St. Lawrence University
- Nondiscrimination, Discriminatory Harassment & Sexual and Interpersonal Misconduct Policies (effective September 2014)
All members of the St. Lawrence community are valued equally. We are committed to multicultural diversity in our faculty, staff, student body and curriculum. Awareness training for students, faculty and staff is designed to eliminate all forms of discrimination. St. Lawrence University subscribes fully to all applicable federal and state legislation and regulations (including the Civil Rights Act of 1964; Title IX of the Educational Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act; the Age Discrimination in Employment Act (ADEA); the Age Discrimination Act of 1975; New York State Human Rights Law; and Part 53, Section 607 of the New York State Educational Law) regarding discrimination, as well as the Drug Free Workplace Act of 1988. The University does not discriminate against students, faculty, staff, or other beneficiaries on the basis of race, color, predisposing genetic characteristics, gender, gender identity or expression, religion, age, disability, marital status, veteran’s status, sexual orientation, or national or ethnic origin, or any other category protected by law or regulation, in admission to, or access to, or treatment, or employment in its programs and activities. Gender identity and expression, while protected under St. Lawrence University policy, may not be protected under all federal, state, or local laws. In addition, pursuant to the Violence Against Women Act, University policy prohibits domestic violence, dating/relationship violence and stalking, where it impacts or has the potential to impact the educational or employment environment of any member of the University community. Retaliatory action of any kind taken by any employee, student, or beneficiary against any other employee, student, or beneficiary as a result of that person's seeking redress under this policy is prohibited. St. Lawrence University is an Affirmative Action/Equal Opportunity Employer.
For further information contact St. Lawrence University's Vice President for Community and Employee Relations, Lisa Cania, who also serves as the University’s Title IX, Section 504 and Age Discrimination Act Coordinator. Her office is Vilas Hall 114, St. Lawrence University, Canton NY 13617, 315-229-5567, and her email address is email@example.com.
- Discriminatory Harassment
As part of it nondiscrimination policy, it is the policy of St. Lawrence University that all our employees and students should be able to enjoy a work and educational environment free from all forms of discrimination and discriminatory harassment, including sexual harassment. St. Lawrence University provides for the development of a climate of tolerance and pluralism and prohibits expressive behavior which is demeaning, intimidating or hostile, communicated verbally, physically or with other communication device, including telephonic or electronic means. It is expressly against University policy for any employee or student to engage in discriminatory harassment.
The University defines harassment as verbal or physical conduct that denigrates or shows hostility toward an individual on the basis of race, color, religion, ethnic or national origin, gender, age, disability, predisposing genetic characteristics, sexual orientation, gender identity, gender expression, military or veteran’s status, marital status or any other characteristic protected by applicable law. Whether harassment has occurred in violation of this policy depends on a consideration of all the circumstances, including the severity of the incident(s), whether the conduct was repeated, whether it was threatening or merely annoying, and the context in which the incident or interaction occurred.
Harassment may be verbal, visual or physical. Merely by way of illustration, harassing acts may include racial, ethnic or religious slurs; name-calling that demeans on the basis of gender, age, disability, sexual orientation or gender identity; unwanted touching of a person’s legs or shoulder; physically harming or threatening another due to racial or religious animosity; vulgar pictures or ethnically offensive symbols or writings; or gestures that mimic or mock a person’s gender, sexual orientation, disability, race or age. Sexual harassment is one form of harassment. Sexual harassment may consist of sexually-charged comments or conduct, including sexually lewd conversation or pictures, repeated, unwelcome requests for dates or romantic interaction; unwelcome physical affection (such as hugs or kisses) or intentional touching of the legs, back, or shoulders.
The fact that a person was personally offended by a statement or incident does not alone constitute a violation of this policy. The determination is based on a “reasonable person” standard and takes into account the totality of the circumstances. The University considers the context of a communication or incident, the relationship of the individuals involved in the communication or incident, whether an incident was an isolated incident or part of a broader pattern or course of offensive conduct, the seriousness of the incident, the intent of the individual who engaged in the allegedly offensive conduct, and its effect or impact on the individual and the learning community.
In all instances, a key factor is whether the complained-of behavior occurred because of one of the protected characteristics listed here. If it did not, the behavior is not regulated by this policy. Similarly, conduct that offends based on a protected characteristic but is not so severe or pervasive as to unreasonably impact an individual’s participation in the University’s educational program or employment may not violate this policy. In such cases, however, the University reserves the right to discipline otherwise inappropriate conduct.
Students and employees are encouraged to report instances of discrimination, discriminatory harassment, domestic violence, dating/relationship violence or stalking to appropriate University officials, as described below. Any employee or student is subject to disciplinary action for violation of this policy, up to and including termination or expulsion. Discrimination and harassment may be found to be illegal under both state and federal law. In some cases, it may be susceptible to prosecution under criminal sexual law.
This policy applies to all University students, faculty, staff and non-University community members (where the alleged conduct arises out of University programs or activities). This policy applies to conduct on-campus and in connection with any University-sponsored program or activity, regardless of where it occurs. Additionally, off-campus conduct may violate this policy if the conduct creates a threatening or uncomfortable work or learning environment on the University’s campus or within a University program, or if the incident causes concern for the safety or security of the University’s campus. Non-community members (e.g., alumni, family of students, vendors, etc.) visiting campus or participating in a University program or activity are expected to abide by the behavioral expectations in this policy.
Retaliatory action of any kind is prohibited. Retaliatory action includes, but is but not limited to, adverse actions or decisions affecting student or employment status, including adverse decisions regarding salary, job performance or student performance, or adverse action taken regarding an opportunity for advancement for an employee or student) taken by any employee , student or beneficiary of the University against any other employee, student, or beneficiary as a result of that person's seeking redress through an appropriate means, including under this policy or the procedures of the Special Hearing Board on Sexual Misconduct (“SHB”) or the Discriminatory Harassment Hearing Board (“DHHB”), cooperating in any appropriate inquiry into a matter, or otherwise participating in any proceedings before the SHB or the DHHB or other appropriate University body. Any such retaliatory action can be the basis for a separate complaint. The University will not only take steps to prevent retaliation but will take strong responsive action if retaliation occurs.
This policy is not intended to proscribe, and should not limit free discussion of, the merits of any issue relating to ethnic, racial, religious or other multicultural difference or open inquiry into any material or issue relevant to the academic content of a course.
- Sexual and Interpersonal Misconduct Policy
As part of the above general prohibition of discrimination based on gender (including sexual harassment), and pursuant to its required compliance efforts under Title IX and the Violence Against Women Act, the University specifically prohibits sexual and other types of interpersonal misconduct, which includes sexual harassment and non-consensual sexual conduct, as well as relationship or dating violence, domestic violence and stalking which impacts or has the potential to impact the educational or employment environment of any member of the University community (collectively referenced for purposes of this policy as “Sexual Misconduct”). This policy applies to all University students, faculty and staff, and specifically applies regardless of one’s sexual orientation, gender, gender identity or gender expression.
While Sexual Misconduct can be a criminal offense under New York State law, a person’s conduct may violate the University’s prohibition against Sexual Misconduct even if it does not violate State law.
For purposes of this policy Sexual Misconduct includes:
Sexual Harassment is harassment, as defined above, based on one’s gender, gender identity, gender expression or sexual orientation.
Non-Consensual Sexual Conduct
The University expects that any sexual activity or contact will be based on mutual consent to the specific sexual activity. Sexual relationships between students and employees are strongly discouraged.
Consent is free and informed permission. Consent can be given by word or action. Consent given verbally is evidenced by affirmative agreement to engage in specific sexual activity. Consent through action is active participation in the specific sexual activity. Silence in the absence of actions demonstrating permission cannot be presumed to be consent. Consent to one type of sexual activity is not consent to other types. Past consent to sexual activity does not mean consent to the same sexual activity in the future. Consent can be withdrawn at any time.
Certain conditions prevent a person from being able to consent. These conditions include being asleep, unconscious, physically or mentally helpless, disoriented or unable to understand what is happening for any reason, including due to alcohol or drugs, or being under the age of 17. A person will be considered unable to give consent if he or she cannot understand the details of a sexual interaction (who, what, when, where, how). A person who engages in sexual activity with another when that person knows, or should know, that the other person is unable to consent has violated this policy. A person who is under the influence of alcohol or drugs is not relieved of his or her responsibility to have appreciated another’s incapacity to consent.
Sexual activity as the result of coercion is non-consensual. Coercion is a threat or intimidation to engage in sexual activity.
- Examples of Prohibited Conduct
- Non-consensual Sexual Contact
Any non-consensual sexual activity or contact violates this policy. This policy further categorizes non-consensual sexual acts for educational and illustrative purposes, but the forms of non-consensual sexual activity prohibited by this policy are not limited to the following.
- Sexual Contact: Any intentional touching, however slight, for purposes of sexual gratification or with sexual intent, with an object or bodily part, by a person upon another person that is without consent.
- Sexual Exploitation: When one takes non-consensual sexual advantage of another. Examples of sexual exploitation include but are not limited to observing or recording others engaged in sexual or private activity (such as undressing or showering) without the consent of all involved; or taking intimate pictures of another but then distributing the pictures to others without the photographed person’s consent; or exposing one’s genitals in non-consensual circumstances.
- Forcible Sex Offense: A forcible sex offense is defined as 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 person is incapable of giving consent, such as because of his/her temporary or permanent mental or physical incapacity or his/her youth.
Forcible sex offenses include:
Forcible Rape: sexual intercourse with another person forcibly and/or against the other person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.
Forcible Sodomy: oral or anal sexual intercourse with another person, forcibly and/or against the other person’s will; or not forcibly or against a person’s will where the person is incapable of giving consent.
Forcible Fondling: the touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against a person’s will; or, not forcibly or against the person’s will where the person is incapable of giving consent.
Sexual Assault with an Object: the insertion of any object, however slightly, in the vagina, urethra, penis or rectum of another person forcibly and/or against a person’s will; or not forcibly where the person is incapable of giving consent.
- Dating/Relationship Violence is abusive behavior, including threats, verbal and/or emotional abuse, and physical assaults between adults in an intimate and/or sexual relationship. The “intimate” relationship may be characterized as a series of sexual encounters, dating, “hooking up”, or similar interactions. Examples of abusive actions range from physical acts like hitting, shoving, or restraining to threats designed to control the victim’s behavior. Some examples of threatened actions would be turning friends against the victim or committing suicide or hurting pets.
- Domestic Violence refers to physical violence between spouses or former spouses, cohabitating romantic partners or individuals who were formerly cohabitating romantic partners, individuals who share a child in common, or others in a family relationship.
- Stalking is a pattern of knowingly unwanted behavior directed towards a specific person that would cause a reasonable person to fear harm to physical, mental, or emotional health, safety, employment status, or property of such person, a member of such person’s immediate family, or a third party with whom the person is acquainted. Such behaviors include, but are not limited to: telephone calls; voice/text messages; following to residence hall, class, work, or other daily activities; letters; emails; gift giving; instant messaging; using social networking communities to collect information about person; creating shadow accounts or monitoring key strokes; taking pictures of person; and befriending person’s friends.
- Reporting Discrimination and Complaint Procedures
- Student Members of the Community
A student member of the Community who believes that s/he has experienced or is experiencing discrimination, including harassment and/or Sexual Misconduct, should speak to someone for help or advice.
- Sexual Misconduct
If a student has been the victim of any type of Sexual Misconduct, a number of resources are available.
On Campus Confidential Resources
If you have been sexually harassed, subjected to non-consensual sexual contact, involved in dating/relationship violence or stalked, or otherwise subjected to Sexual Misconduct, you should seek immediate help.
You may contact the University’s Counseling Center at 229-5392. Discussions with the Center’s Counselors are legally treated as confidential.
St. Lawrence University Counseling Center
You may also contact an Advocate (an Advocate is a volunteer who serves as support for victims of Sexual Misconduct including sexual harassment, assault, dating/relationship violence or stalking). Discussions with Advocates are confidential under University policy (but may be subject to disclosure in legal proceedings or to the government).
St. Lawrence University Advocates Program—2014-2015
Advocates Program website at https://www.stlawu.edu/advocates
Sexual Violence Advocates Hotline: 244-5466
Names and contact numbers for individual Advocates will be available within the first week of the semester online at the Advocates’ website (above), in the Advocates Booklets accessible via CAs, FYP professors and Student Life staff.
The Counseling Center and/or Advocates can provide assistance and information regarding medical assistance and treatment, academic and other campus support options, campus disciplinary proceedings and law enforcement options. (Victims of non-consensual sexual contact should take steps to preserve evidence of the contact, such as not showering or douching; try not to urinate (urinating may reduce the ability to detect date rape drugs); if there was oral contact, do not smoke, eat or brush teeth; do not change clothes (if you have, place them in a paper bag, as plastic may destroy evidence); go to a hospital with the capability to provide a SAFE exam and request the exam).
Information regarding the preservation of evidence can be provided by either the confidential or non-confidential resources identified here.
If unsure of where to go, contact the Counseling Center or an Advocate.
Reports of Sexual Misconduct made to these resources will NOT be reported to other University officials in any personally identifiable manner (reports made to these individuals may result in a report to University officials that an incident occurred, but will not result in the reporting of any personally identifiable information), and as a result you should not expect action to be taken by the University against any alleged perpetrator if you only report to these resources.
Off Campus Confidential Resources
Confidential reports of Sexual Misconduct can also be made to off campus resources, including
3 Chapel Street
Reachout of St. Lawrence County (free, confidential crisis and information hotline)
These reports will not result in information being provided to the University and therefore you should not expect as a result of this type of reporting that the University will take any action against an alleged perpetrator.
On Campus Non-Confidential Resources: Responsible Administrators
Any student having a complaint of Sexual Misconduct, i.e., sexual harassment, non-consensual sexual contact, domestic or dating relationship violence, stalking or other Sexual Misconduct is also urged to speak to any of the following individuals, who are considered “Responsible Administrators” for purposes of Title IX:
Vice President and Dean of Student Life Joe Tolliver, 229-5311, Sullivan Student Center, firstname.lastname@example.org
Associate Dean of Student Life Rance Davis, 229-5551, Sullivan Student Center, email@example.com; Convener of Special Hearing Board
Vice President and Dean of Academic Affairs Valerie Lehr, 229-5993, Vilas 103, firstname.lastname@example.org
Associate Dean of Faculty Affairs Alison Del Rossi, 229-5993, Vilas 103, email@example.com
Vice President of Community and Employee Relations and Title IX Coordinator Lisa Cania, Vilas 114, 229-5656, firstname.lastname@example.org;
Director of Human Resources for Employee Relations Colleen Manley, 229-5988, Vilas G2, email@example.com
Director of Human Resources for Employee Benefits and Deputy Title IX Coordinator Debra Mousaw, 229-5597, Vilas G1, firstname.lastname@example.org
Head Volleyball Coach and Deputy Title IX Coordinator Shelly Roiger, Augsbury Center 217, 229-5875
Director of Security and Safety and Deputy Title IX Coordinator Patrick Gagnon, 229-5555, Torrey Health Center, email@example.com
Assistant Director of Security and Safety Roxanne Cliff, 229-5555, Torrey Health Center, firstname.lastname@example.org
Director of Residence Life Christopher Marquart, 229-5250, Sullivan Student Center 231, email@example.com
Director of Student Activities Megan Flaherty, 229-5757, Sullivan Student Center 225, firstname.lastname@example.org
Safety and Security Officers, 229-5555, Torrey Health Center
If a “Responsible Administrator” receives a report of Sexual Misconduct, s/he is required to report it to the University’s Title IX Coordinator. This report will include the name of the victim, the name of the alleged perpetrator(s) if known, any witnesses and any other relevant factors, including the date, time and location of the incident. Before making a report to a Responsible Administrator, one should consider the Responsible Administrator’s reporting obligation. One should also consider that Title IX prohibits retaliation and that the University will not only take steps to prevent retaliation but will take strong responsive action if retaliation occurs. If one wishes to ensure confidentiality, one should not report to any of the Responsible Administrators listed in this section but can instead speak to the confidential resources identified above. One can also choose to go to local law enforcement.
If a complaint is made to anyone other than the above listed Responsible Administrators, the complainant risks the possibility that it will not come to the attention of the proper University officials and may, therefore, not be acted upon. For this purpose, Faculty are not to be considered Responsible Administrators unless they are serving as an advisor to a student group. On the other hand, unless a report is made to a Confidential Resource, you cannot be assured of confidentiality.
However, even if reporting to a Responsible Administrator listed in this section, one has the right to request that the University maintain this report as confidential and/or to request that it not conduct an investigation or that action not be taken against an alleged perpetrator. The University is not required to honor that request, and in appropriate circumstances, may decide to move forward with an investigation and other/or disciplinary processes. In making such a determination the University must consider its obligation to provide a safe, non-discriminatory environment for all students and employees. The University has designated the Title IX Coordinator as the individual who will evaluate any requests for confidentiality. The Title IX Coordinator will consider a range of factors, including:
- The risk that the alleged perpetrator will commit additional acts of sexual or other violence, such as:
- whether there have been other sexual violence 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 University possesses other means to obtain relevant evidence of the sexual violence (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
- the overall safety of the campus community (including the complainant).
If the University determines that it cannot maintain a complainant’s confidentiality, it will inform the complainant prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the University’s response.
If the University honors a request for confidentiality, the reporting complainant must understand that the University’s ability to meaningfully investigate the incident and pursue disciplinary action against any alleged perpetrator may be limited.
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 disciplinary action against the accused and remedial actions to ameliorate or correct the effects of the sexual misconduct. 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 University 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.
Assisting students who are reporting Sexual Misconduct is the University’s primary interest. In order to facilitate reporting, the [Dean of Student Life] may choose not to charge students who report Sexual Misconduct and any material witnesses with University policy violations for behavior that otherwise would be considered violations (for example consuming alcohol underage).
A victim of a crime, including Sexual Misconduct, is encouraged to, but is not required to, report the incident to local law enforcement and pursue criminal charges. The criminal process and the University’s disciplinary processes are not mutually exclusive or dependent on each other, meaning that a person may pursue either a criminal complaint or University complaint or both. In criminal cases, including non-consensual sex offenses, the preservation of evidence is critical and must be done properly and promptly. The Canton Police Department can assist in filing a criminal complaint and in securing appropriate examination, including by a Sexual Assault Nurse Examiner. Additionally, orders of protection and other forms of legal protection may be available to individuals who have experienced or are threatened with violence by a University community member or other person. In appropriate circumstances, an order of protection may be available that restricts the offender’s right to enter University property, and the University will abide by a lawfully issued order of protection.
Reporting to criminal authorities may result in some delay in any internal University investigation, so as not to interfere with evidence gathering by law enforcement, but University procedures will resume as soon as possible. In addition, the University will cooperate with any criminal proceedings as permitted by law.
Canton Police Department
386-4561, or 911
The Responsible Administrators listed above can provide assistance to you in reporting to law enforcement.
Investigations of Reports of Sexual Misconduct
If a report of Sexual Misconduct is made to any of the above listed Responsible Administrators, subject to a determination on a request for confidentiality, a prompt and impartial investigation will be undertaken by the University.
(1) Where Both the Complainant/Alleged Victim and Alleged Perpetrator Are Students
The Associate Dean of Student Life has the authority to investigate allegations of Sexual Misconduct in which both the complainant (or alleged victim) and alleged perpetrator are students. (The Associate Dean of Student Life may designate others to assist in this investigatory effort, including Campus Safety and/or external investigators.) Investigations will begin promptly upon notice to the Associate Dean of Student Life, either directly by the complainant (or someone on the complainant’s behalf) or by the Title IX Coordinator. Following an investigation, the Associate Dean may determine that there is sufficient basis to the complaint to warrant referring the matter to the SHB for determination. (A decision can be made to proceed to the SHB on less than a preponderance of the evidence; however, if the subject matter of the complaint falls within the jurisdiction of the SHB and the complaint is timely, a decision not to proceed to the SHB will require a determination that a preponderance of the evidence does not support the complaint. A decision to not refer a matter to the SHB will be made in writing with a brief rationale and provided to both parties. An appeal of such a decision may be made within 10 days, in writing, to the Dean of Student Life.) Investigations will normally be completed within 10 days, although that period may be extended by the Title IX Coordinator, and the parties will be so advised. Submission to the SHB will normally be made within 7 days of completion of the investigation.
The complainant and the accused will be given an equal opportunity to present separately information in the context of the investigation and may utilize an advisor. The advisor’s role is to consult with and support the party and the advisor may not do so in any way which disrupts or distracts from the investigation. The advisor is not permitted to speak or otherwise make any direct statements to the investigator during such meetings. The advisor must be a non-lawyer, active member of the University community. The complainant, party charged or witness wishing to be heard must speak on his or her own behalf. An advisor who does not abide by this role may be precluded from further participation in investigatory meetings. An investigation usually involves interviews of witnesses and reviewing relevant documentation. The complainant and accused will be informed in writing as to whether the complaint will be forwarded to the SHB; if it is not to be forwarded, the notice will include a brief explanation of the basis for that outcome.
At any time prior to submission to the SHB, the Associate Dean may explore informal resolution provided both the complaining party and the charged party agree. However, informal resolution is not available in cases of sexual assault or violence.
Complaints should be reported as soon as possible. In most cases, a complaint will be considered timely if it has been filed within six months of the alleged misconduct or the cessation of the alleged misconduct, whichever is later. In some circumstances (including a complaint filed after a student has separated from the University but which involves conduct occurring while an active student) a complaint may be investigated and/or referred to the SHB beyond the six month period.
The SHB will conduct an impartial hearing as soon as practicable after receipt of the complaint from the Associate Dean, normally within 14 days. Hearings are scheduled as determined by the reasonable availability of the parties involved, witnesses, and members of the SHB. Normally a decision will be issued within 7 days of the completion of the hearing. Overall, it is expected that investigation and a decision after hearing will normally be made within 60 days.
In appropriate cases, the Associate Dean may secure interim relief for a complaining party. Such relief may include no-contact orders; changes in academic, extracurricular, residential, transportation, dining or working arrangements; access to academic, counseling and other support; as well as safe walks and escorts, and other relief as appropriate.
The procedures for hearings and appeals before the SHB can be found at https://www.stlawu.edu/associate-dean-student-life/special-hearing-board
(2) Where Only the Alleged Perpetrator is a Student
Where a University Student is charged with Sexual Misconduct by a non-Student member of the University community, or a non-community member, the above process will be followed.
(3) Where the Complaining Party is a Student and the Alleged Perpetrator is an Employee
Where the party charged with Sexual Misconduct by a student is an employee, the Title IX Coordinator will be advised and complaints will be investigated by the Director of Security and/or one or more Deputy Title IX Coordinators. (In cases involving discriminatory harassment, the Title IX Coordinator may instead refer the matter to the DHHB for processing. The procedures for investigations and hearings before the DHHB can be found at http://www.stlawu.edu/human-resources/discriminatory-harassment-hearing-board-dhhb-procedures.) A written report of the investigation will be provided to the Vice President with oversight of the area in which the charged party works and a Vice President from another area, as designated by the Title IX Coordinator.
Any investigatory process will be impartial and allow each party to offer separately relevant evidence and witnesses on an equal basis and allow each party the use of an advisor (as described above). Any final determination will be made pursuant to a “preponderance of the evidence” standard.
The Vice Presidents will provide a written determination with a brief rationale, generally within ten (10) days of the filing of a complaint. (In the event the Vice Presidents are unable to agree, the Title IX Coordinator may appoint a third Vice President to participate in the process.)
Either party may submit a written appeal within 10 days of the Vice President’s decision to the Title IX Coordinator, who will appoint a disinterested Vice President to hear the appeal. The only grounds for appeal are procedural error, newly discovered evidence not available at the time of the investigation and determination, or the inappropriateness of the penalty.
(4) Where the Complainant Is a Student and the Alleged Perpetrator is Not an Active Member of the University Community or the Complaint is Made Anonymously
These complaints will be reported to the Title IX Coordinator and will be investigated and handled by the Director of Security and Safety, in consultation with the Associate Dean for Student Life. The use and role of an advisor will be as described above.
Any investigatory process conducted will be impartial and allow each party to offer separately relevant evidence and witnesses on an equal basis and allow each party the use of an advisor (as described above) with any final determination to be made by the Vice President for Student Life, pursuant to a “preponderance of the evidence” standard. A determination, with a brief rationale, will be provided generally within 10 days of the complaint. There is no right of appeal.
- Discrimination Against Students Other Than Sexual Misconduct
A student who believes s/he has been the victim of discrimination other than Sexual Misconduct may report it to any of the Responsible Administrators noted above or may speak to her/his academic advisor, chairperson of the Department, any staff member in student life, particularly residential learning, or counseling for guidance on how to proceed.
Complaints of such discrimination will be investigated in the same general manner as outlined above for Sexual Misconduct complaints made by a student except that where the alleged perpetrator is a student and the matter involves discriminatory harassment, referral may be made to the DHHB, rather than the SHB, and in other cases of discrimination, a final decision may be made by the Dean of Student Life. In these types of cases, any advisor must be an active member of the University community and their role is as described above.
- Discrimination Against Employee Member of the Community
A member of the University community who is not a student (e.g., who is an employee) and who believes that s/he is experiencing or has experienced discrimination, including discriminatory harassment and/or Sexual Misconduct, may contact any of the Responsible Administrators listed above, although the employee is urged to report to the Director of Human Resources for Employee Relations, the Vice President with supervision of the area of the person charged, or the Vice President for Community and Employee Relations.
If the alleged perpetrator is a student, the above procedure and processes for students will apply. In all other cases, once a complaint has reported, it will be promptly investigated by the Director of Security and Safety and/or one or more Deputy Title IX Coordinators. (In cases involving discriminatory harassment, the Title IX Coordinator may instead refer the matter to the DHHB for processing. The procedures for investigations and hearings before the DHHB can be found at http://www.stlawu.edu/human-resources/discriminatory-harassment-hearing-board-dhhb-procedures.) A written report of the investigation will be provided to the Vice President with oversight of the area in which the charged party works and a Vice President from another area, as designated by the Title IX Coordinator.
The investigatory process will be impartial and allow each party to separately offer relevant evidence and witnesses on an equal basis and allow each party the use of an advisor (on the same basis as set out in the Sexual Misconduct policy). Any final determination will be based on a “preponderance of the evidence” standard. In such cases, the Vice Presidents will provide a written determination, with a brief rationale, to each party, generally within 10 days of the filing of the complaint. (In the event the Vice Presidents are unable to agree, the Title IX Coordinator will appoint a third Vice President to participate in the process.)
Either party may submit a written appeal within 10 days of that decision to the Title IX Coordinator who will appoint a disinterested Vice President to hear the appeal. The only grounds for appeal are procedural error, newly discovered evidence not reasonably available at the time of the investigation and decision, or the inappropriateness of any penalty.
In cases of Sexual Misconduct, or other appropriate instances, interim relief may be provided, as explained above.
- Discrimination Against Non-Member of the Community
When a non-member of the University Community believes she or he is experiencing or has experienced discrimination, including discriminatory harassment and/or Sexual Misconduct, she or he should report concerns to the Director of Security and Safety or the Vice President for Community and Employee Relations. The Director of Security and Safety and/or one or more Deputy Title IX Coordinators will conduct an investigation. The findings of that investigation will be presented to a Vice President selected by the Title IX Coordinator for a final determination, or she or he may refer the matter to another appropriate person or body (including the Special Hearing Board, the Discriminatory Harassment Hearing Board or police). In either instance, there is no right of appeal.
Vice President for Community and Employee Relations Lisa Cania,
Vilas 114, 229-5656, email@example.com
Director of Security and Safety Patrick Gagnon
Torrey Health Center, 229-5555, firstname.lastname@example.org
- Discrimination Against Multiple Complainants/Respondents/Claims
In cases where there are multiple complainants and/or multiple respondents, the University reserves the right to handle the cases individually or jointly. Further, in cases where there are allegations of a violation of this Policy and collateral allegations of other policy violations (e.g., an allegation of a non-consensual sexual contact and minor property damage), the University reserves the right to have allegation(s) of violations of this Policy and the collateral allegation(s) investigated and adjudicated pursuant to this Policy. In cases where the individual has more than one status with the University (such as a student who is also employed with the University, or any employee who takes courses at the University), the University will determine in its discretion which status is primary; in such a situation, sanctions imposed may include both sanctions related to each status.
A student found to have engaged in Discrimination, including Sexual Misconduct, is subject to a range of sanctions depending on the circumstances of each case. Those sanctions can be found at http://www.stlawu.edu/resource/student-handbook
Any University employee found to have engaged in Discrimination, including Sexual Misconduct, is subject to a range of discipline depending on the circumstances of each case. That discipline can include termination.
It is a violation of University policy to retaliate against any person making a report of Sexual Misconduct or against any person cooperating in the investigation of (including testifying as a witness to) any allegation of Sexual Misconduct. The University will not only take steps to prevent retaliation but will take strong responsive action if retaliation occurs and anyone engaging in retaliation is subject to disciplinary action, up to and including expulsion/termination. Retaliation includes intimidation, threats, or harassment against any such reporting party or third party. Retaliation should be reported promptly to any Responsible Administrator and may result in disciplinary action independent of the sanction or interim measures imposed in response to the underlying allegations of sexual misconduct.
Records generated in connection with reports, investigations and resolutions are maintained in confidential files maintained by an appropriate office, which may be the Title IX Coordinator, the Dean of Student Life, Human Resources, and/or the Registrar (for records concerning disciplinary outcomes), and only those with a right and need to know are permitted access.
Responsible Administrators, persons assigned as investigators and individuals determining violations of this policy will receive annual training on relevant topics, including discrimination, harassment, sexual misconduct, stalking, domestic violence and dating violence and how to conduct investigations and disciplinary proceedings that protect the safety and respectful treatment of all parties and promote accountability to the University community.
- Academic Freedom
St. Lawrence University is an academic institution at which academic freedom is necessary and valued. The University will not construe this policy to prevent or penalize a statement, opinion, theory, or idea offered within the bounds of legitimate, relevant, and responsible teaching, learning, working, or discussion.
- Clery Act Compliance
The University 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 University will issue a timely warning to the campus. In such circumstances, the name of the alleged perpetrator may be disclosed to the community, but the name of the victim/complainant will not be disclosed.
- Coordination with Other Policies
A particular situation may potentially invoke one or more University policies or processes. The University reserves the right to determine the most applicable policy or process and to utilize that policy or process.
This Policy does not apply to decisions relating to requests for reasonable accommodation due to a disability. Academic disability accommodations are handled by the Disability Services office and pursuant to that office’s policies. Work-related disability accommodations are handled by the Human Resources Office and pursuant to that office’s policies.
- Designation of Authority and University Counsel
Any University administrator or official whom this policy empowers to act may delegate his/her authority to any other appropriate University official. Delegation of authority may be necessary to avoid conflicts of interest or where time constraints or other obligations prevent a University official named in this policy from fulfilling his/her designated role.
Any University administrator or official functioning under this policy may seek the advice of the University’s legal counsel.
- Policy Compliance
Any person with a concern about the University’s handling of a particular matter should contact Vice President for Community and Employee Relations Lisa Cania, 229-5656, Vilas 114, email@example.com.
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, (800) 421-3481.