Student Handbook

Title IX Policies for Individuals Reporting Sexual Harassment and Misconduct

Introduction

Monroe Community College is committed to creating and maintaining an educational environment free from all forms of sex discrimination, including sexual misconduct. Any act involving sexual harassment, violence, coercion, and intimidation will not be tolerated. Specifically, MCC strictly prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking. These acts have a real impact on the lives of victims/survivors. They not only violate a person’s feelings of trust and safety, but they can also substantially interfere with a student’s education. It is the policy of MCC that, upon learning that an act of sexual misconduct has taken place, immediate action will be taken to address the situation and punish the perpetrator. This includes working with state and local law enforcement to bring possible criminal charges, seeking disciplinary action through the College, and enforcing mandatory transcript notifications so other institutions are on notice of the offense committed.

Monroe Community College encourages the reporting of sexual misconduct that is prompt and accurate. This allows the College to quickly respond to allegations and offer immediate support to the victim/survivor. MCC is committed to protecting the confidentiality of victims/survivors, and will work closely with students who wish to obtain private/confidential assistance regarding an incident of sexual misconduct. Certain professionals at the College are permitted by law to offer confidentiality, and those who do not maintain that privilege are expected to keep reports private to the extent permitted under the law and College policy. This means that they may have to report to College officials, but will not broadcast the information beyond what is required by law and policy. All allegations will be investigated promptly and thoroughly, and both the victim/survivor and the Accused Student will be afforded equitable rights during the investigative process.

It is the collective responsibility of all members of the MCC community to foster a safe and secure campus environment. In an effort to promote this environment and prevent acts of sexual misconduct from occurring, the College engages in ongoing prevention and awareness education programs. All incoming students (and employees) are required to participate in these programs, and all members of the College community are encouraged to participate throughout the year in ongoing campaigns and trainings focused on the prevention of sexual misconduct on campus.

In all sexual misconduct disciplinary proceedings, the “preponderance of the evidence” standard of proof will be used. If the evidence presented meets this standard – in other words, if it is “more likely than not” that the sexual misconduct occurred - then the Respondent must be found responsible.

SUNY Definitions for Sexual Misconduct

Accused: A person accused of a violation who has not yet entered an Institution's judicial or conduct process.

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.

    a) 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.
    b) Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
    c) Consent may be initially given but withdrawn at any time.
    d) 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.
    e) Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
    f) When consent is withdrawn or can no longer be given, sexual activity must stop.
Bystander: A person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution.

Clery Act: The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act is a federal statute (20 U.S.C. §1092(f)) that requires colleges and universities that participate in federal financial aid programs to keep and disclose statistics about crime on or near their campuses. Compliance is monitored by the U.S. Department of Education.

Code of Conduct: The written policies adopted by an Institution governing student behavior, rights, and responsibilities while such student is matriculated in the Institution.

Confidentiality: May be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with State and Federal law, including but not limited to 20 U.S.C. 1092(f) and 20 U.S.C. 1681(a). Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality.

Dating violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of domestic violence.

Domestic violence: A felony or misdemeanor crime of violence committed:
    a) By a current or former spouse or intimate partner of the victim;
    b) By a person with whom the victim shares a child in common;
    c) By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
    d) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
    e) By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Institution: Any college or university chartered by the regents or incorporated by special act of the legislature that maintains a campus in New York.

Privacy: May be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with this and other applicable laws, including informing appropriate Institution officials.

Reporting Individual: Encompasses the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by an institution to reference an individual who brings forth a report of a violation.

Respondent: A person accused of a violation who has entered an Institution's judicial or conduct process.

Retaliation: Adverse action against another person for reporting a violation or for participating in any way in the investigation or conduct process. Retaliation includes harassment and intimidation, including but not limited to violence, threats of violence, property destruction, adverse educational or employment consequences, and bullying.

SaVE Act: The Campus Sexual Violence Elimination Act amends the Clery Act. It was signed into law as part of the Violence Against Women Reauthorization Act (VAWA). The SaVE Act provision, Section 304, requires colleges and universities to report domestic violence, dating violence, and stalking beyond the crime categories that the Clery Act already mandates; adopt certain student conduct procedures, such as for notifying victims of their rights; and adopt training protocols and policies to address and prevent campus sexual violence.

Sexual Act: The term “sexual act” means:
    a) Contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;
    b) Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
    c) The penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
    d) The intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
Sexual Assault: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Specifically:
    a) 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 consent of the victim, including instances where the victim is incapable of giving consent because of his/her temporary or permanent mental incapacity.
    b) Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
    c) Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    d) Statutory Rape – Sexual intercourse with a person who is under 17 years old.
Sexual Contact: The intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

Sex Discrimination: Includes all forms of sexual harassment, sexual assault, and other sexual violence by employees, students, or third parties against employees, students, or third parties. Students, employees, and third parties are prohibited from harassing other students and/or employees whether or not the harassment occurs on MCC campuses and whether or not the incidents occur during working hours. All acts of sex discrimination including sexual harassment, sexual assault, and other sexual violence, are prohibited by Title IX.

Sexual Harassment: Unwelcome, gender-based verbal, non-verbal, or physical conduct that is sexual in nature and sufficiently persistent, or pervasive that it unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the College’s educational program and/or activities, and is based on power differentials, the creation of a hostile environment, or retaliation.

Examples of sexual harassment may include:
    • Unwelcome physical contact
    • Continued expression of sexual interest after being informed that the interest is unwelcome
    • Requests for sexual favors
    • Persistent requests for a date, telephone calls, emails or other communication that is unwelcome
    • Posters, photos, cartoons, or graffiti that are demeaning or offensive
    • Sexual language and/or jokes of a sexual nature
    • Unwelcome visual contact, such as leering or staring at another person
    • Comments or statements that are demeaning, humiliating, suggestive, insulting, vulgar, crude, or lewd
    • Sexual gestures
    • Following or stalking
    • Taking pictures that are sexual in nature
    • Preferential treatment or promise of preferential treatment for submitting to sexual conduct
Stalking: Intentionally engaging in a course of conduct, directed at a specific person, which is likely to cause a reasonable person to fear for his or her safety or the safety of others or causes that person to suffer substantial emotional damage. Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, including electronic means, with such person(s) in a manner likely to intimidate, annoy, or alarm him or her.
    a) A course of conduct is 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 persons' property.
    b) Substantial emotional distress is significant mental suffering or anguish that may, but does not necessarily require, medical or other professional treatment or counseling.
    c) A reasonable person is one under similar circumstances with similar identities to the victim.
Title IX: Part of the Educational Amendments of 1972, Title IX prohibits sexual discrimination in any form; to include any form of sexual harassment and gender discrimination. Federal law states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal assistance.”

Title IX Coordinator: The Title IX Coordinator and/or his or her designee or designees.

Violence Against Women Act (VAWA): VAWA is a federal law initially passed in 1994 and reauthorized three times, most recently in 2013 (Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994, H.R. 3355). VAWA's initial focus has expanded from domestic violence and sexual assault to also include dating violence and stalking. The Act provides funding for investigation and prosecution of violent crimes against women, imposes mandatory restitution by those convicted, and allows civil remedy in certain cases. The Act created the Office on Violence Against Women within the U.S. Department of Justice. While the title of the law refers to women victims of violence, the actual text is gender-neutral, providing coverage for male victims of domestic violence as well.

Students' Bill of Rights

The State University of New York and Monroe Community College are committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in College-wide and campus programs, activities, and employment. All victims/survivors of these crimes and violations, regardless of 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, have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad:

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 from 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 institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident;
    8. Be protected from retaliation by the institution, any student, the Accused Student 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 Student, 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 College.

Options in Brief

Victims/survivors have many options that can be pursued simultaneously, including one or more of the following (for detailed information review the Sexual Violence Response Policy below):
    1. Receive resources, such as counseling and medical attention;
    2. Confidentially or anonymously disclose a crime or violation (for detailed information on confidentiality and privacy review Options for Confidentially Disclosing Sexual Violence below)
    3. Make a report to:
        • An employee with authority to address complaints, including the Title IX Coordinator, a Student Conduct Employee, or a Human Resources employee;
        • MCC Public Safety;
        • Local law enforcement; and/or
        • Family Court or Civil Court.
Sexual Violence Response Policy

In accordance with the Students’ Bill of Rights, Reporting Individuals have the right to pursue more than one of the options below at the same time, or to choose not to participate in any of the options below:

a) Reporting

To disclose confidentially the incident to one of the following college officials, who by law may maintain confidentiality, and can assist in obtaining services (more information on confidential reporting is available in the Options for Confidentially Disclosing Sexual Violence Policy):

    • Donna Mueller, Director, Health Services - Bldg. 3, Room 165, (585) 292-2510
    • Aubrey Zamiara, Interim Dir., Counseling & Disability Services - Bldg. 1, Room 231, (585) 292-2140
    • E. Jamall Watkins, Asst. Dir., Counseling Services - Bldg. 3, Room 103, (585) 292-2030
    • Silent Witness Hotline (585) 292-3636
    • Anonymous Reporting Online Form
To disclose confidentially the incident and obtain services from the New York State, New York City or county hotlines. Additional disclosure and assistance options are catalogued by the Office for the Prevention of Domestic Violence and presented in several languages: (or by calling 1-800-942-6906).

Assistance can also be obtained through: Note: These 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 are encouraged to additionally contact a campus confidential or private resource so that the campus can take appropriate action in these cases.

To disclose the incident to one of the following college officials who can offer privacy and can assist in providing information about remedies, accommodations, evidence preservation, and how to obtain resources. Those officials will also provide the information contained in the Students’ Bill of Rights, including the right to choose when and where to report, to be protected by the institution from retaliation, and to receive assistance and resources from the institution. These college officials will disclose that they are private and not confidential resources, and they may still be required by law and college policy to inform one or more college officials about the incident, including but not limited to the Title IX Coordinator. They will notify Reporting Individuals that the criminal justice process uses different standards of proof and evidence than internal procedures, and questions about the penal law or the criminal process should be directed to law enforcement or the district attorney:
    • Kristin Lowe, Title IX Coordinator, Title IX - (585) 292-2108
    • Melissa Fingar, Assistant Title IX Coordinator, Human Resources - (585) 292-2117
    • Don Bigelow, Deputy Coordinator, Housing and Residence Life - (585) 292-3009
    • Jamia Danzy, Deputy Coordinator, Housing and Residence Life - (585) 292-3010
    • Amy Greer, Deputy Coordinator, Student Services - (585) 292-2127
    • Kristen Love, Deputy Coordinator, Student Services - (585) 292-2193
    • Katie Nicholas, Deputy Coordinator, Athletics - (585) 292-2858
    • Vilma Patterson. Deputy Coordinator, Student Services, DCC - (585) 262-1740
    • Christopher Piro. Deputy Coordinator, Public Safety - (585) 292-2912
    • David Salvatore. Deputy Coordinator, Public Safety - (585) 292-2912
    • MCC Public Safety, Brighton – Bldg. 21, Room 140 - (585) 292-2912
    • MCC Public Safety, DCC – 4th floor or 5th floor - (585) 262-1414
To file a criminal complaint with MCC Public Safety and/or with local law enforcement and/or state police:
    • MCC Public Safety, Brighton – Bldg. 21, Room 140 - (585) 292-2912
    • MCC Public Safety, DCC – 4th floor or 5th floor - (585) 262-1414
    • Brighton Police Department (BPD), 2300 Elmwood Ave., Rochester, NY 14618 - (585) 784-5150 or 911
    • Rochester Police Department (RPD), 185 Exchange Blvd., Rochester, NY 14614 - 911
    • RPD Victim Assistance Unit, 185 Exchange Blvd., Rochester, NY 14614 - (585) 428-6630
    • Monroe County Sheriff’s Office – Zone B, 245 Summit Point Dr., Henrietta, NY 14467 - (585) 753-4400
    • NYS Police 24-Hour Hotline to report sexual assault on a college campus - 1(844) 845-7269
To receive assistance by Public Safety in initiating legal proceedings in family court or civil court.
    • MCC Public Safety, Brighton – Bldg. 21, Room 140 - (585) 292-2912
    • MCC Public Safety, DCC – 4th floor or 5th floor - (585) 262-1410
To file a report of sexual assault, domestic violence, dating violence, and/or stalking, and/or talk to the Title IX Coordinator for information and assistance. Reports will be investigated in accordance with Monroe Community College policy and the Reporting Individual’s identity shall remain private at all times if said Reporting Individual wishes to maintain privacy. If a Reporting Individual wishes to keep his/her identity anonymous, he or she may call the Title IX Coordinator to anonymously discuss the situation and available options.
    • Kristin Lowe, Title IX Coordinator, Title IX - (585) 292-2108
    • Melissa Fingar, Assistant Title IX Coordinator, Human Resources - (585) 292-2117
When the accused person is an employee, a Reporting Individual may also report the incident to the Monroe Community College Office of Human Resources or may request that one of the above referenced confidential or private employees assist in reporting to Human Resources. Disciplinary proceedings will be conducted in accordance with applicable collective bargaining agreements. When the accused person 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 college policy.
    • Melissa Fingar, Assistant Title IX Coordinator, Human Resources - (585) 292-2117
You may withdraw your complaint or involvement from the Monroe Community College process at any time.

At the first instance of disclosure by a Reporting Individual to a college representative, the following information shall be presented to the Reporting Individual:
    You have the right to make a report to Public Safety, local law enforcement, and/or State Police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution.
b) Resources

To obtain effective intervention services:

On-Campus Resources

Health ServicesBldg., 3, Room 165(585) 292-2018
Counseling ServicesBldg. 3, Room 103(585) 292-2030
MCC Public SafetyBrighton – Bldg. 21, Room 140
DCC – 4th floor or 5th floor
Brighton – (585) 292-2912
DCC – (585) 262-1414

There is no fee for MCC students for Health Services or Counseling Services.

Sexual contact can transmit Sexually Transmitted Infections (STI) and may result in pregnancy. Testing for STIs and emergency contraception is available through:

Off-Campus Resources

Monroe County Department of Health 855 W. Main St., Bullshead Plaza, Rochester, NY 14611(585) 753-5481
Free clinic
Planned Parenthood of Rochester114 University Ave., Rochester, NY 14605 (585) 546-2595
Testing fees apply

Additional Off-Campus Resources

Strong Memorial Hospital 601 Elmwood Ave., Rochester, NY 14642(585) 275-2100
Highland Hospital1000 South Ave., Rochester, NY 14620(585) 473-2200
Rochester General Hospital1425 Portland Ave., Rochester, NY 14621(585) 922-4000
RESTORE Sexual Assault Services1 Mt. Hope Ave., Rochester, NY 1462024-Hour Hotline
(585) 546-2777
Willow Domestic Violence Center24-Hour Hotline
(585) 222-SAFE
Gay Alliance of Genesee Valley100 College Ave, #100, Rochester, NY 14607(585) 244-8640
RAINN (Rape, Abuse & Incest National Network)24-Hour Hotline
(800) 656-HOPE

Within 96 hours of an assault, you can get a Sexual Assault Forensic Examination (commonly referred to as a rape kit) at a hospital. While there should be no charge for a rape kit, there may be a charge for medical or counseling services off campus and, in some cases, insurance may be billed for services. You are encouraged to let hospital personnel know if you do not want your insurance policyholder to be notified about your access to these services.

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 may be reviewed.or found by calling 1(800) 247-8035.

To best preserve evidence, victims/survivors should avoid showering, washing, changing clothes, combing hair, drinking, eating, or doing anything to alter physical appearance until after a physical exam has been completed.

c) Protection and Accommodations
    1. When the accused person is a student, to have the college issue a “No Contact Order,” consistent with college policy and procedure, meaning that continuing to contact the protected individual is a violation of college policy subject to additional conduct charges.
        a. If the Accused Student and a protected person observe each other in a public place, it is the responsibility of the Accused Student to leave the area immediately and without directly contacting the protected person.
        b. Both the Accused Student/Respondent and Reporting Individual may request a prompt review of the need for and terms of a No Contact Order, consistent with Monroe Community College policy. Parties may submit evidence in support of their request. If appropriate, Monroe Community College can make a schedule for parties who seek to use the same facilitates without running afoul of the No Contact Order.
    2. To have assistance from Monroe Community College Public Safety or other college officials in initiating legal proceedings in family court or civil court, including but not limited to obtaining an Order of Protection or, if outside of New York State, an equivalent protective or restraining order.
    3. To receive a copy of the Order of Protection or equivalent and have an opportunity to meet or speak with a college official who can explain the order and answer questions about it, including information from the Order about the Accused Student’s responsibility to stay away from the protected person(s); that burden does not rest on the protected person(s).
    4. To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension.
    5. To have assistance from Monroe Community College Public Safety in effecting an arrest when an individual violates an Order of Protection or, if outside of New York State, an equivalent protective or restraining order within the jurisdiction of Monroe Community College Public Safety or, if outside of the jurisdiction, to call on and assist local law enforcement in effecting an arrest for violating such an order.
    6. When the accused person is a student and presents a continuing threat to the health and safety of the community, to have the Accused Student subject to interim suspension pending the outcome of a conduct process.
        a. Parties may request a prompt review of the need for and terms of an interim suspension. Parties may submit evidence in support of their request.
    7. When the accused person is not a student but is a member of the college community and presents a continuing threat to the health and safety of the community, to subject the accused person to interim measures in accordance with applicable collective bargaining agreements, employee handbooks, and Monroe Community College policies and rules.
    8. When the accused person is not a member of the college community, to have assistance from Monroe Community College Public Safety or other college officials in obtaining a persona non grata letter, subject to legal requirements and college policy.
    9. To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to ensure safety, prevent retaliation, and avoid an ongoing hostile environment.
        a. Parties may request a prompt review of the need for and terms of any interim measures and accommodations that directly affect them. Parties may submit evidence in support of their request. While Reporting Individuals may request accommodations through any of the offices referenced in this policy, the following office can serve as a point to assist with these measures:
Kristin LoweTitle IX CoordinatorTitle IX(585) 292-2108
    d) Student Conduct Process for Sexual Misconduct Cases

    A Reporting Individual may request that student conduct charges be filed against the Accused Student. Conduct proceedings are governed by the procedures set forth in the Monroe Community College Student Handbook as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions.

    Throughout conduct proceedings, the Respondent and the Reporting Individual will have:
      1. The same opportunity to be accompanied by an advisor of their choice who may assist and advise the parties throughout the conduct process and any related hearings or meetings. Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct.
      2. The right to a prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the Respondent, including the right to a presumption that the Respondent is “not responsible” until a finding of responsibility is made, and other issues related to sexual assault, domestic violence, dating violence, and stalking.
      3. The right to an investigation and process conducted in a manner that recognizes the legal and policy requirements of due process (including fairness, impartiality, and a meaningful opportunity to be heard) and is not conducted by individuals with a conflict of interest.
      4. The right to receive advance written or electronic notice of the date, time, and location of any meeting or hearing they are required to or are eligible to attend. Accused Student will also be told the factual allegations concerning the violation, a reference to the specific code of conduct provisions alleged to have been violated, and possible sanctions.
      5. The right to have a conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than 10 days except when law enforcement specifically requests and justifies a longer delay.
      6. The right to offer evidence during an investigation and to review available relevant evidence in the case file (or otherwise held by Monroe Community College).
      7. The right to present evidence and testimony at a hearing, where appropriate.
      8. The right to a range of options for providing testimony via alternative arrangements, including telephone/videoconferencing or testifying with a room partition.
      9. The right to exclude prior sexual history with persons other than the other party in the conduct process or their own mental health diagnosis or treatment from admittance in college disciplinary stage that determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary stage that determines sanction.
      10. The right to ask questions of the decision maker and via the decision maker indirectly request responses from other parties and any other witnesses present.
      11. The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.
      12. The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the decision, any sanction, and the rationale for the decision and any sanctions.
      13. The right to written or electronic notice about the sanction(s) that may be imposed on the Accused Student based upon the outcome of the conduct proceeding. For students found responsible for Sexual Assault - Rape, the available sanctions are suspension with additional requirements before re-enrollment or expulsion/dismissal.
      14. Access to at least one level of appeal of a determination before a panel, which may include one or more students, that is fair and impartial and does not include individuals with a conflict of interest.
      15. The right to have access to a full and fair record of a student conduct hearing, which shall be preserved and maintained for at least five years.
        Amy GreerDir. of Student Rights & ResponsibilitiesStudent Services(585) 292-2127
      16. The right to choose whether to disclose or discuss the outcome of a conduct hearing. The right to have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel makes a final determination unless otherwise required by law.
    The College will conduct a timely review of all complaints of domestic violence, dating violence, sexual assault, and/or stalking. Absent extenuating circumstances, review and resolution is expected to take place within sixty (60) calendar days from receipt of the complaint. All deadlines and time requirements in the Student Code of Conduct may be extended for good cause, as determined by the Vice President for Student Services. 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 five (5) business/school days.
      Options for Confidentially Disclosing Sexual Violence

      The State University of New York and Monroe Community College want you to get the information and support you need regardless of whether you would like to move forward with a report of sexual violence to campus officials or to police. You may want to talk with someone about something you observed or experienced, even if you are not sure that the behavior constitutes sexual violence. A conversation where questions can be answered is far superior to keeping something to yourself. Confidentiality varies, and this policy is aimed at helping you understand how confidentiality applies to different resources that may be available to you.

      a) Privileged and Confidential Resources

      Individuals who are confidential resources will not report crimes to law enforcement or college officials without your permission, except for extreme circumstances, such as a health and/or safety emergency. At MCC, this includes:

      On-Campus Resources

      Donna Mueller, Director, Health ServicesBldg. 3, Room 165(585) 292-2510
      Aubrey Zamiara, Interim Dir., Counseling & Disability ServicesBldg. 1, Room 231(585) 292-2140
      E. Jamall Watkins, Asst. Dir., Counseling ServicesBldg. 3, Room 103(585) 292-2030
        Off-Campus Resources

        Off-campus options to disclose sexual violence confidentially include (note that these outside options do not provide any information to the College):

        Off-campus counselors and advocates. Crisis services offices will generally maintain confidentiality unless you request disclosure and sign a consent or waiver form. More information on an agency’s confidentiality policies may be obtained directly from the agency.

        RESTORE Sexual Assault Services1 Mt. Hope Ave., Rochester, NY 1462024-Hour Hotline
        (585) 546-2777
        RAINN (Rape, Abuse & Incest National Network)24-Hour Hotline
        (800) 656-HOPE
        Willow Domestic Violence Center24-Hour Hotline
        (585) 222-SAFE

        Off-campus medical providers. The hospitals listed below offer Sexual Assault Forensic Examinations:

        Strong Memorial Hospital601 Elmwood Ave., Rochester, NY 14642(585) 275-2100
        Highland Hospital1000 South Ave., Rochester, NY 14620(585) 473-2200
        Rochester General Hospital1425 Portland Ave., Rochester, NY 14621(585) 922-4000

        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 funds. More information may be found.

        Even individuals who can typically maintain confidentiality are subject to exceptions under the law, including when an individual is a threat to him or herself or others and the mandatory reporting of child abuse.

        b) Privacy versus Confidentiality

        Even Monroe Community College offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide 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. Monroe Community College will limit the disclosure as much as possible, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

        c) Requesting Confidentiality: How Monroe Community College Will Weigh the Request and Respond

        If you disclose an incident to a Monroe Community College employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to the institution’s request to initiate an investigation, the Title IX Coordinator must weigh your request against the College’s obligation to provide a safe, non-discriminatory environment for all members of the community, including you.

        The College will assist with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of your reporting choices. While Reporting Individuals may request accommodations through several college offices, the following office can serve as a primary point of contact to assist with these measures:

        Kristin LoweTitle IX CoordinatorTitle IX(585) 292-2108

        We also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify you or the situation you disclosed.

        We may seek consent from you prior to conducting an investigation. You may decline to consent to an investigation, and that determination will be honored unless the Monroe Community College’s failure to act does not adequately mitigate the risk of harm to you or other members of the Monroe Community College community. Honoring your request may limit our ability to meaningfully investigate and pursue conduct action against an accused individual. If we determine that an investigation is required, we will notify you and take immediate action as necessary to protect and assist you.

        When you disclose an incident to someone who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality, Monroe Community College will consider many factors to determine whether to proceed despite that request. These factors include, but are not limited to:
            • whether the accused person 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 person will commit additional acts of violence
            • whether the accused person used a weapon or force
            • whether the Reporting Individual is a minor
            • whether we possess other means to obtain evidence such as security footage
            • whether the report reveals a pattern of perpetration at a given location or by a particular group
          If Monroe Community College determines that it must move forward with an investigation, the Reporting Individual or victim/survivor will be notified and Monroe Community College will take immediate action as necessary to protect and assist them.

          d) Public Awareness/Advocacy Events

          If you disclose a situation through a public awareness event such as “Take Back the Night,” candlelight vigil, protest, or other public event, Monroe Community College is not obligated to begin an investigation. Monroe Community College may use the information you provide to inform the need for additional education and prevention efforts.

          e) Anonymous Disclosure

          Silent Witness Hotline (585) 292-3636

          Additionally, you may call the New York State Hotline for Sexual Assault and Domestic Violence at 1-800-942-6906.
            f) Institutional Crime Reporting:

            Reports of certain crimes occurring in certain geographic locations will be included in the Monroe Community College Clery Act Annual Security Report in an anonymized manner that neither identifies the specifics of the crime or the identity of the Reporting Individual or victim/survivor. Questions about institutional crime reporting may be directed to Public Safety.

            MCC Public SafetyBrighton – Bldg. 21, Room 140
            DCC – 4th floor or 5th floor
            Brighton – (585) 292-2912
            DCC – (585) 262-1414

            Monroe Community College is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when potentially compromising law enforcement efforts and when the warning itself could potentially identify the Reporting Individual or victim/survivor). A Reporting Individual will never be identified in a timely warning.

            The Family Educational Rights and Privacy Act (FERPA) allows institutions to share information with parents when (1) there is a health or safety emergency, or (2) when the student is a dependent on either parents’ prior year federal income tax return. Generally, Monroe Community College will not share information about a report of sexual violence with parents without the permission of the Reporting Individual.

            Policy for Alcohol and/or Drug Use Amnesty in Sexual and Interpersonal Violence Cases

            The health and safety of every student at the State University of New York and its State-operated and community colleges is of utmost importance. Monroe Community College 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.

            Monroe Community College strongly encourages students to report incidents of domestic violence, dating violence, stalking, or sexual assault to institution 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 Monroe Community College officials or law enforcement will not be subject to Monroe Community College’s code of conduct action for violations of 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.
              Policy for Transcript Notations

              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 (including, murder; rape, fondling, incest and statutory rape; robbery; aggravated assault; burglary; motor vehicle theft; manslaughter; and arson), Monroe Community College shall make a notation on the transcript of students found responsible after a conduct process that they were:
              “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” For the Respondent who withdraws from Monroe Community College while such conduct charges are pending, and declines to complete the disciplinary process, Monroe Community College shall make a notation on the transcript of such students that they “withdrew with conduct charges pending.”

              For the full policy, including information about how to appeal a transcript notation, please refer to the Transcript Notation Policy in the Regulations and Policies section of the current college catalog.

                Reporting Aggregate Data to NYSED

                As required by law Monroe Community College will annually report to the NYS Education Department the following information:
                  a) Number of domestic violence, dating violence, stalking, and sexual assault incidents that were reported to the Title IX Coordinator each year.
                  b) From the incidents in paragraph (a), the number of Reporting Individuals who wanted to use the student conduct process for adjudication.
                  c) From the incidents in paragraph (a), the number of cases that were actually processed through the student conduct process.
                  d) From the incidents in paragraph (c), the number of Respondents who were found responsible.
                  e) Number of Respondents in cases in paragraph (c) who were found not responsible.
                  f) Type(s) of sanction(s) imposed for each instance where a Respondent was found responsible.
                  g) From the incidents in paragraph (a), the number of cases closed before adjudication or before finding because the Accused Student/Respondent withdrew from the institution.
                  h) From the incidents in paragraph (a), the number of cases closed before adjudication or before finding because the Reporting Individual withdrew the complaint.
                Campus Climate Assessment Policy

                Climate assessments afford institutions the opportunity to better understand their campus and to make informed decisions when it comes to providing a safe educational environment. Beginning in the 2015-2016 academic year, each State University of New York State-operated and community college will conduct a uniform climate survey that ascertains student experience with and knowledge of reporting and college adjudicatory processes for sexual harassment, including sexual violence, and other related crimes.

                The survey will address student and employee knowledge about:
                  • Title IX Coordinator’s role
                  • campus policies and procedures addressing sexual assault
                  • how and where to report sexual violence as a victim/survivor or witness
                  • availability of resources on and off campus, such as counseling, health, and academic assistance
                  • prevalence of victimization and perpetration of sexual assault, domestic violence, dating violence, and stalking on and off campus during a set time period
                  • bystander attitudes and behavior
                  • whether victims/survivors reported to the College and/or police, and reasons why they did or did not report
                  • general awareness of the difference, if any, between the institution’s policies and the penal law
                  • general awareness of the definition of affirmative consent
                Every institution shall take steps to ensure that answers remain anonymous and that no individual is identified. Results will be published on the campus website providing no personally identifiable information shall be shared.

                A standardized survey that uses established measurement tools will be used. The survey will be implemented every two years by all SUNY state-operated and community colleges. This policy may be changed by the Chancellor or designee should federal and/or state legislation require a different process or duplicate efforts to assess campus climate via survey.