Sexual Assault Prevention and Response

Title IX Coordinator: Lottie Jameson
Phone: 518-832-7741
Email: jamesonl@sunyacc.edu
Office: Scoville 326

Deputy Title IX Coordinator: Mindy Wilson
Phone: 518-743-2252
Email: wilsonm@sunyacc.edu
Office: Human Resources, Washington Hall

If you have observed or experienced any kind of sex discrimination (including sexual harassment or sexual violence), please contact Title IX Coordinator Lottie Jameson or Deputy Title IX Coordinator Mindy Wilson. They can explain your options for reporting and connect you to the right services and resources, as well as help you access on-campus accommodations. These options for support are all available to you whether or not you choose to engage in the Campus Conduct Process or report to law enforcement. The related College Policies section and Options for Confidentially Disclosing Sexual Violence section can be found below.

 

Sexual Violence Prevention Survey Results

What is Title IX?

Title IX of the Education Amendments of 1972 prohibits sex discrimination, including sexual harassment and sexual violence, in any education program or activity receiving federal financial assistance. The protections and sanctions of Title IX extend to the students and employees of SUNY Adirondack, as well as third parties to the campus.

Any observed or experienced incidents should be reported as soon as practicable to the Title IX Coordinator, and anyone who receives a report should reach out to the Title IX Coordinator as soon as practicable for assistance.

SUNY Adirondack affirms its policy to provide equal opportunity in employment and education through its commitment to creating a safe, fair and respectful environment for all students, employees and visitors. Sex discrimination in any form, including sexual harassment and sexual violence, is against the law and is a violation of SUNY Adirondack’s non-discrimination policy. Sexual discrimination in the form of sexual harassment is prohibited by Section 703 of Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. It is also a violation of New York State’s Human Rights Law.

We are aware of the sensitivity of situations involving sexual harassment and sexual violence and urge those who have observed or experienced any incident to seek support and assistance as soon as possible. A written complaint or formal grievance need not be made in order to seek advice or utilize resources. SUNY Adirondack offers the following to assist students and employees in understanding the options and support services available to them:

SUNY Adirondack Title IX Coordinator

  • The Title IX Coordinator will make sure you understand all of your rights and options for moving forward, as well as all of the resources available to you.
  • The Title IX Coordinator will work closely with Public Safety, the Dean for Student Affairs, and the Director of Human Resources in the filing and adjudication of complaints through our campus processes.

On- and Off-Campus Authorities

  • Anyone wishing to file a criminal complaint can contact Campus Public Safety, local or state police, and/or the Campus Sexual Assault Victims Unit.
  • The Title IX Coordinator can help connect you to any of these resources.

Confidential and Private Resources 

  • Your privacy will be respected and protected to the greatest extent practicable at all times, though strict confidentiality can only be guaranteed by licensed health professionals, off-campus victim advocates (such as employees at a Rape Crisis Center), and clergy.
  • SUNY Adirondack’s Counseling Center offers both private and confidential counseling services at no cost to students.
  • You can also access outside confidential support services, including hotlines and victim advocacy organizations.

The Title IX Coordinator, in conjunction with Student Affairs, Student Life, Counseling, and Human Resources, will provide training and educational programming throughout the year and as requested. Information and resources are always available from the Title IX Coordinator. 

Options for Confidentially Disclosing Sexual Violence

The State University of New York and SUNY Adirondack want you to have information and to get the support you need regardless of whether you want to move forward with a report of sexual violence to College officials or to police. You might want to talk with someone about something you observed or experienced, even if you aren’t sure it constitutes sexual violence. A conversation where questions can be answered is far better than keeping something to yourself. The related College Policies section and Options for Confidentially Disclosing Sexual Violence section can be found below.

SUNY has created a thorough list of resources available in New York State. Visit the SUNY Sexual Assault & Violence Response (SAVR) Resources to search by proximity to campus or by geographic region.

Updated: November 17, 2016

Individuals who are confidential resources will not report crimes to law enforcement or college officials without your permission, except for extreme circumstances such as a health or safety emergency. Please note that even individuals who can typically maintain confidentiality are subject to exceptions under the law, including the mandatory reporting of child abuse.

SUNY Adirondack Confidential Resources:

  • Holly Irion, Licensed Mental Health Counselor: 518-681-5620; irionh@sunyacc.edu; Washington Hall 118
  • Beth Braxton, Licensed Mental Health Counselor: 518-743-2249; braxtone@sunyacc.edu; Washington Hall 113

 

Off-campus Counselors and Advocates:

  • Planned Parenthood 24-Hour Rape Crisis Hotline: 866-307-4086
  • Domestic Violence Project 24-Hour Hotline: 518-793-9496
  • Saratoga County Wellspring Victim Services 24-Hour Hotline: 518-584-8188

Note that these outside services do not provide any information to SUNY Adirondack. They 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.

Off-campus Healthcare Providers:

  • Glens Falls Hospital SANE Program in the Emergency Department: 518-926-3000; 100 Park St.; Glens Falls, NY 12801
  • Saratoga Hospital SANE Program in the Emergency Department: 518-583-8313; 211 Church St., Saratoga Springs, NY 12866
  • Planned Parenthood Mohawk Hudson, Glens Falls Center: 518-792-0994; 135 Warren St., Glens Falls, NY 12801
  • Warren County Public Health: 518-761-6580; Warren County Municipal Center, 1340 State Route 9, Lake George, NY 12845
  • Washington County Public Health: 518-746-2400; Washington County Annex Building, 415 Lower Main St., Hudson Falls, NY 12839
  • Saratoga County Public Health: 518-584-7460, ext. 8365; Saratoga Community Health Center, 24 Hamilton St., Saratoga Springs, NY 12866
    • You MUST be a Saratoga County resident to use this clinic. Otherwise, please contact Warren or Washington County Public Health Services, which will assist any SUNY Adirondack student regardless of county of residence.

Note that medical office and insurance billing practices may reveal information to the insurance policyholder, including medication and/or examinations paid for or administered.

  • In the event that you choose to have a sexual assault forensic exam, we strongly encourage calling the Planned Parenthood Victim Advocacy Services 24-Hour Hotline (866-307-4086) or the Saratoga County Wellspring Victim Services 24-Hour Hotline (518-584-8188). One of their trained staff members can attend the exam with you as your advocate, offer support, and advise you through the process, including making sure your health insurance is not billed.
  • If you do not utilize advocacy services, you are encouraged to let hospital personnel know if you do not what your insurance policyholder to be notified about your access to these services.
  • The New York State Office of Victim Services (OVS) may be able to assist in compensating victims/survivors for health care and counseling services, including emergency compensation. More information may be found on OVS’s webpage for the Forensic Rape Examination (FRE) Direct Reimbursement Program, or by calling OVS at 800-247-8035.
    • A list of additional services offered by OVS can be found here.

Non-Professional counselors (those who are not licensed mental health counselors) and advocates can also assist you without sharing information that could identify you. At SUNY Adirondack, this includes our Counseling Center (Washington Hall 117; 518-743-2278 or frenchm@sunyacc.edu to schedule an appointment). Our counselors who are not licensed mental health counselors will report the nature, date, time and general location of an incident to the 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.

Even SUNY Adirondack offices and employees that 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 are responsible for tracking patterns and spotting systemic issues. SUNY Adirondack will limit the disclosure as much as possible, even if the Title IX Coordinator determines that a request for confidentiality cannot be honored. For information on how SUNY Adirondack weighs a request for confidentiality, see below.

 

If you disclose an incident to a SUNY Adirondack employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to SUNY Adirondack’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 reporting individuals may request accommodations through several college offices, the Title IX Coordinator can serve as a primary point of contact to assist with these measures (Lottie Jameson, Title IX Coordinator, 518-832-7741; jamesonl@sunyacc.edu). 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 nor 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 college’s failure to act does not adequately mitigate the risk of harm to you or other members of the SUNY Adirondack community. Honoring your request for confidentiality may limit our ability to meaningfully investigate and pursue conduct action against an accused individual.

When you disclose an incident to someone who is responsible for responding to and/or reporting sexual violence or sexual harassment but wish to maintain confidentiality, SUNY Adirondack will consider many factors to determine whether we must proceed despite your 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 reporting individual is a minor;
  • 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.

If the college determines that we must move forward with an investigation despite the request for confidentiality, the reporting individual or victim/survivor will be notified and the college will take immediate action as necessary to protect and assist them.

 

If you disclose a situation through a public awareness event such as “Take Back the Night,” candlelight vigils, protests, or other public event, SUNY Adirondack is not obligated to begin an investigation. The college may use the information you provide to inform the need for additional education and prevention efforts.

 

If a reporting individual wishes to keep their identity anonymous, they may call Title IX Coordinator Lottie Jameson anonymously to discuss the situation and available options (518-832-7741 or email jamesonl@sunyacc.edu).

Reporting individuals may also call the New York State Hotline for Sexual Assault and Domestic Violence (800-942-6906). The Hotline is for crisis intervention, resources, and referrals and is not a reporting mechanism.

 

Reports of certain crimes occurring in certain geographic locations will be included in the SUNY Adirondack Clery Act Annual Security Report in an anonymized manner that neither identifies the specifics of the crime nor the identity of the reporting individual or victim/survivor. Questions about recording crimes in the Annual Security Report can be directed to:

  • Lottie Jameson, Title IX Coordinator: 518-832-7741; jamesonl@sunyacc.edu; Scoville Learning Center Suite 326.
  • Joseph McDade, Director of Public Safety: 518-743-7233; mcdadej@sunyacc.edu; Residence Hall 164

SUNY Adirondack 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. (This is subject to exception when the warning could potentially compromise law enforcement efforts and/or when the warning itself could potentially identify the reporting individual or victim/survivor.) A reporting individual will never be identified in a timely warning.

The Family Educational Rights and Privacy Act (FERPA) allows the college the option to share information with parents when (1) There is a health or safety emergency, or (2) The student is a dependent on either parents’ prior year federal income tax return. Generally, SUNY Adirondack will not share information about a report of sexual violence with parents without the permission of the reporting individual.

 

Sexual Assault Prevention and Response Policies

SUNY Adirondack is committed to creating and maintaining an educational environment free from all forms of sex discrimination, including sexual misconduct. Specifically, SUNY Adirondack strictly prohibits the offenses of domestic violence, dating violence, sexual assault, stalking and all forms of sex discrimination. These acts violate a person’s feelings of trust and safety and can also substantially interfere with a student’s education. It is the policy of SUNY Adirondack that, upon learning that an act of sexual misconduct has taken place, immediate action will be taken to address the situation.

SUNY Adirondack encourages the reporting of sexual misconduct that is prompt and accurate. This allows the college community to quickly respond to allegations and offer immediate support of the victim. SUNY Adirondack is committed to protecting the privacy of victims and will work closely with students who wish to obtain confidential assistance regarding an incident of sexual misconduct. Certain professionals at the College are permitted by law to offer total confidentiality; those who do not maintain this privilege will nonetheless protect a student’s privacy to the fullest extent possible. All allegations will be investigated promptly and thoroughly, and both the victim and the accused will be afforded equitable rights during the investigative process. 

It is the collective responsibility of all members of the SUNY Adirondack community to foster a safe and secure campus environment. In an effort to promote this environment and prevent acts of sexual misconduct from occurring, the college engages in ongoing prevention and awareness education programs. All incoming students and employees are required to participate in these programs, and all members of the college community are encouraged to participate throughout the year in ongoing campaigns and trainings focused on the prevention of sexual misconduct on campus.

Scope

Who: This policy applies to all members of the SUNY Adirondack community, including students, faculty, staff, visitors, independent contractors, and other third parties who are on campus and involved in an incident of sexual misconduct (i.e. 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. 

What: This policy prohibits all forms of sexual misconduct. This broad term includes but is not limited to acts of sexual harassment, sexual violence, sexual coercion, sexual threats or intimidation, domestic violence, dating violence, sexual assault, stalking, and cyber-stalking. Please refer to the Annual Security Report for definitions of these specific crimes. 

Where: This policy covers conduct taking place on the college campus. This includes an building or property owned or controlled by SUNY Adirondack and used in direct support of, or in a manner related to, the school’s educational purposes, including residence halls, dining halls and public property within or immediately adjacent to and accessible from campus. This also includes any building or property owned or controlled by a student organization that is officially recognized by the college and any building or property not within the same reasonably contiguous geographic area of the college 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 college community.

Programs and Activities: This policy covers all educational, extracurricular, and athletic or other campus programs, as well as all campus and school-related activities, including but not limited to student organizations, community organizations with student and/or employee participation, and all other educational or extracurricular events hosted by the college.

Relationships: This policy covers sexual misconduct occurring between individuals in various types of relationships. 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, acquaintance, or by 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.

Academic Accommodations: The college is committed to ensuring the safety and well-being of the victim. A student who has been a victim of sexual misconduct may request an academic accommodation or change in residence after a report of sexual misconduct. Any individual who makes a request will receive appropriate and reasonable accommodation. Possible requests include the ability to change academic or work schedules, withdraw from or retake a class without penalty, access academic support such as tutoring services, and change residence hall assignments. Pursuant to Title IX, in most cases of sexual violence or sex discrimination, the college will endeavor to the extent practicable to change the schedule or accommodations of the accused student prior to changing the accommodations of the victim.

Interim Measures: In situations where it is necessary, the college will take immediate steps to protect victims pending the final outcome of an investigation. These steps include the accommodations listed above in addition to the issuing of no-contact orders. Pending resolution of the complaint, the accused may be prohibited from contacting the victim and may be placed on temporary suspension or denied access to the campus. The Ccollege may change the course schedule or residence assignment of the accused. Please refer to the Code of Conduct for disciplinary procedures related to acts of sexual misconduct.  

Confidentiality:  The college is committed to maintaining the privacy of all individuals involved in a report of sexual misconduct. While the college encourages victims to report an incident of sexual misconduct to college officials, there are many options available for students to speak with someone about what happened while maintaining confidentiality. Please see the SUNY Adirondack webpage on Options for Confidentially Disclosing Sexual Violence for more information on confidentiality.

Burden of Proof: The burden of proof in all cases is “preponderance of the evidence,” whether it is “more likely than not” that the sex discrimination, dating violence, domestic violence, sexual assault, or stalking occurred. If the evidence presented meets this standard, then the respondent must be found responsible.

Updated: Sept. 28, 2018

In accordance with the Students’ Bill of Rights, reporting individuals shall have the right to pursue one of the options below, 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:

Reporting

  • Confidentially disclose an incident to one of the SUNY Adirondack officials below who, by law, maintain confidentiality and can also assist you in accessing resources and services.
    • Holly Irion, Licensed Mental Health Counselor: 518-681-5620; irionh@sunyacc.edu; Washington Hall 118
    • Beth Braxton, Licensed Mental Health Counselor: 518-743-2249; braxtone@sunyacc.edu; Washington Hall 113
  • Confidentially disclose an incident to and obtain services from a county, state or national hotline.
  • Local to SUNY Adirondack:
    • Planned Parenthood 24-Hour Rape Crisis Hotline: 1-866-307-4086
    • Domestic Violence Project 24-Hour Hotline: 518-793-9496
    • Saratoga County Wellspring Victim Services 24-Hour Hotline: 518-584-8188
  • New York State:
  • NOTE: Hotlines are for crisis intervention, resources and referrals, and their staff members are well-trained to help victims of sexual violence. However, they are services distinct from the College, meaning that hotlines do not provide SUNY Adirondack with any information. We strongly encourage you to additionally contact a campus resource so we are aware of your situation and can provide you with additional support and resources.
  • ​​Assistance can also be obtained from:
    • ServJustice: A national not-for-profit organization that increased the prospect of justice for survivors by holding both perpetrators and enablers of sexual violence accountable. 
    • Legal Momentum: A national nonprofit organization that leads action for the legal rights of women. 
    • New York State Coalition Against Sexual Assault: NYSCASA's member rape crisis programs provide free, confidential services including: 24/7 emergency hotline; individual counseling; support groups; advocacy and accompaniment through medical, law enforcement and court systems; information; and referrals. 
    • New York State Coalition Against Domestic Violence: You can use the NYSCADV program director to find a confidential domestic violence hotline for crisis help, safety planning, emotional support, and help finding resources in your area including safe shelter, advocacy, counseling and legal assistance.
    • Pandora's Project: A nonprofit organization dedicated to providing information, support and resources to survivors of rape and sexual abuse and their friends and families. 
    • GLBTQ Domestic Violence Project: Provides free and confidential support and services for gay, lesbian, bisexual, transgender and queer survivors of domestic and sexual violence through work to increase safety, security and empowerment through direct services, education and advocacy. 
    • Rape, Abuse & Incest National Network (RAINN): RAINN operates the National Sexual Assault Hotline (1-800-656-4673) in partnership with more than 1,000 local sexual assault service providers across the country. 
    • Safe Horizon: Provides compassionate and expert support for people who have experienced domestic and intimate partner violence, child physical and sexual abuse, human trafficking, stalking, youth homelessness, and violent crimes committed against a family member and within communities. 
  • Disclose the incident to one of the college officials below who will offer privacy, and can provide information about remedies, accommodations, evidence preservation, and how to obtain resources.
  • Counseling Center: 518-743-2278, Washington Hall
    • Seeing a SUNY Adirondack counselor is always free of charge to students. Additionally, our counselors can help you make arrangements to see an off-campus counselor free of charge for up to eight (8) sessions and on a sliding payment scale thereafter.
  • Title IX Coordinator Lottie Jameson: 518-832-7741; jamesonl@sunyacc.edu;  Scoville Learning Center Room 326
  • Campus Public Safety: 518-743-7233; Residence Hall 164-166
  • These resources will provide the information contained in the Students’ Bill of Rights, including the right to choose when and where to report, the right to be protected by the college from retaliation, and the right to receive assistance and resources from the college.
  • These resources will disclose that they are private, not confidential, resources; they will nevertheless protect your privacy to the very best of their ability. They may still be required by law and college policy to inform certain officials, like the Title IX Coordinator, about the incident
  • These resources will notify you that the criminal justice process uses different standards of proof and evidence than college procedures, and any questions about the penal law or the criminal process should be directed to law enforcement officials or a district attorney.

 

  • File a criminal complaint with SUNY Adirondack Campus Public Safety and/or with local law enforcement and/or state police:
  • Campus Public Safety: 518-743-7233, Residence Hall 164-166, available 24 hours a day
  • Warren County Sheriff: 518-743-2500, 1400 State Route 9, Lake George, NY 12845
  • Washington County Sheriff: 518-746-2475, 399 Broadway, Fort Edward, NY 12828
  • Saratoga County Sheriff: 518-885-6761, 6010 County Farm Road, Ballston Spa, NY 12020
  • New York State Police 24-Hour Hotline to Report Sexual Assault on a New York College Campus: 844-845-7269
  • New York State Police Campus Sexual Assault Victims Unit Representative: Bill Shea, 518-783-3249, william.shea@troopers.ny.gov
  • Receive assistance from the Title IX Coordinator and/or Director of Public Safety in initiating legal proceedings in family or civil court.
  • 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.
  • Title IX Coordinator Lottie Jameson: 518-832-7741; jamesonl@sunyacc.edu; Scoville Learning Center Room 326)
  • Reports will be investigated in accordance with SUNY Adirondack policies and your identity shall remain private at all times if you wish to maintain privacy.
  • If you wish to keep your identity anonymous, you may call the Title IX Coordinator anonymously to discuss the situation and available options.
  • Complaints against an individual unaffiliated with SUNY Adirondack (i.e. an employee of an outside vendor) will be referred to the appropriate college officials who can, at your request, assist in discerning the appropriate body from which to seek disciplinary action.
    • We will also work with you to ensure your safety on our campus and provide access to appropriate resources, including assistance in obtaining a persona non grata letter, subject to legal requirements and college policy. 
  • You may withdraw your complaint or involvement from the SUNY Adirondack processes at any time.
  • At a minimum, at the first instance of your disclosure to a college official, the following information shall be presented to you:
    • “You have the right to make a report to Campus Public Safety, local law enforcement, and/or state police; to choose not to report; to report the incident to the College; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from the College.”

Resources

  • Visit the Resources for Support section for a thorough list of on- and off-campus resources available for immediate and ongoing support.

 

Protections and Accommodations

The following protections and accommodations are available through SUNY Adirondack. Contact the Title IX Coordinator for assistance. 

  • When the accused is a student, the College can issue a “No Contact Order” consistent with college policy and procedure, meaning that for the accused to continue contacting the protected individual is a violation of college policy subject to additional conduct charges.
  • If the accused and protected person observe each other in a public place, it is the responsibility of the accused to leave the area in a reasonable time and manner without directly contacting the protected person. 
  • If appropriate, the College may establish a schedule for parties seeking to use the same facilities without running afoul of the No Contact Order. 
  • Both the accused person and the reporting individual may request a prompt review, reasonable under the circumstances and consistent with SUNY Adirondack policies and procedures, of the need for and terms of a No Contact Order, including requests to modify the terms of or discontinue the Order. 
  • Assistance from SUNY Adirondack Public Safety and the Title IX Coordinator in initiating legal proceedings in family or civil court, including but not limited to obtaining an Order of Protection or, if outside of New York State, an equivalent protective or restraining order.
  • A copy of the Order of Protection or equivalent, and an opportunity to meet or speak with a college official, or to be connected with an outside resource, who can explain the order and answer questions about it, including an explanation of the consequences for violating these orders (including but not limited to arrest, additional conduct charges, and temporary suspension) and information from the Order about the accused’s responsibility to stay away from the protected person(s), as that burden does not rest on the protected person(s).
  • Director of Public Safety Joseph McDade: 518-743-7233; mcdadej@sunyacc.edu; Residence Hall 164
  • Title IX Coordinator Lottie Jameson: 518-832-7741; jamesonl@sunyacc.edu; Scoville Learning Center Suite 326. 
  • Assistance from Campus Public Safety in effecting an arrest when an individual violates an Order of Protection or, if outside New York state, an equivalent protective or restraining order within the jurisdiction of SUNY Adirondack Public Safety or, if outside of the jurisdiction of SUNY Adirondack Public Safety, 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 temporary suspension pending the outcome of a conduct process.
  • Both the accused person and the reporting individual may request a prompt review, reasonable under the circumstances and consistent with SUNY Adirondack policies and procedures, of the need for and terms of a temporary suspension, including requests to modify the terms of or discontinue the suspension. 
  • When the accused is not a student but is a member of the college community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements, employee handbooks and SUNY Adirondack policies and rules.
  • When the accused is not a member of the college community, to have assistance from SUNY Adirondack Public Safety or other college officials in obtaining a persona non grata letter, subject to legal requirements and college policy.
  • To obtain reasonable and available interim protective 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.
  • Both the accused person and the reporting individual may request a prompt review, reasonable under the circumstances and consistent with SUNY Adirondack policies and procedures, of the need for and terms of any interim measure and accommodation that directly affects him or her. Parties may submit evidence in support of their request to the Dean for Student Affairs or the Title IX Coordinator.
    • Title IX Coordinator Lottie Jameson: 518-832-7741; jamesonl@sunyacc.edu; Scoville Learning Center Room 326
  • While reporting individuals may request accommodations through any of the offices referenced in this policy, the Title IX Coordinator will serve as the main point of contact to assist with these measures.

 

Student Conduct Process

If not deemed jurisdiction for a Title IX Complaint, you may request that student conduct charges be filed against the accused. Conduct proceedings are governed by the procedures set forth in the SUNY Adirondack 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 respondent and the reporting individual will have:

  • The same opportunity to be accompanied by an advisor of their choice who may assist and advise the parties throughout the conduct process and any related hearings or meetings.
  • Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct.
  • Per SUNY Adirondack’s Code of Conduct, advisors may speak with their respective advisees during hearings and/or meetings, and advisees may request a brief recess from the hearing to consult with their advisor. However, advisors may not participate in the hearing or meeting process, i.e. by asking questions directly to college officials, attempting to present evidence, or speaking on behalf of their advisee.
  • Any advisor who does not abide by these instructions will be asked to leave at the discretion of the Dean for Student Affairs.   
  • The right to a prompt response to any complaint, and to have the complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the respondent (including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made) 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, including fairness, impartiality, and a meaningful opportunity to be heard, and is not conducted by individuals with a conflict of interest.
  • The right to receive advance written or electronic notice of the date, time, and location of any meeting or hearing they are required to or are eligible to attend. Accused individuals will also be told the factual allegations concerning the violation, a reference to the specific Code of Conduct provisions alleged to have been violated, and possible sanctions.
  • 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 offer evidence during an investigation and to review available relevant evidence in the case file (or otherwise held by SUNY Adirondack).
  • The right to present evidence and testimony at a hearing, where appropriate.
  • 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 with persons other than the other party in the conduct process or their own mental health diagnosis or treatment from admittance in the college disciplinary stage that determines responsibility.
  • Past findings of domestic violence, dating violence, stalking or sexual assault 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 decisions, sanction(s) (if any), and rationale.
  • For students found responsible for sexual assault, the available sanctions are suspension with additional requirements and dismissal.
  • For crimes of violence, including but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act, students who are suspended or dismissed from the College after a finding of responsibility of a Code of Conduct violation will have a notation made on their transcript that they were "suspended after a finding of responsibility for a Code of Conduct violation" or "dismissed after a finding of responsibility for a Code of Conduct violation."
    • For more information, please see the full Transcript Notation Policy in the College Catalog.  
  • Access to at least one level of appeal of a determination before a panel, which may include one or more students, that is fair and impartial and does not include individuals with a conflict of interest.
  • The right to have access to a full and fair record of a student conduct hearing, which shall be preserved and maintained for at least five years.
  • These records will be kept in the office of the Dean for Student Affairs, 518-743-2277, Student Center 211.
  • The right to choose whether to disclose or discuss the outcome of a conduct hearing. However, it should be noted that this does not allow students to unreasonably share private information in a manner intended to harm or embarrass another individual, or in a manner that would recklessly do so regardless of intention. Such sharing may be retaliation, which can result in separate charges under the Code of Conduct.
  • The right to have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel makes a final determination, unless otherwise required by law.

Updated: June 29, 2022

Grievance Policy for Addressing Formal Complaints of Sexual Harassment Under the Title IX Regulations 

Summary

Title IX of the Educational Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access our educational programs and opportunities. 

Policy

On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that: 

●    Defines the meaning of “sexual harassment” (including forms of sex-based violence)
●    Addresses how this institution must respond to reports of misconduct falling within that definition of sexual harassment, and
●    Mandates a grievance process that this institution must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment.

Based on the Final Rule, SUNY Adirondack will implement the following Title IX Grievance Policy, effective Aug. 14, 2020, and will only apply to formal complaints of sexual harassment brought on or after this date. 

Students and employees, including faculty and student workers, are treated the same under the Final Rule. Employees should receive the same benefits and due process protections that students receive. 

Definitions: 

Business Day: A “business day” means a day other than Saturday, Sunday, New York state and federal holidays, and days when SUNY Adirondack is closed. 

Complainant: For the purposes of this Title IX Grievance Policy, "Complainant" means any individual who has reported being or is alleged to be the victim of conduct that could constitute covered sexual harassment as defined under this policy. 

Consent: For the purposes of this Title IX Grievance Policy, "consent" means 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.  
a. 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. 
b. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. 
c. Consent may be initially given but withdrawn at any time.
d. 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 a lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending upon the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants, may be incapacitated and therefore unable to consent.  
e. Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm. 
f. When consent is withdrawn or can no longer be given, sexual activity must stop.
 

Covered Sexual Harassment: For the purposes of this Title IX Grievance Policy, “covered sexual harassment” includes any conduct on the basis of sex that satisfies one or more of the following: 
1.    An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
2.    Unwelcome conduct that a reasonable person would determine is so severe, pervasive and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity;
3.    Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent;
4.    Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.
5.    Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under New York domestic or family violence laws or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of New York. 
6.    Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to-
-    (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.
Note that conduct that does not meet one or more of these criteria may still be prohibited under the Sexual Misconduct Policy.  

Education Program or Activity: For the purposes of this Title IX Grievance Policy, SUNY Adirondack’s “education program or activity” includes: 
•    Any on-campus premises
•    Any off-campus premises that SUNY Adirondack has substantial control over. This includes buildings or property owned or controlled by a recognized student organization.
•    Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of SUNY Adirondack’s programs and activities over which the SUNY Adirondack has substantial control.

Formal Complaint: For the purposes of this Title IX Grievance Policy, “formal complaint” means a document – including an electronic submission — filed by a complainant with a signature or other indication that the complainant is the person filing the formal complaint, or signed by the Title IX Coordinator, alleging sexual harassment against a respondent about conduct within SUNY Adirondack’s education program or activity and requesting initiation of the procedures consistent with the Title IX Grievance Policy to investigate the allegation of sexual harassment.  

Parties: For the purposes of this Title IX Grievance process, “Parties” means the complainant and the respondent.  

Relevant evidence and questions: “Relevant” evidence and questions refer to any questions and evidence that tends to make an allegation of sexual harassment more or less likely to be true. “Relevant” evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of the Title IX Grievance Process: 
• Evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless:

o They are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
o They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. 34 C.F.R. § 106.45(6)(i).

Respondent: For the purposes of this Title IX Grievance policy, "Respondent" means any individual who has been reported to be the perpetrator of conduct that could constitute covered sexual harassment as defined under this policy. 

Other Related Information:

Other Campus Disciplinary Policies 
SUNY Adirondack remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule.  Specifically, SUNY Adirondack has a Sexual Misconduct Policy, that runs parallel to the Title IX Grievance Policy, to implement the New York Education Law 129-B to respond to violations falling outside Title IX jurisdiction. To the extent that alleged misconduct falls outside the Title IX Grievance Policy, or misconduct falling outside the Title IX Grievance Policy is discovered in the course of investigating covered Title IX misconduct, the institution retains authority to investigate and adjudicate the allegations through a separate grievance proceeding under the regulations and policies listed below.  

The elements established in the Title IX Grievance Policy under the Final Rule have no effect and are not transferable to any other policy of the College for any violation of the Code of Conduct, employment policies, or any civil rights violation except as narrowly defined in this Policy. This Policy does not set a precedent for other policies or processes of the College and may not be cited for or against any right or aspect of any other policy or process.  

Non-Discrimination in Application 
The requirements and protections of this policy apply equally regardless of sex, sexual orientation, gender identity, gender expression, or other protected classes covered by federal or state law. All requirements and protections are equitably provided to individuals regardless of such status or status as a Complainant, Respondent, or Witness. Individuals who wish to file a complaint about the institution’s policy or process may contact the Department of Education’s Office for Civil Rights using contact information available at https://ocrcas.ed.gov/contact-ocr.  

Disability Accommodations 
This Policy does not alter any institutional obligations under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance Process that do not fundamentally alter the Process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the parties, even where the parties may be receiving accommodations in other institutional programs and activities.  

Revocation by Operation of Law 
Should any portion of the Title IX Final Rule, 85 Fed. Reg. 30026 (May 19, 2020), be stayed or held invalid by a court of law, or should the Title IX Final Rule be withdrawn or modified to not require the elements of this policy, this policy, or the invalidated elements of this policy, will be deemed revoked as of the publication date of the opinion or order and for all reports after that date, as well as any elements of the process that occur after that date if a case is not complete by that date of opinion or order publication. Should the Title IX Grievance Policy be revoked in this manner, any conduct covered under the Title IX Grievance Policy shall be investigated and adjudicated under the existing SUNY Adirondack Sexual Misconduct Policy. 

Regulations and Policies 
Title IX Final Rule and Preamble 
http://bit.ly/TitleIXReg 

NYS Education Law Article 129B 
https://www.nysenate.gov/legislation/laws/EDN/A129-B 

SUNY Adirondack Board of Trustees Policy Manual: Section 7.03 B Sex Discrimination N:/Policies, Processes, Procedures and Guidelines/Board of Trustees/Section 7 Human Resources.pdf 

Adirondack Community College HR Guidelines for Employees [page 5-6] 
N:\College Operations\Human Resources\HR Guidelines for SUNY Adirondack Employees.pdf 

SUNY Adirondack Administrative Staff Handbook [page 9 – 10] 
N:\College Operations\Human Resources\Handbooks\SUNY Adirondack Administrative Staff Handbook 4.2020.pdf 

SUNY Adirondack Faculty Handbook 
Faculty Handbook 2015-2016.pdf 

SUNY Adirondack Sexual Misconduct Policy  
https://www.sunyacc.edu/sexual-assault-prevention-and-response 

Student Code of Conduct [page 67-70] 
https://www.sunyacc.edu/Handbook 2021-22.pdf 

3303 Sexual Harassment Response and Prevention 
N:/Policies, Processes, Procedures and Guidelines/Human Resources/3303 Sexual Harassment Response and Prevention.pdf  

3304 Sexual and Romantic Relationships 
N:\Policies, Processes, Procedures and Guidelines\Human Resources\3304 Sexual and Romantic Relationships.pdf 

3306 Non-Discrimination and Anti-Harassment 
N:\Policies, Processes, Procedures and Guidelines\Human Resources\3306 Non-Discrimination and Anti-Harassment.pdf 

3309 Discrimination and Sexual Harassment Complaints 
N:\Policies, Processes, Procedures and Guidelines\Human Resources\3309 Discrimination and Sexual Harassment Complaints.pdf 

Grievance Process and Procedure for Addressing Formal Complaints of Sexual Harassment Under the Title IX Regulations 

Processes and Procedures 

Making a Report Regarding Covered Sexual Harassment to the Institution 

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Any person may also make a report using the Discrimination and Sexual Harassment Complaint Form: N:/Forms and Applications/Human Resources/Discrimination, Sexual Harassment or Workplace Violence Complaint

Contact Information for the Title IX Coordinator: 

Lottie Jameson 
SUNY Adirondack 
640 Bay Road  
Scoville Building, Room 326 Queensbury, NY 12804
jamesonl@sunyacc.edu
518-832-7741 

Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator. 

Reporting information is also available on the Sexual Assault Prevention and Response website: https://www.sunyacc.edu/sexual-assault-prevention-and-response.  

Confidential Reporting 
The following Officials will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited under this policy: 
●    Title IX Coordinator or designee;
●    Dean of Student Affairs;
●    Residence Life staff, including Resident Directors and Resident Assistants;
●    Public Safety staff; and
●    Faculty, administrators and most staff

The following Officials may provide confidentiality: 
●    SUNY Adirondack Counseling Services – located on the Queensbury campus
●    Planned Parenthood 24-Hour Rape Crisis Hotline: 1-866-307-4086
●    Domestic Violence Project 24-Hour Hotline: 518-793-9496
●    Saratoga County Wellspring Victim Services 24-Hour Hotline: 518-584-8188

Confidentiality vs. Privacy 
Consistent with SUNY Adirondack Student Code of Conduct, references made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean SUNY Adirondack offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed 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 for tracking patterns and spotting systemic issues. SUNY Adirondack will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored. 

Non-Investigatory Measures Available Under the Title IX Grievance Policy 

Supportive Measures 
Complainants (as defined above), who report allegations that could constitute covered sexual harassment under this policy, have the right to receive supportive measures from SUNY Adirondack regardless of whether they desire to file a complaint, which may include counseling, extensions of deadlines or other courses-related adjustments, modification in on-campus work or class schedules, campus escort services, restrictions on contact between the parties (no contact orders), changes in on-campus work or housing locations, leaves of absence, increase security and monitoring of certain areas of the campus as appropriate.  
Supportive measures are non-disciplinary and non-punitive. 

Emergency Removal 
SUNY Adirondack retains the authority to remove a respondent from the College’s programs or activities on an emergency basis, where SUNY Adirondack (1) undertakes an individualized safety and risk analysis and (2) determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of covered sexual harassment justifies a removal. 

If SUNY Adirondack determines such removal is necessary, the respondent will be provided notice and an opportunity to challenge the decision within three (3) business days following the removal. If the respondent challenges the removal, the administrator hearing the challenge will issue a decision within five (5) business days of the request. The administrator will then not be involved in any decision regarding responsibility of the respondent or any other appeal resulting from the process. Regardless of the outcome of this meeting, SUNY Adirondack may still proceed with the investigation and hearing process.

Administrative Leave

SUNY Adirondack retains the authority to place a non-student employee respondent on administrative leave during the Title IX Grievance Process, consistent with the applicable collective bargaining agreement or Employee Handbook.  

Filing a Formal Title IX Complaint 
The timeframe for the Title IX Grievance Process begins with the filing of a Formal Complaint. The Grievance Process will be concluded within a reasonably prompt manner, provided that the process may be extended for a good reason, including but not limited to the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. The procedure for applying for extensions is described below.

To file a Formal Complaint, a complainant must provide the Title IX Coordinator a written, signed complaint describing the facts alleged. Complainants are only able to file a Formal Complaint under this policy if they are currently participating in, or attempting to participate in, the education programs or activities of SUNY Adirondack, including as an employee. For complainants who do not meet this criterion, the college will utilize existing regulations and policies listed in the Other Related Information section of the Title IX Grievance policy. 

If a complainant does not wish to make a Formal Complaint, the Title IX Coordinator may determine a Formal Complaint is necessary. SUNY Adirondack will inform the complainant of this decision in writing, and the complainant need not participate in the process further but will receive all notices issued under this policy. 

Nothing in the Title IX Grievance Policy or the Student Code of Conduct prevents a complainant from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process. 

A complainant who files a Formal Complaint may elect, at any time, to address the matter through an Informal Resolution Procedure [see Appendix A], only in cases involving non-physical acts in which the Complainant and the Respondent are students.  

Multi-Party Situations 
SUNY Adirondack may consolidate Formal Complaints alleging covered sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of covered sexual harassment arise out of the same facts or circumstances.  

Determining Jurisdiction 
The Title IX Coordinator will determine if this Title IX Grievance Policy should apply to a Formal Complaint. The policy will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator: 

1.    The conduct is alleged to have occurred on or after Aug.14, 2020;
2.    The conduct is alleged to have occurred in the United States;
3.    The conduct is alleged to have occurred in SUNY Adirondack’s education program or activity; and
4.    The alleged conduct, if true, would constitute covered sexual harassment as defined in this policy

If all of the elements are met, SUNY Adirondack will investigate the allegations according to the Grievance Process and Procedures.  

Allegations Potentially Falling Under Two Policies 
If the alleged conduct, if true, includes conduct that would constitute covered sexual harassment and conduct that would not constitute covered sexual harassment, the Title IX Grievance Process will be applied to investigation and adjudication of only the allegations that constitute covered sexual harassment. 

Mandatory Dismissal 
If any one of these elements are not met, the Title IX Coordinator will notify the parties that the Formal Complaint is being dismissed for the purposes of the Title IX Grievance Policy. Each party may appeal this dismissal using the procedure outlined in “Appeals,” below.   

Discretionary Dismissal 
The Title IX Coordinator may dismiss a Formal Complaint brought under the Title IX Grievance Policy, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if: 

●    A complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint;
●    The respondent is no longer enrolled or employed by SUNY Adirondack; or,
●    If specific circumstances prevent SUNY Adirondack from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint

Each party may appeal a dismissal determination using the process set forth in “Appeals,” below. 

Notice of Dismissal 
Upon reaching a decision that the Formal Complaint will be dismissed, the institution will promptly send written notice of the dismissal of the Formal Complaint or any specific allegation within the Formal Complaint, and the reason for the dismissal, simultaneously to the parties through their institutional email accounts. It is the responsibility of parties to maintain and regularly check their email accounts. 

Notice of Removal/Referral to Other Adjudication Process 
Upon dismissal of a Formal Complaint for the purposes of Title IX, SUNY Adirondack retains discretion to utilize the Code of Conduct and/or Sexual Misconduct Policy to determine if a violation has occurred. If so, SUNY Adirondack will promptly send written notice of the dismissal of the Formal Complaint under the Title IX Grievance Policy and to inform the parties that the allegations will be investigated using the Code of Conduct and/or Sexual Misconduct Policy, and not the Title IX Grievance Policy. 

Notice of Allegations 
If the Formal Complaint moves forward, using the Title IX Grievance Policy, the Title IX Coordinator will draft and provide the Notice of Allegations to all parties alleged to be involved in the covered sexual harassment. Such notice will occur as soon as practicable, after the institution receives a Formal Complaint of the allegations, if there are no extenuating circumstances. 

The parties will be notified by their SUNY Adirondack email accounts if they are a student or employee, and by other reasonable means if they are neither. 
SUNY Adirondack will provide five (5) business days for respondents to review the Notice of Allegations and prepare a response before any initial interview. 
The Title IX Coordinator may determine that the Formal Complaint must be dismissed on the mandatory grounds identified above, and will issue a Notice of Dismissal. If such a determination is made, any party to the allegations of sexual harassment identified in the Formal Complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations. 

Contents of Notice 
The Notice of Allegations will include the following: 

●    Notice of the institution’s Title IX Grievance Policy, including any informal resolution process if applicable and a hyperlink to a copy of the policy.
●    Notice of the allegations potentially constituting covered sexual harassment, and sufficient details known at the time the Notice is issued, such as the identities of the parties involved in the incident, if known, including the complainant; the conduct allegedly constituting covered sexual harassment; and the date and location of the alleged incident, if known.
●    A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
●    A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney, as required under 34 C.F.R. § 106.45(b)(5)(iv).
●    A statement that before the conclusion of the investigation, the parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the institution intends to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source, as required under 34 C.F.R. § 106.45(b)(5)(vi).
●    A statement that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

Ongoing Notice 
If, in the course of an investigation, the institution decides to investigate allegations about the complainant or respondent that are not included in the Notice of Allegations and are otherwise covered "sexual harassment” falling within the Title IX Grievance Policy, the institution will notify the parties whose identities are known of the additional allegations by their institutional email accounts or other reasonable means, if they are not students or employees at SUNY Adirondack. 
The parties will be provided five (5) business days to review the additional allegations to prepare a response before any initial interview regarding those additional charges. 

Advisor of Choice and Participation of Advisor of Choice 
SUNY Adirondack will provide the parties equal access to advisors and support persons; any restrictions on advisor participation will be applied equally. 

SUNY Adirondack has a long-standing practice of requiring students to participate in the process directly and not through an advocate or representative. Students participating as Complainant or Respondent in this process may be accompanied by an Advisor of Choice to any meeting or hearing to which they are required or are eligible to attend. The Advisor of Choice is not an advocate. Except where explicitly stated by this Policy, as consistent with the Final Rule, Advisors of Choice shall not participate directly in the process as per standard policy and practice of SUNY Adirondack.  

SUNY Adirondack will not intentionally schedule meetings or hearings on dates where the Advisors of Choice for all parties are not available, provided that the Advisors act reasonably in providing available dates and work collegially to find dates and times that meet all schedules.  

SUNY Adirondack’s obligations to investigate and adjudicate in a prompt timeframe under Title IX and other college policies apply to matters governed under this Policy, and SUNY Adirondack cannot agree to extensive delays solely to accommodate the schedule of an Advisor of Choice. The determination of what is reasonable shall be made by the Title IX Coordinator or designee. 

SUNY Adirondack will not be obligated to delay a meeting or hearing under this process more than five (5) business days due to the unavailability of an Advisor of Choice, and may offer the party the opportunity to obtain a different Advisor of Choice or utilize one provided by SUNY Adirondack. 

Notice of Meetings and Interviews 
SUNY Adirondack will provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings with a party, with sufficient time for the party to prepare to participate. 

Delays 
Each party may request a one-time delay in the Grievance Process of up to five (5) days for good cause (granted or denied in the sole judgment of the Title IX Coordinator, or designee), provided that the requestor provides reasonable notice and the delay does not overly inconvenience other parties. 

For example, a request to take a five day pause made an hour before a hearing for which multiple parties and their advisors have traveled to and prepared for shall generally not be granted, while a request for a five day pause in the middle of investigation interviews to allow a party to obtain certain documentary evidence shall generally be granted.  

The Title IX Coordinator, or designee, shall have sole judgment to grant further pauses in the Process.  

Investigation 

General Rules of Investigations 
The Title IX Coordinator, and/or an investigator designated by the Title IX Coordinator, will perform an investigation of the conduct alleged to constitute covered sexual harassment, under a reasonably prompt timeframe, generally within sixty (60) business days, after issuing the Notice of Allegations.  

SUNY Adirondack and not the parties, has the burden of proof and the burden of gathering evidence, i.e. the responsibility of showing a violation of this Policy has occurred. This burden does not rest with either party, and either party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from SUNY Adirondack and does not indicate responsibility.  

SUNY Adirondack cannot access, consider, or disclose medical records without a waiver from the party (or parent, if applicable) to whom the records belong or of whom the records include information. SUNY Adirondack will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e. evidence that tends to prove and disprove the allegations) as described below. 

Inspection and Review of Evidence 
Prior to the completion of the investigation, the parties will have an equal opportunity to inspect and review the evidence obtained through the investigation. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation. 

Evidence that will be available for inspection and review by the parties will be any evidence that is directly related to the allegations raised in the Formal Complaint. It will include any: 

1.    Evidence that is relevant, even if that evidence does not end up being relied upon by the institution in making a determination regarding responsibility;
2.    inculpatory or exculpatory evidence (i.e. evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a party or other source.

All parties must submit any evidence they would like the investigator to consider prior to when the parties’ time to inspect and review evidence begins. See, 85 Fed. Reg. 30026, 30307 (May 19, 2020). 

The institution will send the evidence made available for each party and each party’s advisor, if any, to inspect and review through an electronic means or, where that may not be possible, in hard copy.  SUNY Adirondack is not under an obligation to use any specific process or technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access. The investigator’s preliminary report will be provided with the evidence. 

The parties will have ten (10) business days to inspect and review the evidence and submit a written response by email to the investigator. The investigator will consider the parties’ written responses before finalizing the Investigative Report. Parties may request a reasonable extension as their designated extension request. 
SUNY Adirondack will provide copies of the parties’ written responses to the investigator to all parties and their advisors. See, 85 Fed. Reg. 30026, 30307 (May 19, 2020). 

After receipt of the parties’ written responses, the investigator may choose to interview or re-interview a party, both parties, or witness(es), and may provide the parties with written notice, extending the investigation and explaining the reason for the extension. 

Any evidence subject to inspection and review will be available at any hearing, including for purposes of cross-examination. 

The parties and their advisors must sign an agreement not to disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the Title IX grievance process. See, 85 Fed. Reg. 30026, 30435 (May 19, 2020). 

The parties and their advisors agree not to photograph or otherwise copy the evidence. See, 85 Fed. Reg. 30026, 30435 (May 19, 2020). 

Inclusion of Evidence Not Directly Related to the Allegations 
Evidence obtained in the investigation that is determined in the reasoned judgment of the investigator not to be directly related to the allegations in the Formal Complaint will not be disclosed, or may be appropriately redacted before the parties’ inspection to avoid disclosure of personally identifiable information of the parties. Any evidence obtained in the investigation that is kept from disclosure or appropriately redacted will be documented in a “privilege log” that may be reviewed by the parties and their advisors, if any. See, 85 Fed. Reg. 30026, 30438 (May 19, 2020). 

Investigative Report 
The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will create an Investigative Report that fairly summarizes relevant evidence. 
The Investigative Report is not intended to catalog all evidence obtained by the investigator, but only to provide a fair summary of that evidence. 

Only relevant evidence (including both inculpatory and exculpatory – i.e. tending to prove and disprove the allegations — relevant evidence) will be referenced in the Investigative Report.  

The investigator may redact irrelevant information from the Investigative Report when that information is contained in documents or evidence that is/are otherwise relevant. See, 85 Fed. Reg. 30026, 30304 (May 19, 2020). 

Hearing 

General Rules of Hearings 
SUNY Adirondack will not issue a disciplinary sanction arising from an allegation of covered sexual harassment without holding a live hearing unless otherwise resolved through an informal resolution process. 

The live hearing may be conducted with all parties physically present in the same geographic location, or, at the college’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually through Zoom or another remote conferencing platform. This technology will enable participants simultaneously to see and hear each other. At its discretion, SUNY Adirondack may delay or adjourn a hearing based on technological errors not within a party’s control.  

All proceedings will be recorded through either audio recording or audiovisual recording by SUNY Adirondack. For privacy reasons, neither parties nor their advisors are allowed to record the hearings. Cameras or other reproduction equipment, other than SUNY Adirondack’s audio recording or audiovisual recording devices, are not permitted in a hearing, unless as a result of reasonable accommodation. The recording or corresponding transcript, at the discretion of SUNY Adirondack, will be made available to the parties for inspection and review.  

Prior to obtaining access to any evidence, the parties and their advisors must sign an agreement not to disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to the Title IX Grievance Process. Once signed, this Agreement may not be withdrawn See, 85 Fed. Reg. 30026, 30435 (May 19, 2020). 

Continuances or Granting Extensions 
SUNY Adirondack may determine that multiple sessions or a continuance (i.e. a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, SUNY Adirondack will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable. 

Participants in the live hearing 
Live hearings are not public, and the only individuals permitted to participate in the hearing are as follows: 

Complainant and Respondent (The Parties) 

●    The parties cannot waive the right to a live hearing.
●    The institution may still proceed with the live hearing in the absence of a party, and may reach a determination of responsibility in their absence, including through any evidence gathered that does not constitute a “statement” by that party. 85 Fed. Reg. 30026, 30361 (May 19, 2020).

●    For example, A verbal or written statement constituting part or all of the sexual harassment itself is not a “prior statement” that must be excluded if the maker of the statement does not submit to cross-examination about that statement. In other words, a prior statement would not include a document, audio recording, audiovisual reading, and digital media, including but not limited to text messages, emails, and social media postings, that constitute the conduct alleged to have been the act of sexual harassment under the formal complaint. See, OCR Blog (May 22, 2020), available at https://www2.ed.gov/about/offices/list/ocr/blog/20200522.html

●    SUNY Adirondack will not threaten, coerce, intimidate or discriminate against the party in an attempt to secure the party’s participation. See 34 C.F.R. § 106.71; see also 85 Fed. Reg. 30026, 30216 (May 19, 2020).
●    If a party does not submit to cross-examination, the decision-maker cannot rely on any prior statements made by that party in reaching a determination regarding responsibility, but may reach a determination regarding responsibility based on evidence that does not constitute a “statement” by that party.
●    The decision-maker cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing or refusal to answer cross examination or other questions. See 34 C.F.R. §106.45(b)(6)(i).

●    The parties shall be subject to the institution’s Title IX Grievance Process Hearing Rules of Decorum [See Appendix B].

The Decision-maker/Hearing Officer 

●    The hearing body will consist of a single Decision-maker/Hearing Officer.
●    The Decision-maker/Hearing Officer cannot also have served as the Title IX Coordinator, Title IX investigator, or advisor to any party in the case, nor may they serve on the appeals body in the case.
●    The Decision-maker/Hearing Officer will have no conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
●    The Decision-maker/Hearing Officer will be trained on topics including how to serve impartially, issues of relevance, including how to apply the rape shield protections provided for complainants, and any technology to be used at the hearing.
●    The parties will have an opportunity to raise any objections regarding a Decision-maker’s/Hearing Officer’s actual or perceived conflicts of interest or bias upon receipt of notice identifying the decision-maker or at the commencement of the live hearing.

Advisor of choice 

●    The parties have the right to select an advisor of their choice, who may be, but does not have to be, an attorney.
●    The advisor of choice may accompany the parties to any meeting or hearing they are permitted to attend, but may not speak for the party, except for the purpose of cross-examination at a hearing.
●    The parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a party does not select an advisor, the institution will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at no fee or charge to the party.
●    The advisor is not prohibited from having a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
●    The advisor is not prohibited from being a witness in the matter.
●    If a party does not attend the live hearing, the party’s advisor may appear and conduct cross-examination on their behalf. 85 Fed. Reg. 30026, 30340 (May 19, 2020).
●    If neither a party nor their advisor appear at the hearing, the College will provide an advisor to appear on behalf of the non-appearing party. See, 85 Fed. Reg. 30026, 30339-40 (May 19, 2020).
●    Advisors shall be subject to the institution’s Title IX Grievance Process Hearing Rules of Decorum, and may be removed upon violation of those Rules.

Witnesses

●    Witnesses cannot be compelled to participate in the live hearing, and have the right not to participate in the hearing free from retaliation. See, 85 Fed. Reg. 30026, 30360 (May 19, 2020).

●    If a witness does not submit to cross-examination, as described below, the decision-maker cannot rely on any statements made by that witness in reaching a determination regarding responsibility, including any statement relayed by the absent witness to a witness or party who testifies at the live hearing. 85 Fed. Reg. 30026, 30347 (May 19, 2020).
●    Witnesses shall be subject to the institution’s Title IX Grievance Process Hearing Rules of Decorum.

Hearing Procedures 
For all live hearings conducted under this Title IX Grievance Policy, the procedure will be as follows: 

●    The Decision-maker/Hearing Officer will open and establish rules and expectations for the hearing;
●    The Parties will each be given the opportunity to provide opening statements.;
●    The Decision-maker/Hearing Officer will ask questions of the Parties and Witnesses;
●    Parties will be given the opportunity for live cross-examination after the Decision-maker/Hearing Officer conducts its initial round of questioning. During the Parties’ cross-examination, the Decision-maker/Hearing Officer will have the authority to pause cross-examination at any time for the purposes of asking their own follow up questions; and any time necessary in order to enforce the established Title IX Grievance Process Hearing Rules of Decorum.
●    Should a Party or the Party’s Advisor choose not to cross-examine a Party or Witness, the Party shall affirmatively waive cross-examination through a written or oral statement to the Decision-maker/Hearing Officer. A Party’s waiver of cross-examination does not eliminate the ability of the Decision-maker/Hearing Officer to use statements made by the Party.

Live Cross-Examination Procedure 
Each party’s advisor will conduct live cross-examination of the other party or parties and witnesses. During this live-cross examination the advisor will ask the other party or parties and witnesses relevant questions and follow-up questions, including those challenging credibility directly, orally, and in real time.   

Before any cross-examination question is answered, the Decision-maker/Hearing Officer will determine if the question is relevant. [See Relevance Guide Appendix C] Cross-examination questions that are duplicative of those already asked, including by the Decision-maker, may be deemed irrelevant if they have been asked and answered.  

Review of Recording/Transcript 
A recording or transcript of the hearing, at the discretion of SUNY Adirondack, will be available for review by the parties within five (5) business days, unless there are any extenuating circumstances. The recording or transcript of the hearing will not be provided to parties or advisors of choice. 

Determination Regarding Responsibility 

Standard of Proof 
SUNY Adirondack uses the preponderance of the evidence standard for investigations and determinations regarding responsibility of formal complaints covered under this Policy. This means that the Decision-maker/Hearing Officer determines whether it is more likely than not that a violation of the Policy occurred. 

General Considerations for Evaluating Testimony and Evidence 
While the opportunity for cross-examination is required in all Title IX hearings, determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual, and digital evidence, as warranted in the reasoned judgment of the Decision-maker. 

The Decision-maker shall not draw inferences regarding a party or witness’ credibility based on the party or witness’ status as a complainant, respondent, or witness, nor shall it base its judgments in stereotypes about how a party or witness would or should act under the circumstances. 

Generally, credibility judgments should rest on the demeanor of the party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence. 

Still, credibility judgments should not rest on whether a party or witness’ testimony is non-linear or incomplete, or if the party or witness is displaying stress or anxiety.  

The Decision-makers will afford the highest weight relative to other testimony to first-hand testimony by parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e. tending to prove and disprove the allegations) evidence will be weighed in equal fashion. 

Except where specifically barred by the Title IX Final Rule, a witness’ testimony regarding third-party knowledge of the facts at issue will be allowed, but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred. 

The Final Rule requires that SUNY Adirondack allow parties to call “expert witnesses” for direct and cross examination. While the expert witness will be allowed to testify and be crossed as required by the Final Rule, the Decision-maker/Hearing Officer will afford lower weight to non-factual testimony of the expert relative to fact witnesses, and any expert testimony that is not directed to the specific facts that occurred in the case will be afforded lower weight relative to fact witnesses, regardless of whether the expert witness testimony is the subject of cross examination and regardless of whether all parties present experts as witnesses. 

The Final Rule requires that SUNY Adirondack allow parties to call character witnesses to testify. While the character witnesses will be allowed to testify and be cross-examined required by the Final Rule, the Decision-maker will afford very low weight to any non-factual character testimony of any witness. 

The Final Rule requires that SUNY Adirondack admit and allow testimony regarding polygraph tests (“lie detector tests”) and other procedures that are outside of standard use in academic and non-academic conduct processes. While the processes and testimony about them will be allowed as required by the Final Rule, the

Decision-maker will afford lower weight to such processes relative to the testimony of fact witnesses. 

Where a party or witness’ conduct or statements demonstrate that the party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the Decision-maker may draw an adverse inference as to that party or witness’ credibility. 

Components of the Determination Regarding Responsibility 
The written Determination Regarding Responsibility will be issued simultaneously to all parties through their SUNY Adirondack email account, or other reasonable means as necessary. The Determination will include: 

1.    Identification of the allegations potentially constituting covered sexual harassment;
2.    A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
3.    Findings of fact supporting the determination;
4.    Conclusions regarding which section of the Title IX Grievance Policy, the Student Code of Conduct and/or any of the policies listed in the Other Related Information section of the Title IX Grievance Policy, if any, the respondent has or has not violated.
5.    For each allegation:

a.    A statement of, and rationale for, a determination regarding responsibility;
b.    A statement of, and rationale for, any disciplinary sanctions the College imposes on the respondent or a recommendation that the procedure listed in a collective bargaining agreement is followed; and
c.    A statement of, and rationale for, whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the complainant; and

6.    The College’s procedures and the permitted reasons for the complainant and respondent to appeal (described below in “Appeal”).

Timeline of Determination Regarding Responsibility 
If there are no extenuating circumstances, the determination regarding responsibility will be issued by SUNY Adirondack within 10 business days of the completion of the hearing. 

Finality 
The determination regarding responsibility becomes final either on the date that the institution provides the parties with the written determination of the result of the appeal, if an appeal is filed consistent with the procedures and timeline outlined in “Appeals” below, or if an appeal is not filed, the date on which the opportunity to appeal expires.  

Appeals 
Each party may appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a determination regarding responsibility. To appeal, a party must submit their written appeal within five (5) business days of being notified of the decision, indicating the grounds for the appeal.
The limited grounds for appeal available are as follows: 

●    Procedural irregularity that affected the outcome of the matter (i.e. a failure to follow the institution’s own procedures);
●    New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
●    The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter.

The submission of appeal stays any sanctions for the pendency of an appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal. 

If a party appeals, the institution will as soon as practicable notify the other party in writing of the appeal, however the time for appeal shall be offered equitably to all parties and shall not be extended for any party solely because the other party filed an appeal. 

Appeals may be no longer than five (5) pages (not including attachments). Appeals should be submitted in electronic form using Arial or Times New Roman, 12-point font, and single-spaced. Appeals should use footnotes, not endnotes. Appeals that do not meet these standards may be returned to the party for correction, but the time for appeal will not be extended unless there is evidence that technical malfunction caused the appeal document not to meet these standards. 

Appeals will be decided by an appeals panel of a least one SUNY Adirondack administrator and two other decision-makers, who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or Hearing Decision-maker/Officer in the same matter. 

The outcome of appeal will be provided in writing simultaneously to both parties, and include the appeal panel’s rationale for the decision. 

Retaliation 
SUNY Adirondack will keep the identity of any individual who has made a report or complaint of sex discrimination confidential, including the identity of any individual who has made a report or filed a Formal Complaint of sexual harassment under this Title IX Grievance Policy, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding under this Title IX Grievance Policy.  

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations. 

No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Title IX Grievance Policy.  

Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations constitutes retaliation. This includes any charges filed against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but that arise from the same facts or circumstances as a report or complaint of sex discrimination or a report or Formal Complaint of sexual harassment. For reports involving drugs and alcohol, please see Policy on Alcohol and/or Drug Use Amnesty in Sexual and Interpersonal Violence Cases located at https://www.sunyacc.edu/sexual-assault-prevention-and-response

Complaints alleging retaliation may be filed according to the SUNY Adirondack grievance procedures for sex discrimination using this form: Discrimination, Sexual Harassment or Workplace Violence Complaint.pdf  

The State University of New York and SUNY Adirondack 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 campus programs and activities.  All victims/survivors of these crimes and violations—regardless of the victim/survivor’s 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, which apply whether the crime or violation occurs on campus, off campus, or while studying abroad.

All students have the right to:

  1. Make a report to law enforcement and/or state police;
  2. Have disclosures of domestic violence, dating violence, stalking and sexual assault treated seriously;
  3. Make a decision about whether or not to disclose a crime or violation and participate in the campus conduct process and/or the criminal justice process free from pressure from the college;
  4. Participate in a process that is fair, impartial and provides adequate notice and a meaningful opportunity to be heard;
  5. Be treated with dignity, and to receive from the college courteous, fair, and respectful counseling services as well as assistance in accessing off-campus medical resources. (See Resources for Support below).
  6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
  7. Describe the incident to as few college officials as practicable, and not to be required to unnecessarily repeat a description of the incident;
  8. Be protected from retaliation by the college, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the college; 
  9. Access at least one level of appeal of a determination;
  10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the conduct process, including all meetings and hearings related to such process;
  11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or conduct process of the college.

Options in Brief

Students have many options that can be pursued at the same time, including: 

  • Receiving resources, such as counseling and medical attention;
  • Confidentially or anonymously disclosing a crime or violation;
  • Reporting an incident to a SUNY Adirondack official, including the Title IX Coordinator, the Dean for Student Affairs, the Director of Human Resources or Campus Public Safety;
  • Reporting an incident to local law enforcement, state police, and/or the Campus Sexual Victims Assault Unit.

Student Bill of Rights

 Updated: Sept. 28, 2018

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

  • Consent is active, not passive. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily establish consent for any other sexual acts. 
  • Consent is the responsibility of the person(s) initiating, and it's required regardless of whether the person(s) initiating sexual activity has been using drugs and/or alcohol. A student who is charged with sexual activity without consent cannot use the fact that they themselves were under the influence of drugs and/or alcohol at the time of the incident as a defense to the violation.
  • Consent can be given through words or actions, as long as those words or actions create clear permission and willingness to engage in sexual activity; silence itself does not equal consent. Moreover, it is not a defense to sexual activity without consent to say that a reporting individual failed to say no or actively resist.  
  • Consent can be withdrawn at any time, even when it has been initially given. When consent is withdrawn, or if it can no longer be given, sexual activity must stop.
  • Consent is not coerced. It cannot be given as a result of coercion, intimidation, force, or the threat of harm. 
  • Consent cannot be given when a person is incapacitated, meaning they lack the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by:
    • Lack of consciousness or being asleep;
    • Being involuntarily restrained;
    • Use of alcohol, drugs or other intoxicants, depending on the degree of intoxication;
    • If any of the parties are under the age of 17; and/or
    • If an individual otherwise cannot consent.

For a great visual about Affirmative Consent, see SUNY Oneonta's Do you need to know the definition of consent? Much of the language used above was borrowed directly from SUNY Oneonta. 

Updated: Sept. 28, 2018

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. SUNY Adirondack recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that an incident of sexual or interpersonal violence occurs may be hesitant to report such incidents due to fear of potential consequences related to their own conduct.

SUNY Adirondack strongly encourages students to report any incidents of domestic violence, dating violence, stalking or sexual assault to a college official. A bystander or reporting individual that, in good faith, discloses any incident of domestic violence, dating violence, stalking or sexual assault to a SUNY Adirondack official or local law enforcement will not be subject to Code of Conduct action for violations relating to the use of alcohol and/or illegal drugs at or near the time the violence was committed.

This amnesty:

  • Specifically covers Code of Conduct action of a disciplinary nature. It does not prevent SUNY Adirondack from seeking help for a student who is struggling with excessive alcohol or drug use or addiction, or who is otherwise in danger.
  • Is unrelated to off-campus adjudication, such as criminal prosecution or arrest by outside law enforcement.
  • Is available for alcohol and/or illegal drug use by individuals. Dealers and distributors are not shielded from adjudication, nor are those who drug others without their knowledge.
  • Does not specifically limit the actions of external laws, policies or accreditation requirements that require removal or restrictions for those using alcohol or drugs from a clinical or similar setting.

Updated: Sept. 28, 2018

If you or someone you know has been the victim of sexual violence, please know there are a number of on- and off-campus resources to help you. See below, and remember you can contact the Title IX Coordinator at any time with questions or to ask for help.

Title IX Coordinator Lottie Jameson: 518.832.7741; jamesonl@sunyacc.edu; or Scoville Learning Center Room 326

Resources for Immediate Support

Below you will find contact information for trained individuals on- and off-campus who can provide immediate help in a crisis situation, including Campus Public Safety, local law enforcement, and local healthcare providers.
 

Safety Resources for Emergency Situations

Confidential Resources

  • On-Campus:
     
  • You can confidentially disclose an incident to either of our counselors who, by law, maintain confidentiality. They can also help you in obtaining additional services on- and off-campus.
    • Holly Irion, Licensed Mental Health Counselor: 518-681-5620; irionh@sunyacc.edu; Washington Hall 118
    • Beth Braxton, Licensed Mental Health Counselor: 518-743-2249; braxtone@sunyacc.edu; Washington Hall 113
       
  • Off-Campus: You can confidentially disclose an incident to an advocate and receive help from any of the following community, county or state resources.
    • Local to SUNY Adirondack:
      • Planned Parenthood 24-Hour Rape Crisis Hotline: 866-307-4086
      • Domestic Violence Project 24-Hour Hotline: 518-793-9496
      • Saratoga County Wellspring Victim Services 24-Hour Hotline: 518-584-8188
    • New York state:
    • NOTE: Hotlines are for crisis intervention, resources and referrals, and their staff members are well-trained to help victims of sexual violence. However, they are services distinct from the College, meaning that hotlines do not provide SUNY Adirondack with any information. We strongly encourage you to additionally contact a campus resource so we are aware of your situation and can provide you with additional support and resources.

Campus Resources

These are private—not confidential—resources; they will nevertheless protect your privacy to the very best of their ability. They may still be required by law and college policy to inform certain college officials, like the Title IX Coordinator, about an incident.

  • Counseling Center: 518-743-2278, Washington Hall
    • Seeing a SUNY Adirondack counselor is always free of charge to students. Additionally, our counselors can help you make arrangements to see an off-campus counselor free of charge for up to eight (8) sessions and on a sliding payment scale thereafter.
  • Title IX Coordinator Lottie Jameson: 518-832-7741; jamesonl@sunyacc.edu; Scoville Learning Center Room 326
  • Campus Public Safety: 518-743-7233; Residence Hall 164-166
 
Medical Resources
  • Within 96 hours of an assault, you can get a Sexual Assault Forensic Examination (commonly referred to as a "rape kit") at a hospital. To best preserve evidence, you should avoid showering, washing, changing your clothes, combing your hair, drinking, eating, or doing anything to alter your appearance before you have the physical exam.
    • Glens Falls Hospital and Saratoga Hospital offer these exams by specially trained Sexual Assault Nurse Examiners (SANE).
      • Glens Falls Hospital SANE Program in the Emergency Department: 518-926-3000; 100 Park St.; Glens Falls, NY 12801
      • Saratoga Hospital SANE Program in the Emergency Department: 518-583-8313; 211 Church St., Saratoga Springs, NY 12866
      • List of New York State SANE Services by County
    • While there should be no hospital charge for the exam itself, there may be a charge for counseling or other medical services and, in some cases, your health insurance may be billed.
    • In the event that you choose to have a forensic exam, we strongly encourage calling the Planned Parenthood Victim Advocacy Services 24-Hour Hotline (1-866-307-4086) or the Saratoga County Wellspring Victim Services 24-Hour Hotline (518-584-8188). One of their trained staff members can attend the exam with you as your advocate, offer support, and advise you through the process, including making sure your health insurance is not billed.
    • If you don't want to utilize the advocacy services, you should let the hospital staff know that you do not want your health insurance billed for these services.
    • Planned Parenthood's Victim Advocacy Services or any Victim Assistance Program can assist you with an application to the New York State Office of Victim Services (OVS) for reimbursing out-of-pocket funds. OVS may be able to help victims/survivors in paying for health care and counseling services, including emergency funds. 
  • Sexual contact can result in Sexually Transmitted Infections (STIs), and can also result in pregnancy.
    • Testing for STIs is available through the counties' Public Health Services free of charge:
      • Glens Falls Planned Parenthood of Queensbury, NY: 518-792-0994; 543 Bay Road, Queensbury
      • Warren County Public Health: 518-761-6580; Warren County Municipal Center, 1340 State Route 9, Lake George, NY 12845
      • Washington County Public Health: 518-746-2400; Washington County Annex Building, 415 Lower Main St., ​Hudson Falls, NY 12839
      • Saratoga County Public Health: 518-584-7460, ext. 8365; Saratoga Community Health Center, 24 Hamilton St.,
        ​Saratoga Springs, NY 12866
        • Services here are free of charge but you MUST be a Saratoga County resident to use this clinic. Otherwise, please contact Warren or Washington County Public Health Service, which will assist any SUNY Adirondack student regardless of county of residence.

 

  • Students can receive emergency contraception (commonly referred to as "the morning after pill") from the Planned Parenthood Glens Falls Center at a cost of $10.00. If you are unable to pay this amount, contact the Title IX Coordinator.

Resources for Ongoing Assistance

Below you will find information for on- and off-campus resources that can provide on-going counseling, advocacy and support following an incident of sexual violence.

Campus Resources
  • Confidential:
    • Holly Irion, Licensed Mental Health Counselor: 518-681-5620; irionh@sunyacc.edu; Washington Hall 118
    • Beth Braxton, Licensed Mental Health Counselor: 518-743-2249; braxtone@sunyacc.edu; Washington Hall 113
  • Private:
    • Counseling Center: 518-743-2278; Washington Hall
      • Seeing a SUNY Adirondack counselor is always free of charge for students. Additionally, our counselors can help you make arrangements to see an off-campus counselor free of charge for up to eight (8) sessions and on a sliding payment scale thereafter. 
    • Title IX Coordinator Lottie Jameson: 518-832-7741; jamesonl@sunyacc.edu; Scoville Learning Center Room 326
  • Protective Accommodations:
    • SUNY Adirondack is committed to ensuring the safety and well-being of reporting individuals. Following an allegation of sexual misconduct, including but not limited to domestic violence, dating violence, sexual assault or stalking, a student may request that certain protective accommodations be made immediately and remain in place in the interim between the report and the conclusion of the investigation and/or the accused's conduct hearing.
    • The College will work with students to meet individual requests with appropriate and reasonable accommodations as available.
    • Possible requests for accommodation include:
      • Change in academic schedule
      • Access to academic support such as tutoring services
      • The ability to withdraw from or retake a class without penalty
      • Relocation of assigned campus residence
      • Change in transportation and/or work schedules
      • Scheduled time for use of public facilities (Dining Hall, Fitness Center, etc.)
    • While we will work to mitigate the impact of these measures on both parties, it is our obligation to minimize the burden placed on the reporting individual. The College will therefore endeavor, to the extent practicable, to change the schedule or arrangements of the accused person prior to changing the arrangements of the reporting individual.
  • Other Interim Measures:
    • In situations where it is necessary, the College will take immediate steps to protect reporting individuals pending the final outcome of an investigation and/or conduct hearing. These steps include the accommodations listed above, as well as issuing No Contact Orders, temporary suspension from the College and/or Residence Hall, and denied access to the campus.
    • Please refer to the Code of Conduct for disciplinary procedures related to acts of sexual misconduct, especially those specific to reports of domestic violence, dating violence, sexual assault and stalking.
    • Interim measures may be deemed permanent by the Dean for Student Affairs following a conduct hearing and a finding of responsibility.
    • Both the accused/respondent and the reporting individual may request a prompt review, reasonable under the circumstances and consistent with SUNY Adirondack policies and procedures, of the need for and terms of any interim measure and accommodation that directly affects him or her. Parties may submit evidence in support of their request.
    • While reporting individuals may request accommodations and interim measures through any of the offices referenced in this policy, the Title IX Coordinator will serve as the main point of contact to assist with these measures. 

 

Victim Assistance Programs Local to SUNY Adirondack

  1. State and National Organizations
  • ServJustice: A national not-for-profit organization that increased the prospect of justice for survivors by holding both perpetrators and enablers of sexual violence accountable. 
  • Legal Momentum: A national nonprofit organization that leads action for the legal rights of women. 
  • New York State Coalition Against Sexual Assault: NYSCASA's member rape crisis programs provide free, confidential services including: 24/7 emergency hotline; individual counseling; support groups; advocacy and accompaniment through medical, law enforcement and court systems; information; and referrals. 
  • New York State Coalition Against Domestic Violence: You can use the NYSCADV program director to find a confidential domestic violence hotline for crisis help, safety planning, emotional support, and help finding resources in your area including safe shelter, advocacy, counseling and legal assistance.
  • Pandora's Project: A nonprofit organization dedicated to providing information, support and resources to survivors of rape and sexual abuse and their friends and families. 
  • GLBTQ Domestic Violence Project: Provides free and confidential support and services for gay, lesbian, bisexual, transgender and queer survivors of domestic and sexual violence through work to increase safety, security and empowerment through direct services, education and advocacy. 
  • Rape, Abuse & Incest National Network (RAINN): RAINN operates the National Sexual Assault Hotline (1-800-656-4673) in partnership with more than 1,000 local sexual assault service providers across the country. 
  • Safe Horizon: Provides compassionate and expert support for people who have experienced domestic and intimate partner violence, child physical and sexual abuse, human trafficking, stalking, youth homelessness, and violent crimes committed against a family member and within communities. 

Updated: Sept. 28, 2018

 

 

 

The State University of New York and its state-operated and community colleges believe that sexual violence prevention training and education cannot be accomplished via a single day or single method of training. To that end, SUNY Adirondack will continue to educate all new and current students using a variety of best practices aimed at educating the entire college community in a way that decreases violence and maintains a culture where sexual assault and acts of violence are not tolerated.

All new first-year and transfer students will receive training on the following:

  • SUNY Adirondack prohibits sexual harassment, including: sexual violence, domestic violence, dating violence, stalking, or other violence or threats of violence, and will offer resources to any victims/survivors of such violence while taking administrative and conduct action regarding any accused individual within the jurisdiction of the institution;
  • Relevant definitions, including but not limited to the definitions of sexual violence and consent;
  • That policies apply equally to all students regardless of sexual orientation, gender identity, or gender expression;
  • The role of the Title IX Coordinator, Campus Public Safety, and other relevant offices that address violence prevention and response;
  • Awareness of violence, its impact on victims/survivors and their friends and family, and its long term impact;
  • The Students’ Bill of Rights and the Sexual Violence Response Policy, including:
    • How to report sexual violence and other crimes confidentially, and/or to SUNY Adirondack officials, Campus Public Safety, and local law enforcement; and
    • How to obtain services and support;
  • Bystander intervention and the importance of taking action, when one can safely do so, to prevent violence;
  • The protections of the Policy on Alcohol and/or Drug Use Amnesty in Sexual and Interpersonal Violence Cases;
  • Risk assessment and reduction, including but not limited to steps that potential victims/survivors and potential assailants and bystanders to violence can take to lower the incidence of sexual violence; and
  • Consequences and sanctions for individuals who commit these crimes. 

Beginning in the 2015-2016 academic year, SUNY Adirondack and all SUNY state-operated and community colleges will require that student leaders and officers of registered/recognized student organizations, as well as those seeking recognition, complete training on domestic violence, dating violence, sexual assault or stalking prevention as part of the approval process. Additionally, SUNY Adirondack will require student-athletes to complete training in domestic violence, dating violence, sexual assault or stalking prior to participating in intercollegiate athletics.

For information about upcoming educational opportunities and events regarding sexual violence prevention and awareness, please visit the Student Activities homepage.

Updated: Sept. 28, 2018

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 2016-2017 academic year, each State University of New York state-operated and community college will conduct a uniform climate survey that ascertains student experience with and knowledge of reporting and college adjudicatory processes for 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;
    • Availability of resources on and off campus, such as counseling, healthcare and 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;
    • Whether victims/survivors reported to SUNY Adirondack and/or police, and reasons why they did or did not report;
    • The general awareness of the difference, if any, between the institution’s policies and the penal law; and
    • The general awareness of the definition of affirmative consent.

SUNY Adirondack will take all necessary steps to ensure that answers remain anonymous and that no individual is identified. Results will be published on the campus website providing no personally identifiable information shall be shared.

This policy may be changed by the SUNY Chancellor or designee should federal and/or state legislation require a different process or duplicate efforts to assess campus climate via survey.

More information on SUNY Adirondack’s participation in the SUNY Campus Climate Assessment will be posted on this page as it becomes available. Should you have any questions or comments in the meantime, please contact Title IX Coordinator, Lottie Jameson: 518-832-7741 or jamesonl@sunyacc.edu.

Updated: Sept. 28, 2018