Sexual Assault and Title IX Compliance
SEXUAL MISCONDUCT AND TITLE IX COMPLIANCE
The College is committed to creating and maintaining an academic and work environment that respects each person and nurtures the trust of its mission. The College has general expectations of students and employees and expects all to behave in a manner that supports the College’s Mission and Ethos, including respecting and protecting the personal rights of others.
The College seeks to create and maintain an environment free from intimidation or injury generated by sexual harassment, including sexual violence. The College will act to eliminate such practices from our community and to remedy their effects. All members of the College community are entitled to a professional working and learning environment and are accountable and responsible for maintaining a respectful and trusting environment.
Any complaints involving sexual harassment, domestic violence, dating violence, sexual assault, and stalking will be handled under the College’s Sexual Misconduct and Title IX Policy.
Definitions:
Domestic Violence - a felony or misdemeanor crime of violence committed-
- By a current or former spouse or intimate partner of the victim;
- By a person with whom the victim shares a child in common;
- By a person who is cohabiting with, or has cohabited with, the victim as a spouse or intimate partner;
- By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
- By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Dating Violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
For the purposes of this definition-
- Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
Stalking – engaging in a course of conduct directed at a specific person that would cause a reasonable person to-
- Fear for the person’s safety or the safety of others;
- Suffer substantial emotional distress.
Sexual Assault- is defined as an offense that meets the definition of Rape, Fondling, Incest, or Statutory Rape.
The College is in compliance with Title IX of the Education Amendments of 1972, the Violence Against Women Reauthorization of 2013, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act also known as the Clery Act, and Article 129-A and Article 129-B of the New York State Education Law.
Article 129-B of the New York State Education Law requires that the Student Handbook include the following definition of Affirmative Consent: 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 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, sexual identity, or gender expression.
Consent to any sexual act or prior consensual activity between or with any party does not necessarily constitute consent to any other sexual act.
Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
Consent may be initially given but withdrawn at any time.
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.
Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
When consent is withdrawn or can no longer be given, sexual activity must stop.
Student’s Bill of Rights regarding Domestic Violence, Dating Violence, Sexual Assault and Stalking
Regarding incidents of domestic violence, dating violence, sexual assault, and stalking, all students have a right to:
- Make a report to local law enforcement and/or state police.
- Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously.
- Make a decision about whether or not to disclose a crime or violation and participate in the judicial conduct process and/or criminal justice process free from pressure by the college.
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.
- Be treated with dignity and receive from the institution courteous, fair, and respectful health care and counseling services, where available.
- 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 and violations.
- Describe the incident to as few College representatives as practical and not be required to unnecessarily repeat a description of the incident.
- Be protected from retaliation by the college, any student, the accused and/or the respondent, and/or their friends, family, and acquaintances within the jurisdiction of the college.
- Access to at least one level of appeal of a determination.
- 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 all meetings and hearings related to such process.
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial process of the college.
Contact Information: Title IX Officer 585-594-6260
Campus Safety 585-594-7777
Local Law Enforcement 911
State Police 24-hour hotline 1-844-845-7269
Requesting Confidentiality — How the College Will Weigh the Request and Respond
If the Title IX Coordinator receives a report of an act covered by this Policy, but the individual impacted requests confidentiality or otherwise asks that an investigation not be pursued, the Title IX Coordinator will make every effort to balance this request with the College’s commitment and obligation to provide a safe and non-discriminatory environment for all members of the community. Honoring such a request may limit the College’s ability to conduct a thorough investigation and take appropriate disciplinary action. Accordingly, the Title IX Coordinator will consider many factors when determining whether or not the College can honor the request for confidentiality, including but not limited to whether:
- the alleged perpetrator has a history of violent behavior or is a repeat offender;
- the information provided suggests an increased risk that the alleged perpetrator will commit additional acts;
- the alleged perpetrator used a weapon or force;
- the sexual violence was committed by multiple perpetrators;
- the incident represents escalation, such as a situation that previously involved sustained stalking;
- the information provided suggests that the act is part of a larger pattern at a specific location or by a particular group;
- the individual impacted is a minor; and
- Information can be obtained by means other than from the impacted individual (e.g., by personnel or security cameras, witnesses, or through physical evidence).
AMNESTY
The health and safety of every student at Roberts Wesleyan College is of utmost importance. Roberts Wesleyan 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 for fear of potential consequences for their own conduct. Roberts Wesleyan strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to school 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 school officials or law enforcement will not be subject to the school’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.
Clery Report
The Roberts Wesleyan College annual security and fire safety report, also known as the Clery Report, is available for review. This report is required by federal law and contains policy statements and crime statistics for the school. The policy statements address the school’s policies, procedures, and programs concerning safety and security. This report is filed annually with the U.S. Department of Education and contains three years’ worth of statistics for certain types of crimes that were reported to have occurred on campus, in or on off-campus buildings, or property owned or controlled by the school and on public property within or immediately adjacent to the campus.
The Campus Safety and Security Department will provide upon request, all campus crime statistics as reported to the United States Department of Education. Crime statistics may be obtained at the Campus Safety Office located at the Voller Athletic Center, Room 270; by sending a written request to Roberts Wesleyan College Campus Safety Department: 2301 Westside Dr, Rochester, NY 14624; or by calling the Campus Safety Office at 585-594-7777. Crime statistics are also located on the Roberts Campus Safety website roberts.edu/student-experience/campus-safety under Clery Report and are available through the United States Department of Education (http://ope.ed.gov/Security/ )