Hobart and William Smith Colleges

Options After an Experience of Sexual Misconduct

The information on this page details the paths, or options, available to HWS community members as they choose how to proceed after an experience of sexual misconduct.

Please note the difference between confidential and private reporting resources:

Confidential Reporting	Private Reporting
Disclosures made to a confidential reporting resource will remain confidential except in circumstances involving imminent danger to self or others. On this page, confidential reporting resources are indicated by an asterisk *	Private reports of Prohibited Conduct will only be shared with limited employees of the Colleges who need to know to assist in the review in the review, investigation, and resolution of the complaint; and implementation of supportive measures.

Path 1: Seeking Support

*Safe Harbors of the Finger Lakes is a local rape crisis and domestic violence center that provides free and confidential support and advocacy for anyone who has experienced sexual assault, sexual abuse, or interpersonal violence. Safe Harbors offers a 24/7 hotline at 1-800-247-7273. Students can also text Safe Harbors at 315-719-2427 Monday Friday 8:30 a.m. 4:30 p.m.

*HWS Counseling Center (315-781-3388) offers free and confidential services for students including crisis hours Monday Friday 9:00 a.m. 12:00 p.m. and 1:30 p.m. 4:30 p.m. during the academic year. For after-hours emergencies, call Campus Safety at 315-781-3333 and ask to speak to the crisis manager. You do not have to give your name. Students can schedule appointments online via the Counseling Center website.

*Office for Spiritual Engagement (315-781-3671) staff members serve as confidential support resources.

Title IX Office (315-781-3922) depending on the situation and individual involved, may offer supportive measures including:

• Academic accommodations (schedule changes, potential assignment extensions, etc.)
• Change in housing arrangement
• No contact orders
• Other measures to ensure safety

*NexGen Employee Assistance Program (EAP) Counseling Services (1-800-327-2255) offers confidential counseling for eligible HWS employees and their families.

Path 2: Seeking Treatment

*F.F. Thompson Hospital located at 350 Parrish St., Canandaigua, NY is available at 585-396-6000. A Sexual Assault Nurse Examiner is available 24/7 at F.F. Thompson to provide a SANE exam, which includes preserving evidence and providing prophylactic medication and testing. Advocates from Safe Harbors can accompany individuals to the SANE exam. Campus Safety can assist with transportation to F.F. Thompson and individuals are not obligated to disclose to Campus Safety in order to receive transportation.

*Hubbs Health Center (315-781-3600) offers services designed for all minor injuries and unexpected illness, and there is no fee to students for a general visit to Hubbs. Available services also include urinalysis to test for gonorrhea and chlamydia, HIV testing, HSV (herpes) and syphilis tests, swab cultures including pap smears, and pelvic exams. Please note that all STI tests are sent to Geneva General Hospital for analysis and billing, and testing information may be visible to the primary insurance holder.

Path 3: Seeking to Disclose

Anonymously
Individuals can make anonymous reports and/or anonymously receive information about options and resources by calling the Title IX Office at 315-781-3922 without providing identifying information. Individuals can also anonymously disclose via the Online Sexual Misconduct Reporting Form.

Title IX Office
Individuals can disclose to the Title IX Office in person at 603 S. Main St. (below the Seneca Room) by email at titleix@hws.edu or by phone at 315-781-3922. In most situations an individual who discloses to the Title IX Office can choose whether or not to proceed to Path 4: Seeking Action. However, the Title IX Office may have an obligation to investigate if it is needed to ensure the safety of others or the community, even if an individual requests no further action. Regardless of action taken, the Title IX Office will provide support as mentioned in Path 1: Seeking Support.

Law Enforcement
Individuals can disclose to law enforcement, including the Geneva Police Department and/or the New York State Police Campus Sexual Assault Victims Unit. Law enforcement can be contacted at any time.

Actual Knowledge Employee
An Actual Knowledge Employee is an employee who upon receipt of allegations of prohibited conduct is required to make an immediate report to the Title IX Coordinator or Deputy Title IX Coordinator including all known details about an incident. Actual Knowledge Employees will, to the fullest extent possible, maintain the privacy of an individuals information. Actual Knowledge Employees differ from Confidential Employees and all other employees of the Colleges due to their ability to institute corrective measures related to an incident of alleged Prohibited Conduct. The Colleges obligation to respond under this Policy is only triggered upon notice to an Actual Knowledge Employee.

Path 4: Seeking Action

Behaviors that violate the Colleges Title IX and Sexual Misconduct Policy may also violate criminal and/or civil law. People who experience sexual misconduct can choose to seek a violation of the HWS Title IX and Sexual Misconduct Policy, pursue criminal charges, both of those options, or neither.

HWS Complaint Resolution Process
The Title IX Office receives and processes formal complaints of alleged violations of the Title IX and Sexual Misconduct Policy (SMP), and uses prompt and equitable procedures to assess, investigate, and adjudicate complaints of sexual misconduct. For a comprehensive description of the informal and formal resolution processes, see Appendix A: Procedures for Resolving a Sexual Misconduct Complaint.

Informal Resolution Process
Informal Resolution presents the opportunity for the Complainant and Respondent to resolve allegations of Prohibited Conduct without an investigation or hearing. Participation in Informal Resolution in lieu of the Formal Resolution Process is purely voluntary. Informal Resolution may be used only with the approval of the Title IX Coordinator, who may deem its use inappropriate based on the specific allegations involved or other factors. Informal resolution is not available to resolve a student-Complainants allegation that an employee has engaged in Title IX Prohibited Conduct. Prior to initiating Informal Resolution, the Title IX Coordinator will provide the Parties with written notice disclosing the allegations, the requirements of the process, the right to withdraw from Informal Resolution to pursue Formal Resolution, and any consequences of participation ( e.g. , as it relates to any subsequent Formal Resolution if Informal Resolution is not achieved). Informal Resolution may take many forms and may include, but not limited to: mediation, restorative justice, educational programming, and/or training.

Formal Resolution Process

• Investigation: In a Formal Resolution process, the Title IX Coordinator will designate one or more investigators from the Colleges and/or an experienced external investigator to conduct a prompt, thorough, fair, and impartial investigation. The investigation is a neutral fact-gathering process. During the investigation, the parties will have an equal opportunity to be heard, to submit information and corroborating evidence, to recommend witnesses who may have relevant information, and to submit questions that they believe should be directed by the investigator to each other or to any witness. At the conclusion of the investigation, the investigator will prepare an Investigation Report summarizing the information gathered, outlining the contested and uncontested information; this report will not include any findings or credibility assessments. The Title IX Coordinator will review the Final Investigation Report to determine next steps.
• Adjudication: Following an investigation and creation of the Final Investigation Report, the Colleges may hold a live hearing overseen by a decision maker(s) known as the Adjudicator(s). The hearing is an opportunity for a neutral external adjudicator(s), designated by the Title IX Coordinator, to address the parties about issues relevant to the final outcome. A typical hearing may include brief opening remarks by the Complainant and/or Respondent, with follow-up questions posed by the Adjudicator, information presented by the parties or witnesses deemed relevant by the Adjudicator, with follow-up questions of the parties or witnesses by the Adjudicator and the parties Advisors for cross-examination, and brief concluding remarks by the Complainant and Respondent.

Investigation for Criminal Charges
To pursue criminal charges via law enforcement, an individual can seek assistance from the Title IX Office and/or Safe Harbors, or contact law enforcement directly:

Geneva Police Department
235 Exchange St. Geneva, NY 14456
315-828-6771

New York State Police Campus Sexual Assault Victims Unit
844-845-7269 (24/7 hotline)

Path 5: Exploring Options

Each individual experiences sexual misconduct differently. Some individuals may be ready to seek support and treatment, and/or to disclose, while other people may need more time to decide what is best for them. Individuals are not obligated to report their personal experiences of sexual misconduct to the Title IX Office or to law enforcement. Individuals who are in the process of exploring their options are encouraged to seek support from confidential reporting resources.