Sexual Violence Response Policy

If you or the reporting individual believe that there is an immediate threat or danger, call the Police. In emergency situations, dial 911. Below are the non- emergency numbers for many of the local police agencies:
 

Individuals who have experienced a recent sexual assault or act of physical violence are encouraged to visit a hospital, clinic, or University Health Center to assess and address their medical needs. A medical exam can assess a victim’s injuries and provide necessary medical advice and medication. Reporting individuals should be advised that information provided during a medical exam is confidential and will not be released or shared without the reporting individual’s consent.

Note: Student Health Services is for students only and does not perform emergency medical care or Sexual Assault Forensic Examinations. However, Health Services will provide non-emergent care and medical follow up, including attention to injuries and evaluation for STIs and pregnancy.

Individuals reporting sexual assault should also be advised of their option to undergo a Sexual Assault Forensic Exam. These exams are performed by skilled clinicians at local hospitals. The exam includes assessment for and treatment of injury, addressing concerns of pregnancy and sexually transmitted infections (STIs), and collection of evidence. Individuals reporting sexual assault should be advised as follows:

• That choosing to undergo a Sexual Assault Forensic Exam does not require that the victim report the violence to police or University administration. However, the exam is strongly recommended as it will greatly enhance the likelihood of a successful prosecution of the assailant in criminal cases should the victim choose to report the incident now or in the future.
• It is important not to bathe, wash, change clothes, or brush one’s teeth prior to seeking medical attention. If possible, it is also best that the victim does not take fluids or use the bathroom prior to the exam.
• That for the purposes of evidence collection, the Sexual Assault Forensic Exam should be conducted within 96 hours of the assault. However, even if 96 hours have elapsed, the exam is still recommended.
• That the Sexual Assault Forensic Exam is free and does not have to be charged to the victim’s insurance.
• That information provided during the Sexual Assault Forensic Exam is confidential, and will not be released or shared with anyone, including Police and the University, without the victim’s consent.
• The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency funds. More information, including SUNY specific information, may be found online or by calling 800-247-8035. 
• If an individual reporting sexual violence chooses to obtain medical care, off-campus advocates from the Albany County Crime Victims and Sexual Violence Center are available to meet the individual at the hospital.

At the first instance of disclosure by a reporting individual to any University employee, the following information shall be presented to the reporting individual:

“You have the right to make a report to University Police, local law enforcement, and/or State Police or choose not to report; to report the incident to the University at Albany; to be protected by the University at Albany from retaliation for reporting an incident; and to receive assistance and resources from the University at Albany.”

All members of the University community should be directed to this policy and the University’s Title IX Grievance policy for further guidance and information.

Reporting individuals have the right to confidentially disclose an incident to University at Albany officials who are designated as confidential resources. These individuals can assist in obtaining services for reporting individuals. 

Individuals who are confidential resources will not report crimes to law enforcement or University officials without permission, except for extreme circumstances, such as a health and/or safety emergency.

Confidential Resources for Students

Reporting Individuals may also confidentially disclose the incident and obtain services from the following resources and hotlines. Please note that the hotlines are for crisis intervention, resources, and referrals, and are not reporting mechanisms, meaning that disclosure on a call to a hotline does not provide any information to the campus.
 

Reporting Individuals may also confidentially disclose the incident and obtain services from off-campus medical providers. Some of the area providers are listed below. It is important for Reporting Individuals to be aware that:

• Medical office and insurance billing practices may reveal information to the insurance policyholder, including medication and/or examinations paid for or administered.
• The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency compensation. Learn about the services offered by New York State Office of Victim Services online or by calling 800-247-8035.
• Note that even individuals who can typically maintain confidentiality are subject to exceptions under the law, including when an individual is a threat to themselves or others and the mandatory reporting of child abuse.

Even University at Albany offices and employees who cannot guarantee confidentiality will maintain privacy to the greatest extent possible. 

The information provided by a reporting individual to a non-confidential resource will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible under the law for tracking patterns and spotting systemic issues. 

Note: A number of significant guidance documents issued by the Department of Education’s Office of Civil rights have indicated that Title IX of the Education Law Amendments of 1972 requires an institution's Title IX Coordinator to keep records necessary to track patterns or identify areas of concern.

The University at Albany will limit the disclosure as much as possible, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

If a reporting individual discloses an incident to a University at Albany employee who is responsible for responding to or reporting sexual violence or sexual harassment, but the reporting individual wishes to maintain confidentiality or does not consent to the institution’s request to initiate an investigation, the Title IX Coordinator must weigh their request against the University at Albany’s obligation to provide a safe, non-discriminatory environment for all members of our community, including the reporting individual.

The University will assist the reporting individual with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of their reporting choices. While reporting individuals may request accommodation from several offices, the following University official can serve as a primary point of contact to assist with these measures:

• Title IX Coordinator: 518 442-3800, Campus Center 357

The University at Albany may also take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify the reporting individual or the situation they disclosed.

Honoring the reporting individual’s request for confidentiality may limit the University’s ability to meaningfully investigate and pursue conduct charges against an accused individual. The University at Albany may seek consent from a reporting individual prior to investigating. The reporting individual may decline to consent to an investigation, and that decision will be honored unless the University determines that its failure to act would not adequately mitigate the risk of harm to the reporting individual or other members of the University community. 

If the University at Albany determines that an investigation is required, the reporting individual will be notified, and immediate action will be taken as necessary to protect and assist the reporting individual.

When an individual discloses an incident to someone who is responsible for responding to or reporting sexual violence or sexual harassment, but wishes to maintain confidentiality, the University at Albany will consider many factors to determine whether to proceed despite that request. These factors include, but are not limited to:

• Whether the accused has a history of violent behavior or is a repeat offender;
• Whether the incident represents escalation, such as a situation that previously involved sustained stalking,
• The increased risk that the accused will commit additional acts of violence;
• Whether the accused used a weapon or force;
• Whether the reporting individual is a minor; and
• Whether we possess other means to obtain evidence such as security footage, and whether the report reveals a pattern of perpetration at a given location or by a particular group.

If a situation is disclosed through a public awareness event (such as “Take Back the Night,” candlelight vigils, protests, or other public event), the University at Albany is not obligated to begin an investigation. The University may use the information provided to inform the need for additional education and prevention efforts.

Reporting individuals have the right to report an incident of sexual violence to one of the following University officials who can offer privacy and can provide information about remedies, accommodations, evidence preservation, and how to obtain resources. 

Please note that an official who can offer privacy may still be required by law and college policy to inform one or more University officials about the incident, including but not limited to the Title IX Coordinator. These officials will:

• Provide the Reporting Individual with a copy of the Students’ Bill of Rights
• Disclose that they are private and not confidential resources, and that they may be required to report the incident, including but not limited to the Title IX Coordinator.
• Notify reporting individuals that the criminal justice process uses different standards of proof and evidence than institutional administrative procedures, and questions about the penal law or the criminal process should be directed to law enforcement or the District Attorney.

Note: The United States Department of Education’s Office of Civil Rights guidance states that Title IX of the Education Amendments of 1972 requires an institution’s “responsible employees” to report all known incidents of sexual violence to the institution’s Title IX Coordinator. This guidance defines “responsible employee” as an any employee who has the authority to take action to redress sexual violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee; or whom a student could reasonably believe has this authority or duty.

Title IX Coordinator

The Title IX Coordinator is available to receive reports and to provide information and assistance regarding an incident of sexual assault, domestic violence, dating violence, and/or stalking. 

Reports will be investigated in accordance with University at Albany policy and a reporting individual’s identity shall remain private at all times if they wish to maintain privacy. 

If a reporting individual wishes to keep their identity anonymous, they may call the Title IX Coordinator anonymously to discuss the situation and available options.

Title IX Coordinator: 518 442-3800, Campus Center 357

Human Resources

When the accused is an employee, a reporting individual may also report the incident to the University at Albany’s Office of Human Resources or may request that one of the above referenced confidential or private employees assist in reporting to Employee Relations or Human Resources. Disciplinary proceedings will be conducted in accordance with applicable collective bargaining agreements. 

When the accused is an employee of an affiliated entity or vendor of the University, University officials will, at the request of the reporting party, assist in reporting to the appropriate office of the vendor or affiliated entity and, if the response of the vendor or affiliated entity is not sufficient, assist in obtaining a persona non grata letter, subject to legal requirements and college policy.

Human Resources: 518 347-4700, UAB 300

Reporting Individuals have the right to file a criminal complaint with the University at Albany Police or with local law enforcement:
 

Options for anonymously reporting incidents of sexual violence to University at Albany officials are available using the University’s online reporting form.

A reporting individual has the right to withdraw their complaint from the University at Albany process at any time.

The University at Albany will investigate allegations of sexual violence that occur within the University at Albany community or that have an effect on the University at Albany community. The purpose of the investigation is:

1. When the Respondent is a student or an employee, to collect and compile evidence for the purpose of determining whether the complaint, if true, would constitute a violation of University at Albany policy and, if so, which specific policies may have been violated;
2. When the Respondent is a student or employee, to determine whether the allegations warrant review by the Office of Community Standards or Human Resources, if such review has not yet been initiated;
   • Note: When the Respondent(s) is a member of the University at Albany community, the investigation report will not contain opinions as to the credibility of the evidence. Nor will it contain findings of fact or opinions as to whether the conduct alleged can be proven by the preponderance of the evidence standard. Rather, the report will determine whether the complaint, if true, would constitute a violation of University at Albany policy and if so, which specific policies may have been violated.
3. When the Respondent is not a member of the University at Albany community, to collect and compile evidence relevant to the allegations to determine whether a violation of University policy has occurred. This determination will be made by the Title IX Coordinator, or a designee(s).
4. To assist the University at Albany in its obligation to stop individual instances of sexual violence, to prevent the recurrence of the violence, and to remedy any effects the violence has had on the entire University at Albany community.

Upon receipt of a report alleging sexual violence, the Title IX Coordinator or a designee will assess whether a formal investigation will be conducted under this policy; that is, whether the allegations in the initial report(s), if true, would constitute prohibited sexual misconduct in accordance with University at Albany policy. 

This preliminary review, including any necessary interviews to be conducted and any necessary interim measures to be put in place, will usually be completed within seven (7) days of receipt of the complaint.

If the Title IX Coordinator determines that an investigation is necessary, the following will occur, in no particular order:

1. The Title IX Coordinator will assign an Investigator to conduct the investigation. The Title IX Coordinator may be an investigator.
2. The Investigator will notify all parties to the complaint, if their identities are known, that the University will be conducting an investigation;
3. The Investigator will contact the alleged victim/survivor in order to:
   • a. Advise the victim/survivor of resources available both on and off campus for support, advocacy, and accommodations for safety and security;
   • b. Advise the victim/survivor of their reporting rights and options; including the right to request that the University not take action;
   • c. Advise the victim/survivor about the investigation process;
   • d. Advise the victim/survivor about the University’s prohibition against retaliation;
   • e. Conduct an interview of the victim/survivor, should they choose to participate;
   • f. Allow the victim/survivor to provide evidence, including, but not limited to documents, recordings, and names of potential witnesses.
4. The Title IX Investigator will meet with the Respondent(s) in order to:
   • a. Advise the respondent(s) of resources available both on and off campus for support, advocacy, and accommodations;
   • b. Advise the respondent about the investigation process;
   • c. Advise the respondent about the University’s prohibition against retaliation;
   • d. Conduct an interview of the respondent, should they choose to participate;
   • e. Allow the respondent to provide evidence, including, but not limited to documents, recordings, and names of potential witnesses.
5. The Investigator will attempt to meet with and speak to all witnesses who have or may have information relevant to the investigation.
6. The Investigator will attempt to collect all evidence relevant to the investigation;
7. When it appears that the investigation may result in a student conduct referral, the Investigator will prepare a draft investigation report. Once that draft is prepared the following will occur:
   • a. First, each witness will be permitted to review the portion of the report that memorializes their statements to investigators. The witness will be permitted to suggest changes, offer clarifications, and make additions. The witness will ultimately be asked to affirm, in writing,
   • b. that they are satisfied that they have shared all relevant information known to them, and
   • c. that the report is an accurate representation of their conversations with the Investigators.
   • d. Next, the victim/survivor and the respondent(s) will be permitted to review the entire draft report. With respect to their own statements, they will be permitted to suggest changes, offer clarifications, and make additions. Each party will also be given the opportunity to respond to the content of the draft report, request that additional questions be asked of witnesses or the other party to the complaint, and to offer additional evidence or information.
   • e. If one party has additional questions, or if additional evidence is offered, the Investigators will follow up on those questions or the evidence and if relevant, will include it in the draft report. The process set forth in paragraph (b), above, will then be repeated until all parties are satisfied that the investigation is thorough and complete.
8. Once the victim/survivor and the respondent(s) are satisfied that the investigation report is accurate as to their statements and complete in that it contains all relevant information, a final investigation report will be prepared and distributed to the parties. The parties will then be required to affirm, in writing, that: 
   1. They have had the opportunity to review the report in its entirety, 
   2. The portion of the report in which their statements are summarized is accurate and complete, 
   3. They are satisfied that they have shared all relevant information and evidence known to them, and
   4. They are satisfied that the investigation was thorough and complete.
9. If the investigation identifies evidence that, if true, could constitute a violation of Community Rights and Responsibilities, the Title IX Coordinator will make a referral to Community Standards and the investigation report will be provided to that office for further action.
10. Absent extenuating circumstances, investigation and resolution is expected to take place within sixty (60) calendar days from receipt of the complaint. All deadlines and time requirements detailed below may be extended for good cause as determined by the Title IX Coordinator or the Vice President for Student Affairs and Enrollment Management, or a designee of either of those individuals. Both the respondent and the complainant will be notified in writing of the delay, the reason for delay, and provided the date of the new deadline or event. Extensions requested by one party will not be longer than 5 business/school days.

When the accused is an employee, the investigation will be conducted by the Office of Human Resources and the Title IX Coordinator or designee in accordance with applicable collective bargaining agreements. 

When the accused is an employee of an affiliated entity or vendor of the college, college officials will, at the request of the reporting individual, assist in reporting to the appropriate office of the vendor or affiliated entity and, if the response of the vendor or affiliated entity is not sufficient, assist in obtaining a persona non grata letter, subject to legal requirements and institutional policy.

When the alleged perpetrator of an act of sexual violence is a student, the reporting individual has the right to request that student conduct charges be filed against the accused. Conduct proceedings are governed by the procedures set forth in the University at Albany’s student code of conduct, entitled Community Rights and Responsibilities, as well as federal law and New York State Education Law Article 129b. including the due process provisions of the United States and New York State Constitutions. 

Note: Title IX of the Education Law Amendments of 1972, section 503 of the Violence Against Women Act Reauthorization Act, and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act set forth certain requirements for the administrative adjudication of sexual assault complaints on college campuses.

When the accused is an employee, disciplinary proceedings will be conducted in accordance with applicable collective bargaining agreements. When the accused is an employee of an affiliated entity or vendor of the college, college officials will, at the request of the reporting individual, assist in reporting to the appropriate office of the vendor or affiliated entity and, if the response of the vendor or affiliated entity is not sufficient, assist in obtaining a persona non grata letter, subject to legal requirements and University policy.

This policy forbids acts of sexual violence anywhere on campus. "Campus" includes University-owned or leased property, streets and pathways contiguous to University property, or in the immediate vicinity of campus. 

It also includes the property, facilities, and leased premises of organizations affiliated with the University, including University housing and University-recognized housing. University housing includes all types of University residence housing, such as halls and apartments.

Off-campus violations, including online behavior, that affect a clear and distinct interest of the University are subject to disciplinary sanctions. For example, sexual violence by a student is within the University's interests when the behavior:

1. Involves conduct directed at a University student or other member of the University community;
2. Occurs during University sponsored events (e.g., field trips, social or educational functions, University-related travel, student recruitment activities, internships, and service-learning experiences);
3. Occurs during the events of organizations affiliated with the University, including the events of student organizations;
4. Occurs during a Study Abroad program or other international travel;
5. Poses a disruption or threat to the University community; or
6. The effects of the violence are such that they create a hostile environment within the University community.