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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:

I.  Reporting

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;

  • Counseling Centers – 716.338.1007 for Jamestown; 716.376.7508 for Cattaraugus; 716.363.6500 for the North County Center
  • Health Centers – 716.338.1013 for Jamestown; 716.376.7569 for Cattaraugus

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:

  • SurvJustice (survjustice.org);
  • Legal Momentum (www.legalmomentum.org);
  • NYSCASA (nyscasa.org/get-help);  
  • NYSCADV (www.nyscadv.org); 
  • Pandora’s Project (www.pandys.org/lgbtsurvivors.html);
  • GLBTQ Domestic Violence Project (www.glbtqdvp.org); and
  • RAINN (https://www.rainn.org/get-help). 
  • Safe Horizons: http://www.safehorizon.org.  (Note that these hotlines are for crisis intervention, resources, and referrals, and are not reporting mechanisms, meaning that disclosure on a call to a hotline does not provide any information to the campus. Reporting individuals are encouraged to additionally contact a campus confidential or private resource so that the campus can take appropriate action in these cases).

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,

  • Title IX Coordinator;
  • JCC Safety and Security Office (during regular business hours);
  • Student Judicial Officer;
  • Director of Residence Life;
  • JCC Health Centers;
  • Counseling Centers.

To file a criminal complaint with local law enforcement:

  • Jamestown Police Department: 201 E. 2nd St., Jamestown, NY  14701 – 716.483.7536
  • Olean Police Department:  101 E. State St., Olean, NY  14760 - 716.376.5677
  • Dunkirk Police Department:  342 Central Ave., Dunkirk, NY  14048 – 716.366.2266
  • NY State Police 24-hour hotline to report sexual assault on a NY college campus:  1.844.845.7269.

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:

  • Barry Swanson, Title IX Coordinator, Office College-Wide Safety and Security, 716.338.1015 barryswanson@mail.sunyjcc.edu

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.

  • JCC Office of Human Resources and College-Wide Safety, Hamilton Collegiate Center, 525 Falconer St., Jamestown, NY  14702  716.338.1035

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:

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

II. Resources:

To obtain effective intervention and community referral services.

  • Counseling Office – 716.338.1007 for Jamestown (Hamilton Collegiate Center); 716.376.7508 for Cattaraugus (Student Center); 716.363.6500 for the North County Center (Classroom Building).  No charge to JCC students.
  • Health Centers – 716.338.1013 for Jamestown; 716.376.7569 for Cattaraugus.  No charge to JCC students.
  • SUNY Sexual Assault & Violence Resource (SAVR) – This link provides a list of both on and off campus resources SUNY-wide.

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:

  • Chautauqua County Health Department (Jamestown) – 110 E. 4th St., Jamestown, NY  14701  716.661.8111 (appointments preferred – sliding scale fee or insurance);
  • Chautauqua County Health Department (Dunkirk) – 319 Central Ave., 3rd Floor, Dunkirk, NY  14048  716.363.3660 (appointments preferred – sliding scale fee or insurance);
  • Cattaraugus County Health Department (Olean) – 1 Leo Moss Drive, Olean, NY  14760  716.701.3439 (appointment required – sliding scale fee or insurance; lab costs may be also be charged).

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:

  • When the accused is a student, to have the college issue a “No Contact Order,” meaning that continuing to contact the protected individual is a violation of college policy subject to additional conduct charges; if the accused and a protected person observe each other in a public place, it is the responsibility of the accused to leave the area immediately and without directly contacting the protected person.
  • To have assistance from the JCC Office of Human Resources and College-Wide Safety or other college officials in obtaining an Order of Protection or, if outside of New York State, an equivalent protective or restraining order.
  • To receive a copy of the Order of Protection or equivalent and have an opportunity to meet or speak with a college official who can explain the order and answer questions about it, including information from the Order about the accused’s responsibility to stay away from the protected person(s); that burden does not rest on the protected person(s).
  • To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension.
  • To have assistance from the JCC Office of Human Resources and College-Wide Safety in effecting an arrest when an individual violates an Order of Protection or, if outside of New York State, an equivalent protective or restraining order through the assistance of local law enforcement in effecting an arrest for violating such an order. 
  • When the accused is a student and presents a continuing threat to the health and safety of the community, to have the accused subject to interim suspension pending the outcome of a conduct process.
  • When the accused is not a member of the college community, to have assistance from the JCC Office of Human Resources and College-Wide Safety or other college officials in obtaining a persona non grata letter, subject to legal requirements and college policy.
  • To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to ensure safety, prevent retaliation, and avoid an ongoing hostile environment. While victims/survivors may request accommodations through any of the offices referenced in this policy, the following office can serve as a point to assist with these measures:
    • JCC Office of the Vice President of Student Development, Administration Wing of the Hamilton Collegiate Center, 716.338.1025

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:

  • The same opportunity to have access to an advisor of their choice. Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct;
  • The right to a prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, and other issues related to sexual assault, domestic violence, dating violence, and stalking.
  • The right to an investigation and process conducted in a manner that recognizes the legal and policy requirements of due process and is not conducted by individuals with a conflict of interest.
  • The right to receive written or electronic notice of any meeting or hearing they are required to or are eligible to attend.
  • The right to have a conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than 10 days except when law enforcement specifically requests and justifies a longer delay.
  • The right to review available evidence in the case file.
  • The right to a range of options for providing testimony via alternative arrangements, including telephone/videoconferencing or testifying with a room partition.
  • The right to exclude prior sexual history or past mental health history from admittance in college disciplinary stage that determines responsibility. Past sexual violence findings may be admissible in the disciplinary stage that determines sanction.
  • The right to ask questions of the decision maker and via the decision maker indirectly request responses from other parties and any other witnesses present.
  • The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.
  • The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the sanction(s).
  •  The right to know the sanction(s) that may be imposed on the accused based upon the outcome of the conduct proceeding and the reason for the actual sanction imposed. For students found responsible for sexual assault, the available sanctions are suspension with additional requirements and expulsion/dismissal.
  • The JCC Vice President of Student Development is the College Judicial Officer; Administration Wing, Hamilton Collegiate Center, 525 Falconer St., Jamestown, NY  14702  716.338.1025.
  • The right to choose whether to disclose or discuss the outcome of a conduct hearing.
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:

  • Make a report to local law enforcement and/or state police;
  • Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
  • Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure from the institution;
  • Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
  • Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
  • Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
  • Describe the incident to as few institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident;
  • Be free from retaliation by the institution, the accused and/or the respondent, and/or their friends, family, and acquaintances within the jurisdiction of the institution;
  • Access to at least one level of appeal of a determination;
  • Be accompanied by 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;
  • Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or or judicial or conduct process of the College.
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.
Non-Professional Counselors and Advocates.
Privacy versus Confidentiality.
Requesting Confidentiality: How JCC Will Weigh the Request and Respond.
Public Awareness/Advocacy Events.
Anonymous Disclosure.
Institutional Crime Reporting.

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:

  • 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  

  • JCC Health Office - licensed medical professionals:  716.338.1013 for Jamestown – Hamilton Collegiate Center; 716.376.7569 for Cattaraugus – Student Center. https://www.sunyjcc.edu/student-life/student-services/college-health-services   

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

  • Off-campus counselors and advocates. Crisis services offices will generally maintain confidentiality unless you request disclosure and sign a consent or waiver form. More information on an agency’s policies on confidentiality may be obtained directly from the agency.

    • Chautauqua County Crisis Center – Stacey Tanner, Director of Human Services for the Salvation Army Rape Crisis Services, 83 S. Main St., Jamestown, NY  14702  716.664.6567 (office) and 800.252.8748 (Hot Line).

    • Cattaraugus County Crisis Center – Amy Maitland, Director of Cattaraugus Community Action Victim Services & Rape Crisis Program, 25 Jefferson St., Salamanca, NY  14779  716.945.1041 X119 (Office) and 888.945.3970 (Hot Line).

    • Chautauqua County Sexual Assault Nurse Examiner (SANE) Services – Maureen Kohl, WCA Hospital (Emergency Room), 207 Foote Ave., Jamestown, NY  14702  716.664.8120.

  • Off-campus healthcare providers

    • Note that medical office and insurance billing practices may reveal information to the insurance policyholder, including medication and/or examinations paid for or administered. 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 compensation. 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 .

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, eileengoodling@mail.sunyjcc.edu)  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:

  • Whether the accused has a history of violent behavior or is a repeat offender;

  • Whether the incident represents escalation, such as a situation that previously involved sustained stalking,

  • 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; and

  • Whether we possess other means to obtain evidence such as security footage, and whether the report reveals a pattern of perpetration at a given location or by a particular group.

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.

Anonymous Disclosure:

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.

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Contact Campus Safety

Jamestown Campus
(Hamilton Collegiate Center)

716.338.1015 or 716.490.0115 (cell)