2021-2022 Le Moyne College Policy on Sexual Harassment and Sexual Misconduct for Students
As an institution of higher education with a longstanding Jesuit and Catholic tradition, Le Moyne College works to promote an environment and collective attitude that encourages students, faculty, staff and administrators to serve others, participate in the life of the College, and act as responsible members of the community. Acts of sexual harassment or other sexual misconduct, including sexual assault, domestic violence, dating violence or stalking, undermine the dignity of individuals and the principles of equality and respect for others and are serious violations of our community standards. These acts do not just harm the individual; they harm the College community as a whole. As used in this Policy, “Sexual Misconduct” is a term used to refer to any form of sexual or gender-based harassment, non-consensual sexual activity, dating violence or domestic violence, or stalking. Sexual Misconduct may occur between members of the community regardless of their gender identity or sexual orientation. Le Moyne College does not condone or tolerate Sexual Misconduct.
The College aims to ensure that all members of the Le Moyne community can learn, live and work free from being subjected to Sexual Misconduct. All students are encouraged to read this Policy and develop a clear understanding of what is and is not acceptable sexual behavior.
This Policy will outline clear procedures for reporting Sexual Misconduct which involves a student, either as a complainant or a respondent. (The College’s Faculty and Staff Policy on Sexual Harassment and Sexual Misconduct covers Sexual Misconduct cases that do not involve students.) In the event of any conflict between the standards and procedures of this Policy and those of the general Community Standards and Conduct Procedures, the standards and procedures of this Policy will govern any case to which this Policy applies.
Le Moyne College has a host of security, psychological, medical, administrative and student conduct services that are immediately available to students reporting Sexual Misconduct. Through these policies and procedures, Le Moyne College looks to achieve several goals:
· A campus climate which encourages prompt reporting of Sexual Misconduct.
· To provide prompt professional and support services to the complainant and the respondent.
· To provide a comprehensive system that informs the complainant and respondent of the rights and services available to them.
· To cultivate a campus community where instances of Sexual Misconduct are avoided through an ongoing campaign of education, training and mutual respect for each other.
This Policy protects the rights of both the complainant and respondent. The respondent shall be free from sanction, pending the conclusion of a case. However, where the circumstances indicate that there is a potential danger to the immediate safety of the College community or specific persons within the College community, appropriate emergency measures (up to and including emergency removal from the College and/or its residence halls) may be taken by the Title IX Coordinator or designee. In addition, supportive measures such as a change in academic, living, transportation and/or working situations may be made to protect either or both of the parties and prevent retaliation. Supportive measures and/or emergency removal should not be viewed as prejudging responsibility for any allege violation.
The protections in this Policy apply 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 convictions.
Students should never feel pressured to engage in sexual relationships or activity of any kind with anyone, including another student or a Le Moyne College faculty or staff member.
II. Scope of Policy
This Policy defines criteria and procedures for responding to queries and complaints regarding Sexual Misconduct, and applies to all students of the College. (For purposes of this Policy, a covered student includes a deposited student, or the equivalent, and other student categories as determined by the Title IX Coordinator.) This Policy covers activity that has taken place either on the Le Moyne campus or at College-sponsored events or programs off-campus. The criteria and report procedures outlined below may also apply to off-campus situations where one member’s behavior interferes with another’s well-being and full participation as a member of the College community.
A. Reports Against Students
This Policy applies in those instances when a student is reported to have engaged in Sexual Misconduct against any other person (regardless of whether the other person is a Le Moyne Students).
B. Reports Against Faculty or Staff By a Student
If a student wishes to bring forward a report of Sexual Misconduct against a faculty or staff member, this Policy also applies.
C. Reports By or Against Visitors or Non-Community Members
If a student wishes to bring forward a report of Sexual Misconduct against a visitor or other non-community member (e.g., an alumnus or alumna, a prospective student, a guest of a student, a member of another College’s team, a local resident), the report should be made to Campus Security at 315-445-4444. Campus Security will investigate reports against such persons, and the College will determine the appropriate action to be taken, which may include contacting law enforcement.
If a visitor wishes to report a violation of this Policy by a College student related to a College program, event or other College activity, or a campus incident, they may do so by reporting to the Title IX Coordinator. Generally, the procedures set forth in this Policy apply to complaints made by visitors as against students, faculty or staff if the alleged behavior at issue is covered by this Policy.
D. On Campus and Off-Campus Behavior
This Policy applies to conduct that occurs on any part of Le Moyne’s campus or property. It also applies when students travel off-campus as part of a College activity, team, organization or event. Additionally, Le Moyne has the discretion to discipline student behavior that occurs elsewhere off-campus, and/or during a time when the College is not in session. In making these determinations, the Title IX Coordinator considers whether the behavior impacts the campus environment (as would be the case, for example, if one student sexually assaults another student in an off-campus apartment or overseas during a semester abroad, or if a student sends another student lewd and/or threatening sexual emails while at home during the semester break). In understanding this aspect of Le Moyne’s expectations for student behavior, it may be helpful to think of student status as “portable” and therefore operative even when students are not on Le Moyne’s campus property.
E. Timeframe for Making a Complaint
While there is no time limit for bringing forward a report, the passage of time may make an incident difficult or even impossible to investigate fairly or fully and to adjudicate. Therefore, persons who believe that they have been a victim of Sexual Misconduct are encouraged to make a report as soon as possible after an incident has occurred. Although not an ideal situation given the passage of time, a former student may make a report against a current student (or employee). A report against a former student or employee will be treated as a report against a non-community member and is not subject to adjudication pursuant to this Policy. Nevertheless, Le Moyne’s officials will help a complainant who reports an incident concerning a former student or employee to share the allegations with the appropriate off-campus authorities if desired, and the College will consider other appropriate responsive measures, such as banning the former student from returning to campus and providing the complainant with access to campus counseling, academic adjustments, and other support.
III. Definitions of Sexual Harassment, Non-Consensual Sexual Activity, Domestic Violence, Dating Violence and Stalking
Le Moyne College has defined several categories of Sexual Misconduct below, for which student sanctions may be imposed. Sexual Misconduct of any nature is a serious violation of our student code of conduct and Le Moyne reserves the right to impose any sanctions outlined in the Community Standards and Conduct Procedures, including suspension or expulsion from the College. Also, students have the right to contact law enforcement for Sexual Misconduct at any level defined below.
This policy sets forth conduct expectations for our community and provides a process for the reporting, investigation and adjudication of alleged violations. This policy applies to alleged conduct violative of Title IX of the Education Amendments of 1972 (i.e., “Title IX Category” violations) and also applies to a broader range of contexts and behaviors inconsistent with Le Moyne’s commitment to equal opportunity (i.e., “College Category” violations).
The designation of conduct or allegations as either “Title IX Category” or “College Category” is not a function of the seriousness of the alleged conduct but rather a function of the scope and coverage of Title IX versus Le Moyne’s broader jurisdiction to prohibit and discipline a larger scope of inappropriate behavior.
A. Title IX Category Violations
Title IX of the Education Amendments of 1972 provides: “No person in the United States shall, on the basis of sex, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
In accordance with Title IX as interpreted by the Department of Education, Le Moyne recognizes the following as conduct violations within the meaning of Title IX, provided that the context and circumstances of the conduct fall within the scope of Title IX, including but not limited to that the complainant was in the United States at the time of the alleged conduct, that the complainant be participating in or seeking to participate in the College’s education program or activity at the time of the complaint, and that the conduct have occurred in the context of the College’s education program or activity:
1. Sexual harassment. “Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:
a. An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (commonly referred to as a “quid pro quo”);
b. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that is effectively denies a person equal access to the College’s education program or activity (commonly referred to as a sexually or gender-based “hostile environment”).
2. Sexual assault. “Sexual assault” includes 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 affirmative consent. Sexual assault consists of the following specific acts:
a. Non-consensual Sexual Intercourse. 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.
b. Non-consensual Sexual Contact. 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/their youth or because of his/her/their temporary or permanent mental or physical incapacity.
c. Incest. Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
d. Statutory Rape. Non-forcible sexual intercourse with a person who is under the statutory age of consent. The statutory age of consent in New York is 17.
3. Dating violence. “Dating violence” means violence committed by a person: (1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (2) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship. (ii) The type of relationship. (iii) The frequency of interaction between the persons involved in the relationship.
4. Domestic violence. “Domestic violence” means violence committed by a current or former spouse or intimate partner of the complainant by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction where the College is located, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
5. Stalking. “Stalking” is engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to: (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress. Stalking includes, but is not limited to, repeatedly (i.e., on two or more occasions) engaging in: contact, face-to-face communication, telephone calls or messages, text messages, emails or letters to or about a person; the giving of unwanted gifts; threatening or obscene gestures; or surveillance, following, trespassing or vandalism. Stalking that does not occur on the basis of sex may be addressed under as a College Category Violation as described below.
B. College Category Violations
For purpose of College Category violations, the below conduct is prohibited even if the conduct occurs off-campus, outside the United States, even if the Complainant is not participating or seeking to participate in Le Moyne’s education program or activity, or otherwise in circumstances over which Le Moyne does not have influence or control, including but not limited to during academic term breaks. Le Moyne retains discretion to not respond to, investigate or adjudicate circumstances in which no Le Moyne community interest is implicated.
1. Sexual Harassment. Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:
a. An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (commonly referred to as a “quid pro quo”);
b. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity (commonly referred to as a sexually or gender-based “hostile environment”).
c. Unwelcome conduct on the basis of sex or gender that does not rise to a level of severity or pervasiveness but is contrary to the values of the College community. A violation of this definition does not necessarily occur merely because a particular individual is offended; the conduct must be offensive to a reasonable person. The College’s definition of Sexual Harassment broader than a strictly legal definition, and the College may find that conduct was harassing even though it did rise to the level of a legal violation.
2. Sexual assault. “Sexual assault” includes 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 affirmative consent. Sexual assault consists of the following specific acts:
a. Non-Consensual Sexual Intercourse. 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.
b. Non-Consensual Sexual Contact. 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/their youth or because of his/her/their temporary or permanent mental or physical incapacity.
c. Incest. Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
d. Statutory Rape. Non-forcible sexual intercourse with a person who is under the statutory age of consent. The statutory age of consent in New York is 17.
3. Dating violence. “Dating violence” means violence committed by a person: (1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (2) where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship; but that does not constitute dating violence as a Title IX Category Violation as defined above because of the context in which it occurs (for example, because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the College’s education program or activity at the time of the complaint, or because the conduct did not occur in the context of the College’s education program or activity).
4. Domestic violence. “Domestic violence” means violence committed by a or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction where the College is located, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction, if the conduct does not constitute domestic violence as a Title IX Category Violation as defined above because of the context in which it occurs (for example because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the College’s education program or activity at the time of the complaint, or because the conduct did not occur in the context of the College’s education program or activity).
5. Stalking. “Stalking” is engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress, but that does not constitute stalking as a Title IX Category Violation as defined above because of basis on which it occurs or the context in which it occurs (for example because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the College’s education program or activity at the time of the complaint, or because the conduct did not occur in the context of the College’s education program or activity).
A person reporting an incident need not worry about which category of Sexual Misconduct applies to or whether all elements of a particular definition of misconduct have been met. An individual reporting an incident is expected only to relay the facts in good faith; College representatives trained in responding to Sexual Misconduct will assist the complainant in determining whether the incident may constitute a violation of this Policy and, if so, the Policy definition that may apply.
IV. Definitions of Affirmative Consent, Confidentiality, Privacy and Amnesty
A. Affirmative Consent
As used in this Policy, “consent” means affirmative consent.
Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
Consent 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 it is the result of any coercion, intimidation, force or threat of harm. When consent is withdrawn or can no longer be given, sexual activity must stop. 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.
In considering whether an individual is incapacitated due to drug or alcohol use, the College will look at a number of factors, including but not limited to the type/amount of alcohol and/or drugs used, as well as such outward signs as slurred or incoherent speech, impaired motor skills (e.g. walking, texting), vomiting, loss of consciousness, etc.
Incapacitation may also result from a physical or mental disability. In addition, in New York, a minor (someone under the age of 17) cannot consent to sexual activity. This means that sexual contact with a person less than 17 is a crime as well as a violation of this Policy even if the minor wanted to engage in the sexual activity. If any person has any information that a minor has been subjected to sexual activity, it should be reported to Campus Security and/or the Police immediately.
Confidentiality may be offered by an individual who is not required by law or policy to report known incidents of sexual assault or other crimes to institutional officials in a manner consistent with state and/or federal law. Licensed mental health counselors, medical providers and pastoral counselors are examples of institutional employees who may offer confidentiality.
Privacy may be offered by an individual when such individual is unable to offer confidentiality but shall still disclose information learned from a reporting individual or bystander to a crime or incident no more than necessary to comply with this Policy and applicable laws, including informing appropriate College officials.
Even 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 for the Title IX Coordinator to investigate and/or seek a resolution.
The Title IX Coordinator/Deputies, Investigating Team, Hearing Panel/Officers, Appeal Panels and anyone else with a role under this Policy are required to maintain privacy as to student conduct records, the deliberations, and votes taken.
D. Amnesty Policy for Alcohol and/or drug use
The health and safety of every student at the College is of utmost importance. The 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 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 that 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 Community Standards 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.
V. Reporting Options
Le Moyne College strongly encourages students and/or witnesses of Sexual Misconduct to report these incidents. Retaliation and threats of retaliation or other attempts by a student to prevent the reporting of Sexual Misconduct outlined in this Policy are also considered violations of this Policy. Le Moyne College will take steps to prevent or address retaliation by anyone within its jurisdiction against any person making a report of sexual misconduct or cooperating with any timely investigation or adjudication of such a report.
Students have options with respect to securing a College response to a Sexual Misconduct incident. These options include a report to College administration to understand and/or pursue on campus procedures, a police report to understand and/or pursue a criminal investigation (including the New York State Police), or a confidential report to the Wellness Center for Health and Counseling or a clergy member. It is also important to note that the on-campus timely investigation and law-enforcement criminal investigation can be accessed concurrently. All of the options are not mutually exclusive, and a student may take advantage of all of these options. Trained counseling center staff and/or a Title IX Coordinator may review all of the reporting options with the complainant.
A student also has the right to not report to any or all of the foregoing.
Students who are in immediate danger need to get to a safe place and can contact Campus Security at 315-445-4444 or dial 911. Students in need of medical attention should call Campus Security at 315-445-4444 or dial 911.
A. Report for a Response by the College
A report to the College should be made whenever an individual wishes for the College to take some action in response to the situation. Incidents of Sexual Misconduct should be reported to the following.
Responsible Administrators for action:
· Campus Security at 315-445-4444 – Available 24/7
· Dr. Melissa Moore, Assistant Dean for Title IX and Compliance at 315-445-4278
· Deputy Title IX Coordinators:
C. Tabor Fisher, Philosophy Faculty Member, 315-445-4526
Barb Karper, Special Assistant for the Vice President of DEI, 315-445-4595
· Resident Advisor (RA) and Area Directors (AD). Students may report incidents of Sexual Misconduct to an RA. The RA and AD will notify one of the above administrators and the appropriate College support services.
A person who has been subjected to Sexual Misconduct is strongly urged to contact one of the specific Responsible Administrators listed above. If a report is made to anyone else, the complainant risks a delay in that report getting to individuals authorized to act upon it and even the possibility that it will not come to the attention of the proper College officials and may, therefore, not be acted upon at all. Once a report is made, the Responsible Administrator to whom the report is made will inform the Title IX Coordinator or their deputy.
The complainant will be advised by the Title IX Coordinator of their rights and the options moving forward. This will include an explanation of investigatory/disciplinary avenues, as well as other responsive (including supportive measures, such as changes in academic, housing, transportation and work arrangements to minimize the complainant’s contact with the respondent. The complainant will be informed that they have the right to make a report to campus security, 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 the college.
Ultimately, the College retains the right (and in some cases may have the obligation) to act upon any information that comes to its attention. Therefore, if a person believes that they have been subjected to Sexual Misconduct and wants support but does not want the College to take further action (or is not yet certain whether they desire such action), they should utilize one of the Confidential Resources described below.
Nonetheless, when the College and its employees cannot guarantee confidentiality, they will maintain an individual’s privacy to the greatest extent possible. The information provided to a non-confidential resource will be relayed only as necessary for the Title IX coordinator to investigate and/or seek a resolution, and to otherwise comply with this Policy.
A student may file an official incident report regarding an act of Sexual Misconduct 24 hours a day, 7 days a week with Campus Security located in the basement of Nelligan Hall, at 315-445-4444.
The report will include the complainant’s name, as well as the responding student if known. The Campus Security report will be forwarded to the Title IX Coordinator, who will follow the procedures outlined in this Policy.
Reports may also be made anonymously by contacting the Title IX Coordinator or the Campus Sexual Assault Hotline (315-251-SAFE). The College’s ability to respond, however, may be limited by such anonymity.
Upon receiving a report, the Responsible Administrator to whom the report was made will discuss with the complainant available avenues and options. Options may include supportive measures, informal resolution, or a formal grievance procedure and remedial actions to ameliorate or correct the effects of the Sexual Misconduct if a violation of this Policy is found to have occurred. Other options may include interim no contact orders, changes in academic, extracurricular, residential, transportation, dining or working arrangements, access to academic, medical, counseling and other support, as appropriate. Reporting to local law enforcement also is an option. The College will review the facts and circumstances of each case, as well the complainant’s wishes, in deciding whether and what steps are reasonable and appropriate.
B. Confidential Reports
Le Moyne understands that a student who has experienced Sexual Misconduct may wish to talk about the incident with the understanding that the discussion will not be reported under this policy. The support resources that students may utilize on a confidential basis are:
· Wellness Center for Health and Counseling (consistent with its protocols on confidentiality)
o Wellness Center for Health (services are free for all students) 315-445-4440
o Wellness Center of Counseling (services are free for all students) 315-445-4195
o Sexual Assault Hotline 315-251-SAFE
· Our campus clergy (acting in their role as clergy).
Students are encouraged to consult these sources for confidential emotional support.
A discussion with any of these sources does not result in a report being filed with the College or result in action being taken by the College to respond to the incident.
A student wishing to have an incident investigated or adjudicated by the College should report to a Responsible Administrator as described in this Policy.
C. Reports to Law Enforcement
A person who has been the victim of Sexual Misconduct that may constitute a crime is encouraged to contact local law enforcement directly by dialing 911, the New York State Police Sexual Assault Hotline (844-845-7269). If requested, Campus Security (315-445-4444) will assist such a person in making a report to local law enforcement. Campus Security staff are Responsible Administrators, therefore if the report does come to the attention of Campus Security, even if only through a request to assist with contacting local law enforcement, it will be shared with the Title IX Coordinator and/or Deputy. Filing an official police report is different than filing a report with the College. When a person files a report with local law enforcement a criminal investigation may be initiated and that investigation is often transferred to either the Syracuse Police Department or Onondaga County Sheriff’s Office Abused Persons Unit for further investigation. Based on the criminal investigation, a determination will be made as to whether the case will be prosecuted. The criminal justice process utilizes different standards of proof and evidence. Any questions about whether a specific incident violated the penal law should be directed to law enforcement or the Onondaga County District Attorney (911 or 315-435-2470). The preservation of evidence is critical to the prosecution of a criminal case. If you have been the victim of a sexual assault or an act of violence, vital evidence may be lost if you change your clothes, shower, brush your hair, or allow time to pass before your physical state is documented by the police or a doctor. Any person who has experienced sexual assault or an act of violence is encouraged to contact the law enforcement immediately for further instructions as to the preservation of evidence.
New York State Police Sexual Assault Hotline 844-845-7269
Onondaga Sheriff Abused Persons Unit 315-435-3092
City of Syracuse Police Department 911 or 315-422-5111
Syracuse Police Abused Persons Unit 911 or 315-435-3016
Town of Dewitt Police Department 911 or 315-425-2333
Onondaga County Sheriff’s Office 911 or 315-425-2111
A criminal investigation does not end the College’s duty to investigate and resolve reports promptly and equitably. In certain cases, Le Moyne College may wait to proceed with its own fact finding investigation and procedures under this Policy until the police have completed their initial evidence gathering phase of their investigation, which delay generally will not be longer than ten (10) days. Le Moyne College will not defer its investigation and disciplinary processes thereafter (e.g., pending the completion of any civil or criminal case).
A. Students’ Bill of Rights
All students have the right to:
1. Make a report to local law enforcement and/or state police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the College conduct process and/or criminal justice process free from pressure by the College;
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the College courteous, fair, and respectful health care and counseling services where available;
6. Be free from any suggestion by the College that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
7. Describe the incident to as few College representatives as practicable and not be required to unnecessarily repeat a description of the incident;
8. Be protected from retaliation by the College, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the College;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the Conduct process including during all meetings and hearings related to such process; and
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.
B. Other Rights In Cases Involving Sexual Assault, Domestic/Dating Violence and Stalking
The rights of others, even if not a student, appear at Appendix A.
C. Support Services for both the Complainant and Respondent
· Campus support services (Free)
o Wellness Center, Counseling (for Students): 315-445-4195 (Confidential)
o Wellness Center, Health Services (for Students): 315-445-4440 (Confidential)
o SAFE Hotline: 315-215-SAFE (for current sexual assault support)
o Title IX Coordinator: 315-445-4278
· Off-campus resources (at the student’s expense, if any)
o Vera House (Confidential): 15-468-3260
o City of Syracuse Police Department: 911 or 315-442-5111
o Town of DeWitt Police Department: 911 or 315-425-2333
o Onondaga County Sheriff’s Office: 911 or 315-425-2111
o St. Joseph’s Hospital Emergency Room (Confidential): 315-448-5101
o Upstate University Hospital Emergency Room (Confidential): 315-464-5611
o Crouse Hospital Emergency Room (Confidential): 315-470-7411
o NYS Police Sexual Assault Hotline: 1-844-845-7269
o NYS Domestic Violence Hotline: 1-800-942-6906
SANE Nurse Exams are available through the Onondaga County SANE nurses at any local hospital, at no cost. If there is a charge, the NYS Office of Victim Services will cover the cost.
o NYS Office of Victim Services: 1-800-247-8035
VII. Personnel with Roles Under the Policy
The administrators of this Policy are described below.
A. Title IX Coordinator/Deputies
The oversight responsibility for the Policy and procedures primarily rests the Title IX Coordinator and Deputies. These officers are appointed by the President, and in the role of Title IX Coordinator/ Deputy, report directly to the President. The Title IX Coordinator and Deputies will come from the ranks of the faculty and staff. Whenever possible, the President will appoint a gender-balanced team. These individuals will coordinate educational programs for the College community, train personnel, and administer the procedures described in the Policy. Normally, the Title IX Coordinator/Deputies do not have a direct role in decision making process. Instead, their role is to protect the integrity and fairness of the procedures.
B. Investigating Team
In cases where a formal complaint has been filed with the Title IX Coordinator, an Investigating Team will be appointed by the Title IX Coordinator. This Team will normally consist of one or more trained investigators. In addition, a Title IX Deputy will be responsible for monitoring compliance with the Policy during the course of the investigation and providing guidance to the Investigating Team under the Policy. Members of the Investigating Team are specifically designated and undergo appropriate training to assist in the processing of formal complaints alleging Sexual Misconduct. The role of the Investigating Team is to: participate in the collection of facts and evidence related to the report including information from the complainant, the complainant and other witnesses; and to refer their report to the Hearing Panel, or others as provided for in this Policy.
C. Hearing Panel (Student Respondents)
The Hearing Panel, chaired by the Assistant Dean for Student Development, consists of two (2) additional faculty and/or staff who are specifically designated and undergo appropriate training to assist in the processing of formal complaints in which a student is alleged to have engaged in Sexual Misconduct. The Hearing Panel shall have the responsibilities of making the decision as to whether a responding individual has committed a violation of College policies and, if so, determining appropriate sanctions and remedies based on the preponderance of evidence (i.e., whether the charged conduct is “more likely than not” to have occurred). Evidence does not have to be in the form of physical evidence nor does the violation have to be witnessed. Circumstantial information can be sufficient in some instances for the College to determine that a violation was “more likely than not” to have occurred.
D. Hearing Panel (Faculty Respondent)
The Hearing Panel, chaired by the appropriate Dean, as designated by the Provost, consists of three additional faculty members. The Hearing Panel shall have the responsibilities of making the decision as to whether a responding individual has committed a violation of College policies and determining appropriate sanctions and remedies based on the preponderance of evidence (i.e., whether the charged conduct is “more likely than not” to have occurred). Evidence does not have to be in the form of physical evidence nor does the violation have to be witnessed. Circumstantial information can be sufficient in some instances for the College to determine that a violation was “more likely than not” to have occurred.
E. Hearing Panel (Staff Respondent)
The Hearing Panel, chaired by the applicable (Administrator) Vice President as appointed by the Title IX Coordinator, consists of three employees made of either faculty members and/or staff. The Hearing Panel shall have the responsibilities of making the decision as to whether a responding individual has committed a violation of College policies and determining appropriate sanctions and remedies based on the preponderance of evidence (i.e., whether the charged conduct is “more likely than not” to have occurred). Evidence does not have to be in the form of physical evidence nor does the violation have to be witnessed. Circumstantial information can be sufficient in some instances for the College to determine that a violation was “more likely than not” to have occurred. The Vice President’s role is administrative and is not a decision maker in the process.
F. Appeals Panel (Student Respondent)
An Appeals Panel will be appointed if, after an investigation has been completed and a Hearing Panel has reached a decision, either party decides to appeal the decision. The Title IX Coordinator as chair of the appeals panel, will appoint an Appeals Panel of two individuals from the pool of trained faculty and/or staff who have not participated in the investigation or hearing panel. (In the event the two members are not able to reach an agreement, a third member shall be appointed by the Title IX Coordinator.) The role of the Appeals Panel is to act on any appeal request. The Title IX Coordinator’s role is administrative and is not a decision-maker in this process.
G. Appeals Panel (Faculty Respondent)
An appeals panel comprised of the Provost and a Dean not involved in the original decision, as appointed by the Title IX Coordinator, will act on any appeal request, a third member will be appointed if the two original appointees cannot agree.
H. Appeals Panel (Staff Respondent)
An appeals panel of two employees (at the level of Director or above) not involved in the original decision of the staff respondent as appointed by the Title IX Coordinator will act on any appeal request, a third member will be appointed if the two original appointees cannot agree.
I. Legal Counsel
An attorney who is responsible to the Board of Trustees shall be made available by the College to advise the Title IX Coordinator/Deputies, Investigating Team, Hearing Panel and/or Appeals panel, at any time, to be coordinated through Title IX Coordinator.
VIII. Supportive Measures and Emergency Removal
A. Supportive Measures
Once a report is made under this Policy, the complainant will be contacted by the Title IX Coordinator and offered individualized support as more fully described below. A report that triggers supportive measures need not be a formal complaint, and it may be made by a third-party (i.e., someone other than the complainant himself/herself). Once the respondent is informed of a report or a formal complaint, the respondent will be contacted by the Title IX Coordinator and offered individualized support as more fully described below.
Supportive measures are intended to restore or preserve, to the extent practicable, equal access to the College’s educational programs and activities and protect the safety of all parties without unreasonably burdening the other party or parties. As required by federal regulation, these supportive measures must be non-disciplinary and non-punitive to the parties.
Supportive measures could include, but are not limited to:
· Changes or adjustment in academics such as the extension of deadlines or other course-related adjustments or allowing a withdrawal from a course without penalty;
· Changes to housing, transportation and campus working situations if those changes are requested by a party and reasonably available;
· Mutual “No Contact” orders and, possibly, in rare cases, such as when legal restraining orders or orders of protection have been issued, one-way no contact orders.
· Access to campus escorts or other reasonable security or monitoring measures;
· Counseling services; and
· Interim removal of a student from College will only be done pursuant to the Emergency Removal protocol, discussed below.
The Title IX Coordinator is responsible for coordinating the implementation of supportive measures, including coordinating with the various College departments and offices that may be involved. Supportive measures will be offered free of charge.
If a party’s request for a supportive measure is denied, the party will be afforded an opportunity to have the denial promptly reviewed to assess whether the supportive measure is reasonable under the circumstances. In addition, each party will, upon request, be afforded the opportunity for a prompt review of the need for supportive measures that have been implemented, including the potential modification of these measures, to the extent that the party is affected by the measure(s) being reviewed. Each party will be allowed to submit evidence in support of, or in opposition to, the request to the extent the supportive measures under review affects that party. Information about how to request a review will be included in a written communication that will outline the supportive measures offered and any that were requested by the party but denied.
B. Emergency Removal
In some cases, the College may undertake an emergency removal of a student respondent in order to protect the safety of College community, which may include contacting local law enforcement to address imminent safety concerns.
Emergency removal is not a substitute for reaching a determination as to a respondent’s responsibility for the sexual harassment allegations; rather, emergency removal is for the purpose of addressing imminent threats posed to any person’s physical health or safety, which may arise out of the sexual harassment allegations.
Prior to removing a student respondent through the emergency removal process, the College will undertake an individualized safety and risk analysis. If the individualized safety and risk analysis determines that an immediate threat to the physical health or safety of any student, including the student respondent, or other individual justifies removal, then a student respondent will be removed. This is the case regardless of the severity of the allegations and regardless of whether a formal complaint was filed.
After determining a student respondent is an immediate threat to the physical health or safety of an individual, the Title IX Coordinator will provide written notice of the emergency removal to both the complainant and respondent. This notice will contain: (1) the date the removal is set to begin, (2) the reason for the emergency removal, (3) the consequences of non-compliance, and (4) how to appeal the decision.
If a student respondent disagrees with the decision to be removed from campus, the respondent may appeal the decision. The respondent must provide written notice of the intent to appeal, which shall include the substance of the appeal, to the Provost within 10 days of receiving the notice of removal. The burden of proof is on the student respondent to show that the removal decision was incorrect.
This section applies only to student respondents. Employee respondents are not subject to this section and may be placed on administrative leave pursuant to the College’s policies and/or collective bargaining agreements.
IX. Orders of Protection
Campus Safety, or other College officials, will provide reasonable assistance to a College campus community member, in connection with prohibited Sexual Misconduct conduct under this Policy in obtaining an order of protection or, if outside of New York State, an equivalent protective or restraining order. This assistance includes providing that person with:
i. a copy of an order of protection or equivalent when received by the College and providing that person with an opportunity to meet or speak with a College representative, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the other person’s responsibility to stay away from the protected person or persons;
ii. an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension; and
iii. assistance from Campus Safety in contacting local law enforcement to effect an arrest for violating such an order.
X. Grievance Process
A. Filing a Formal Complaint
A formal complaint is necessary to initiate the College’s grievance process, meaning an investigation and adjudication process. A formal complaint must be in written form and must be signed by the complainant. A third-party or anyone other than the victim of the misconduct may not file a formal complaint. However, a formal complaint may be filed by a parent or guardian of a minor person.
A formal complaint is a document filed by a complainant or signed by the College’s Title IX Coordinator alleging sexual harassment against a respondent and requesting that the College investigate the allegation. The respondent may be either a student or an employee or a visitor, independent contractor, intern, or volunteer of the College. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail to: Title IX Coordinator, 1419 Salt Springs Road, Syracuse, NY 13214, or by submitting a complaint electronically via email to Title IX Coordinator [email protected]. In order to qualify as a formal complaint, the document must contain the complainant’s physical or electronic signature, or otherwise indicate that the complainant is the person filing the formal complaint.
If a complainant declines to sign a formal complaint or does not wish to participate in the complaint and adjudication process, or the complainant’s identity is unknown, and the Title IX Coordinator determines there is sufficient cause to file a formal complaint, the Title IX Coordinator may file a formal complaint. In such cases, the Title IX Coordinator is not considered to be a complainant or other party under this Policy.
The Title IX Coordinator will consider the wishes of the complainant not to proceed with the investigation and adjudication process. However, the Title IX Coordinator may file a formal complaint if the Title IX Coordinator determines that the allegations are such that it would be unreasonable not to proceed despite the wishes of the complainant.
In making this determination, the Title IX Coordinator will consider, among other factors:
· the risk that the alleged perpetrator will commit additional acts of sexual misconduct or other violence, which may be assessed by evaluating:
· whether there have been other complaints about the same alleged perpetrator;
· whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence;
· whether the alleged perpetrator threatened further sexual violence or other violence against the victim or others;
· whether the sexual violence was committed by multiple perpetrators whether the sexual violence was perpetrated with a weapon;
· whether the victim is a minor;
· whether the College possesses other means to obtain relevant evidence of the prohibited conduct (e.g., security cameras or personnel, physical evidence);
· whether the victim’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.
Additionally, where the respondent is not enrolled at the College and is not employed by the College, the College may decline to process the complaint through the Grievance Process. The College may take the steps it deems appropriate under the circumstances.
B. Mandatory Dismissal of Title IX Category Charges
The Title IX Coordinator will review a formal complaint filed by a Complainant. In order to comply with Title IX regulations, the Title IX Coordinator must “dismiss” the Title IX Category violation(s) if it is apparent that the allegations are not within the scope of Title IX, including that the conduct alleged:
· would not constitute Title IX Category conduct as defined in this Policy, even if proved,
· did not occur in the College’s education program or activity, or
· did not occur against a person in the United States.
Notice of dismissal of the Title IX Category violation(s) will be in writing and issued to both the complainant and respondent. The Title IX Coordinator may determine at any point in the process that facts have emerged that require the dismissal of a Title IX Category violation. A decision to dismiss a Title IX Category violation is immediately appealable by the complainant, pursuant to the appeal procedure in this Policy.
Even if Title IX Category violations are subject to dismissal, the College may continue to process the allegations as College Category violations, assuming that the allegations, if true, would constitute College Category violations.
C. Discretionary Dismissal of Title IX Category Charges
The Title IX Coordinator may, but is not required to, dismiss formal complaints in the following circumstances:
· When the complainant withdraws a formal complaint;
· When the respondent is no longer enrolled in or employed by the College; and
· Where specific circumstances prevent the College from gathering evidence (such as where a complainant refuses to cooperate but does not withdraw a formal complaint).
The decision to dismiss or not to dismiss a charge under these circumstances will depend on the totality of the situation.
D. Optional Voluntary Informal Resolution Process
An Informal Resolution Process is a voluntary process in which a trained facilitator assists the parties in resolving the allegations made by a complainant. An Informal Resolution prioritizes educational and conciliatory approaches over more adversarial contestation of the facts. One objective of the Informal Resolution is to provide to the parties an opportunity to hear each other’s’ concerns and address them as collaboratively and usefully for the parties as possible, with the assistance of the facilitator.
The intent of an Informal Resolution Process is for the parties to undertake a facilitated discussion regarding the matters at issue related to the allegations to see if they can reach agreement on a resolution that leaves both parties feeling satisfied with that resolution.
The Informal Resolution Process is not available if the respondent in a sexual misconduct complaint is a faculty or staff member of College and the complainant is a student. The Informal Resolution Process is also not available in a complaint involving more than two parties unless (1) all parties consent to use the Informal Resolution Process, (2) there is an understanding among all parties about what happens when the right of any party to stop the Informal Resolution process and return or proceed to the formal grievance and hearing process is invoked, and (3) there is an understanding among all parties about whether some parties, but not all, can agree to a resolution.
Supportive measures are available to both parties in the same manner as they would be if the formal complaint were proceeding under the formal grievance and hearing process.
The Title IX Coordinator will offer the Informal Resolution Process to the parties after a formal complaint is filed by a complainant. Both parties must consent to use the Informal Resolution process. Either party in an Informal Resolution process may terminate it at any time and the complaint will proceed to the formal grievance and hearing process. In some instances, as detailed below, the facilitator in the Informal Resolution process may terminate the process as well.
A written notice will be given to both parties before entering an Informal Resolution Process, and both parties must consent to the process in writing. No party should feel intimidated, coerced or threatened to participate in an Informal Resolution Process, or to withdraw from an Informal Resolution Process.
If both parties consent to participate in the Informal Resolution process, the College will assign a facilitator who will act in an independent, impartial manner to facilitate a resolution between the parties. The facilitator will be trained on how to perform the role. The facilitator will also be screened to ensure that such person is free from conflicts of interest and bias.
The procedure applicable to an Informal Resolution process will explained in more detail to the complainant and respondent if both parties are interested in Informal Resolution.
A resolution is reached only if both parties agree. The facilitator will not impose an outcome, although they may assist the parties in suggesting resolutions that appear to meet the parties’ needs. If there is no agreement on a resolution, the complaint is returned to the formal grievance and hearing process outlined in this policy. A party may terminate the informal process at any time before the final written resolution is signed.
The facilitator will draft a document reflecting the agreement between the parties that becomes final once it is signed by both parties. This written and signed resolution indicates that the complaint has been resolved under this policy without the need for further investigation or to pursue the formal grievance and hearing process.
After a written resolution has been finalized, the College will keep a record of the parties’ written consent to the Informal Resolution process and the written resolution. An Informal Resolution is a final resolution of the matter. In unusual circumstances, the College may decline to accept the parties’ Informal Resolution.
A formal complaint is required to initiate an investigation. A formal complaint must be submitted and signed by the complainant, or there must be a determination by the Title IX to sign a formal complaint.
The Title IX Coordinator reserves the right, in exceptional cases, to utilize external investigators, alone or in conjunction with internal investigators. Investigation of formal complaints will be completed as expeditiously as possible, ordinarily within 60 days. Investigation may take longer when (among other things) the College is not in session.
In unusual cases, it may be apparent that an investigation should not proceed. This may be the case if the report is not of a nature covered by this Policy or where another Policy is more appropriate, or where there is indisputable proof that the allegations are not true. If a determination is made by the Title IX Coordinator not to proceed with an investigation, the decision is immediately appealable.
A. Notice of Investigation
The Complainant and Respondent shall receive a notice of investigation referencing the violation(s) of this policy alleged to have been committed and the range of possible disciplinary sanctions and remedies following any determination of responsibility. The notice of investigation will include, to the extent known:
· the identities of the involved parties;
&midmiddot; the date, time, location and factual allegations concerning the alleged violation;
· the policy provisions allegedly violated;
· a description of the investigation and adjudication process;
· potential sanctions;
· the right to an advisor of their choice, who may be, but is not required to be, an attorney;
· their right to inspect and review evidence in accordance with this policy;
· notice that knowingly making false statements or knowingly submitting false information is prohibited under the Le Moyne College Student Handbook; and
· that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the process
If, in the course of the investigation, the College decides to investigate allegations that are not included in the notice initially provided to the parties, the Title IX Coordinator or designee will provide notice of the additional allegations to the parties.
B. Advisor of Choice
At any meeting that the complainant or respondent is permitted or required to attend, the complainant and the respondent may be accompanied by an advisor of the party’s choice, who may be but is not required to be an attorney. Any expense incurred in using an advisor is borne by the individual. The College does not appoint an advisor for a party at this stage of the process.
Individuals are expected to speak for themselves during meetings/interviews; accordingly, advisors may furnish advice to the individual only and may not make statements or arguments, question witnesses or other individuals involved, or otherwise actively represent an individual during the meeting/interview. Without limiting the foregoing, an advisor may not speak during any meetings/interviews related to the report, object to any aspect of the meeting/interview, or disrupt a meeting/interview in any way. Any consultation with the advisee while a meeting/interview is in progress must be done in writing only and in a way that is not disruptive.
The advisor may consult with the advisee outside the meetings /interviews during breaks, if any. If an advisor is not adhering to these or other ground rules of any meeting/interview, the advisor may be expelled from the meeting/interview, and the meeting /interview will continue without opportunity for the party to secure a new advisor.
C. Investigation Process
Investigatory meetings/interviews will be conducted by the Investigation Team, who will determine the order and method of proceeding. The Investigation Team will review the charges during the meeting/interview; will determine all questions of procedure or interpretation arising during or with respect to the meetings/interviews and may exclude from a meeting/interview any person who engages in conduct in violation of these procedures. Meetings/interviews may be recorded by the Investigating Team (only), at its discretion, and with notice to the person being recorded.
The investigation process will generally be closed to anyone other than the interviewee, and if the interviewee is the complainant or respondent, then also their advisor, but the Investigation Team may permit others to attend if it is deemed that there are other compelling reasons for their presence, such as an accommodation to an individual with a disability.
The Title IX Coordinator may determine that cases where the allegations arise out the same set of facts should be consolidated for purpose of the investigation and/or adjudication. Instances where consolidation of complaints may occur include but are not limited to cross-complaints filed by the parties against each other, multiple complaints by a single complainant against a respondent, or multiple complaints by a single complainant against multiple respondents.
D. Witnesses and Documentation
The complainant and respondent may each request that witnesses be included in the investigation process. Such requests must be submitted to the Investigation Team in writing including the purpose for including the witnesses.
The Investigation Team may decide not to include a requested witness if the Investigation Team determines that the expected testimony is not sufficiently relevant to the charges or is cumulative. The Investigation Team may also interview additional witnesses on its own initiative.
The complainant and the respondent will be given an equal opportunity to present information. This includes the opportunity to present fact or expert witnesses and other evidence that the party believes tends to prove or disprove the allegations. However, at all times, the burden of gathering evidence remains with the College. The Investigation Team may decline to interview any witness or to gather information the investigator finds to be not relevant or otherwise excludable (e.g., sexual history of the complainant with a person other than the respondent, materials subject to a recognized privilege, medical records in the absence of a release by the subject of the records, etc.).
E. Opportunity for Inspection and Review of Evidence
The complainant and respondent will be provided an equal opportunity to inspect and review any evidence obtained in the investigation directly related to the allegations gathered in the investigation and regardless of whether the information will be relied on in reaching a determination. Prior to the conclusion of the investigative report, the complainant and respondent, and each party’s advisor of choice, if any, will be provided a copy (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform) of the evidence, subject to redaction permitted and/or required by law. The complainant and respondent will be provided with at least ten (10) days to submit a written response, which the investigator will consider prior to completion of the investigative report. The investigator will determine if additional investigation is necessary and, if so, will complete any additional investigative steps.
F. Investigating Team’s Report
At the conclusion of the investigation, the Investigating Team will provide, their report to the Title IX Coordinator.
At least ten (10) days prior to a hearing to determine whether there is responsibility for the allegations, the complainant and respondent, and each party’s advisor if any, will be provided a copy of the investigative report (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform), subject to redaction permitted and/or required by law.
XII. Hearing Procedures
A hearing before a Hearing Panel will be convened not less than ten days after the parties have been provided access to the final investigative report, for the purpose of determining whether the respondent is responsible or not responsible for the charge(s).
The Title IX Coordinator will notify the parties in writing of the date, time, and location of the hearing, the names of the Hearing Panel, and how to challenge participation by any Hearing Panel member for bias or conflict of interest. Bias or conflict of interest will be judged by an objective standard (whether a reasonable person would conclude the individual is biased).
Participants in the hearing will include the members of the Hearing Panel, the complainant and the respondent, their respective advisors, the investigator(s) who conducted the investigation, and witnesses (solely during their own testimony). Hearings are private. Observers or additional support personnel, other than the parties’ advisors, are not allowed unless deemed necessary by the Title IX Coordinator for purposes such as accommodation of a disability. Cell phones and recording devices may not be used by the parties or their advisors in the hearing room(s).
Hearings may be conducted with all parties physically present in the same location or, at the Title IX Coordinator’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling the Hearing Panel and the parties to simultaneously see and hear any party or witness providing information or answering questions. If either party so requests, the hearing will be conducted with the parties located in separate rooms using technology as described in the preceding sentence.
The Title IX Coordinator may postpone the hearing for good cause as determined by the Title IX Coordinator. Good cause may include, without limitation, unavailability of one or more participants due to unanticipated events or circumstances, the timing of academic breaks or holidays, or other extenuating circumstances.
B. Procedural Matters
The Chair of the Hearing Panel is in charge of organizing the presentation of information to be considered at the hearing. Generally, the hearing will proceed in the following order:
1. Opportunity for Opening Statement by the complainant
2. Opportunity for Opening Statement by the respondent
3. Summary of the results of the investigation by the investigator(s)
4. Questions for the investigator(s) by the Hearing Panel and, if desired, on behalf of complainant and the respondent (as described below)
5. Questions for the complainant by the Hearing Panel and, if desired, on behalf of the respondent (as described below)
6. Questions for the respondent by the Hearing Panel and, if desired, on behalf of the complainant (as described below)
7. Questions for each witness by the Hearing Panel and, if desired, on behalf of complainant and the respondent (as described below)
8. Opportunity for Closing Statement by the respondent
9. Opportunity for Closing Statement by the complainant
Formal rules of evidence will not apply. Except as otherwise expressly prohibited by this Policy, any information that the Chair determines is relevant may be considered, including hearsay, history and information indicating a pattern of behavior, and character evidence. All evidence previously made available to the parties for inspection and review prior to completion of the investigative report as described in Section XI will be made available at the hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of questioning. Absent extraordinary circumstances (such as newly discovered information not reasonably available at an earlier time) or other excusable circumstances as determined by the Chair of the Hearing Panel, no party may seek to introduce at the hearing any evidence not previously made available in accordance with the preceding sentence, other than the investigative report itself and any responses to the investigative report submitted by the parties pursuant to Section XI.
The Chair of the Hearing Panel will address any concerns regarding the consideration of information prior to and/or during the hearing and may exclude irrelevant information. Subject to the terms of this Policy, the Chair will have discretionary authority to determine all questions of procedure, to determine whether particular questions, evidence or information will be accepted or considered, to call breaks or temporary adjournments of the hearing, to alter the order of the proceedings from that described above, and/or to recall parties or witnesses for additional questions as the Chair deems necessary or appropriate. The Chair may impose additional ground rules as Chair may deem necessary or appropriate for the orderly and efficient conduct of the hearing, which will apply equally to both parties.
C. Advisors of Choice and Institutional Advisors
The complainant and the respondent may each have present with them during the hearing an advisor of their choice (at the party’s expense, if the advisor is a paid advisor). If a party does not have an advisor present at the hearing, the College will provide, without fee or charge to that party, an advisor of the College’s choice (known as an “institutional advisor”) for the limited purpose of conducting questioning on behalf of that party as provided in this Policy.
Except with respect to questioning as described below, the advisor’s role is limited to consulting with their advisee, and the advisor may not present evidence, address the Hearing Panel during the hearing, object to any aspect of the proceeding, or disrupt the hearing in any way, and any consultation with the advisee while the hearing is in progress must be done in a quiet nondisruptive manner or in writing. The advisor may consult with the advisee verbally outside the hearing during breaks, when such breaks are granted by the Chair of the Hearing Panel. An advisor’s questioning of the other party and any witnesses must be conducted in a respectful, nonintimidating and non-abusive manner. If the Chair determines that an advisor is not adhering to these or other ground rules, the advisor may be required to leave the hearing, and the hearing will proceed without an opportunity for the party to obtain a replacement advisor; provided, however, that the College will assign an advisor of the College choosing, without charge, for the purpose of conducting questioning on behalf of the party as provided below.
Witnesses are not permitted to bring an advisor or other person to the hearing, absent an approved disability accommodation. The Hearing Panel may be advised by and/or consult with the College’s legal counsel as the Chair of the Hearing Panel deems necessary or appropriate.
D. Questioning Procedures
The Hearing Panel will permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility; provided that questions that seek disclosure of information protected under a legally recognized privilege will not be permitted unless the person or entity holding the privilege has waived the privilege in writing. Questioning must be conducted by the party’s advisor in a respectful, nonintimidating and non-abusive manner, and never by a party personally. If a party does not have an advisor of choice present at the hearing, the Title IX Coordinator will arrange for the College to provide without fee or charge to that party, an advisor of the College’s choice (i.e., an “institutional advisor”) to conduct cross-examination on behalf of that party.
Only relevant questions may be asked by a party’s advisor to a party or witness. Before the party or witness answers a question posed by an advisor, the Chair of the Hearing Panel will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. The advisor posing the question may request that the Chair reconsider any decision to exclude a question and the Chair, after soliciting the other party’s advisor’s opinion, will render a final determination. Such decisions by the Chair are final and not subject to further objection or reconsideration during the hearing.
Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, other than questions and evidence about the complainant’s prior sexual behavior that (a) are offered to prove that someone other than the respondent committed the alleged misconduct, or (b) concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
If a party or witness does not submit to cross-examination at the hearing by a party’s advisor as described above, the Hearing Panel may not rely on any statement of that party or witness, during the hearing or otherwise, in reaching a determination regarding responsibility. The Hearing Panel will not draw an inference as to responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer cross-examination questions.
E. Hearing Determinations
Following conclusion of the hearing, the Hearing Panel will deliberate and render a determination by majority vote as to whether the respondent is responsible or not responsible for the alleged violation(s). The Hearing Panel will use “preponderance of the evidence” as the standard of proof to determine whether each alleged violation of the Policy occurred. “Preponderance of the evidence” means that the Hearing Panel must determine whether, based on the evidence presented, it is more likely than not that the respondent engaged in the conduct charged.
If the Hearing Panel determines that the respondent is responsible for one or more violations, the complainant and respondent will be invited by the Title IX Coordinator to submit a personal impact statement that will be provided to the Hearing Panel for consideration in determining appropriate sanctions. The Title IX Coordinator will set the time frame for the submission of personal impact statements which normally will be no less than three days. The Title IX Coordinator will provide each of the parties an opportunity to review any statement submitted by the other party.
In addition to the impact statement(s), if any, factors considered when determining sanctions may include:
· the nature and severity of, and circumstances surrounding, the violation(s);
· the respondent’s state of mind at the time of the violation(s) (intentional, knowing, bias-motivated, reckless, negligent, etc.);
· the respondent’s previous disciplinary history;
· the need for sanctions to bring an end to the conduct; and/or to prevent the future recurrence of similar conduct;
· the need to remedy the effects of the conduct on the complainant and/or the community;
· the impact of potential sanctions on the respondent;
· sanctions imposed by the College matters involving comparable conduct; and
· any other lawful factors deemed relevant by the Hearing Panel.
The following are the sanctions that may be imposed upon students or organizations singly or in combination:
· Warning: A formal statement that the behavior was unacceptable and that further infractions of any College policy, procedure, or directive may result in more severe disciplinary action.
· Probation: A written reprimand for violation of the Policy, providing for more severe disciplinary sanctions in the event that the respondent is found in violation of any College policy, procedure, or directive within a specified period of time.
· Revocation of Privileges. This may include exclusion from extracurricular activities; ban from on-campus housing; restrictions on the respondent’s presence on campus; prohibition on holding positions of leadership or, in the case of employees, positions with supervisory/managerial status or positions in particular departments or having particular responsibilities; reductions in pay for employee respondents; ban from campus events such as graduation; and/or other measures deemed appropriate.
· Suspension: Cessation of student or employment status for a definite period of time and/or until specific criteria are met. Suspensions from employment may be unpaid.
· Expulsion: Permanent termination of student status.
· Withholding Degree and/or Diploma: The College may withhold a student’s degree and/or diploma for a specified period of time and/or deny a student participation in commencement activities.
· Other Actions: In addition to or in place of the above sanctions, the Hearing Panel may assign any other sanctions as deemed appropriate, including but not limited to the following:
o Mandated counseling so the respondent has the opportunity to gain more insight into their behavior.
o A “no contact” directive (including but not limited to continuation of a no contact directive imposed as a supportive measure) prohibiting contact with one or more identified persons, in person or through telephonic, electronic, written or other means. A no contact directive may include additional restrictions and terms.
o Requiring the respondent to write a letter of apology.
o Requiring unpaid service to the campus or local community stated in terms of type and hours of service.
o Restitution for damage to or misappropriation of property, or for personal injury, and other related costs.
o Loss, revocation or restriction of housing privileges (e.g., exclusion from specified locations or alteration of status in the housing lottery or other selection system).
F. Notice of Outcome
The Hearing Panel will issue a written determination including the following information:
· A description of the charges that were adjudicated;
· A description of the procedural steps taken from the submission of the formal complaint through the determination, including notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
· Findings of fact supporting the determination;
· Conclusions regarding the application of the Policy to the facts;
· A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions to be imposed on the respondent, and whether remedies designed to restore or preserve equal access to the College’s educational programs or activities will be provided to the complainant; and
· The procedures and permissible bases for the complainant and respondent to appeal.
The Title IX Coordinator Chair will provide the written determination to the parties simultaneously.
A. Process for Appeal
A respondent or complainant may appeal: (1) a determination regarding responsibility, and (2) the College’s dismissal of a formal complaint or any allegations therein.
If a party wishes to appeal a determination regarding responsibility or the dismissal of a formal complaint, the party must submit written notice (not more than 1500 words) to the Title IX Coordinator of the party’s intent to appeal within 10 days of receiving the written notification of the appealable decision.
A respondent or complainant may appeal on the following bases:
· Procedural irregularity that affected the determination regarding responsibility or dismissal of the matter;
· New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the determination regarding responsibility or dismissal of the matter; and
· The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the determination regarding responsibility or dismissal of the matter. The professional experience of an individual need not disqualify the person from the ability to serve impartially. Furthermore, bias is not demonstrated by working in complainants’ or respondents’ rights organization.
· The sanction is inappropriate (too severe or too light)
In addition to the three bases for appeal, College reserves the right to add additional bases for appeal that will be available equally to both the respondent and the complainant. Any additional bases of appeal that are added will not be applied retroactively to previous determinations and dismissals.
When a party submits a written notice of its intent to appeal to the Title IX Coordinator within 10 days of the appealable decision, College will notify the other party in writing and implement appeal procedures equally for both parties. If no written notice of either party’s intent to appeal is sent, then the written determination becomes final after the time period to file an appeal (10 days) has expired.
Each party will be given a reasonable, equal opportunity to submit a written statement (not more than 1500 words) in support of, or challenging, the outcome. Each party will have at least 10 days to submit its written statement. If a party needs additional time, it can request such additional time from the decision-maker for the appeal. Such requests will be granted on a case-by-case basis. If the decision-maker for the appeal grants a request for additional time to submit a written statement, all parties will be granted the additional time.
B. Appeals Panel
When the respondent is a student, the Title IX Coordinator will be responsible for appointing an Appeals Panel consisting of two faculty and/or staff members.
When the respondent is a faculty member, the Title IX Coordinator will be responsible for appointing an Appeals Panel consisting of a Dean who was not involved in the Hearing Panel, who together with the Provost will constitute the Appeals Panel.
When the respondent is a staff member, the Title IX Coordinator will be responsible for appointing two employees (at the Director level or above) as an Appeals Panel not a part of the Hearing Panel.
If those two members cannot agree on an outcome, a third member will be appointed.
No decision-maker for the appeal will be the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator.
C. Appeals Panel Decision
The Appeals Panel will issue a written decision describing the result of the appeal and the rationale for the result. This decision will be provided to both parties simultaneously and in writing.
Once the appeal decision has been sent to the parties, the appeal decision is final.
XIV. Application to Faculty and Staff
One or more of the College’s personnel policies or faculty and staff handbook policies may overlap with this policy in a particular situation. This policy will be applied to faculty and staff in any situation involving a Title IX Category violation where a student is the complainant or respondent. In all other situations (including those not involving students and/or not involving Title IX Category violations), the College reserves the right to apply this policy or another applicable College policy or process. The College will apply this policy to any situation where the College determines that Title IX requires the application of this policy.
XV. Education for all Students
All students new to the Le Moyne Community (first years, transfers, part-time and graduate students) are required to participate in the Sexual Misconduct Education offered during their Orientation Process. Student Athletes must have documentation of completion of training prior to competition and student club and organization executive officers must have documentation of completion of training prior to recognition and budget approval.
Responsible Administrators, persons assigned as investigators and individuals determining violations of this Policy will receive annual training on relevant topics, including discrimination, harassment, sexual assault, stalking, domestic violence and dating violence and how to conduct timely investigations (including specifically investigations involving sexual assault, domestic and dating violence and stalking), the right during investigatory and adjudicatory proceedings to a presumption of “not responsible” until a finding of responsibility is made, the College’s disciplinary proceedings, protecting the safety of the community, and respectful treatment of all parties.
XVII. Academic Freedom
Le Moyne College supports and protects the principle of academic freedom. All members of the Le Moyne community have a right to use the academic forum provided by the College to discuss controversial subjects and express unpopular or unfamiliar ideas. However, under the shield of academic freedom, members of the community do not have the right to sexually harass others or engage in other acts of Sexual Misconduct. Nor may any member of the community implicitly or explicitly use the threat of filing a Sexual Misconduct report as a mechanism for the advancement of certain ideas and the silencing of others.
The record-keeping procedures outlined here are designed to protect the privacy of individuals to the maximum degree consistent with protection of the Le Moyne College community against future Sexual Misconduct. Records of information inquiries, reports and responses filed, notes and materials, and dispositions of cases will be maintained in a locked file by the Title IX Coordinator.
When a report is received, the Title IX Coordinator will check the file to determine whether a report has previously been recorded against the same individual, but not acted upon. If so, the College may attempt to contact the earlier reporting party(ies) and any witnesses named in order to suggest the possibility of joint action or participation as a witness, while still maintaining appropriate levels of privacy. Such persons have the right to decline to participate, although the College may decide to move forward on its own. The Title IX Coordinator shall also use this file to determine whether previous findings have been reached involving the person complained against and may use that information as appropriate.
XIX. Transcript Notation
In the event any student is found responsible for conduct which constitutes a crime of violence that must be reported under the Clery Act (including aggravated assault and sexual violence) and is suspended or expelled as a result, their transcript will note that they were suspended or expelled, as appropriate, for a finding of responsibility for a code of conduct violation (or words to that effect). A student who withdraws with such charges pending and does not participate through completion in any College process will have noted on their transcript that they withdrew with charges pending (or words to that effect). (The College reserves the right to process to completion a report filed against a student, and impose a sanction, notwithstanding their withdrawal.) Pursuant to the College’s Policy on transcript notations, a student who has been suspended may be eligible to seek to have the notation removed, but not sooner than one year following completion of the suspension. A request for a removal of a suspension notation should be addressed to the Title IX Coordinator.
XX. Clery Act Compliance
The College is required to include for statistical reporting purposes the occurrence of certain incidents in its Annual Security Report (ASR). Names of individuals involved in incidents are not reported or disclosed in ASRs. In the case of an emergency or ongoing dangerous situation, the College will issue a timely warning to the campus. In such circumstances, the name of the respondent may be disclosed to the community, but the name of the complainant will not be disclosed.
XXI. Coordination with Other Policies
A particular situation may potentially invoke one or more College policies or processes. The College reserves the right to determine the most applicable Policy or process and to utilize that Policy or process. Without limiting the foregoing, the Hearing Panel has the authority to review allegations of collateral misconduct, meaning that it hears all allegations of Sexual Misconduct, but also may hear any allegations of additional conduct or Policy violations that are alleged to have occurred as part of the same set of circumstances as the alleged Sexual Misconduct, even though those collateral allegations may not otherwise fall within the Hearing Panel’s jurisdiction.
In cases where the individual has more than one status with the College (such as a student who is also employed with the College, or any employee who takes courses at the College), the College will determine in its discretion which status is primary; in such a situation, sanctions imposed may include both sanctions related to each status.
XXII. Delegation of Authority/Interpretation
The Title IX Coordinator may delegate any of their responsibilities and/or authorities under this Policy to a Deputy Title IX Coordinator, as appropriate.
The Title IX Coordinator may also delegate the authority of any other person with a role under this Policy to another appropriate (including appropriately trained) College official, including in order to avoid conflicts of interest or where time constraints or other obligations prevent a College official named in this Policy from fulfilling their designated role.
Final interpretation of any provision of these policies is vested in the Title IX Coordinator. Issues that are not specifically addressed in these policies may be resolved by the Title IX Coordinator.
Any person with a designated role pursuant to this Policy may be substituted for another person as necessary to avoid conflicts of interest or for other good cause, including unavailability of the designated person.
XXIII. Time Limits
The Title IX Coordinator may extend any time limits provided for in this Policy for good reason.
XXIV. Policy Compliance
Any person with a concern about the College’s handling of a particular matter should contact the Title IX Coordinator.
The U.S. Department of Education, Office for Civil Rights is a federal agency responsible for ensuring compliance with Title IX. OCR may be contacted at 400 Maryland Avenue, SW, Washington, DC 20202-1100, 1-800-421-3481.
This policy may be amended by the President in consultation with the Board of Trustees.
RIGHTS IN CASES INVOLVING SEXUAL ASSAULT,
DOMESTIC/DATING VIOLENCE AND STALKING
Anyone reporting an incident of sexual assault, domestic or dating violence or stalking has the right to:
A. emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a reporting individual and who can provide information, including:
(i) options to proceed, including the right to make a report to Campus Safety (reports to Campus Safety are reported to the Title IX Coordinator), Local Law Enforcement, and/or the New York State Police or choose not to report; to report the incident to the College; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from the College, as set out in the Le Moyne College Sexual Harassment and Sexual Misconduct Policy, which can be found at www.lemoyne.edu/studenthandbook.
(ii) where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible;
(iii) that the criminal justice process utilizes different standards of proof and evidence than the College’s misconduct procedures and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney;
(iv) whether the person they are reporting to is authorized to offer confidentiality or privacy; and
(v) Any other reporting options.
B. If they are a student, to contact the College’s Wellness Center for Health and Wellness Center of Counseling, where they may be offered confidential resources pursuant to applicable laws/policies and can be assisted in obtaining services for reporting individuals; if they are not a student but are otherwise a member of the College community, to contact non-College confidential resources, including:
(i) Vera House 315-468-3260
(ii) St. Joseph’s Hospital Emergency Room 315-448-5101
(iii) Upstate University Hospital Emergency Room 315-464-5611
(iv) Crouse Hospital Emergency Room 315-470-7411
C. Disclose confidentially the incident and obtain services from the state or local government;
D. Disclose the incident to the College’s Responsible Administrators who can offer privacy or, in appropriate cases determined by the Title IX Coordinator, confidentiality, subject the College’s Sexual Harassment and Sexual Misconduct Policy (which can be found at www.Lemoyne.edu/studenthandbook), and can assist in obtaining resources for reporting individuals;
E. File a report of sexual assault, domestic violence, dating violence, and/or stalking and consult the Title IX Coordinator and other appropriate College personnel for information and assistance. Reports shall be investigated in accordance with College Policy. A reporting individual’s identity shall remain private if that is what the reporting individual wishes, however privacy is not the same as confidentiality; private information can be shared to implement and fulfill the College’s obligations under the law and its Sexual Harassment and Sexual Misconduct Policy and related Procedures;
F. Disclose, if the respondent is a College employee of the institution, the incident to Human Resources or to request that a private employee assist in reporting to Human Resources; and
G. Receive assistance from appropriate College representatives if interested in initiating legal proceedings in family court or civil court, such assistance to consist of facilitation in contacting appropriate local agencies (e.g., Vera House), who can provide direct assistance with court proceedings.
H. Withdraw a complaint or involvement from the College processes at any time, with the understanding that in appropriate cases, the College may nonetheless be required to proceed even if the reporting individual does not wish to do so.
Information about available resources, including intervention, mental health counseling and medical services that might be available to anyone reporting an incident can be found at www.Lemoyne.edu/assaultresources. In addition, information on sexually transmitted infections and sexual assault forensic examinations can be obtained from the Health Center, if a student, or from the Hospitals listed above, if an employee. Certain resources are also available to victims of crimes through the New York State Office of Victim Services, www.ovs.ny.gov.
 Private body parts include: genital area, anus, groin, buttocks or breast. This definition includes contact over or under clothing.
 Private body parts include: genital area, anus, groin, buttocks or breast. This definition includes contact over or under clothing.