INTERIM SEXUAL MISCONDUCT POLICY

VII. Resources & First Response Support Options

Overview

The Colleges are committed to treating all members of our community with dignity, care, and respect. Any individual affected by sexual violence or harassment—whether as a Complainant, a Respondent or a third party—will have equal access to support and counseling services through the Colleges. The Colleges recognize that deciding whether to make a report and choosing how to proceed can be difficult decisions, and thus encourage any individual who has questions or concerns to seek the support of campus and community resources. Professionals on campus can provide information about available resources and procedural options and assist any party with a report and/or resolution under this Policy. The Colleges encourage individuals to use all available resources, regardless of when or where the incident occurred.

Emergency Support Services in the Event of a Sexual Assault

The Colleges encourage all individuals to seek assistance from a medical provider and law enforcement as soon as possible after a sexual assault. These options are the best way to obtain physical safety, emotional support, and medical care; they also ensure preservation of evidence and to facilitate a timely investigation and remedial response. Of course, it is always the student’s decision to make and the Colleges will support whatever decision is made.


You can call Safe Harbors for support on the crisis hotline—800.247.7273—24 hours a day, 7 days a week. Safe Harbors will accompany anyone seeking health care after an incident of sexual violence.


Campus Safety and Law Enforcement

We encourage students to report all sexual assaults to the Geneva Police Department or New York State Police and Campus Safety.

The Colleges and law enforcement will provide assistance 24 hours a day, 365 days a year. The Colleges (often Campus Safety) will escort any Colleges’ community member to a safe place, provide transportation to the hospital, assist in coordination with law enforcement, assist individuals in obtaining a civil order of protection, and provide information about the Colleges’ resources and complaint processes. Any individual can request that Campus Safety and/or the Geneva Police Department or New York State Police respond and take a report by calling:

  • Campus Safety at extension 3333 or 315.781.3333
  • Geneva Police Department at 315.789.1111¹
    • Note that the response time for any call to 911 will be longer due to the location of law enforcement assigned to respond to 911 calls. Please call the Geneva Police Department directly if you need a more immediate response.
  • New York State Police dedicated 24-hour campus sexual assault hotline at 1-844-845-7269

Emergency Health Care

Individuals who have experienced sexual violence can also call Hubbs Health Center or any local medical provider² of their choice for confidential emergency care.

The Colleges will ensure that victims of sexual violence are not charged for the cost for emergency health care provided to them.

  • Hubbs Health Center staff will provide free, confidential medical consultations for students. Students can reach Hubbs Health Center by:
    • visiting the Center at 119 St. Clair Street on campus; and/or
    • calling 315.781.3600 between 8:30 a.m. and 7:30 p.m., Monday through Friday, 1:00 pm to 5:00 pm, Sunday.

NOTE: Hubbs Health Center does not have staff certified in sexual assault forensic examination (commonly referred to as a “rape kit”), but F.F. Thompson Hospital in Canandaigua does. The Colleges encourage any individual who has experienced sexual assault to obtain such an exam.

  • F.F. Thompson Hospital, located at 350 Parrish Street in Canandaigua (or at 315.396.6000)

For EMERGENCIES that occur when Hubbs Health Center is closed or if the student prefers not to go to Hubbs Health Center, students should:

  • Call the Geneva Police Department at 315.789.1111
  • Call Campus Safety at extension 3333 or 315.781.3333;
  • Proceed directly to F.F. Thompson Hospital in Canandaigua, located at 350 Parrish Street in Canandaigua (or at 315.396.6000); or
  • Proceed directly to Geneva General Hospital in Geneva, located at the junction of North Main and North Streets in Geneva (or call at 315.787.4500). NOTE: Geneva General does not have staff certified in sexual assault forensic examination (commonly referred to as a “rape kit”), but F.F. Thompson Hospital in Canandaigua does. The Colleges encourage any individual who has experienced sexual assault to obtain such an exam.

Rape Kits

F.F. Thompson staff includes a Sexual Assault Forensic Examiner Nurse (sometimes referred to as a Sexual Assault Nurse Examiner). SAFE/SANE nurses provide free medical care for victims of sexual assault, and are specially trained in conducting sexual assault exams and collecting and preserving forensic evidence of the assault for possible prosecution of the alleged perpetrator.

SAFE/SANE Nurse:
F.F. Thompson Hospital
360 Parrish Street
Canandaigua, N.Y. 14424
315.396.6000

Such a medical exam (commonly referred to as a “rape kit”) has two goals: (1) to diagnose and treat the full extent of any injury or physical effect, and (2) to properly collect and preserve evidence. The exam may include testing and prophylactic treatment for HIV/AIDS, STIs, and pregnancy; a vaginal examination; collecting fingernail scrapings and/or clippings; examining for injuries; and drawing blood. In order to preserve evidence, a rape exam must be completed within a limited timeframe after the assault (typically 48 hours). Gathering such evidence does NOT commit an individual to pursuing legal action against the alleged perpetrator, 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 or change clothes to allow for the maximum possible collection of evidence by a SAFE nurse or other health care provider.

While hospitals are not required to report any non-identifying information to the Colleges or to anyone else, 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 visible injuries requiring emergency attention, the Colleges encourage that individual to seek medical care as soon as possible, whether at Hubbs Health Center, F.F. Thompson, or Geneva General. The primary purpose of the medical evaluation is 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.

Please know that, in most instances, any health care provider will likely encourage an individual reporting sexual assault to authorize collection of evidence. For individuals who seek initial medical treatment at Hubbs Health Center and agree to evidence collection, the individual will be escorted to the nearest hospital by Campus Safety or will be escorted to a taxi (the Colleges will provide a voucher) to be transported to the chosen medical provider. Hubbs Health Center will provide follow-up medical care, as will F.F. Thompson and Geneva General Hospitals.

Emergency Mental Health Support

Any individual who has experienced sexual violence may speak with a Center for Counseling and Student Wellness (“CCSW”) counselor at any time. CCSW is located at 91 St. Clair Street in Geneva. During an after-hours mental health EMERGENCY, call Campus Safety at 315.781.3333 to reach the counselor on call. When school is in session, an on-call counselor is available 24 hours a day, 7 days a week. Students can also access the on-call counselor by contacting their Resident Assistant or Area Coordinator or by calling Campus Safety at 315.781.3333. A student who contacts Campus Safety need only provide a first name and telephone number, and ask the dispatcher to have the counselor return the call to the number provided.

You can reach CCSW during normal business hours (9:00 a.m. to 12:00 noon, 1:15 to 5:00 p.m.) at 315.781.3388.

The Colleges also maintain a relationship with Safe Harbors, Inc., a local rape crisis and relationship violence support agency. Safe Harbors offers free, confidential crisis counseling; support groups; support during medical exams; and advocacy and guidance in reporting sexual violence to local police and in navigating the judicial process. Individuals who have experienced sexual violence can:

  • Call Safe Harbors for support 24 hours a day, 7 days a week on the crisis hotline: 800.247.7273
  • Call Safe Harbors for support during business hours at 315.781.1093
  • Visit Safe Harbors’ website at http://safeharborsfl.org/

Confidential Resources and Support

The Colleges encourage individuals who have experienced sexual violence to get needed support and to enable the Colleges to respond appropriately. This section of the Policy is intended to make members of the HWS community aware of the various reporting and confidential disclosure options available to them to enable informed choices about reporting sexual violence. The Colleges strongly encourage all individuals who have experienced sexual violence to talk to someone identified in one or more of the groups below.

In making the decision to speak with someone to get support or information, it is important to understand that different members of the campus community have different abilities to maintain confidentiality.

  • Some employees are required to maintain near complete confidentiality, and thus talking to these individuals is sometimes called a “privileged communication
    • These individuals are professional counselors, pastoral counselors, and health care professionals and the staff working with these professionals.
  • Other employees are required to report all the details of an incident (including the identities of both the person who comes to them and the alleged perpetrator) to the Title IX Coordinator. A report to these employees—responsible employees—constitutes a report to the Colleges and generally obligates the Colleges to investigate the incident and take appropriate steps to address the situation. All employees with supervisory and leadership responsibilities on campus are considered “responsible employees.” These employees are faculty, coaches, administrators, Resident Assistants, and student Orientation staff.

On-Campus Privileged and Confidential Communications

Professional licensed counselors and pastoral counselors who provide mental health counseling to members of the campus community (and including those who act in that role under the supervision of a licensed counselor) are not required to report any information about an incident to the Title IX Coordinator without the permission of the individual seeking support.³ However, the Colleges expect all such counselors to inform individuals of their options for on- and off-campus reporting of the sexual violence incident triggering the report.

a. Professional Counselors

There are number of counselors on staff at the Center for Counseling and Student Wellness (“CCSW”), which is located at 91 St. Clair Street in Geneva. The phone number during normal business hours (9 a.m. to 12 noon, 1:15 p.m. to 5 p.m.) is 315.781.3388. For after-hours mental health emergencies, individuals should call Campus Safety at 315.781.3333. When school is in session, an on-call counselor is available 24 hours a day, 7 days per week. Students can access the on-call counselor by contacting their Resident Assistant or Area Coordinator or by calling Campus Safety at 315.781.3333. A student contacting Campus Safety provides a first name and telephone number, and asks the dispatcher to have the counselor return the call.

b. Pastoral Counselors

Individuals can confidentially report sexual violence to the Chaplain or any staff in the Colleges’ Office of Religious Life located at St. John’s Chapel, 630 S. Main Street in Geneva and/or by calling 315.781.3670. Reach Maurice Charles, Chaplain, at charles@hws.edu

c. Health Services

Hubbs Health Center staff will provide free, confidential medical consultations for students. Students can visit the Health Center at 119 St. Clair Street in Geneva and/or by calling 315.781.3600 between 8:30 a.m. and 7:30 p.m., Monday through Friday, 1:00 pm to 5:00 pm, Sunday.

Neither Hubbs Health Center nor Geneva General has staff certified to conduct a sexual assault forensic examination. However, F.F. Thompson has Sexual Assault Nurse Examiners on staff with specialized training in conducting sexual assault exams and collecting and preserving forensic evidence.

For emergencies that occur while the Health Center is closed, students should call Campus Safety at ext. 3333 or 315.781.3333 or proceed directly to F.F. Thompson Hospital in Canandaigua or Geneva General Hospital in Geneva.

d. Staff in the Offices of CCSW, Hubbs Health Center, and the Office of Religious Life

Any other individual who works or volunteers in CCSW, Hubbs Health Center, or the Office of Religious Life can talk to a reporting student without any obligation to reveal to the Colleges any information about an incident. Assistance and support from employees or volunteers at CCSW, Office of Religious Life, and Hubbs Health Center will not trigger an investigation that could reveal the reporting individual’s identity or that the individual has disclosed the incident.

Off-Campus Confidential Reporting

Off-campus counselors, advocates, and health care providers will also generally maintain confidentiality and not share information unless the reporting individual requests the disclosure and signs a consent or waiver form.

a. Counselors and Advocates

Safe Harbors (http://safeharborsfl.org/) is a local rape crisis center that offers free, confidential crisis counseling; support groups; support during medical exams; and advocacy and guidance in reporting sexual violence to local police and in navigating the judicial process. Individuals can call Safe Harbors for support 24 hours a day, 7 days a week on the crisis hotline: 800.247.7273. (During business hours, individuals can also call 315.781.1093.)

Employees may also avail themselves of confidential counseling at Family Counseling Service of the Finger Lakes, Inc. through the Colleges’ Employee Assistance Program. Family Counseling Service will provide confidential counseling to eligible employees and their families (http://www.fcsfl.org/index.html). Employees can reach the Family Counseling Service as follows:

  • Visit the office at 671 South Exchange Street, Geneva
  • Call 315.789.2613 or 1.877.789.2613 (toll free)

Family Counseling Service of the Finger Lakes, Inc. also maintains a 24 hour, 7 day a week domestic violence hotline with trained staff and volunteers for support and crisis counseling, and to assist in emergencies. The hotline number is 1.800.695.0390. All services are confidential (with the exception of revelations of child abuse, homicide, or suicide).

b. Health Care

Students can also seek medical treatment at the F.F. Thompson Hospital Emergency Room, located at 350 Parrish Street in Canandaigua. F.F. Thompson staff includes a Sexual Assault Nurse Examiner (sometimes referred to as a Sexual Assault Forensic Examiner Nurse), specially trained in conducting sexual assault exams and collecting and preserving forensic evidence. The phone number for F.F. Thompson is 315.396.6000.

Students can also seek medical treatment at the Geneva General Hospital Emergency Room, located at the junction of North Main and North Streets in Geneva. The phone number for Geneva General is 315.787.4500. Geneva General Hospital does not have a Sexual Assault Nurse Examiner (sometimes referred to as a Sexual Assault Forensic Examiner Nurse) on staff.

Limitations Associated with Confidential Reporting

An individual who speaks to an on-campus professional, chaplain, or, health care provider must understand that, if the individual wants to maintain confidentiality, the Colleges may be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator. Even so, the on-campus counselors, chaplain, and health care providers will still assist the student in receiving and locating other necessary protection and support, such as victim advocacy, academic support or accommodations, disability, health or mental health services, and changes to living, working, or course schedules. An individual who at first requests confidentiality may later decide to report the incident to local law enforcement and/or file a complaint with the Colleges. These on-campus counselors and health care providers will provide the student with assistance if the individual wishes to take further or formal action on- or off-campus.

Please note that, while on-campus professional counselors, the chaplain, and health care providers may maintain a reporting individual’s confidentiality with respect to further reporting to the Colleges, their ability to maintain confidentiality may be limited in the following circumstances:

  • If a counselor or health care provider believes that the individual seeking resources or support or someone else is in clear and imminent danger of harm, the counselor is legally obligated to take steps to ensure safety. In such situations, the counselor or health care professional is permitted to breach confidentiality in order to obtain necessary help from appropriate resources, which may include administrators, medical staff, and/or the student’s family.
  • Under certain circumstances, if an individual provides information indicating that a minor (someone under 18 years old) is being abused or has been sexually assaulted, the counselor or health care provider is legally required to notify proper authorities.
  • In addition to mandated reporting requirements, there may be other circumstances in which a counselor or health care provider may decide it is necessary and/or appropriate to notify the minor’s parents.
  • In rare cases, a court order or subpoena may require a counselor or health care provider to disclose information.

If the Colleges determine that the alleged perpetrator(s) poses a serious and ongoing threat to the Colleges’ community, the Colleges may decide to issue a timely warning to the community. However, any such warning will not include any information that identifies the reporting student.

Education and Prevention Programs

The Colleges are committed to educating and promoting community awareness about the prevention of sex discrimination and harassment, sexual harassment, sexual violence, stalking, intimate partner violence, and sex- or gender-based harassment that does not involve conduct of a sexual nature. Using a variety methods and offices, the Colleges will offer programs to promote awareness and prevention of such issues throughout the year. Prevention programs will include an overview of the Colleges’ policies and procedures, relevant definitions (including prohibited conduct, discussion of the impact of alcohol and illegal drug use, effective consent), and information about bystander intervention and risk reduction.

The Colleges’ Title IX Coordinator oversees the education and prevention calendar, tailoring programming to campus needs and climate. Incoming first-year students and new employees will receive primary prevention and awareness programming as part of their orientation. Returning students and employees will receive ongoing training on a periodic basis. All educational programs include a review of resources and reporting options available for students, faculty, and staff.

¹ Upon receipt of an emergency call, GPD will notify Campus Safety that it is responding to campus, and Campus Safety will also respond, often before GPD given Campus Safety's proximity.

² Under certain circumstances, a health care provider may be required to notify law enforcement of a sexual assault committed against a minor as discussed in Appendix B.

³ Under certain circumstances, a psychologist or mental health counselor may be required to notify law enforcement of a sexual assault committed against a minor as discussed in Appendix B.

Preparing Students to Lead Lives of Consequence.