family Violence Program: 585.325.6101 (http://www.spcc-roch.org/)
  • The Legal Aid Society of Rochester, NY, Inc.: 585.232.4090 (http://www.lasroc.org/)

 

To learn more about these programs, visit the website for the New York State Office of Victim Services (http://www.ovs.ny.gov/), which funds local victim assistance programs.

 

In general, CRCDS will timely share information with the RPD in the event that CRCDS and RPD are conducting parallel investigations related to a complaint.  Importantly, CRCDS’ 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.

  1. Campus Reporting Options

CRCDS recognizes that a student or employee may choose to report sexual assault or harassment to any employee of CRCDS.  For example, a student may choose to tell a dean, a faculty member or other administrator.  An employee may choose to talk with a supervisor or colleague.  This Policy requires all employees (other than ordained faculty as identified above) who receive a report of sexual assault or harassment to share the report with the Title IX Coordinator or any member of the Title IX Team.

To enable CRCDS to respond to all reports in a prompt and equitable manner, CRCDS encourages all individuals to directly report any incident to:

Title IX Coordinator

The Rev. Dr. Stephanie L. Sauvé

Vice President for Academic Life, Dean of Faculty, Director of Supervised Ministry

Strong Hall 213

585.340.9589

ssauve@crcds.edu

 

An individual also has the option of making a complaint to any member of the Title IX team, his/her supervisor or any employee of CRCDS, who will then report to the Title IX Coordinator.

Complaints must include a written description of the misconduct, which a Complainant can convey during a meeting with any of the campus reporting options listed above.  All reports must be committed to writing by either the Complainant or the Title IX Coordinator and signed by either the Complainant or the Title IX Coordinator or appropriate designee.  CRCDS may deem it necessary to take action even if an oral report is not committed to writing.

  1. Anonymous Reporting

Any individual may visit http://www.crcds.edu/anonymous-reporting-form/ to report an incident without disclosing one’s name, identifying the Complainant or Respondent or requesting any action.  Depending on the level of information available about the incident or the individuals involved, anonymous reporting may impact CRCDS’ ability to respond or take further action.

The Title IX Coordinator will review and determine the appropriate response and action for all anonymous reports.  Where there is sufficient information, CRCDS will ensure that anonymous reports are included for compliance with federal law (the Clery Act).

Acknowledging a Complaint and Interim Measures

Upon receipt of a report of sex discrimination or harassment, sexual harassment, sexual violence, stalking, domestic violence, dating violence or sex- or gender-based harassment that does not involve conduct of a sexual nature, CRCDS will evaluate and, in its discretion, impose reasonable and appropriate interim measures designed to eliminate the reported hostile environment and protect the parties involved.

For Complainants seeking to avail themselves of the CRCDS procedures related to Sexual Misconduct Complaints, the Title IX Coordinator shall cause an “Acknowledgment of Complaint and Description of Procedure and Support Services” letter to be sent to the parties.  This letter shall acknowledge the complaint, attach a copy of this Policy, and reiterate that retaliation will not be permitted.

The Title IX Coordinator will maintain consistent contact with the parties to ensure that all safety and emotional and physical well-being concerns are being addressed.  The Title IX Coordinator will conduct an initial assessment to determine the appropriateness of any interim measures, which the Title IX Coordinator may impose regardless of whether formal disciplinary action is sought by the Complainant or CRCDS.  A Complainant or Respondent may request separation or other protection, or CRCDS may choose to impose interim measures at its discretion to ensure the safety of all parties, the broader CRCDS community, and/or the integrity of the investigative and/or resolution process.  CRCDS will implement interim measures promptly and at no cost to the parties.

All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by an interim measure.  CRCDS will take immediate and responsive action to enforce a previously implemented measure.

Potential interim measures that the Title IX Coordinator may deem appropriate for the Complainant and/or the Respondent include:

  • assistance in accessing off-campus counseling services; imposition of an on-campus “no contact” directive that requires the Respondent to leave an area immediately and without directly contacting the Complainant if the parties are both in the same public place;
  • rescheduling of exams and assignments;
  • providing alternative course completion options;
  • changing class schedules, including the ability to transfer course sections or withdrawal from a course without penalty;
  • changing work schedules or job assignments;
  • changing a student’s CRCDS-owned housing;
  • assistance from CRCDS’ support staff in completing housing relocation;
  • limiting an individual’s or organization’s access to certain CRCDS’ facilities or activities pending resolution of the matter;
  • voluntary leave of absence;
  • providing an escort to ensure safe movement between classes and activities;
  • providing academic support services, such as classroom accommodations;
  • CRCDS-imposed leave or separation; and/or
  • any other remedy that can be tailored to the involved individuals to achieve the goals of this Policy.

 

CRCDS will maintain as confidential any accommodation(s) or protective measure(s) provided to Complainant to the extent that maintaining such confidentiality will not impair CRCDS’ ability to provide the accommodation(s) or protective measure(s).  CRCDS provides reporting individuals with written notice of the above options.

A.            Review of Certain Interim Measures

With respect to no contact orders, changes to academic, housing, employment, and transportation arrangements in order to help ensure safety, prevent retaliation, and avoid an ongoing hostile environment, both parties shall, upon request, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of such interim measure that directly affects the party, including potential modification, and shall be allowed to submit evidence in support of their request.

A.             Interim Suspensions or Imposed Leave

If the Vice President for Enrollment Services, in consultation with the Director of Facilities and/or the Title IX Coordinator, decides at any point that the well-being of a student or of any member of CRCDS’ community is at stake, an interim suspension may be imposed on a respondent who poses a continuing threat to the health and safety of the campus pending the outcome of the conduct process.  This action assumes no determination of responsibility and the hearing will be held as soon as possible.  Both parties shall, upon request, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension, including potential modification, and shall be allowed to submit evidence in support of their request.

Similarly, CRCDS may impose leave on any employee or faculty member.

The terms of all such leaves shall be determined in CRCDS’ sole discretion.

Students’ Bill of Rights

All students who report conduct allegedly in violation of this Policy or invoke the processes described in this Policy have the right to:

  • make a report to local law enforcement and/or state police;
  • have disclosure of domestic violence, dating violence, stalking, and sexual assault treated seriously;
  • make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
  • participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
  • be treated with dignity and to receive from CRCDS courteous, fair, and respectful health care and counseling services, where available;
  • be free from any suggestion that the reporting individual is at fault when these violations are committed, or should have acted in a different manner to avoid such violations;
  • describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
  • be protected from retaliation by CRCDS, any student, the accused and/or the respondent, and/or their friends, family, and acquaintances within the jurisdiction of CRCDS;
  • access to at least one level of appeal of a determination;
  • be accompanied by an advisor of choice who may assist and advise a reporting individual, accused or respondent throughout the judicial or conduct process including during all meetings related to such process[2];
  • exercise civil rights and practice of religion without interference by the investigative, criminal justice or conduct process of the institution; and
  • discuss and share information related to the complaint with others that may support them or assist them in presenting their case.

 

 Response Procedure

On campus, Complainants have the option to seek to resolve their complaints informally, formally or both, except in cases involving allegations of sexual violence, which will only be resolved through the formal process described below.

In addition, there may be instances in which a Complainant seeks only to discuss matters with the Title IX Coordinator, a member of the Title IX Team or ordained faculty, and CRCDS encourages such discussion.  An individual reporting sexual misconduct or sexual harassment should be aware, however, that the Title IX Coordinator and/or any member of the Title IX Team will evaluate information provided in an informal discussion to determine whether it is necessary to take action to address the issue.

Both the Complainant and the Respondent are to be treated with respect.  All allegations will be taken seriously.

  1. Overview

When allegations of sexual misconduct or harassment are brought to CRCDS’ attention, CRCDS will promptly investigate the allegations to determine whether the Respondent should continue in the Respondent’s present position and what other interim remedial action is appropriate.

CRCDS may utilize the formal procedure set forth below to investigate complaints of sexual misconduct.  In its discretion, CRCDS may utilize other information-gathering procedures, including but not limited to criminal, pastoral or professional investigations of the allegations.

In addition to the formal or informal procedures set forth below, a Complainant may elect to utilize other available procedures such as the criminal, judicial or denominational systems to redress a complaint of sexual misconduct.

  1. Time Frames for Resolution

CRCDS seeks to resolve all reports of sexual misconduct within sixty (60) days.  All time frames expressed in this Policy are meant to be guidelines rather than rigid requirements.  Circumstances may arise that require the extension of time frames, including extension beyond the overall sixty (60) day timeline.  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.

CRCDS will make its best efforts to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.  In the event that the investigation and resolution exceed this timeframe, CRCDS will notify all parties of the reason for the delay and the expected adjustment in time frames.

In cases where the Complainant has made a report to law enforcement, CRCDS may agree to defer its fact-gathering at the request of law enforcement until after the initial stages of a criminal investigation.  CRCDS will nevertheless communicate with the Complainant regarding Title IX rights, procedural options, and the implementation of interim measures to ensure safety and well-being.  CRCDS will promptly resume its fact-gathering as soon as law enforcement has completed its initial investigation.

  1. Parties’ Rights
  • To be treated with dignity, respect, and compassion by all persons involved in the disciplinary process.
  • Written information about accessing support services on and off campus.
  • Freedom from intimidation and harassment throughout this process.
  • Privacy throughout this process in relation to campus and other media, and in relation to all other involved parties.  In this regard, parties should be aware that they will be encouraged to refrain from speaking publicly about the outcome of student conduct cases due to applicable laws and CRCDS policies.
  • To be notified of (i) the charge(s) of violation(s) of this Policy against the Respondent and (ii) the members of the Response Team who will investigate the complaint (discussed further below).
  • The right to request that the Title IX Coordinator remove a member of the Response Team and/or Title IX Team based 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 within two (2) business days of receipt of the notice of charges/Response Team membership. All objections must be raised prior to the commencement of the investigation.  The Title IX Coordinator will determine whether to grant the request for removal.
  • To recommend questions to be asked of the other party (parties) and any witness(es) by the Response Team.  The Response Team has discretion to determine which questions to ask based on the likelihood that the question will elicit information relevant to the determination of responsibility for a violation of this Policy.
  • To be accompanied by an advisor of their choice to any meeting or proceeding related to the sexual misconduct complaint.  An advisor is any individual who provides a party support, guidance or advice.  Each party’s respective advisor may confer with and assist the party, but may not speak as an advocate or directly address the Response Team or any member of the Title IX Team through questions or otherwise.  Requests to be accompanied by an advisor must be submitted in writing to the Title IX Coordinator at least two (2) days after receiving notice of the charges.  Exceptions to this timeline will only be made when there are extenuating circumstances preventing the name of the support person to be submitted in timely fashion.
  • Written, simultaneous notice of the determination of responsibility.
  • If the Respondent is found responsible, to provide an impact statement for consideration of appropriate sanctions.
  • To be advised in writing of appropriate procedures for requesting an appeal.  Such notice will be included with the written decision disseminated to the parties.
  • Written notice of the decision on appeal, if applicable, and the finality of such decision.
  1. Resolution Procedures
  2. Formal Process
  3. Identification of Response Team

Within five (5) business days of receiving a complaint, the Title IX Team will appoint three of its members as a “Response Team” for each unique complaint.  In general, the Response Team selected shall include at least one faculty member, and shall have representation from both genders.  Each Response Team will promptly investigate the complaint to which it has been assigned.

  1. Investigation

The Response Team will endeavor to commence its investigation within five (5) business days of being convened.  The Response Team will meet and prepare a proposed protocol for the investigation—including among other things, the witnesses with whom it intends to meet and other types of information (written, electronic) it expects to collect—which it will discuss with the Title IX Coordinator.  Upon the Title IX Coordinator’s approval of the proposed protocol, the Response Team will commence its investigation.

In pursuing the investigation, the Response Team will take the Complainant’s wishes into consideration, however, the Response Team will thoroughly investigate the matter as it sees fit.  The Response Team may periodically inform the Complainant and Respondent of the status of the investigation.  The investigation process may include any or all of the following:

  • Interview the Complainant and the Respondent to ascertain all facts in connection with the alleged incident.
  • Determine the type of objectionable conduct and, if possible, the date(s) and location(s) of the conduct.
  • Ask the parties to identify any witnesses they believe have relevant information, ask the parties to share any questions they request that the Response Team ask such witnesses, and determine whether to interview the identified witnesses.
  • Remind the parties of CRCDS’ policy against retaliation.
  • Independently identify additional witnesses, if any, based on party interviews, and conduct interviews of witnesses the Response Team determines may have relevant information.
  • If applicable, develop a thorough understanding of the professional relationship, degree of control, and amount of interaction between the Respondent and Complainant.
  • Determine whether the Respondent has made and carried out any threats or promises directed at the Complainant.
  • Determine whether the Complainant knows of or suspects that there are other individuals who have been subjected to similar conduct by the respondent.  Receipt of any complaint shall be cause for a file review to determine if a prior complaint against the same person is on file.

While the requirement of an investigation means that confidentiality cannot be promised, as noted above, CRCDS will attempt to maintain confidentiality throughout the investigatory process to the extent practical and appropriate under the circumstances.

  1.             Prior Sexual History and/or Pattern Evidence

CRCDS’ Sexual Misconduct Policy addresses the limited permissible scope of prior sexual history or pattern evidence that may be considered during its determination of a complaint in the formal on-campus process, as well as a process for submission of such evidence for a determination of relevance by the Response Team.  In general, such information 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.  However, the mere fact of a current or previous dating or sexual relationship by itself is not sufficient to constitute consent.  Any prior sexual history of the Complainant with other individuals is typically not relevant and will not be permitted.

  1. Resolution of the Complaint

The Response Team will make an oral report to the remainder of the Title IX Team within five (5) business days of completing its investigation of a complaint.  The oral report may include a recommended finding and, if applicable, recommended sanctions.  The Title IX Team (exclusive of the Response Team members) will consider the information developed through the investigation, determine whether or not the alleged conduct is more likely than not to have occurred and, if so, whether the conduct violates this Policy.  If applicable, the Title IX Team will decide upon appropriate action to be taken, including determining sanctions.  The Title IX Team will communicate its findings and any sanctions to the Complainant and Respondent (including written notice given simultaneously) within three (3) business days of its determination.

If the Title IX Team finds that harassment or sexual misconduct occurred, the Respondent will be subject to appropriate sanctions (described below) implemented by the President of CRCDS.  The Complainant will be informed of the sanctions imposed upon the Respondent related to the alleged sexual misconduct.

The Complainant may request and the Title IX Team will independently evaluate whether any interim measures previously imposed should be extended and/or whether new or additional measures should be imposed in order to ensure the Complainant’s continued safety, security, and participation in an environment free from discrimination and harassment.  To the extent applicable, the Title IX Team will also consider appropriate additional remedies for the CRCDS community, which the Title IX Team will recommend to the President for consideration and potential implementation in a manner that will protect the confidentiality of the Complainant’s identity.

If the Title IX Team determines that no sexual harassment or sexual misconduct has occurred, the Title IX Coordinator or other member of the Title IX Team will also meet with the Complainant and Respondent to provide ongoing support, as needed.

  1. Sanctions

The Title IX Team will determine the appropriate sanctions, which will be implemented by the President of CRCDS.

Respondents found to have engaged in sexual misconduct or behavior constituting sexual harassment will be disciplined up to and including discharge, removal or expulsion from CRCDS.  In addressing incidents of sexual harassment, CRCDS’ response at a minimum will include reprimanding the offender and preparing a written record.  Additional action may include:  referral to counseling, clinical supervision by a licensed psychotherapist to reflect on one’s ministry, withholding of a promotion, reassignment, temporary suspension without pay, reduction in duties, discharge or removal or expulsion from CRCDS.

Sanctions, other than oral admonitions and written administrative warnings, may be appealed using the appeal procedures discussed below.

  1. Informal Process

Informal resolution includes a mediation between the parties facilitated by the Title IX Coordinator.  In most instances, the informal process will not be utilized if physical contact is involved in the complaint.  In all instances, mediation will not be utilized when allegations of sexual violence are made.

In the event that informal resolution is not achieved, either the Complainant or Respondent may request that the complaint proceed to formal resolution.

  1. Grounds for Appeal

The Respondent and the Complainant both have the right to appeal to the President of CRCDS.  Any request for appeal must be received by the Office of the President on or before a date, specified in the notice of outcome, which shall be no later than five (5) calendar days after the receipt of the written notice of outcome.  In the absence of the President, a designated individual from the CRCDS senior administrative staff will be appointed by the Title IX Coordinator to hear the appeal.

An appeal may be requested if a party believes one or more of the following conditions exists:

  1. previously unavailable relevant evidence that could significantly impact the finding of the hearing;
  2. procedural error(s) that had a material impact on the fairness of the hearing; and/or
  3. the sanctions imposed were substantially disproportionate to the violation committed.

If the designated Title IX Coordinator believes it is appropriate, Interim Suspensions or Conditions may be imposed during the time of an appeal or until the time to appeal has passed.

The President will decide an appeal within five (5) business days of receipt of the written appeal.  In the event that the President determines that the appeal satisfies one of the grounds stated above, the President may promptly remand the matter to the Title IX Team for reconsideration.   In the event that the President determines that the appeal does not satisfy any of the grounds stated above, then the President shall implement the recommendation of the Title IX Team.  Parties will receive simultaneous written notification of the President’s decision of an appeal.

All decisions made by the President are final.

CRCDS will complete publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifying information about the victim, as defined in section 40002(a)(20) of the Violence Against Women Act of 1994.

Information Regarding Registered Sex Offenders:
This statement is provided in compliance with the Campus Sex Crimes Prevention Act of 2000.  In New York State you may call 1-800-262-3257 to determine if someone is on the New York State Sex Offender Registry. You will need the name of the offender and one of the following: an exact address, a complete date of birth, a driver's license number or a social security number.

You may also access the Subdirectory of Level 3 Sex Offenders at the following web site, http://criminaljustice.state.ny.us/nsor/index.htm.   This registry and its website are maintained by the New York State Division of Criminal Justice Services.

Fire Statistics at On-Campus Student Housing:

1/1 – 12/31/14 1/1 – 12/31/13 1/1 –   12/31/12 1/1 –   12/31/11 1/1 –   12/31/10
Saunders Hall 0 0 0 0 0
Andrews Hall 0 0 0 0 0

Note:  Fire statistics were not required to be included in this report prior to 2009.  Two fire drills or activation of the evacuation system for each building were conducted in 2013.

The Lease Contract for on-campus student housing apartments states that the use of open flame devices inside the building is prohibited.  Smoking will be allowed in private apartments provided that the smoke does not disturb other residents.  Electrical appliances with exposed heating coils including, but not limited to, immersion heaters and corn poppers utilizing oil are also prohibited as are extension cords for any purpose.  Questions about approved devices should be brought to the Director of Facilities. 

On-campus student housing apartments are each equipped with a smoke detector and heat detector.  When set off, the fire alarm evacuation tones will be audible within the building and will also notify the Central Station that monitors these alarms 24 hours a day, 7 days a week.  Central Station will immediately notify the Director of Facilities or Campus Security and the Rochester Fire Dept.

All students receive the written policy for fire safety in the Campus Life Handbook and specific education/training during orientation.  Students living in on-campus housing also receive guidance in the Apartment Lease Contract – Rules and Regulations for CRCDS Apartments.

Emergency Response and Evacuation Procedures:

During an emergency the orderly evacuation and relocation of students, staff, and faculty from the CRCDS campus under extreme emergency conditions may be required. Under such conditions:

The Director of Facilities shall, upon notification from proper authority such as: the Rochester City Police Department, Monroe County Fire Coordinator, the Monroe County Emergency Options Center (EOC); the Rochester Police Department; New York State Police, or the Monroe County Sheriff’s Department, implement the following evacuation procedures.

Warning Notification:

Upon notification of the need to evacuate a segment of the campus community, or as deemed necessary by an emergency responder, he/she will:

  • Notify the President and appropriate Vice President(s)
  • Coordinate with emergency personnel to evacuate students, staff, and faculty as necessary to Assembly Areas a safe distance from the hazard.
  • The Facilities Director or IT Director will send, without delay, mass notifications to the campus community via cell phones, telephones, texting, or e-mail the information and instructions necessary to maintain the safety of the community.

Building Evacuation Procedures:

  • When the fire alarm is activated or notification to evacuate a building is given, evacuation is mandatory.
  • Do not use the elevators
  • Close doors as you exit
  • Move all students and personnel to a safe area, away from the building in danger
  • Do not re-enter the building until authorized to do so by emergency personnel

Campus Evacuation Instructions:

The Director of Facilities or the Security Officer on duty shall take the following actions in coordination with local, city or county emergency response to relocate members of the campus community:

  • Proceed to Assembly Areas a safe distance away from the building in danger.
  • Advise community members of the situation and of potential hazards.
  • Advise the apartment residents of the location of shelters to which they are to be relocated and the routes to these shelters.

Annual Testing of Procedures:

Building Emergency Evacuation Drills or system activations will be conducted at least once per year.  Mass notification system tests will be conducted at least twice per year.

Distribution of This Report:

CRCDS complies with Clery Act reporting requirements through electronic distribution of the annual Campus Life: A Policy Handbook and posting on the School website.  Each member of the CRCDS community will be notified via e-mail message when the report is available online, including a direct link to the report.  Upon request, printed copies will be provided to prospective students and employees, current CRCDS community members, and other interested persons by the Director of Facilities.

CRCDS does not disclose crime victims’ personally identifiable information in publicly accessible crime logs or in the reporting of Clery crime statistics.

For Further Information:

Parties with questions or comments on this report should refer them to the Director of Facilities, telephone # (585) 340-9501.

 

[2] An advisor is any individual who provides the Complainant support, guidance or advice.  During formal hearings, the advisor may confer with and assist the Complainant, but may not speak for the Complainant as an advocate or directly address the Student Conduct Administrator/Student Conduct Hearing Board, the Respondent(s) or witnesses through questions or otherwise.