INSTITUTIONAL SECURITY POLICIES AND CRIME STATISTICS
AND FIRE SAFETY REPORT
January 1, 2013 – December 31, 2013
Reporting Crimes and Emergencies:
The Divinity School has a security staff that is on duty from 4:00 in the afternoon until 8:00 in the morning on weekdays, and continuously on holidays and weekends through 8:00 a.m. Monday. 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 toa safe place, assist in contacting law enforcement, and 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 local 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.
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.
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.
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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:
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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.
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 investigation once a student has been missing for 24 hours. Depending on the circumstances, the designated emergency contact of the student will be notified by the Director of Facilities.
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, local law enforcement will be notified if that student is missing
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 entity that a student may be missing, CRCDS may use any or all of the following resources to assist in locating the student:
- Calling the student’s apartment;
- Entering a student’s apartment;
- 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;
- Securing a current photo of the student;
- Calling the student’s cell phone;
- Calling any other numbers on record;
- Sending the student an e-mail;
- Checking all possible locations mentioned by parties above as well as the library, lounges, and other student facilities.
- 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.
- 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.
Once all the information is collected and documented, and the Director of Facilities has been notified, CRCDS staff may contact the local police department to report the information. (Note: If in the course of gathering information as described above, foul play is evident or strongly indicated, the police should 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 local 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, intimate partner 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, intimate partner 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/.
CRCDS is committed to educating and promoting community awareness about the prevention of sex discrimination and harassment, sexual harassment, sexual violence, stalking, intimate partner 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 employeesreceive 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 and employees were offered on August 25, 2014 and August 26, 2013.
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:
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.
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.
Intimate Partner/Dating/Domestic Violence
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: 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.”
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 sexual, dating, domestic or other intimate relationship 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.
CRCDS will not tolerate intimate partner violence of any form. For the purposes of this Policy, CRCDS does not define intimate partner violence as a distinct form of misconduct. Rather, CRCDS recognizes 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 the Clery Act and the Campus SaVE Act, CRCDS will record and report all relevant incidents of intimate partner violence.
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.
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.
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.
CONSENT, ABBREVIATED: Clear, unambiguous, and voluntary agreement between the participating persons who are capable of consent to engage in specific sexual activity.
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. If and when spoken, the word “no” must always be understood to mean no, and should never be interpreted any other way. 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.
- 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. Relying solely upon non-verbal communication can lead to a false conclusion as to whether consent was sought or given.
- Not indefinite: Consent may be withdrawn by any party 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. Withdrawal of consent can be 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
Emergency 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 local law enforcement will provide assistance 24 hours a day, 365 days a year.
Campus Securitywill escort any community member toa 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
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 local 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.
2. 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.
Strong Memorial Hospital
601 Elmwood Avenue
Rochester, New York
1000 South Avenue
Rochester, New York
Rochester General Hospital
1425 Portland Avenue
Rochester, New York
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.
3. 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).
4. 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
- 585.546.2777 (Monroe County)
- 800.527.1757 (Genesee, Livingston, Orleans & Wyoming Counties).
- Alternatives for Battered Women’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:
Strong Hall, Room 203
Strong Hall, Room 207
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.
- Emergency Departments:
o Strong Memorial Hospital (601 Elmwood Avenue in Rochester / 585.275.4551), which has a Sexual Assault Forensic Examination (SAFE) Center; or
o Highland Hospital (1000 South Avenue in Rochester / 585.341.0725) to access a Sexual Assault Nurse Examiner; or
o call 585.922.4000 to access a Sexual Assault Nurse Examiner at Rochester General Hospital (1425 Portland Avenue in Rochester); or
o Psychiatric Emergency Department at University of Rochester Medical Center (601 Elmwood Avenue in Rochester / 585.275.4501)
- 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 to request an escort to the hospital.Restore Sexual Assault Service maintains a 24 hour/day, confidential rape crisis hotline:
o 585.546.2777 (Monroe County)
o 800.527.1757 (Genesee, Livingston, Orleans & Wyoming Counties).
- Alternatives for Battered Women 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:
o www.AetnaEAP.com (enter EAP4LIFE as log-in ID)
Reporting an Incident of Sexual Violence
CRCDS strongly encourages prompt reporting and resolution of any and all issues concerning sexual misconduct or sexual harassment. Individuals who have experienced sexual misconduct (including sexual violence) or sexual harassment have the option to pursue on-campus remedies, report to law enforcement, do both or do neither. The Title IX Coordinator or Campus Security staff can assist any individual in making a report to law enforcement.
Acknowledging a Complaint and Interim Measures
Upon receipt of a report of sexual assault, domestic violence, dating violence, stalking or any other type of sex discrimination or harassment, CRCDS will evaluate and impose reasonable and appropriate interim measures designed to eliminate the reported hostile environment and protect the parties involved.
For reporting individuals (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 the Sexual Misconduct 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 chooseto impose interim measures at its discretion to ensure the safety of all parties, the broader College community, and/or the integrity of the investigative and/or resolution process. CRCDS will provide Complainants written notice about these options for interim measures or accommodations. 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).
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;
- 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.
If the Vice President for Enrollment Services, in consultation with the Director of Facilities, 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 student who is suspected of violating this Policy, any rules, regulations or procedures of CRCDS or otherwise poses a risk of safety to the campus, until the time the resolution process, disciplinary action, or a hearing can be completed. This action assumes no determination of guilt and the hearing will be held as soon as possible.
Similarly, CRCDS may impose leave on any employee.
The terms of all such leaves shall be determined in CRCDS’ sole discretion.
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.
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.
2. 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.
B. Resolution Procedures
- Formal Process
- 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.
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.
c. 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.
d. 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.
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.
- 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.
C. 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:
- 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/or
- 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.
All decisions made by the President are final.
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 – 12/31/13||1/1 – 12/31/12||1/1 – 12/31/11||1/1 – 12/31/10||1/1 – 12/31/09|
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.
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 mandatoryDo 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.