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I. Introduction

All members of the Hamilton College community are expected to conduct themselves in a manner that does not infringe upon the rights of others. Hamilton seeks to provide an environment in which students, faculty, staff, and guests can work, study, and enjoy the College community without experiencing Sexual Misconduct. When such actions are brought to its attention, the College is committed to providing prompt and thorough responses to actions that adversely impact, or have the potential to adversely impact, the educational or workplace environment of any member of the Hamilton community.

The College strongly encourages all members of its community to report any prohibited act of Sexual Misconduct which they experience (including sexual assault, dating violence, domestic violence, stalking, sexual harassment, sexual exploitation and/or related retaliatory behavior, as more fully defined in Article IV) to the College and to immediately seek appropriate support and health care. In addition, many College employees are considered Responsible Employees who are required to report instances of Sexual Misconduct that they are made aware of to the Title IX Director (see Article IV, Responsible Employees). The College also encourages all community members to contribute to the creation of a safe, welcoming, and respectful environment on campus. This includes taking reasonable and prudent actions to prevent or stop an act of Sexual Misconduct. Taking action may include direct intervention when safe to do so, enlisting the assistance of friends, contacting law enforcement, or seeking assistance from a person in authority. Community members who choose to positively intervene will be supported by the College and protected from retaliation.

This Policy has been developed to provide recourse for individuals who believe their rights have been violated, and serves as a means to determine, after the fact and with fairness to all involved, if specific behaviors constitute violations of this Policy.

Any individual who has experienced Sexual Misconduct has the right to make a report to local law enforcement, and/or the New York State Police, or choose not to report; to report the incident to the Title IX Director; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from the College.

This Policy describes support resources and accommodations available to members of the Hamilton community who experience Sexual Misconduct, whether or not that individual decides to pursue a formal report on campus.  See Article VIII, Supportive Measures, and Article XXI, Options for Immediate Assistance.

When a community member (i.e., a current student or member of the faculty or staff) decides to make a formal report of an incident of Sexual Misconduct involving another community member, Hamilton will use the procedures outlined below (see Articles X and XI) to take reasonable, prompt, equitable, and appropriate action to respond. When a guest or other non-College community member decides to make a formal report, or a community member makes a formal report involving a guest or non-College community member, the process in Article XII will apply. For purposes of this Policy, a formal report by a former student about an incident involving another community member which occurred while that former student was a current student, will be processed under this Policy in the same manner as a formal report by a current student (though the procedures to be utilized will depend on the status of the Respondent(s) at the time the report is processed). 

II. Scope of Policies

III. Title IX Director

The Title IX Director is:

  • responsible for oversight of the investigation and resolution of all reports of Sexual Misconduct;

  • knowledgeable and trained in relevant state and federal laws and the College’s policies and procedures;
  • available to advise any individual, including a Complainant (defined below), a Respondent (defined below), or a third party, about the courses of action and resources available at the College, both informally and formally, and the courses of action and resources available externally, including reports to law enforcement;
  • available to provide assistance to any Hamilton community member regarding how to respond appropriately to reports of Sexual Misconduct;
  • responsible for monitoring full compliance with all requirements and timelines specified in this Policy; and
  • responsible for compiling and maintaining required reports.

Hamilton’s Interim Title IX Director is Rachel Koegel (315-859-4245 or rkoegel@hamilton.edu or titleix@hamilton.edu).

IV. Definitions

The following definitions outline the types of Sexual Misconduct prohibited under this Policy and identify the individuals and processes involved in the investigation of and response to allegations of those prohibited acts. The term “Sexual Misconduct” is an umbrella term used in this Policy to more conveniently refer to any form of conduct prohibited by this Policy. To be covered under this Policy, the conduct, or its effects, must have a connection to the College and/or the College community. Prohibited Sexual Misconduct includes conduct that falls within the definition of Title IX Prohibited Conduct or Non-Title IX Prohibited Conduct.

V. Protection from Retaliation

Hamilton prohibits Retaliation against individuals who pursue complaints or who are otherwise involved in any of the processes outlined in this Policy. The College views Retaliation as a serious violation of this Policy that is subject to the same range of sanctions and responsive action as Sexual Misconduct. (Retaliation is defined in Article IV).

VI. Privacy and Confidentiality

Hamilton encourages the reporting of acts of Sexual Misconduct in order to help the College respond effectively to conduct that negatively impacts the safety of the community. The College also recognizes the importance of privacy and confidentiality. The following section describes how the College will maintain privacy while pursuing a complaint of Sexual Misconduct, and how it will respond to requests for confidentiality. (Information about confidential resources can be found in Article XXI)

 

VII. Rights of Parties

VIII. Supportive Measures; Emergency Removal

 

IX. Amnesty Related to Other Policy Violations

The health and safety of every student at the College is of utmost importance. Hamilton 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 sexual harassment, sexual exploitation, sexual assault, domestic violence, dating violence, or stalking, occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Hamilton strongly encourages students to report incidents of sexual harassment, sexual exploitation, sexual assault, domestic violence, dating violence, or stalking to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of sexual harassment, sexual exploitation, sexual assault, domestic violence, dating violence, or stalking to College officials or law enforcement will not be subject to College code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the sexual harassment, sexual exploitation, sexual assault, domestic violence, dating violence, or stalking.

Persons cooperating by furnishing information in good faith in connection with College processes under this Policy (whether as Complainants, Respondents, or witnesses), or in connection with law enforcement proceedings arising out of reported incidents of Sexual Misconduct, will not be subject to College code of conduct action for violations of alcohol and/or drug use policies, or other minor conduct offenses (i.e., those that can be expected to result in sanctions no more than probationary status) based on their conduct occurring at or near the time of a reported incident of Sexual Misconduct.

Additionally, individuals can report anonymously through their smart phones using the Reach Out App.

Report Anonymously


X. Informal Resolution

In cases where a formal complaint (as described in Article XI) has been filed, but where the Title IX Director and HSMB Chair determine that mediation or a restorative justice process may be appropriate, the Title IX Director will first consult with the Complainant about the option to pursue one of these alternative processes. If the Complainant is agreeable, then the Title IX Director will consult with the Respondent to discuss the mediation or restorative justice process. If both parties are agreeable to the proposed informal resolution process, mediation or a restorative justice process will be coordinated by the Title IX Director. Either party or the College may discontinue the informal resolution process at any time. The mediator or restorative justice facilitator will report to the Title IX Director and the HSMB Chair the results of the process, which are subject to the acceptance of the Title IX Director.

In implementing an informal resolution the College will:

  • Provide to the parties a written notice disclosing: the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the formal resolution process with respect to the formal complaint, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;
  • Obtain the parties’ voluntary, written consent to the informal resolution process.

The College will not use informal resolutions to resolve allegations that an employee sexually harassed a student.


XI. Formal Resolution Procedures

In cases of alleged Sexual Misconduct under this Policy, where an informal resolution is not used or if used is not successful, the following process will apply. This process may involve the Chair of the HSMB, the appropriate Senior Staff Member, the Title IX Director, an Investigator(s), and a Hearing Officer and/or the Review Panel. In the event the Complainant, Respondent, Chair of the HSMB, or Title IX Director identifies a conflict of interest involving the Chair or the Title IX Director, the appropriate Senior Staff Member will appoint another member of the HSMB to oversee the process.

 

XII. Guests and Non-College Community Members

The College expects all guests to be able to participate in its programs and offerings (to the extent otherwise appropriate) without experiencing Sexual Misconduct related to those programs and offerings. The College also expects guests and other non-community members to not engage in such conduct towards others in the context of those programs and offerings.

If guests or other non-community members believe they have been subjected to Sexual Misconduct by a member of the College community in connection with a College program or offering, they may request that the conduct be addressed pursuant to the applicable process under this Policy.

If College community members believe they have been subjected to Sexual Misconduct by a guest or other non-community member in connection with a College program or offering, they should make a report to the Title IX Director, who will work with Campus Safety or other College officials to conduct an appropriate investigation. The officials will report their findings to the Title IX Director for action. The decision of the Title IX Director in such matters will be final.


XIII. Conflicts

If the Title IX Director determines that a legitimate conflict of interest exists between an Investigator(s), Hearing Officer, or a member of the Review Panel and a party to a complaint, the Title IX Director, in consultation with the Chair of the HSMB, will appoint a replacement. In the event the Complainant, Respondent, Chair of the HSMB, or Title IX Director identifies a conflict of interest involving the Chair or the Title IX Director, the appropriate Senior Staff Member will appoint another member of the HSMB to oversee the process.

If a complaint is made against the President, or a member of the Board of Trustees, it will go to the Chair of the Board of Trustees (or the Vice Chair of the Board of Trustees if the charge is against the Chair), who may appoint different individuals to any role under this Policy as the Chair (or Vice Chair) deems appropriate to ensure a fair and appropriate process.


XIV. Coordination with Other Policies

A particular situation may potentially invoke one or more College policies or processes. The Title IX Director, in consultation with other College officials, reserves the right to determine the most applicable policy or process and to utilize that policy or process.


XV. Records

The Title IX Director shall keep on file in the Title IX office for seven years the following written documentation:

  • Each Sexual Misconduct investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript made in connection with a formal resolution, any disciplinary sanctions imposed on the Respondent, and any remedies provided to the Complainant designed to restore or preserve equal access to the College’s education program or activity;
  • Any appeal and the result therefrom;
  • Any informal resolution and the result therefrom; and
  • Any materials used to train the Title IX Director, investigators, decision-makers, and any person who facilitates an informal resolution process. The College will make these training materials publicly available on its website.

For each report of potential Sexual Misconduct made to the Title IX Director, the College will create records of any actions, including any supportive measures, taken in response to a report or formal complaint of Sexual Misconduct. In each instance, the College will document the reason for actions taken, and document that it has taken measures designed to restore or preserve equal access to the College’s education program or activity. If the College does not provide a party with requested supportive measures, then the College will document the reasons for that decision. The College will maintain these records for seven (7) years.


XVI. Training

The College will ensure that Title IX Director, investigators, decision-makers, and any person who facilitates an informal resolution process, receive training on the following aspects of the Policy:

  • The definitions of prohibited conduct;
  • The scope of the College’s education program or activity;
  • How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable;
  • The effects of trauma;
  • How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; and
  • The rights of the Respondent (including the right to a presumption that the Respondent is “not responsible” until a finding of responsibility is made).

The College will ensure that decision-makers receive training on

  • any technology to be used at a live hearing, and
  • issues of relevance of questions and evidence, including when questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant.

The College will ensure that investigators receive training on:                      

  • conducting investigations of Sexual Misconduct, and
  • issues of relevance to create an investigative report that fairly summarizes relevant evidence.


XVII. Annual Report

At the end of each academic year, the Title IX Director shall prepare a report that will include the number of notices of alleged Sexual Misconduct, the kinds of behaviors that gave rise to complaints during that academic year, and the final resolution of those complaints. The Title IX Director will make the annual report public at the beginning of the next academic year. The report shall not mention the name of any individual or contain identifying details of any case.

XVIII. Counsel

Any College administrator or official when involved in the implementation of this policy (e.g., HSMB member, Senior Staff Member, Director of Human Resources, etc.) may seek the advice of, and share information with, the College’s legal counsel through the Title IX Director.


XIX. Policy Amendment

Members of the community may suggest Policy changes to members of the HSMB or the Title IX Director. Final policy changes, other than updates to contact information included in this policy, are to be approved by the President of the College. Unless otherwise provided in the amendment, amendments to this Policy will become effective upon approval.


XX. Inquires Related to This Policy and Title IX

The College encourages members of the Hamilton community to bring any and all questions or concerns about this Policy and/or Title IX to the Interim Title IX Director: Rachel Koegel (315-859-4245 or rkoegel@hamilton.edu or titleix@hamilton.edu).

Members of the Hamilton community may submit inquiries or complaints concerning Title IX to the U.S. Department of Education’s Office for Civil Rights:

U. S. Department of Education, Office for Civil Rights New York Office
32 Old Slip, 26th Floor
New York, New York 10005-2500
Phone: 646-428-3800
Fax: 646-428-3843
Email: OCR.NewYork@ed.gov

OCR National Headquarters
U. S. Department of Education

Office of Civil Rights, Customer Service Team
Mary E. Switzer Building
330 C. Street, S.W.
Washington, D. C. 20202
Phone: 800-421-3481
Fax: 202-205-9862

Inquiries involving employees may also be referred to:

New York State Division of Human Rights
Office of Sexual Harassment
55 Hanson Place, Suite 347
Brooklyn, New York 11217
Phone: 718-722-2060 or 1-800-427-2773
Fax: 718-722-4525

U.S. Equal Employment Opportunity Commission National Headquarters
131 Main Street NE Fourth Floor Suite 4NW02F
Washington, D.C. 20507
Phone: 202-663-4900
Fax: 202-663-4912

U.S. Equal Employment Opportunity Commission
New York District Office
33 Whitehall Street, 5th Floor
New York, New York 10004
Phone: 1-800-669-4000
Fax: 212-336-3790
TTY: 1-800-669-6820


XXI. Options for Immediate Assistance

On Campus Support Resources

The Counseling Center (315-859-4340) is a confidential resource, available 24-hours a day/7 days a week, whose staff can provide students emotional support and information about reporting options.

The Health Center (315-859-4111) is a confidential resource for students whose staff provides medical assistance, and can share information about reporting options. After hours, Emergency Medical Technicians (EMTs) are available (reached through Campus Safety at 315-859-4000).

The Chaplains (315-859-4130) are confidential resources for students and employees whose staff can provide pastoral counsel, emotional support, and information about reporting options. Visit the Chaplaincy site to learn how to contact individual staff in the Chaplaincy.

Employee Assistance Program (EAP) (1-800-834-3947) through BRiDGES is a confidential resource for employees regarding issues ranging from alcohol and drug abuse to financial and legal concerns. Appointments with a BRiDGES EAP professional are available 8 a.m. until 5 p.m. Monday through Friday with evening hours on Tuesday. Call 315-697-3949 or 1-800-834-3947 during working hours and a staff member will assist in booking an appointment and/or answering any of your questions. A 24-hour answering machine is also available after hours to provide callers with the numbers for crisis services or to take messages. An employee or a family member may attend up to five sessions unless a referral to a community provider is recommended.

Campus Safety (315-859-4000) is available to students and employees 24 hours a day, 7 days a week to respond to any community concern. Campus Safety will notify the Title IX Director after responding to a call related to alleged Sexual Misconduct. Campus Safety is not a confidential resource; however, every effort will be made to maintain privacy.

The College’s Title IX Director, Rachel Koegel (315-859-4245 or rkoegel@hamilton.edu or titleix@hamilton.edu), is also available to students and employees as a resource. Talking with the Title IX Director about a specific incident of Sexual Misconduct constitutes a report under this Policy to which the College must respond, although this does not necessarily mean that the College will take action if the Complainant does not wish for action to be taken (see Article IV, Privacy and Confidentiality). However, general conversations or questions about Hamilton’s processes can remain private. The Title IX Director can provide information about all resources available to individuals who have experienced Sexual Misconduct, including where to obtain emergency mental health services and health care. The Title IX Director can review and determine the immediate academic and administrative accommodations that can be made to protect a Hamilton community member who has experienced Sexual Misconduct. The Title IX Director can also advise about options for reporting, including the option to report to local law enforcement, to initiate the on-campus resolution procedures, to do both, or to do neither. The Title IX Director will provide guidance and assistance through the process of reporting on- and/or off-campus. She can be reached at 315-859-4245 or after hours for emergencies through Campus Safety at 315-859-4000.

Off Campus Support Resources

YWCA Rape Crisis Services (315-797-7740) is an anonymous hotline available to provide counsel as well as in-person assistance getting to a hospital or the police. If requested, YWCA Rape Crisis Service may also provide victim advocacy services.

Help Restore Hope Center (855-966-9723) coordinates Sexual Assault Nurse Examiner (SANE) services for medical attention (injuries from a sexual assault are not always immediately apparent) and collecting physical evidence (a “rape kit”) at a regional hospital. The College strongly encourages any individual who has experienced sexual violence to obtain a rape kit, which is critical: (1) to diagnose and treat the full extent of any injury or physical effect and (2) to properly collect and preserve evidence. There is a limited window of time (typically up to 72 to 96 hours) following an incident of sexual assault to preserve physical and other forms of evidence. Gathering such evidence does not commit an individual to pursuing legal action against the assailant, but does preserve that option. Although it may be difficult following a sexual assault, individuals who are considering or may consider legal action should try not to shower, rinse mouth, brush teeth or change clothes to allow for the maximum possible collection of evidence by a SANE nurse or other health care provider.

Hospitals are confidential resources and are not required to report any non-identifying information to the College or to anyone else. However, hospitals providing care to individuals reporting sexual assault are required to:

  • collect and maintain the chain of custody of sexual assault evidence for not less than 30 days unless the patient signs a statement directing the hospital not to collect it;
  • advise the individual seeking medical treatment related to sexual assault of the availability of the services of a local rape crisis or victim assistance organization to accompany the individual through the sexual offense examination;
  • contact a rape crisis or victim assistance organization providing assistance to the geographic area served by that hospital to establish the coordination of non-medical services to individuals reporting sexual assault who request such coordination and services; and
  • provide emergency contraception upon the patient’s request.

Even if an individual who has experienced sexual violence does not have injuries requiring emergency attention, the College encourages that individual to seek medical care as soon as possible, whether at the Health Center or another health care provider or hospital. A medical evaluation is still important to check for physical injuries, reduce risk of complications from sexually transmitted diseases as a result of the assault, and/or (if appropriate) reduce risk of pregnancy.

In most instances, any health care provider will encourage an individual reporting Sexual Misconduct to authorize collection of evidence. For individuals who seek initial medical treatment at the Health Center and decide to proceed with evidence collection, the individual may be escorted to Oneida Health or Community Memorial Hospital (as designated by Help Restore Hope) by Campus Safety or may choose to travel by taxi (the College will provide a voucher) to any chosen medical provider. A Complainant can receive follow-up health care at the Health Center or the chosen health care provider or hospital.

Law Enforcement

The College encourages anyone who is a victim of Sexual Misconduct to pursue criminal action for incidents that may also be crimes under applicable criminal statutes. The New York State Police Campus Sexual Assault Victim Unit’s 24-hour Hotline (1-844-845-7269) or the Oneida County Sheriff (315-736-0141) can assist with pressing criminal charges following an incident in New York.

Contact

Interim Director of Title IX & Civil Rights Compliance

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