Combined Discrimination and Harassment Policy (Effective August 14, 2020)

For concerns about harassment (including without limitation sexual harassment), sexual exploitation, sexual assault, dating violence, domestic violence, and stalking based on gender, sexual orientation, gender identity and gender expression, please see section II.A. 

For concerns about discrimination based on gender, sexual orientation, gender identity or gender expression or discrimination or harassment based on any other category protected by law, regulation or policy (such as race, color, predisposing genetic characteristics, religion, age, disability, marital status, veteran’s status, or national or ethnic origin)  please see section II.B.

Table of Contents 

I.          Nondiscrimination Policy

II.         Discriminatory Harassment Policy

            A. Sexual and Interpersonal Misconduct (Sexual Misconduct) Policy

                        1. Definitions
                            Affirmative Consent
                            Sexual Misconduct
                            Complainant
                            Respondent
                            Title IX Category Conduct Violations
                                    Sexual Harassment
                                    Sexual Assault 
                                    Dating Violence
                                    Domestic Violence
                                    Stalking                                   
                            University Category Conduct Violations
                                    Sexual Harassment
                                    Sexual Exploitation
                                    Sexual Assault
                                    Dating Violence
                                    Domestic Violence
                                    Stalking
                                    Retaliation    
                        2. Reporting Sexual Misconduct/Resources
                                    On-Campus Confidential (for students)
                                    Off-Campus Confidential (for all)
                                    On-Campus Responsible Resources (for all)
                                    Law Enforcement
                        3.  Supportive Measures
                        4.  Amnesty for Students
                        5.  Orders of Protection
                        6.  Sexual Misconduct Complaint Procedures
                        7.  Informal Resolution
                        8.  Transcript Notation

            B. Discrimination other than Sexual Misconduct      

                       1. Student Complaints
                       2. Complaints by Other Members of the University Community (Employees)
                       3. Complaints by Non-Members of the Community

            C. Retaliation

            D. Recordkeeping

            E. Training

            F. Academic Freedom

            G. Clery Act

            H. Coordination with Other Policies

            I. Delegation of Authority and University Counsel

            J. Interpretation/Other Issues

            K. Policy Compliance

             Appendix A:  Student Bill of Rights

             Appendix B:  Addendum Related to Protection of Minors

             Appendix C:  New York State Workplace Sexual Harassment Policy Addendum

Nondiscrimination, Discriminatory Harassment & Sexual and Interpersonal Misconduct Policies

I.  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 complies with to all applicable federal and state legislation and regulations prohibiting discrimination (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), 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, pregnancy, gender, gender identity or expression, religion, age, disability, marital status, veteran or military status, sexual orientation, or national or ethnic origin, domestic violence victim status or any other category protected by applicable local, state, or federal 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. .

The term “discrimination” refers to an act that disadvantages a person and that occurs because of that affected individual’s race, gender, religion, national origin or any other category protected by applicable local, state, or federal law. Examples of discrimination include, but are not limited to, denying a student a research opportunity because of the student’s race, gender or other protected characteristic; giving a student a lower grade than deserved because of the student’s race, gender or other protected characteristic; denying an employee a raise or a promotion because of the employee’s age, race, gender or other protected characteristic.

St. Lawrence University is an Affirmative Action/Equal Opportunity Employer. For further information contact St. Lawrence University's Title IX Coordinator/ Sexual Wellness Educator, Lindsey Cohen , who also serves as the University’s Section 504 and Age Discrimination Act coordinator.  Her office is Student Center 302, St. Lawrence University, Canton NY 13617, 315-229-1881, and her email address is lcohen@stlawu.edu.

II.  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  discriminatory harassment, including sexual harassment. St. Lawrence University provides for the development of a climate of tolerance and pluralism and prohibits 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.

While more specific definitions are provided throughout this policy, the University generally 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. 

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  age, disability,  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 race, disability, race or age. 

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. 

Students and employees are strongly encouraged to report instances of discriminatory harassment, as well as sexual and interpersonal misconduct (as defined below) to appropriate University officials, as described below.  Employees and students will be subject to disciplinary action for violation of this Policy, up to and including termination or expulsion.

This Policy applies to all University students, faculty, staff and non-University community members.  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 (Sexual Misconduct) Policy

Pursuant Title IX, the Violence Against Women Act, and New York Education Law Section 129-B, this Policy specifically prohibits sexual harassment and certain other types of interpersonal misconduct (i.e., sexual assault, dating violence, domestic violence, stalking and sexual exploitation), 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. 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.

This policy sets forth conduct expectations for our community and provides a process for the reporting, investigation and adjudication of alleged violations.  This policy applies to alleged conduct violative of Title IX of the Education Amendments of 1972 (i.e., “Title IX Category” violations) and also applies to a broader range of contexts and behaviors inconsistent with the University’s commitment to equal opportunity (i.e., “University Category” violations).   The designation of conduct or allegations as either “Title IX Category” or “University Category” is not a function of the seriousness of the conduct or allegations but rather a function of the scope and coverage of Title IX versus the University’s broader conduct jurisdiction.

1.  Definitions

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 is free and informed permission. 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. 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 to some sexual activity (e.g., kissing, fondling) cannot be presumed consent for other sexual activity (e.g., intercourse).  Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another. Consent may be initially given but withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must stop.

Certain conditions prevent a person from being able to consent. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity.  Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent.  Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.

In considering whether an individual is incapacitated due to drug or alcohol use, the 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. 

Consent cannot be given when it is the result of coercion or force. Coercion is a threat, undue pressure, or intimidation to engage in sexual activity. Coercion is more than an effort to persuade, seduce, entice, or attract another person to engage in sexual activity.  A person’s words or conduct are sufficient to constitute coercion if they deprive another individual of the ability to freely choose whether or not to engage in sexual activity. 

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.

Sexual Misconduct

Sexual misconduct is an umbrella term used in this policy to more conveniently refer to any form of sex/gender-based harassment, sexual exploitation, sexual assault, dating violence, domestic violence, stalking, and retaliation prohibited by this policy.

Complainant

The term Complainant refers to the person who allegedly experienced Sexual Misconduct in violation of the policy.  In some cases, the Title IX Coordinator may file a formal complaint and thereby initiate an investigation and adjudication process pursuant to the University’s policy.  In that instance, the Title IX Coordinator is not the “Complainant”; the complainant remains the person who allegedly experienced the sexual misconduct.

Respondent

The term Respondent refers to the person alleged to have committed a violation of this policy.  The term “accused” may be used in this policy to refer to the Respondent prior to the time that a formal complaint has been made.

Title IX Category Conduct Violations

Title IX of the Education Amendments of 1972 provides: “No person in the United States shall, on the basis of sex, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”  In accordance with Title IX as interpreted by the Department of Education, the University recognizes the following as conduct violations within the meaning of Title IX, provided that the context and circumstances of the conduct fall within the scope of Title IX, including but not limited to that the Complainant was in the United States at the time of the alleged conduct, that the Complainant was participating in or seeking to participate in the university’s education program or activity at the time of the complaint, and that the conduct occurred in the context of the University’s education program or activity:

• Sexual Harassment. “Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:
  • An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct (commonly referred to as a “quid pro quo”);
  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that is effectively denies a person equal access to the University’s education program or activity (commonly referred to as a sexually or gender-based “hostile environment”).
• Sexual Assault.  “Sexual assault” includes any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving affirmative consent. Sexual assault consists of the following specific acts:
  • Rape—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.
  • Fondling—The touching of the private body parts (including genitalia, anus, groin, breast, inner thigh or buttocks) 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.
  • Incest—Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape—Non-forcible sexual intercourse with a person who is under the statutory age of consent. The statutory age of consent in New York is 17.
• Dating Violence. "Dating violence’’ means 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 a 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. For purposes of this Policy, 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.  
• Domestic Violence. “Domestic violence” means violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
• Stalking. Engaging in a course of conduct directed at a specific person on the basis of sex that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress. 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.  The term Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. The term Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. 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.             

University Category Conduct Violations

The University prohibits the following behavior in any context even if the conduct occurs off-campus, outside the United States, if the Complainant is not participating or seeking to participate in the University’s education program or activity, or otherwise in circumstances over which the University does not have influence or control, including but not limited to during the University’s academic breaks.  However, the University retains discretion to not respond to, investigate or adjudicate circumstances in which no University interest is implicated.

• Sexual Harassment. "Sexual harassment” means unwelcome, offensive conduct that occurs on the basis of sex, sexual orientation, self-identified or perceived sex, gender, gender expression, gender identity, gender-stereotyping or the status of being transgender, but that does not constitute sexual harassment as a Title IX Category Violation as defined above. Sexual harassment can be verbal, written, visual, electronic or physical. The fact that a person was personally offended by a statement or incident does not alone constitute a violation.  Instead, 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. A “hostile environment” is created when the offensive behavior interferes with an individual’s ability to participate in the University’s programs (i.e., to work and to learn) when judged against a reasonable person standard. However, the University encourages individuals experiencing or witnessing offensive behavior to make a report as early as possible so as to have the situation corrected before it reaches the level of a hostile environment. The University reserves the right to remedy sexual harassment pursuant to this policy even if the behavior in question does not rise to the level of legally recognized or actional harassment.  The University also prohibits “quid pro quo” sexual harassment, which means “this for that” harassment. It is a violation of this policy for any person to condition any benefit on submission to sexual activity. No person should believe that any other person – no matter their position or authority – has a right to require sexual activity in exchange for any benefit or advantage; they do not.
• Sexual Exploitation. Sexual exploitation occurs when, without affirmative consent, a person takes sexual advantage of another in a manner that does not constitute another violation under this Policy.  Examples of sexual exploitation include, but are not limited to: prostitution, acts of incest, observing or recording (whether by video, still photo or audio tape) of a sexual or other private activity (such as consensual sexual activity, undressing or showering) without the affirmative consent of all involved; taking intimate pictures of another, but then distributing the pictures to others without the photographed person’s affirmative consent; engaging in voyeurism, engaging in consensual sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) without informing the other person of such infection; or exposing one’s genitals in non-consensual circumstances.
• Sexual Assault.  For purposes of the University category conduct violation, “sexual assault” is defined in the same manner as defined above but does not constitute sexual assault as a Title IX Category Violation because of the context in which it occurs (for example because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the University’s education program or activity at the time of the complaint, or because the conduct did not occur in the context of the University’s education program or activity).
• Dating Violence.  For purposes of the University category conduct violation, “dating violence” is defined in the same manner as defined above but does not constitute dating violence as a Title IX Category Violation because of the context in which it occurs (for example because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the University’s education program or activity at the time of the complaint, or because the conduct did not occur in the context of the University’s education program or activity).
• Domestic Violence.  For purposes of the University category conduct violation, “domestic violence” is defined in the same manner as defined above but does not constitute domestic violence as a Title IX Category Violation because of the context in which it occurs (for example because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the University’s education program or activity at the time of the complaint, or because the conduct did not occur in the context of the University’s education program or activity).
• Stalking.  For purposes of the University category conduct violation, “stalking” is defined in the same manner as defined above but does not constitute stalking as a Title IX Category Violation because either it is not conducted on the basis of sex or because of the context in which it occurs (for example because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the University’s education program or activity at the time of the complaint, or because the conduct did not occur in the context of the University’s education program or activity).
• Retaliation.  Retaliation is an adverse act perpetrated to “get back” at a person because the person reported sexual misconduct, filed a complaint, or participated in an investigation or proceeding conducted pursuant to this policy. The University prohibits retaliation against any individual who files a good-faith complaint or participates in good-faith in any manner in an investigation or proceeding conducted pursuant to this policy by the University or by an external agency. An act of retaliation may be anything that would tend to discourage an individual from reporting sexual misconduct, pursuing aa formal complaint, or from participating in an investigation or adjudication as a party or a witness.  A person who acts in good-faith is protected from retaliation. The fact that a statement is not determined to be proven or established following investigation and adjudication does not mean that the statement lacked good-faith; a person may provide inaccurate information believing it is accurate, which is still good-faith.  If a person who makes a statement knowing that it is false, the person has acted without good-faith. 

2.  Reporting Sexual Misconduct

As described further below, an individual who has experienced Sexual Misconduct has several options:

• A report to a Confidential Resource.  A confidential resource provides emotional and/or medical services and maintains confidentiality.  A report to a confidential resource does not result in a University investigation or any other action to respond to the incident.
• A report to Law Enforcement. If an incident involves criminal conduct, the victim may make a complaint to law enforcement.
• A report to a Responsible Administrator.  Certain personnel at the University have the responsibility to receive reports of Sexual misconduct and to take action based on those reports.  A responsible administrator will forward the information about the incident to the Title IX Coordinator.  The Title IX Coordinator will discuss options with the reporting person.  The Title IX Coordinator can facilitate the following:
  • Supportive Measures.  Supportive measures are intended to support the individual who experienced Sexual misconduct to continue in their involvement in the University’s program and activities. 
  • Informal Resolution.  An informal resolution is a resolution that the parties (i.e., the person making the allegations and the accused person) agree upon to address the situation.  No party may be forced to accept an informal resolution.  This is a voluntary process.
  • Formal Complaint.  A formal complaint includes an investigation and adjudication process.  The outcome of a formal complaint is either that the person accused of Sexual misconduct is found either responsible or not responsible for having committed a violation of this Policy.  A violation results in appropriate sanctions and other remedies to address the violation.

The University encourages reporting of Sexual Misconduct. The options for reporting above are not mutually exclusive, and an individual may pursue one option but not the other.  

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. Reports may be made anonymously, but the University’s, or anyone else’s, ability to respond may necessarily be limited by anonymous reporting.

If you have been subjected to Sexual Misconduct, the following resources/options are available to seek help and/or report the conduct:  

a)  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
    315-229-5392
    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.
• Student Advocates
  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: available to SLU students on request

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.

b)  Off Campus Confidential/Private Resources

Confidential reports of Sexual Misconduct can be made by students and employees to off- campus resources, including

• Canton-Potsdam Hospital (all)
  315-265-3300
• Renewal House for Victims of Family Violence (all)
  3 Chapel Street
  M-F 8:00am-5:00pm
  315-379-9845
• Reachout of St. Lawrence County (all)
  315-265-2422
• Employee Assistance Program (Employees)
  1-800-327-2255

In addition, certain support services may be available on a private basis through:

• New York State Office of Victim Services (all)
  1-800-247-8035
  https://ovs.ny.gov

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.

c)  On-Campus Non-Confidential 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 and these individuals are obliged to inform the Title IX Coordinator of the complaint, and the Title IX Coordinator will reach out with more information:

• Vice President and Dean of Student Life Hagi Bradley, 315-229-5311, Sullivan Student Center Room 234,  ebradley@stlawu.edu
• Associate Dean of Student Life Rance Davis, 315-229-5551, Sullivan Student Center,  rdavis@stlawu.edu
• Vice President and Dean of Academic Affairs Karl Schonberg, 315-229-5993, Vilas 103,  kschonberg@stlawu.edu
• Associate Dean of Faculty Affairs Evelyn Jennings, 315-229-5993, Vilas 103, ejennings@stlawu.edu
• Director of Human Resources for Employee Relations Colleen Manley, 315-229-5988, Vilas G2, cmanley@stlawu.edu
• Director of Human Resources for Employee Benefits Debra Mousaw, 315-229-5597, Vilas G1, dmousaw@stlawu.edu
• Athletic Director and Deputy Title IX Coordinator Bob Durocher, Augsbury Center, 315-229-5870, bdur@stlawu.edu
• Assistant Vice President of Safety and Security and Senior Deputy Title IX Coordinator Patrick Gagnon, 315-229-5555, Torrey Health Center, 76 Park Street, rear entrance, pgagnon@stlawu.edu
• Assistant Director of Security and Safety Roxanne Cliff, 315-229-5555, Torrey Health Center, 76 Park Street, rear entrance, rcliff@stlawu.edu
• All Security Officers, 315-229-5555, Torrey Health Center, 76 Park Street, rear entrance, (Available 24 hours/day)
• Assistant Dean and Director of Residence Life Christopher Marquart, 315-229-5250, Sullivan Student Center 231, cmarquart@stlawu.edu
• Assistant Dean and Director of Student Activities and Deputy Title IX Coordinator John Robert O’Connor, 315-229-5757, Sullivan Student Center 225, joconnor@stlawu.edu

Reports may be made by the victim, someone on behalf of the victim, 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  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 decide not to file a formal complaint and 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/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 filing a formal complaint and initiating the Formal Adjudication process starting with 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 a Complainant does not wish to file a formal complaint and initiate an investigation and Formal Adjudication, the Complainant will, nevertheless, be entitled to receive supportive measures.

Upon receiving a report, the Title IX Coordinator will discuss with the Complainant available avenues and options.  Options will include the filing of a formal complaint which may lead to disciplinary action against the accused and remedial actions to ameliorate or correct the effects of the sexual misconduct.  Other options may include the provision of supportive measures, such as interim no-contact orders, changes in academic, 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.

d)  Law Enforcement

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 1-844-845-7269

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.

3.  Supportive Measures

Once a report is made under this Policy, the Complainant will be contacted by the Title IX Coordinator and offered individualized support as more fully described below.  Once the Respondent is informed of a report or a formal complaint under this policy, the Respondent will be contacted by the Title IX Coordinator and offered individualized support as more fully described below.

Supportive measures are intended to restore or preserve, to the extent practicable, equal access to the University’s educational programs and activities and protect the safety of all parties without unreasonably burdening the other party or parties.  As required by federal regulation, these supportive measures must be non-disciplinary and non-punitive to the parties. 

Supportive measures could include, but are not limited to:

• Changes or adjustment in academics such as the extension of deadlines or other course-related adjustments;
• Changes to housing, transportation and campus working situations if those changes are requested by a party and reasonably available;
• Mutual “No Contact” orders and, in limited circumstances, one-way no contact orders.
• Access to safe walks and campus escorts or other reasonable security or monitoring measures;
• Counseling services; and
• Interim removal of a student from the University, which will only be taken pursuant to the Emergency Removal provisions below.

Both parties will be afforded an opportunity to request specific supportive measures, which will be considered by the Title IX Coordinator.

When a no-contact order or any other supportive measure is issued, both the person against whom it is issued and the other party, will, upon request, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of the supportive measure to the extent it directly affects him or her.  This request for review of supportive measures may include a request for potential modification of the no-contact order or other supportive measure.  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. 

The Title IX coordinator is responsible for coordinating the implementation of supportive measures, including coordinating with the various University departments and offices that may be involved.  Supportive measures may be secured and coordinated, at the direction of the Title IX Coordinator, through the Associate Dean of Student Life, Associate Dean for Faculty Life, or the Director of Human Resources, as appropriate.  Supportive measures will be offered free of charge.

If a party’s request for a supportive measure is denied, the party will be afforded an opportunity to have the denial promptly reviewed to assess whether the supportive measure is reasonable under the circumstances and/or should be modified.  In addition, each party will, upon request, be afforded the opportunity for a prompt review of the need for supportive measures, including the potential modification of these measures, to the extent that the party is affected by the measure(s) being reviewed. A request for the review of the denial of, or the need for or details of, supportive measures should 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. Each party will be allowed to submit evidence in support of, or in opposition to, the request to the extent the supportive measures under review affect that party. Additional information about how to request a review will be included in a written communication that will outline the supportive measures offered and any that were requested by the party but denied. The Title IX Coordinator will advise the parties of the result of the review. This determination is not subject to further review absent changed circumstances.

Emergency Removal of Student Respondent

The University may need to undertake an emergency removal of a student in order to protect the safety of its community, which may include contacting local law enforcement to address imminent safety concerns. Emergency removal is not a substitute for reaching a determination as to a student respondent’s responsibility for the sexual misconduct allegations; rather, emergency removal is for the purpose of addressing imminent threats posed to any person’s physical health or safety, which may arise out of the allegations of sexual misconduct.

Prior to removing a student respondent through the emergency removal process, the University will undertake an individualized safety and risk analysis. If the individualized safety and risk analysis determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual misconduct justifies removal, then a student respondent will be removed. This is the case regardless of the severity of the allegations and regardless of whether a formal complaint was filed. An emergency removal cannot be based on the threat to mental health or safety to a Complainant or anyone else. The threat must be to the physical health or safety of the Complainant or other individual.

In the event a determination is made that a student respondent is an immediate threat to the physical health or safety of an individual, the Title IX Coordinator will provide written notice of the emergency removal to both the Complainant and Respondent. This notice will contain: (1) the date the removal is set to begin, (2) the reason for the emergency removal, (3) the consequences of non-compliance, and (4) how to appeal the decision. If a student respondent disagrees with the decision to be removed from campus, he/she may appeal the decision. The student respondent must provide written notice to the Title IX Coordinator within 10 days of receiving the notice of removal. The burden of proof is on the student respondent to show that the removal decision was incorrect.

Employee respondents are not subject to this process. 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).

4.  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.

5.  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:

a).   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;

b).    an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension; and

c).    assistance from Campus Safety in contacting local law enforcement to effect an arrest for violating such an order.

6.  University Sexual Misconduct Complaint Procedures

If a report of Sexual Misconduct is made to any of the above listed Responsible Administrators, the Title IX Coordinator will contact the Complainant to inform him/her of the right to file a formal complaint under this policy. A formal complaint is necessary to initiate the University’s grievance process, meaning an investigation and adjudication process.  A formal complaint must be in written form and must be signed by the complainant.  If a formal complaint is filed, a fair, prompt and impartial investigation will be undertaken by the University.

The Title IX Coordinator will review a formal complaint filed by a Complainant.In order to comply with Title IX regulations, the Title IX Coordinator must “dismiss” the Title IX Category violation(s) if it is apparent that the allegations are not within the scope of Title IX, including that the conduct alleged:

• would not constitute sexual harassment as defined in the Title IX Category

Conduct Violations definition above, even if proved;

• did not occur in the University’s education program or activity, or
• did not occur against a person in the United States.

Notice of dismissal of the Title IX Category violation(s) will be in writing and issued to both the Complainant and Respondent.  The Title IX Coordinator may determine at any point in the process that facts have emerged that require the dismissal of a Title IX Category violation.  A decision to dismiss a Title IX Category violation is immediately appealable by the complainant. Even if Title IX Category violations are subject to dismissal, the University will  continue to process the allegations as University Category violations, assuming that the allegations, if true, would constitute University Category violations.

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, 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.

7.  Informal Resolution

The intent of an Informal Resolution Process is for the parties to undertake a facilitated discussion regarding the matters at issue related to the allegations to see if they can reach agreement on a resolution that leaves both parties feeling satisfied with that resolution.  Informal Resolution may be offered to the parties after a formal complaint is filed by the Complainant.  The University reserves the right not to offer Informal Resolution in cases where the University determines Informal Resolution to be inappropriate based on the allegations or other circumstances (including but not limited to a situation where an employee or faculty member is alleged to have committed sexual misconduct against a student).  The informal resolution process is also not available in a complaint involving more than two parties unless a) all parties consent to use the informal resolution process, b) there is an understanding among all parties about what happens when the right of any party to stop the informal resolution process and return to the formal investigation and hearing process is invoked, and c) there is an understanding among all parties about whether some parties, but not all, can agree to a resolution.

One objective of the Informal Resolution is to provide to the parties an opportunity to understand each other’s concerns and address them as collaboratively and usefully for the parties as possible, with the assistance of the facilitator.  Informal Resolution will be pursued only where both the Complainant and Respondent agree to utilize the process.  Either party in an Informal Resolution process may terminate it at any time and, if that occurs, the complaint will proceed to the formal investigation and adjudication process. Supportive measures are available to both parties in the same manner as they would be if the formal complaint were proceeding under the hearing process.

A written notice will be given to both parties before entering an Informal Resolution Process, and both parties must consent to the process in writing. No party should feel intimidated, coerced or threatened to participate in an Informal Resolution Process, or to withdraw from an Informal Resolution Process.

If both parties consent to participate in the Informal Resolution process, the University will assign a facilitator who will act in an independent, impartial manner to facilitate a resolution between the parties.  The facilitator will schedule one or more meetings with the parties.  The parties will not be required to meet in person unless they each wish to do so, and the facilitator may meet separately with each party to explore the party’s views about the allegations and desired outcome from the process. Either party may elect to have any meeting occur so that the parties are in different rooms and the facilitator “shuttles” between the parties. The Informal Resolution process should proceed with due promptness.  The University imposes no specified timeframe for the process but the facilitator may choose to terminate the Informal Resolution Process (and either party may elect to terminate the Informal Resolution) if insufficient progress is being made.

A resolution is reached only if both parties agree. The facilitator’s role is to conduct the informal resolution process in a way that is impartial and does not favor one party over the other. The facilitator will not impose an outcome, although the facilitator may assist the parties in suggesting resolutions that appear to meet the parties’ needs.  The facilitator will assist the parties in communicating information and opinions to the facilitator and each other regarding the allegations in an effort to find common ground and a resolution of the allegations that is satisfactory to both parties.   A resolution may include a disciplinary component if the parties agree.

If a resolution is reached, the facilitator will draft a document reflecting the agreement between the parties that becomes final once it is signed by both parties.  This written and signed Resolution indicates that the Complaint has been resolved under this Policy without the need for further investigation or to pursue the adjudicatory hearing process.  After a written resolution has been finalized, the University will keep a record of the parties’ written consent to the Informal Resolution process and the written resolution.  Any written resolution involving discipline or other action taken against a Respondent will be dealt with in the same manner as any other disciplinary action is taken.  A party may terminate the informal process at any time before the final written resolution is signed.

For the Informal Resolution process to have the best chance for success, the parties should be free to express themselves.  As a result, the information received from both parties during the Informal Resolution process will be kept confidential by the facilitator.  In addition, the facilitator will not be available as a witness in any hearing that may occur should either party terminate the Informal Resolution process before a resolution.  This is in keeping with the concept that the facilitator is impartial and is only facilitating the interaction between the two parties. If a resolution is not reached and the Formal Complaint returns or proceeds to the formal investigation and adjudicatory hearing process, the parties may not disclose information shared by the other party during the Informal Resolution process in the hearing, unless that information is learned outside the Informal Resolution process through the investigation or otherwise.

The facilitator will be free from conflicts of interest and bias. An Informal Resolution leads either to an agreement between the parties or no agreement, in which case the complaint returns to the formal investigation and adjudication process.  The University reserves the right to disallow an Informal Resolution that the University finds unacceptable or inappropriate. 

8.  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.  Per University policy, a withdrawal notation will remain on a transcript for at least one year following the withdrawal.  Per state 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 transcript notation, if any, will be based upon the final outcome of any proceeding.

B.  Discrimination Other Than Sexual Misconduct

This policy applies to complaints related to (a) discrimination based on gender, sexual orientation, gender identity or gender expression, or (b) discrimination or harassment based on any other category protected by law, regulation or policy (such as race, color, predisposing genetic characteristics, religion, age, disability, marital status, veteran’s status, or national or ethnic origin).

1. 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 and then submitted, by the Title IX Coordinator, either to the Discriminatory Harassment Hearing Board (DHHB, a subset of the Review Board), or to the Vice President for Student Life, for adjudication. In these types of cases, any advisor must be a non-lawyer, an active member of the University community and their role is as described in the procedures for Discriminatory Harassment Based on Identity other than Gender.

2.  Complaint By Employees

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 (a) discrimination based on gender, sexual orientation, gender identity or gender expression, or (b) discrimination or harassment based on any other category protected by law, regulation or policy (such as race, color, predisposing genetic characteristics, religion, age, disability, marital status, veteran’s status, or national or ethnic origin)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 also an employee, 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. 

3.  Complaints by Non-Members of the Community

When a non-member of the University community believes s/he is experiencing or has experienced (a) discrimination based on gender, sexual orientation, gender identity or gender expression, or (b) discrimination or harassment based on any other category protected by law, regulation or policy (such as race, color, predisposing genetic characteristics, religion, age, disability, marital status, veteran’s status, or national or ethnic origin), s/he should report concerns to the Assistant Vice President for Safety and Security or the Vice President for Community and Employee Relations. In such cases,  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

C.  Retaliation 

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.  Retaliation should be reported promptly to any Responsible Administrator and may result in disciplinary action independent of the sanction imposed in response to the underlying allegations of Sexual Misconduct (or other Discrimination). 

D.  Recordkeeping

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.

E.  Training

The University trains all individuals involved in the investigation and resolution of complaints made pursuant to its Sexual Misconduct Policy. Training materials are unbiased, do not rely on sex stereotypes, and promote the fair and impartial investigation, adjudication, and resolution of complaints. 

The Title IX Coordinator, Responsible Administrators, persons assigned as investigators, individuals determining violations and/or considering appeals of determinations of this Policy, and any individuals who facilitate an informal resolution process will receive training on relevant topics, including discrimination, harassment, sexual exploitation, sexual assault, stalking, domestic violence and dating violence, what constitutes the scope of the institution’s “education program or activity” for purposes of the application of this policy, how to apply the definition of “affirmative consent”, how to conduct fair and impartial investigations, the right during investigatory and adjudicatory proceedings to a presumption of “not responsible” until a finding of responsibility is made, issues of relevancy of evidence (including, for investigators, issues of relevance in creating an investigative report), how to disclose and appropriately address conflicts of interest and bias, and the University’s grievance process, including hearings, appeals, and the informal resolution process, as applicable.  In addition, individuals serving as decision-makers under the Sexual Misconduct policy will receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence. The training provides participants involved in implementation of this policy with the tools they need to ensure that they serve in their roles in an objective manner and without bias.

F.  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. 

G.  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.

H.  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.

I.  Delegation 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.

The Title IX Coordinator may delegate his or her responsibilities and/or authorities under this Policy to any Deputy Title IX Coordinator or other appropriate official.

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.

J.  Interpretation/Other Issues

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.

K.  Policy Compliance

• Any person with a concern about the University’s handling of a particular matter should contact Associate Dean of Diversity & Inclusion Kimberly Flint-Hamilton, 315-229-1881, Student Center 333, kflint@stlawu.edu.
• 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.

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.
 

APPENDIX A

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:

1. Make a report to local law enforcement and/or state Police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
6. 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;
7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
8. 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;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

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:

1. Notify Campus Safety, Local Law Enforcement or the New York State Police.
    
2. 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.
3. 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
     315-265-3300
   • Renewal House for Victims of Family Violence
     (For Students/Staff)
     3 Chapel Street
     M-F 8:00am-5:00pm
     315-379-9845
   • Reachout of St. Lawrence County
     (For Students/Staff)
     315-265-2422
   • Employee Assistance Program (For Staff)
     1-800-327-2255
   • New York State Office of Victim Services
     1-800-247-8035
     https://ovs.ny.gov
4. Disclose confidentially the incident and obtain services from the state or local government;
5. 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;
6. 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;
7. 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
8. 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.
9. 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/

Updated August 8, 2016 pursuant to New York State "Enough is Enough" legislation and subsequent guidance from the New York State Department of Education.  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.  
 

APPENDIX B:  ADDENDUM RELATED TO THE PROTECTION OF MINORS

The St. Lawrence University Nondiscrimination, Discriminatory Harassment & Sexual and Interpersonal Misconduct Policies apply to all University students, faculty, staff, and non-University community members (where the alleged conduct arises out of University programs or activities). In any case where a known or suspected victim of Sexual Misconduct is a minor (defined in accordance with applicable law), the following policies and procedures will supplement and, in any case of conflict, supersede the standard policy:

• The institution will comply with all state mandated reporting laws relating to minors. (A Summary Guide for Mandated Reporters in New York State is available at https://ocfs.ny.gov/main/publications/Pub1159.pdf)
• To the extent consistent with state law, all faculty, staff, and volunteers affiliated with the institution are required to report internally to the University’s Title IX Coordinator any knowledge of or reasonable suspicion about sexual abuse perpetrated against a minor while on campus or in connection with any University-sponsored program or activity, regardless of where it occurs.
• Individuals who fail to comply with the internal reporting requirement will face discipline up to and including termination.
• All internal reports of alleged sexual abuse of a minor will be reviewed and investigated even if the allegations are denied by the alleged perpetrator or victim.
• When the institution receives an internal report of sexual abuse of a minor, the institution will promptly report the sexual abuse to:
  • All authorities designated under state law, such as municipal or local (i.e., non-campus) police and child protective services or a similar agency
  • The minor’s parents or guardians
  • The institution’s insurance carriers
• All internal reports of sexual abuse by one perpetrator against multiple minors will also be reported promptly to the University President, Risk Manager, and Board of Trustees.

APPENDIX C:  NEW YORK STATE WORKPLACE SEXUAL HARASSMENT POLICY ADDENDUM

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).  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, where the conduct is so severe and pervasive as to alter the terms of employment for the individual subject to the harassment. 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 an attachment to this policy 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 will be disinclined to 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 info@eeoc.gov 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.