Resources and Reporting Options

Any Munson community member who has been the victim of sexual misconduct has the right to make a report to Campus Safety or one of the Responsible Administrators listed below, local law enforcement, and/or the New York State Police, or choose not to report. If reported to Munson under this policy, a reporting individual will be protected from retaliation and will receive appropriate assistance and resources from Munson. A Students’ Bill of Rights for cases involving sexual assault, domestic violence, dating violence or stalking is attached at the end of this policy. An additional Statement of Rights for any individual reporting a sexual assault, domestic violence, dating violence or stalking is also attached at the end of this policy.

Immediate Medical Assistance and Counseling

If you or someone you know is or may be the victim of any form of sexual misconduct, Munson strongly urges you to seek immediate assistance. Assistance is available 24 hours a day, 7 days a week, from local police, emergency assistance and Munson’s Campus Safety.

Confidential Resources

A victim is encouraged to seek support for his/her emotional and physical needs. A person seeking confidential emotional or medical care may contact the following resources:

Confidential Campus Resources

Counseling Office
Student Life Building, First Floor
315-797-0000 ext. 2012 or 315-927-8643 (Available Monday-Friday 9 a.m.-4:30 p.m.)

These counseling services are available to students free of charge.

Professional, licensed counselors whose official responsibilities include providing mental-health counseling to Pratt Munson students, including those who act in that role under the supervision of a licensed counselor, are not required to report any information about an incident of sexual misconduct to the Title IX Coordinator without a victim’s permission. State law requires professional counselors to report: (i) when a patient is likely to engage in conduct that would result in serious harm to the patient or to others; or (ii) if there is reasonable cause to suspect that a minor has been sexually abused.

Off-Campus Confidential Resources

In addition, there are off-campus, community confidential resources that are available. Reports to these resources will not constitute a report to Munson and will not result in Munson taking any action against the accused. These resources, which may or may not charge service fees, include:

  • YWCA of the Mohawk Valley — (24 hours per day/7 days per week); Rape Crisis/Domestic and Sexual Violence Hotline, 315-797-7740
  • NYS Domestic Violence Hotline — 1-800-942-6906
  • Medical/Emergency Room: Wynn Hospital, 440 Columbia St., Utica, N.Y. 13502, 315-917-9966
  • New York State Office of Victim Services: 1-800-247-8035
  • Planned Parenthood: 1424 Genesee St., Utica, N.Y. 13502, 315-724-6146
  • Safe Horizon: 1-800-621-HOPE (4673)
  • RAINN National Sexual Assault Hotline: 1-800-656-HOPE (4673)
  • National Domestic Violence Hotline: 1-800-799-SAFE (7233)
  • St. Luke’s Medical Center: 1656 Champlin Ave, Utica, New York, 13501, 315-624-6000

If you have been physically injured or sexually assaulted, Munson strongly encourages you to obtain a medical examination to determine the extent of your injuries. In addition, the hospital, with your permission, will collect physical evidence in a sexual offense evidence collection kit. Your consent to the completion of a sexual offense evidence collection kit does not obligate you to pursue criminal charges with the police; it is a way to preserve evidence should you choose to pursue criminal charges at a later time. Hospitals are required by law to preserve such evidence for a minimum of 30 days. If you choose to seek medical assistance, it is important that you do not bathe, wash, shower, douche, brush your teeth, comb your hair, change your clothes, or clean up so that no evidence of the attack is destroyed. A specially trained nurse or physician will interview you about the circumstances of your assault.

Law Enforcement Notification

If you are the victim of a crime, Munson strongly encourages you to promptly report the incident to the police. Campus Safety and other Munson representatives, indicated below, are available to assist you in notifying law enforcement of an incident of sexual misconduct. You also have the right to choose not to report to local law enforcement. In criminal cases, timing is a critical factor in collecting and preserving evidence. To preserve evidence, it is best that you not change your clothes, shower, or even brush your hair as physical evidence may be lost.

The Utica Police Department, which can be reached at 315-735-3301, can assist in filing a criminal complaint and in securing appropriate examination, including by a Sexual Assault Nurse Examiner. The New York State Police Sexual Assault Hotline, which can be reached at 1-844-845-7269, may also be of assistance in reporting an incident to law enforcement. In addition, an individual making a report to local law enforcement may also be able to obtain services through the New York State Office for Victim Services. The OVS funds local Victim Assistance Programs which will, among other things, offer a crime victim advocate that can provide direct assistance to victims and their families as they navigate the criminal justice process.

Sexual misconduct may constitute a violation of both law and Munson policy. Munson encourages individuals to report alleged sexual misconduct promptly to local law enforcement agencies. Criminal investigations may be useful in the gathering of relevant evidence, particularly forensic evidence. The standards for finding a violation of criminal law are different from the standards for finding a violation of this policy. Therefore, criminal investigations or reports are not determinative of whether sexual misconduct, for purposes of the policy, has occurred. In other words, conduct may constitute sexual misconduct under this policy even if law enforcement agencies lack sufficient evidence of a crime and decline to prosecute.

The filing of a complaint of sexual misconduct under this policy is independent of any criminal investigation or proceeding. The criminal process and Munson’s disciplinary processes are not mutually exclusive or dependent on each other. A person may pursue either a criminal complaint or Munson complaint or both. Any internal investigation and/or hearing process conducted by Munson will be conducted concurrently with any criminal justice investigation and proceeding. However, in some cases Munson may temporarily delay its investigation to enable law enforcement to gather evidence and to engage in a preliminary investigation. Such delays will not last more than 10 days except when law enforcement authorities specifically request and justify a longer delay.

Additionally, orders of protection and other forms of legal protection may be available to individuals who have experienced or are threatened with violence by a Munson community member or other person. In appropriate circumstances, an order of protection may be available that restricts the offender’s right to enter Munson’s property, and Munson will abide by a lawfully issued order of protection. Munson officials will, upon request, provide reasonable assistance to any member of the campus community in obtaining an order of protection or, if outside of New York State, an equivalent protective or restraining order, including providing that person with:

  • a copy of an order of protection or equivalent when received by Munson and providing that person with an opportunity to meet or speak with a Munson representative, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the other person’s responsibility to stay away from the protected person or persons;
  • an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension; and
  • assistance in contacting local law enforcement to effect an arrest for violating such an order of protection.
    Sex Offenses under New York law are described in Sections 130.00 to 130.96 of the New York State penal Code, available at http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

Reporting to Munson: Non-Confidential Resources

Munson is committed to providing a prompt, fair, and impartial investigation and resolution to all allegations of sexual misconduct. Therefore, Munson also encourages the reporting of sexual misconduct to a Munson representative in a timely manner. The following offices and individuals are Responsible Administrators who have been trained to receive and respond to reports under this policy:

If a report is made to anyone other than the Responsible Administrators listed above, the Complainant risks the possibility that the information will not come to the attention of the proper Munson officials and may, therefore, not be acted upon. Such a report may be made at any time (including during non-business hours) by using the telephone number or email address or by mail to the office address of any of the individuals listed above.

Certain Munson employees, including but not limited to faculty and Resident Assistants, are considered “responsible employees” who, once they are made aware of an incident of sexual misconduct, have a duty to report that information to the Title IX Coordinator. A responsible employee must report all relevant details about the alleged sexual misconduct shared by the victim to the Title IX Coordinator. These employees, as well as the Responsible Administrators listed above, are not confidential resources. However, even Munson offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information relayed to a non-confidential resource will be relayed on a need-to-know basis and only as necessary for Munson to investigate and/or seek a resolution.

Employees who believe that they are being subjected to harassment or another form of sexual misconduct in violation of this Policy, or who have witnessed or otherwise become aware of behavior prohibited by this Policy should promptly report that behavior to a supervisor, the Director of Human Resources/Title IX Coordinator, or a member of Munson’s administration. If an employee makes a report of workplace harassment to his/her supervisor or manager and believes the supervisor or manager is not taking appropriate action, the employee should report this inaction to any member of Munson’s administration. All supervisors and managers are required to report all complaints of workplace sexual harassment that they receive or that they observe or become aware of immediately to the Director of Human Resources/Title IX Coordinator even when the complaining employee asks to keep the complaint confidential, or indicates that they do not wish to file a formal complaint.

Confidentiality

If a Complainant reports an incident of sexual misconduct to a Responsible Administrator or other non-confidential Munson employee but elects not to file a formal complaint and requests that no investigation into the incident be conducted or disciplinary action taken or wishes to have his/her identity kept confidential, Munson will weigh that request against Munson’s obligation to provide a safe, nondiscriminatory environment for all members of the campus community, including the Complainant. Munson endeavors to comply with Complainant’s wishes with respect to whether responsive action is taken. However, that is not always possible.

If a Complainant declines to file a formal complaint and requests that no action be taken against the accused and/or to have his/her identity kept confidential (i.e., no investigation or disciplinary action or no disclosure of the complainant’s identity), the Title IX Coordinator will consult with the Munson President, Dean, and/or Director of Human Resources in order to consider Complainant’s request. The Title IX Coordinator will consider a range of factors, including, but not limited to, the following:

  • The seriousness of the offense;
  • Whether there have been other sexual misconduct complaints about the same Respondent;
  • Whether the Respondent has a history of violent behavior or is a repeat offender;
  • Whether the Respondent threatened further sexual misconduct or other violence against the Complainant or others;
  • Whether the sexual misconduct was committed by multiple perpetrators;
  • Whether the Complainant’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group;
  • Whether the alleged sexual misconduct was perpetrated with a weapon;
  • Whether the Complainant is a minor;
  • Whether Munson has other means to obtain relevant evidence (e.g., security cameras or personal, physical evidence);
  • Whether circumstances otherwise suggest an ongoing or future risk to the campus community or the Complainant.

A decision will be made and shared with the Complainant. If, after considering these factors, Munson determines that it is able to respect the Complainant’s request that no responsive action be taken, Munson will nevertheless take all reasonable steps to respond to the complaint consistent with the Complainant’s confidentiality request, and will determine whether supportive measures are appropriate or necessary. Munson will also consider broader remedial action, such as increased monitoring, supervision of security at locations where the reported sexual misconduct occurred, increasing training, education and prevention efforts, and conducting climate surveys.

Ultimately, Munson retains the right to act upon any information that comes to its attention.

Supportive Measures and Accommodations

Supportive measures and accommodations may be taken by Munson to immediately respond to a situation. Once a report is made under this Policy, the Complainant will be contacted by the Title IX Coordinator and offered individualized support as more fully described below. A report that triggers supportive measures need not be a formal complaint, and it may be made by a third-party (i.e., someone other than the complainant himself/herself). Once the respondent is informed of a report or a formal complaint, the Respondent will be contacted by the Title IX Coordinator and offered individualized support as more fully described below.

Supportive measures are intended to restore or preserve, to the extent practicable, equal access to Munson’s educational programs and activities and protect the safety of all parties without unreasonably burdening the other party or parties. As required by federal regulation, these supportive measures must be non-disciplinary and non-punitive to the parties.

Accordingly, after the intake meeting, the Title IX Coordinator may impose a mutual “no-contact” order, which typically will include a directive that the parties refrain from having contact with one another, directly or through proxies, whether in person or via electronic means, pending the investigation and, if applicable, the adjudication. The Title IX Coordinator may also implement any further supportive measures that he/she deems appropriate, including, but not limited to, directing appropriate officials to alter an individual’s academic, transportation, housing, and/or employment arrangements, implementing an emergency removal of a student respondent or other appropriate measures. Supportive measures may also include access to campus escorts or other reasonable security or monitoring measures and/or counseling services.

In addition, both parties may submit a request to the Title IX Coordinator that Munson take supportive measures and/or make accommodations, including, but not limited to, changes in academic, living, transportation, or working situations or the issuance of a no-contact order. Munson will grant such supportive measures and accommodations, provided they are reasonable and available, regardless of whether the Complainant chooses to proceed with a formal complaint. Munson will provide information about any supportive measures and/or accommodations to only those having a need to know such information in order to implement them. Supportive measures will be offered free of charge.

Upon request, the Complainant or Respondent may request a prompt review of the need for and terms of any supportive measures and accommodations imposed or requested that directly affects him/her, including the potential addition, modification or elimination of those measures. Such a request may be made by submitting a written request for review to the Title IX Coordinator, providing the basis for that request and any evidence in support of the request. Upon receipt of such a request, the Title IX Coordinator will inform the other party of the request and allow the other party to respond, including submitting evidence if desired. The Title IX Coordinator may, in his/her discretion, modify or suspend the supportive measures or accommodations on a temporary basis while the parties are submitting their information and responses. The Title IX Coordinator will respond to any such requests as soon as possible, but generally no later than one calendar week of the request and the parties’ submission of any evidence.

Violation(s) of the Title IX Coordinator’s directives and/or a no-contact order will constitute a violation of this policy that may lead to additional disciplinary action.

A Complainant or Respondent with a disability who requires accommodation in the complaint, investigation, hearing or any other phase of the process is responsible for disclosing the need for accommodation to the Title IX Coordinator. The Title IX Coordinator may consult with the appropriate Munson offices/officials in deciding whether to grant a disability accommodation request.

Emergency Removal of Student Respondents

In some cases, Munson may undertake an emergency removal of a student respondent in order to protect the safety of the campus community, which may include contacting local law enforcement to address imminent safety concerns.

Emergency removal is not a substitute for reaching a determination as to a Respondent’s responsibility for the sexual misconduct allegations; rather, emergency removal is for the purpose of addressing imminent threats posed to any person’s physical health or safety, which may arise out of the sexual misconduct allegations.

Prior to removing a student respondent through the emergency removal process, Munson will undertake an individualized safety and risk analysis. If the individualized safety and risk analysis determines that an immediate threat to the physical health or safety of any student, including the student respondent, or other individual justifies removal, then a student respondent will be removed. This is the case regardless of the severity of the allegations and regardless of whether a formal complaint was filed.

After determining a student respondent is an immediate threat to the physical health or safety of an individual, the Title IX Coordinator will provide written notice of the emergency removal to both the complainant and respondent. This notice will contain: (1) the date the removal is set to begin, (2) the reason for the emergency removal, (3) the consequences of non-compliance, and (4) how to appeal the decision.

If a student respondent disagrees with the decision to be removed from campus, the Respondent may appeal the decision. The Respondent must provide written notice of the intent to appeal, which shall include the substance of the appeal, to the Title IX Coordinator within 10 days of receiving the notice of removal. The removal shall continue in place pending the appeal. The burden of proof is on the student respondent to show that the removal decision was incorrect.

This section applies only to student respondents. Employee respondents are not subject to this section and may be placed on administrative leave pursuant to Munson’s policies and/or collective bargaining agreements during the pendency of a Title IX grievance process.

Advisors   

In any investigatory meeting or disciplinary hearing held under this policy, the Complainant and Respondent have the right to be accompanied by an advisor of their own choosing (at the party’s own expense if the advisor is a paid advisor). The advisor’s role is to support the Complainant or Respondent throughout the process and aid in his/her understanding of the investigatory and/or disciplinary hearing process. The advisor cannot be a witness in the proceedings. The advisor may talk quietly with the party, but, except with respect to questioning the other party and witnesses, may not participate in the interview/hearing or be disruptive to the investigation and/or hearing. The parties are required to speak on their own behalf. The advisor is not to present evidence or address the Investigator(s) and/or Adjudicator, except to ask for a short recess if one of the parties requires some time to compose him/herself or collect his/her thoughts. In the hearing process, the advisor is responsible for cross-examination of the other party and witnesses. An advisor’s questioning of the other party and any witnesses must be conducted in a respectful, non-intimidating and non-abusive manner.  Questions will be cleared by the adjudicator. If a complainant or respondent does not have an advisor of choice at the hearing, Munson will assign an Advisor, without fee or charge to that party, for the limited purpose of conducting cross-examination questioning on behalf of that party. Munson has the right at all times to determine what constitutes appropriate behavior on the part of an advisor and violators of these expectations will be asked to leave the proceeding. Absent an approved disability accommodation, witnesses and others involved in the investigation or hearing are not entitled to have an advisor.

Reports of Sexual Misconduct from Others or Anonymous Sources

If Munson receives a report of alleged sexual misconduct by someone other than the victim (e.g., by a friend or roommate, resident assistants, etc.), Munson’s Title IX Coordinator will promptly notify the individual who was allegedly the subject of the sexual misconduct, and inform the individual of the available supportive measures, resources and assistance. Munson will accept anonymous reports. However, due to the nature of anonymous reports, the ability to take responsive action may be limited if the Complainant does not wish to sign a formal complaint.

Time for Reporting

There is no time limit for reporting sexual misconduct. However, the passage of time may make effective responsive action difficult. Further, if the Respondent is no longer a member of the campus community, Munson’s ability to respond may be limited. Therefore, any member of the campus community who believes that he or she has been subjected to sexual misconduct is encouraged to report the incident immediately in order to maximize Munson’s ability to obtain evidence, conduct a thorough investigation and take corrective actions.

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