Academic Senate Endorsement: Spring 2018
Board of Trustees: August 2018
OCR Compliance: August 2018
On This Page:
This Sexual Misconduct and Non-Discrimination policy applies to all students and student organizations of Finger Lakes Community College. The Conduct Officer may address and take action based on student conduct occurring off campus when the behavior or the presence of the individual, in the College’s sole judgment, adversely affects the campus community, damages the reputation of the institution, or impairs, obstructs, or interferes with the interests and/or mission, processes, or functions of Finger Lakes Community College.
Student sexual misconduct and discrimination cases will be dealt with as outlined in this policy. Academic Grievances will follow those procedures as outlined in the Academic Grievance Policy except in those cases where the complaint comes forward indicating that the grade determination was based on a protected class concern. Those cases would follow the Sexual Misconduct and Non-Discrimination Policy for Students.
Students are subject to the Sexual Misconduct and Non-Discrimination policy beginning at the time they register/are registered for their first class. This policy applies to students during academic terms for which they are enrolled, during breaks between terms for which they are registered (including summer), during college holidays and vacations, and during periods of suspension.
If a student breaks a law that also violates the Sexual Misconduct and Non-Discrimination policy, that student may be held accountable by both civil authorities and the College. The College may, at its sole discretion, elect to pursue action against the student at the same time as criminal proceedings, even if criminal charges involving the same incident are not complete, have been dismissed, or were reduced.
Students are responsible for the behavior of their guests. A guest is any person who is not currently enrolled at the College whose purpose on College property is entirely, or in part, to make contact with a student(s). Students must accompany their guests at all times while on College property. Conduct of a guest which violates any part of College policy may result in the guest’s immediate removal from College property and being banned from returning to College property in the future. In addition, conduct of a guest which violates any College policy may be considered a violation by the student(s) and result in College conduct processes and sanctions for the student(s).
The standard of evidence used to determine responsibility is a preponderance of evidence which means more likely than not. This burden of proof is different than beyond a reasonable doubt, which is a more stringent standard that is applicable to civil and criminal procedures. The technical rules of evidence used in civil and criminal proceedings do not apply to the Student Code of Conduct standards of evidence policy.
The Sexual Misconduct and Non-Discrimination policy shall be reviewed annually under the direction of the Director of Community Standards and Counseling and the Associate Vice President of Student Affairs. Regulations governing student conduct shall be approved by the FLCC Board of Trustees.
Right to a Hearing
The Responding Party has the right to a hearing with a conduct officer. This will typically be the Director of Community Standards and Counseling, but may also be his/her designee or Title IX Co-Coordinator who conducts the investigation and hearing.
Right to Witnesses and Evidence
The Responding Party and Reporting Party have the right to call witnesses. The conduct officer shall determine how many and who can testify in a hearing. The Responding Party and Reporting Party may also enter into record evidence that is relevant to the case. This may include testimony, statements, photographs, and other evidence which is deemed relevant by the conduct officer.
Right to Not Respond
The Responding Party and Reporting Party, or witness(es) have the right during a hearing or the investigation to not respond to questioning during the process. The investigator will have to make a determination based on the information available.
Right to an Advisor
Both the Responding Party and Reporting Party have the right to an advisor to be with them during the investigation process and/or hearing. The advisor can be someone of the student’s choosing and affiliated with the institution, and is usually a faculty, staff or student. Non-FLCC affiliated advisors may be allowed at the sole discretion of the conduct officer. The role of the advisor is to be supportive and give consultation to the student. The advisor may not speak during the hearing. Only in Sexual Misconduct cases may an advisor be an attorney. See page 28 for full rights of an advisor.
Right to Appeal
All students found responsible and sanctioned to more than a warning are eligible to appeal the decision.
Right to Extension
All students have the right to extension and deadlines for grievances and appeals when just cause has been determined and is warranted by the Director of Community Standards & Counseling, Associate Vice President of Student Affairs, Provost, Vice President of Academic & Student Affairs, Civil Rights Compliance Officer and/or President of the College.
Finger Lakes Community College does not discriminate against any employee, applicant for employment, student or applicant for admission based on an individual’s race, color, national origin, religion, creed, age, disability, sex, gender identification, gender expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, veteran status, domestic violence victim status, criminal conviction or any other category protected by law. The College adheres to all federal and state civil rights laws prohibiting discrimination in public institutions of higher education.
Inquiries regarding the application of Civil Rights may be directed to the Civil Rights Compliance Officer (CRCO), Grace Loomis, Director of Human Resources, Room 1350, 585-785-1451, email@example.com or Title IX Co-Coordinators: Sarah Whiffen, Associate Vice President of Student Affairs, Room 2135, 585-785-1284, firstname.lastname@example.org or Catherine Burns, Human Resources Compliance Coordinator, Room 1341, 585-785-1466, Catherine.Burns@flcc.edu; at Finger Lakes Community College; 3325 Marvin Sands Drive, Canandaigua, NY 14424. Inquiries may also be directed to the United States Department of Education’s Office of Civil Rights, 32 Old Slip 26th Floor, New York, NY 10005-2500; Tel. 646-428-3800; or email: email@example.com, or contact the NYS Division of Human Rights Offices http://www.dhr.ny.gov/, One Monroe Avenue, Suite 308, Rochester, NY 14607; Tel. 585-238-8250; or email InfoRochester@dhr.ny.gov.
Retaliation is prohibited against any person who files a charge of discrimination, participates in an Office of Federal Contract Compliance Programs (OFCCP) proceeding or otherwise opposes discrimination under state or federal law. Retaliation is defined as adverse action against another person for reporting a violation or for participating in any way in the investigation or conduct process. Retaliation includes harassment and intimidation, including but not limited to violence, threats of violence, property destruction, adverse educational or employment consequences, and bullying.
Retaliation is also defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Retaliation against an individual for alleging harassment, supporting a party bringing an allegation or for assisting in providing information relevant to a claim of harassment is a serious violation of College policy and will be treated as another possible instance of harassment or discrimination. Acts of alleged retaliation should be reported immediately to the CRCO or a Title IX Co-Coordinator and will be promptly investigated. The College is prepared to assist individuals who fear that they may be subjected to retaliation.
Reporting a Civil Rights Discrimination Complaint:
- Students should report a complaint to the Director of Community Standards & Counseling, a Title IX Co – Coordinator, the CRCO or Campus Safety.
- A preliminary Inquiry will be conducted by the CRCO, a Title IX Co-Coordinator or an investigator within 10 business days of the receipt of the report.
- On the 11th day, if probable cause is determined, the reporting officer will produce written notification to responding party and copy the reporting party. If the responding party is an employee of the College, the College will use the procedures outlined in the Harassment and Non-Discrimination Prevention Guidelines for Employees.
- The reporting officer has 60 days to complete the Formal Investigation; if at any point during this time, no reasonable cause is determined, the process ends and this finding will be communicated to both parties in writing.
- Once the investigation is complete, the Associate Vice President of Student Affairs will make a determination of findings, usually within ten (10) days.
- Should a sanction be rendered, the responding party will have the right to appeal as outlined in this document’s Appeal Section (page 25).
When the Responding Party is a faculty or staff member of the College, the student will receive the same time frame allowed to the faculty or staff member per the faculty or staff member’s labor contract provisions.
All investigations will be thorough, reliable, impartial, prompt and equitable. Investigations entail interviews with all relevant parties and witnesses, obtaining available evidence and identifying sources of expert information, as necessary.
No unauthorized audio or video recording of any kind is permitted during investigation meetings or other Investigation Resolution Process proceedings.
Absences due to medical conditions related to pregnancy, childbirth, and related conditions must be excused for as long as medically necessary and the student must be given the opportunity to make up missed work, with the goal of having the student graduate on time, if possible and if desired by the student. Professors and administrators should not direct, tell or advise students that they have to drop out of their classes or programs or change their educational plans due to their pregnancies or related conditions. Finger Lakes Community College cannot terminate or reduce athletic, merit or need-based scholarships based on pregnancy. These rules supersede any school-or-instructor-based attendance or other policies regarding allowable numbers of absences or ability to make up missed schoolwork.
- Within five business days from the start of the absence, the student will notify, in writing, her faculty member(s) of absences that will or did occur due to pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom. NOTE: If a student indicates, in any manner either formally or informally, that she is having difficulty because of a pregnancy, childbirth, and/or related condition the instructor/administrator should communicate to the AVP of Instruction immediately. The AVP of Instruction will then notify the student about the appropriate course of action.
- The instructor will forward this communication to the AVP of Instruction. The AVP of Instruction will then communicate with the students to have a Medical Release Form submitted within ten business days of receipt of the form. This form will indicate the amount of time she is excused from class.
- The AVP of Instruction will advise the student’s instructors with information on the student’s expected return.
- Instructors will provide a plan for the AVP of Instruction on an individual basis to ensure compliance for each student. The plan must include:
- The amount of time the student has to complete the work. The amount of time can be no less than the amount of time the student was medically excused.
- The specific work that the student must complete.
A decision on whether a grade of "Incomplete" should be given as opposed to an "F" if there is not enough time before the end of the course for her to complete the work assigned.
Statement on Sexual Misconduct:
Finger Lakes Community College is committed to creating and maintaining an educational environment free from all forms of sex discrimination, including sexual misconduct. Any act involving sexual harassment, violence, coercion, and intimidation is prohibited and will not be tolerated. Specifically, FLCC strictly prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking. These acts have a real impact on the lives of victims. They not only violate a person’s feelings of trust and safety, but they can also substantially interfere with a student’s education. It is the policy of FLCC that, upon learning of an alleged act of sexual misconduct, immediate action will be taken to address the situation and punish the perpetrator(s) where appropriate. This may include working with campus, State and local law enforcement to bring possible criminal charges, seeking student conduct action, and adding permanent transcript notifications so other institutions are on notice of the offense(s) committed, where appropriate.
FLCC encourages prompt and accurate reporting of sexual misconduct. This allows the college community to quickly respond to allegations and offer immediate support to the victim. FLCC is committed to protecting the confidentiality of victims/reporting individuals whenever possible and will work closely with students who wish to obtain confidential assistance regarding an incident of sexual misconduct. All allegations will be investigated promptly and thoroughly, and both the victim(s)/reporting individual(s) and the respondent(s) will be afforded equitable rights during the college investigative process.
It is the collective responsibility of all members of the FLCC 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.
Statement on Gender Identity:
Finger Lakes Community College will not exclude, separate, deny benefits to, or otherwise treat differently on the basis of sex any person in its educational programs or activities unless expressly authorized to do so under Title IX or its implementing regulations. The College treats a student’s gender identity as the student’s sex for purposes of Title IX and its implementing regulations. This means that a school must not treat a transgender student differently from the way it treats other students. The College’s interpretation is consistent with courts’ and other agencies’ interpretations of State and Federal laws prohibiting sex discrimination.
The College interprets Title IX to require that when a student or the student’s parent or guardian, as appropriate, notifies the school administration that the student will assert a gender identity that differs from previous representations or records, the school will begin treating the student consistent with the student’s gender identity. There is no medical diagnosis or treatment requirement that students must meet as a prerequisite to being treated consistent with their gender identity. Because transgender students often are unable to obtain identification documents that reflect their gender identity (e.g., due to restrictions imposed by state or local law in their place of birth or residence), requiring students to produce such identification documents in order to treat them consistent with their gender identity may violate Title IX when doing so has the practical effect of limiting or denying students equal access to an educational program or activity.
A school's Title IX obligation to ensure non-discrimination on the basis of sex requires schools to provide transgender students equal access to educational programs and activities even in circumstances in which other students, parents, or community members raise objections or concerns. As is consistently recognized in civil rights cases, the desire to accommodate others’ discomfort cannot justify a policy that singles out and disadvantages a particular class of students.
Students' Bill of Rights
The State University of New York and Finger Lakes Community College 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 College and campus programs, activities, and employment. All victims/survivors of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus, off campus or while studying abroad. All students have the right to:
- Make a report to local law enforcement and/or state police;
- Have disclosures of domestic violence, dating violence, stalking and sexual assault treated seriously;
- Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure from the institution;
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
- Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
- Describe the incident to as few institutional representatives as practicable and not to be required to unnecessarily repeat the description of the incident;
- Be free from retaliation by the institution, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
- Access to at least one level of appeal of a determination;
- Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
- Exercise civil rights and practice of religion without interference by the investigation, criminal justice, or judicial or conduct process to the institution.
Applicability of Policy
These procedures apply to all members of the FLCC community, including students, faculty, staff, visitors, independent contractors, and other third parties who are on campus and involved in an incident of sexual misconduct (this can be someone who witnessed an incident or who wishes to report an incident on behalf of another). These procedures apply to these parties regardless of sexual orientation or gender identity. The tenets herein apply to students beginning at the time they register/are registered for their first class. They apply to students during academic terms for which they are enrolled, during breaks between terms for which they are registered (including summer), during college holidays and vacations, and during periods of suspension. If the Responding Party is a College employee, the College will follow the Procedures; Harassment and Non-Discrimination Prevention Guidelines for Employees.
These procedures prohibit 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 Definitions section for a list of terms and prohibited acts.
These procedures cover conduct that takes place on college property. This includes any building or property owned or controlled by FLCC and used in direct support of, or in a manner related to, the institution’s educational purposes, including public property within or immediately adjacent to and accessible from campus. These procedures also cover conduct that takes place off-campus that may have a nexus to the college community.
These procedures cover all educational, extracurricular, athletic, or other campus programs.
The standard of proof in sexual misconduct cases is preponderance of evidence, which asks whether it is “more likely than not” that the sexual misconduct occurred.
These procedures cover all campus and College-related activities, including, but not limited to, student organizations (academic, multicultural, religious, service, social and support, sports and recreational), community organizations with student and/or faculty participation, and all other educational or extracurricular events hosted by or at the College.
These procedures cover sexual misconduct occurring between individuals in various types of relationships. These include, but are not limited to, student to student, faculty member to student, staff to student, supervisor to subordinate, and coach to student athlete. Sexual misconduct may be acts committed by an individual or collective actions committed by members of a group or organization. These acts may be committed against an individual or against a group or organization. These acts may be committed by a stranger, an acquaintance, or someone with whom the victim has a social, romantic, or intimate relationship. These acts may be committed by or against any individual, regardless of sexual orientation or gender identity.
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, there are options available for students to speak with someone about what happened while maintaining confidentiality. Please see the following sections on Options for Confidentially Disclosing Sexual Violence for more information on confidentiality.
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 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 may be initially given but withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must stop. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- Consent cannot be given when it is the result of coercion, intimidation, force or threat of harm;
- Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act;
- Consent cannot be given when a person is incapacitated which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if any individual otherwise cannot consent.
Any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the victim’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence.
Any violent crime committed by a current or former spouse or intimate partner of the victim, a person sharing a child with the victim, or a person cohabitating with the victim as a spouse or intimate partner.
Gender identify refers to an individual’s internal sense of gender. A person’s gender identify may be different from or the same as the person’s sex assigned at birth.
Adverse action against another person for reporting a violation or for participating in any way in the investigation or conduct process. Retaliation includes harassment and intimidation, including but not limited to violence, threats of violence, property destruction, adverse educational or employment consequences, and bullying.
Sex Assigned at Birth:
Sex assigned at birth to the sex designation recorded on an infant’s birth certificate should such a record be provided at birth.
All forms of sexual harassment, sexual assault, and other sexual violence by employees, students, or third parties against employees, students, or third parties. Students, employees, and third parties are prohibited from harassing others whether or not the harassment occurs on the FLCC campus or whether it occurs during work hours. Sex discrimination – Discrimination can be carried out by other students, college employees, or third parties. All acts of sex Discrimination, including sexual harassment and sexual violence, are prohibited by Title IX.
A physical sexual act or acts committed against another person without consent. Sexual assault is an extreme form of sexual harassment. Sexual assault includes what is commonly known as “rape” (including what is commonly called “date rape” and “acquaintance rape”), statutory rape and incest. For statutory rape, the age of consent in New York State is 17 years old.
Unwelcome, sexual, sex-based and/or gender-based, verbal, written, online and/or physical conduct that is sexual in nature and sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the College’s educational program and/or activities, and is based on power differentials, the creation of a hostile environment, or retaliation. Examples of sexual harassment include, but are not limited to, unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that expressly or implicitly imposes conditions upon, threatens, interferes with, or creates a severe, pervasive and objectively offensive environment that interferes with or limits a student’s ability to participate in or benefit from the College’s program.
Sexual misconduct can be defined as unwanted behavior of a sexual nature including sexual harassment, sexual violence, dating violence, and domestic violence.
Physical sexual acts perpetrated against a person’s will or perpetrated where a person is incapable of giving consent. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
Intentionally engaging in a course of conduct, directed at a specific person, which is likely to cause a reasonable person to fear for his or her safety or the safety of others or cause that person to suffer substantial emotional damage. Examples include, but are not limited to, two or more acts by which the stalker directly, indirectly, or through third parties follows, monitors, observes, surveils, threatens, or communicates about a person or interferes with his or her property.
Transgender describes those individuals whose gender identity is different from the sex they were assigned at birth. A transgender male is someone who identifies as male but was assigned the sex of female at birth; a transgender female is someone who identifies as female but was assigned the sex of male at birth.
A person who suffers personal, physical, or psychological injury.
Options for Confidentially Disclosing Sexual Violence
The State University of New York and FLCC want you to get the information and support you need regardless of whether you would like to move forward with a report of sexual violence to campus officials or to police. You may want to talk with someone about something you observed or experienced, even if you are not sure that the behavior constitutes sexual violence. A conversation where questions can be answered is far superior to keeping something to yourself. Confidentiality varies, and this document is aimed at helping you understand how confidentiality applies to different resources that may be available to you.
Privileged and Confidential Resources:
Individuals who are confidential resources will not report crimes to law enforcement or college officials without your permission, except for extreme circumstances, such as a health and/or safety emergency. At FLCC, this includes: FLCC licensed medical professionals or supervised interns when they are engaged in a physician/patient relationship: Student Health Services. 585-785-1297, Room 3815, www.flcc.edu/studenthealth (confidential unless child abuse is disclosed).
Off-campus options to disclose sexual violence confidentially include (note that these outside options do not provide any information to the campus): Off-campus counselors and advocates. Crisis services offices will generally maintain confidentiality unless you request disclosure and sign a consent or waiver form. More information on an agency’s policies on confidentiality may be obtained directly from the agency.
- Safe Harbors of the Finger Lakes, www.shflny.org
Hotlines: Seneca & Ontario Counties: 800.247.7273 Yates County: 315.536.2897
- Victim Resource Center of the Finger Lakes Hotline: 866.343.8808
- New York State Office for the Prevention of Domestic Violence Hotline: 800.942.6906 More resources can also be found at http://nyscasa.org/
- FF Thompson Hospital emergency room-Sexual Assault Nurse Examiner (SANE) available 24 hours/day. 350 Parrish St., Canandaigua, NY 14424. 585.396.6000
- Newark-Wayne Community Hospital has a SANE nurse on call (not always in the hospital). Students should go to the emergency room, and the staff will contact the SANE nurse, as well as offer the student an advocate from the Wayne county Victim Resource Center. 1200 Driving Park Ave., Newark, NY 14513. 315.332.2022
- Off-campus healthcare providers
Note that medical office and insurance billing practices may reveal information to the insurance policyholder, including medication and/or examinations paid for or administered. The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency compensation. More information may be found here: http://www.ovs.ny.gov, or by calling 1-800-247-8035. Options are explained here: http://www.ovs.ny.gov/help-crime-victims.
Note that even individuals who can typically maintain confidentiality are subject to exceptions under the law, including when an individual is a threat to him or herself or others and the mandatory reporting of child abuse.
Non-Professional Counselors and Advocates:
Non-professional counselors and advocates can also assist you without sharing information that could identify you. At FLCC, this includes most staff members in the Community Standards & Counseling Office (Room 1155, 585.785.1211, or 585.785.1389.) The Assistant Director of Academic Support and Access Programs and the EOP Counselor. It also includes the Campus Center Administrators and Campus Center Specialists at each campus center.
- Newark Campus Center - Administrator: 315.331.9098, ext. 305, Specialist: 315.331.9098, ext. 304
- Geneva Campus Center - Administrator: 315.789.6701, ext. 6002, Specialist: 315.789.6701, ext. 6014
- Victor Campus Center - Administrator: 585.785.1108, Specialist: 585-785-1114
These individuals will report the nature, date, time, and general location of an incident to FLCC's Title IX Co- Coordinators, but will consult with you to ensure no personally identifying details are shared without your consent. These individuals are not considered confidential resources as discussed above.
Privacy versus Confidentiality:
Even FLCC offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Co-Coordinators or designee, who is responsible under the law for tracking patterns and spotting systemic issues. FLCC will limit the disclosure as much as possible, even if the Title IX Co-Coordinators determines that the request for confidentiality cannot be honored.
Requesting Confidentiality: How FLCC Will Weigh the Request and Respond:
If you disclose an incident to an FLCC employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to the institution’s request to initiate an investigation, the Title IX Co-Coordinator must weigh your request against our obligation to provide a safe, non-discriminatory environment for all members of our community, including you.
The College may not require a Reporting Party to participate in any investigation or conduct proceeding. Because the College is under a continuing obligation to address the issue of sexual violence campus-wide, reports of sexual violence (including non-identifying reports) will also prompt the College to consider broader remedial action – such as increased monitoring, supervision or security at locations where the reported sexual violence occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/victimization surveys; and/or revisiting its policies and practices. If the College determines that it can respect a Reporting Party’s request for confidentiality, the College will also take immediate action as necessary to protect and assist the Reporting Party. We will assist you with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of your reporting choices.
While victims/survivors/reporting individuals may request accommodations through several College offices, the following office can serve as a primary point of contact to assist with these measures - Community Standards and Counseling Office, 585-785-1211, Room 1125. We also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify the reporting party or the situation disclosed.
We may seek consent from the reporting party prior to conducting an investigation. The reporting party may decline to consent to an investigation, and that determination will be honored unless FLCC’s failure to act does not adequately mitigate the risk of harm to the reporting party or other members of the College community. Honoring the request may limit our ability to meaningfully investigate and pursue conduct action against an accused individual. If we determine that an investigation is required, we will notify the reporting party and take immediate action as necessary to protect and assist the individual.
When you disclose an incident to someone who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality, FLCC will consider many factors to determine whether to proceed despite that request. These factors include, but are not limited to:
- Whether the Responding Party 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 Responding Party will commit additional acts of violence;
- Whether the accused used a weapon or force;
- Whether the Reporting Party individual is a minor; and
- Whether we possess other means to obtain evidence such as video, and whether the report reveals a pattern of perpetration at a given location or by a particular group. If the College determines that it must move forward with an investigation, the Reporting Party will be notified and the College will take immediate action as necessary to protect and assist them.
Public Awareness/Advocacy Events:
If you disclose a situation through a public awareness event such as "Take Back the Night," candle light vigils, protests, or other public event, the College is not obligated to begin an investigation. FLCC may use the information you provide to inform the need for additional education and prevention efforts.
- Anonymously via an internet anonymous reporting system: http://www.flcc.edu/offices/safety/silent.cfm;
- The Hotline is for crisis intervention, resources and referrals and is not a reporting mechanism. New York State Hotline for Sexual Assault and Domestic Violence: 1-800-942-6906
Institutional Crime Reporting:
Reports of certain crimes occurring in certain geographic locations will be included in the FLCC Clery Act Annual Security Report in an anonymized manner that neither identifies the specifics of the crime or the identity of the reporting individual or victim/survivor. Contacts: Campus Safety Office, 585-785-1900, Title IX Co- Coordinators â€“ Sarah Whiffen, AVP of Student Affairs, 585-785-1284, Room 2135; Catherine Burns, Human Resources Compliance Coordinator, Human Resources Office, 585-785- 1466, Room 3815A.
FLCC is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when potentially compromising law enforcement efforts and when the warning itself could potentially identify the reporting individual or victim/survivor). A victim/survivor/reporting individual will never be identified in a timely warning.
The Family Educational Rights and Privacy Act allows institutions to share information with parents when (1) there is a health or safety emergency, or (2) when the student is a dependent on either parents’ prior year federal income tax return. Generally, FLCC will not share information about a report of sexual violence with parents without the permission of the victim/survivor/reporting individual.
In accordance with the Students’ Bill of Rights, students shall have the right to pursue more than one of the options below at the same time, or to choose not to participate in any of the options below:
To disclose confidentially the incident to one of the following college officials, who by law may maintain confidentiality, and can assist in obtaining services.
- Anonymously via an internet reporting system: http://www.flcc.edu/offices/safety/silent.cfm;
- Student Health Services, Room 3815, 585-785-1297 (confidential unless child abuse is disclosed);
- To disclose confidentially the incident and obtain services from the New York State, New York City or county hotlines: http://www.opdv.ny.gov/help/dvhotlines.html. Additional disclosure and assistance options are catalogued by the Office for the Prevention of Domestic Violence and presented in several languages: http://www.opdv.ny.gov/help/index.html (or by calling 1-800-942-6906), and assistance can also be obtained through:
- SurvJustice: http://survjustice.org/services
- Legal Momentum: https://www.legalmomentum.org/get-help
- NYSCASA: http://nyscasa.org
- NYSCADV: http://www.nyscadv.org/
- Pandora’s Project: http://www.pandys.org/lgbtsurvivors.html
- GLBTQ Domestic Violence Project: http://www.glbtqdvp.org/
- RAINN: https://www.rainn.org/get-help
- Safe Horizons: http://www.safehorizon.org (Note that these hotlines are for crisis intervention, resources, and referrals, and are not reporting mechanisms, meaning that disclosure on a call to a hotline does not provide any information to the campus. Reporting individuals are encouraged to additionally contact a campus confidential or private resource so that the campus can take appropriate action in these cases).
To disclose the incident to one of the following college officials who can offer privacy and can provide information about remedies, accommodations, evidence preservation, and how to obtain resources. Those officials will also provide the information contained in the Students’ Bill of Rights, including the right to choose when and where to report, to be protected by the institution from retaliation, and to receive assistance and resources from the institution. These college officials will disclose that they are private and not confidential resources, and they may still be required by law and college policy to inform one or more college officials about the incident, including but not limited to the Title IX Co- Coordinators. They will notify reporting individuals that the criminal justice process uses different standards of proof and evidence than internal procedures, and questions about the penal law or criminal process should be directed to law enforcement or district attorney:
Title IX Co-Coordinators:
- Sarah Whiffen, 585-785-1284, Room 2135, Sarah.Whiffen@flcc.edu
- Catherine Burns, 585-785-1466, Room 1341, Catherine.Burns@flcc.edu
To file a report of sexual assault, domestic violence, dating violence, and/or stalking, and/or talk to the Title IX Co-Coordinators for information and assistance. Reports will be investigated in accordance with this policy and the reporting individual’s identity shall remain private at all times if said reporting individual wishes to maintain privacy.
When the Responding Party is an employee, a Reporting Party may also report the incident to the Office of Human Resources or may request that one of the above referenced confidential or private employees assist in reporting to Human Resources. Proceedings will be conducted in accordance with the Procedures: Harassment and Non-Discrimination Prevention Guidelines for Employees.
When the Responding Party is an employee of an affiliated entity or vendor of the College, College officials will, at the request of the Reporting Party, assist in reporting to the appropriate office of the vendor or affiliated entity and, if the response of the vendor or affiliated entity is not sufficient, assist in obtaining a persona non grata letter, subject to legal requirements and college policy.
Human Resources Office - 585-785-1428, Room 1340
- You may withdraw your complaint or involvement from the FLCC process at any time.
- Every college shall ensure, at a minimum, at the first instance of disclosure by a reporting individual to a college representative, the following information shall be presented to the reporting individual: "You have the right to make a report to Campus Safety, local law enforcement, and/or State Police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution."
Law Enforcement -
- Campus Safety – 585-785-1900 24hrs/day (911 for emergencies), Room 2202 (including assistance in initiating legal proceedings in family court or civil court);
- Ontario County Sherriff’s Office – 1-800-394-4560 (911 for emergencies), 74 Ontario St. Canandaigua, NY 14424
- New York State Police Troop E Headquarters Crime Victim Specialist 1569 Rochester Road, Canandaigua, NY 14425, 585-398-3200 (911 for emergencies)
- State police 24-hour hotline to report sexual assault on a NY college campus: 1-844-845-7269.
To obtain effective intervention services.
- Community Standards & Counseling Office (585-785-1211), (Services free to students). If victim/survivor/reporting individual wishes to keep his/her identity private, he or she may discuss the situation and available options with the counseling staff. Staff also have access to off-campus resources; services such as emergency loans, food and other necessities are also available.
- Student Health Services, Room 3815, 585-785-1297 (Services free to students). If victim/survivor/reporting individual wishes to keep his/her identity private, he or she may anonymously discuss the situation and available options with a Student Health Center licensed personnel (see below). Sexual contact can transmit Sexually Transmitted Infections (STI) and may result in pregnancy. Testing for STIs and emergency contraception is not available (contact your health care provider or the resources listed below).
- The Campus Center Administrators at each campus center:
- Newark Campus Center – 315.331.9098, x305
- Geneva Campus Center – 315.789.6701ext.6002
- Victor Campus Center – 585.785.1108
- Geneva Community Health, 601 W. Washington St., Geneva, NY (sliding scale fee is available & Ontario County subsidy if qualify). Call (315) 781-8448. Visit: http://flchealth.org/locations/geneva-community-health
- Planned Parenthood of the Rochester/Syracuse region (financial assistance is available). Call 1-866-600-6886. Visit: http://www.plannedparenthood.org/health-center
- Rushville Health Center, 2 Rubin Drive, Rushville, NY (sliding scale fee is available & Ontario County subsidy if qualify). Call (585) 554-6824. Visit: http://rpcn.org
- Other applicable available on- and off-campus centers and services, and their addresses, phone numbers, and web sites can be found at: https://localcommunityhealth.com/locations/ and http://rpcn.org/.
Within 96 hours of an assault, you can get a Sexual Assault Forensic Examination (commonly referred to as a rape kit) at a hospital. While there should be no charge for a rape kit, there may be a charge for medical or counseling services off campus and, in some cases, insurance may be billed for services. You are encouraged to let hospital personnel know if you do not want your insurance policyholder to be notified about your access to these services. The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency funds. More information may be found here: https://ovs.ny.gov/, or by calling 1-800-247- 8035. Options are explained here: https://ovs.ny.gov/. To best preserve evidence, victims/survivors should avoid showering, washing, changing clothes, combing hair, drinking, eating, or doing anything to alter physical appearance until after a physical exam has been completed.
III. Protection and Accommodations:
The College is firmly committed to a policy that encourages timely disclosure of sexual misconduct. Any person, who, in good faith, reports sexual misconduct will be protected from retaliation (defined as an adverse action against another person for reporting a violation or for participating in any way in the investigation or conduct process.) Retaliation includes harassment and intimidation, including but not limited to violence, threats of violence, property destruction, adverse educational or employment consequences, and bullying.
- When the Responding Party is a student, to have the college issue a "No Contact Order," consistent with college policy and procedure, meaning that continuing to contact the protected individual is a violation of college policy subject to additional conduct charges; if the Responding Party and a protected person observe each other in a public place, it is the responsibility of the Responding Party to leave the area immediately and without directly contacting the protected person. Both the Responding Party and Reporting Party may request a prompt review of the need for and terms of a No Contact Order, consistent with FLCC procedures parties may submit evidence in support of their request.
- To have assistance from Campus Safety or other college officials in initiating legal proceedings in family court 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.
- To receive a copy of the Order of Protection or equivalent and have an opportunity to meet or speak with a college official who can explain the order and answer questions about it, including information from the Order about the accused's responsibility to stay away from the protected person(s); that burden does not rest on the protected person(s).
- To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension.
- To have assistance from Campus Safety in effecting an arrest when an individual violates an Order of Protection or, if outside of New York State, an equivalent protective or restraining order within the jurisdiction of Campus Safety or, if outside of the jurisdiction of Campus Safety, to call on and assist local law enforcement in effecting an arrest for violating such an order.
- When the Responding Party is a student and presents a continuing threat to the health and safety of the community, to have the accused subject to interim suspension pending the outcome of a conduct process. Parties may request a prompt review of the need for and terms of an interim suspension.
- When the Responding Party 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 the College's Procedures: Harassment and Non-Discrimination Prevention Guidelines for Employees.
- When the Responding Party is not a member of the College community, to have assistance from Campus 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 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. Parties may request a prompt review of the need for and terms of any interim measures and accommodations that directly affect them. While Reporting Parties may request accommodations through any of the offices referenced in this policy, the following office can serve as a point to assist with these measures:
- Community Standards and Counseling Office, 585-785-1211, Room 1125
Student Conduct Process:
A reporting party has the right to request that student conduct charges be filed against the responding party. Conduct proceedings related to Title IX are governed by the process that is outlined in this document 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 Responding Party and the Reporting Party 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 policy.
- The right to a prompt response to any complaint and to have their 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. Responding Parties 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 the College). To schedule a review and/or offer evidence the respondent/reporting individual should contact the Director of Community Standards and Counseling–room 1125 Student Center or 585-785- 1211.
- The right to present evidence and testimony at a hearing, where applicable.
- 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 college disciplinary process 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 decision, any sanctions, and the rationale for the decision and any sanctions.
- The right to written or electronic notice about the sanction(s) that may be imposed on the accused based upon the outcome of the conduct proceeding. For students found responsible for sexual assault, the available sanctions are suspension with additional requirements and expulsion/dismissal.
- Institutional Complaints: Under the process, the penalties for other violations may include, but are not limited to: written warning, no contact orders, conduct probation, suspension, dismissal, and/or permanent transcript notation.
- Criminal Complaints: The complaint may result in criminal penalties, such as fines, community service, probation, jail sentence, or registration as a sex offender with the NYS or federal data bases.
- 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.
- The right to choose whether to disclose or discuss the outcome of a conduct hearing.
- 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.
- FLCC will conduct a timely review of all complaints of sexual misconduct. Absent extenuating circumstances, review and resolution is expected to take place within sixty (60) calendar days from receipt of the complaint. All deadlines and time frames may be extended for good cause as determined by the designated investigator(s). Both the Responding Party and the Reporting Party will be notified in writing of the delay, the reason for delay, and provided the date of the new deadline or anticipated time-frame. Extensions requested by one party will not be longer than five College business days. If the Responding Party is a College employee, the College will follow the Procedures; Harassment and Non-Discrimination Prevention Guidelines for Employees.
- Following the College becoming aware of an alleged incident(s) of sexual misconduct, an individual or individuals will be designated by the Title IX Co-Coordinators to conduct a preliminary inquiry into the incident(s) to determine Reasonable Cause.
- If Reasonable Cause is determined, an investigation will be initiated which is prompt and thorough, affording all parties equitable rights, including the Responding Party (s), Reporting Party(s)and any relevant witnesses, an opportunity to provide statements, information, and documentation regarding the incident(s). If the Responding Party is a college employee, the College will follow the Procedures; Harassment and Non-Discrimination Prevention Guidelines for Employees.
- The investigator(s) will attempt to meet individually with the Responding Party(s), Reporting Party’s, and any relevant witnesses. Students will be delivered letters, for which they must sign, at their classes or using certified letters via the United States Postal Service. These letters will schedule students for a procedural review with the investigator(s). The College’s desire to immediately stop any harassing behavior may result, at the investigator(s) discretion, in a hold being placed on a respondent’s, reporting individual’s, or witness’ college account and/or no contact orders being issued to respondent(s), reporting individual(s), or witness(es) via these letters. Students charged with sexual misconduct, as defined in this document, will have a hold placed on their account and/or other steps taken (e.g., interim suspension, no contact orders) until such time as the matter is resolved. If students elect not to participate in these procedures the College may, at its sole discretion, proceed, determine results, and issue sanctions if appropriate without the benefit of both parties’ input. Such actions do not presume a finding of responsibility or automatically result in sanctions. This stage of the process will usually be completed within ten days from receipt of the complaint, although the interim measures mentioned may be enacted immediately.
- Procedural reviews are conducted in private. Reporting Party(s) and Responding Party(s) may elect to have an advisor accompany them to the procedural review (please see the Advisor section for guidelines and regulations on advisors.) In cases where an individual involved in the investigation is also a college employee, or when a non-student college employee is involved, a representative from Human Resources may also be present. The purposes of the procedural review will include,
- notifying individuals that a sexual misconduct investigation is taking place,
- informing individuals of the college procedures relative to sexual misconduct,
- making individuals aware of their ability to report incidents of sexual harassment to other entities (e.g., state and federal agencies, law enforcement, etc.) at any time during the process, and
- to schedule a time to conduct an interview to discuss the incident(s) of alleged sexual misconduct.
Individuals may request that the investigator(s) contact other persons who may have witnessed the alleged incident(s) of harassment at this time or have other pertinent facts about the matter. While an investigator will contact potential witnesses via their college e-mail addresses, witnesses are not obligated to meet with the investigator(s) and it is each individual's responsibility to follow-up with any witnesses to request their participation in the procedures.
Note: Individuals may elect to begin their interview immediately following their procedural review, time permitting. Otherwise, a time mutually acceptable to the individual and interviewer(s) will be scheduled within seven college business days. Individuals may request an alternative interviewer(s) during their procedural review as well.
- Interviews are conducted in private. Reporting Parties and Responding may elect to have an advisor accompany them to the interview (please see the Advisor section for guidelines and limitations on advisors). In cases where an individual involved in the investigation is also a college employee, or when a non-student college employee is involved, a representative from Human Resources may also be present. Interviews will be recorded on college- supplied equipment and recordings will be kept according to the records policy. The purposes of the interview will be:
- to allow individuals to present their version of a reported incident(s) of misconduct,
- to present the individual with any additional reported incident(s) of misconduct of which they were not previously aware and allow them to present their version of those incident(s) as well,
- to question individuals regarding reported incident(s,) particularly when facts are in question, and
- to allow individuals to present witnesses and produce other evidence for consideration.
- Following the conclusion of all interviews and any other elements of an investigation, the investigator(s) shall submit a summary of findings and recommendation(s) for further action to the Associate Vice President of Student Affairs and the College Title IX Co-Coordinators. The Associate Vice President of Student Affairs will also have access to all materials from the investigation including, but not limited to, reports, recordings, written/typed notes, information supplied by witnesses, and other relevant materials and information. This summary will typically be delivered within fifty calendar days of receipt of a report of sexual misconduct. If the complexity of an investigation requires more than fifty calendar days, the investigator(s) will inform all parties involved, the Associate Vice President of Student Affairs, and the College Title IX Co- Coordinators on or before the fifty calendar day and include an estimated time to complete the summary.
- Within ten calendar days of the investigator's summary being received, the Associate Vice President of Student Affairs shall simultaneously issue a written statement to the reporting individual(s) and respondent(s), indicating what action(s), if any they are taking and any sanctions assigned to students. The action proposed by the Associate Vice President, may consist of:
- A determination that the complaint was not substantiated and the respondent is being found not responsible for violating the policy.
- A determination that the complaint was substantiated and the respondent is being found responsible for violating the Sexual Misconduct & Non-Discrimination Policy. If a student is found responsible for sexual misconduct violations, sanctions consistent with the severity of the offense will be imposed and may include, but are not limited to: Written warning, no contact orders, conduct probation, suspension, dismissal, and/or permanent transcript notation, sanctions are suspension with additional requirements and dismissal. For findings of responsible for Sexual Assault, the SUNY mandate is that students either be suspended or dismissed from the institution1.. These letters shall include a listing of the factual findings for each section of the Code of Conduct that a student was charged with violating and the evidence relied upon to reach each finding.
Reporting individuals and respondents do not directly question one another throughout these procedures. The investigator(s) may conduct secondary interviews with involved parties to obtain additional or corroborating information, or to address conflicting reports or specific questions. Reporting Parties and Responding Parties may request interviewers ask specific questions of the other parties.
1.This was stipulated in the SUNY policies directive entitled, SUNY Policies on Sexual Violence Prevention and Response dated December 1, 2014, page 12. Sexual assault is defined to be a Code of Conduct violation consistent with the Federal definition of rape adopted by the Department of Education in Final Regulations (http://www.gpo.gov/fdsys/pkg/FR-2014-10-20/pdf/2014-24284.pdf, page 62789), from the Uniform Crime Reporting system of the Federal Bureau of Investigations. “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” Consent for these purposes is the consent definition in these policies and the legislation.
Sanctions (These Sanctions apply only to student respondents and/or recognized student groups)
A. Written Warning
Written warning is an official notification that the behavior of the student or student organization has been unacceptable. Written warnings will be placed in the student’s or student organization’s official conduct file. [Not eligible to appeal.]
B. Conduct Probation
Conduct probation indicates to a student that his/her behavior has resulted in a sanction close to suspension. It is imposed for a definite period of time and includes the likelihood of more severe conduct sanctions, including suspension or dismissal, if the student is found to be violating or to have violated any section of the Student Code of Conduct during the probationary period, and may include ongoing conduct requirements. A student on probation may be required to meet periodically with a person designated by the Director of Community Standards and Counseling.
C. Conduct Suspension
Suspension prohibits the student from attending FLCC for a designated period of time, which shall not exceed a period of more than five calendar years following the effective date. While on suspension the student is, in most cases, restricted from being on college property. The Director of Community Standards and Counseling or designee will determine the effective dates of the suspension. If required by the suspension, a student who has been suspended must petition for re-enrollment through the Office of the Associate Vice President of Student Affairs and/or Admissions Review Board. Notice of suspension is kept permanently in the student’s official college record maintained by the Registrar’s Office and by the Community Standards and Counseling Office.
D. Conduct Dismissal
Conduct dismissal permanently separates the student from the institution, prohibits the student from ever attending Finger Lakes Community College and, in most cases, and restricts a person from being on college property. A student may not be readmitted to the College after dismissal. Dismissals are usually accompanied by permanent transcript notations (see below.) Notice of conduct dismissal is kept permanently in the student’s official college record maintained by the Registrar’s Office and by the Community Standards and Counseling Office.
E. Permanent Transcript Notation
Permanent Transcript Notations (PTN) indicating disciplinary action taken will be placed on student records where students have been found guilty of violating the Code of Conduct in the instances of behavior that leads to death or serious physical injury of another person, sexual assault or hazing. Finger Lakes Community College reserves the right to determine additional serious violations that will result in a PTN. A PTN will appear on a student’s official academic transcript as grades of AW (Administrative Withdrawal) for the classes during the semester in which the sanction is imposed and a brief comment on the transcript noting sanction and date(s).
A student may appeal to remove a PTN from their transcript no sooner than one calendar year from the original sanction date. Requests for removal should be sent to the Associate Vice President of Student Affairs and should include a rationale for the request. Appeals will be reviewed by the AVP of Student Affairs and the Provost, Vice President for Academic and Student Affairs and a decision will be rendered within 30 calendar days from the receipt of the appeal.
When the decision is to not approve a request, the student may re-submit after one calendar year has elapsed. There shall be no more than five appeals for any student. Rationale for the reason the appeal is not granted will be provided.
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 1 established in 201 092(f)(1)(F)(i)(I)-(VIII), institutions shall make a notation on the transcript of students found responsible after a conduct process that they were “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” For the respondent who withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, institutions shall make a notation on the transcript of such students that they “withdrew with conduct charges pending.”
F. Interim Suspension
The Director of Community Standards and Counseling, or designee, may summarily suspend a student and/or student organization; prohibit the same from any or all appropriate portions of college premises, college-related activities, or registered student organization activities; and/or permit the student or student organization to remain only under specified conditions for the interim period prior to a conduct conference. An interim suspension will be imposed whenever the Director of Community Standards and Counseling or designee determines that the continued presence of the student on the College campus poses a significant risk of substantial harm to the health and/or safety of another student, other members of the college community, to the stability or continuance of normal college functions, or to property.
The Director of Community Standards and Counseling or designee may suspend a student for an interim period pending conduct proceedings or medical/mental health information. The interim suspension will become effective immediately without prior notice. Interim suspension may be imposed only:
- To ensure the safety and well-being of members of the college community or preservation of college property;
- To ensure other students' physical and/or emotional safety and well-being;
- If the student poses a significant threat of disruption of or interference with the normal operations of the College.
A student subject to an interim suspension will be given written notice of the suspension and will be referred to these standards and procedures. The student will be given an opportunity to appear personally before the Director of Community Standards and Counseling or designee within four college business days from the effective date of the interim suspension, in order to review the following issues:
- The reliability of the information concerning the student's conduct;
- Whether or not the conduct and surrounding circumstances reasonably indicate a significant risk as described above;
- Whether the risk posed by the student is the result of a medical or mental health condition or disability.
If the risk posed by the student is the result of a medical or mental health condition or disability, the Director of Community Standards and Counseling, or designee, shall also determine whether the risk can be eliminated or sufficiently reduced through reasonable accommodation and, if so, shall take appropriate steps to ensure that accommodation is provided. The Director of Community Standards and Counseling, or designee, may require that the student submit medical or mental health information to determine whether any such condition exists and whether reasonable accommodation is possible. If the student fails to submit required information and/or the available evidence establishes that the student’s presence poses a significant risk of substantial harm to the health and/or safety of other students, other members of the college community, or to the stability or continuance of normal college functions or property, the Director of Community Standards and Counseling, or designee, may continue the interim suspension.
For cases filed under this policy the appeals process is as follows:
Following receipt of the letters from the Associate Vice President of Student Affairs the reporting individual(s) and respondent(s) will have the opportunity to appeal the finding (responsible or not responsible) and/or the sanctions assigned by the Associate Vice President of Student Affairs. Such appeals must be submitted in writing to the Director of Community Standards and Counseling (or designee) within seven college business days of students signing for their respective letters. Appeals of sexual misconduct complaint outcomes are always heard by the Conduct Appeals Board. Appeals for discrimination complaints that do not result in sanctions of suspension, conduct dismissal and/or Permanent Transcript Notation would be heard by AVP of Student Affairs.
The grounds to file an appeal include substantive procedural error, sanctions are not appropriate, and new evidence has become available. If one party in a sexual misconduct matter appeals, the other party will be informed at the close of the seven day period and given three additional business days to submit an opinion/position paper regarding their perspective on the outcome, e.g., if a respondent appeals, the reporting individual will have the opportunity to comment on the original outcome as well. These opinion/position papers are written without seeing the appeal of the other party. In cases of Sexual Misconduct, both the reporting and responding parties are eligible to appeal any decisions.
Appeal Process for Violations NOT resulting in Suspension, Conduct Dismissal and/or Permanent Transcript Notation:.
Sanctions which fall into this category are appealed to the Associate Vice President of Student Affairs (or designee when applicable). The appeal must be in writing and must be delivered to the Director of Community Standards & Counseling, Conduct Officer, or designee within the time-frame stated in the sanction letter.
- During the period of appeal, all sanctions will be considered in effect, pending the resolution of the appeal. Students restricted from classes may be given the opportunity to participate and/or submit work remotely at the discretion of the Director of Community Standards and Counseling or designee. Exemptions to this procedure may be requested by the Associate Vice President of Student Affairs.
- The Associate Vice President of Student Affairs will review the appeal.
- The appeal process will consist of a review of the records of the conduct conference and the supporting documents as well as the student, or authorized representative of a student organization, meeting with the Associate Vice President of Student Affairs. The meeting will be electronically recorded and the student may request a copy of the recording within three college business days of the receipt of the decision. The College shall have five business days from the time of the request to supply the recording.
- The student will be notified in writing of the Associate Vice President of Student Affairs decision within five College business days following their meeting.
- If the appeal is denied, the original sanctions imposed may be upheld or reduced.
- If a student or student organization (through an authorized student representative) fails to schedule or appear at an appeal meeting following proper written notification, the Associate Vice President of Student Affairs or designee may render a decision using the information available and without the benefit of having the student or organization’s representative’s input or information. Such decisions do not presume a finding of responsibility, or automatically result in upholding of sanctions.
- Appeal meetings may be rescheduled at the discretion of the Associate Vice President of Student Affairs.
- Students are limited to one appeal for each conduct conference.
- The Associate Vice President of Student Affairs’ decision is final.
Appeal Process for Violations resulting in Suspension, Conduct Dismissal and/or Permanent Transcript Notation:
Sanctions which fall into this category are appealed to the Conduct Appeals Board. The Conduct Appeals Board is composed of three faculty members (appointed by the Faculty Teaching Alliance), two full-time staff members and two matriculated students (appointed by the director of Student Life) who have each completed the minimum of twenty-four credits at FLCC and are in good academic and conduct standing. The chair of the Conduct Appeals Board will be a member of the faculty. [The Conduct Appeals Board is trained by the Director of Community Standards & Counseling on an annual basis, or prior to any hearing, to ensure that members understand the process and procedures associated with the appeal.]
- During the period of appeal, all sanctions will be considered in effect, pending the resolution of the appeal. Students restricted from classes may be given the opportunity to participate and/or submit work remotely at the discretion of the Director of Community Standards and Counseling or designee. Exemptions to this procedure may be requested by the Associate Vice President of Student Affairs.
- The appeal must be in writing and delivered to the Director of Community Standards and Counseling (or designee) within the time frame stipulated in the sanction letter.
- For cases in which the student or student organization is entitled to and has requested a hearing before the Conduct Appeal Board within the designated time-frame, the Director of Community Standards & Counseling shall schedule the hearing.
- The hearing shall commence no sooner than five College business days after the request for a hearing.
- The student or student organization will be given a minimum of five college business days’ notice prior to the hearing and may request a hearing time at a future date/time. Such requests must demonstrate extenuating circumstances and are at the discretion of the Director of Community Standards & Counseling.
- The student or student organization shall have the right to file with the Conduct Appeal Board a written response to any charge(s) and/or sanction(s). Any response must be delivered to the Director of Community Standards and Counseling at least three full business days prior to the hearing.
- The student or authorized representative of the student organization is offered the opportunity to have a supporter from the College community (defined in the Supporter section) to provide assistance and support before and during the formal hearing with the Conduct Appeal Board. The support shall not include legal counsel except in cases of sexual misconduct hearings.
- The student or authorized representative of the student organization may invite witnesses, both factual and character, and bring other materials to the hearing. The student or student organization must provide the names, contact information, any other materials, and purpose of the desired attendance and/or use to the Director of Community Standards & Counseling at least three full College business days prior to the hearing. This information will be shared with the Board members prior to the hearing. Absent extenuating circumstances the maximum number of witnesses shall not exceed five. It is the responsibility of the student or student organization to arrange for the attendance of any witnesses. Hearings will not be postponed for late or absent witnesses.
- If a desired witness is unable to attend the designated hearing time, the student or student organization may obtain a written notarized statement from the witness to present at the hearing.
- The hearing shall be closed to the public.
- Personal belongings, other than files or other items pertinent to the hearing, will not be allowed to be brought into the room by the student, authorized student organization, supporter, or Board members. Provisions will be made to store personal belongings outside the hearing room by the Director of Community Standards and Counseling, or designee.
- The chair, or a member of the Conduct Appeals Board designed by the chair to preside, shall have the right to determine the acceptability of testimony, including witnesses and any notarized statements and any other evidence during the hearing and may place time limitations on testimony and closing arguments.
- The student, authorized representative of the student organization, and respondent(s) shall have the right to submit evidence and question all adverse witnesses who testify in the matter. If the Conduct Appeals Board elects to accept a witness’s notarized written statement in lieu of live testimony, the identity of the witness and their statements shall be fully disclosed to the student, authorized representative of the student organization, and respondent(s) at the hearing and they shall be given the opportunity to respond to such statements. Witnesses other than the student, authorized representative of the student organization, and respondent(s) shall be present only when they are giving testimony. It is the student’s responsibility to arrange for witnesses to attend the hearing.
- In rare instances, the College may elect to present formally a case using legal counsel. If the College elects to present a case using legal counsel, the student or student organization will be given notice of the decision and will also have the opportunity to be represented by legal counsel at the student’s or student organization’s own expense.
- The hearing shall be recorded on equipment supplied by the College. The student, authorized representative of the student organization or respondent may request a copy of the recording by submitting a written request to the Director of Community Standards & Counseling or designee within five business days following the hearing. The recording shall be made available to the student, authorized representative of the student organization or respondent not sooner than five College business days following the hearing.
- Both sides shall be given reasonable opportunity to present a closing statement.
- If a student or student organization (through an authorized student representative) fails to schedule or appear before the Conduct Appeals Board, following proper written notification, the Conduct Appeals Board may render a decision using the information available and without the benefit of having the student or organization’s representative’s input or information. Such decisions do not presume a finding of responsibility, or automatically result in upholding of sanctions.
- Conduct Appeals Boards are not normally rescheduled absent extenuating circumstances. They may be rescheduled at the discretion of the Associate Vice President of Student Affairs or designee for cause.
- At the close of the hearing, the Conduct Appeals Board shall deliberative privately. The Board will seek to reach consensus in adjudicating cases. In the event there is no consensus, a majority vote (the chair voting) will determine the outcome. Within five College business days after the close of the hearing, the Conduct Appeals Board shall report its findings and recommendation(s) in writing to the Director of Community Standards & Counseling.
- Within five College business days from receipt of the Board’s decision, the Director of Community Standards & Counseling will notify the student or student organization in writing of the outcome of the hearing and will also notify the student, if responsible, of the sanction(s) changed or was upheld.
- The student or organization has the option to accept the Conduct Appeals Board’s decision or to appeal the Conduct Appeals Board’s decision to the College President.
Appeal of the Conduct Appeals Board's Decision to the College President:
- The student or student organization has the right to file a request for appeal with the College President within five College business days of the written notification of the disposition of the Conduct Appeals Board. The request should state the basis for the request and include all supporting documents.
- 2. A copy of the appeal must be submitted to the Director of Community Standards and Counseling or designee. During the period of appeal, all sanctions will be considered in effect, pending the resolution of the appeal. Students restricted from classes may be given the opportunity to participate and/or submit work remotely at the discretion of the Director of Community Standards & Counseling or designee. Exemptions to these procedures may be requested from the Associate Vice President of Student Affairs.
- The request for appeal will be considered only if it merits at least one of the grounds for appeals mentioned previously.
- The College President shall decide if the appeal has merit or not (e.g., to review or not review the decision):
- If the appeal alleges that there was a substantive defect in procedure or new evidence is presented and the College President finds that there was a substantive defect in the procedures or new evidence presented which was sufficiently substantial to have affected the outcome, the College President will order a new hearing;
- If the appeal alleges that the sanction was inappropriate and the College President finds the sanction to be inappropriate, the College President may change or decrease the sanction.
- The College President will notify in writing the student or student organization, and the Director of Community Standards & Counseling, of their decision within five (5) College business days of their receipt of the request for appeal. If the College President requires additional time, the Director of Community Standards and Counseling may extend a time limit. The extension shall be in writing and shall include the reason for the extension, and copies shall be forwarded to the student and student organization.
- The decision of the College President to change a sanction or sustain the findings of the Conduct Appeals Board is final.
- The result of any new hearing ordered by the College President may be appealed only as detailed in the section. If a new hearing is ordered, the new hearing will be held before the original hearing authority.
Reporting Parties and Responding Parties are offered the option to have an advisor accompany them to procedural reviews, interviews, and any other meetings with college officials. In all sexual misconduct matters this advisor may be a member of the college community (defined as currently enrolled student or current employee) or may choose to have someone outside the above definition as an advisor, including legal representation. Upon request, the College will supply the name of a potential advisor from the college community. The student is responsible for contacting the advisor to obtain their approval to serve in this role. The student shall submit the contact information to the investigator(s) at least three full college business days prior to any meeting. At a student’s request, a meeting may be postponed for a maximum of three college business days while the student contacts an advisor of their choosing.
- An advisor's role is limited. The advisor may:
- attend meetings with the student;
- speak privately or communicate in writing with the student during meetings; and
- request a brief break to speak to the student outside the meeting room, such requests will be granted at the discretion of the investigator(s).
- The advocate cannot:
- investigate the charges outside of the stated conduct procedures;
- present the student’s case on behalf of the student;
- question and respond to the investigator(s) on behalf of the student during the interview; or
- speak to other parties on behalf of the student.
Advisors who do not follow these guidelines will not be allowed to continue in the process with the student. Reporting individuals and respondents are responsible for presenting themselves and their perspectives during sexual misconduct procedures.
Alcohol and/or Drug Use Amnesty in Sexual and Interpersonal Violence Cases
The health and safety of every student at the State University of New York and its State-operated and community colleges is of utmost importance. FLCC recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. FLCC strongly encourages students to report incidents of domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to FLCC officials or law enforcement will not be subject to FLCC code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
The College has education programs to promote the awareness of rape, acquaintance rape, dating violence, domestic violence, sexual assault, and stalking. These education programs include primary prevention and awareness programs for all incoming students and new employees. Campus Safety and appropriate college administrators attend local, state and national trainings on preventing and addressing sexual violence and improving compliance with existing federal laws. These education programs will include a statement that these crimes are prohibited at the College; definitions of consent, domestic violence, dating violence, sexual assault, and stalking in the College’s jurisdiction; safe and positive bystander intervention when there is a risk of one of those incidents; information on risk reduction to recognize warning signs of abusive behavior and avoiding potential attacks; and information about the institutional conduct procedures. The various programs and trainings offered by the College are described below:
- Prevention Programs: These are programs to prevent dating violence, domestic violence, sexual assault, and stalking. The programs are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research or assessed for value, effectiveness, or outcome. They also consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community, and societal levels. Examples of prevention programs include:
- Session on health and wellness
- Bystander awareness information
- Continuum of sexual violence information
- Meet your Campus Safety Officers
- Interactive Campus Safety awareness programs around themes of reporting violence, dating, domestic, sexual assault, and stalking
- Program series with an emphasis on mental and physical health
- Alcohol awareness events with Campus Safety
- The Director of Student Health Services provides annual training to Resident Assistants which includes small group discussion, decision-making, and critical thinking regarding the continuum of relationship violence, rape myths, beliefs, intervention opportunities and making referrals
- Approximately 50-70% of all sexual assaults involve alcohol (American College Health Association, 2008). FLCC and the Campus-Community Coalition continue to implement the Federal Substance Abuse and Mental Health Administration's Challenging College Alcohol Abuse (CCAA) model program. This program targets traditional-age students to challenge attitudes, behaviors and misperceptions about alcohol as well as creating an atmosphere of deterrence for underage alcohol use. Visit: www.flcc.edu/studenthealth/coalition.cfm. The Director of Student Health Services continues to implement the Brief Alcohol/Drug Screening and Intervention (BASIC) program for students with alcohol/drug sanctions, to incrementally reduce risk factors for substance abuse, including prevention of sexual assault.
NYS Division of Human Rights State Headquarters
NYS Division of Human Rights One Fordham Plaza, 4th Floor Bronx, NY 10458
Tel: 718.741.8400 Fax: 718.741.3214
NYS Division of Human Rights
Empire State Plaza, Corning Tower, 28th Floor PO Box 2049
Albany, NY 12220
Office of Sexual Harassment NYS Division of Human Rights Office of Sexual Harassment
55 Hanson Place, Suite 347
Brooklyn, NY 11217
Tel: 718.722.2060 or 800.427.2773 Fax: 718.722.4525
Office of AIDS Discrimination
NYS Division of Human Rights Office of AIDS Discrimination
20 Exchange Place, 2nd Floor
New York, NY 10005
Tel: 212.480.2522 or 800.522.4369
United States Department of Labor
Office of Federal Contract Compliance Programs (OFCCP)
201 Varick St., Room 750 New York, NY 10014 Tel: 212.337.2006 Fax: 212.620.7705
OFCCP New York District Office
26 Federal Plaza, Room 36-116
New York, NY 10278-0002
Tel: 212. 264.7742
Fax: 212. 264.8166
NYS Department of Labor
State Campus, Building 12, Room 500
Albany, NY 12240-0003
Tel: 518. 457.2741
Fax: 518. 457.6908
U.S. Equal Employment Opportunity Commission EEOC National Headquarters
131 Main St. NE, 4th Floor, Suite 4NW02F Washington, DC 20507
Tel: 202. 663.4900 Fax: 202. 663.4912
EEOC Field Office
6 Fountain Plaza, Suite 350
Buffalo, NY 14202
Finger Lakes Community College Student Conduct Process (Process Involving Potential Dismissal, Suspension Resulting From Sexual Misconduct Complaints)
Occurred Before the Meeting
Once a person or entity becomes aware of a possible violation, a formal complaint alleging a violation of the Sexual Misconduct and Non-Discrimination Policy (commonly referred to as Title IX) was filed with the Office of Community Standards & Counseling, the Human Resource Office, Student Health Office and/or the Office of Campus Safety. Any member of the campus community can file a complaint. Events that occur off campus can also be included in the complaints. If the Responding Party is a college employee, the College will follow the Procedures; Harassment and Non-Discrimination Prevention Guidelines for Employees.
Once a report is received involving current student(s), the Director of Community Standards & Counseling will begin an investigation to determine if there is evidence to support a violation of the Sexual Misconduct and Non-Discrimination Policy. If the Responding Party is a student, and there is determination that there may have been a violation of the Sexual Misconduct and Non-Discrimination Policy the student(s) will be notified in writing of a procedural review.
Procedural Review & Conduct Overview
A procedural review will be scheduled by the Director of Community Standards & Counseling. The review is to provide insight on the process. An explanation, or clarification, of the charges is provided.
Upon completion of the procedural review, a CONDUCT HEARING, will take place. [This can be immediately following the procedural review, or at another time.]
A hearing will be used to determine the involvement of the student in the alleged violation(s). The burden of proof is preponderance of evidence, which means more likely than not.
At the conclusion of the hearing, witnesses may be interviewed, additional evidence may be sought and/or follow up hearings may occur. At the conclusion of the hearing the Director of Community Standards & Counseling will recommend findings to the appropriate College Official.
Both the Reporting Party and Responding Party will have the same rights during the process, this includes the right to a procedural review, right to an investigation, right to an advisor, to bring witnesses, and to be informed at every step of the process.
Procedural Review & Conduct Hearing Overview
A finding of responsible and the sanction includes: Suspension, Dismissal or Permanent Transcript Notion
APPEALS: Students who are found responsible for violating the policy will be notified in writing and have five college working days to submit an appeal to the Conduct Appeals Board. Appeals can be filed based upon the following reasons: (1) substantive procedural error; (2) sanctions being inappropriate; and or (3) new evidence is available.
Appeal hearings will be scheduled no sooner than 5 business days after receipt of the request. Witnesses and evidence can be heard from both parties. Decision is the majority of the five-seven person board. The hearing is closed to the public. The student is informed of the Board’s decision within five college business days. The student has the right to a final appeal to the College President.
If the Board upholds the original decision, the student can appeal to the President of the College. The appeal must be received within 5 business days to the President’s Office. It is the sole decision of the President to decide if s/he wishes to meet with the student and/or any other parties; have access to any or all materials associated with the case and render a new outcome. The President has the right to uphold the findings; reduce sanctions or reverse the finding. The decision is final. The outcome will be delivered to the student, in writing, within five business days.
This is an overview of the Sexual Misconduct & Non-Discrimination Policy for Students. It is not intended to provide the complete step-by-step process but rather a summary.