[Spring 2020 Campus Climate Survey results may be viewed at this link.]
Colgate Rochester Crozer Divinity School (CRCDS) wishes to create and sustain an academic environment that fosters a lifelong affinity for the CRCDS community.
Collegiality and civility are concepts suggested by the Biblical term koinonia. Koinonia refers to the quality or character of one’s association, communion or fellowship with others in which truth and wisdom are valued. Equally important is a sense of Christian civility. Treating one another with mutual respect and care lies at the heart of being part of a Christian community. Enhancing shared responsibility and mutual trust and improving internal communications are key to promoting justice and peace in the service of God’s beloved community, and in finding solutions to issues that may arise in seminary and Christian life.
CRCDS’ responses to issues of sexual misconduct and sexual harassment are to be governed by the spirit of koinonia and this Sexual Misconduct Policy (Policy).
This Policy has been developed to:
• reaffirm CRCDS’ institutional values,
• define community expectations,
• provide recourse for those individuals whose rights have been violated, and
• provide for fair and equitable procedures for determining when this Policy has been violated.
Download a copy of CRCDS's Policy on Title IX Sex Discrimination: Dating Violence, Domestic Violence, Sexual Assault, Stalking, and Title IX Sexual Harassment HERE.
CRCDS does not permit discrimination or harassment in its programs and activities on the basis of race, color, national origin, ancestry, sex, gender, gender identity, gender expression, sexual orientation, disability, age, religion, physical and/or mental disability, medical condition, veteran status, marital status or any other characteristic protected by institutional policy or federal, state or local law. CRCDS does not discriminate on the basis of sex or gender in its educational programs or in the context of employment.
CRCDS prohibits and will not tolerate 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 violence, 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 is committed to fostering a climate free from 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 through:
• clear and effective policies;
• a coordinated education and prevention program; and
• prompt and equitable procedures for resolving complaints.
CRCDS strongly encourages all of its community members to report information regarding any incident of sexual harassment, sexual violence, domestic violence, dating violence, and/or stalking directly to the Title IX Coordinator or any other “responsible employee” (defined further below).
Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §1681, et seq., a federal law, prohibits discrimination on the basis of sex in education programs and activities.
No person in the United States shall, on the basis of sex, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
Title IX. All public and private elementary and secondary schools, school districts, colleges, and universities receiving any federal funds must comply with Title IX. Title IX mandates that colleges and universities create an environment free from sexual discrimination and harassment for all community members.
Under Title IX, discrimination on the basis of sex includes sexual harassment, gender-based harassment, sexual violence, sexual assault, other forms of sexual misconduct, stalking, and domestic violence, dating violence. Sexual harassment is also prohibited under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and other applicable statutes.
CRCDS’ Title IX Coordinator is:
Rev. Paula B. Blue
Vice President for Institutional Effectiveness
Phone: (585) 340 – 9648
The Title IX Coordinator oversees CRCDS’ centralized review, investigation, and resolution of reports of sexual assault and harassment. The Coordinator also coordinates CRCDS’ compliance with Title IX, including equitable, timely, and effective processing of complaints regarding violations of rights protected by Title IX. The Title IX Coordinator is:
The Title IX Coordinator will be assisted in her/his efforts by a Title IX Team appointed annually by the President of CRCDS. To the extent feasible, these individuals should be representative of different genders, age groups, positions in the CRCDS community, and levels of seniority. Title IX Team members are trained annually in applicable legal requirements, as well as this Policy and CRCDS’ procedures, which are focused on protecting individuals who have experienced sexual harassment or violence and promoting accountability.
The Title IX Team has a shared responsibility for supporting, monitoring, and advising regarding CRCDS’ Title IX obligations and resources. Composition of the Team will be limited to a small circle of individuals who “need to know” in order to implement procedures under this policy. Inquiries or complaints concerning Title IX may be directed to any member of the Title IX Team. Any member of the Title IX Team is accessible to any member of the community for consultation and guidance. Upon completion of the cases it is currently investigating, the Title IX Team may be disbanded and a new Team appointed by the President. In the event that the Title IX Team fails to adhere to this Policy in a material respect, it may be disbanded prior to completing its cases and a new Title IX Team formed.
Due to recent staffing changes, CRCDS will not have a Title IX Team for the 2022-23 academic year. All Title IX matters should be reported to the Title IX Coordinator, at which time additional external expertise will be sought as needed.
Members of the CRCDS community who wish to report sexual harassment, gender-based harassment, sexual violence, sexual assault, other forms of sexual misconduct, stalking, domestic violence or dating violence can reach the Title IX Coordinator or any member of the Title IX Team using the contact information listed above Monday through Friday from 8:30 a.m. to 4:30 p.m.
An individual requiring emergency support or response should contact the Campus Security Coordinator at 585-397-0316 or another appropriate emergency support resource detailed in Section VII(B) below.
Prompt reporting to the Title IX Coordinator, a member of the Title IX Team or other “responsible employee” (defined further below) will not be a confidential report and will result in CRCDS commencing an investigation and taking appropriate action. Retaliation (as defined in Section V) against any person or group who makes a complaint, cooperates with an investigation, or participates in a grievance procedure is a violation of this Policy. Retaliation should be reported promptly to the Title IX Coordinator or any member of the Title IX Team for investigation, which may result in disciplinary action independent of any sanction or interim measures imposed in response to the underlying allegations of discrimination and/or harassment.
All CRCDS students, faculty, staff, administrators, visitors, and guests are expected to comply with federal, state, and local laws.
All members of the CRCDS community are expected to conduct themselves in a manner that does not infringe upon the rights of others. Any individual who is found to have violated this Policy may face disciplinary sanctions up to and including expulsion or termination of employment.
CRCDS encourages all community members to participate in creating a safe, welcoming, and respectful environment on campus. In particular, CRCDS expects that all CRCDS community members will take reasonable and prudent actions to prevent or stop an act of sexual misconduct to which they are a bystander. Taking action may include direct intervention when safe to do so, enlisting the assistance of friends, contacting law enforcement or seeking assistance from a person in authority. Community members who choose to positively intervene will be supported by CRCDS and protected from retaliation.
CRCDS will review this Policy periodically in order to capture evolving legal requirements and incorporate improvements based on practical experience.
WHO: This Policy applies to all members of the CRCDS community when engaged in conduct relating to CRCDS as defined below, including the administration, faculty, staff, Supervised Ministry supervisors, trustees, students, visitors, independent contractors, and other third parties who are on campus and involved in an incident of sexual misconduct (this can also be someone who witnessed an incident or who wishes to report an incident on behalf of another). The Policy applies to these parties regardless of sexual orientation or gender identity.
When used in this Policy, Complainant refers to the individual who identifies as being a victim or survivor of sex discrimination and 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, whether or not the individual decides to proceed with the on-campus complaint resolution process. A Respondent refers to the individual who has been accused of prohibited conduct under this Policy. A third party refers to any other participant in the process, including a witness to the incident or an individual who makes a report on behalf of someone else.
WHAT: This Policy prohibits and addresses all forms of sex discrimination and harassment, sexual harassment, sexual violence, stalking, domestic violence, dating violence, and sex- or gender-based harassment that does not involve conduct of a sexual nature against CRCDS community members of any sex, gender, gender identity, gender expression or sexual orientation. Please refer to the Prohibited Conduct and Related Definitions sections for a complete list of terms and prohibited acts.
WHERE: This Policy covers conduct that takes place on the CRCDS campus. This includes any building or property owned or controlled by CRCDS and used in direct support of, or in a manner related to, the school’s educational purposes, including campus buildings and public property within or immediately adjacent to and accessible from campus. This also includes any building or property not within the same reasonably contiguous geographic area of CRCDS that supports or relates to the school’s educational purposes and is frequently used by students. This Policy also covers conduct that takes place off campus that may have a nexus to the CRCDS community, such as work assignments outside of CRCDS, business trips, meetings, and school-related social events.
PROGRAMS: This Policy covers all educational or other campus programs, including but not limited to work or volunteer assignments outside of CRCDS.
ACTIVITIES: This Policy covers all campus and school-related activities, including, but not limited to, student organizations (academic, multicultural, religious, service, social and support, sports and recreational), community organizations with student and/or faculty participation, and all other educational or extracurricular events hosted by or at CRCDS.
RELATIONSHIPS: This Policy covers sexual misconduct occurring between individuals in various types of relationships. These include, but are not limited to, student to student, staff to staff, faculty member to faculty member, visitor/contracted employee to faculty/staff/student, faculty member to student, staff to student, and supervisor to subordinate. Sexual misconduct may be acts committed by an individual or collective actions committed by members of a group or organization. These acts may be committed against an individual or against a group or organization. These acts may be committed by a stranger, an acquaintance or someone with whom the victim has a social, romantic or intimate relationship. These acts may be committed by or against any individual, regardless of sexual orientation or gender identity.
There are specific procedures for resolving a report under this Policy—applicable to students, faculty, staff, and administrators—which are detailed in Section XI below.
CRCDS is committed to protecting the privacy of all individuals involved in a report of sexual harassment, sexual violence, stalking or domestic violence, dating violence. All CRCDS employees who are involved in CRCDS’ Title IX response—including the Title IX Coordinator and Title IX Team—receive specific instruction about respecting and safeguarding private information. Every effort will be made to protect the privacy interests of all individuals involved in a manner consistent with the need for a thorough review of the report.
A. Distinct Meanings of Privacy and Confidentiality
Privacy and confidentiality have distinct meanings under this Policy:
PRIVACY: Privacy generally means that information related to a report of misconduct will only be shared with a limited group of people. The use of this information is limited to those CRCDS employees who “need to know” in order to assist in the active review, investigation or resolution of the report. While not bound by confidentiality, these individuals will be discreet and respect the privacy of all individuals involved in the process. Even CRCDS offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a nonconfidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.
CONFIDENTIALITY: For purposes of this Policy, confidentiality means that designated individuals can keep specific information shared by an individual confidential but must report non-identifying information to the Title IX Coordinator. “Non-identifying information” includes only the nature, date, time, and general location of the incident. The individuals on campus who are bestowed with limited confidentiality are ordained faculty engaged in a pastoral counsel relationship with another member of the CRCDS community (students attending and faculty, staff, and administrators employed by the Divinity School). This limited reporting of information allows the Title IX Coordinator to track patterns, evaluate the scope of the campus incidents of sexual violence/assault, and formulate appropriate campus-wide responses. Reporting to an ordained faculty member acting in a pastoral counsel capacity will not trigger a CRCDS investigation that could reveal the Complainant’s identity or that the Complainant has disclosed the incident. On campus, Confidential Resources available to members of the CRCDS community include:
Any individual to whom you disclose can assist a Complainant in connecting with available resources.
Employees also may access confidential assistance through the Employee Assistance Program. Information shared with these resources will remain confidential and will not be shared with CRCDS or anyone else without express permission of the individual seeking services. CRCDS’ EAP program information is:
These resources, including contact information, are discussed more fully in Section VII(C) below.
B. Limitations on Confidentiality
1. Mandatory Child Abuse Reporting
All students and employees (faculty, staff, and administrators) of CRCDS, whether designated as a mandatory reporter under New York state law or not, are required to immediately report any suspected child abuse, neglect or sexual misconduct involving a minor to the Title IX Coordinator and/or the Campus Security Coordinator. The source of abuse does not need to be known in order to file a report.
2. Responsible Employees
In general, most employees do not have legally protected confidentiality. Under Title IX, higher education institutions are required to take immediate and corrective action if a “responsible employee” knew or, in the exercise of reasonable care, should have known about sexual or gender-based harassment that creates a hostile environment. The Office for Civil Rights defines a “responsible employee” as any employee who:
• has the authority to take action to redress the harassment;
• has the duty to report to appropriate school officials sexual harassment or any other misconduct by students or employees; or
• a student could reasonably believe has the authority or responsibility to take action.
Using this definition, all employees (with the exception of ordained faculty as discussed above and in Section VII below) are considered “responsible employees.” This includes all faculty, staff, and administrators. CRCDS requires that all “responsible employees” share reports of misconduct with the Title IX Coordinator or any member of the Title IX Team, including names of the individuals involved and any other details known.
The Title IX Coordinator will undertake an initial assessment of the conduct and the Complainant’s expressed preferences, if any, as to course of action. As part of the initial assessment and on an ongoing basis, the Title IX Coordinator will determine the necessity for any interim remedies or accommodations to protect the safety of the Complainant or the community. In addition, the Title IX Coordinator will consider the Complainant’s expressed preferences as to a course of action on an ongoing basis, as they may change over time.
3. Weighing a Request for Confidentiality
If a Complainant wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, CRCDS must weigh that request against CRCDS’ obligation to provide a safe, non-discriminatory environment for all students, including the Complainant. A Complainant’s request for confidentiality often will limit CRCDS’ ability to meaningfully investigate the incident and pursue disciplinary action against the Respondent(s). There are times when CRCDS may not be able to honor a reporting student’s request in order to provide a safe, non-discriminatory environment for all students.
The Title IX Coordinator and Vice President for Enrollment Services will evaluate requests for confidentiality after s/he or a responsible employee has received notice of alleged sexual violence.
If a Complainant requests that no personally identifiable information be shared with the Respondent or that no formal action be taken, CRCDS must balance this request with its dual obligation to provide a safe and non-discriminatory environment for all CRCDS community members and to remain true to principles of fundamental fairness that require notice and an opportunity to respond before action is taken against a Respondent.
When weighing a Complainant’s request for confidentiality or that no investigation or discipline be pursued, the Title IX Coordinator will consider a range of factors, including the following:
• the increased risk that the Respondent will commit additional acts of sexual or other violence, such as:
o whether there have been other sexual violence complaints about the same Respondent;
o whether the Respondent has a history of arrests or records from a prior school indicating a history of violence; and
o whether the Respondent threatened further sexual violence or other violence against the Complainant or others;
• whether the sexual violence was committed by multiple perpetrators;
• whether the sexual violence was perpetrated with a weapon;
• whether the Complainant is a minor;
• whether CRCDS possesses other means to obtain relevant evidence of the sexual violence (e.g., security cameras or personnel, physical evidence); and
• whether the Complainant’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.
The presence of one or more of these factors could lead CRCDS to investigate and, if appropriate, pursue disciplinary action. If none of these factors is present, CRCDS will likely respect the reporting student’s request for confidentiality.
If CRCDS determines that it cannot maintain a Complainant’s confidentiality, it will notify a Complainant prior to commencing an investigation, and will—to the extent possible—only share information with people responsible for handling CRCDS’ response. Alternatively, the course of action may include steps to limit the effects of the alleged misconduct and prevent its recurrence that do not involve formal disciplinary action against a Respondent or revealing the identity of the Complainant.
In the event that CRCDS proceeds with an investigation and is unable to maintain confidentiality, CRCDS will continue to evaluate methods and measures to protect the reporting student from retaliation or harm. The Title IX Coordinator will work with the reporting student to create a safety plan. Retaliation against the reporting student(s), whether by students or CRCDS employees, will not be tolerated.
CRCDS will also:
• assist the Complainant in accessing other available advocacy support, academic support, counseling, disability, health or mental health services, and legal assistance both on and off campus;
• provide other security and support, which could include issuing a no-contact order, helping arrange a change of living or working arrangements or course schedules (including for the Respondent pending the outcome of an investigation) or adjustments for assignments or tests; and
• inform the Complainant of her or his right to report a crime to campus or law enforcement and provide her or him with assistance if s/he wishes to do so.
CRCDS may not require a Complainant to participate in any investigation or disciplinary proceeding, however, the Complainant’s refusal to participate will limit CRCDS’ ability to fully investigate the matter and determine whether a violation of this Policy has occurred.
If CRCDS determines that it can respect a Complainant’s request for confidentiality, CRCDS will also take immediate action as necessary to protect and assist the Complainant. Such protection and assistance could include: issuing a no contact order, helping arrange a change of living or working arrangements or course schedules (including for the Respondent pending the outcome of an investigation) or adjustments for assignments or tests. CRCDS will also assist the Complainant in accessing other available advocacy support, academic support, counseling, disability, health or mental health services, and legal assistance both on and off campus.
Because CRCDS is under a continuing obligation to address the issue of sexual violence campus-wide, reports of sexual violence (including non-identifying reports) will also prompt CRCDS to consider broader remedial action, such as increased monitoring, supervision, and/or security at locations where the reported sexual violence occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/victimization surveys; and/or revisiting its policies and practices.
C. Timely Warnings
If a report of misconduct discloses a serious or continuing threat to the CRCDS community, the Campus Security Coordinator, in consultation with the Title IX Coordinator, may issue a campus-wide timely warning (which can take different forms, including an email to campus) to protect the health or safety of the community. Any such timely warning issued by CRCDS will omit the name of the Complainant; the Complainant’s name will not be released to the general public without the Complainant’s express consent. The release of the Respondent’s name to the general public is guided by laws including the Family Educational Rights and Privacy Act (FERPA) and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act).
D. Compliance with all Applicable Laws Related to Privacy and Confidentiality
All CRCDS proceedings will be conducted in compliance with the requirements of FERPA, the Clery Act, Title IX, and state and federal law. CRCDS will not release any information from such proceedings except as required or permitted by law and CRCDS policy.
Prohibited conduct includes all sexually-related conduct prohibited by state or federal law and the following:
A. Sexual Harassment
Any unwelcome sexual advance, request for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature when:
• submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, evaluation of academic work or participation in any aspect of a CRCDS program or activity; or
• submission to or rejection of such conduct by an individual is used as the basis for decisions affecting the individual; or
• such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance, i.e., it is sufficiently serious, pervasive or persistent as to create an intimidating, hostile, humiliating, demeaning or sexually offensive working, academic, residential or social environment under both a subjective and objective standard.
The first two types of conduct described above constitute quid pro quo, or “this for that,” harassment (for example: “I’ll give you this if you give me that” or “Because you won’t do this, I am denying you that”), and the third constitutes harassment that creates a hostile environment. A single isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to create a hostile environment, particularly if the harassment is physical.
Sexual harassment also includes gender-based harassment, which may include acts of verbal, nonverbal or physical aggression, intimidation or hostility based on sex or sex stereotyping, even if those acts do not involve conduct of a sexual nature.
• May be blatant and intentional and involve an overt action, a threat or reprisal, or may be subtle and indirect, with a coercive aspect that is unstated.
• Does not have to include intent to harm, be directed at a specific target or involve repeated incidents.
• May be committed by anyone, regardless of gender, age, position or authority. While there is often a power differential between two persons, perhaps due to differences in age, social, educational or employment relationships, harassment can occur in any context.
• May be committed by a stranger, an acquaintance or someone with whom the Complainant has an intimate or sexual relationship.
• May be committed by or against an individual or may be a result of the actions of an organization or group.
• May occur by or against an individual of any sex, gender identity, gender expression or sexual orientation.
• May occur in the classroom, in the workplace, in residential settings or in any other setting.
• May be a one-time event or can be part of a pattern of behavior.
• May be committed in the presence of others or when the parties are alone.
• May affect the Complainant and/or third parties who witness or observe harassment and are affected by it.
Examples of conduct that may constitute sexual harassment as defined above may include a severe, persistent or pervasive pattern of unwelcome conduct that includes one or more of the following:
• Physical conduct:
o unwelcome touching, sexual/physical assault, impeding, restraining or blocking movements
o unwanted sexual advances within the employment context
• Verbal conduct:
o making or using derogatory comments, epithets, slurs or humor
o verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations
o objectively offensive comments of a sexual nature, including persistent or pervasive sexually explicit statements, questions, jokes, or anecdotes
• Visual conduct:
o leering, making sexual gestures, displaying of suggestive objects or pictures, cartoon or posters in a public space or forum
o severe, persistent or pervasive visual displays of suggestive, erotic or degrading sexually oriented images that are not pedagogically appropriate
• Written conduct:
o letters, notes or electronic communications containing comments, words or images described above
• Quid pro quo conduct:
o direct propositions of a sexual nature between those for whom a power imbalance or supervisory or other authority relationship exists
o offering employment benefits in exchange for sexual favors
o making submission to sexual advances an actual or implied condition of employment, work status, promotion, grades or letters of recommendation, including subtle pressure for sexual activity, an element of which may be repeated requests for private meetings with no academic or work purpose
o making or threatening reprisals after a negative response to sexual advances
B. Sexual Assault
Having or attempting to have sexual intercourse or sexual contact with another individual:
• by force or threat of force;
• without effective consent; or
• where that individual is incapacitated.
Sexual intercourse includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand) or object, or oral penetration involving mouth to genital contact.
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.
C. Sexual Exploitation
When an individual takes non-consensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to:
• surreptitiously observing another individual’s nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved;
• non-consensual sharing or streaming of images, photography, video or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all parties involved;
• exposing one’s genitals or inducing another to expose their own genitals in non-consensual circumstances;
• knowingly exposing another individual to a sexually transmitted disease or virus without his or her knowledge;
• sexually-based stalking and/or bullying; and
• inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.
D. Domestic Violence
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.
E. Dating Violence
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 intimate partner violence.
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.
G. Physical Assault
Physical assault is a purposeful action meant to hurt another person. Examples include, but are not limited to, kicking, punching, hitting with or throwing an object or biting. When these acts occur in the context of domestic violence, dating violence or when the behavior is perpetrated on the basis of sex or gender, the conduct will be resolved under this Policy.
H. Harm to Others
Harm to others is words or types of conduct that threaten or endanger the health or safety of any person including physical abuse, verbal abuse, threats, intimidation, and/or harassment. This behavior is typically treated as a violation of CRCDS’ Student Conduct Code and expectations of professionalism for faculty, instructional-staff, and staff. Acts that constitute harm to others and that are a form of domestic violence, dating violence or are based on sex or gender will be resolved under this Policy.
I. Bullying and Intimidation
Bullying includes any intentional electronic, written, verbal or physical act or a series of acts directed at another individual or group that is severe, persistent or pervasive and that has the intended effect of doing any of the following:
• substantially interfering with a student’s education;
• creating a threatening environment; or
• substantially disrupting the orderly operation of CRCDS.
Bullying is prohibited and participating in such acts will result in disciplinary action.
Intimidation is any verbal, written, or electronic threats of violence or other threatening behavior directed toward another person or group that reasonably leads the person(s) in the group to fear for her/his physical well-being. Intimidation is prohibited and will result in disciplinary action.
Anyone who attempts to use bullying or intimidation to retaliate against someone who reports an incident, brings a complaint, or participates in an investigation in an attempt to influence the resolution of a complaint will have retaliated as described within this Policy and will be subject to disciplinary action.
J. Indecent Exposure
A person commits indecent exposure if that individual exposes the individual’s genitals in any public place or in any place where there are present other persons under circumstances in which one knows or should know that this conduct is likely to offend, affront or alarm.
Acts or attempts to retaliate or seek retribution against the Complainant, Respondent or any individual or group of individuals involved in the complaint, investigation, and/or resolution of an allegation of sexual misconduct. Retaliation can be committed by any individual or group of individuals, not just a Respondent or Complainant. Retaliation can take many forms, including threats, intimidation, pressuring, continued abuse, violence or other forms of harm to others.
A. Affirmative Consent
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.
1. Prohibition of Certain Sexual Relationships and Sexual Contact:
CRCDS prohibits sexual relationships and sexual contact between members of the CRCDS community whenever there is a trust or confidentiality relationship with a power differential between the participants, whether or not there is actual or apparent consent.
Force is the use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity. Demonstration of use of force does not require that a Complainant resists the sexual advance or request. However, resistance by the Complainant will be viewed as a clear demonstration of non-consent.
Coercion is the improper use of pressure to compel another individual to initiate or continue sexual activity against that individual’s will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. Examples of coercion include threatening to “out” someone based on sexual orientation, gender identity or gender expression, and threatening to harm oneself if the other party does not engage in the sexual activity.
Incapacitation is a state where an individual cannot make an informed and rational decision to engage in sexual activity because the individual lacks conscious knowledge of the nature of the act (e.g., to understand the who, what, when, where, why or how of the sexual interaction) and/or is physically helpless. An individual is incapacitated, and therefore unable to give consent, if the individual is asleep, unconscious or otherwise unaware that sexual activity is occurring.
Incapacitation may result from the use of alcohol and/or drugs. Consumption of alcohol or other drugs alone is insufficient to establish incapacitation. The impact of alcohol and drugs varies from person to person, and evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs impact an individual’s:
• decision-making ability;
• awareness of consequences;
• ability to make informed judgments; and
• capacity to appreciate the nature and the quality of the act.
Evaluating incapacitation also requires an assessment of whether a Respondent knew or should have known that the Complainant was incapacitated.
E. Alcohol or Other Drugs
In general, sexual contact while under the influence of alcohol or other drugs poses a risk to all parties. Alcohol and drugs impair a person’s decision-making capacity, awareness of the consequences, and ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.
Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual harassment, sexual violence, stalking or domestic violence, dating violence and does not diminish one’s responsibility to obtain consent.
Any individual affected by sexual violence or harassment—a Complainant, a Respondent, and/or a third party—will have equal access to support services through CRCDS and in the community, whether or not they decide to make a report to pursue an on-campus complaint, report to law enforcement, or decide not to make any type of report or complaint. CRCDS understands that deciding whether to make a report and choosing how to proceed can be difficult decisions, and thus encourages any individual who has questions or concerns to seek the support of campus and community resources. There are a number of community options for important initial responsive care, as well as many individuals on campus who can provide information about available resources and procedural options, and who can assist any party with a report under this Policy. CRCDS strongly encourages individuals to use all available resources, regardless of when or where the incident occurred.
A. Education and Prevention 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 will disseminate this Policy to all community members and provide this Policy to all new members 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 will 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 will offer programs and informational sessions to promote awareness and prevention of such issues throughout the year, including an overview of CRCDS’ policies and procedures, relevant definitions (including prohibited conduct, discussion of the impact of alcohol and illegal drug use, effective consent, safe and positive options for bystander intervention), and information about bystander information and risk reduction to ensure that all community members understand CRCDS’ commitment, are familiar with this Policy, and know that any complaint received will be investigated and appropriately resolved.
B. 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 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.
1. Campus Security Coordinator and Law Enforcement
CRCDS’ Campus Security Coordinator and law enforcement will provide assistance 24 hours a day, 365 days a year.
Campus Security Coordinator 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 at 911
• calling the New York State Police 24/7 hotline staffed by specially-trained responders at 1.844.845.7269
2. Emergency Health Care
Individuals who have experienced sexual violence should visit a local Emergency Department or the local medical provider of their choice for confidential emergency care.
• notify the Campus Security Coordinator at 585-397-0316; and
• 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 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
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 does preserve that option. Although it may be difficult following a sexual assault, individuals who are considering or may consider legal action should try not to shower, 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.
Please know that, in most instances, any health care provider will likely encourage an individual reporting 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. 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:
• Call Restore Sexual Assault Service’s 24 hour/day, confidential rape crisis hotline at
o 585.546.2777 (Monroe County)
o 800.527.1757 (Genesee, Livingston, Orleans & Wyoming Counties).
• Call Willow Domestic Violence Center’s 24 hour/day confidential hotline (585.232.7353) for victims of domestic violence.
• Call the 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.
C. 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.
As discussed in Section IV(A) above, different members of the campus community have different abilities to maintain confidentiality.
• Certain employees (ordained faculty) are designated as having limited confidentiality, meaning that they may talk to a Complainant in confidence and generally may report to the Title IX Coordinator only the nature, date, time, and general location of the incident without revealing any personally identifying information. Disclosures to these employees will not trigger an investigation against the Complainant’s wishes.
• All other employees (faculty, staff, and administrators) are required to report all details of an incident (including the identities of both the Complainant and Respondent) to the Title IX Coordinator. A report to these employees—“responsible employees”—constitutes a report to CRCDS and generally obligates CRCDS to take appropriate steps to address the situation. Even CRCDS offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a nonconfidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.
Below is a more detailed description of resources available at CRCDS.
1. On-Campus Confidential Resources
Ordained faculty engaged in pastoral counsel with a CRCDS community member can generally talk to a Complainant without any obligation to reveal to the Title IX Coordinator any personally identifying information about an incident. A Complainant can seek assistance and support from these individuals without triggering an investigation that could reveal the reporting student’s identity or that the student has disclosed the incident. Contact information for ordained faculty is as follows:
While maintaining a Complainant’s confidentiality, these individuals 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 Complainant to ensure that no personally identifying details are shared with the Title IX Coordinator. These individuals are also able to assist the Complainant in obtaining support services.
For after-hours mental health emergencies please call 911 or go to the Psychiatric Emergency Department at University of Rochester Medical Center (601 Elmwood Avenue in Rochester / 585.275.4501).
2. 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 Complainant requests the disclosure and signs a consent or waiver form.
a. Counselors and Advocates
Members of the CRCDS community may contact any of the following local resources for confidential support:
• 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).
• 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:
b. Health Care
notify the Campus Security Coordinator at 585-397-0316; and
• 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 to request an escort to the hospital.
D. Limitations Associated with Confidential Resources
An individual who speaks to any of the confidential sources listed above must understand that, if the individual wants to maintain confidentiality, CRCDS may be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator. Even so, these individuals will still assist the Complainant in receiving other necessary protection and support, such as victim advocacy, academic support or accommodations, disability, health or mental health services, and changes to living, working or course schedules. A Complainant who at first requests confidentiality may later decide to file a complaint with CRCDS or report the incident to law enforcement, which would likely result in investigation by law enforcement. CRCDS will assist the Complainant with further or formal action on or off campus.
Please note that, while the counselors, advocates, and health care providers listed above may maintain a Complainant’s confidentiality with respect to further reporting to CRCDS, their ability to maintain confidentiality may be limited in the following circumstances:
• If a counselor or health care provider believes that the individual seeking resources or support or someone else is in clear and imminent danger of harm, the counselor is legally obligated to inform proper authorities and others in order to help prevent the harm from occurring; in such cases the counselor or health care provider may also decide that it is in the individual’s best interest to contact the individual’s family and CRCDS officials.
• If an individual provides information indicating that a minor (someone under 18 years old) is being abused or has been sexually assaulted, the counselor or health care provider is legally required to notify proper authorities.
• In addition to mandated reporting requirements, there may be other circumstances in which a counselor or health care provider may decide it is necessary and/or appropriate to notify the minor’s parents.
• In rare cases, a court may order a counselor or health care provider to disclose information.
Significantly, if CRCDS determines that the Respondent(s) poses a serious and ongoing threat to the CRCDS community, CRCDS may decide to issue a timely warning to the community (discussed above). However, any such warning will not include any information that identifies the Complainant seeking resources and support.
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 ;
• 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.
A. Transcript Notations
New York law requires CRCDS to make specific notations on the transcripts of Respondents found responsible for the following conduct prohibited by this Policy: sexual assault, dating violence, domestic violence, and stalking.
• Students suspended after a finding of responsibility for any of the above prohibited conduct will receive the following notation on their transcript: “suspended after a finding of responsibility for a code of conduct violation.” Such notations will remain for at least one year after the conclusion of the suspension, at which point a suspended student can seek removal of the notation by appealing to the Title IX Coordinator, who will consult with the Vice President for Academic Affairs to determine the appeal.
• Students expelled after a finding of responsibility for any of the above prohibited conduct will receive the following notation on their transcript: “expelled after a finding of responsibility for a code of conduct violation.” Such notation shall not be eligible for removal.
• Students who withdraw pending resolution of alleged violations of this Policy will receive the following notation on their transcript: “withdrew with conduct charges pending.” Such notation shall not be eligible for removal unless the charges are later resolved.
• If CRCDS vacates a finding of responsibility for any reason, any such transcript notation shall be removed.
CRCDS shall maintain any written records related to each complaint in a confidential manner to the extent practicable and appropriate in the Office of the President.
The files for sexual misconduct cases will include: the written complaint, notices sent to the parties, documentation regarding no contact orders and other interim measures, Final Investigation Report, and appeal materials, if any. These files will be maintained for seven (7) years after a reported incident.
NEW YORK CRIME DEFINITIONS
The Violence Against Women Act (VAWA) and its proposed regulations require the inclusion of certain New York State definitions in a campus’s Annual Security Report and also require that those definitions be provided in campaigns, orientations, programs and trainings for employees and students. Definitions required include: consent; dating violence; domestic violence; sexual assault; and stalking.
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: less than 17 years old; or mentally disabled; or mentally incapacitated; or physically helpless; or committed to the care and custody of the state department of correctional services, a hospital, the office of children and family services and is in residential care, or the other person is 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.
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.”
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: Person’s related by consanguinity or affinity; Persons legally married to one another; Person 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.
SEXUAL ASSAULT: 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.
SEX OFFENSES; LACK OF CONSENT: Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without consent of the victim.
SEXUAL MISCONDUCT: When a person (1) engages in sexual intercourse with another person without such person’s consent; or (2) engages in oral sexual conduct or anal sexual conduct without such person’s consent; or (3) engages in sexual conduct with an animal or a dead human body.
CRIMINAL SEXUAL ACT
FORCIBLE TOUCHING: When a person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. It includes squeezing, grabbing, or pinching.
AGGRAVATED SEXUAL ABUSE
COURSE OF SEXUAL CONDUCT AGAINST A CHILD
FACILITATING A SEX OFFENSE WITH A CONTROLLED SUBSTANCE: A person is guilty of facilitating a sex offense with a controlled substance when he or she: (1) knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person’s consent and with intent to commit against such person conduct constituting a felony defined in this article; and (2) commits or attempts to commit such conduct constituting a felony defined in this article.
This Policy is based on and was adapted from several sources:
• The Campus Sexual Violence Elimination Act of 2013 (Campus SaVE Act, 2013 VAWA Reauthorization Act)
• Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
• Title IX of the Education Amendments of 1972, 20 U.S.C. §1681, et seq.
• Violence Against Women Act (VAWA)
• Implementation by Colleges and Universities of Sexual Assault, Dating Violence, Domestic Violence, and Stalking Prevention and Response Policies and Procedures, New York Education Law Article 129-B (enacted July 7, 2015)
• Occidental College Sexual Misconduct Policy http://www.oxy.edu/sexual-assault-resources-support/policies-procedures
• Policy and Programming Changes Pursuant to the Campus SaVE Provisions of the Violence Against Women Act, Office of General Counsel, State University of New York, January 2015 (updated from July 2014)
• Swarthmore College Sexual Assault and Harassment Policy http://www.swarthmore.edu/sexual-assault-and-harassment-resources/swarthmore-college-sexual-assault-and-harassment-policy
• United States Department of Education Office for Civil Rights, Dear Colleague Letter on Title IX Coordinators (April 24, 2015) http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201504-title-ix-coordinators.pdf
• United States Department of Education Office for Civil Rights, Questions and Answers on Title IX and Sexual Violence (April 29, 2014) http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf
• United States Department of Education Office for Civil Rights April 4, 2011 Dear Colleague Letter http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf
• Not Alone: The First Report of the White House Task Force to Protect Students From Sexual Assault (April 2014) http://www.whitehouse.gov/sites/default/files/docs/report_0.pdf
• Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties Title IX (January 19, 2001) http://www2.ed.gov/about/offices/list/ocr/docs/shguide.html
Inquiries concerning Title IX and this Policy may be directed to:
Title IX Coordinator
Rev. Paula B. Blue
Vice President for Institutional Effectiveness/Chief Operating Officer
Phone: (585) 340 – 9648
Inquiries or complaints concerning Title IX may be directed to the U.S. Department of Education’s Office for Civil Rights:
U. S. Department of Education, Office for Civil Rights
New York Office
32 Old Slip, 26th Floor
New York, New York 10005-2500
OCR National Headquarters
U. S. Department of Education
Office of Civil Rights, Customer Service Team
Mary E. Switzer Building
330 C. Street, S. W.
Washington, D. C. 20202
Inquiries involving employees may also be referred to:
New York State Division of Human Rights
One Monroe Square
259 Monroe Avenue, Suite 308
Rochester, New York 14607
New York State Division of Human Rights
Office of Sexual Harassment
55 Hanson Place, Suite 347
Brooklyn, New York 11217
Phone: 718.722.2060 or 1.800.427.2773
U.S. Equal Employment Opportunity Commission
131 Main Street NE Fourth Floor Suite 4NW02F
Washington, D.C. 20507
U.S. Equal Employment Opportunity Commission
New York District Office
33 Whitehall Street, 5th Floor
New York, New York 10004
U.S. Equal Employment Opportunity Commission
Buffalo Local Office
6 Fountain Plaza, Suite 350
Buffalo, New York 14202
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.
CRCDS encourages all community members to report sexual violence and harassment, including dating violence, domestic violence, and stalking, 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 with the Title IX Coordinator all information of which they are aware, including the identities of the parties involved in the sexual misconduct, if known. Even CRCDS offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a nonconfidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.
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.
B. 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 law, accordingly, an individual with questions about whether a specific incident violates criminal law will be directed to—and can ask for CRCDS’ help in connecting with—law enforcement or the Monroe County District Attorney’s Office. 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 Coordinator, 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.
C. 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
Rev. Paula B. Blue
Vice President for Institutional Effectiveness/Chief Operating Officer
Phone: (585) 340 – 9648
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. This also includes any report involving alleged misconduct by an employee.
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.
D. 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).
E. Reporting Considerations
1. Timeliness of Report, Location of Incident
While CRCDS does not limit the timeframe for reporting, Complainants and third-party witnesses are encouraged to report sexual assault and harassment as soon as possible in order to maximize CRCDS’ ability to respond promptly and effectively. If the Respondent is no longer a student or employee, CRCDS may not be able to take action against the Respondent, but it will still seek to meet its Title IX obligation by taking steps to end the harassment, prevent its recurrence, and address its effects.
An incident does not have to occur on campus to be reported to CRCDS. Off-campus conduct that is likely to have a substantial adverse effect on any member of CRCDS community or CRCDS may be covered under this Policy.
2. Amnesty for Personal Use of Alcohol or Other Drugs
The health and safety of every student at CRCDS is of utmost importance. CRCDS recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking or sexual assault, occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. CRCDS strongly encourages students to report to institution officials all types of conduct prohibited by this Policy, including but not limited to domestic violence, dating violence, stalking, and sexual assault.
A bystander acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to CRCDS officials or law enforcement will not be subject to disciplinary action by CRCDS for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking or sexual assault.
F. Statement Against Retaliation
As emphasized above, retaliation is a violation of CRCDS policy. CRCDS understands that retaliation can take many forms, may be committed by or against an individual or a group, and that a Respondent or third party may also be the subject of retaliation by another individual, including the Complainant.
An individual reporting sexual assault or harassment is entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is not later substantiated.
G. False Reporting
Given that a charge of sexual assault or harassment may have severe consequences, CRCDS takes very seriously the truthfulness of information provided in support of an allegation of sexual misconduct.
A Complainant who makes a report that is later found to have been intentionally false or made maliciously without regard for truth may be subject to appropriate sanctions, including the possibility of suspension and/or termination. To be clear: this provision does not apply to reports made in good faith, even if the facts alleged in the report are not substantiated by an investigation. In addition, the fact that no action is taken against the Respondent as a result of the complaint does not necessarily mean that the complaint was false or malicious.
Similarly, a Respondent or witness who is later proven to have intentionally given false information during the course of an investigation or judicial action may be subject to disciplinary action.
H. Reports Involving Minors
All members of the CRCDS community (students, faculty, staff, and administrators) with reasonable cause to suspect that a minor (a person under the age of 18) is a victim of child abuse, neglect or sexual harassment based on:
• information shared by the minor or any other individual; or
• personal observations or knowledge
must report the suspected child abuse, neglect or sexual harassment to the Title IX Coordinator or the Campus Security Coordinator.
The duty to report is triggered by reasonable suspicion or belief. There is no requirement that there be actual evidence of abuse, nor should any individual seek to investigate the matter before reporting. Any doubt as to whether or not to report should be resolved in favor of making the report to ensure that the appropriate professionals in child protective services can assess the report and evaluate the safety of the minor.
If any member of CRCDS community has reasonable cause to suspect that a minor has been abused or neglected—including reasonable cause arising as part of any program or activity offered or sponsored by CRCDS or any non-CRCDS groups using CRCDS facilities—or if a minor confides in a community member about abuse or neglect, the community member must immediately report the suspected abuse or neglect to the Title IX Coordinator or the Campus Security Coordinator.
The individual receiving the report will then notify the President of CRCDS that a report has been made. The Title IX Coordinator or Campus Security Coordinator. will also report the suspected abuse or neglect to the appropriate authorities, and the reporting community member’s presence may be requested during such report.
Members of the CRCDS community may also report abuse or neglect directly to the authorities by calling the New York Statewide Central Register of Child Abuse and Maltreatment (SCR) at its public hotline (800.342.3720) or one of the following numbers, as appropriate: 800.638.5163 (TDD/TTY) or 800.342.3720 (Video Relay System).
In the event that an individual makes a direct report to SCR, the individual must also submit a written report to Monroe County Child Protective Services within 48 hours of the oral report. The written report form (Child Protective Services form LDSS-2221A) is available at the New York State Office of Children and Family Services website at www.ocfs.ny.gov (click on Forms and then Child Protective Services to access LDSS-2221A). A reporting individual can also obtain the form from CRCDS’ Campus Security Coordinator. Any individual making a direct report to the state—whether a reporter mandated by New York law or this Policy—should also immediately inform the Title IX Coordinator or Campus Security Coordinator that he or she has made a report.
I. Take Back the Night and Other Public Awareness Events
Public awareness events such as “Take Back the Night,” the Clothesline Project, candlelight vigils, protests, “survivor speak outs” or other forums in which students disclose incidents of sexual violence are not considered notice to CRCDS for purposes of triggering its obligation to investigate any particular incident(s) of sexual violence. Such events may, however, inform the need for campus-wide education and prevention efforts, and CRCDS will provide information about students’ Title IX rights at these events.
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).
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.
B. Interim Suspensions or Imposed Leave
If the Vice President for Academic Affairs, in consultation with the Campus Security 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.
CRCDS strongly encourages prompt reporting and resolution of any and all issues concerning sexual misconduct or sexual harassment.
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.
All individuals involved in implementing the procedures below are annually trained in handling sexual harassment complaints, including complaints alleging sexual violence, dating violence, domestic violence, and/or stalking, the effects of trauma, impartiality, the rights of respondents (presumption of “not responsible” until investigation and resolution processes are complete), and the operation of CRCDS’ process.
When allegations of sexual misconduct or harassment are brought to CRCDS’ attention, CRCDS will promptly evaluate whether the Respondent should continue in the Respondent’s present position and what other interim remedial action is appropriate, as explained in Section X above, including measures intended to protect the Complainant and/ or the campus community.
The first step of this initial assessment will usually be a preliminary meeting between the Title IX Coordinator and the Complainant. The purpose of the preliminary meeting is to:
• assess the nature and circumstances of the allegation;
• address the immediate physical safety and emotional well-being of the Complainant;
• notify the Complainant of the right to contact law enforcement (or not) and seek medical treatment;
• notify the Complainant of the importance of preservation of evidence;
• provide the Complainant with information about on- and off-campus resources;
• notify the Complainant that the institution can provide assistance in initiating legal proceedings in family court or civil court;
• notify the Complainant of the range of interim accommodations and responses;
• provide the Complainant with an explanation of the procedural options;
• assess for pattern evidence or other similar conduct by Respondent;
• enter the report into CRCDS’ daily crime log;
• assess the reported conduct for the need for a timely warning under the Clery Act;
• discuss the Complainant’s expressed preference for the manner of resolution and any barriers to proceeding; and
• explain CRCDS’ policy prohibiting retaliation.
After this assessment, the Title IX Coordinator may direct that an investigation continue depending on a variety of factors, such as the Complainant’s wish to pursue disciplinary action, the risk posed to any individual or the campus community by not proceeding, and the nature of the allegation. Where possible, CRCDS will seek action consistent with the Complainant’s expressed preference for the manner of resolution.
CRCDS will utilize the formal procedure set forth below to investigate and resolve complaints of sexual misconduct.
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 sixty (60) days. 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 extension and the expected adjustment in time frames.
When a Complainant is pursuing criminal remedies at the same time as on-campus remedies and at the request of law enforcement, CRCDS may agree to defer its fact-gathering until after the initial stages of a criminal investigation at the request of law enforcement. 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, which will typically not require CRCDS not to pause its process more than ten days, except when law enforcement specifically requests and justifies a longer period of time.
2. Parties’ Rights
• To be treated with dignity, respect, and compassion by all persons involved in the disciplinary process.
• Information regarding CRCDS’ sexual misconduct resolution process.
• 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, including to have all information obtained during the course of the process be protected from public release until final determination unless otherwise required by law. In this regard, while parties are permitted to disclose or discuss the outcome of the process, CRCDS encourages parties to refrain from speaking publicly about the result of student conduct cases.
• To be notified in advance of any meeting they are required or eligible to attend, of the specific rule, rules or laws alleged to violated and in what manner, and the sanction(s) that may be imposed on the Respondent based on a finding of responsibility.
• To be notified of the charge(s) of violation(s) of this Policy against the Respondent, including the following information:
o the date, time, location, and type of process (formal or informal);
o a brief factual summary of the conduct alleged to have violated the Policy, including date, time, and location;
o the specific Policy provision(s) at issue;
o possible sanctions associated with a finding of responsibility for the alleged Policy violation(s); and
o the members of the Response Team (explained further below) who will investigate the complaint (discussed further below).
• The right to request that the Title IX Coordinator remove a member of the Response 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 through questions or otherwise. Parties should identify their advisor of choice at the earliest opportunity during the process.
• To exclude their own mental health diagnosis and/or treatment from admittance in the institution disciplinary stage that determines responsibility. (See Section XI.B.1.b below)
• To exclude their own prior sexual history with persons other than the other party. (See Section XI.B.1.b below)
• To have timely and similar access for review of available information and evidence in the case file or otherwise in CRCDS’ possession or control, and relevant to the conduct case, and to present such information and evidence consistent with institution policies and procedures.
• Written, simultaneous notice of the determination of responsibility with findings of fact, the disciplinary sanction(s) (if applicable), and the rationale for the decision and sanction.
• 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
1. Formal Process
a. Identification of Response Team
Within five (5) business days of receiving a complaint, the Title IX Team will appoint two of its members as a “Response Team” for each unique complaint. If possible, 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. In certain circumstances, such as disqualification due to conflict of interest, the Response Team may involve an external investigator or investigators.
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 parties’ wishes into consideration, however, the Response Team will thoroughly investigate the matter as it sees fit. The Response Team will 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, and if any are identified, ask the parties to describe the information they expect each such witness to share and to advise the Response Team of 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.
• Ask witnesses to identify any others they believe have relevant information, and if any are identified, ask the witnesses to describe the information they expect each such witness to share and to advise the Response Team of any questions they believe the Response Team ask such witnesses, and determine whether to interview the identified witnesses
• Gather any physical evidence (voice mails, text messages, security logs, security videos, etc.) relevant to the complaint.
• 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 pursuing 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. The Response Team will strive to complete these investigation meetings within thirty (30) days of commencement of the investigation.
The Response Team will prepare a summary of each interview. Each interviewee will be given the opportunity to review and suggest revisions to their respective interview summary. The interview summary review may include suggestions with respect to other sources of information for the Response Team to review and consider. The Response Team has discretion to decide whether to explore and/or review any such other sources of information.
After receiving approval for all interview summaries, the Response Team will prepare a written Investigation Report containing a summary of the facts gathered during the investigation and findings of fact. In order to make its findings of fact, the Response Team will examine the information gathered, including any related documents or other physical or tangible evidence, and apply the preponderance of evidence standard (i.e. whether it is more likely than not) to determine whether or not that the actions in question occurred. The Response Team will in most cases complete the report within fifteen (15) days after receiving the final approved interview summary.
Upon completion of the Investigation Report, the parties will have an opportunity to review the entire report, after which they will have two (2) business days to submit a written response to the Response Team, including additional questions they would like asked of parties and/or witnesses. The Response Team has discretion to determine whether it is necessary to conduct any additional questioning or to seek any other further information indicated in the parties’ responses. Each party has the right to exclude their own prior sexual history with anyone other than the other party, as well as their own mental health diagnosis and/or treatment and can make a request for redaction of any such information contained in the Investigation Report (and any underlying document) as part of their response after review. The Response Team will evaluate such redaction requests in consultation with the Title IX Coordinator and, if deemed appropriate, will redact the information from the Investigation Report.
The Response Team will expand the Investigation Report to include the parties’ responses (and, if applicable, any additional information gathered after party responses) and its recommended finding(s) as to Respondent’s responsibility for a violation or violations of this Policy, as well as recommended sanctions (if applicable). The Response Team will provide the investigation Report to the Title IX Coordinator for review to determine whether any additional investigation may be advisable. In the event it is determined that further investigation would be prudent, the Title IX Coordinator and the Response Team will agree to the scope of additional investigation, which the Response Team will carry out. The Response Team will then supplement and finalize its Investigation Report accordingly to produce the Final Investigation Report.
c. Resolution of the Complaint
The Response Team will then present its Final Investigation Report to the Title IX Coordinator, at which point the Title IX Coordinator will consider the information contained in the Final Investigation Report, 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 Coordinator will decide upon appropriate action to be taken, including determining sanctions, which may be those recommended by the Response Team. Past findings of domestic violence, dating violence, stalking, and/or sexual assault may be considered as part of any sanctions determination.
The Title IX Coordinator will communicate the findings and any sanctions to the Complainant and Respondent (including written notice given simultaneously) within three (3) business days of its determination. The written notice of outcome will include the decision with findings of fact, the disciplinary sanction(s) (if applicable), the rationale for the decision and sanction, and information about the appeal process.
If the Title IX Coordinator finds that harassment or sexual misconduct occurred, the Respondent will be subject to appropriate sanctions (described below). The Complainant will be informed of the sanctions imposed upon the Respondent related to the Complainant and/or alleged sexual misconduct.
The Complainant may request and the Title IX Coordinator will independently evaluate whether any interim measures (described in Section X above) 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 Coordinator will also consider appropriate additional remedies for the CRCDS community, which the Title IX Coordinator 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 Coordinator determines that no sexual harassment or sexual misconduct has occurred, the Title IX Coordinator will also meet with the Complainant and Respondent to provide ongoing support, as needed.
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.
2. 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.
Sanctions, other than oral admonitions and written administrative warnings, may be appealed using the appeal procedures discussed below.
C. Grounds for Appeal
The parties have equal opportunity to appeal the determination. Requests for appeals of decisions must be made in writing to the Vice President for Academic Affairs on or before a date, specified in the notice of outcome, which shall be no later than five (5) calendar days after the parties’ receipt of the written notice of outcome.
Acceptable grounds for an appeal are limited to:
• the sanctions imposed are substantially disproportionate to the violation found to have been committed; and/or
• procedural error(s) that could significantly impact the outcome of a case.
Previously unavailable relevant information that could significantly impact the outcome of the determination must be brought to the attention of the Title IX Coordinator, who will reconvene the Response Team to determine whether the information would have affected the outcome.
If the Title IX Coordinator determines it appropriate, interim suspensions or conditions may be kept in place and/or imposed during the time of an appeal or until the time to appeal has passed.
Upon receipt of a request for an appeal, the Vice President for Academic Affairs will convene an appeals panel consisting of the Vice President for Academic Affairs and a member of the Title IX Team who did not serve on the Response Team for the appealed matter. The appeals panel is charged with determining whether the appeal will be accepted based upon the two criteria set forth above. The panel will then initiate one of the following actions:
• Reject the request for appeal due to insufficient reason(s).
• Analyze the materials related to the appeal and render a decision.
In the event that an appeal is accepted, the non-appealing party will be permitted to read the appeal and invited to submit a response within forty-eight (48) hours. (If both parties appeal, both parties will be given the opportunity to read and respond to the appeal within forty-eight (48) hours.)
After considering the information submitted in support of and in opposition to the appeal, if any, the panel will take one of the following actions:
(1) deny the appeal thereby affirming the decision of the Response Team and Title IX Coordinator;
(2) remand the complaint to the original Response Team for further consideration on the grounds that there was a procedural irregularity that could be corrected in a review;
(3) direct the complaint to a new Response Team due to an extraordinary case where, in the opinion of the panel, the matter would be best addressed by a newly-constituted Team; or
(4) remand the matter to the Title IX Coordinator with a recommendation that the sanction(s) be modified, together with an explanation of why the original sanction(s) is deemed inappropriate.
When the panel takes action pursuant to section (1) above, the Vice President for Academic Affairs will issue simultaneous written notice of the outcome of the appeal to each party (copying the Title IX Coordinator), including the rationale for the decision.
When the panel takes an action specified in (2), (3) or (4) above, the Vice President for Academic Affairs will provide the Title IX Coordinator written notice of the panel’s decision, including the rationale for the decision. The Title IX Coordinator will then provide the parties written notice of the next steps in the process and/or of any sanction(s) modified pursuant to (4) above.
Decisions made during the appeal process are final, and there is no right to appeal from a decision made after remand of a matter related to (2) or (4) above.
In the case where option (3) is determined, a new investigation team will be formed and the investigation process will begin in consultation with the Title IX Coordinator.
The record of the appeal will consist of the letter of appeal, any written statements from the parties, and any written notices related to action on and/or outcome of the appeal. This record will be kept with the written record of the original decision.