2021 Clery Act Campus Safety Report

V. Violence Against Women Act (VAWA) Crimes

V.1. SUNY BROCKPORT’S RESPONSE TO REPORTS OF VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT (VAWA) CRIMES

SUNY Brockport complies with VAWA; the college prohibits offenses of sexual violence, dating violence, domestic violence, and stalking, and offers comprehensive programs to prevent domestic violence, dating violence, sexual assault, and stalking. When an incident of domestic violence, dating violence, sexual assault, or stalking is reported, SUNY Brockport provides the affected person (complainant) with written notice of available options, remedies, and support services. If the person accused is a student, and a hearing is held, the standard of evidence used is “preponderance of the evidence.” SUNY Brockport follows its procedures, as set forth in its Code of Student Conduct and Title IX Grievance Procedure. Additional resources for complainants and respondents (persons accused) may be found at the SUNY Brockport Title IX website and for complainants, at the SUNY Violence Response Resources webpage.

V. 2. PREVENTION AND AWARENESS EDUCATION PROGRAMS FOR VAWA CRIMES

SUNY Brockport has ongoing education programs to promote the awareness of dating violence, domestic violence, sexual assault, and stalking. These education programs include primary prevention and awareness presentations, interactive vignettes, guest speakers, bystander training, and a comprehensive online educational program that is mandated for all incoming students. These education programs may include: A statement that these crimes are prohibited at the college; definitions of consent, domestic violence, dating violence, sexual assault, and stalking in SUNY Brockport’s jurisdiction; and safe and positive bystander intervention (EagleCHECK). SUNY Brockport mandates that all new students complete two EVERFI online modules entitled, Sexual Assault Prevention for Undergraduate Students and AlcoholEDU. These online programs fulfill the federal and state mandates and the NCAA mandates of onboarding educational requirements for new students, student athletes and student leaders regarding sexual violence. New students (first-year and transfer), student leaders, and student athletes are mandated to complete one or more of the EVERFI online modules. SUNY Brockport monitors student compliance.

Methods of training and educating students may include, but are not limited to:

  • President’s welcome messaging;
  • Peer educational programs;
  • Online training;
  • Social media outreach;
  • First-year seminars and transitional courses;
  • Course syllabi;
  • Faculty teach-ins;
  • Institution-wide reading programs;
  • Posters, bulletin boards, and other targeted print and email materials;
  • Programming surrounding large recurring campus events;
  • Guest speakers;
  • Partnering with neighboring SUNY and non-SUNY colleges to offer training and education;
  • Partnering with State and local community organizations that provide outreach, support, crisis intervention, counseling, and other resources to victims/survivors of crimes to offer training and education. Partnerships may also be used to educate community organizations about the resources and remedies available on campus for students and employees seeking services; and
  • Outreach and partnering with local businesses that attract students to advertise and educate about these policies.

The purpose of this education is prevention and to reduce the risk to students who may be victims of sexual assault, dating violence, domestic violence, and stalking and to educate them about the SUNY Brockport resources.

SUNY Brockport also provides in-person and online training to faculty and staff about their obligations to report dating violence, domestic violence, sexual assault, and stalking if it occurs to their students and/or employees and how to report if they are victims of the same type of conduct.

V. 3. RISK REDUCTION INFORMATION

SUNY Brockport also educates the campus community on ways to recognize warning signs of abusive behavior and how to avoid potential attacks, when there is a risk of sexual assault, domestic violence, dating violence, or stalking, as a means of risk reduction. It also provides information about SUNY Brockport’s disciplinary procedures.

Although SUNY Brockport and the Village of Brockport both generally enjoy safe environments, no area is totally immune from crime. Therefore, students should take precautions to protect themselves and their property. Some safety tips are as follows:

  • Do not walk alone, especially after dark; always try to walk in a group or with a friend. If this is not possible and you are located on campus, call (585) 395-SAFE (7233) for a campus escort. If you are in the Village, consider using the “Eagle Run” shuttle service. For more information visit the Parking and Transportation services.
  • Know the locations of campus “Blue-Light” telephones. Each phone is a direct line to the University Police and may prove to be invaluable in the event of an emergency, when seconds count. View a map of “Blue Light” locations.
  • Always close and lock your door when you are sleeping or leaving your residence, even if only for a few minutes. This applies whether you live on-campus or off.
  • Lock your vehicle every time you park it and secure all valuables out of sight.
  • Protect your identity – safeguard your credit card numbers, PIN’s, social security number, address, date of birth, etc. Give this information only to persons whom you know to be authorized.
  • If you reside on-campus, participate in Community Policing and other campus crime prevention programs offered by University Police. If you reside in the Village, contact the Brockport Police for information regarding their crime prevention efforts.
  • Be aware of your surroundings and of anything that appears unusual. Report suspicious conditions immediately to the police. On-campus, call University Police at (585) 395-2222 and off-campus, call the Brockport Police at 9-1-1. Be sure to program these numbers into your cell phone or use the Eagle Guardian App.
  • Remember that alcohol and other drugs adversely affect judgment and behavior, and their use is frequently related to incidents of sexual assault.

In addition, the Eagle Guardian app allows students to rapidly provide information about themselves to Brockport’s University Police during an emergency. By building a personal profile, information can be immediately accessed by University Police dispatchers, if necessary. Eagle Guardian can also provide University Police with GPS coordinates from a student’s phone (if available), which can decrease response time and allow first responders to locate a student, if the student is not able to provide their location.

V. 4. SANCTIONS FOR VAWA CRIMES

If a student is found responsible, following a final determination of SUNY Brockport’s disciplinary procedure, for cases of sexual assault (non-consensual sexual contact/non-consensual sexual intercourse), dating violence, domestic violence, or stalking, the following sanctions or protective measures may be imposed:

Official warning; Loss of Privileges or Interim Measures, which may include a no-contact order, removal/re-assignment of housing; Discretionary Sanction, which may include counseling; Conduct Probation for one semester, conduct probation for two semesters, conduct probation for three semesters, conduct probation for four semesters; Conduct Suspension for one semester, conduct suspension for two semesters, conduct suspension for three semesters, conduct suspension for four semesters; and Conduct Dismissal.

For students found responsible for Non-Consensual Sexual Intercourse, the only available disciplinary actions are: 1) Conduct Suspension with possible additional requirements; or 2) Conduct Dismissal.

V. 5. PROCEDURES FOR SURVIVORS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING

SUNY Brockport employs a collaborative effort to provide persons who report domestic violence, dating violence, sexual assault or stalking with written information about their options to make a complaint, assistance in notifying law enforcement if the complainant chooses, as well as the option to decline to notify authorities. Complainants will also be provided information about campus and community support services, about their rights, the availability of supportive measures, including no contact orders, and SUNY Brockport’s responsibility to assist them in obtaining orders of protection, if one is desired.

  • Evidence preservation and collection: In order to best preserve evidence, victims are informed that they should avoid showering, washing, changing clothes, combing hair, drinking, eating, or doing anything to alter physical appearance until after a physical exam has been completed. It is recommended that victims seek medical attention as soon as possible at Strong West Emergency Department in Brockport or Strong Memorial Hospital Sexual Assault Forensic Exam Center, Rochester, both of which perform sexual assault forensic exams (rape kits). It is recommended that victims bring a full change of clothing, because clothing worn at the time of the sexual assault may be kept as evidence. If victims choose not to seek emergency medical care, it is strongly recommended that they follow up with a primary care provider. Students may seek medical services at Hazen Health Center, but the clinical staff cannot collect evidence or complete a sexual assault forensic exam.
  • Reporting: Victims may report crimes to University Police, Lathrop Hall, (585) 395-2226. If a sexual assault occurred off-campus, victims are encouraged to call 9-1-1 to report the crime. Other on-campus reporting options are to the Title IX Coordinator at (585) 395-5066 or Deputy Coordinator at (585)395-5042, or the Office of Student Conduct at (585)395-2122. Victims may confidentially report a crime to Hazen Center for Integrated Care (Health Center and Counseling Center, (585) 395-2414) and RESTORE (Sexual Assault Service) at (585) 546-2777, a 24/7 hotline service. Those impacted by dating violence, domestic violence, and stalking, may also contact Willow Domestic Violence Center at (585) 222-SAFE, A 24/7 hotline service.

V.6. COMPLAINANT/VICTIM/SURVIVOR BILL OF RIGHTS

SUNY Brockport is committed to providing options, support, and assistance to complainants/victims/survivors of sexual assault, domestic violence, dating violence, and stalking to ensure that they are able to participate in college-wide and campus programs, activities, and employment. All students receive an annual notice of the Students’ Bill of Rights, required by New York State Education Law Article 129-B. In addition, Students’ Bill of Rights posters are posted in buildings all over campus, including residential halls, academic buildings, and the Seymour Student Union. Students who may be victims of sexual violence are advised that they have reporting options, which include: a) reporting confidentially to medical providers or counselors at Hazen Center for Integrated Care; b) reporting to law enforcement; c) reporting to student conduct; and/or d) reporting to the Title IX Coordinator. (Law enforcement and the Offices of Student Conduct and Title IX are not confidential.) Students are also informed they have the right not report an incident to the college or law enforcement. Students may also file an anonymous report. All complainants/victims/survivors have these rights, regardless of race, color, national origin, religion, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, and regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad.

Statement of Victims’ Rights (Clery Act Victims’ Bill of Rights)
  1. Victims have the right to choose counseling and medical treatment, and to prosecute and report their case through the campus conduct system and/or the off-campus court system. They also have the right to refuse all of these options without reproach from any SUNY Brockport personnel.
  2. Victims have the right to be treated with dignity and to have their reports taken seriously by campus personnel.
  3. Victims of crimes have the right to be reasonably free from intimidation and harm.
  4. SUNY Brockport personnel are encouraged to inform all victims that they are not responsible for crimes committed against them.
  5. Victims will be made aware of appropriate student services, including counseling.
  6. Victims are entitled to the same support opportunities available to the accused in a campus disciplinary proceeding.
  7. If the accused is prohibited from contacting the victim or entering the victim’s residence, the victim will be notified that the ban is in effect.
  8. Any victim who does not wish to remain in their current residence hall or class section may be granted a transfer to other housing or another class section, if available.
  9. The victim and the accused have the right to information regarding the status of their conduct case.

V. 7. SUNY BROCKPORT’S DISCIPLINARY PROCEDURES IN CASES OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING

SUNY Brockport’s disciplinary procedures are contained in the Code of Student Conduct for students, and in the Discrimination and Sexual Harassment Complaint Procedure for employees. If jurisdiction of a complaint of sex discrimination falls within the Title IX regulations, then the Title IX Grievance Policy applies to both students and employees. Both the student conduct system and the employee grievance process provide a fair, prompt, and impartial process from the initial stages of filing a report/complaint, through the investigation, and the final outcome of the case. SUNY Brockport provides training on an annual basis to college officials who are responsible for investigating complaints of domestic violence, dating violence, sexual assault and stalking. Trainings may include information on how to conduct an investigation, how to interview, using trauma-informed techniques, and how to ensure due process to the parties throughout the student conduct and hearing process, while ensuring safety and promoting accountability.

Following an allegation or report of a Clery crime of sexual assault, dating violence, domestic violence, or stalking, SUNY Brockport may offer supportive measures, such as a no-contact order; alternative housing, academic support; notice to faculty; assistance with work situations; and/or safety escort services.

Complainants and respondents under the Student Conduct and Title IX Grievance process are entitled to the same opportunities to have an advisor of their choice present at all conduct meetings and during a hearing. Both parties may choose an advisor of their choice or opt to use a college-trained advisor or other advisor.

The disciplinary processes available for victims of domestic violence, dating violence, sexual assault, and stalking involves an investigation and investigative report. If a hearing is held, both parties will receive written notice simultaneously of the outcome of the conduct hearing, appeal procedures, any change in the result before it becomes final, and when the result will become final. SUNY Brockport makes every effort to complete investigations and hearings in a thorough and timely manner. The evidentiary standard in all cases is preponderance of the evidence.

V. 8. CONFIDENTIALITY

Personally identifiable information about victims will not be included in any publicly available record-keeping, including the reporting and disclosure of crime statistics.

V. 9. WRITTEN NOTIFICATIONS TO STUDENTS, EMPLOYEES, AND VICTIMS OF VAWA CRIMES

For Students and Employees: When a student or employee reports they have been a victim of dating violence, domestic violence, sexual assault, or stalking, whether the alleged offense occurred on or off campus, the college will provide the student or employee with a written explanation of their rights and options.

For Survivors/Victims: SUNY Brockport provides written notification to victims regarding rights and options, including: Available and existing on- and off-campus services such as counseling, medical, mental health, available and applicable institutional disciplinary procedures, an explanation of those procedures; Clery reporting and disclosure; and reasonable and available options and assistance with changing academic, living, and working situations, regardless of whether the victim chooses to report the crime to law enforcement.

Disclosure of Disciplinary Proceeding Outcome: SUNY Brockport discloses the written results of the outcome of any disciplinary proceeding to both the complainant and respondent simultaneously, appeal procedures, any change in the result before it becomes final, and when the result will become final.

V. 10 SEXUAL CRIMES INFORMATION

As is required by law, information concerning any registered sex offender who has an affiliation with SUNY Brockport due to employment or student status is available upon request by contacting the Chief of University Police located in Lathrop Hall or by phone at (585) 395-2226. Information concerning other registered sex offenders who reside in New York State is available by accessing the Department of Criminal Justice Services’ website.

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