Volume II: Campus Community

2.1 Sexual Misconduct, Domestic/Dating Violence and Stalking

2.1 Sexual Misconduct, Domestic/Dating Violence and Stalking

As an institution of higher education that promotes the rights and safety of all members of the campus community, Ithaca College requires that individuals treat one another with respect, dignity, and fairness.  In an intimate relationship, these values are of paramount importance.  Sexual misconduct, which is prohibited under this policy, includes a broad range of behavior such as inappropriate touching, sexual exploitation, sexual intercourse without consent and other forms of sexual violence. Some forms of sexual misconduct may be a crime.  Sexual misconduct, as defined in this policy, may violate Title IX of the Higher Education Amendments of 1972 and/or the Violence Against Women Act (VAWA) and New York State Education Law.  Such violations will not be tolerated by the College.  This policy provides procedures for reporting, investigating and adjudicating sexual misconduct.  It applies to all members of the College community, including the College’s students, faculty, and staff, and applies regardless of one’s sexual orientation, gender, gender identity, or gender expression.  A Bill of Rights specific to students of the College is included in the following paragraph.  Non-community members (e.g. alumni, family or friends of students, vendors, etc.) visiting campus or participating in any College program or activity are expected to abide by the behavioral expectations of this policy.   Individuals found in violation of this policy will be subject to appropriate disciplinary action, up to and including termination of employment of employees and suspension or expulsion of students.

2.1.1 Students’ Bill of Rights related to Sexual Assault, Dating Violence, Domestic Violence and Stalking*

All students have the right to:               

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

*More information about filing a report and options for confidential disclosure is available on the College’s SHARE website at www.ithaca.edu/SHARE

2.1.2 Definition of Sexual Misconduct, Domestic/Dating Violence and Stalking

Sexual Misconduct

Sexual misconduct is a term used by this policy to refer to all forms of inappropriate sexual communication or behavior, including that which takes the form of sexual harassment, nonconsensual sexual activity, sexual exploitation, as well as dating violence, domestic violence, and stalking which impacts or has the potential to impact the educational or employment environment of any member of the College community.  Under this policy, the College will consider the effects of off-campus conduct when evaluating whether an individual has been subjected to a hostile environment on campus.  While sexual misconduct can be a criminal offense under New York State law, a person’s conduct may violate the College’s prohibition against sexual misconduct even if it does not rise to the level of a violation of State law. Sexual misconduct can be committed by males or by females, and it can occur between people of the same or different sex.

Sexual harassment is a form of sexual misconduct.  For information regarding sexual harassment, see the College’s Policy on Sexual Harassment at Section 2.6 of the Policy Manual.

Non-consensual sexual activity includes any of the following:

  1. Sexual Assault: : Sexual assault is sexual penetration, no matter how slight, without consent and is further sub-defined by the following:
    1. 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, forcibly or without consent or where the victim is incapable of consent due to mental or physical incapacity. 
    2. Statutory Rape.  Non-forcible sexual intercourse with a person who is under the statutory age of consent.
  2. Non-Consensual Sexual Contact: Any intentional touching, however slight, for purposes of sexual gratification or with sexual intent, with an object or bodily part, by a person upon another person that is without consent.
  3. Sexual Exploitation: When one takes non-consensual sexual advantage of another.  Examples of sexual exploitation include but are not limited to observing or recording others engaged in sexual or private activity (such as undressing or showering) without the consent of all involved; or taking intimate pictures of another but then distributing the pictures to others without the photographed person’s consent; acts of incest; engaging in sexual activity with another while knowingly infected with a sexually transmitted disease (STD) without informing the other person of such infection or exposing one’s genitals in non-consensual circumstances.

Dating Violence

Dating violence refers to physical violence (hitting, punching, kicking, etc.), threats of violence or acts of physical intimidation or coercion committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

Domestic Violence

Domestic violence refers to physical violence, threats of violence or acts of physical intimidation or coercion between spouses or former spouses, cohabitating romantic partners or individuals who were formerly cohabitating romantic partners, individuals who share a child in common, or others in a family relationship.

Stalking

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress.  Stalking behavior includes but is not limited to repeated, intentional following or observing another; or using “spyware” or other electronic means to gain impermissible access to a person’s private information.

2.1.2.1  Affirmative Consent for Sexual Activity

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.

  1. 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.
  2. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
  3. Consent may be initially given but withdrawn at any time.
  4. 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.
  5. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
  6. When consent is withdrawn or can no longer be given, sexual activity must stop.  

Consent can be given by word or action.  Consent given verbally is evidenced by affirmative agreement to engage in specific sexual activity.  Consent through action is active participation in the specific sexual activity.  Silence in the absence of actions demonstrating permission cannot be presumed to be consent.  Past consent to sexual activity cannot be presumed to be consent to engage in the same sexual activity in the future, and consent can be withdrawn at any time. Sexual activity as the result of coercion is non-consensual.  Coercion is a threat, undue pressure, or intimidation to engage in sexual activity.

Certain conditions prevent a person from being able to consent.  These conditions include being asleep, unconscious, physically or mentally helpless, disoriented or unable to understand what is happening for any reason, including due to alcohol or drugs, or is under the age of 17.  A person will be considered unable to give consent if he or she cannot understand the details of a sexual interaction (who, what, when, where, how).  A person who has been drinking or using drugs is still responsible for any violation of this policy that he/she commits.  This means that, even if the accused was under the influence of alcohol or other drugs and, as a result, he/she did not realize that the other person was not consenting to or was unable to consent to sexual activity, the person who committed the non-consensual act is still responsible for having violated this policy. 

Sexual relationships between faculty and students and staff and students are problematic due to the inherent power differential.  Therefore, sexual or romantic relationships between faculty and students and between staff and students are absolutely prohibited.

2.1.3  Effect of Criminal Proceedings

A victim of a crime, including Sexual Misconduct, is encouraged to, but is not required to, report the incident to law enforcement and pursue criminal charges. If you want to pursue criminal charges related to an incident occurring on campus, you may contact the Office of Public Safety.  For assistance in making a report of a crime that took place off campus, you may contact the local police department directly. The criminal process and the College’s disciplinary processes are not mutually exclusive or dependent on each other, meaning that a person may pursue either a criminal complaint or internal complaint with the College or both.  An individual’s decision to file a report with criminal authorities may result in some delay in any internal College investigation, so as not to interfere with evidence gathering by law enforcement, but College procedures will resume as soon as possible.  In addition, the College will cooperate with any criminal proceedings as permitted by law.

 

2.1.4   Reporting Sexual Misconduct

Any College student, staff member, or faculty member who has been the victim of sexual misconduct is encouraged to seek support and assistance from within or outside the College. It is important to remember that the reporting of such acts provides the College and the community with the opportunity to identify the person responsible and address the factors that might prevent such an occurrence in the future. Reporting a sexual offense quickly is important to preserving evidence that may be necessary to prove the offense occurred. Ithaca College provides medical, psychological, investigative, and other support services to assist victims of rape or other acts of sexual misconduct in dealing with the inevitable repercussions of such a traumatic event.

Ithaca College employees who become aware that a student has been a victim of sexual misconduct including sexual harassment or assault, domestic or dating violence, or stalking are encouraged to report these incidents to the college’s Title IX coordinator.  However, only the following individuals are REQUIRED to report incidents to the Title IX Coordinator.

Office Responsible Positions/Titles
All Faculty* All Faculty
School of Business* Dean, Assistant Dean
School of Communications* Dean, Associate Deans
School of Heath Sciences and Human Performance* Dean, Associate Deans
School of Humanities and Sciences* Dean, Assistant Dean, Associate Dean
School of Music* Dean, Associate Dean
Public Safety and Emergency Management Any Staff Member
Residential Life Director and All Staff
 Residence Halls  Directors and All Staff
Judicial Affairs Assistant Director
Student Affairs and Campus Life Associate Provosts and All Staff
Athletics  Athletic Director and All Staff
Student Engagement and Multicultural Affairs Directors and Staff
Student Accessibility Services  Manager, Student Accessibility Specialists
All Student Groups All Faculty Advisors
All Offices with Student Employees All Direct Supervisors to Student Employees

*Faculty and Dean's offices are not required to report incidents disclosed by students within required class writing assignments. 

2.1.4.1 Reporting Individuals have a right to:

  1. Notify the Office of Public Safety, local law enforcement, and/or state police;
  2. Have emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a reporting individual to provide information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible, and detailing that the criminal justice process  utilizes  different  standards  of  proof  and evidence and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney. Such official shall also explain whether he or she is authorized to offer the reporting individual confidentiality or privacy, and shall inform the reporting individual of other reporting options;
  3. Disclose confidentially the incident to institution representatives, who may offer confidentiality pursuant to applicable laws and can assist in obtaining services for reporting individuals;
  4. Disclose confidentially the incident and obtain services from the state or local government;
  5. Disclose the incident to institution representatives who can offer privacy or confidentiality, as appropriate, and can assist in obtaining resources for reporting individuals;
  6. File a report of sexual assault, domestic violence, dating violence, and/or stalking and the right to consult the Title IX Coordinator and other appropriate institution representatives for information and assistance. Reports shall be investigated in accordance with institution policy and a reporting individual's identity shall remain private at all times if said reporting individual wishes to maintain privacy;
  7. Disclose, if the accused is an employee of the institution, the incident to the institution's human resources authority or the right to request that a confidential or private employee assist in reporting to the appropriate human resources authority;
  8. Receive assistance from appropriate institution representatives in initiating legal proceedings in family court or civil court; and
  9. Withdraw a complaint or involvement from the institution process at any time.

2.1.4.2  On-Campus Confidential Resources

A victim of sexual misconduct is encouraged to seek support for his/her emotional and physical needs. Whether or not you decide to file a formal complaint with the College or pursue legal action through local law enforcement, immediate psychological and medical support is available through various confidential resources.  Contacting any of these confidential resources in no way commits you or precludes you from those other courses of action. A report to a Confidential Resource is not a report to the College and will not result in remedial action or an investigation or disciplinary action. Any individual who desires remedial action (such as a change in housing, academic or work assignments) or wishes to seek disciplinary action against the respondent must contact one of the Responsible Administrators listed below. Reporting individuals will receive the following notice:

"You have the right to make a report to university police or campus security, 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.”

A student seeking confidential emotional or medical care may contact the following resources:

Center for Counseling & Psychological Services (No fee) 607-274-3136                                     

J. David Hammond Center for Student Health Services 

(no fee, except for over-the-counter medications and certain specialized lab testing)

  • LGBT Education, Outreach & Services:  607-274-7394
  • Center for Health Promotion:  607-7933

607-274-3177

 

Campus Chaplains and Ministers (No fee)

  • 607-274-3184 for Catholic Community

  • 607-274-3323 for Jewish Community

  • 607-274-3185 for Protestant Community

607-274-3103 

​2.1.4.3  Off-Campus Confidential Resources

Confidential reports of any form of sexual misconduct can be made to off-campus resources, including:

The Advocacy Center

(No fee)

24-hour hotline:  607-277-5000

Office: 607-277-3203

Cayuga Medical Center 

(Health services may incur fees, unless covered by NYS Crime Victims Board)

607-274-4411

101 Dates Drive, Ithaca, NY

Tompkins County Mental Health Services Center

(Health services incur fees on a sliding scale based on ability to pay):

Office: 607-274-6200

 

Suicide Prevention & Crisis Center 

(No fee)

National Hotline:  800-273-“TALK” [8255] (No fee.)

Local Hotline: 607-272-1616 (No fee.)

New York State Hotline for Sexual Assault and Domestic Violence

(No fee)

Hotline:  800-942-6906

 

New York State Office of Victim Services 

(No fee)

800-247-8035

2.1.4.4  On-Campus Non-Confidential Resources:  Responsible Administrators

An individual may make a formal complaint to any one of the Responsible Administrators listed below.  These individuals have been trained to receive and respond to allegations of sexual misconduct. 

Linda Koenig, Title IX Coordinator 607-274-7761; lkoenig@ithaca.edu
Tiffany Valentin, Deputy Title IX Coordinator 607-274-7755; tvalentin@ithaca.edu
Maggie Wetter, Deputy Title IX Coordinator 607-274-1105; mwetter@ithaca.edu
Michelle Manning, Deputy Title IX Coordinator for Athletics 607-274-5708; mmanning@ithaca.edu
Delphia Howze, Director of Employee Relations 607-274-1509; dhowze@ithaca.edu

A Responsible Administrator is not a confidential resource. Complaints can be made to any of the Responsible Administrators by those who have been the victim of a violation of this policy, by a third party on a victim’s behalf or anonymously.  While certain other employees may also have a reporting obligation, if a complaint is made to anyone other than one of the Responsible Administrators listed above, the complainant risks the possibility that it will not come to the attention of the proper College officials and may, therefore, not be acted upon.  For purposes of this policy, faculty are not considered Responsible Administrators.  In addition, unless a report is made to someone listed as a Confidential Resource, confidentiality cannot be assured. The decision to file a formal complaint with the College in no way restricts you from also filing criminal charges.

A Responsible Administrator will discuss with the complainant available avenues and options.  A complainant may be able to take advantage of multiple options simultaneously.  Options include contacting law enforcement (if the incident involves a crime) and/or pursuing disciplinary action against the accused and/or mediation.  In situations where the complainant’s well-being requires, other options may include immediate remedial action, such as no-contact orders directing the respondent to have no contact with the complainant, changes in class assignments, residence hall assignments, transportation arrangements, or work assignments to assist the complainant in avoiding contact with the respondent, or other measures to enhance the complainant’s safety, such as escorts or increased monitoring of an area. 

2.1.4.5  Confidentiality

If an individual makes a report to a Responsible Administrator, one still has the right to make an anonymous report; to request that the College maintain the report as confidential (i.e., not reveal his/her identity); and/or to request that the College not conduct an investigation or that action not be taken against an alleged perpetrator. Even Ithaca 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 for the Title IX Coordinator to investigate and/or seek a resolution. If a complainant requests that his/her name be kept confidential (or if the complainant makes an anonymous complaint), the College’s ability to respond to the complaint may be limited.  While the College endeavors to comply with the complainant’s wishes, it is not required to honor these requests. The College may take proactive steps, such as training or awareness efforts, to combat domestic violence, dating violence, stalking or sexual assault in a general way that does not identify those who disclose or the information disclosed. Depending on the circumstances, this may or may not be possible.  The College may, in appropriate circumstances, decide it must move forward with an investigation and/or disciplinary processes.  In making such a determination the College must consider its obligation to provide a safe, non-discriminatory environment for all students and employees.  The College has designated the Title IX Coordinator as the individual who will evaluate any requests for confidentiality. 

The College will seek consent from the complainant prior to conducting an investigation. To determine whether to investigate despite the complainant’s request no to do so, the College will consider a range of factors, including, but not limited to:

  • The severity and impact of the sexual misconduct;
  • The respective ages of the parties;
  • Whether the complainant is a minor under the age of 18;
  • Whether the respondent has admitted to the sexual misconduct;
  • Whether there have been other sexual violence or harassment complaints about the respondent;
  • Whether the respondent has a history of arrests or records from a prior school indicating a history of violence;
  • Whether the respondent threatened further sexual violence or other violence against the victim or others;
  • Whether the sexual violence was committed by multiple respondents;
  • Whether the sexual violence was perpetrated with a weapon; and
  • The overall safety of the campus community (including the complainant).

If the College determines that an investigation is required, it will immediately notify the reporting individuals and take immediate action as necessary to protect them.

If an individual discloses information through a public awareness event such as “Take Back the Night,” candlelight vigils, protests, or other public event, the College will not begin an investigation without further request from the reporting individual. The College may use the information provided to inform the need for additional education and prevention efforts.

2.1.4.6 Interim Measures

When a report of sexual misconduct, domestic/dating violence, or stalking is made, individuals will be provided with the following protections or accommodations:

A. No-Contact Orders:

  • Will be consistent with College policies and procedures, whereby continued intentional contact with the reporting individual will be a violation of the conduct code subject to additional conduct charges; if the accused or respondent and a reporting individual observe each other in a public place, it shall be the responsibility of the accused or respondent to leave the area immediately and without directly contacting the reporting individual. Both the accused or respondent and the reporting individual shall, upon request and consistent with institution policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of a no contact order, including potential modification, and shall be allowed to submit evidence in support of his or her request. Institutions may establish an appropriate schedule for the accused and respondents to access applicable campus buildings and property at a time when such buildings and property are not being accessed by the reporting individual;

B. To be assisted by the Office of Public Safety, or other officials in obtaining an order of protection or, if outside of New York State, an equivalent protective or restraining order;

C. To receive a copy of the order of protection or equivalent when received by the College and have an opportunity to meet or speak with a representative of the College, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the accused's responsibility to stay away from the protected person or persons;

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

E. To receive assistance from the Office of Public Safety in effecting an arrest when an individual violates an order of protection or  calling on local law enforcement to effect an arrest for violating such an order  (this accommodation will in no way limit current law enforcement jurisdiction and procedures);

F. When the accused or respondent is a student determined to present a continuing threat to the health and safety of the community, to subject the accused or respondent to interim suspension pending the outcome of a judicial or conduct process consistent with this article and the Summary Suspension Policy (section 7.1.2.7.3 of the Student Conduct Code). Both the accused or respondent and the reporting individual shall, upon request and consistent with the Summary Suspension Policy, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension, including potential modification, and shall be allowed to submit evidence in support of his or her request;

G. When the accused 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 to interim measures in accordance with applicable collective bargaining agreements, employee handbooks, and rules and policies of the College;

H. 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 help ensure safety, prevent retaliation and avoid an ongoing hostile environment, consistent with the College's policies and procedures and coordinated by the Title IX Coordinator or designee. Both the accused or respondent and the reporting individual shall, upon request and consistent with the College's policies and procedures, 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 him or her, and shall be allowed to submit evidence in support of his or her request.

Interim actions may be taken by the College to immediately respond to a situation. Interim actions may include but are not limited to no-contact orders directing the accused to have no contact with the complainant (further detail is provided below), changes in class assignments, residence hall assignments, transportation arrangements, or work assignments to assist the complainant in not having to interact with the accused, or other measures to enhance the complainant’s safety, such as escorts or increased monitoring of an area. The College also provides for the use of a "safe room," if available, for short periods of time whenever a victim needs or wishes to be relocated immediately from the residence hall room. The College may impose a suspension from the campus or parts of the campus, or may impose academic residential changes, pending the outcome of an investigation and disciplinary proceeding.  The College will review the facts and circumstances of each case, as well the complainant’s wishes, in deciding whether and what steps are reasonable and appropriate. 

2.1.5  Investigations and Disciplinary Proceedings 

If a report alleges a plausible violation of this policy, the College will conduct an investigation.  An investigation may occur because a complainant wishes to proceed with a complaint, or because the College determines that this is necessary despite the wishes of the complainant.  

Every student has the right to request that student conduct charges be filed against the accused in accordance with the requirements outlined in the Student Conduct Code 7.1.2.

The College endeavors to ensure that complaints are responded to in a prompt, fair and impartial manner. The investigation is usually performed by one or more of the Responsible Administrators listed above, but the College may appoint any appropriate person(s) to conduct the investigation.  The complainant and the respondent will be given an equal opportunity to present information in the context of the investigation.  An investigation usually involves interviews of witnesses and reviewing relevant documentation. 

This policy applies campus-wide and sets forth behavioral expectations for all.  However, the applicable investigatory and disciplinary procedure that will be applied in a particular case depends on whether the accused is a student, a faculty member, an employee, or a non-community member.  If a complaint is made under this policy, the following will apply:

  • A complaint against a student will be referred to the Office of Judicial Affairs (607-274-3375) and processed in accordance with the Student Conduct Code (Section 7.1.2 of the Policy Manual).
  • A complaint against a faculty and/or staff member will be processed in accordance with the Discrimination Complaint Resolution Policy (Section 2.7 of the Policy Manual).
  • A complaint against a non-community member (e.g., a visitor to campus, an alumnus, a vendor, a parent, etc.) will be investigated but no formal procedure applies.  The College may opt to ban the non-community member from College property or take other appropriate responsive measures.  The complainant and respondent will be notified in writing of the outcome of such a complaint.

In cases where the individual has more than one status with the College (such as a student who is also employed with the College, or any employee who takes courses at the College), the College will determine in its discretion which status is primary; in such a situation, sanctions imposed may include both sanctions related to each status. A non-member of the College community may make a report that a College community member has violated this policy.  A non-community member’s complaint will be processed in accordance with the applicable disciplinary procedure (above).

The complainant and respondent may be accompanied by an advisor of choice (at the party’s own expense, if the advisor is a paid advisor) during any investigatory meeting, disciplinary hearing or other proceeding held pursuant to this policy.  If the complaint involves a sexual assault, domestic or dating violence, or stalking, the advisor may be an attorney.  The advisor cannot be a witness in the proceedings.  They are a silent and non-participating presence who is there solely to observe, consult with and provide moral support to the complainant or respondent.  The advisor may not disrupt or distract from the meeting or proceeding. They are not permitted to address or otherwise make any direct statements to the witnesses, investigators, hearing panel or any other adjudicators. An advisor who does not abide by this role may be precluded from further participation in any meetings, hearings or proceedings, and the College will proceed in the advisor’s absence.

The complainant and respondent will have an equal opportunity to present relevant information and evidence.  The College may proceed with a complaint, including an investigation and through to a disciplinary outcome, even if the complainant and/or respondent elect not to participate.

The standard for decisions in disciplinary proceedings is a preponderance of the evidence, meaning that it is more likely than not a violation of this policy occurred.  Both parties will receive simultaneous written notice of outcomes of all disciplinary proceedings, to the extent permitted by law.  Both the complainant and respondent will have the right to appeal pursuant to the applicable disciplinary procedures identified above.  The College endeavors to complete the investigatory phase and disciplinary proceeding within 60 days, but this timeframe may be extended if necessary under the circumstances.

2.1.5.1  Sanctions

The possible sanctions that can be imposed as a result of determination of responsibility for a violation of this policy follow the same range of sanctions available for any policy violation at Ithaca College. The College reserves the right to summarily remove an individual from College housing or from the College campus pending a judicial hearing when such action is necessary to ensure the protection and welfare of the College community.

2.1.6  Retaliation

The College prohibits retaliation against any individual who files a good-faith complaint or assists or participates in good-faith any manner in an investigation or proceeding conducted by the College or an external agency.  Any retaliation is subject to disciplinary action, up to and including expulsion/termination.  Complaints of retaliation will be handled pursuant to the applicable disciplinary procedure (above).

2.1.7  Amnesty When Reporting Violent Crimes

The health and safety of every student at the Ithaca College is of utmost importance. Ithaca 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.  Ithaca College strongly encourages students to report 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 Ithaca College officials or law enforcement will not be subject to Ithaca 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.

2.1.8  Clery Act Compliance

The College is required to include for statistical reporting purposes the occurrence of certain incidents in its Annual Security Report (ASR).  Names of individuals involved in incidents are not reported or disclosed in ASRs.  In the case of an emergency or ongoing dangerous situation, the College will issue a timely warning to the campus unless issuing such a warning may compromise current law enforcement efforts or when issuing the warning itself could potentially identify the reporting individual.  In such circumstances, the name of the alleged perpetrator may be disclosed to the community, but the name of the victim/complainant will not be disclosed.

2.1.9  Coordination with Other Policies

A particular situation may potentially invoke one or more College policies or processes.  The College reserves the right to determine the most applicable policy or process and to utilize that policy or process.  

Other policies that may be relevant to reports of sexual misconduct, domestic violence, dating violence, or stalking, include, but are not limited to:

  • FERPA
  • Timely Warning Policy
  • Student Conduct Code

 

Last Updated: October 15, 2015