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Campus Safety
Report and Clery Act Information
2006 Report Issued July 2007
This report is
filed as pursuant to 20 United States Code section 1092(f),
the "Jeanne Clery Disclosure of Campus Security Policy
and Campus Crime Statistics Act", (hereafter referred
to as the Campus Safety Act).
The purpose of this
report is to provide our faculty, staff and students and
perspective students with
campus safety information including crime statistics and
procedures to follow to report a crime.
The Student
Right-to-Know Law and the Campus Security Act was signed
into law in November of 1990. Title II of this act was known
as the Crime Awareness and Campus Security Act, which
was amended and renamed in 1998 to the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime
Statistics Act. This law mandates that institutions
receiving Title IV federal funds disseminate crime
statistics for certain serious offenses that occurred on
campus and in the adjacent areas for the current and
previous two calendar years.
SUNY Cortland enrolls a full time population of 6,000 and a part-time student population of 1,300 and employs a full and part-time work force
(excluding undergraduate students) of 1,100. More than
2,500 students reside in 15 residence halls on the
main campus and another 240 reside at the apartment complex located
at West Campus.
Map
of Jurisdiction
Students, faculty, and employees have access to academic,
recreational and administrative facilities on campus during regular
hours of operation. Access to the residence halls, however,
is limited to students and their guests according to a guest
procedure presented in the Code of Student Conduct and the
Key to Residence Hall Living.
The public can attend cultural
and recreational events on campus with their access limited
only to the facilities in which these events are held.
To report any violations of this policy or to report
suspicious persons, call the campus emergency number at ext. 2111 or 911.
All members of the campus community are urged to report
criminal incidents, emergencies and suspicious activity. The campus
emergency number is ext. 2111 or 911 these numbers
should be used for all fire, medical and police emergencies.
All reports are classified, logged and responded to
thoroughly. The off-campus emergency number is 911.
Crimes
in progress, and any other emergencies on campus can be
reported directly by any student, faculty member, or employee
to the University Police Department by dialing campus ext. 2111.
The University Police Department can also be reached using campus
emergency blue light phones or the residence hall door
phones, which have a "red" campus police emergency button.
Upon receipt of the call, the university police officers are
dispatched immediately to the site of the complaint. They prepare and
submit incident reports which are kept on file.
It is always
important to secure valuable belongings and be aware of
one's surroundings. Educational programs, seminars, videos,
posters, brochures, student newspapers, messages from
administration, etc., are ongoing They address personal
safety including rape/sexual assault, substance use/abuse,
importance of locking doors and windows, "buddy"
system, fire and property safety such as Operation
Identification, and taking belongings home during breaks.
The
information also includes safety services such as Safe Ride transportation
service, counseling, mental health services, medical
resources and emergency services.
The University
Police Department offers crime prevention programs during
the year to include:
-
Operation
Identification A State-wide effort to discourage
burglary and theft by engraving property with an easily
traced identification number.
-
Operation
Lockout An anti-theft program in the residence
halls that shows students how easy it is to become a
victim of crime and simple steps to help preserve
safety.
-
Self
Defense for Women Offered by the University Police
Department upon request. This program stresses ways women can protect themselves and
steps that can be taken to avoid becoming a victim of
crime.
-
Sexual
Assault Awareness This program is designed to offer campus community members the opportunity to speak
with a university police officer in small groups, on the
topic of sexual assault awareness and campus issues. The
topics discussed will touch upon victims rights, support
services, campus policies concerning sexual assault and
New York State Penal Law.
-
Fatal
Vision Program The guiding principle of this
program is to demonstrate how quickly impairment can
turn fun into potentially devastating consequences for
anyone who drives while impaired by alcohol or other
drugs. Fatal Vision Simulator Goggles are employed to
simulate different levels of impairment.
The program
consists of an educational discussion on New York State
Vehicle and Traffic Laws pertaining to driving while
impaired and the consequences they bring if convicted.
Also activities using the Fatal Vision Goggles are used
to show how different levels of impairment will affect a
person's reaction time as well as their ability to
perform certain tasks.
Timely Warning Policy
If there were a serious
campus threat as determined by the chief of the University
Police, in consultation with the vice president of student affairs, a "Campus Crime Alert" or "Timely
Warning" would be prepared
and distributed to the campus community via the Corey
Information, WSUC-FM. campus e-mail, campus visual messaging system, posted on building main
entrances, and the University Police Department Web site. Such reports
shall be prepared and distributed within two hours of the
said determination.
Monthly crime statistics are distributed
through e-mail and posted on the University Police Department Web site.
See the "Sexual Offender Notification Registration
Act" section later in this document for information on
the New York State and campus responsibilities with regard
to sexual offenders in the community.
Campus
Reporting Agents
- New York State
University Police Department SUNY Cortland VanHoesen
Hall, Room C-17 ext. 2111 or ext. 2112
- Vice
President for Student Affairs Corey Union, Room 407A,
ext. 4721
- Judicial
Affairs Corey Union, Room 409, ext. 4725
- Student
Health Services VanHoesen Hall, Room B-26, ext. 4811
- Residential
ServicesVanHoesen Hall, Room B-57, ext. 5570
- Athletic
Department Park Center, E-302, ext. 4954
- Counseling/Student
Development VanHoesen Hall, Room B-44, ext. 4728
- Corey
Union/Campus Activities Corey Union, Room 406, ext. 2321
- Recreational
Sports Park Center, Room E-245, ext. 4960
- Outdoor
Education Raquette Lake (315) 354-4784
Please note that these offices allow victims and witnesses
to report crime on a voluntary, confidential basis. Reports
of this nature are filed with the University Police Department for
information purposes, but there is no formal investigation
of the incident, unless the victim chooses to do so. Counselors, at the counseling center,
who are informed by persons they are counseling of the
commission of the crime, may also inform that person
that crimes can be reported to the Vice
President for Student Affairs Office on a voluntary,
confidential basis for inclusion in the College's crime
statistics only.
Victims of a sex offense will also be
informed of their option to notify either the
University Police Department for any incident occurring on campus or
the City of Cortland Police for any incident occurring
off campus, and will be assisted by College personnel in
notifying the police if desired. A listing of major
area emergency numbers appears in this report. In the event
of a major emergency, or if there is an event which poses a
threat to students, employees, or others, a "Campus
Crime Alert Bulletin" will be prepared and distributed
to Corey Union Information Desk, WSUC FM, campus e-mail
service, campus visual messaging system, main entrance to academic and residence hall
buildings, and the University Police Department Web site.
- Emergencies
(Police, Fire and Medical) Dial
911
- Aid to
Victims of Violence (607) 756-6363
- Cortland
City Police Department (607) 756-2811
- Cortland
Memorial Hospital (607) 756-3740
- Cortland
County Mental Health (607) 758-6100
- SUNY
Cortland Counseling Center (607) 753-4728
- SUNY
Cortland Health Education and Substance Education (607) 753-2066
- SUNY
Cortland Emergency Medical Service (607) 753-4111
- Alcohol
Services (607) 756-4167
- Cortland
County Sheriff (607) 756-3311
- New York
State Police (607) 756-5604
- Family
Counseling Services (607) 753-0234
- New York State
University Police Department Emergency (607) 753-2111
- New York State
University Police Department Non-emergency (607) 753-2112
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University Police
Department
Campus safety and law enforcement are coordinated by the University
Police Department, which has a police force of 19 sworn police
officers with full arrest powers. State University of New
York Police Officers must meet the highest standards in New York
State for law enforcement officers.
The officers have passed
a basic training administered by SUNY at the New York State
Police Academy in Albany, New York or a local regional police
academy and undergo continuous training to upgrade their skills.
Officers have been trained in emergency medical
procedures and first aid. They conduct
foot, bike and vehicular patrols on the campus and
residence hall areas 24 hours a day, 365 days a year.
The objective of the University Police Department is the protection of
lives and property of the students, employees and visitors
of the State University of New York College at Cortland. This
objective is pursued within the framework of the State
University of New York rules and regulations and all
local, state and federal laws.
The investigation of crimes
committed on the campus fall under the jurisdiction of
the University Police Department. The University Police Department also
work closely with the Cortland City Police, Cortland
County Sheriff's Department and the New York State Police to
assist them with incidents that may occur off campus that involve
campus staff or students.
The New York State Campus Safety
Act requires all public, private and community colleges and
universities in New York State to have a formal plan that
provides for the investigation of missing students and
violent felony offenses on campus. This includes written
agreements between university and college authorities and
the municipal law enforcement agencies having concurrent
jurisdiction.
The University Police Department at SUNY
Cortland has a local Mutual Order of Understanding (MOU)
with the Cortland City Police, the Cortland County Sheriff's
Department and the New York State Police in the event that a
violent felony or a missing student is reported to campus
authorities. Should such a report be received, SUNY
Cortland's University Police Department would request assistance from
these agencies and would conduct a complete investigation.
University
Police Advisory Board
The University
Police Advisory Board's responsibilities are: to advise the
president and the chief of the University Police Department on matters
of campus security, public safety (including signage and
parking), and personal safety; to review and suggest
improvements in safety and education programs; to assess
availability of counseling services for crime victims; to
review victim referral and campus response procedures for
sexual assault situations; to conduct ongoing assessment of
the quality of campus personal policies, (practices,
procedures, and programs; and to conform to the 1990 Amendment
to Section 6450 of the Education Law by providing
information to incoming students about sexual assault
prevention measures, penalties and related security
procedures. Annual reports must be filed with the
commissioner of education (ref. College Handbook, Section
130.08)
Physical
Plant
The Physical
Plant maintains the campus buildings and grounds with
concern for safety and security. It inspects campus facilities
regularly, promptly makes repairs affecting safety and
security, and responds immediately to reports of potential safety
and security hazards, such as broken windows and locks. Individuals with concerns about the physical safety of campus buildings
and grounds should call the Physical Plant office Monday - Friday
8 a.m. to 4:30 p.m. at ext. 2100. For emergencies that
occur during non-business hours, call the University Police
Department.
The campus is well lighted, and further lighting
improvements are being made. These include high-intensity
sodium vapor lights placed on buildings, in parking lots, in areas with heavy landscaping and trees, and along
pathways frequently traveled by students. There are 27 outdoor blue
lights emergency telephones strategically located throughout
the campus which are connected directly to the University
Police Department. In addition, security cameras have been added to
most residence halls and to vandalism vulnerable areas. Cameras continue
to be added to facilities as they are improved and renovated.
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Safety In Residence
Halls
The State University of New York Residential Services
Department is extremely committed to providing a safe
environment in the residence halls. Students are made
aware of safety concerns as well as tips on prevention
through brochures, pamphlets, floor meetings, and
presentations. While there are many safeguards in place for
residence hall students, each student must do his/her
part to assure a safe and secure environment by adhering to
the safety related policies and procedures.
Each of the residence halls is supervised by a Residence
Hall Director. The Hall Director is a professional staff
person who lives and works in the residence hall. On
almost every floor there is also a Resident Assistant. A
resident assistant (RA) is an upper class student who
has received extensive training in many different aspects of
residence hall living. The hall directors and resident
assistants undergo training in enforcing residence hall
safety and security policies as well as being aware of
potential safety hazards and concerns.
There is a designed residence hall
director on duty for the campus from 4:30 p.m.
- 8 a.m. each weekday and all day every weekend. Each residence hall has an RA on duty from
8 p.m. - 8 a.m. each weekday and from 9 p.m. - 8a.m. on weekends.
Every residence hall
student is issued key the their room and use their SUNY Cortland ID
card for access to their own residence hall main entrance. All residence halls are locked 24 hours a day.
An on-campus phone is located at the main entrance of each hall
for visitors to contact students for entry. Student
staff members (night clerks) are on duty from 11 p.m. until
early morning hours. Night clerks sit at a desk with a
phone at the front entrance of each residence hall to check
students' IDs, register guests and visitors
entering the residence hall with their host/hostess and report any unusual circumstances or situations to the hall staff or the university police.
Although the Cortland campus is a fairly safe place to
live, there is always the potential for crime, including on
a college campus. Residence hall students should not be
lulled into a false sense of security.
Policy On Alcohol
And Drugs
The illegal possession and/or use of marijuana,
barbiturates, amphetamines, hallucinogenic compounds,
narcotics and other controlled substances are in
violation of state and federal law. SUNY Cortland permits
the use of alcoholic beverages on campus by those who
comply with state law and who adhere to the guidelines
established by the Student Code of Conduct.
Students living in the College's residence halls who are 21
years of age or older shall be allowed to possess and
consume alcoholic beverages in their rooms in
compliance with state law and consistent with the College's
regulations pertaining to possession and consumption.
Students should be aware that the campus strictly enforces
its "three strikes" policies with regard to
alcohol and drug violations. Members of the campus community in need of assistance with
respect to a question or personal problem regarding
alcohol or other drugs should contact the Substance Abuse Prevention and Education Office, VanHoesen,
Hall Room B40. A complete description of alcohol and other
drugs programs for our campus appears in a publication,
Alcohol, Other Drugs and You and is also
available through SUNY Cortland's Student Development Center
Web site.
Reporting
Locations
The Clery Act requires
statistics on criminal activity both on campus and beyond
the main campus. These categories are defined as follows:
1. On-campus
includes all offenses reported on the main campus property
and in campus buildings.
2. Non campus buildings or property which includes property
owned by student organizations officially recognized by the
institution and those owned by the University outside campus
boundaries. Recognized Greek organizations, Alpha Phi, Delta
Phi Epsilon, and Sigma Delta Tau rented houses for 2006. Nu Sigma Chi owns
their house. In addition, the College owns property at the
West Campus Apartments, Raquette Lake, Brauer
Field Station, Hoxie Gorge and rents property at Main Street SUNY
Cortland (9 Main Street, City of Cortland)
Mohawk Valley Campus (Rome, New York)
has moved classes to SUNY-IT in Utica, New York.
3. Public property includes thoroughfares, streets,
sidewalks, parking facilities and parks or park-like settings
immediately adjacent to the campus.
Offense Definitions
The Clery Act
also delineates what violations need to be reported. The
offense definitions are excerpted from the Uniform Crime
Reporting Handbook. The definitions of sexual offenses are
excerpted from the national incident-based reporting edition
of the Uniform Crime Reporting Handbook (FBI Uniform
Crime Reporting (UCR) National Incident-Based Reporting
System (NIBRS) definitions.
- Hate Crime
- When a person is
victimized intentionally because of his or her actual or
perceived race, gender, sexual orientation, ethnicity or
disability.
- Robbery
- The taking or attempting to take anything of value from the
care, custody, or control of a person or persons by force or threat
of force or violence and/or by putting the victim in fear.
- Aggravated Assault
- This type of assault is usually accompanied by the use of a
weapon or by means likely to produce death or great bodily harm.
(it is not necessary that injury result from an aggravated
assault when a gun, knife, or other weapon is used which could
and probably would result in serious personal injury if the
crime is successfully completed).
- Burglary
- The unlawful entry of a structure to commit a crime. For
reporting purposes, this definition includes: unlawful entry
with intent to commit a larceny; housebreaking; safe
cracking; and all attempts to commit any of the
aforementioned.
- Motor Vehicle Theft
- The theft or attempted theft of a motor vehicle is Classified as motor vehicle theft in all cases where automobiles
are taken by persons not having lawful access even
if the vehicles are later abandoned, e.g., joy
riding.
- Weapons Law Violations
- The violation of laws or ordinances dealing with weapons
offenses, regulatory in nature, such as manufacture, sale or possession
of deadly weapons; and all attempts to commit any of the
aforementioned.
- Drug Abuse Violations
- Violations of state and local laws relating to the unlawful
possession, sale, use, growing, manufacturing, and making of narcotic
drugs. The relevant substances include: opium or cocaine and
the derivatives (morphine, heroin, codeine); marijuana;
synthetic narcotics (Demerol, methadone); and dangerous non
narcotic drugs (barbiturates, Benzedrine).
- Liquor Law Violations
- The violation of laws or ordinances prohibiting the
manufacture, sale, transporting, furnishing, possessing
intoxicating liquor; maintaining unlawful drinking
places; bootlegging; operating a still; furnishing liquor to
a minor or intemperate person; using a vehicle for
illegal transportation of liquor; drinking on a train or
public conveyance; and all attempts to commit any of the aforementioned. Drunkenness and driving under the influence are not
included in this definition.
- Sex Offenses (forcible)
- Any sexual act directed against another person, 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.
- Forcible Rape
- The carnal
knowledge of a person, forcibly and/or not forcibly or
against the person's will where the victim is incapable
of giving consent because of his or her temporary or
permanent mental or physical incapacity or because of
his or her youth.
- Forcible Sodomy
- Oral or anal sexual
intercourse with another person, forcibly and/or against
that person's will; or not forcibly against the person's will where the victim
is incapable of giving consent because of his or her youth
or because of his or her temporary or permanent mental or
physical incapacity.
- Sexual Assault with an object
- The use
of an abject or instrument to unlawfully penetrate, however
slightly, the genital or anal opening of the body of
another person, forcibly and/or against the person's will or forcibly or against the person's will where the
victim is incapable of giving consent because of his or her
youth or because of his or her temporary or permanent
mental or physical incapacity.
- Forcible Fondling
- The
touching of the private body parts of another person for the
purpose of sexual gratification, forcibly and or
against the person's will; or, not forcibly or against the
person's will where the victim is incapable of giving consent because of his or her youth or because of
his or her temporary or permanent mental capacity.
- Sex Offenses (non forcible)
- Unlawful, non forcible sexual intercourse.
- Incest
- Non forcible sexual intercourse between persons who
are related to each other within the degrees wherein
marriage is prohibited by law.
- Statutory Rape
- Non forcible sexual intercourse with a
person who is under the statutory age of consent.
- Arson
- Any willful or malicious burning or attempt to burn, with or
without intent to defraud, a dwelling house, public
building, motor vehicle or aircraft, personal property
of another, etc.
- Criminal Homicide, Manslaughter by negligence
- The killing of
another person through gross negligence.
- Criminal Homicide, murder and Non Negligent manslaughter
- The willful (non negligent) killing of one human being by
another.
Sexual
Offender Registration Act
The Sex Offender
Registration Act requires the Division of Criminal Justice
Services (DCJS) to maintain a Sex Offender Registry. The
Registry contains information on sex offenders classified
according to their risk of re-offending: low-risk (Level 1),
moderate-risk (Level 2) and high-risk (Level 3). The Act
requires that the Division also maintain a Subdirectory of
Level 3 Sex Offenders. The DCJS Sex Offender Registry contains their Subdirectory of Level 3 Sex Offenders as
well as other information regarding New York State's Sex
Offender Registry.
Sex offenders
registered in New York are now required to notify the
Registry of any institution of higher education at which he
or she is, or expects to be, whether for compensation or
not, enrolled, attending or employed, and whether such sex
offender resides or expects to reside in a facility operated
by the institution. Changes in status at the institution of
higher education must also be reported to the Registry no
later than 10 days after such change.
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Campus Crime Statistics
See
Crime Statistics
This section on campus crime statistics also includes
arrests and disciplinary referrals made to campus authorities
for alcohol, drugs and weapons possession. As defined
by the Campus Safety Act, a disciplinary referral is an
instance when a student is formally reported in writing
to the Judicial Affairs for possible charges.
As required by the Campus Safety Act, SUNY Cortland is
required to report hate crimes in this report. For this
reporting, a hate crime occurs when a person is
victimized intentionally because of his or her actual or
perceived race, gender, religion, sexual orientation,
ethnicity or disability. The hate crimes presented for this
report are only related to those offenses that appear
in the penal law or where the victim was bodily injured.
The
crimes presented are based on reports filed with the
following offices: Vice President for Student Affairs,
Judicial Affairs, Student Health Services, Residential
Services, Athletic Office, Counseling and Student
Development, Campus Activities and Corey Union, Recreational Sports, Outdoor
Education, and the University Police. Formal request for
crime statistics for areas defined as "public
property" and "non campus buildings and
property" were made with the Cortland City Police
Department and the Cortland County Sheriff's Department.
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Weapons On Campus
Firearms and dangerous weapons of any type are not permitted
on campus. Intentional use, possession. or sale of firearms
or other dangerous weapons by anyone is strictly forbidden
and is a violation of State and Federal laws as well as a
violation of the Student Code of Conduct.
Daily Log
The University Police Department also maintain a daily log of crimes
and incidents that occur on campus that is available for the
public to view. This information is recorded by date,
time, general location and disposition of the complaint. The
daily log is available at the University Police
Department, Van Hoesen Hall, Room C-17, between 8
a.m. and 4 p.m.
Please note that entries or updates are
generally made within two business days after the crime is
reported. Incidents or situations deemed to pose a
threat to the campus community are logged as soon as
possible. While most events are logged, the chief of the
University Police Department may determine that an incident be
classified as "confidential" in order not to
jeopardize a criminal investigation or the identity of a
victim.
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Sexual Crimes
Information
Rape and sexual assault constitute crimes such as sexual
abuse and sodomy, constitute crimes. Such behavior is prohibited
by New York State Law (see section 130 of the New York
State Penal Law). The college also strongly condemns sexual
harassment in any form. Allegations of sexual assault or
rape should be reported to the University Police Department at
753-2111. Allegations of sexual harassment should be
reported to the Affirmative Action Office ext. 2203.
Victims
of a sex crime may choose to first report the offense
to any office which appears in this report. Allegations of
sexual assault or rape occurring off campus should be
reported to the Cortland City Police, Cortland County Sheriff's
Department or the New York State Police. Telephone numbers, which
include the number of the YWCA's Aid to Victims of Violence, the County Department of Mental Health, and
The Division of Student Affairs are listed in this document.
Efforts will be
made to ensure the confidentiality of all reports,
except as necessary and required to investigate the alleged
offenses. College authorities may issue a safety alert
to those areas of the college community affected by the
crime. The issuance of this alert will depend on the
particular circumstances of the crime.
Victims can provide
information to the University Police Department and choose either
criminal prosecution and/or a referral to the on campus
discipline system, in the Judicial Affairs Office.
Procedures and possible sanctions related to on campus
discipline are discussed in the Code of Student Conduct.
Victims of sex crimes should contact the Judicial
Affairs office ext. 4725 for additional information.
The Code of Student Conduct outlines the procedure that can occur
if a victim decides to report an incident. It is important
to note that the complainant and respondent are
entitled to due process rights, including having an advisor
present during a disciplinary proceeding, and will be
informed of the outcome of any campus disciplinary action
including the sanction to be imposed. Such sanctions can include
suspension and dismissal from the institution.
Sexual
Assault Information (Aid To Victims Of Violence)
If you are a victim of a sexual assault, immediately report
the assault to the University Police Department at (607) 753-2111 or if off campus dial 911 to receive police assistance. The
Police cannot investigate the incident as a crime unless you
file a formal report. reporting a crime to the police
or to another campus office does not necessarily obligate
you to follow through with criminal prosecution.
Go to a hospital emergency room as soon as possible if the
assault involved a sexual penetration or other physical injuries.
Evidence can be collected several hours after an attack,
but its value may be diminished. Do not wash, change clothing,
or otherwise "clean up." Bring a full change of
clothing because the clothes you were wearing at the time of
the attack may be kept as evidence.
Follow-up medical care is crucially important. You may need
tests for sexually transmitted diseases and pregnancy.
Support and referral resources are available to help you no
matter when or where the assault occurred. Contact at least one
of the offices listed under Crime Reporting or Community
Resources.
Sexual
Assault Programs Offered
At the beginning
of each school year, SUNY Cortland provides sexual assault
awareness programs in all of the residence hall. These
programs are open to the entire campus community.
The
University Police Department also offers a sexual assault
awareness program. This program is designed to offer members
of the campus community the opportunity to speak with a
university police officer in small groups on the topic of
sexual assault awareness and campus issues. The topics
discussed touch upon victims' rights, support services.
campus policies concerning sexual assault and New York State Penal
Law.
Additional
programs and information concerning sexual assaults are
available through Cortland Against Another Rape (CAAR) and
the YWCA Aid to Victims of Violence (AVV).
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Statement of Victims' Rights
- Victims have
the right to pursue criminal charges against their
offender. If the offender is a student, victims can also
pursue campus action through the Judicial
Affairs Office (ref. Code of Student Conduct) regardless of
where the offense occurred. Because of the sensitive
nature of sex offenses, the case would likely be heard administratively rather than through a judicial board.
- Victims have the right to choose counseling and
medical treatment, and to prosecute and report their
case through the university judicial system and/or
the off campus court system. they also have the right to
refuse all of these options without reproach from
any university personnel.
- Victims have the right to be treated with dignity and
seriousness by campus personnel.
- Victims of crimes against an individual have the
right to be reasonably free from intimidation and harm.
- University personal are encouraged to inform all
victims that:
- victims are not responsible for crimes committed against
them.
- victims should not consider themselves negligent
or in any way a contributor to the crime.
- victims should always report their crime, despite the
possibility of adverse publicity for the University.
- Victims will be made aware of appropriate student
support services, including counseling.
- Victims are entitled to the same support
opportunities available to the respondent in a campus
disciplinary proceeding.
- If the respondent is prohibited from contacting the
victim or entering the victim's residence, the victim
will be notified that the ban is in effect.
- Any victim who does not wish to remain in his/her
present residence hall or class section may be granted a
transfer to other housing or another class section
if available.
- The victim has the right to information regarding the
status of his/her case.
For campus
judicial proceedings, victims also:
- have the
right to information regarding the status of their case
including the final determination and sanctions imposed
and the right to provide an impact statement to the
judicial body.
- have the
right to appeal the sanctions imposed upon the offender.
- have the
right to testify from another location as long as it
does not infringe upon the rights of the accused student
to have a fair hearing.
- have the
right to have any reports of past sexual behavior and/or
other unrelated past behavior excluded from the hearing
process.
Due
Process Rights-Code of Student Conduct Violations
- A student
has the right to a hearing by an unbiased judicial
body
- A student
has the right to have an advisor present at the hearing.
- A student
has the right to written notice of the charges which
indicates the time and place of the hearing. Proper
written notification shall be defined as delivery of
mail to a student's on-campus mailbox. hand delivery by
campus staff, or delivery by the U.S. Post Office to a
student's local off-campus address. Students shall be
held responsible for the contents of the mail for which
they have refused receipt.
- A student
has the right to receive a copy of the written report(s)
stating the circumstances and allegations involved. This
information shall generally be given to the student at
the time that they receive notification of the time and
place of the hearing.
- A student
has the right to object to a Board/Panel member or
Hearing Officer who is serving in the capacity of the
judicial body. The judicial advisor will determine the
validity of the objection.
- A student
has the right to hear and respond to all information
presented against him or her. This includes the right to
question all parties through the judicial body.
See also New York State Penalties for Sex Offenses.
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