Student Bill of Rights
For sexual assault, dating violence, domestic violence and stalking.
What You Are Entitled To
Student Bill of Rights for Sexual Assault, Dating Violence, Domestic Violence, and Stalking. All students have the right to:
- Make a report to local law enforcement and/or state police;
- Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
- Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
- Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
- Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
- Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
- Access to at least one level of appeal of a determination;
- Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.
Rights for Reporting individuals and complaints
In addition to the Student Bill of Rights, the following are the rights for all reporting individuals and complainants.
- A reporting individual or complainant鈥檚 identity shall remain private if the reporting individual or complainant wishes to maintain privacy.
- If the accused is an employee of the University, the complainant has the right to disclose the incident to Human Resources and the right to request a confidential or private employee to assist in the reporting.
- The right to receive assistance from an appropriate University representative on how to initiate legal proceedings in family or civil court.
- The right to withdraw a complaint or involvement from the University process at any time. The University may still have obligations pursuant to state and federal law to investigate the incident and take action. The complainant may participate in the process to whatever degree they wish.
- All parties have the right to be provided with information about available resources, including intervention, mental health counseling and medical services, including costs. The University will also provide information on sexually transmitted infections, sexual assault forensic examinations and resources available through New York State Office of Victim Services.
- To have the University issue a 鈥淣o-Contact Order鈥� in cases where the accused is a student, consistent with the procedures outlined in the Code of Conduct which also provides for prompt review.
- To be assisted in obtaining an Order of Protection or an equivalent protective or restraining order.
- To receive a copy of the Order of Protection or equivalent when received by the University and be provided with the opportunity to speak with a Public Safety Officer to answer questions and explain the provisions of the order.
- To receive assistance from the University in effecting an arrest when an Order of Protection is violated.
- When the accused is not a student, but is a member of the University Community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements and the policies of the University.
- To receive reasonable interim accommodations (also referred to in this policy as supportive measures) regarding academics, housing, employment, transportation or other applicable arrangements to help ensure safety, prevent retaliation and a hostile environment, consistent with the University鈥檚 policies. Both parties and the reporting individual shall, upon request, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any such interim measure and accommodation that directly affects them, and shall be allowed to submit evidence in support of their request.
- To request student conduct charges be filed against an accused student governed by the Title IX and Sexual Misconduct Policy in conjunction with the Code of Conduct, which include, among other things, the right to receive written notice of the charges, date, time, location and factual allegations concerning the violation, dates of meetings, the final determination, possible sanctions, to review the record and evidence in the case file, or otherwise in the possession or control of the University, and relevant to the conduct case, present witnesses and evidence and be accompanied by an advisor of choice to all meetings and the presumption that the respondent is not responsible until proven otherwise.
- To receive a prompt response to the complaint and have it investigated and adjudicated by impartial individuals who do not have a conflict of interest and who have been trained annually in conducting investigations involving sexual assault, dating violence, domestic violence and stalking, the effects of trauma, the need for impartiality, the rights of the accused and the presumption of 鈥渘ot responsible鈥�.
- Both parties have the right to exclude their own prior sexual history with persons other than the other party to the proceedings or their own mental health diagnosis and/or treatment from admittance into the disciplinary stages that determines responsibility. Past findings of dating violence, domestic violence, stalking or sexual assault may be admissible in the sanction stage.
- Both parties have the right to choose whether to disclose or discuss the outcome of the University proceeding and have information obtained during the proceedings protected from public release until the appeals panel makes final determination, unless required by law.
- For crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII), the University will make a notation on the transcript of students found responsible after a conduct process that they were 鈥渟uspended after a finding of responsibility for a code of conduct violation鈥� or 鈥渆xpelled after a finding of responsibility for a code of conduct violation.鈥� For a respondent who withdraws from the University while such conduct charges are pending, and declines to complete the disciplinary process, it will make a notation on the transcript of such students that they 鈥渨ithdrew with conduct charges pending.鈥� A student has the right to appeal such transcript notation to request its removal in the event of a suspension, provided that such notation shall not be removed prior to one year after conclusion of the suspension. Notations for expulsion shall not be removed. If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.
- 糖心破解版 has a Memorandum of Understanding with the Sexual Assault Nurse Examiner Program at Northwell Health (formerly North Shore Hospital) to provide forensic examinations in appropriate sexual assault cases.
- The University will conduct an anonymous Campus Climate Survey every other year to ascertain general awareness and knowledge of issues pertaining to sexual assault, dating violence, domestic violence and stalking, which will be developed using standard and commonly recognized research methods. The results of this survey will be published on the University website provided that no personally identifiable information or information which can reasonably lead a reader to identify an individual shall be shared. The University will take steps to ensure that answers to climate surveys remain anonymous and that no individual is identified. Information discovered or produced as a result of the climate survey will not be subject to discovery or admitted into evidence in any federal or state court proceeding or considered for other purposes in any action for damages brought by a private party against the University, unless, in the discretion of the court, any such information is deemed to be material to the underlying claim or defense.
- 糖心破解版 will make reports of certain crimes occurring in specific geographic locations that shall be included in 糖心破解版鈥檚 annual security report pursuant to the Clery Act, 20 U.S.C. 1092(f), in an anonymized manner that identifies neither the specifics of the crime nor the identity of the reporting individual. 糖心破解版 is obligated to issue timely warnings of crimes enumerated in the Clery Act occurring within relevant geography that represent a serious or continuing threat to students and employees, except in those circumstances where issuing such a warning may compromise current law enforcement efforts or when the warning itself could potentially identify the reporting individual. A reporting individual shall not be identified in a timely warning. FERPA allows 糖心破解版 to share information with parents when: i. there is a health or safety emergency; or ii. when the student is a dependent on either parent’s prior year federal income tax return. Generally, 糖心破解版 shall not share information about a report of domestic violence, dating violence, stalking, or sexual assault with parents without the permission of the reporting individual.
- Information regarding confidential and other available resources are addresses herein and posted on the University website under 鈥淭itle IX and Sexual Respect.鈥�
- If an individual discloses information at a public awareness event the University is not obligated to initiate an investigation but may use the information to inform education and prevention efforts.
Location
Levermore Hall, 207