SaVE and Violence Against Women

Policies and Programming Pursuant to the Campus SaVE Provisions of the Violence Against Women Act

Administered by The Office of the Title IX Coordinator.

I. Introduction

Hudson Valley Community College respects the freedom of all students to learn in an environment free of harassment, intimidation or violence in any form.  The College Community supports victims of sexual assault, stalking, dating violence and domestic violence by strictly enforcing its code of conduct against offenders and by providing support services to victims.  These incidents will not be tolerated on the College Campus.  The College also may be obligated by law or policy to investigate and adjudicate incidents that occur off-campus.

Affirmative Consent is defined by Hudson Valley Community College as a knowing, informed, voluntary and mutual decision between 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 the 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, gender identity or gender expression. 

Affirmative consent must be clear and unambiguous.  Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.  Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act.  Consent may be initially given but withdrawn at any time.  When consent is withdrawn or cannot be given, sexual activity must stop.  Consent cannot be given when a person is incapacitated.  Incapacitation occurs when and individual lacks the ability to fully and knowingly choose to participate in sexual activity.  Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily retrained, if any of the parties are under the age of 17, or if and individual otherwise cannot consent.  Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.

Sexual harassment is conduct perpetrated on the basis of sex that satisfies one or more of the following:

1. An employee of the college conditioning the provision of an aid, benefit, or service of the college on an individual’s participation in unwelcome sexual conduct; or
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the college’s educational program or activity; or
3. Dating violence, domestic violence, sexual assault or stalking:
   • Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse by persons who are dating.
   • Domestic Violence includes a felony or misdemeanor crime of violence committed by:
     • A current or former spouse or intimate partner of the victim; or
     • A person with whom the victim shares a child in common; or
     • A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; or
     • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the New York State, or
     • 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 New York State.

   • Sexual Assault is rape, fondling, incest or statutory rape or any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent as defined above.

     • Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

     • Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim as defined above, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

     • Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

     • Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent in the State of New York.

   • 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 other; or

     • Suffer substantial emotional distress.

• Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through other parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
• Reasonable person means a reasonable person under similar circumstances and with similar identifiers to the victim.
• Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Supportive Measures means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed.  Such measures are designed to restore or preserve equal access to the college’s educational program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the college’s educational environment, or deter sexual harassment.  Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modification of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.  The college will endeavor to maintain as confidential any supportive measures provided to the complainant or the respondent, to the extent that maintaining such confidentiality would not impair the ability of the college to provide the supporting measures.  All supportive measures shall be provided free of charge.

II.  Where to Go for Help

Victims of Sexual Violence, Domestic Violence or Dating Violence should seek immediate assistance.  Supportive Measures can be accessed by contacting the Title IX Coordinator:

Sandra McCarthy, JD
80 Vandenburg Avenue, CTR 293
Troy, NY  12180
s.mccarthy@hvcc.edu
(518) 629-4816

Anonymous Reporting may be made by calling (518) 629-4816;

24-hour reporting may be made by emailing s.mccarthy@hvcc.edu or by calling (518) 629-4816.
 

Assistance and counseling services may also be obtained by contacting:

Public Safety by dialing 911 from any campus phone or by calling (518) 629-7210 from any cell phone or off-campus phone;

Calling 911 from any cell phone will reach Rensselaer County Emergency Response;

College Health Service (518) 629-7468;

The Center for Counseling and Transfer (518) 629-7320;

Rensselaer County 24-hour Rape Crisis Center at Samaritan Hospital, Troy, NY (518) 271-3257;

Sexual Assault and Crime Victim’s Assistance at Samaritan Hospital, Troy, NY (518) 271-3410;

Unity House 24-hour Domestic Violence Hotline (518) 272-2370;

Designated Centers for Excellence in Sexual Assault Treatment: 

                Samaritan Hospital (518) 271-3300; 2215 Burdette Avenue, Troy, NY

                Albany Medical Center (518) 262-3125; 43 New Scotland Avenue, Albany, NY; or

For out the County resources, please visit:  response.suny.edu.
 

CONFIDENTIALITY:

Options for Confidentially Disclosing Sexual Violence

The State University of New York and HVCC want you to get the information and support you need regardless of whether you would like to move forward with a report of sexual violence to campus officials or to police.  You may want to talk with someone about something you observed or experienced, even if you are not sure that the behavior constitutes sexual violence or sexual harassment.  A conversation where questions can be answered is far superior to keeping something to yourself.  Confidentiality varies, and this document is aimed at helping you understand how confidentiality applies to different resources that may be available to you.

Privileged and Confidential Resources

Individuals who are confidential resources will not report crimes to law enforcement or college officials without your permission, except for extreme circumstances, such as a health and/or safety emergency.  At HVCC this includes:

• Counseling Services (518) 629-7320
• Health Office (518) 629-7468

Off-Campus options to disclose sexual violence, dating violence and domestic violence confidentially include (note that these outside options do not provide any information to the campus):

• Unity House (518) 272-5917
• Rensselaer County 24-hour Rape Crisis Center at Samaritan Hospital, Troy, NY (518) 271-3257 or
• Sexual Assault and Crime Victim’s Assistance at Samaritan Hospital, Troy, NY (518) 271-3639

Note that even individuals who can typically maintain confidentiality are subject to exceptions under the law, including when an individual is a threat to him or herself or others and the mandatory reporting of child abuse.

Privacy versus Confidentiality:

Even Hudson Valley Community College offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible.  The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution. The Title IX Coordinator or designee is also responsible under the law for tracking patterns and spotting systemic issues.  Hudson Valley Community College will limit the disclosure as much as possible, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

Reports of certain crimes occurring in certain geographic locations will be included in the Hudson Valley Community College’s Clery Act Annual Security Report in an anonymized manner that neither identifies the specifics of the crime or the identity of the victim.

Requesting Confidentiality:  How Hudson Valley Community College Will Weigh the Request and Respond:

If you disclose an incident to a Hudson Valley Community College employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to the institution’s request to initiate an investigation, the Title IX Coordinator must weigh your request against our obligation to provide a safe, non-discriminatory environment for all members of our community, including you.

We may seek consent from you prior to conducting an investigation.  You may decline to consent to an investigation, and that determination will be honored unless the Hudson Valley Community College’s failure to act may result in harm to you or other members of the Hudson Valley Community College community.  Honoring your request may limit our ability to meaningfully investigate and pursue conduct action against an accused individual.  If we determine if an investigation is required.  We will notify you and take immediate action as necessary to protect and assist you.

We will assist you with supportive measures regardless of your reporting choices.  The Title IX Coordinator can assist any reporting individual with services available on campus.  We also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify you or the situation you disclosed.

Factors Considered in Weighing a Request for Confidentiality:

In determining whether Hudson Valley Community College must proceed with a report of sexual harassment, sexual violence, domestic violence, dating violence or stalking despite a request for confidentiality, the College will consider many factors, including but not limited to:

• The increased risk that the accused will commit additional acts of violence
• Whether the accused has a history of violent behavior or is a repeat offender
• Whether the accused used a weapon
• Whether the victim is a minor
• Whether the incident represents escalation, such as a situation that previously involved sustained stalking
• Whether we possess other means to obtain evidence such as security footage, and whether the report reveals a pattern of perpetration at a given location or by a particular group.
• An official who can offer privacy may still be required by law and college policy to inform one or more college officials about the incident, including but not limited to, the Title IX Coordinator.

GOOD SAMARITAN POLICY: The health and safety of every student at Hudson Valley Community College is of utmost importance. Hudson Valley Community 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  occur may be hesitant to report such incidents due to fear of potential consequences for their own conduct.  HVCC strongly encourages students to report domestic violence, dating violence stalking, or sexual assault to institutional 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 HVCC officials or law enforcement will not be subject to HVCC 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.

Hudson Valley Community College supports students who reach out for assistance in the case of a medical emergency, as well as supports the student whom is helped.  Therefore, a student or student organization seeking medical treatment for him/herself, or for any other student who is in immediate medical need, or any student who is the recipient of the emergency medical help particularly if the student is seeking medical help for any student who is the victim of a  crime or may need immediate medical attention due to the use of alcohol or other drugs, will not be subject to disciplinary sanctions related to their own violation of using or possessing alcohol or other drugs on or off campus.  The college strongly encourages bystanders to respond to potentially dangerous situations by reporting the incident promptly without fear of reprisal.  However, if the circumstances dictate, the school reserves the right to notify parents of students under the age of 21 or to encourage counseling for students at any time if the well-being of the student is at risk.
 

ORDERS OF PROTECTION:  An order of protection may be obtained through your local criminal court if a criminal charge is pending or through family court if the incident occurred between family members or intimate partners.  On-campus directives to stay away or limit contact may be obtained through the Title IX Coordinator or their designee. Any student may contact Public Safety or the Title IX Coordinator for advice regarding the violation and enforcement of an order of protection issued by a court or an on-campus directive.

III. SEXUAL VIOLENCE VICTIM/SURVIVOR’S BILL OF RIGHTS

The State University of New York and Hudson Valley Community College are committed to providing options, support and assistance to victims and survivors of sexual harassment, sexual assault, domestic violence, dating violence and stalking to ensure that they can continue to participate in college-wide and campus employment, programs and activities.  All victims and survivors of these crimes and violations regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity, or expression sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights regardless of whether the crime or violation occurs on campus or off campus.

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 or conduct process and/or criminal justice process free from pressure by the institution;
• 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 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 or violations;
• Describe the incident to as few institutional representatives as practicable and not be required to unnecessarily repeat a description of the incident;
• Be protected from retaliation by the institution, any student, the accused and/or 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 and advisor of choice who may assist and advise a reporting individual, accused or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
• Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

Options in Brief

Reporting Students should be aware;

You have the right to make a report to Campus Security, local law enforcement, and/or State Police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution. 

You have many options that can be pursued simultaneously, including one or more of the following:

• Receive resources, such as counseling and medical attention;
• Confidentially or anonymously disclose a crime or violation (for detailed information on confidentiality and privacy please refer to the Confidentiality Policy-above);
• Make a report to:
  • An employee with the authority to address complaints, including the Title IX Coordinator, a Student Conduct employee, or Human Resources employee;
  • A Public Safety Officer;
  • Local law enforcement; and/or
  • Family Court or Civil Court.

IV. SEXUAL VIOLENCE RESPONSE POLICY

In accordance with the Sexual Violence Bill of Rights, Reporting Students shall have the right to pursue more than one of the options below at the same time, or to choose not to participate in any of the options below:

A. Reporting

• To report confidentially the incident to one of the following college officials, who by law may maintain confidentiality, and can assist in obtaining services (more information on confidential reporting is available in the section on Confidentiality-above):
  • Anonymously via an internet or telephone anonymous reporting;
  • Through the Counseling Office (518) 629-7320
  • Through Campus Ministry
  • Through the Health Office
• To disclose confidentially the incident and obtain services from the New York State, New York City or county hotlines:  https://www.nyscadv.org/find-help/program-directory.html.  Additional disclosure and assistance are available through the Office for the Prevention of Domestic Violence and presented in several languages: https://opdv.ny.gov/survivors-victims, and assistance can also be obtained through:
  • Sexual Assault and Crime Victim’s Assistance at Samaritan Hospital, Troy, NY (518) 271-3410;
  • Rensselaer County 24-hour Rape Crisis Center at Samaritan Hospital, Troy, NY (518) 271-3257;
  • Legal Momentum: https:/www.legalmomentum.org;;
  • Pandora’s Project:  http:/www.pandys.org/lgbtsurvivors.html;
  • RAINN: https:/www.rainn.org/get-help;
  • Safe Horizons:  http:/www.safehorizon.org.

(Note that these hotlines are for crisis intervention, resources, and referrals, and are not reporting mechanisms, meaning that disclosure on a call to a hotline does not provide any information to the campus.Individuals are encouraged to additionally contact a campus confidential or private resource so that the campus can take appropriate action in these cases).

• To report the incident to one of the following college officials who can offer privacy though not, necessarily confidentiality, and can assist in obtaining resources (note that an official who can offer privacy may still be required by law and college policy to inform one or more college officials about the incident, including but not limited to the Title IX Coordinator):
  • Title IX Coordinator;
  • Public Safety
  • HVCC Faculty and Staff
• To file a criminal compliant with Public Safety and/or with local law enforcement:
  • Public Safety;
  • Local Law Enforcement through 911
• To file a report of sexual harassment, sexual assault, domestic violence, dating violence, and/or stalking talk to Public Safety or the Title IX Coordinator for information and assistance.  Reports will be investigated in accordance with HVCC policy.  If a Reporting Individual wishes to keep his/her identity private, he or she may call the Title IX Coordinator at (518) 629-4816 anonymously to discuss the situation and available options.
• When the accused is an employee, a Reporting Individual may also report the incident to Human Resources or may request that one of the above referenced confidential or private employees assist in reporting to Human Resources.  Disciplinary proceedings will be conducted in accordance with applicable collective bargaining agreements and other college policies.  When the accused is an employee of an affiliated entity or vendor of the college, college officials will, at the request of the reporting student, assist in reporting to the appropriate office of the vendor or affiliated entity and, if the response of the vendor or affiliated entity is not sufficient, assist in obtaining a persona non grata letter, subject to legal requirements and college policy.
• You may withdraw your complaint or involvement from the HVCC process at any time

B. Resources

• To obtain effective intervention services.
  • Center for Counseling (518) 629-7320 – no fee;
  • College Health Services (518) 629-7468 – no fee;
  • Unity House 24-hour Domestic Violence Hotline (518) 272-2370;
  • Sexual Assault and Crime Victim’s Assistance at Samaritan Hospital, Troy, NY (518) 271-3639;
  • Rensselaer County 24- hour Rape Crisis Center at Samaritan Hospital, Troy, NY (518) 271-3257;
  • Samaritan Hospital:  2215 Burdette Avenue, Troy, NY;
  • Albany Medical Center: 43 New Scotland Avenue, Albany, NY;
    • Within 96 hours of an assault, you can get a Sexual Assault Forensic Examination (commonly referred to as a rape kit) at a hospital.  While there should be no charge for a rape kit, there may be a charge for medical or counseling services off campus and, in some cases, insurance may be billed for services.  You are encouraged to let hospital personnel know if you do not want your insurance policyholder to be notified about your access to these services.  The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency funds.  More information can be found at http:/www.ovs.ny.gov/files/ovs_rights_of_cv_booklet.pdf.

​C. Protection and Accommodations:

• When the accused is a student, to have the college issue a “No Contact Directive” issued by the school, meaning that continuing to contact the protected individual is a violation of college policy subject to additional conduct charges.  By operation of law or policy, No Contact Directives may be mutual and, generally, cannot interfere with either student’s access to education.
• To have assistance from Public Safety or other college officials in obtaining an Order of Protection or, if outside of New York State, an equivalent protective or restraining order.
• To receive instructions on how to obtain a copy of the Order of Protection issued by a court and have an opportunity to meet or speak with college officials who can explain the order and answer questions about it, including information from the Order about the accused’s responsibility to stay away from the protected person(s); that burden does not rest on the protected person(s).
• To an explanation of the consequences for violating these Orders or Directives, including but not limited to arrest, additional conduct charge, and interim suspension.
• To have assistance from Public Safety in effected an arrest when an individual violates an Order of Protection or, if outside of New York State, an equivalent protective or restraining order within the jurisdiction of Public Safety or, if outside of the jurisdiction or local law enforcement in effecting an arrest for violating such an order.
• When the accused is a student and presents a continuing threat to the health and safety of the community, to have the accused subject to emergency removal pending the outcome of a conduct process, subject to an individualized safety risk assessment.
• When the accused is not a member of the college community, to have assistance from Public Safety or other college officials in obtaining a persona non grata letter, subject to legal requirements and college policy.
• To obtain reasonable and available interim supportive measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangement in order ensure safety, prevent retaliation, and avoid an ongoing hostile environment.  While reporting students may request accommodations through any of the offices referenced in this policy, the following offices can serve as a point to assist with these measures:
  • The Title IX Coordinator or
  • Public Safety.

V. The Prevention of Sexual Offenses

Hudson Valley Community College Policy:
Sexual misconduct is not tolerated at Hudson Valley Community College. Any form of sexual misconduct listed in this catalog that is a violation of the New York State Penal Law, subjects a student to arrest.

A conviction of any of the sexual crimes listed may result in incarceration and/or monetary fine to the perpetrator. Persons who have a complaint filed against them for an incident involving sexual misconduct occurring on campus will be processed in accordance with the adjudication procedures contained in the college’s regulations. Copies of these regulations are available in the Public Safety Department, the Office of the Title IX Coordinator or on the HVCC website under Title IX.

Procedures to Prevent Sex Offenses

Education Programs
The College is continually updating its education programs to promote the awareness of rape, acquaintance rape, and other sex offenses. This is done through orientation, media presentations, lectures by county rape crisis personnel, posters, counseling services provided on campus, and distribution of educational material.

HVCC requires that each student leader and officer of student organizations recognized by or registered with the institution, as well as those seeking recognition by the institution, complete training on domestic violence, dating violence, stalking or sexual assault prevention prior to receiving recognition or registration, and HVCC does require that each student athlete complete training on domestic violence, dating violence, stalking. Or sexual assault prevention prior to participating in intercollegiate athletic competitions.

For information about Hudson Valley’s Sexual Harassment Policy, see the Anti-Discrimination Policy on the HVCC website.

Access to the New York State Sex Offender Registry
The Sexual Offender Registration Act (SORA) of New York State established a Sex Offender Registry within the New York State Division of Criminal Justice Services. As part of the Registry, the SORA requires the Division of Criminal Justice Services to maintain a Subdirectory of High-Risk (Level 3) Sex Offenders. The Registry also contains information on low-risk (Level 1) and moderate-risk (Level 2) Sex Offenders.

The referenced site provides free public access to the database of Level 3 sexual offenders only. You may however, access information on Level 1 and Level 2 offenders for a fee. To access the New York State Sexual Offender registry, visit: http://criminaljustice.state.ny.us/nsor/index.htm.

Prevention
Most sexual assaults are not committed by strangers. College students are in greater danger of being sexually assaulted or sexually harassed by a friend or a fellow student than by a stranger.

With its high number of dating and social activities, the campus setting can offer opportunities for date rape to occur. When the relationship with the offender or when the circumstances that are involved make a person hesitant to report a sexual crime, the term “date rape” or “acquaintance rape” is frequently used.

In date rape, the offender may be a friend or an acquaintance. Also, the reporting student may have consumed drugs or alcohol. Regardless of the circumstances, when sexual activity beyond a mutually agreed upon point is forced on a partner, date rape occurs.

What to do if you are attacked:

1. After an attack, it is extremely important that the victim take appropriate action promptly.
2. Try to be as calm as possible.
3. Get to a safe place.
4. Call for help. Call the police, a friend, or a rape crisis service. If the attack occurs on campus, immediately contact the Public Safety Office or the College Health Office, where there is a nurse on duty.
5. Remain in the same condition as when the attacker left. Do not change, wash, or destroy any clothing. Do not wash yourself, douche, or comb your hair.
6. Seek medical aid promptly. Not only can internal and external injuries be treated, but measures can be taken to combat the possibilities of disease. It is also an opportunity to collect evidence.
7. Leave the crime scene exactly as it is. Do not touch anything. Do not clean up or throw anything away.

As soon as possible, write down every detail about the incident; who, what, when, where, how.

• What the offender looked like;
• Where the assault occurred;
• What kind of force or coercion was used;
• Make and model of vehicle used;
• Any objects touched or taken by the assailant;
• Any noticeable speech patterns used by the assailant - particular words, grammar, accents, or speech defects;
• Any possible witnesses - who or where they might be.

Counseling and Support Services

At Hudson Valley Community College, we are concerned for every student’s safety and security. If you have been the victim of a crime, please contact one or more of the following on-campus and off-campus agencies:

Public Safety: 911 from any campus phone or (518) 629-7210 from any cell or non-campus telephone
College Health Services: (518) 629-7468
Counseling and Wellness Center : (518) 629-7320
Rensselaer County Rape Crisis Center, Samaritan Hospital, Troy, 24-hour hotline: (518) 271-3257

Any Local Law Enforcement Agency or Hospital Emergency Room
 

*Please refer to the Judicial System for Procedures for On-Campus Discipline

VI.  Student Conduct Process Rights

• Conduct proceedings are governed by the procedures set forth in the Hudson Valley Community College catalog in the Judicial System, the Title IX policy, and federal and New York State law, including the due process provisions of the United States and New York State Constitutions.
• Throughout conduct proceedings, the responding and reporting students will have:
  • The same opportunity to have access to an advisor of their choice.  Participation of the advisor in any proceeding is governed by federal law and the HVCC Judicial System.  In certain cases, the college may appoint an advisor.
  • The right to a prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma and other issues related to sexual harassment, sexual assault, domestic violence, dating violence and stalking.
  • The right to an investigation and process conducted in a manner that recognized the legal and policy requirements of due process.
  • The right to receive written or electronic notice of any meeting or hearing they are required to or are eligible to attend.
  • The right to have a conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence.  Temporary delays should not last more than 10 days except when law enforcement specifically requests and justifies a longer delay.
  • The right to review available evidence in the case file.
  • The right to a range of options for providing testimony via alternative arrangements, including telephonic testimony or testifying with a room partition.
  • The right to exclude prior sexual history or past mental health history from admittance in college disciplinary stage that determines responsibility.  Past sexual violence findings may be admissible in the disciplinary stage that determines sanction.
  • The right to ask questions of witnesses present.
  • The right to make an impact statement during the point of the proceeding where the decision maker is deliberating an appropriate sanction.
  • The right to simultaneous (among parties) written or electronic notification of the outcome of a conduct proceeding, including the sanction(s).
  • The right to know the sanction(s) that may be imposed on the responding student based upon the outcome of the conduct proceeding and the reason for the actual sanction imposed.  For students found responsible for sexual assault, the available sanctions are suspension with additional requirements and expulsion/dismissal.  For a more detailed list of possible sanctions for conduct issues, please visit the college website, under Title IX.
  • The right to choose whether to disclose or discuss the outcome of the hearing.
  • The Coordinator for Judicial Services can be reached at (518) 629-4816.  The Vice President for Enrollment Management and Student Development can be reached at (518) 629-7307 and Public Safety can be reached at (518) 629-7210.