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PROCEDURES FOR REPORTING AND FILING FORMAL CHARGES OF SEXUAL ASSAULT

Statement of Confidentiality

Skidmore College is committed to creating an environment that encourages victims of sexual assault to come forward and report their assault. To that end, the College makes every effort to safeguard the identity of students who seek help and/or want to report a sexual assault. However, even with this ideal at the heart of our reporting procedures, Skidmore cannot guarantee complete confidentiality in every instance.

As is the case with all colleges and universities, Skidmore must balance the needs of the individual victim with its obligation to protect the safety and well-being of the community at-large. Therefore, depending on the nature of the incident, a college safety alert may be posted throughout the campus. These alerts never contain any information identifying victims and/or assailants. In addition, the College must adhere to legal mandates such as Title IX, medical reporting laws, negligence laws, and the Campus Security Act. For example, Skidmore is required to make an annual report documenting the occurrences of several major violent crimes on campus, including sexual assault. However, this report does not include any information identifying the individuals linked to these crimes.

The Jeanne Cleary Disclosure of Campus Security Policy and Campus Crime Statistics Act (for more information see http://cms.skidmore.edu/campus_safety/clery/index.cfm)  mandates that all on-campus resources listed in this brochure report sexual assault incidents to the Director of Campus Safety immediately upon becoming aware of such an incident. Again, this report does not need to include the name of the victim or his/her alleged assailant. At any time after the report of an incident is submitted, the victim may add to the report his/her name or the name of the alleged assailant. It is important to realize that it is nearly impossible for the College to act upon a sexual assault case unless a victim opts to disclose the name of the alleged assailant. Regardless of whether or not they choose to file formal charges, individuals are encouraged to seek medical attention as soon as possible after a sexual assault occurs. This assures that students receive the medical care that they need and also helps to assure the students' ability to make a report or file a formal charge at a future date.

Degrees of Confidentiality

Skidmore College is committed to creating an environment that encourages victims of sexual assault to come forward and report their victimization and makes every effort to safeguard the identities of students who seek help and/or report sexual assault. However, it is important for students to understand the bounds of confidentiality of individuals that they may contact after a sexual assault. Different people, depending upon their position, have different constraints with regard to confidentiality.

The following table further describes degrees of confidentiality. Degrees of Confidentiality Table

If you are sexually assaulted, remember:

It is an act of violence that should be reported immediately. The counseling Center and Health Services are available to all students free of charge. All consultations are fully confidential, and counseling is available whether or not you decide to report an incident of sexual assault.

  • Get to a safe environment as quickly as possible and notify the Department of Campus Safety or the police.
  • Report the incident immediately. Provide Campus Safety and campus officials (see below for phone numbers) with as much detailed information as you can. A formal charge may be filed with the police, the College, or both.
  • Do not shower, bathe, douche, or clean up in any way (this will prevent the loss of valuable evidence).  Preserve all evidence in a paper bag.
  • Utilize College and community resources for immediate and long term assistance.
  • Don't blame yourself; sexual assault is never the victim's fault.
Call:

On-Campus Resources (*indicates availability 24 hours a day/7 days a week)

  • Campus Safety* - 518-580-5566
  • Center for Sex and Gender Relations - 518-580-8255
    (12 noon - 5 p.m. Monday - Friday)
         Peer Advocacy Hotline - 518-256-1439
         (7 p.m. Thursday - 7 p.m. Sunday)
  • Counseling Center - 518-580-5555
    (9 a.m. - 12 noon, 1 p.m. - 5 p.m. Monday - Friday while school is in session)
  • Health Services - 518-580-5550
    (9 a.m. - 12 noon, 1 p.m. - 5 p.m. Monday - Friday, and 12 noon - 5 p.m. Sunday while school is in session)
  • Residence hall Staff Member or Administrator "ON CALL" - 518-580-5566
    (Call Skidmore Campus Safety to contact "on call" person)

Off-Campus Resources (*indicates availability 24 hours a day/7 days a week)

  • Domestic Violence Services, Saratoga Springs - 518-584-8188
  • Saratoga Hospital Emergency Room * - 518-583-8313
  • Saratoga Police * - 518-584-1800
    Note:  If you dial 911 from a College phone, you will reach the Saratoga Springs Police.  If you dial 911 from a cell phone, you will reach the New York State Police or Saratoga County Sheriff's Department.
  • Saratoga Rape Crisis Hotline* - 518-587-2336

The following Skidmore College staff members are available to provide information to anyone who has been sexually assaulted. They are also available to accompany the individual to the emergency room for an examination (8:30 a.m. - 4:30 p.m., Monday - Friday while school is in session; or call Campus Safety at 518-580-5566).  Campus Safety can be called 24 hours/day for after-hours contact information for any of the above resources. Callers are not required to provide their name; however, a contact phone number is needed so the on-call person can contact you.

Ann Marie Przywara, Residential Life - 518-580-5765
Kate Child, Health Promotions - 518-580-8256
Jennifer Burden, Health Promotions - 518-580-5684
Joe Murphy, Residential Life - 518-580-5765

Center for Sex and Gender Relations

The Center for Sex and Gender Relations, located on the third floor of Case Center, works with students, faculty, and staff to educate and support healthy and equitable relationships, both personal and professional, between and among women and men. The Center forms partnerships with on- and off-campus service providers for information and counseling referral. The Center offers a safe, confidential space where students may have open discussions about sexual and relationship issues. Students can visit the Center or call 518-580-8255 (TALK) if they need help or information regarding sexual assault questions. Students may also call the Center's Peer Advocacy Hotline number (518-256-1439), which is available from 7 p.m. Thursday to 7 p.m. Sunday while school is in session. Faculty and staff who require assistance are encouraged to contact Human Resources or their Employee Assistance Program professional.

For More Information

Safety orientations are conducted each year for first-year students during New Student Orientation and for all students at meetings held in the fall semester in each residence hall. In addition, numerous educational and awareness-raising programs are sponsored throughout the year by Student Affairs, student clubs, and organizations, including the Center for Sex and Gender Relations. Skidmore Campus Safety issues safety alerts when necessary and appropriate with informa5tion provided in a timely fashion to all members of the College community. These alerts may be transmitted via the College's email, phone-message system, and posted flyers.

Skidmore summer residents should contact their specific program director and/or the dean of special programs or the director of summer conferences, 518-580-5590, in addition to College or community resources listed above.

Procedures for Reporting and Filing Formal Charges of Sexual Assault

Skidmore College takes crimes of sexualassault extremely seriously and encourages students to report all such incidents of sexual assault. Therefore, it is important for students to understand their reporting options. Students are free to report instances of sexual assault to the College regardless of whether or not they choose to press formal charges with the police department. Similarly, students are free to file formal charges with the police regardless of whether or not they choose to report the incident to the College.

Reporting to the College

Individuals who wish to report a sexual assault to the College should notify the Department of Campus Safety as soon as possible after the incident occurs. Campus Safety is experienced at dealing with instances of sexual assault and works closely with police resources as needed.  When the accused is a Skidmore College student, the victim has the opportunity to file a report with Skidmore Campus Safety or with any of the on-campus resources listed on pages 37 and 38.

Filing Formal Charges through the Skidmore College Judicial System

Enrolled students who are victims of sexual assault may file formal charges with the Associate Dean of Student Affairs (518-580-5765) if the alleged assailant is also an enrolled student.Although there is no time limit on the filing of formal charges with the College, a prompt formal charge is likely to result in a more satisfactory investigation because memories are fresh and affected parties are more readily available.

Skidmore's judicial system governs violations of the College's Code of Student Conduct and this sexual assault policy, but does not determine if criminal acts have been committed. Therefore, students wishing to press formal criminal charges against an alleged assailant should file formal charges with the police. In making the decision regarding whether or not to file a formal charge, students are welcome to confer with any of the on-campus staff members listed in this document.

The College's judicial procedure specifically designed to adjudicate charges of sexual assault is called an administrative hearing. The Associate Dean of Student Affairs selects three administrators and/or faculty members to act as the administrative board, and one person is designated as the chairperson. The administrative board hears and determines cases of sexual assault. The complainant and the respondent (person charged with sexual assault) are typically both present at the administrative hearing along with any relevant affected parties.  If a complainant does not file a formal charge, the Associate Dean of Student Affairs may still choose to proceed with an administrative hearing based on the complainant's report of sexual assault. If it is determined that a violation of this policy has occurred, College judicial sanctions against the respondent may range from a verbal warning to dismissal from the College.


Rights of the Complainant and of the Respondent at Skidmore College

Rights of the complainant

  • The right to an explanation of the options available.

  • The right to have a support person (a member of the Skidmore College community only) present throughout the hearing. All participants will be bound by the rules of confidentiality governing the hearing. (For a list of available support people, contact the Associate Dean of Student Affairs at 518-580-5765.)

  • The right not to have irrelevant past sexual history discussed during the hearing.

  • The right to be present for the hearing (except for closed deliberations held by the hearing board) and to inspect the information and materials presented.

  • The right to a hearing without unnecessary delays.

  • The right to speak on one's own behalf.

  • The right to know the status of the case at any point during the judicial process.

  • The right to be informed of the outcome of the hearing in a timely manner.

Rights of the Respondent

  • The right to an explanation of the charges and the campus hearing process.
  • The right to have a support person (a member of the Skidmore College community only) present throughout the hearing. All participants will be bound by the rules of confidentiality governing the hearing. (For a list of available support people, contact the Associate Dean of Student Affairs at 518-580-5765.)
  • The right to be presumed not in violation of this policy until a violation is established by the standard of clear and convincing information.
  •  The right to be present for the hearing (except for closed deliberations held by the hearing board) and to inspect the information and materials presented.
  • The right to a hearing without unnecessary delays.
  • The right to speak on one's own behalf.
  • The right to know the status of the case at any point during the judicial process.
  • The right to be informed of the outcome of the hearing in a timely manner.

Filing Formal Charges with the Police Department

Students may pursue a College judicial hearing by filing formal charges with the College whether or not they pursue the case via formal charges through the New York State criminal system. Students may file form charges with the police. If desired, Skidmore Campus Safety will provide students with information to help them with that decision. Campus safety officers or representatives of the College are available to accompany the victim to the police station to file formal charges. The College has no control over any criminal investigations and criminal processes.

Frequently Asked Questions

The following are some of the most frequently asked questions regarding the Skidmore College sexual assault policy and procedure.

  • What if I am not sure what happened to me?
    Take a deep breath and give yourself as much time as you need to sort out what you are thinking and feeling. Take care of yourself physically first and seek medical attention. Your health and safety, both physical and emotional, come first. Find people to talk with who are supportive and nonjudgmental and who will help you decide what is best for you. Consider speaking to a counselor in Skidmore's Counseling Center or an advocate at Saratoga Domestic Violence/Rape Crisis.  These individuals can help you to sort through what happened. Talking with them is completely confidential and your welfare is their first priority.  

  • If I have been sexually assaulted, does the case remain confidential?
    Student conduct cases, including those involving sexual assault, are considered confidential by the College. Please refer to pages 3 and 4 of this publication for an explanation regarding the degree of confidentiality.  In the rarest of cases, and where an alleged assailant is considered a danger to the campus community, the alleged assailant will immediately be separated from the College and appropriate College administrators will be notified of the separation.

  • Will my parents be told?
    If a student has been seriously injured or if a student may be suspended or dismissed from College, the answer is yes.  Whether you are the complainant or the respondent, Skidmore College's primary responsibility is to the student. Parents who are classified as legal guardians, however, have the right to be informed of life-threatening or otherwise serious incidents. In the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents before the College is forced to do so.

  • As a complainant, will I have to confront my assailant?
    If formal charges are filed, yes, the respondent will be permitted to attend the entire hearing so that he/she may hear and answer to all of the charges lodged against him/her.

  • As a complainant, do I have to name the alleged assailant?
    The choice is yours. Yes, if you want to make a formal charge and pursue judicial action taken against the respondent. No, if you choose to report the alleged incident and do not want formal judicial action to be taken.

  • Will I have to pay for counseling or medical care?
    Not if the care is provided through Skidmore College's Health Services or Counseling Center. Hospital and off-campus fees are covered according to your own insurance policy. An emergency loan may be available through the Dean of Student Affairs Office, Case Center, Room 311 (see http://cms.skidmore.edu/dean-students/upload/TUDOR-LOAN-info-2.pdf). If criminal charges are filed, the complainant may be able to have his/her expenses paid by the Victim's Compensation Fund through the local district attorney's office.

  • What do I do about legal advice?
    In a criminal action, the complainant is represented by the district attorney's office; the respondent needs to retain legal counsel.

    In a civil action, both the complainant and the respondent need to retain legal counsel.

    In a campus judicial proceeding (administrative hearing), both the complainant and respondent are advised by designated College officials. The College's legal counsel does not represent individual students. Complainants and respondents are eligible to receive one consultation with an attorney retained by the Student Government Association at no charge. (Information regarding this is available at the Office of Residential Life, 1st floor, Rounds Hall, 518-580-5765, and the Office of the Dean of Student Affairs, 3rd floor, Case Center, 518-580-5760.)

  • What if the alleged assailant is not a member of the Skidmore community?         
    Skidmore's support resources (e.g. medical, legal, counseling options) are available to the victim whether or not the alleged assailant is a Skidmore community member. Criminal or legal action, if pursued, would be through the criminal or civil court systems.
     
  • What about changing residence hall rooms?
    Either the complainant or respondent may be moved to another room or residence hall by the Office of Residential Life, depending on the circumstances involved. Each case is treated on an individual basis.

  • In the definition of sexual assault, reference is made to a person being incapable of giving consent because of "temporary mental or physical incapacity." What does this mean?
    Temporary mental or physical incapacity includes a variety of situations. For example, a person under the influence of alcohol and/or other drugs, to the extent that he/she is unable to make a rational decision, is considered temporarily mentally and physically incapable of giving consent.  

  • Will the use of alcohol and/or other drugs affect the outcome of a sexual assault judicial case?
    It will have some effect. However, the fact that either the complainant or respondent was under the influence of alcohol and/or other drug during the alleged incident is peripheral to the issue may not be central to the outcome.

  • Will a student be punished when reporting a sexual assault policy violation if he/she illegally used drugs and/or alcohol?
    This will depend on the circumstances. The seriousness of sexual assault is a major concern and our overriding objective is to encourage the reporting of sexual assault. The College does not want any of the circumstances (e.g. drug or alcohol use) to inhibit the reporting of sexual assault. Each situation will be decided on a case-by-case basis.  
          
  • To whom does Skidmore's sexual assault policy apply?       
    It applies to all employees of the College (faculty, staff, and students who are drawing a paycheck from Skidmore) though sexual assault may come from individuals outside the Skidmore community (salespeople, alumni, visitors, etc.).  

    In addition, this policy protects all enrolled students from sexual assault within the College, while away on a study-abroad program and/or during an internship or volunteer assignment if the assailant is another enrolled student.  Individuals should report any instances they believe to constitute sexual assault.  Disclosing such incidents provides the parties an opportunity for consultation with appropriate College personnel and the opportunity to resolve complaints promptly and effectively.  All enrolled students should expect that they may seek the resources of the College if they are victims of sexual assault.  Similarly, enrolled students should expect that they will be subject to College judicial proceedings and, possibly, sanctions if they are found to have violated the College's sexual assault policy. The policy also applies to students living abroad for a semester or a year, students who are studying at another institution of higher education in the United States, and students on personal and medical leaves. Skidmore students who find themselves in circumstances just defined and who believe that they have been sexually assaulted are encouraged to report the sexual assault. They are welcome to avail themselves of any and all campus resources described in this Handbook, and they are also encouraged to formally charge assailants through the College judicial system if the latter are Skidmore students. If the assailant is not a Skidmore student, the victim may pursue criminal action with the police, and is encouraged to seek support through utilization of College resources.  

  • How does the College deal with False Allegations of Sexual Assault?
    A student who knowingly or maliciously makes a false allegation of sexual assault may be subject to disciplinary action by the College and/or arrest.  

  • Is "date rape" considered sexual assault?
    Yes. Sexual assault includes ALL incidents of rape (forced sexual intercourse), regardless of the words used to describe the rape. Date rape (or "acquaintance rape"), gang rape, etc., are all examples of rape, so they are all included in the definition of sexual assault.

  • I've heard the phrase "regretted sex"—is this the same as date rape?
    This phrase refers to sexual activity that is consensual but regretted by one or both partners afterward. Regretted sex occurs when individuals are not clear with themselves or with potential partners about their values regarding sexual activity. Regretting sex after you've given consent to a partner and engaged in sexual activity does not entitle you to levy a charge of sexual assault. Students may want, however, to seek counseling from the Counseling Center in order to clarify their values regarding sexuality. They may also need to learn how to clearly and assertively communicate both their intentions and their limits to individuals they are attracted to and with whom they might like to become physically and sexually active.