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titleAbout This Policy


Effective Date: April 1, 2017
Last Updated: April 1, 2017
Responsible University Office: Human Resources
Responsible University Administrator: Chief Inclusion and Human Resources Officer


Policy Contact:

Amy McGaheran
Director of Human Resources
amcgaher@clarkson.edu



Scope

This Policy applies to all employees and students of Clarkson University.  In addition, it applies to all vendors, contractors, guests, patrons, and other third parties visiting campus, participating in any Clarkson-sponsored business, event or program, or interacting with Clarkson community members.  This policy applies to conduct on campus and in connection with any Clarkson-sponsored program or activity, regardless of where it occurs. Additionally, off-campus conduct may violate this policy if the conduct creates a threatening or uncomfortable environment on Clarkson's campus or within a Clarkson program, or if the incident causes concern for the safety or security of Clarkson's campus. 

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Reason for Policy

To address Harassment generally and Sexual Misconduct, including intimate partner violence and stalking, specifically in compliance with federal and state statutory obligations and Clarkson’s values.

Sexual misconduct is a particularly grievous form of harassing behavior and is intolerable to Clarkson University.  

This policy prohibits sexual misconduct generally and, non-consensual sexual contact (or attempts to commit the same), non-consensual sexual acts (or attempts to commit same), intimate partner violence[domestic violence, dating violence], stalking, and sexual exploitation.

This policy is designed to:

    • affirm the University's commitment to providing a positive, humane environment for study and work for all free from sex discrimination, harassment and sexual misconduct;
    • inform reporting parties and responding parties of their options and rights;

    • inform all members of the University community and associated third parties about the procedures available for addressing, investigating, and resolving harassment complaints, including sexual harassment and misconduct complaints;
    • protect the rights, confidentiality, and privacy of all parties to complaints to the extent possible; and
    • prevent retaliation against persons making complaints or participating in an investigation or disciplinary procedure
    • affirm these protections apply 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.
    • affirm the policy applies regardless of whether the violation occurs on campus, off campus, or while abroad as explained above.
    • affirm the New York State Students’ Bill of Rights pertaining to sexual assault, dating violence, domestic which is listed in the appendix enact an affirmative consent standard
    • assure amnesty in certain instances when making a good faith report

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Policy Summary

Discriminatory harassment is prohibited by Clarkson.  This policy prohibits harassment and sexual misconduct generally and sexual harassment, non-consensual sexual contact (or attempts to commit the same), non-consensual sexual acts (or attempts to commit same), sexual exploitation, intimate partner violence, and stalking specifically.

The University will investigate any complaints, provide both interim and long-term measures to remediate its effects, prohibit its re-occurrence, prohibit retaliation, train its community in recognizing and handling sexual misconduct, ensure equity to all parties and offer and coordinate support services for all parties as appropriate.  The University will not interfere with an individual’s right to pursue a criminal case and will collaborate with law enforcement when needed. The University will perform these responsibilities regardless of whether a criminal case is filed.   

The University reserves the right to respond to, and discipline, incidents that do not rise to the level of legally actionable discrimination or harassment but which are inconsistent with the University’s equal opportunity values.  Further, the University encourages individuals to report incidents that concern them even if the incidents are not particularly egregious, as early reporting often allows situations to be resolved more easily and before more serious harm occurs.  The University expects only that individuals will make truthful reports in good-faith; an individual is welcome to make a report even if the individual is uncertain whether the behavior violates this policy.  If the situation does not invoke this policy but may invoke another policy or process, the person making the report will be directed to the more appropriate policy or process.  In the event of a conflict or overlap between policies or processes, the University reserves the right to determine which policy or process will be applied. The University reserves the right to not proceed with a complaint if it becomes apparent that if the allegations even if established would not constitute a violation of this policy.  

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Policy Statement

Clarkson University is committed to the principles of equal opportunity in education and employment. We take seriously our responsibility to provide leadership in ensuring equal opportunity and eliminating harassment and sexual misconduct. Sexual harassment, sexual assault, domestic violence, dating violence, stalking and any other sexual misconduct committed by staff, students, and third parties is prohibited and will not be tolerated.

Clarkson University strives to provide an environment free from harassment for employees, students, and third-parties. Clarkson is committed to an environment emphasizing the dignity and worth of every individual in an inclusive, respectful environment.  Discriminatory harassment in any form is contrary to these goals and fundamentally at odds with the core values of Clarkson University and will not be tolerated.

Incidents of harassment will be met with appropriate disciplinary action, up to and including separation or dismissal from the University. Any action taken as a result of a violation of this policy will be in accordance with the relevant collective bargaining agreement or University policies.

Through this policy and the 3.1.3 Affirmative Action and Equal Employment Opportunity Statement, 3.1.11 Nondiscrimination Policy, and IX-DD Clarkson University Non-Discrimination Policy the University seeks to prevent and correct harassment on basis of race, color, religion, ethnic or national origin, gender, predisposing genetic characteristics, age, disability, sexual orientation, gender identity, gender expression, military or veteran’s status, marital status or any other characteristic protected by applicable law. 

The following behaviors are prohibited forms of conduct and are violations of this policy:

Harassment

It is the policy of Clarkson University that all employees and students work and study in an environment that is free from harassment based on race, color, religion, ethnic or national origin, gender, predisposing genetic characteristics, age, disability, sexual orientation, gender identity, gender expression, military or veteran’s status, marital status or any other characteristic protected by applicable law.

The University defines harassment as verbal or physical conduct that denigrates or shows hostility toward an individual because of the characteristics listed above or any other characteristic protected by applicable law, and that:

  • has the purpose or effect of creating an intimidating, hostile, or offensive environment;
  • has the purpose or effect of unreasonably interfering with an individual’s work, study, or participation in University activities; or otherwise adversely affects an individual’s opportunities.

Three forms of sexual harassment are expressly prohibited: quid pro quo, hostile environment, and retaliatory.

Sexual Harassment

The University will not tolerate sexual harassment of any member of the Clarkson community. The University will address all reports of sexual harassment. Where sexual harassment is found, steps will be taken to end and remediate the prohibited conduct. An individual found to have violated this policy will be subject to appropriate discipline in accordance with relevant collective bargaining agreements and University policies. The level of discipline will depend on the severity of the harassment.

Sexual misconduct, sexual assault, intimate partner violence, and stalking committed by faculty, administration, staff, students, and third parties, whether on or off campus, is prohibited and will not be tolerated.

Violations of this policy include disregarding, failing to investigate adequately, or delaying investigation of allegations of harassment, when responsibility for reporting and/or investigating harassment charges comprises part of one's supervisory duties.

To make deliberate false accusations of harassment violates this policy. In such instances, the complainant will be subject to disciplinary action. However, failure to prove a claim of harassment does not constitute proof of a false and/or malicious accusation.

Persons needing disability-based reasonable accommodation assistance or persons for whom English is a second language needing assistance should make those needs known to the university so they can arrange for assistance. This can be done through confidential and non-confidential employees.

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Definitions

Accused: shall mean a person accused of a violation of this policy who has not yet entered an institution's judicial or conduct process.

Affirmative Consent. a.k.a. Consent: Affirmative Consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Whenever the word "consent" is used in this policy, it should be understood to mean affirmative consent as defined here. 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.

Consent to any sexual act or prior consensual sexual 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 lackof consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. In New York, a person less than 17 years of age is incapable of consenting to any sexual activity. 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.

Allegation: A statement by a complainant that an act in violation of this policy has occurred.

Coercion: Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When a person makes clear that the person does not want sexual advances or activity, wants to stop previously consensual activity, or that going past a certain point of sexual interaction is unwanted, continued pressure beyond that point can be coercive.

Confidentiality: may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with state and federal law, including but not limited to 20 U.S.C. 1092(f) and 20 16 U.S.C.. 1681(a). Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality.  In other words, when you seek out someone to speak to confidentiality that employee identifies themself as a confidential resource with the legal option to maintain strict confidentiality, such as a counselor or other medical profession, or be identified by the university as a HAART advocate.  In either case the employee must be actively engaged in their role as a confidential resource to ensure confidentiality.

Complainant: The person making an allegation or complaint of a violation of this policy. 

Complaint: A formal notification, either orally or in writing, of the belief that a violation of this Policy has occurred.

Dating Violence: Dating violence refers to physical violence, threats of violence or acts of physical intimidation or coercion 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 following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Domestic Violence: Domestic violence includes physical violence, threats of violence, or acts of physical intimidation committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child, by a person who is cohabitating with or has cohabitated 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 acts 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 that jurisdiction.

Force: The use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcomes resistance or produces compliance. There is no requirement that a person has to resist the sexual advance or request, but resistance is a clear demonstration of non-consent. Activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.

HAART Advocates: Harassment, Assault, Abuse Response Team Advocates are employees of the university who can offer confidential advice on your options to report misconduct and access support resources.  They are not mental health counselors or legal advisors, but can help you coordinate contact with our Counseling center, Renewal House or the local police.

Harassment: The University defines harassment as verbal or physical conduct that denigrates or shows hostility toward an individual on the basis of race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, and gender identity, gender expression, military or veteran’s status, marital status or any other characteristic protected   by applicable law.  Harassment that occurs on any of these legally protected bases is discriminatory in nature, and hence the equivalent term “discriminatory harassment”.  Whether harassment has occurred in violation of this policy depends on a consideration of all the circumstances, including the severity of the incident(s), whether the conduct was repeated, whether it was threatening or merely annoying, and the context in which the incident or interaction occurred. This behavior can occur in person or remotely

Examples of harassing conduct may include:

  • epithets; slurs; negative stereotyping;
  • threatening, intimidating, or hostile acts that relate to race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, military or veteran’s status, marital status or any other characteristic  protected   by applicable law ;
  • written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, military or veteran’s status, marital status or any other characteristic protected   by applicable law.

Hostile Environment: Includes any situation in which there is harassing conduct that is sufficiently severe, pervasive/persistent and patently/objectively offensive that it alters the conditions of education or employment, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint. 

Incapacitation: Incapacitation is a state where someone lacks the ability to knowingly choose to participate in sexual activity. A person can be incapacitated due to lackof consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. A person may be unable to provide affirmative consent to sexual activity and therefore be incapacitated due to mental disability, being under the age of 17 or, depending on the degree of intoxication, being under the influence of alcohol or drugs. An incapacitated person does not have the ability to give knowing affirmative consent.

Intimate Partner Violence (IPV): Physical, sexual, or psychological harm by a current or former partner or spouse. This type of violence can occur among heterosexual or same-sex couples, whether cohabitating or not, and does not require sexual intimacy. IPV can vary in frequency and severity, can occur on a continuum, and can include acts of physical violence, sexual violence, threats of physical or sexual violence, or psychological or emotional violence. Psychological or emotional violence is a broad term that results in trauma to a victim caused by acts, threats of acts, or coercive tactics, and can include acts of humiliation, intimidation, isolation, stalking, and harassment. The University considers “intimate partner violence” to include dating violence and domestic violence as those terms are defined above.

Intimidation: Implied threats or acts that cause an unreasonable fear of harm in another.

Respondent or Responding Party: refers to the person against whom the allegation or complaint of discrimination or harassment is made.  Under this policy, respondents include employees and students of Clarkson University, vendors, contractors, guests, patrons, and other third parties participating in any Clarkson-sponsored event or program, whether on or off campus, and to such persons in other situations in which a person is acting as a member of the Clarkson community. 

Privacy: may be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with applicable laws, including informing appropriate institution officials.

Reporting Individual: shall encompass the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by an institution to reference an individual who brings forth a report of a violation.

Sexual Assault: Consistent with federal law, Clarkson defines sexual assault as including non-consensual sexual acts[intercourse] and non-consensual sexual contact which can be further defined as follows:

Non-Consensual Sexual Acts [Intercourse.] Any sexual penetration (anal, oral or vaginal), however slight, with any body part or object by a person upon a person, that is without affirmative consent. Non-consensual sexual acts includes the following:

Rape: 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 affirmative consent of the victim.

Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent. In New York, the statutory age of consent is 17 years old.  

Non-Consensual Sexual Contact. Any intentional sexual touching, however slight, for purposes of sexual gratification or with sexual intent, of any private body part, by a person upon a person, that is without affirmative consent.  This includes, but is not limited to, intentional contact for sexual or arousal reasons with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch oneself or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice, with any object.

Sexual Exploitation: occurs when a person, without affirmative consent, takes sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to the following:

  • invasion of sexual privacy;
  • prostituting another person;
  • non-consensual video or audio-taping of sexual activity;
  • going beyond the boundaries of consent;
  • observing unsuspecting individuals who are partly undressed, naked, or engaged in sexual acts;
  • engaging in sexual activity with another person while knowingly infected with HIV or another STD without informing the other person of such infection;
  • exposing one’s breasts, buttocks, groin, or genitals, in non-consensual circumstances; coercing another to expose their breasts, buttocks, groin, or genitals

Sexual Harassment: Sexual harassment is a specific form of harassment.  The term refers to unwelcome conduct, based on sex or on gender stereotypes that a reasonable person would find intimidating, hostile or offensive. Sexual harassment may include, for example, exposing a person to unwanted sexually graphic conversation; an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to unwelcome sexual attention or advances; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence or sexual assault; intimate partner violence; sexual interest-based stalking, or gender-based bullying.

There are three types of Sexual Harassment:

  • QUID PRO QUO: Benefits offered or withheld as a means of coercing sexual favors.
  • HOSTILE ENVIRONMENT:Conduct that unreasonably interferes with the victim’s work/academic performance or repeatedly creates an intimidating, hostile or offensive environment.
  • RETALIATORY: retaliation against an individual or individuals for bringing a complaint or participating in a complaint

As with other forms of harassment, whether sexual harassment has occurred in violation of this policy depends on a consideration of all the circumstances, including the severity of the incident(s), whether the conduct was repeated, whether it was threatening or merely annoying, and the context in which the incident or interaction occurred.

Examples of behavior and conduct that constitute sexual harassment may include, but are not limited to, the following:

  • physical assault that occurs because of sex or gender;
  • direct or implied threats that submission to sexual advances will be a condition of employment, work status, compensation, promotion, grades, or letters of recommendation;
  • sexual advances, physical or implied, or direct propositions of a sexual nature. This activity may include inappropriate/unnecessary touching or rubbing against another, sexually suggestive or degrading jokes or comments, remarks of a sexual nature about one's clothing and/or body, preferential treatment in exchange for sexual activity, and the inappropriate display of sexually explicit pictures, text, printed materials, or objects that do not serve an academic purpose;
  • a pattern of conduct, which can be subtle in nature, that has sexual or gender overtones and is intended to create, or has the effect of creating, discomfort and/or humiliation of another; or
  • remarks speculating about a person's sexual activities or sexual history, or remarks about sexual activities that do not serve a medical or academic purpose.

Sexual Misconduct: Sexual misconduct refers generically to the categories of sex-based behaviors prohibited by this policy, including sexual harassment, sexual assault, non-consensual sexual contact (or attempts to commit same), non-consensual sexual intercourse (or attempts to commit same), domestic violence, dating violence, stalking and sexual exploitation. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by persons of any gender or sex, and it can occur between people of the same or different sex.

Stalking: Stalking is behavior means a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others' safety, or to suffer substantial emotional distress.   Stalking may involve following or placing another under surveillance, or repeatedly contacting another person for the purpose of harassing and intimidating the other person. The term “contact” means to make or attempt to make any communication, including, but not limited to, communication in person, by telephone, by mail, by broadcast, by computer or computer network, or by any other electronic device It does not require that an overt threat of death or bodily injury be made.

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Policy Interpretations

Consensual Relationships: It is in the interest of the University to provide clear direction and educational opportunities to the University community regarding the professional risks associated with consensual romantic and/or sexual relationships where a definite power differential exists between the parties. The University strongly discourages such relationships.  These relationships are of concern for two primary reasons:

Conflict of Interest: Conflicts of interest may arise in connection with consensual romantic and/or sexual relationships between faculty or other instructional staff and students, or between supervisors and subordinates. University policy and more general ethical principles preclude individuals from evaluating the work or academic performance of others with whom they have intimate familial relationships, or from making hiring, salary, or similar financial decisions concerning such persons. The same principles apply to consensual romantic and/or sexual relationships, and require, at a minimum, that appropriate arrangements be made for objective decision-making with regard to the student, subordinate, or prospective employee.

Abuse of Power Differential: Although conflict of interest issues can be resolved, in a consensual romantic and/or sexual relationship involving power differential, the potential for serious consequences remains. Individuals entering into such relationships must recognize that: 

    • reasons for entering such a relationship may be a function of the power differential;
    • the individual with the power in the relationship will bear the burden of accountability; and
    • such a relationship, whether in a class or work situation, may affect the educational or employment environment for others by creating an appearance of improper, unprofessional, or discriminatory conduct.

Breach of Professional Obligation: A sexual relationship that does not constitute sexual harassment may lead to a breach of professional obligations. A breach of professional obligations, such as basing a decision that affects the evaluation, employment conditions, instruction, and/or academic status of another individual on illegitimate criteria, may result in discipline, sanctioning or termination in accordance with the relevant collective bargaining agreement or University policies.

Supervisory Relationships: No individual who is in a position of authority over another, either in the employment or educational context, has the authority to harass others by virtue of his or her supervisory role. The University does not, in any way, expressly or by implication, condone the harassment of a student or employee by a supervisor, administrator, or faculty member.

Good-Faith Reporting: This policy prohibits retaliation against a person who has made a good-faith report or participated in good-faith in any investigation of this policy.   Good-faith means to provide information which is truthful to the best of the individual’s knowledge and recollection.  To make deliberate false accusations violates this policy. In such instances, the complainant will be subject to disciplinary action. However, the mere fact alone that a violation of this policy is not ultimately established does not constitute proof of a false and/or malicious accusation.

Academic Freedom: Academic freedom is essential to teaching and learning, and freedom of expression is central to the fundamental principles of a university education. Nothing in this policy shall be construed to penalize a member of the University community for expressing an opinion, theory, or idea in the process of responsible teaching and learning or respectful intellectual debate.  Similarly, this policy is not designed to prohibit controversial speakers from being invited to campus.

Student-to-Student Supervisory Relationships: In situations where one of the students is an employee of the University and where the allegations involve a supervisory relationship between students, the Student Affairs and Human Resources will consult with respect to the handling of the complaint.

Reporting Rights: Any Clarkson community member who has been the victim of sexual misconduct has the right to make a report to campus security or one of the University’s Responsible Administrators, local law enforcement, and/or the New York State Police, or choose not to report.  If reported to Clarkson under this policy, a reporting individual will be protected by the University from retaliation and will receive assistance and resources from Clarkson University.  A Students’ Bill of Rights and an additional Statement of Rights for Cases Involving Sexual Assault, Domestic Violence, Dating Violence and Stalking are found at the end of this policy.

Confidentiality and Privacy: Confidential employees have been granted the ability to keep information shared with them strictly confidential and will not share information you relate to them with third parties unless you grant permission.  Click the link to review on and off campus confidential resources.  http://www.clarkson.edu/nondiscrimination/index.html

The University will protect the confidentiality of complaints to the extent possible under the law.  However, in order to conduct an investigation, it is generally necessary to discuss the allegations with the accused and other potential witnesses.  Records of complaints can only be accessed by or disclosed to those with a legitimate, legal right to know.

If a complainant asks that their identity not be made known to the respondent and witnesses or that a case not be investigated or adjudicated, the University will attempt to honor this request.  However, the University is required to weigh the complainant’s request for confidentiality with the University’s commitment to provide a safe and non-discriminatory environment for all members of the Clarkson University community.  The University reserves the right to investigate, adjudicate, discipline and otherwise respond to any incident that comes to its attention.  However, even Clarkson offices and employees who cannot guarantee confidentiality will maintain 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.

Information disclosed at public awareness or advocacy event will not trigger the university’s obligation to report.

Anonymous Reports: The University will accept anonymous reports.  However, due to the nature of anonymous reports, the University’s ability to take responsive action may be limited.  Please follow the link to file an anonymous report. 

FERPA Disclosures: The family educational rights and privacy act, 20 U.S.C. 1232g, allows institutions to share information with parents when i. There is a health or safety emergency, or ii. When the student is a dependent on either parent's prior year federal income tax return; and that generally, the institution shall not share information about a report of domestic violence, dating violence, stalking, or sexual assault with parents without the permission of the reporting individual.

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Policy Procedures

Options for Responding to Incidents
This policy applies campus-wide and sets forth behavioral expectations for all. Any person may make a complaint that this policy has been violated. However, the applicable procedure for investigating and remedying a
complaint depends on whether the accused is a student, an employee, or a non-community member. For instance, a complaint brought by a staff member against a student would be processed pursuant to the student policy; a complaint by a student against a staff member would be processed pursuant to the staff policy; a complaint by a student against another student would be processed pursuant to the student policy; and so on.

1. Law Enforcement
Any person may call 911 or Campus Safety 268-6666 for immediate safety assistance. If you or someone else needs help, call for immediate assistance. Campus Safety can also assist the individual in making a report of a crime to local law enforcement and/or contacting a Responsible Administrator to initiate the University’s internal response mechanisms.

A victim of a crime is encouraged to, but is not required to, report the incident to local law enforcement and pursue criminal charges. When desired a person may pursue either a criminal complaint or University complaint or both. Any internal University investigation and/or hearing process will be conducted concurrently with any criminal justice investigation and proceeding that may be pending. Temporary delays in the University's internal process may be requested by local law enforcement authorities for the purpose of gathering evidence. Any requested temporary delay shall not last more than ten (10) days, except when local law enforcement authorities specifically request and justify a longer delay.

In criminal cases, the preservation of evidence is critical and must be done properly and promptly. For example, in cases of rape or other forms of sexual assault, it is important not to shower, change clothes and even brush your hair, as physical evidence may be lost. In cases of violence or physical abuse, it is important to document injuries, including by taking photographs. The Potsdam Police Department, which can be reached at 315-265-2121, can assist in filing a criminal complaint and in securing appropriate examination, including by a Sexual Assault Nurse Examiner. The New York State Police maintain a 24- hour hotline (1-844-845-7269) staffed by individuals trained to respond to sexual assault.

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 Clarkson community member or other person. In appropriate
circumstances, an order of protection may be available that restricts the accused's right to enter or remain on Clarkson property, and Clarkson will abide by a lawfully issued order of protection. University 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 the University and providing that person with an opportunity to meet or speak with a University 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.

2. Confidential Resources
A person is encouraged to seek support for their emotional and physical needs.


On Campus Confidential Resources

Individuals may wish to seek confidential counseling or support from the following resources. If you are unsure as to where to go or what to do first, contact the Counseling Services on campus at 315-268-2327. Students
may also contact the Student Health Services 315-268-6633. All other Clarkson University employees are not confidential resources. Please see our confidentiality policy for further explanation These counseling and health
services are provided to University students free of charge.

Employees and third parties should contact HAART 315-268-4466 for on campus confidentiality.

Individuals seeking assistance in contacting the University’s confidential resources or any of the off-campus confidential resources in the community can contact the University’s Harassment, Assault, Abuse Response Team.
315-268-4466 HAART Advocates are employees of the university who can offer confidential advice on your options to report misconduct and access support resources. They are not mental health counselors or legal advisors,
but can help you coordinate contact with our Counseling center, Renewal House or the local police.

Off-campus confidential resources are:

  • Canton Potsdam Hospital; 315-265-3000
  • Reach Out; 315-265-2422

A contact with a confidential resource does not result in the filing of a report with the University for investigation, discipline, or any other remedial action.

Health Care Options
The University can assist you in obtaining healthcare or you may choose to contact them on your own.

  • Student Health Services; 315-268-6633
  • Canton Potsdam Hospital; 315-265-3000

A report to a Confidential Resource is not a report to the University and will not result in remedial action or an investigation or disciplinary action. Any person who desires remedial action (such as a change in housing, academic or work assignments) or wishes to seek disciplinary action against the respondent must make a report to one of the Responsible Administrators, listed below.

3. University’s Non-Confidential Resources - Responsible Administrators
The following offices and individuals have been trained to receive and respond to allegations of violations of this policy.
Title IX Coordinator- Prof. Jennifer Ball, 315-268-4208, 315-212-8940 (c)
Dean of Students- Stephen Newkofsky, 315-268-6620
Human Resources, Deputy Title IX Coordinator-Amy McGaheran, 315-268-3788
Deputy Title IX Coordinator, Athletics, Sarah Raymond, 315-268-3758
VP for Students Affairs and International Relations-Kathryn Johnson, 315-268-3943

i. What happens after contacting a Responsible Administrator? A Responsible Administrator will discuss with the complainant available avenues and options. A complainant may be able to take advantage of multiple options
simultaneously. Options include contacting local law enforcement (if the incident involves a crime) and/or pursuing disciplinary action against the accused and/or mediation. In situations where the complainant’s well-being
requires, other options may include immediate remedial action, such as nocontact orders directing the respondent to have no contact with the complainant, changes in class assignments, residence hall assignments,
transportation arrangements, or work assignments to assist the complainant in avoiding contact with the respondent, or other measures to enhance the complainant’s safety, such as escorts or increased monitoring of an area.

ii. How information is shared within the University. A Responsible Administrator is not a confidential resource. A Responsible Administrator will share all information reported to him/her with the Title IX Coordinator (and/or,
if appropriate, the Dean of Students (for cases involving students), the office of Human Resources (for cases involving staff and faculty),

iii. How confidentiality and decisions about taking action are handled. A report to a Responsible Administrator often does, but need not necessarily, lead to an investigation or disciplinary action. The decision about what
action(s) to take depend on many factors, including the complainant’s wishes, particularly in cases of sexual misconduct. A complainant may make a report to a Responsible Administrator and request that the University take no investigatory or disciplinary action. Clarkson endeavors to comply with complainants’ wishes with respect to whether responsive action is taken. However, that is not always possible.

If a complainant requests that no action be taken against the accused (i.e., no investigation or disciplinary action), the Responsible Administrator will consult with the Title IX Coordinator and the other appropriate administrators (i.e., Dean of Students (students), or Human Resources. The University’s decision whether to honor such a request include, but are not limited to, the seriousness of the offense, whether there was a single accused or multiple, whether there is reason to believe that the accused has engaged in this or similar conduct previously, whether the circumstances suggest an ongoing or future risk to the campus community or the complainant, whether the accused has a history of violent behavior or is a repeat offender; whether the incident represents escalation in unlawful conduct on behalf of the accused from previously noted behavior; the increased risk that the accused will commit additional acts of violence; whether the accused used a weapon or force; whether the reporting individual is a minor; whether the University possesses other means to obtain relevant evidence of the sexual misconduct (such as security footage, physical evidence, etc.), whether the victim’s report reveals a pattern of perpetuation at a given location or by a particular group, and the overall safety of the campus community.

A decision will be made as to whether the University can honor the request for confidentiality and a University representative will notify the complainant.

Similarly, a complainant may desire to have investigatory and/or disciplinary action taken, but may wish to have their identity as the complainant kept confidential. Depending on the circumstances, this may or may not be
possible. If any number of people could have reported the incident, it may be possible for the complainant’s identity to remain confidential and not shared with the respondent. However, in other cases, it may not be possible to proceed with investigatory or disciplinary action without revealing the identity of the complainant. If a complainant requests that their name be kept confidential (or if the complainant makes an anonymous complaint), the University’s ability to respond to the complaint may be limited. The appropriate administrators will discuss the situation and the complainant’s request for confidentiality and a decision will be made and shared with the complainant.

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

Interim Measures may be available. Interim actions may be taken by the University to immediately respond to a situation as necessary for the well being of an individual or the community prior to the conclusion of an
investigation or disciplinary hearing. Interim measures may include, but are not limited to, no-contact orders directing the accused to have no contact with the complainant, changes in class assignments, residence hall assignments, transportation arrangements, or work assignments to assist the complainant in not having to interact with the accused, or other measures to enhance the complainant’s safety, such as escorts or increased monitoring of an area. The University may impose a suspension from the campus or parts of the campus, pending the outcome of an investigation and disciplinary proceeding. The University will review the facts and circumstances of each case, as well the complainant’s wishes, in deciding whether and what steps are reasonable and appropriate.

Upon request, the complainant or accused may request a prompt review of the need for and terms of any interim measures 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 or designee may, in their discretion, modify or suspend the interim measures 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.

When a student accused of sexual assault, domestic or dating violence or stalking is determined to present a continuing threat to the health and safety of the campus community, he or she is subject to interim suspension pending the outcome of any proceedings under this policy. Both that student as well as the subject of any such misconduct will, upon written request, be afforded an opportunity for a review of the need for and terms of an interim suspension, including potential modification, by submitting a written request to the Title IX Coordinator, providing the basis for that request and any evidence in support. When the accused is not a student but is a member of the University community, he or she is subject to interim suspension and/or other measures in accordance with applicable collective bargaining agreements and University employment policies and practices.

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Additional Contacts

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History

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Investigation of Complaints
Complaints will be investigated promptly. An investigation may occur because a complainant wishes to proceed with a complaint or because the University determines that this is necessary despite the wishes of the complainant. The University endeavors to ensure that complaints are responded to in a prompt, fair, and impartial manner. In general, investigations will be done by a designee from the Dean of Students' office if the respondent is a student, and by a representative of Human Resources, if the respondent is a faculty member or staff member.

The University endeavors to complete the investigation of a complaint within 30 days. This timeframe may be extended for compelling reasons.

Informal Resolution.
In some cases, an informal resolution may be appropriate. An informal resolution usually takes the form of mediation in which a designed third-party explores whether the parties can agree on a result. Mediation must be agreed upon by both parties, and the Title IX Coordinator must agree that mediation is appropriate. Mediation is not appropriate in cases of sexual assault or violence of any kind.


It may be necessary to conduct an investigation before mediation will be arranged. The University will select the mediator. The parties will not be required to meet together as part of the mediation. At any time during the mediation process the complainant or the respondent has the right to resume the formal processing of the complaint (i.e., investigation, disciplinary procedure, appeal). A mediated resolution may include sanctions. If the mediation results in an agreement, and if this agreement is acceptable to the University, the mediation is considered successful. Both parties will sign a statement agreeing that the mediation was successful, and the matter will be considered resolved. If the mediation is unsuccessful, the formal process will resume. If a party with obligations pursuant to a mediated resolution fails in their obligations, the other party may ask the University to  enforce the terms of the resolution or may proceed with a formal complaint process.

Investigatory and Disciplinary Procedures
In the event of a complaint against a student, the procedures set forth in the Clarkson Regulations Section VI Disciplinary Proceedings will be followed. The Inquiry will follow the generally applicable procedures and Additional Procedures Applicable to Inquiries involving the University Harassment and Sexual Misconduct Policy. Complaints against an individual accepted to the University for study but not yet matriculated will be handled according to these procedures as well. Notwithstanding anything to the contrary in any other policy or procedure, in any case involving sexual assault, domestic violence, dating violence or stalking where the respondent is a student, both the complainant and respondent will be afforded access to one level of appeal before a panel of two or more University representatives.

Amnesty The health and safety of every student at Clarkson is of utmost importance. Clarkson 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 due to fear of potential consequences for their own conduct. Clarkson strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to Clarkson's officials or law enforcement will not be subject to Clarkson'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.

In the event of a complaint against an employee of the University, the procedures set forth in Section 3.1.14 of the University Operations Manual will be followed.

If a complaint is against someone other than a member of the University community, it will be handled by the Dean of Students Office with possible referral to the Potsdam Police Department. The University reserves the right to ban from campus any non-community member.In all cases, the complainant and respondent will have an equal opportunity to

present relevant information and evidence. Both the complainant and respondent shall have the right to exclude their own prior sexual history with persons other than the other party or their own mental health diagnosis and/or treatment from admittance in any disciplinary proceeding held under this policy. Past disciplinary violations involving domestic violence, dating violence, stalking or sexual assault may be considered for purposes of determining the appropriate sanction after the finding of responsibility.

A violation need not be established by proof “beyond a reasonable doubt”, as would apply in a criminal proceedings. Instead, the University applies a “preponderance of the evidence” standard, meaning that it is more likely than not that a violation occurred. A complaint will result in one of two findings:

A. a determination that the policy has been violated and imposition of appropriate disciplinary and/or other remedial action; or
B. a determination that there was no violation of the policy or that a violation cannot be determined and dismissal of the complaint.

Advisor of Choice

Complainant and respondent may have an advisor of choice (at the party’s own expense, if the advisor is a paid advisor) during any investigatory meeting, disciplinary proceeding and any related meeting. The advisor’s role is to support the complainant or respondent throughout the process and aid in their understanding of the investigatory and/or disciplinary process. The advisor may talk quietly with the party, but may not participate in the interview and the party is required to speak on their own behalf. The advisor may not intervene in or disrupt an investigatory meeting or disciplinary proceeding. An advisor who does not abide by this role may be precluded from further participation.

Impact Statement

The complainant and respondent will be permitted to submit a written impact statement to the University after a finding of responsibility for violation of this policy and prior to the determination of an appropriate sanction(s).

The University endeavors to complete the formal disciplinary stage of a complaint within 30 days. This timeframe may be extended for compelling reasons.

Disciplinary and Responsive Action

In all cases where there is a finding of a violation of policy, the University will take prompt and appropriate responsive action to remedy the violation and prevent further incidents. Both Complainant and Respondent will receive simultaneous written notice of the outcome, to the extent permitted by law. The final outcome letter shall include factual findings supporting the determination, the decision and the sanction, if any, as well as the rationale for the decision and sanction.

Student Respondent

In the case of a finding of a violation by a student, disciplinary action may include, but is not limited to, suspension, expulsion, probation, warning, reassignment to another residence hall, restriction from residence halls, and/or no contact with the complainant.

For those crimes of violence that Clarkson University is required by federal law to include in its Annual Security Report, the transcripts of students found responsible after a hearing and appeal, if any, shall include the following notation:

  • Suspended after a finding of responsibility for a code of conduct violation;
  • Expelled after a finding of responsibility for a code of conduct violation, or
  • Withdrew with conduct charges pending

Transcript notations for suspensions may be removed at the discretion of the University, but no earlier than one year after the conclusion of the suspension. Transcript notations for expulsion shall not be removed.

In the case of a non-community member, the action(s) may include, but not be limited to, a ban from University property.

In some cases, additional steps beyond disciplinary action may be warranted, including but not limited to changes in housing or course assignments, or changes in working locations or conditions. A student seeking changes in living or learning conditions should contact Student Affairs. An employee seeking changes in working assignment or conditions should contact Human Resources.

Prohibition against Retaliation.
It is a violation of this policy for students or employees who in good- faith report what they believe to be conduct in violation of this policy, or who cooperates in any investigation, to be subjected to retaliation. Any student or employee who believes they have been the victim of retaliation for reporting harassment or cooperating in an investigation should immediately contact the Title IX Coordinator at 315-268-4208, the Affirmative Action Officer (315-268-6497), the Dean of Students (315-268-6620), or the Human Resources Officeat 315-268-3788.

Clery Act Compliance:

The University is required to include for statistic reporting purposes the occurrence of certain incidents in its Annual Security Report. Names of individuals involved in incidents are not reported or disclosed in ASRs. In the
case of an emergency or ongoing dangerous situation, the University will issue a timely warning to the campus. In such circumstances, the names of the alleged perpetrator may be disclosed to the community but the name of the victim/complainant will not be disclosed.

Policy Compliance

The Affirmative Action Officer and the Title IX Officer are the individuals designated by the President to be primarily responsible for providing education and training concerning discrimination, harassment and sexual misconduct issues.

Deans, Directors, Chairs and all supervisory personnel are responsible for ensuring compliance with this policy.

Individuals with disabilities needing reasonable accommodations or persons for whom English is a second language needing assistance to allow them to fully utilize this policy (e.g., to make a report, file a complaint, participate in investigation interviews, etc.) should make those needs known to the University so they can arrange for assistance. This can be done through the University’s confidential and/or non-confidential resources.

Reporting University Non-Compliance with Federal Legislation

Any person with a concern about the University’s handling of a particular matter should contact the University’s Title IX Coordinator or Affirmative Action Office.

In addition, if an individual feels that the university is failing to comply with federal regulation they may contact the federal government directly. The U.S. Department of Education, Office for Civil Rights is a federal agency
responsible for ensuring compliance with Title IX. OCR may be contacted at 400 Maryland Avenue, SW, Washington, DC 20202-1100, (800) 421-3481.

Please see our Nondiscrimination website for information on University prevention, education and training related to sexual misconduct.

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Students' Bill of Rights

All students have the right to:

  1. Make a report to local law enforcement and/or state police;
  2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
  3. 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;
  4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
  5. Be treated with dignity and to receive from the Institution courteous, fair and respectful health care and counseling services, where available;
  6. 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;
  7. Describe the incident to as few Institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;

  8. 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;

  9. Access to at least one level of appeal of a determination;

  10. 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 during all meetings and hearings related to such process;

  11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the Institution.

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Statement of Rights in Cases Involving Sexual Harassment, Sexual Assault, Domestic/Dating Violence and Stalking

Anyone reporting an incident of sexual assault, domestic or dating violence or stalking has the right to:

  1. Notify Campus Safety, Local Law Enforcement or the New York State Police.
  2. Emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a reporting individual and who can provide information, including:
    1. options to proceed, including the right to make a report to Campus Safety (reports to Campus Safety are reported to the Title IX Coordinator), Local Law Enforcement, and/or the New York State Police or choose not to report; to report the incident to the University; to be protected by the University from retaliation for reporting an incident; and to receive assistance and resources from the University, as set out in Clarkson University’s Harassment and Sexual Misconduct Policy
    2. where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible;
    3. that the criminal justice process utilizes different standards of proof and evidence than the University’s policy and procedures and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney;
    4. whether the person they are reporting to is authorized to offer confidentiality or privacy, and
    5. any other reporting options.
  3. If they are a student, to contact the University’s Health and Counseling Center, where they may be offered confidential resources pursuant to applicable laws and can be assisted in obtaining services for reporting individuals; or to contact non-University confidential resources, including the New York State Office of Victim Services at 1-800-247-8035 or https://ovs.ny.gov.
  4. Disclose confidentially the incident and obtain services from the state or local government;
  5. Disclose the incident to the University’s Responsible Administrators who can offer privacy or, in appropriate cases determined by the Title IX Coordinator, confidentiality, subject the University’ s Harassment and Sexual Misconduct Policy, and can assist in obtaining resources for reporting individuals;
  6. File a report of sexual assault, domestic violence, dating violence, and/or stalking and consult the Title IX Coordinator and other appropriate University personnel for information and assistance. Reports shall be investigated in accordance with University policy. A reporting individual's identity shall remain private if that is what the reporting individual wishes, however privacy is not the same as confidentiality and private information can be shared as necessary to implement and fulfill the University’s obligations under the law and its policies and procedures; 

  7. Disclose, if the accused is a University employee of the institution, the incident to Human Resources or to request that a confidential employee assist in reporting to Human Resources; and 

  8. Receive assistance from appropriate University representatives if interested in initiating legal proceedings in family court or civil court, such assistance to consist of facilitation in contacting appropriate local agencies who can provide direct assistance with court proceedings. 

  9. Withdraw a complaint or involvement from the University processes at any time, with the understanding that in appropriate cases, the University may nonetheless be required to proceed even if the reporting individual does not wish to do so.

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History

July 1987
Revised November 1995 & Approved by the Board of Trustees May 1996
Revised January 2006
Revised February 2010
Revised May 2014
Revised December 2014
Revised September 2015
Editorial Revision December 2016 (revised position titles)