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Policy on Sexual Assault

The Fredonia campus will not tolerate sexual assault in any form, including acquaintance rape. Where there is reasonable cause to believe that the University regulations prohibiting sexual assault have been violated, the campus will pursue strong disciplinary action through its own channels. This discipline includes the possibility of suspension or expulsion/dismissal from the University.

A student charged with an act of sexual violence can be prosecuted under New York State criminal statutes and disciplined under the campus code of student conduct. Even if the criminal justice authorities choose not to prosecute, the campus can pursue disciplinary action. A student may be charged under Section 2(f) of the Standards of Behavior.

In addressing cases of sexual assault, the State University of New York at Fredonia works to ensure fairness and to provide support for all persons involved. Students who have questions about the procedures and protections provided in these cases are encouraged to contact the Office of Student Affairs and/or University Police. Students are also encouraged to take advantage of the Student Counseling Center and Student Health Center for further assistance.

Definition of Consent
Fredonia recognizes the following definition of consent: Affirmative consent is a clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity. Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression. Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop. Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.

Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases
The health and safety of every student at the State University of New York and its State-operated and community colleges is of utmost importance. Fredonia recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time a sexual violence incident occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Fredonia strongly encourages students to report incidents of sexual violence to campus officials. A bystander reporting in good faith or a victim/survivor reporting sexual violence to Fredonia officials or law enforcement will not be subject to campus conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the sexual violence.

Campus Climate Assessment Policy
Climate assessments afford institutions the opportunity to better understand their campus and to make informed decisions when it comes to providing a safe educational environment. Beginning in the 2015-2016 academic year, each State University of New York State-operated and community college will conduct a uniform climate survey that analyzes prevalence and attitudes regarding sexual harassment, including sexual violence, and other related crimes. The survey will address at least the following:

• Student and employee knowledge about:

• The Title IX Coordinator’s role; 
• Campus policies and procedures addressing sexual assault; 
• How and where to report sexual violence as a victim/survivor or witness; 
• The availability of resources on and off-campus, such as counseling, health, academic assistance; 
• The prevalence of victimization and perpetration of sexual assault, domestic violence, dating violence, and stalking on and off-campus during a set time period (for example, the last two years); 
• Bystander attitudes and behavior; and 
• Whether victims/survivors reported to the University and/or police, and reasons why they did or did not report. 

Beginning in the spring semester of 2015, the Chancellor or designee convened a group of scholars and practitioners to review methods of assessing campus climate, specific questions asked in past surveys, relevant data on responses and response rates, issues and problems encountered in survey implementation, and lessons learned from past surveys. The Chancellor or designee will gather this data and seek to develop a standardized survey, with the advice of relevant members of the SUNY community and knowledgeable outside entities, that uses established measurement tools, to be implemented every two years by all SUNY State-operated and community colleges beginning in the 2015-2016 academic year. This policy may be changed by the Chancellor or designee should federal and/or State legislation require a different process or duplicate efforts to assess campus climate via survey.

Sexual Violence Victim/Survivor Bill of Rights
The State University of New York and Fredonia are committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in University-wide and campus programs, activities, and employment. All victims/survivors of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus, off-campus, or while studying abroad:

The right to:

• Have disclosures of sexual violence treated seriously. 
• Make a decision about whether or not to disclose a crime or incident and participate in the conduct or criminal justice process free from outside pressures from University officials. 
• Be treated with dignity and to receive from University officials courteous, fair, and respectful health care and counseling services. 
• Be free from any suggestion that the victim/survivor is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such a crime. 
• Describe the incident to as few individuals as practicable and not to be required to unnecessarily repeat a description of the incident. 
• Be free from retaliation by the University, the accused, and/or their friends, family and acquaintances. 
• Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or conduct process of the University. 

Options in Brief:
Victims/survivors have many options that can be pursued simultaneously, including one or more of the following:

• Advocacy and Counseling
• CEASE, Counseling Center, LoGrasso Hall, (716) 673-3424
  • Campus, Education, Awareness, Support, and Effect (CEASE) is the violence prevention – victim services program at Fredonia. CEASE provides advocacy and referrals for Fredonia students that are survivors of sexual and interpersonal violence. We can answer questions, offer emotional support, and provide referrals for legal, medical, judicial, and counseling options.
• Counseling Center, LoGrasso Hall, (716) 673-3424
  • The Counseling Center can provide mental health services for survivors of sexual violence; services are free and confidential. For after-hours assistance from the Counseling Center, please contact University Police and ask for the counselor on-call. 
• The Anew Center of Jamestown (The Salvation Army), 1-800-252-8748
  • Provides a 24/7 helpline for survivors of sexual assault and relationship violence. The helpline can answer questions, provide referrals or send a victim advocate to meet with you.
• Medical Treatment and Evidence Collection
• Brooks Memorial Hospital can provide medical treatment to survivors of sexual assault. They can offer treatment for injuries, STD/STI testing and treatment, the morning after pill, and basic evidence collection (also known as 'rape kits'). Advocates from The Anew Center can be contacted to provide advocacy services. Survivors who have a sexual assault kit completed do not have to file a police report or press criminal charges.
  • Contact Information: 529 Central Avenue – Dunkirk, (716) 366-1111
• The Health Center can provide treatment for injuries, the morning after pill, and referrals to outside providers for additional services. The Health Center does not provide evidence collection services (also known as 'rape kits'). They can provide you with transportation to Brooks Hospital to have evidence collected.
  • Contact Information: LoGrasso Hall, (716) 673-3131
• Chautauqua County Health Department - Reproductive Health Services Clinic can provide free and confidential STD/HIV testing and treatment and the morning after pill.
  • Contact Information: 319 Central Avenue – Dunkirk, (716) 363-3660
• FRED ASSIST - Sexual health clinic that offers services to all Fredonia students. Services include: pap smears, testing for chlamydia and gonorrhea (urine test for males & females), emergency contraception (at clinics only), and hormonal contraception. Please see FRED ASSIST for a complete price list for services. Clinical services are provided by a medical staff and student volunteers staff office hours to answer questions regarding sexual health and make appointments for the clinic. Services are confidential.
  • Contact Information: LoGrasso Hall (rear of building), (716) 673-3396 
• To confidentially or anonymously disclose a crime or violation, who by law can maintain confidentiality and can assist in obtaining services (more information on confidential report is available in the Options for Confidentially Disclosing Sexual Violence Policy http://students.fredonia.edu/sexualassault/)
• Anonymously online: http://students.fredonia.edu/upd/updsilent
• Confidential: Counseling Center, LoGrasso Hall, (716) 673-3424;
• Make a report to:
  • An employee with the authority to address complaints, including the Title IX Coordinator, Director of Judicial Affairs, or a Human Resources employee; 
  • University Police; 
  • Local law enforcement; and/or 
  • Family Court or Civil Court. 

Copies of this Bill of Rights shall be distributed annually to students, made available on every University’s website, and posted in each campus residence hall, dining hall, and student union or campus center and shall include links or information to access the Sexual Violence Response Policy below and the Options for Confidentially Disclosing Sexual Violence.

Sexual Violence Response Policy
In accordance with the Victim/Survivor Bill of Rights, victims/survivors shall have the right to pursue more than one of the options below at the same time, or to choose not to participate in any of the options below:

I- Reporting:

• To report confidentially the incident to one of the following University officials, who by law may maintain confidentiality, and can assist in obtaining services (more information on confidential report is available in the Options for Confidentially Disclosing Sexual Violence Policy www.fredonia.edu/sexualassault)

• Anonymously online: http://students.fredonia.edu/upd/updsilent

• Counseling Center, LoGrasso Hall, (716) 673-3424;

• To disclose confidentially the incident and obtain services from the New York State, New York City or county hotlines: http://www.opdv.ny.gov/help/dvhotlines.html. Additional disclosure and assistance options are catalogued by the Office for the Prevention of Domestic Violence and presented in several languages: http://www.opdv.ny.gov/help/index.html (or by calling 1-800-942-6906), and assistance can also be obtained through: 
  • SurvJustice: http://survjustice.org/our-services/civil-rights-complaints/; 
  • Legal Momentum: https://www.legalmomentum.org/; 
  • NYSCASA: http://nyscasa.org/; 
  • NYSCADV: http://www.nyscadv.org/; 
  • Pandora’s Project: http://www.pandys.org/lgbtsurvivors.html; 
  • GLBTQ Domestic Violence Project: http://www.glbtqdvp.org/; and 
  • RAINN: https://www.rainn.org/get-help. 
  • Safe Horizons: http://www.safehorizon.org/. (note that these hotlines are for crisis intervention, resources, and referrals, and are not reporting mechanisms, meaning that disclosure on a call to a hotline does not provide any information to the campus. Victims/survivors are encouraged to additionally contact a campus confidential or private resource so that the campus can take appropriate action in these cases). 
• To report the incident to one of the following University officials who can offer privacy and can assist in obtaining resources (note that an official who can offer privacy may still be required by law and University policy to inform one or more University officials about the incident, including but not limited to the Title IX Coordinator): 
  • Title IX Coordinator; 
  • University Police;
  • Student Affairs;
  • Judicial Affairs;
  • Residence Life 
• To file a criminal complaint with University Police and/or with local law enforcement: 
  • University Police, 2nd Floor of Gregory Hall, (716) 673-3333
  • Fredonia Police Department, 9 Church St., Fredonia, NY, (716) 679-1531
• To file a report of sexual assault, domestic violence, dating violence, and/or stalking, and/or talk to the Title IX Coordinator for information and assistance. Reports will be investigated in accordance with University policy. If a victim/survivor wishes to keep their identity private, they may call the Title IX Coordinator anonymously to discuss the situation and available options: 
  • Title IX Coordinator, 143 Fenton Hall, (716) 673-3358
• When the accused is an employee, a victim/survivor may also report the incident to the Office of Human Resources or may request that one of the above referenced confidential or private employees assist in reporting to Human Resources. Disciplinary proceedings will be conducted in accordance with applicable collective bargaining agreements. When the accused is an employee of an affiliated entity or vendor of the University, University officials will, at the request of the victim/survivor, assist in reporting to the appropriate office of the vendor or affiliated entity and, if the response of the vendor or affiliated entity is not sufficient, assist in obtaining a persona non grata letter, subject to legal requirements and University policy. 
  • Human Resources Office, 511 Maytum Hall, (716) 673-3434
• You may withdraw your complaint or involvement from the University process at any time.

II- Resources:

• To obtain effective intervention services 

• Counseling Center, LoGrasso Hall, (716) 673-3424

• Student Health Center, LoGrasso Hall, (716) 673-3131. Sexual contact can transmit Sexually Transmitted Infections (STI) and may result in pregnancy. Testing for STIs and emergency contraception is available [provide contact information for one or multiple on or off-campus locations where students can obtain tests for STIs and describe whether such testing is free or at a cost]. 

• Fred ASSIST, LoGrasso Hall, (716) 673-3396

Within 96 hours of an assault, you can get a Sexual Assault Forensic Examination (commonly referred to as a rape kit) at a hospital. While there should be no charge for a rape kit, there may be a charge for medical or counseling services off-campus and, in some cases, insurance may be billed for services. You are encouraged to let hospital personnel know if you do not want your insurance policyholder to be notified about your access to these services. The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency funds. More information may be found here: http://www.ovs.ny.gov/files/ovs_rights_of_cv_booklet.pdf, or by calling 1-800-247-8035. Options are explained here: http://www.ovs.ny.gov/helpforcrimevictims.html.

III- Protection and Accommodations:

• When the accused is a student, to have the University issue a “No Contact Order,” meaning that continuing to contact the protected individual is a violation of University policy subject to additional conduct charges; if the accused and a protected person observe each other in a public place, it is the responsibility of the accused to leave the area immediately and without directly contacting the protected person. 
• To have assistance from University Police or other University officials in obtaining an Order of Protection or, if outside of New York State, an equivalent protective or restraining order. 
• To receive a copy of the Order of Protection or equivalent and have an opportunity to meet or speak with a University official who can explain the order and answer questions about it, including information from the Order about the accused’s responsibility to stay away from the protected person(s); that burden does not rest on the protected person(s). 
• To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension. 
• To have assistance from University Police in effecting an arrest when an individual violates an Order of Protection or, if outside of New York State, an equivalent protective or restraining order within the jurisdiction of University Police or, if outside of the jurisdiction or to call on and assist local law enforcement in effecting an arrest for violating such an order. 
• When the accused is a student and presents a continuing threat to the health and safety of the community, to have the accused subject to interim suspension pending the outcome of a conduct process. 
• When the accused is not a member of the University community, to have assistance from University Police or other University officials in obtaining a persona non grata letter, subject to legal requirements and University policy. 
• To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to ensure safety, prevent retaliation, and avoid an ongoing hostile environment. While victims/survivors may request accommodations through any of the offices referenced in this policy, the following office can serve as a point to assist with these measures: 
  • Title IX Office, 143 Fenton Hall, (716) 673-3358

IV- Student Conduct Process:

• To file student conduct charges against the accused. Conduct proceedings are governed by the procedures set forth in the University Student Handbook as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions. 
• Throughout conduct proceedings, the accused and the victim/survivor will have: 
• The same opportunity to have access to an advisor of their choice. Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct; 
• The right to a prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, and other issues related to sexual assault, domestic violence, dating violence, and stalking. 
• The right to an investigation and process conducted in a manner that recognizes the legal and policy requirements of due process and is not conducted by individuals with a conflict of interest. 
• The right to receive written or electronic notice of any meeting or hearing they are required to or are eligible to attend. 
• The right to have a conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than 10 days except when law enforcement specifically requests and justifies a longer delay. 
• The right to review available evidence in the case file. 
• The right to a range of options for providing testimony via alternative arrangements, including telephone/videoconferencing or testifying with a room partition. 
• The right to exclude prior sexual history or past mental health history from admittance in University disciplinary stage that determines responsibility. Past sexual violence findings may be admissible in the disciplinary stage that determines sanction. 
• The right to ask questions of the decision maker and via the decision maker indirectly request responses from other parties and any other witnesses present. 
• The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions. 
• The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the sanction(s). 
• The right to know the sanction(s) that may be imposed on the accused based upon the outcome of the conduct proceeding and the reason for the actual sanction imposed. For students found responsible for sexual assault, the available sanctions are suspension with additional requirements and expulsion/dismissal. 
  • Judicial Affairs, 604 Maytum Hall, (716) 673-3271
• The right to choose whether to disclose or discuss the outcome of a conduct hearing.

Options for Confidentially Disclosing Sexual Violence
The State University of New York and Fredonia want you to get the information and support you need regardless of whether you would like to move forward with a report of sexual violence to campus officials or to police. You may want to talk with someone about something you observed or experienced, even if you are not sure that the behavior constitutes sexual violence. A conversation where questions can be answered is far superior to keeping something to yourself. Confidentiality varies, and this document is aimed at helping you understand how confidentiality applies to different resources that may be available to you.

Privileged and Confidential Resources:
Individuals who are confidential resources will not report crimes to law enforcement or University officials without your permission, except for extreme circumstances, such as a health and/or safety emergency. At Fredonia, this includes:

• Fredonia’s Counseling Center: LoGrasso Hall, (716) 673-3424 

• Fredonia’s Health Center: LoGrasso Hall, (716) 673-3131
• Substance Abuse and Violence Prevention Coordinator: LoGrasso Hall, (716) 673-3424

Off-campus options to disclose sexual violence confidentially include (note that these outside options do not provide any information to the campus):

• Off-campus counselors and advocates. Crisis services offices will generally maintain confidentiality unless you request disclosure and sign a consent or waiver form. More information on an agency’s policies on confidentiality may be obtained directly from the agency. 
• Stacey Tanner, Director of Human Services: The Salvation Army Rape Crisis Services P.O. Box 368, Jamestown, NY 14702, (716) 664-6567 Office, 800-252-8748 Toll-Free Hot Line (stacey.tanner@use.salvationarmy.org) 
• The Anew Center: 1-800-252-8748
• WCA Hospital: Center for Excellence, SAFE (Sexual Assault Forensic Examiner) Nurse, Emergency Department (716) 487-0141, http://www.sthcs.org/safe.html

• Off-campus healthcare providers

Note that medical office and insurance billing practices may reveal information to the insurance policyholder, including medication and/or examinations paid for or administered. The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency compensation. More information may be found here: http://www.ovs.ny.gov/files/ovs_rights_of_cv_booklet.pdf, or by calling 1-800-247-8035. Options are explained here: http://www.ovs.ny.gov/helpforcrimevictims.html. 

Note that even individuals who can typically maintain confidentiality are subject to exceptions under the law, including when an individual is a threat to themselves or others and the mandatory reporting of child abuse.

Non-Professional Counselors and Advocates:
Non-professional counselors and advocates can also assist you without sharing information that could identify you. At Fredonia, this includes the CEASE program of the Counseling Center, LoGrasso Hall, (716) 673-3424. The CEASE Coordinator will report the nature, date, time, and general location of an incident to Fredonia's Title IX Coordinator, but will consult with you to ensure no personally identifying details are shared without your consent. These individuals are not considered confidential resources as discussed above.

Privacy versus Confidentiality:
Even Fredonia offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible under the law for tracking patterns and spotting systemic issues. Fredonia will limit the disclosure as much as possible, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

Requesting Confidentiality: How Fredonia Will Weigh the Request and Respond:
If you disclose an incident to a Fredonia employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to the institution’s request to initiate an investigation, the Title IX Coordinator must weigh your request against our obligation to provide a safe, non-discriminatory environment for all members of our community, including you.

We will assist you with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of your reporting choices. While victims/survivors may request accommodations through several University offices, the following office can serve as a primary point of contact to assist with these measures: The Office of Student Affairs, 6th floor of Maytum Hall (716) 673-3271. We also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify you or the situation you disclosed. We may seek consent from you prior to conducting an investigation. You may decline to consent to an investigation, and that determination will be honored unless the Fredonia’s failure to act may result in harm to you or other members of the Fredonia community. Honoring your request may limit our ability to meaningfully investigate and pursue conduct action against an accused individual. If we determine that an investigation is required, we will notify you and take immediate action as necessary to protect and assist you.

When you disclose an incident to someone who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality, Fredonia will consider many factors to determine whether to proceed despite that request. These factors include, but are not limited to:

• Whether the accused has a history of violent behavior or is a repeat offender; 

• Whether the incident represents escalation, such as a situation that previously involved sustained stalking, the increased risk that the accused will commit additional acts of violence; 

• Whether the accused used a weapon or force; 

• Whether the victim/survivor is a minor; and 

• Whether we possess other means to obtain evidence such as security footage, and whether the report reveals a pattern of perpetration at a given location or by a particular group. 

Public Awareness/Advocacy Events:
If you disclose a situation through a public awareness event such as “Take Back the Night,” candlelight vigils, protests, or other public event, the University is not obligated to begin an investigation. Fredonia may use the information you provide to inform the need for additional education and prevention efforts.

Anonymous Disclosure:
Incidents can be reported anonymously to University Police through the Silent Witness online form: http://students.fredonia.edu/upd/updsilent.

New York State Hotline for Sexual Assault and Domestic Violence: 1-800-942-6906

Institutional Crime Reporting
Reports of certain crimes occurring in certain geographic locations will be included in the University Clery Act Annual Security Report in an anonymized manner that neither identifies the specifics of the crime or the identity of the victim/survivor. Fredonia’s Title IX Coordinator can be reached at (716) 673-3358.

Fredonia is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when potentially compromising law enforcement efforts and when the warning itself could potentially identify the victim/survivor). A victim/survivor will never be identified in a timely warning.

The Family Educational Rights and Privacy Act allows institutions to share information with parents when (1) there is a health or safety emergency, or (2) when the student is a dependent on either parents’ prior year federal income tax return. Generally, Fredonia will not share information about a report of sexual violence with parents without the permission of the victim/survivor.