Hobart and William Smith Colleges

Understanding Your Options after an Incident

Contact Information
Overview
Rights under the Policy and Ways to Report
If You Experienced Prohibited Conduct

This guide is meant to provide an overview of the HWS Interim Title IX, Harassment and Discrimination policy and outline options for those who have experienced prohibited conduct. The full policy is also available on the website.

Contact Information

For emergencies, dial 911

Non-confidential
Are required to disclose (marked with an *), or may disclose, to HWS.

Office of Campus Safety*
Campus Services Building, northeast corner of Medbery parking lot
315-781-3656/3657
315-781-3333 (urgent/emergency)

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

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

Office of Equal Opportunity and Title IX*
Hubbs Health Center
119 Saint Clair Street
315-781-3922
titleix@hws.edu 

Confidential
Will not disclose to HWS.

Safe Harbors of the Finger Lakes
1 Franklin Street, Geneva NY 14456
315-781-1093
800-247-7273 (24/7 crisis line)

Counseling Center
91 Saint Clair Street
315-781-3388

Office for Spiritual Engagement
St. John’s Chapel
315-781-3788

Hubbs Health Center
119 Saint Clair Street
315-781-3600

F.F. Thompson Hospital
350 Parish Street, Canandaigua, NY 14424
585-396-6000

Overview

The Equal Opportunity and Title IX office provides fair, impartial and equitable services to all parties in accordance with the HWS Interim Title IX, Harassment and Discrimination policy when we receive reports of Prohibited Conduct. This includes providing all parties with supportive measures which are available for students, faculty, and staff.

The Equal Opportunity and Title IX Coordinator and Deputy Coordinators serve as neutral parties. They are available to meet with any community member to discuss available resources, options, and supports. We coordinate supportive measures, informal, and formal resolutions. The Coordinators will treat anyone who discloses Prohibited Conduct, files a formal complaint or is subject to a formal complaint, serves as a witness, an advisor, or is involved in any other capacity with care and concern.

Hobart and William Smith Colleges expect all members of our community to foster a safe, welcoming and respectful campus. The HWS Interim Title IX, Harassment and Discrimination prohibits specific forms of behavior that violate Title IX, Title VI, and other state and federal laws.

A “complainant” is defined under federal regulations as the individual who discloses, or who we are told by another individual has experienced, Prohibited Conduct (complainants may chose to self identify as victims or survivors, we will use complainant throughout to be consistent with federal regulations and the HWS policy).

A “respondent” is the individual, group, or organization accused of committing Prohibited Conduct.

Prohibited Conduct refers to the following conduct, specifically defined in the HWS Policy:

• Discrimination
• Discriminatory Harassment
• Title Ix Sexual Harassment
• Title IX Sexual Assault
• Title IX Dating Violence
• Title IX Domestic Violence
• Title IX Stalking
• Non-Title IX Sexual Harassment
• Gender-based Harassment
• Non-Title IX Sexual Assault
• Non-Title IX Intimate Partner Violence
• Sexual Exploitation
• Physical Assault
• Non-Title IX Stalking
• Retaliation

Important Policy Definitions

Affirmative consent is a knowing, voluntary, and mutual decision among participants to engage in sexual activity. It can be given through words or actions, as long as those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. Affirmative consent cannot be obtained through force including physical force, threats, intimidation, or coercion that could compel a reasonable person to engage in unwanted sexual activity against their will. Affirmative consent cannot be obtained by taking advantage of the incapacitation of another individual where the person initiating sexual activity knew or reasonably should have known that the other was incapacitated.

• the definition of consent does not vary based upon a participant’s sex, gender, sexual orientation, gender identity or gender expression

Incapacitation occurs when an individual cannot make an informed and rational decision to engage in sexual activity. An individual is incapacitated if they lack conscious knowledge of the nature of the act, are physically helpless, asleep, unconscious, or otherwise unaware that sexual activity is occurring. An individual may be incapacitated as a result of the consumption of alcohol or other drugs or due to a temporary or permanent physical or mental health condition.

The Interim Title IX, Harassment and Discrimination policy provides more information about evaluating affirmative consent and incapacitation on pages 12-14.

HWS Amnesty Policy
The health and safety of every student on campus is our most important concern. HWS recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that Prohibited Conduct occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct or the conduct of others.

HWS strongly encourages students to immediately report Prohibited Conduct to HWS or law enforcement.

• A bystander acting in good faith or a Complainant acting in good faith that discloses any incident of Prohibited Conduct to HWS or law enforcement will not be subject to disciplinary action under HWS’ Community Standards for violations of alcohol and/or drug use policies based on ingestion occurring at or near the time of the reported Prohibited Conduct.
• Other individuals present will also not be subject to disciplinary action under HWS’ Community Standards for violations of alcohol and/or drug use policies based on ingestion occurring at or near the time of the reported Prohibited Conduct.

Violating the Interim Title IX, Harassment and Discrimination Policy

Following a determination that an individual or organization has violated the Interim Title IX, Harassment and Discrimination policy, HWS will impose sanctions as appropriate. Sanctions for students could include:

• Probation
• Conduct warning
• Suspension
• Expulsion or permanent separation
• Probation or rescinding recognition from an organization
• Any other educational and/or remedial measures to eliminate, prevent, or address the Prohibited Conduct

Outcomes for Certain Violations

• any student who is found responsible for [current policy] will receive a sanction ranging from suspension to expulsion.
• The following Transcript Notation policy is also in effect:

Sanctions for staff and faculty members will be determined in accordance with their respective policies. These sanctions could range from written warning to termination of the respondent’s employment.

Additionally, complainants may chose to engage in the Informal Resolution process, which is completely voluntary between the complainant and respondent. Conditions of the informal resolution may be punitive but not disciplinary.

Community Responsibility
Students, faculty, and staff are charged with collaborating to create a non-discriminatory and harassment-free educational, living and working environment that supports all community members as they strive to lead lives of consequence.

• Respect and communicate with each other: ask questions, discuss expectations, and get affirmative consent (link) before engaging in sexual activity
• Speak up: and consider challenging victim-blaming statements and discriminatory or sexual harassment
• Check in: if you witness something that doesn’t seem right – ask “is everything OK?” or “how can I help?” can impact the person who experienced the conduct. Checking in after is better than ignoring the situation.

Upstanding or Bystander Intervention
One of the most effective ways to engage in social change is to intervene when you witness Prohibited Conduct or conduct you are uncomfortable with as a member of the HWS community. When deciding whether to intervene, think about the following:

• Assess the situation and determine if it is safe for you to intervene;
• Use direct or indirect actions to interrupt the situation
• Involve others by recruiting friends, other bystanders, or trusted resources
• Call Campus Safety or Law Enforcement if the situation becomes dangerous
• Get help or connect the individual who experienced the conduct to resources
• If you are student, remember our Amnesty Policy and refer to Equal Opportunity and Title IX, Conduct, Residential Life or, if you are not sure who can best help, Campus Safety

How to Help a Friend, Colleague, or other Connection
Resources are available here.

Rights under the Policy

Under New York State law, you have the right to make a report of sexual misconduct to Hobartand William Smith Colleges’ Office of Campus Safety, local law enforcement, and/or New York State Police or choose not to report to law enforcement; to report the in cident to Hobart and William Smith’s Office of Equal Opportunity and Title IX; to be protectedby HWS from retaliation for reporting an incident; and to receive assistance and resources from the HWS.

Student Bill of Rights

All Hobart and William Smith students have the right to:

• Make a report (or decline to report) to local law enforcement and/or state police;
• Have disclosures of sexual assault, intimate partner violence, stalking and all other forms of Prohibited Conduct treated seriously;
• Make a decision about whether or not to disclose a crime or violation and participate in the complaint resolution process and/or criminal justice process free from pressure by the HWS;
• Participate in a process that is fair, impartial and provides adequate notice and a meaningful opportunity to be heard;
• Be treated with dignity and to receive from HWS courteous, fair and respectful health care and counseling services, where available;
• Be free from any suggestion that the Complainant is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
• Describe the incident to as few representatives of HWS as practicable and not be required to unnecessarily repeat a description of the incident;
• Be protected from retaliation by HWS, any student, the Respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
• Access to at least one level of appeal of a determination;
• Be accompanied by an Advisor of choice who may assist and advise a Complainant, or Respondent, during any meetings and hearings under this policy and procedures; and
• Exercise civil rights and practice of religion without interference by the investigative, criminal justice or complaint resolution process of HWS.

Ways to Report

HWS and the Equal Opportunity and Title IX Coordinator (or a Deputy Coordinator) will support complainants and provide information to help them understand and assess reporting options. As neutral parties, they will not recommend a course of action. Complainants are encouraged to discuss their options with confidential or non-confidential resources.

The Equal Opportunity and Title IX office strives to make it as easy as possible for complainants or bystanders who witnessed Prohibited Conduct to disclose by providing the following disclosure options:

• Complete the online form
• You may complete this form anonymously or provide contact information so we can follow up
• Meet with the Equal Opportunity or a Deputy Title IX Coordinator in person
• Our office is in Hubbs Health Center at 119 Saint Clair Street and open during clinical hours (8:30 a.m.-5 p.m.)
• Call our office at 315-781-3922
• If you wish to learn more about options, but not provide your name, call our office and we will answer questions and provide information about our policy
• E-mail Titleix@hws.edu
• Report to Campus Safety or your CA (or other residential life staff), who will forward the report to our office so we can follow up with the impacted individual
• Report to an Actual Knowledge Employee (see below) or with another trusted faculty and staff member and ask them to disclose to our office so we can follow up with the impacted individual

When a disclosure is made to the office, we will maintain your privacy. This means that we will only share information with limited employees who need to assist in the review, investigation, or resolution of the complaint and/or implement remedial or protective measures.

Individuals seeking supportive measures may also request that their disclosure be recorded as anonymous. The office will only share your name with necessary faculty or staff members to enact the supportive measure. In all records and required reporting, your name will be “Anonymous.” For more information on this, call our office.

Confidential Resources and Actual Knowledge Employees
Confidential resources are generally prohibited from sharing information unless there is written consent from the individual, imminent threat of harm to self or others, or reasonable suspicion of abuse of a minor. Confidential employees on campus are:

• All employees of the Counseling Center,
• All employees in the Office for Spiritual Engagement,
• All employees in the Hubbs Health Center, and
• Any other professional at HWS with a legally recognized privilege

Off-campus resources that will not share information with HWS are

• Safe Harbors of the Fingerlakes
• Independent medical or mental health professionals, including
• Geneva General Hospital or local urgency care employees
• F.F. Thompson employees

HWS designates certain employees as “Actual Knowledge Employees” as required by law. If you make a disclosure of Prohibited Conduct to them they must provide this information to the Equal Opportunity and Title IX office. They will inform you of this status before you make a disclosure to them to allow you to decide if you want HWS to know about the Prohibited Conduct you experienced. These employees are:

• The Equal Opportunity and Title IX Coordinator,
• Deputy Title IX Coordinators,
• The Vice President for Campus Life,
• The Associate Vice President for Campus Safety and all other employees of the Campus Safety office,
• The Director of Community Values,
• Student Engagement Center staff, including all professional and student residential education and student activity employees,
• The HWS Deans
• Human Resources Professional Staff
• The Provost of HWS

HWS’ obligation to respond under the Interim Title IX, Harassment and Discrimination policy is only triggered upon notice to an Actual Knowledge Employee.

All other HWS employees are encouraged, but not required, to report.

When a disclosure is made to the office, we will maintain your privacy. This means that we will only share information with limited employees who need to assist in the review, investigation, or resolution of the complaint and/or implement remedial or protective measures.

If You Experienced Prohibited Conduct

There are many supports and resources available to you, both under our policy and with confidential resources. Gather all the information you need to decide how to proceed and discuss it with others that you trust or the following resources.

Individuals who experience Prohibited Conduct often take time to decide how to proceed. It is different for everyone. Our office and other offices on campus are here to support you, provide information, and make sure you understand your rights under our policy.

Get medical help after experiencing Prohibited Conduct

If you would like a forensic sexual assault examination by an on-call, trained Sexual Assault Nurse Examiner (“SANE Nurse”) the closest location to Geneva that can offer this is F.F. Thompson Hospital at 300 Parrish Street in Canandaigua. A forensic sexual assault examination collects evidence. If you have one performed you are not required to report to law enforcement or pursue a criminal case.

How to Get to F.F. Thompson Hospital

• You can drive yourself or have a friend drive you and check in to the emergency room
• You can call Campus Safety and request a ride to F.F. Thompson to the emergency room – note you are not required to tell them your name or why, however, Campus Safety officers are Actual Knowledge Employees and if you do, or if you discuss what happened while on the phone or to a friend who is accompanying you, they will be required to report
• You can call Safe Harbors on their 24/7 number (number) and they will accompany you and provide a support person to stay with you the entire time, answering your questions and providing any support or advocacy you may need 

Hospitals cannot charge you or bill you for a forensic sexual assault examination in New York state by law.

You can bring the support person of your choice, which can be an advocate from Safe Harbors.

If you need other medical care after experiencing Prohibited Conduct, Hubbs Health Center (315-781-3500) at 119 Saint Clair Street, Geneva, NY can provide it. They offer medical care during clinic hours for minor injuries and unexpected illness. You can ask Hubbs not to run medical care through your insurance or for help with paying for care.

The closest emergency room is Geneva General Hospital (315-787-4500) at . A SANE nurse is not available at GGH. 

Get support from someone who won’t disclose to HWS

If you do not want to disclose to HWS or are ensure about disclosing to HWS, the following resources are available to provide you with support and discuss whether you want to disclose and work with the Equal Opportunity and Title IX Office. On-campus resources include

• HWS Counseling Center offers free services to students during the academic year. You can call them at 315-781-3388. Urgent care is available 24/7 via Protocall, a crisis counseling service by calling 315-781-3388 and pressing option 1.
• The Office for Spiritual Engagement offers free services to students during the academic year. The Office has a chaplain, director for Jewish Life, and director of the Muslim Life Center who are available to all students regardless of faith. 
• Hubbs Health Center can provide medical services to students on-campus and work with students who need assistance paying or do not want certain services to be put through their insurance.

Off-campus local resources include

• Safe Harbors of the Finger Lakes is a local organization that provides services, at no charge, for individuals, children, or families who have experienced sexual violence, domestic or dating violence, child abuse or human trafficking. 
• They offer individual counseling, support groups, legal accompaniment, and personal advocacy with referrals to other local organizations.

You can call them at 315-781-1093. They have a 24/7 crisis hotline available at 1-800-247-7273.

• Family Counseling Service of the Finger Lakes (FCSFL) is a non-profit provider. 
• They offer individual counseling, including group therapy, and free advocacy services for individuals experiencing domestic or dating violence.
• Community support services include court accompaniment, transportation to services, and connection to resources and custom supplies.

They can be reached at 315-789-2613. Their 24/7 Domestic Violence Crisis line is at 1-800-695-0390.

Make an anonymous disclosure so HWS knows about the Prohibited Conduct

Any individual, whether you experienced the conduct, heard about it, or witnessed it, may make an anonymous report using our form. You do not have to disclose your name or the name of the involved persons. You do not have to request action from HWS.

Anonymous reports will go to the Equal Opportunity and Title IX Coordinator and Campus Safety for review and appropriate response and action.

Continue reading to see how to anonymous learn about options under the policy.

Learn about my options at HWS under the policy

To anonymously learn about options under the policy you can call the Equal Opportunity and Title IX policy. You do not need to provide a name or report details about the incident (such as dates, times, locations, names of involved indidivuals are the nature of incident). Depending on what is shared HWS’ ability to take action may be limited but we will assess the report impact on the safety of the community and our educational and work environment. 

If you have experienced, have knowledge of, or witnessed prohibited conduct and want to disclose under the policy and learn about options you can disclose in person (office location), email titleix@hws.edu, or call at 315-781-3922. If you make a disclosure using other means we will follow up with you to set up a time to talk. 

We will always seek to honor the Complainant’s request for anonymity when possible and will keep all information private on a need-to-know basis. If we are coordinating supportive measures we may need to disclose you are working with our office when we work with other offices on your supportive measure. 

We will not pursue an investigation or pursue disciplinary action if the Complainant does not want to pursue these options unless it is required to protect the safety and well-being of the complainant and the HWS community.

A formal complaint is filed when the complainant, or HWS, wishes to pursue an informal or formal resolution. A notice of allegations will be sent simultaneously to the complainant and respondent outlining the alleged policy violations.

Informal Resolution
Informal resolutions are individualized and agreed to by both the complainant and respondent. They provide an opportunity to resolve allegations of Prohibited Conduct without an investigation or hearing. They could include:

• Education provided by appropriate providers on prohibited conduct and related issues
• Written work product or presentations made by the alleged respondent 
• Mediation between parties
• Resignation from a campus position, organization, or team

Informal resolutions do not result in disciplinary action and cannot include a disciplinary sanction. It is not available to resolve a student complainant’s allegation that an employee has engaged in Title IX Prohibited Conduct.

Formal Resolution
Formal resolutions occur when the complainant or HWS is seeking a disciplinary outcome such as suspension or expulsion. The first step is an investigation by a trained investigator, review by the complainant and respondent of the materials gathered by the investigator, and then a hearing. A trained adjudicator will conduct the hearing, determine if policy violations occurred, and if they have, recommend sanctions. Both parties may appeal under the limited grounds identified in the policy.

Receive supportive measures at HWS

Anyone who makes a disclosure to our office or who is identified as a respondent is entitled to supportive measures. A formal complaint does not need to be filed to access supportive measures. These must be offered if they are reasonably available (check language). They can include:

• Academic supportive measures, such as messaging faculty about possible extensions or absences or individualized options if the alleged respondent is in class with you
• Academic schedule checks each semester to see if the alleged respondent is in class with you and individualized alternatives 
• Housing supportive measures, both room changes during the semester and to be ensured certain types of housing moving forward 
• No Contact Orders (NCOs) with the alleged respondent
• Work schedule adjustments
• Educational conversations provided by the Equal Opportunity and Title IX Office staff to address the alleged violation
• Additional safety monitoring or safe rides from campus safety 

Contact law enforcement about potential criminal charges

Complainants can pursue a resolution process with HWS and criminal charges simultaneously, only pursue criminal charges, or only pursue a resolution with HWS. 

Individuals can connect with the Equal Opportunity and Title IX Office, Campus Safety, or Safe Harbors for assistance in pursuing criminal charges, including support through the process. They can also contact law enforcement directly:

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

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