Policy Name: Sexual Violence Prevention and Response
Responsibility for Maintenance: Student Engagement and Learning Support; Campus
Safety and Security; Title IX Coordinator
Date of most recent
changes: September 25, 2018
College is committed to fostering a campus community where individuals are
treated with dignity and where allegations of prohibited conduct, including,
but not limited to: sexual violence, domestic or dating violence, sexual
harassment, and stalking are treated seriously and timely resolved.
Consistent with Title
IX of the Education Amendments of 1972, Onondaga Community College does not
discriminate on the basis of sex in its education programs and services.
Retaliation against an individual who files a complaint of sex discrimination
is strictly prohibited. Services and protections are provided pursuant to this Policy and NYS Education Law Article 129-B 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. Any questions regarding Title IX may be referred to the
college’s Title IX Coordinator at 315-498-2692, or [email protected].
Reason for Policy
This policy complies
with Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure
of Campus Security Policy and Campus Crime Statistics Act, the Campus Sexual
Violence Elimination Act (SaVE Act), and NYS Education Law Sections 6432 and
Applicability of the Policy
This policy applies
to all members of the College community.
Title or Position
Regarding Sexual and Interpersonal Violence Policies and Procedures
President, Title IX Coordinator
Engagement and Learning Support
Assault Counseling Referral
Safety and Security
definitions have been adopted by the State University of New York and its
Violence: Under New York law
domestic violence is an act which would constitute a violation of the penal
law, including, but not limited to: disorderly conduct, harassment, aggravated
harassment, sexual misconduct, forcible touching, sexual abuse, stalking,
criminal mischief, menacing, reckless endangerment, kidnapping, assault,
attempted murder, criminal obstruction or breaching of blood circulation, or
strangulation; creates a substantial risk of physical or emotional harm to a
person or a person’s child; and, is committed by a family member. The victim
can be anyone over the age of sixteen, any married person, or any parent
accompanied by his or her minor child or children in situations in which such
person or such person’s child is a victim of the act.
Violence: New York law does
not specifically define “dating violence.” However, under New York law,
intimate relationships are covered by the definition of domestic violence when
the act constitutes a listed crime and is committed by a person in an “intimate
relationship” with the victim. See “Family or Household Member” for
definition of “intimate relationship.”
Assault: The term “sexual
assault” is not used in the New York State penal code. Instead, NYS law uses
the terms “rape,” “fondling,” “incest,” and “statutory rape,” which meet the
federal definition of sexual assault as used in the Federal Bureau of
Investigation’s Uniform Crime Reporting program.
Rape: Rape is non-consensual sexual
intercourse perpetrated by coercion, intimidation, or physical force, either
threatened or actual. Rape also occurs when the victim is incapable of giving
legal consent because the victim is less than 17 years of age, mentally
incapacitated or incompetent, physically helpless, including by drug or alcohol
consumption or due to being asleep.
Fondling: The touching of the private body parts
of another person for the purpose of sexual gratification, forcibly and/or
against that person’s will; or, not forcibly or against the person’s will where
the victim is incapable of giving consent because of his/her youth or because
of his/her temporary or permanent mental or physical incapacity.
Incest: Non-forcible sexual intercourse
between persons who are related to each other within the degrees wherein marriage
is prohibited by law.
Rape: Non-forcible sexual
intercourse with a person who is under the age of consent.
Stalking: Occurs when one person engages in a
course of conduct which is directed at a specific person and that course of
conduct causes that person to be in fear of harm to himself or herself,
property, a member of his/her immediate family, or an acquaintance. Cyber
stalking is a form of stalking which can include, but is not limited to, phone,
text, IM, Facebook, and other electronic means.
Consent: Affirmative consent
is a knowing, voluntary, and mutual decision among all participants to engage
in sexual activity. Consent may be given by words or actions, as long as those
words or actions create clear permission regarding willingness to engage in the
sexual activity. Silence or lack of resistance, in and of itself, does not
demonstrate consent. The definition of consent does not vary based upon a
participant’s sex, sexual orientation, gender identity or gender expression.
Consent to any sexual
act or prior consensual sexual activity between or with any party does not
necessarily constitute consent to any other sexual act. Consent is required
regardless of whether the person initiating the act is under the influence of
drugs and/or alcohol. Consent may be initially given but withdrawn at any time.
Consent cannot be
given when a person is incapacitated, which occurs when an individual lacks the
ability to knowingly choose to participate in sexual activity. Incapacitation may
be caused by the lack of consciousness or being asleep, being involuntarily
restrained, or if an individual otherwise cannot consent. Depending on the
degree of intoxication, someone who is under the influence of alcohol, drugs,
or other intoxicants may be incapacitated and therefore unable to consent.
Consent cannot be
given when it is the result of any coercion, intimidation, force, or threat of
When consent is
withdrawn or can no longer be given, sexual activity must stop.
Alcohol and Other Drug Use Amnesty in Sexual and Interpersonal Violence Cases
The health and safety
of every student of the State University of New York and its New York
State-operated colleges is of utmost importance. Onondaga Community College
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. The College strongly encourages students to
report incidents of domestic violence, dating violence, stalking, or sexual
assault to College officials. A bystander acting in good faith or a reporting
individual acting in good faith who discloses any incident of domestic
violence, dating violence, stalking, or sexual assault to College officials or
law enforcement will not be subject to the College's code of conduct action for
violations of alcohol and/or drug use policies occurring at or near the time of
the domestic violence, dating violence, stalking, or sexual assault incident.
Nothing in this section shall be construed to limit the College’s ability to
provide amnesty in additional circumstances.
VIII. Procedures: Disclosing or Reporting
disclosure of an incident may be made to the Onondaga Community College
Counseling Office at 315-498-2675. In addition, there are a number of publicly
available services through which a confidential report may be made, see: 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: Vera House: http://verahouse.org;
Legal Momentum: https://www.legalmomentum.org/; NYSCASA: http://nyscasa.org/contact/; 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; and Safe Horizons: http://www.safehorizon.org/. (Please 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 Onondaga Community College. Reporting individuals also are encouraged to
contact a campus confidential or private resource so that the campus can take
appropriate action in these cases).
To report an incident to one of the following College officials who can offer privacy
and can assist in obtaining resources, please contact one of the following
offices (please note that an official who can offer privacy 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 Coordinator):
Safety and Security: Service & Maintenance Building, 315-498-2311 or by
IX Coordinator: Anastasia Urtz, 207B Whitney Applied Technology Center,
315-498-2692, [email protected];
Life, 4969 Onondaga Road, Coyne Hall, 315-498-2351;
Engagement and Learning Support, 194 Ransom Mackenzie Drive, Gordon Student
Complaints. To file a criminal
complaint with Campus Safety and Security and/or with local law enforcement:
315-498-2311. To file a criminal complaint directly with the Onondaga County
Sheriff’s Office: 315-435-3092. To report a sexual assault on a New York
college campus with the NYS State Police: 1-844-845-7269.
Reporting. Individuals wishing
to file an anonymous report of sexual assault, domestic violence, dating
violence, and/or stalking, and/or talk to the Title IX Coordinator for
information and assistance without disclosing his or her identity are free to
Employees. When the individual accused of
violating these policies is an employee of the College, a reporting individual
also may report the incident to Human Resources or may request that one of the
above referenced confidential or private employees assist in reporting to Human
Resources. Disciplinary proceedings will be conducted in accordance with
applicable collective bargaining agreements. When the accused is an employee of
an affiliated entity or vendor of the College, College officials will, at the
request of the reporting individual, 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 to obtain a persona non grata
letter, subject to legal requirements and College policy. Human Resources may
be reached at 315-498-2330. Contact may be made with Human Resources for the
College’s affiliated organizations and vendors through the Title IX
of Complaint. A
reporting individual is entitled to withdraw a complaint and/or discontinue
participation in the College process at any time. Similarly, a reporting
individual is free to choose whether and when to report an incident to public
authorities. The College reserves the right to pursue disciplinary or other
action on its own where there is reasonable suspicion to believe that College
policies have been violated.
To obtain effective
intervention service, contact the Counseling Center, Coulter Library,
Room 230, 315-498-2675, between the hours of 8:30-4:30; or Vera House,
24-hour phone number: 315-468-3260. These services are offered free of charge.
resources include: Upstate Medical University Community General Campus,
4900 Broad Road, Syracuse, NY, 315-492-5011. 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/help-crime-victims, or by calling 1-800-247-8035. Options
are explained here: https://www.suny.edu/violence-response/.
To best preserve
evidence avoid showering, washing, change clothes, combing hair, drinking,
eating, or doing anything to alter physical appearance until after a physical
examination has been completed.
Protection and Accommodations:
protections and accommodations are available under this policy:
reporting offenses described in this policy will be provided written
information about the importance of evidence preservation, how and to whom to
report these crimes, options about involving law enforcement and campus
authorities, and assistance in notifying law enforcement if the reporting
individual chooses, as well as the option to decline to notify authorities.
Please note that the criminal justice process uses a different standard of proof than the civil process or the college conduct process. Specific questions about whether an incident violates the penal law should be directed to the Onondaga County District Attorney's Office. Reporting individuals also will be provided information in writing about rights
and institutional responsibilities regarding no contact orders, orders of
protection, or other available applicable options.
the accused is a student, to request that the College issue a “No Contact
Order,” meaning that continuing to contact the protected individual is a
violation of College policy subject to additional conduct charges. If the
accused and a protected person observe each other in a public place, it is the
responsibility of the accused to leave the area immediately and without
directly contacting the protected person. Consistent with College policy and
procedures, both the accused/respondent and the reporting individual may
request a prompt review of the need for and terms of a no contact order.
Parties may submit relevant evidence in support of their request.
have assistance from Campus Safety and Security or other College officials to
initiate legal proceedings in Family or Civil Court and to obtain an Order of
Protection or, if outside New York State, an equivalent protective or
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).
receive an explanation of the consequences for violating these orders,
including but not limited to arrest, additional conduct charges, and interim
have assistance from Campus Safety and Security in effecting an arrest when an
individual violates an order of protection or, if Campus Safety and Security
does not have arresting powers in the applicable jurisdiction, to call on and
assist local law enforcement in effecting an arrest for violating such an
the accused is a student and presents a continuing threat to the health and
safety of the community, to have the accused subject to interim suspension
pending the outcome of a conduct process. Consistent with College policy and
procedure, any party may request prompt review of the need for and terms of an
the accused is not a student but is a member of the College community and
presents a continuing threat to the health and safety of the community, to have
interim measures applied to the accused in accordance with applicable
collective bargaining agreements, employee handbooks, and College rules and
the accused is not a member of the College community, to have assistance from
Campus Safety and Security or other College officials in obtaining a persona
non grata letter, subject to legal requirements and College policy.
obtain reasonable and available interim measures and accommodations that effect
a change in academic, housing, employment, transportation, or other applicable
arrangements to ensure safety, prevent retaliation, and avoid an ongoing
hostile environment, any individual may make a
request through any of the offices referenced in this policy. The Title IX
Coordinator can serve as a point of contact to assist with these measures, as
well as to assist with a request for a prompt review of the need for and terms
of any interim measures and accommodations that directly affect the requesting
party. The Title IX Coordinator at Onondaga Community College is: Anastasia L.
Urtz, 207B Whitney Applied Technology Center, 315-498-2692, [email protected]
College Student Conduct Procedures:
reporting individual may request that student conduct charges be filed against
an accused student. Conduct charges may be applied to any incident with a
reasonable connection to the campus, including incidents that occur on campus,
off campus, or while studying abroad.
Community College’s Student Conduct proceedings are governed by Policy
N5-Student Conduct and Disciplinary Procedures, the Onondaga Community College
Student Conduct Procedures, federal and New York State law, including the due
process provisions of the United States and New York State Constitutions.
College will conduct a timely review of all complaints filed pursuant to this
policy. Absent extenuating circumstances, review and resolution is expected to
take place within 60 calendar days from receipt of the complaint. If an appeal
is filed, a final resolution is expected within 30 additional days, absent
standard of review in all cases arising under this policy is a “preponderance
of the evidence” – whether it is “more likely than not” that a prohibited act
occurred and the accused person committed that act. If the totality of the
evidence presented meets this standard, then the accused must be found
conduct proceedings, the respondent and the reporting individual will receive:
same opportunity to be accompanied by an advisor of his or her choice who may
assist and advise the party throughout the process and any related hearings or
meetings. Participation of the advisor in any proceeding is governed by federal
law and the Student Code of Conduct. Advisors are required to conduct
themselves in a manner supportive of the proceedings and consistent with the
rules of the conduct process.
prompt response to any complaint and to have a 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.
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.
written or electronic notice of the date, time, and location of any meeting or
hearing they are required or eligible to attend. Accused individuals also will
be told the factual allegations upon which the accusation is based, the
specific provisions of the code of student conduct alleged to have been
violated, and the possible sanctions.
review of the allegations. The conduct process will 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.
right to offer evidence during an investigation and to review relevant evidence
in the case file or otherwise in the possession of the College. The College
official presiding at and/or hearing a case may exclude evidence that has not
been shared or adjourn the hearing to afford all parties the opportunity to
review evidence to be presented during a hearing. The College official presiding
at and/or hearing a case will make the final decision relating to the
admissibility of all evidence, consistent with this policy.
right to present evidence and testimony at a hearing where appropriate.
range of options for providing testimony via alternative arrangements,
including telephone/videoconferencing or testifying with a room partition.
right to exclude prior sexual history with persons other than the other party
in the conduct process or their own past mental health diagnosis or treatment
from admittance in the College disciplinary stage that determines
responsibility. Past findings of domestic violence, dating violence, stalking,
or sexual assault may be admissible in the disciplinary stage that determines
opportunity to ask questions of the decision maker and via the decision maker
indirectly request responses from other parties and any other witnesses
opportunity to make an impact statement during the point of the proceeding
where the decision maker is deliberating on appropriate sanctions.
(among the parties) written or electronic notification of the outcome of a
conduct proceeding, including the decision, any sanctions and their rationale,
any available appeals procedures; changes that may occur prior to the outcome
becoming final; and, when the results will be final.
or electronic notice of the sanction(s) that may be imposed on the accused
based upon the outcome of the conduct. For students found responsible for
sexual assault, the available sanctions are suspension with additional
requirements and expulsion/dismissal.
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.
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 (5) years.
the accused and the reporting individual retain the right to choose whether to
disclose or discuss the outcome of a conduct hearing. Disclosures by the
institution will occur, if at all, only after a final determination has been
made and all appeals have been exhausted unless otherwise required by law.
more information about the conduct process at Onondaga Community College,
please contact: Student Conduct Office, 195 Ransom Mackenzie Drive West, 220
Gordon Student Center, 315-498-2444.
Prevention Education and Awareness:
College maintains educational programs to promote prevention, intervention, and
reporting of rape, acquaintance rape, dating violence, domestic violence,
sexual assault, and stalking, among other topics. These education programs
include primary prevention and awareness programs for all incoming students and
new employees designed to reduce risk, encourage reporting, and engage
bystanders in prevention. Disclosures by students at these events do not
require the College to begin an investigation but will inform education and
prevention efforts. In addition, the College offers ongoing awareness and
prevention programs to continuing students and employees, including faculty.
Among the strategies the College uses to ensure effective communications with
appropriate officials about these and other issues impacting on students and
campus well-being is the “We Care” reporting process. All members of the
College community are invited to share information of concern with the We Care
team by submitting a report (which may be made confidentially) through the
following link: http://students.sunyocc.edu/index.aspx?ekfrm=25904 .
to New York State law, the State Sexual Offenders Registry may be accessed at
the following link: http://www.criminaljustice.ny.gov/nsor/ .
Approved by the OCC Board of Trustees April 3, 2006
Updated and approved
by the OCC Board of Trustees June 28, 2010
Updated and approved
by the OCC Board of Trustees June 17, 2014
Updated and approved
by the OCC Board of Trustees March 6, 2015
Updated and approved
by the OCC Board of Trustees September 29, 2015
Updated and approved
by the OCC Board of Trustees June 19, 2018
Updated and approved by the OCC Board of Trustees September 25, 2018