JCC prohibits gender and sexual discrimination
Title IX of the Education Amendment prohibits discrimination in the provision of services or benefits offered by Jamestown Community College based upon gender. Sexual discrimination includes sexual harassment, sexual assault, and sexual violence.
As defined by the Equal Employment Opportunity Commission, and the Office of Civil Rights Department of Education, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
The following are examples of types of conduct that may constitute sexual harassment:
- Inappropriate touching, patting, or pinching
- Physical assault or coerced sexual activity
- Demands or subtle pressure for sexual favors
- Obscene phone calls, email, or gestures
Any person (student, faculty, or staff) who believes that discriminatory practices have been engaged in based upon gender may discuss their concerns and file informal or formal complaints of possible Title IX violations with JCC’s Title IX coordinator.
|Sexual violence response policy|
In accordance with the Students’ Bill of Rights, reporting individuals 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:
To disclose 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 report is available in the Options for Confidentially Disclosing Sexual Violence Policy;
To disclose confidentially the incident and obtain services from the New York State, New York City or county hotlines: http://www.opdv.ny.gov/help/dvhotlines.html. Additional disclosure and assistance options are catalogued by the Office for the Prevention of Domestic Violence and presented in several languages: http://www.opdv.ny.gov/help/index.html (or by calling 1.800.942.6906), and assistance can also be obtained through:
To disclose the incident to one of the following college officials who can offer privacy and can provide information about remedies, accommodations, evidence preservation, and how to obtain resources. These college officials will disclose that they are private and not confidential resources, and they 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. They will notify reporting individuals that the criminal justice process uses different standards of proof and evidence than internal procedures, and questions about the penal law or the criminal process should be directed to law enforcement or the district attorney,
To file a criminal complaint with local law enforcement:
To receive assistance by the JCC Safety and Security Office in initiating legal proceedings in family court or civil court
To file a report of sexual assault, domestic violence, dating violence, and/or stalking, and/or talk to the Title IX Coordinator for information and assistance. Reports will be investigated in accordance with JCC policy and the reporting individual’s identity shall remain private at all times if said reporting individual wishes to maintain privacy. If a reporting individual wishes to keep his/her identity anonymous, he or she utilize the Silent Witness process anonymously to report the situation and access available options:
When the accused is an employee, the reporting individual may also report the incident to the Office of Human Resources and College-Wide Safety 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. When the accused is an employee of an affiliated entity or vendor of the college, college officials will, at the request of the victim/survivor, 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 JCC process at any time.
JCC will ensure that at the first instance of disclosure by a reporting individual to a college representative, the following information shall be presented to the reporting individual:
To obtain effective intervention and community referral services.
Sexual contact can transmit Sexually Transmitted Diseases (STD) and may result in pregnancy. Testing for STDs and emergency contraception is available
Contact information for STD testing:
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 may be found here: http://www.ovs.ny.gov/files/ovs_rights_of_cv_booklet.pdf , or by calling 1.800.247.8035. Options are explained here: http://www.ovs.ny.gov/helpforcrimevictims.html.
III. Protection and Accommodations:
IV. Student Conduct Process:
To file student conduct charges against the accused. Conduct proceedings are governed by the procedures set forth in the JCC Code of Conduct as found in the JCC Constitution of the Student Body as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions.
Throughout conduct proceedings, the accused and the victim/survivor will have:
|Students' bill of rights|
The State University of New York and Jamestown Community College are committed to providing options, support, and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in College-wide and campus programs, activities, and employment. All victims/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, off campus, or while studying abroad:
All students have the right to:
|Options for confidentially disclosing sexual violence|
The State University of New York and Jamestown Community College 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. 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. In this Policy:
Privileged and Confidential Resources.
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 JCC, this includes:
Off-campus options to disclose sexual violence confidentially include (note that these outside options do not provide any information to the campus):
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.
Non-Professional Counselors and Advocates:
Non-professional counselors and advocates can also assist you without sharing information that could identify you. At Jamestown Community College, this includes certain members of JCC’s Counseling and Career Center: 716.338.1007 for Jamestown – Hamilton Collegiate Center; 716.376.7508 for Cattaraugus – Student Center; 716.363.6500 for the North County Center. https://www.sunyjcc.edu/student-life/student-services/counseling
These individuals will report the nature, date, time, and general location of an incident to JCC's Title IX Coordinator, but will consult with you to ensure no personally identifying details are shared without your consent. These individuals are not considered confidential resources as discussed above.
Privacy versus Confidentiality:
Even JCC 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 to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible under the law for tracking patterns and spotting systemic issues. Jamestown 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.
Requesting Confidentiality: How JCC Will Weigh the Request and Respond:
If you disclose an incident to a JCC 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 will assist you with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of your reporting choices. While reporting individuals may request accommodations through several college offices, the office of the Vice President for Student Development (Hamilton Collegiate Center, 716.338.1025, firstname.lastname@example.org) can serve as a primary point of contact to assist with these measures. 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.
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 JCC’s failure to act does not adequately mitigate the risk of harm to you or other members of the JCC community. Honoring your request may limit our ability to meaningfully investigate and pursue conduct action against an accused individual. If we determine that an investigation is required, we will notify you and take immediate action as necessary to protect and assist you.
When you disclose an incident to someone who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality, Jamestown Community College officials will consider many factors to determine whether to proceed despite that request. These factors include, but are not limited to:
If JCC determines that it must move forward with an investigation, the reporting individual will be notified and JCC will take immediate action as necessary to protect and assist them.
Public Awareness/Advocacy Events:
If you disclose a situation through a public awareness event such as “Take Back the Night,” candlelight vigils, protests, or other public event, JCC is not obligated to begin an investigation. JCC may use the information you provide to inform the need for additional education and prevention efforts.
Jamestown Community College understands the difficulty people may experience in face-to-face reporting of crimes or incidents of concern. As a result, the College offers the Silent Witness Program to anyone who has witnessed, or knows about, a crime committed on campus.
An individual can pull up the silent Witness form on the JCC web page from any computer and enter information on the type of crime, location of the crime and any details. The information is then routed to the Director of Campus Wide Security who follows up with an investigation. More information and the reporting form may be found at: http://www.sunyjcc.edu/student-life/campus-safety/silent-witness-form.
The Hotline is for crisis intervention, resources and referrals and is not a reporting mechanism.
New York State Hotline for Sexual Assault and Domestic Violence: 1.800.942.6906
Institutional Crime Reporting
Reports of certain crimes occurring in certain geographic locations will be included in the JCC Clery Act Annual Security Report in an anonymized manner that neither identifies the specifics of the crime or the identity of the reporting individual or victim/survivor. The contact for Title IX and Clery reporting is: Barry Swanson, Title IX Coordinator and JCC Coordinator of Safety and Security, Hamilton Collegiate Center, 716.338.1015.
Jamestown Community College is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when potentially compromising law enforcement efforts and when the warning itself could potentially identify the reporting individual or victim/survivor). A reporting individual will never be identified in a timely warning.
The Family Educational Rights and Privacy Act allows institutions to share information with parents when (1) there is a health or safety emergency, or (2) when the student is a dependent on either parents’ prior year federal income tax return. Generally, JCC will not share information about a report of sexual violence with parents without the permission of the reporting individual.