Nondiscrimination, Discriminatory Harassment & Sexual and Interpersonal Misconduct Policies
Table of Contents
Section 1 Discrimination Based on Gender
A. Sexual Misconduct Policy
Non-consenual Sexual Conduct
B. Affirmative Consent
C. Examples of Non-Consenual Sexual Activity
D. Dating and Relationship Violence
E. Domestic Violence
Section 2: Discrimination Based on Identity Other than Gender
Section 3: Retailiation
Section 4: Recordkeeping
Section 5: Training
Section 6: Academic Freedom
Section 7: Clery Act Compliance
Section 8: Coordination with Other Policies
Section 10: Interpretation/Other Issues
Section 11: Policy Compliance
1. Nondiscrimination Policy
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 unlawful 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, traits historically associated with 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 firstname.lastname@example.org.
2. Discriminatory Harassment 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 unlawful 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 discriminatory 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 a protected characteristic. If it did not, the behavior is not regulated by this Policy. The University reserves the right to respond to, including to discipline, otherwise inappropriate conduct regardless of whether it violates any applicable legal standard.
Students and employees are strongly encouraged to report instances of discrimination and discriminatory harassment, as well as sexual and interpersonal misconduct (as defined below) 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 also 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.
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.
A. Sexual and Interpersonal Misconduct (Sexual 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, the Violence Against Women Act, and New York Education Law Section 129-B, this Policy specifically prohibits sexual and certain other types of interpersonal misconduct (i.e., sexual harassment and non-consensual sexual conduct, 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”). The University will advise complainants of their Title IX and analogous state law rights, and will take steps to prevent Sexual Misconduct and to correct its discriminatory effects, as appropriate, including when it learns of Sexual Misconduct even in the absence of a formal complaint. This Policy applies to all University students, faculty and staff, and specifically applies regardless of one’s race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction.
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.
Harassment, as defined above, based on one’s gender, gender identity, gender expression or sexual orientation.
The University expects that any sexual activity (including sexual contact) will be based on mutual, affirmative consent to the specific sexual activity. Sexual activity in the absence of affirmative consent (i.e., “non-consensual sexual activity”) is prohibited. Sexual relationships between students and employees are strongly discouraged.
B. Affirmative Consent
New York State law provides, and the University adopts, the following definition of 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 a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
In considering whether an individual is incapacitated due to drug or alcohol use, the University 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.
C. Examples of Non-Consensual Sexual Activity
Any non-consensual sexual activity violates this Policy. Non-consensual sexual activity includes 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 affirmative consent.
Examples of non-consensual sexual activity include:
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 affirmative consent of the victim.
Other Sex Offenses:
Any sexual act directed against another person, without the affirmative consent of the victim, including instances where the victim is incapable of giving consent.
A. Fondling--The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
B. Incest--Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
C. Statutory Rape--Sexual intercourse with a person who is under the statutory age of consent.
Non-consensual sexual activity also includes sexual exploitations, which occurs when, without affirmative consent, one takes sexual advantage of another. Examples of sexual exploitation include (but are not limited to) observing, photographing, or recording others engaged in sexual or private activity (such as undressing or showering) without the affirmative consent of all involved; or taking intimate pictures of another but then distributing the pictures to others without the photographed person’s affirmative consent; or exposing one’s genitals in non-consensual circumstances.
D. Dating/Relationship Violence
Dating Violence --Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
For purposes of this Policy, verbal and/or emotional abuse will also be considered by the University to violate this Policy.
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.
E. Domestic Violence
A felony or misdemeanor crime of violence committed—
(A) By a current or former spouse or intimate partner of the victim;
(B) By a person with whom the victim shares a child in common;
(C) By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
(E) 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 in which the crime of violence occurred.
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
(A) Fear for the person’s safety or the safety of others; or
(B) Suffer substantial emotional distress.
(ii) For the purposes of this definition—
Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
For purposes of this Policy, harm to physical, mental, or emotional health, 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 could, in the appropriate circumstances, give rise to substantial emotional distress.
- Sexual Misconduct
Any University community member who has been the subject of Sexual Misconduct has the right to make a report to Campus Safety or the other Responsible Administrators identified below, local law enforcement, and/or the New York State Police, or to choose not to report. If reported to the University under this Policy, a reporting individual will be protected from retaliation and will receive appropriate assistance and resources from the University.
The University encourages reporting of Sexual Misconduct.
If you have been subjected to Sexual Misconduct, you should seek immediate help.
1. On Campus Confidential/Private Resources (Students)
Health and Counseling Center
If you are a student, you may contact the University’s Health and Counseling Center. Discussions with the Center’s Counselors are treated confidentially (pursuant to the Health and Counseling Center's confidentiality protocols).
St. Lawrence University Health and Counseling Center
The Health and Counseling Center can provide assistance and information regarding medical assistance and treatment (including information about sexually transmitted infections, sexual assault forensic examinations, and emergency birth control), resources available through the New York State Office of Victim Services, academic and other campus support options, campus disciplinary proceedings and law enforcement options.
If unsure of where to go, contact the Health and Counseling Center.
You may also contact a student peer Advocate (an Advocate is a member of a volunteer student group who serves as support for student victims of Sexual Misconduct. Advocates are not University officials and serve only as a peer group resource to students. Discussions with Advocates are not entitled to the same degree of confidentiality under the law as Health and Counseling discussions, but they are nonetheless treated as private under University policy.
Advocates Program website at www.stlawu.edu/advocates
Sexual Violence Advocates Hotline: 315- 244-5466
Names and contact numbers for individual Advocates are generally 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.
Reports of Sexual Misconduct made to either the Health and Counseling Center or to an Advocate will NOT be reported to other University officials in any personally identifiable manner (reports made to some of 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. Similarly, information shared at public awareness and advocacy events does not create an obligation on the part of the University to investigate that information and/or take further action.
Off Campus Confidential/Private Resources
Confidential reports of Sexual Misconduct can be made by students and employees to off- campus resources, including
Renewal House for Victims of Family Violence (For Students/Staff)
3 Chapel Street
Reachout of St. Lawrence County (For Students/Staff)
Employee Assistance Program (For Staff)
In addition, certain support services may be available on a private basis through:
New York State Office of Victim Services
Reports to these Confidential/Private Resources will not result in personally identifiable 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.
2. On-Campus Non-Confidential (Official) Resources - Responsible Administrators
Any student or employee having a complaint of 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 of Community and Employee Relations and Title IX Coordinator Lisa Cania, Vilas 114, 229-5656, email@example.com
Vice President and Dean of Student Life Hagi Bradley 229-5311, Sullivan Student Center Room 234, ebradley@stlawu,edu
Associate Dean of Student Life Rance Davis, 229-5551, Sullivan Student Center, firstname.lastname@example.org
Vice President and Dean of Academic Affairs Karl Schonberg, 229-5993, Vilas 103, email@example.com
Associate Dean of Faculty Affairs Evelyn Jennings 229-5993, Vilas 103, 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 Debra Mousaw, 229-5597, Vilas G1, firstname.lastname@example.org
Athletic Director and Deputy Title IX Coordinator Bob Durocher Augsbury Center 219, 229-5870, email@example.com
Assistant Vice President of Security & Safety and Deputy Title IX Coordinator Patrick Gagnon, 229-5555, Torrey Health Center, 76 Park Street, rear entrance, firstname.lastname@example.org
Assistant Director of Security and Safety Roxanne Cliff, 229-5555, Torrey Health Center, 76 Park Street, rear entrance, email@example.com
All Security Officers, 229-5555, Torrey Health Center, 76 Park Street, rear entrance, (Available 24 hours/day)
Director of Residence Life Christopher Marquart, 229-5250, Sullivan Student Center 231, firstname.lastname@example.org
Director of Student Activities and Deputy Title IX Coordinator John Robert O’Connor, 229-5757, Sullivan Student Center 225, email@example.com
Reports may be made by the complainant, someone on behalf of the complainant, or anonymously.
If a Responsible Administrator receives a report of Sexual Misconduct, observes Sexual Misconduct firsthand, or learns about it in any other way, 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, you should consider the Responsible Administrator’s reporting obligation. You should also consider that Title IX prohibits retaliation for reporting and that the University will not only take steps to prevent retaliation but will take strong responsive action if retaliation occurs. If you wish to ensure maximum confidentiality, you should not report to any of the Responsible Administrators listed in this section but should instead speak to the Confidential Resources identified above. You can also choose to go to local law enforcement, whether or not you report to a Confidential Resource and/or a Responsible Administrator.
While all employees are strongly encouraged to report incidents of Sexual Misconduct that come to their attention, and certain employees may be required to report them, 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 by the University. For this purpose, Faculty generally are not Responsible Administrators and you should not assume that information brought to the attention of a Faculty member will be reported to the University. On the other hand, unless a report is made to a Confidential Resource, you have less assurance of confidentiality.
However, even if reporting to a Responsible Administrator listed in this section, you have the right to request that the University maintain this report as confidential (to the extent permitted by law) 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, even without the consent or cooperation of the reporting individual. 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 Misconduct 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 incident represents an escalation of past misconduct by the accused;
- whether the alleged perpetrator threatened further sexual violence or other violence against the victim or others;
- whether the Sexual Misconduct was committed by multiple perpetrators;
- whether the Sexual Misconduct was perpetrated with a weapon or force;
- whether the victim is a minor;
- whether the University possesses other means to obtain relevant evidence of the Sexual Misconduct (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 reporting individual).
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, nonetheless maintain information as private and only share information as needed so that the University may respond and act under this Policy.
If the University honors a request for confidentiality, it does not prevent the reporting individual from receiving interim relief and other assistance, but the reporting individual must understand that the University’s ability to meaningfully investigate the incident and pursue disciplinary action against any alleged perpetrator or to provide remedial assistance, may be limited or otherwise impacted.
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.
Even when legal confidentiality is not available, Responsible Administrators and other University officials acting under this Policy will maintain privacy to the greatest extent possible. Information provided to a non-confidential/private employee will be relayed only as necessary for the Title IX Coordinator, and those acting under this Policy, to carry out the purposes of this Policy.
A victim of a crime, including a crime arising from Sexual Misconduct under this Policy, will be notified that the victim may, 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
315-386-4561 or 911
New York State Police Hotline
The Responsible Administrators listed above can provide assistance to you in reporting to law enforcement.
Reporting individuals should understand that not all Sexual Misconduct under this Policy may be a crime and that the standard law enforcement employs in processing complaints is different than the University’s standard under this Policy. Questions about whether incidents violate criminal laws and how the criminal process works should be directed to law enforcement officials or the St. Lawrence County (or other relevant) District Attorney.
I. Interim Measures
In appropriate cases, interim relief may be available for either party to a complaint while an investigation and/or review is pending. 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. This relief can be secured through the Associate Dean of Student Life, Associate Dean for Faculty Life, or the Director of Human Resources, as appropriate.
When as a result of a Sexual Misconduct complaint a no-contact order is issued against an individual and that individual and the person protected by the no-contact order observe each other in a public place, unless otherwise provided in the order, it is the responsibility of that individual subject to the no-contact order to leave the area immediately and without directly contacting the person protected.
When a no-contact order is issued, both the person against whom it is issued and the person seeking the no-contact order, will, upon request, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of the no-contact order, including potential modification. This request may be made by submitting a written request to the Title IX Coordinator, providing the basis for the request and submitting any evidence in support of the request.
Continued intentional contact in violation of a no-contact order is grounds for additional misconduct charges.
Upon request, an individual may also seek a prompt review of the need for and terms of any other interim measure and accommodation that directly affects him or her, by submitting a written request for review to the Title IX Coordinator, providing the basis for that request and any evidence in support.
When a student accused of Sexual Misconduct is determined to present a continuing threat to the health and safety of the campus community, he or she is subject to interim suspension pending the outcome of any proceedings under this Policy. Both that student as well as the subject of any such Misconduct will, upon written request, be afforded an opportunity for a review of the need for and terms of an interim suspension, including potential modification, by submitting a written request to the Title IX Coordinator, providing the basis for that request and any evidence in support.
When the accused is not a student but is a member of the University community, he or she is subject to interim suspension in accordance with the University’s employment policies and practices (including applicable collective bargaining agreements).
J. Amnesty for Students
The health and safety of every student at St. Lawrence is of utmost importance. St. Lawrence 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. St. Lawrence strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to St. Lawrence 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 St. Lawrence's officials or law enforcement will not be subject to charges for violating St. Lawrence's student 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.
K. Orders of Protection
Campus Safety, or other University officials, will provide reasonable assistance to a University 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 University and providing that person with an opportunity to meet or speak with a University 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;
iii. assistance from Campus Safety in contacting local law enforcement to effect an arrest for violating such an order.
L. University Sexual Misconduct Complaint Procedures
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 fair, prompt and impartial investigation will be undertaken by the University.
Complaints should be reported as soon as possible. In most cases, a complaint will be considered timely if it has been filed within one year of the alleged misconduct or the cessation of the alleged misconduct, whichever is later. As determined by the Title IX Coordinator, a complaint may be investigated and/or referred to the Sexual Misconduct, Domestic Violence, Dating Violence, and Stalking Review Board (RB), or otherwise responded to, beyond the one year period (including a complaint filed after a student has separated from the University but which involves conduct occurring while an active student).
Investigatory and resolution procedures that will be followed in the event of a complaint can be found here: https://www.stlawu.edu/title-ix/investigation-and-adjudication-procedures
A student’s Bill of Rights and an additional statement of Rights in Cases Involving Sexual Assault, Domestic Violence, Dating Violence or Stalking are attached to this Policy as Appendix A.
M. Transcript Notation for Certain Offenses – Transcript Notation Process. As required by New York law, all colleges and universities in New York are required to denote certain conduct outcomes on academic transcripts of students found in to have engaged in conduct that constitutes crimes of violence (including but not limited to sexual assault) as defined in the Clery Act. Required transcript notations, as appropriate to the circumstances, are:
· “Expelled after a finding of responsibility for a code of conduct violation”
· “Suspended after a finding of responsibility for a code of conduct violation”
· “Withdrew with conduct charges pending”
Suspension and expulsion transcript notations are applied at the conclusion of the conduct proceedings and appeals processes. If a student withdraws with charges pending, but conduct proceedings are nonetheless completed, any final transcript notation will be based on the outcome of those proceedings. (Pending completion of those proceedings, the transcript will carry the above withdrawal notation.)
Transcript notations for a student suspended are required by law to remain on the transcript for a period of at least one year following completion of the suspension. By University policy, a withdrawal notation will remain on a transcript for at least one year following the withdrawal. (By law, expulsion notations are not subject to removal.) Subject to these minimum periods, a student may request to have a suspension/withdrawal transcript notation removed by submitting a petition in writing to the Title IX Coordinator, who will share the request with the Deans of Academic Affairs and Student Life. The Deans will make all decisions about notation removal.
A petition will not be considered if filed before the expiration of the minimum one year periods noted above.
The petition shall include:
· A statement describing the incident and what was learned over the time away from the institution; and
· The rationale for removal of the notation;
· Documentation of successful completion of any terms imposed in the underlying conduct proceeding (e.g., completion of required or recommended in/out patient program, therapy or educational programming, etc.)
Petitions will be reviewed and a decision will be provided by the Deans in writing, generally within thirty days of submission. The Deans and/or the Title IX Coordinator may request additional information from the student. Decisions regarding the removal of transcript notations are within the discretion of the Deans.
If the Deans decide against removing a notation, the student may submit subsequent petitions seeking removal every five years since the Deans’ initial determination. These petitions will be made with the same process as the first petition and include updated information about the student’s experience since the earlier petition(s).
Note on Withdrawal Prior to Conduct Case Adjudication
A student who withdraws from the institution prior to an outcome of a pending conduct case should understand that the investigation and proceeding may continue , with or without their participation. Withdrawal from the institution will not protect a student from completion of disciplinary processes and possible sanctions. The final transcript notation, if any, will be based upon the final outcome of any proceeding.
Discrimination Other Than Sexual Misconduct (discrimination based on protected identity other than gender)
A. Student Complaints
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 residence life, or counseling for guidance on how to proceed.
Complaints of such discrimination will be investigated in the same general manner (including timeframes) as 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 Discriminatory Harassment Hearing Board, and in all other cases, a final decision may be made by the Vice President and Dean of Student Life. In these types of cases, any advisor must be a non-lawyer active member of the University community and their role is as described in the Sexual Misconduct procedures.
B. Complaints By Other Members of the University Community
A member of the University community who is not a student (i.e., who is an employee) and who believes that s/he is experiencing or has experienced discrimination other than 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 procedure and processes for students will apply.
If the alleged perpetrator is a non-student member of the University Community, these procedures will apply: https://www.stlawu.edu/title-ix/investigation-and-adjudication-procedures
If the alleged perpetrator is not an active member of the University community, the matter will be investigated and handled by the Assistant Vice President of Safety & Security.
When a non-member of the University community believes s/he is experiencing or has experienced discrimination other than Sexual Misconduct, the investigatory and resolution procedures to be followed in the event of a complaint can be found here: https://www.stlawu.edu/title-ix/investigation-and-adjudication-procedures
It is a violation of University Policy to retaliate against any person making a report of Sexual Misconduct or other Discrimination or against any person cooperating in the investigation of (including testifying as a witness to) any allegation of Sexual Misconduct (or other Discrimination). 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 (what action can be taken may depend upon whether the individual engaging in retaliatory conduct is within the jurisdiction of the University). Retaliation includes intimidation, threats, or harassment against any such reporting party or third party. While parties are permitted to discuss their case for the purposes of pursuing or defending a charge, seeking support or working with an advisor, parties should also understand that unnecessary discussions of a charge could be perceived as retaliation. For example, this does not allow individuals to unreasonably share private information in a manner intended to harm or embarrass another individual, or in a manner that would recklessly do so regardless of intention. Such sharing may be retaliation which can result in separate charges. 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 (or other Discrimination).
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 Vice President and 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 assault, stalking, domestic violence and dating violence and how to conduct 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 University’s disciplinary proceedings, protecting the safety of the community, and respectful treatment of all parties.
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 request that the Title IX Coordinator delegate that authority to another appropriate University official, or the Title IX Coordinator in his or her own discretion may delegate that administrator’s or official’s authority to act to another appropriate person. 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 involved in implementing this Policy may seek the advice of the University’s legal counsel, to be coordinated through the Title IX Coordinator.
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 concern about the University’s handling of a particular matter should contact Vice President for Community and Employee Relations Lisa Cania, 315-229-5656, Vilas 114, firstname.lastname@example.org.
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.
Updated to comply with New York State Law August 3, 2015
 The University reserves the right to adapt or modify any of the specific procedures provided herein to deal with the unique circumstances presented by the University’s various off-campus programs, including specifically its overseas programs.
STUDENTS’ BILL OF RIGHTS
IN CASES INVOLVING SEXUAL ASSAULT,
DOMESTIC/DATING VIOLENCE AND STALKING
Pursuant to New York Law, all students have the right to:
- Make a report to local law enforcement and/or state Police;
- Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
- Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
- Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
- Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
- Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
- Access to at least one level of appeal of a determination;
- Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.
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:
- Notify Campus Safety, Local Law Enforcement or the New York State Police.
- 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:
- 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 University; to be protected by the University from retaliation for reporting an incident; and to receive assistance and resources from the University, as set out in the St. Lawrence University Discrimination and Harassment Policy, which can be found at https://www.stlawu.edu/title-ix .
- where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible;
- that the criminal justice process utilizes different standards of proof and evidence than the University’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;
- whether the person they are reporting to is authorized to offer the confidentiality or privacy; and
- Any other reporting options.
- If they are a student, to contact the University’s Health and Counseling Center, where they may be offered confidential resources pursuant to applicable laws/University policies and can be assisted in obtaining services for reporting individuals; or to contact non-University confidential resources, including:
- Canton-Potsdam Hospital
- Renewal House for Victims of Family Violence
- Canton-Potsdam Hospital
3 Chapel Street
- Reachout of St. Lawrence County
- Employee Assistance Program (For Staff)
- New York State Office of Victim Services
- Disclose confidentially the incident and obtain services from the state or local government;
- Disclose the incident to the University’s Responsible Administrators who can offer privacy or, appropriate cases determined by the Title IX Coordinator, confidentiality, subject the University’s Discrimination and Harassment Policy (which can be found at https://www.stlawu.edu/title-ix), and can assist in obtaining resources for reporting individuals;
- File a report of sexual assault, domestic violence, dating violence, and/or stalking and consult the Title IX Coordinator and other appropriate University personnel for information and assistance. Reports shall be investigated in accordance with University 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 University’s obligations under the law and its Discrimination and Harassment Policy and related Procedures;
- Disclose, if the accused is a University employee of the institution, the incident to Human Resources or to request that a private employee assist in reporting to Human Resources; and
- Receive assistance from appropriate University 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., Renewal House), who can provide direct assistance with court proceedings.
- Withdraw a complaint or involvement from the University processes at any time, with the understanding that in appropriate cases, the University 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 https://www.stlawu.edu/title-ix). In addition, information on sexually transmitted infections and sexual assault forensic examinations can be obtained from the Health and Counseling Center, if a student, or from Canton-Potsdam Hospital or Planned Parenthood, if an employee. Certain resources are also available to victims of crimes through the New York State Office of Victim Services, https://ovs.ny.gov/
NEW YORK STATE WORKPLACE SEXUAL HARASSMENT POLICY ADDENDUM
Oct. 9, 2018 and October 11, 2019
In compliance with New York State law, St. Lawrence University provides for the following notifications concerning workplace sexual harassment in this Workplace Sexual Harassment Policy Addendum. The following Workplace Sexual Harassment Policy Addendum does not replace -- and is instead in addition to -- the University’s Sexual Misconduct Policy (which is set forth in the Combined Discrimination and Harassment Policies and can be accessed on the University’s website at the following link: https://www.stlawu.edu/human-resources/combined-discrimination-and-haras...). This Workplace Sexual Harassment Policy Addendum applies only to alleged sexual harassment in the workplace where the recipients of the unwelcome conduct are employees, vendors, or contractors and the New York Human Rights Law employment workplace sexual harassment statutory provisions apply.
Sexual harassment is a form of sex discrimination and is unlawful under state and federal law. Sexual harassment is prohibited under the University’s Sexual Misconduct Policy, and the procedures for reporting, investigating and adjudicating complaints of sexual harassment are contained in the Sexual Misconduct Policy and the policy’s Investigation and Adjudication Procedures, which can be accessed on the University’s website at the following link: https://www.stlawu.edu/title-ix/resource/procedures-under-nondiscriminat...).
This Workplace Sexual Harassment Policy Addendum addressing sexual harassment applies to all employees, including students employed by the University to the extent the allegations pertain to workplace sexual harassment. It also applies to individuals who are not employees of the University but are employees of contractors, subcontractors, vendors, consultants, and other persons who provide services in the University’s workplace, such as interns and temporary employees.
Sexual harassment is a form of employee misconduct. Sexual harassment is defined in the University’s Sexual Misconduct Policy and includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender. For purposes of workplace sexual harassment, a sexually harassing hostile work environment can consist of threats, derogatory comments, signs, jokes, pranks, intimidation, physical contact, violence, or other conduct which is of a sexual nature, or which is directed at an individual because of that individual’s sex.Effective October 2019, conduct that does not rise above the level of what a reasonable person would consider petty slights or trivial inconveniences will not be deemed harassment for New York employment law purposes but may still be addressed under University policy. Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment. The following is a list of some of the types of acts that may constitute workplace sexual harassment:
- Physical acts of a sexual nature, such as: Touching, pinching, patting, kissing, hugging, grabbing, brushing against another employee’s body or poking another employees’ body; or rape, sexual battery, molestation or attempts to commit these assaults.
- Unwanted sexual advances or propositions.
- Sexually-oriented gestures, noises, remarks, jokes, or comments about a person’s sexuality or sexual experience.
- Written conduct such as authoring threatening, derogatory or offensive letters, e-mails, text messages, or social media posts.
- Sexual or discriminatory displays or publications anywhere in the workplace, such as: displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes sexual displays on workplace computers or cell phones in the workplace.
- Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.
- Hostile actions taken against an individual because of that individual’s sex, sexual orientation, self-identified or perceived sex, gender identity, gender expression or the status of being transgender.
A University employee who is experiencing sexual harassment or suspects that another employee is being harassed may contact his/her supervisor or department head or a Responsible Administrator, listed in the Sexual Misconduct Policy. A University supervisor or manager who receives a complaint or information about workplace sexual harassment is required to take appropriate action. Appropriate action may include immediately intervening if harassment is witnessed by the supervisor or manager, and in all instances includes reporting the situation to the Title IX Coordinator. In addition to being subject to discipline if they themselves engage in sex discrimination, sexually harassing conduct, or retaliation, persons with supervisory authority over other University employees will be subject to discipline for knowingly allowing sexual harassment to continue. A reporting form is provided as https://stlawu.qualtrics.com/jfe/form/SV_cRTGOwC9GWu7i8l that employees may use, if they wish, to submit a report of workplace sexual harassment.
In a case where the complainant and respondent are employees, the University consider carefully whether it can agree to a request not to proceed with an investigation or other responsive action. In all cases, the University reserves the right to take action to correct -- including to discipline -- behaviors that violate the University’s professional conduct expectations even if the conduct does not violate the law. Therefore, not all situations that violate University policy will constitute a violation of the law or allow for a legal remedy. The following agencies enforce laws prohibiting sexual harassment. An individual who has experienced harassment may file a complaint with the University only or also may file a complaint with an enforcement agency.
The New York State Division of Human Rights (DHR) enforces the Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., which prohibits sexual harassment in employment in New York State, and protects employees, and other individuals working in an employer’s workplace. A complaint alleging a violation of the Human Rights Law may be filed either with DHR, subject to a one year statute of limitations, or in New York State Supreme Court, subject to a three year statute of limitations. Complaining internally to the University does not extend the time to file with DHR or in court. An individual does not need an attorney to file a complaint with DHR and there is no cost to file with DHR. The DHR will investigate the complaint to determine if unlawful harassment occurred and if the circumstances amount to a violation of the law. If unlawful discrimination is found after a hearing, the DHR or the court may award relief, which varies, but may include requiring the employer to take action to stop the harassment, or redress the damage caused, including reversing an unlawful employment action, paying monetary damages, attorneys’ fees and civil fines. DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458, (718) 741-8400 www.dhr.ny.gov. The DHR can be contacted at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form and contact information for DHR’s regional offices across New York State.
The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An employee must file a complaint with the EEOC within 300 days from the conduct giving rise to the complaint. There is no cost to file a complaint with the EEOC. The EEOC also investigates complaints, but does not hold hearings or award relief. The EEOC may take other action including pursuing cases in federal court on behalf of complaining parties, or issuing a Right to Sue Letter that allows an individual to pursue his/her claims in federal court. Federal courts may award remedies if discrimination is found to have occurred. The EEOC can be contacted by calling 1-800-669-4000 (1-800-669-6820 (TTY)), or visiting their website at www.eeoc.gov or via email at email@example.com If an individual files an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the individual’s right to proceed in federal court.
There may be additional applicable laws, including local laws, or agencies that address the topics covered by this policy. If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. An employee who believes that a crime has been committed, or if the employee believes he/she is in physical danger, is urged to file a report with the local police department immediately.
Individuals are reminded that no one who in good-faith makes a complaint of sexual harassment or participates in an investigation of sexual harassment -- whether an internal University process or an external enforcement agency process -- may be retaliated against. Retaliation is against University policy and it is against the law.
As noted above, this Workplace Sexual Harassment Policy Addendum supplements the Sexual Misconduct Policy (which is set forth in the Combined Discrimination and Harassment Policies). Among other applicable provisions, the provisions in the Combined Discrimination and Harassment Policies concerning Coordination with Other Policies, Designation of Authority and University Counsel, and Interpretation/Other Issues specifically will apply when reconciling any issues that may arise when both this Workplace Sexual Harassment Policy Addendum and the Sexual Misconduct Policy are applicable.
Updated pursuant to New York State "Enough is Enough" legislation and subsequent guidance from New York State Department of Education, Department of Human Rights or Department of Labor. This Policy may be amended by the University at any time. Unless otherwise provided in the amendment, amendments to this Policy will become effective upon approval.