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
