Sexual violence prevention and support

Affirmative Consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. 

• The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
• Consent is active, not passive. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily establish consent for any other sexual acts.
• Consent is the responsibility of the person(s) initiating, and it's required regardless of whether the person(s) initiating sexual activity has been using drugs and/or alcohol. A student who is charged with sexual activity without consent cannot use the fact that they themselves were under the influence of drugs and/or alcohol at the time of the incident as a defense to the violation.
• Consent can be given through words or actions, as long as those words or actions create clear permission and willingness to engage in sexual activity; silence itself does not equal consent. Moreover, it is not a defense to sexual activity without consent to say that a reporting individual failed to say no or actively resist.  
• Consent can be withdrawn at any time, even when it has been initially given. When consent is withdrawn, or if it can no longer be given, sexual activity must stop.
• Consent is not coerced. It cannot be given as a result of coercion, intimidation, force, or the threat of harm.

Consent cannot be given when a person is incapacitated, meaning they lack the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by:

• Lack of consciousness or being asleep;
• Being involuntarily restrained;
• Use of alcohol, drugs or other intoxicants, depending on the degree of intoxication;
• If any of the parties are under the age of 17; and/or
• If an individual otherwise cannot consent.

The health and safety of every student at the State University of New York and its state-operated and community colleges is of utmost importance. SUNY Adirondack recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that an incident of sexual or interpersonal violence occurs may be hesitant to report such incidents due to fear of potential consequences related to their own conduct.

SUNY Adirondack strongly encourages students to report any incidents of domestic violence, dating violence, stalking or sexual assault to a college official. A bystander or reporting individual that, in good faith, discloses any incident of domestic violence, dating violence, stalking or sexual assault to a SUNY Adirondack official or local law enforcement will not be subject to Code of Conduct action for violations relating to the use of alcohol and/or illegal drugs at or near the time the violence was committed.

This amnesty:

• Specifically covers Code of Conduct action of a disciplinary nature. It does not prevent SUNY Adirondack from seeking help for a student who is struggling with excessive alcohol or drug use or addiction, or who is otherwise in danger.
• Is unrelated to off-campus adjudication, such as criminal prosecution or arrest by outside law enforcement.
• Is available for alcohol and/or illegal drug use by individuals. Dealers and distributors are not shielded from adjudication, nor are those who drug others without their knowledge.
• Does not specifically limit the actions of external laws, policies or accreditation requirements that require removal or restrictions for those using alcohol or drugs from a clinical or similar setting.

Even SUNY Adirondack offices and employees that cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a nonconfidential resource will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX coordinator or designee, who are responsible for tracking patterns and spotting systemic issues. SUNY Adirondack will limit the disclosure as much as possible, even if the Title IX coordinator determines that a request for confidentiality cannot be honored. 

If you disclose an incident to a SUNY Adirondack employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to SUNY Adirondack’s request to initiate an investigation, the Title IX coordinator must weigh your request against our obligation to provide a safe, nondiscriminatory 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 Title IX coordinator 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 nor the situation you disclosed.

We may seek consent from you before conducting an investigation. You may decline to consent to an investigation, and that determination will be honored unless the college’s failure to act does not adequately mitigate the risk of harm to you or other members of the SUNY Adirondack community. Honoring your request for confidentiality may limit our ability to meaningfully investigate and pursue conduct action against an accused individual.

When you disclose an incident to someone who is responsible for responding to and/or reporting sexual violence or sexual harassment but wish to maintain confidentiality, SUNY Adirondack will consider many factors to determine whether we must proceed despite your 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;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 the college determines we must move forward with an investigation despite the request for confidentiality, the reporting individual or victim/survivor will be notified and the college will take immediate action as necessary to protect and assist them.

We are aware of the sensitivity of situations involving sexual harassment and sexual violence and urge those who have observed or experienced any incident to seek support and assistance as soon as possible. A written complaint or formal grievance need not be made to seek advice or use resources. SUNY Adirondack offers the following to assist students and employees in understanding the options and support services available to them:

SUNY Adirondack Title IX coordinator

• The Title IX Coordinator will make sure you understand all of your rights and options for moving forward, as well as all of the resources available to you.
• The Title IX Coordinator will work closely with Public Safety, the Dean for Student Affairs, and the Director of Human Resources in the filing and adjudication of complaints through our campus processes.

On- and off-campus authorities

• Anyone wishing to file a criminal complaint can contact Campus Public Safety, local or state police, and/or the Campus Sexual Assault Victims Unit.
• The Title IX Coordinator can help connect you to any of these resources.

Confidential and Pprivate resources 

• Your privacy will be respected and protected to the greatest extent practicable at all times, though strict confidentiality can only be guaranteed by licensed health professionals, off-campus victim advocates (such as employees at a Rape Crisis Center), and clergy.
• SUNY Adirondack’s Counseling Center offers both private and confidential counseling services at no cost to students.
• You can also access outside confidential support services, including hotlines and victim advocacy organizations.

The Title IX coordinator, in conjunction with Student Affairs, Student Life, Counseling and Human Resources, will provide training and educational programming throughout the year and as requested. Information and resources are always available from the Title IX coordinator. 

The State University of New York and SUNY Adirondack want you to have information and support you need regardless of whether you want to move forward with a report of sexual violence to college officials or to police. You might want to talk with someone about something you observed or experienced, even if you aren’t sure it constitutes sexual violence. A conversation in which questions can be answered is far better than keeping something to yourself. The related College Policies section and Options for Confidentially Disclosing Sexual Violence section can be found below.

SUNY has created a thorough list of resources available in New York state. Visit the SUNY Sexual Assault & Violence Response (SAVR) Resources to search by proximity to campus or by geographic region.

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 or safety emergency. Please note that even individuals who can typically maintain confidentiality are subject to exceptions under the law, including the mandatory reporting of child abuse.

SUNY Adirondack confidential resources

• Holly Irion, Licensed Mental Health Counselor: 518-681-5620; irionh@sunyacc.edu; Washington Hall 118
• Beth Braxton, Licensed Mental Health Counselor: 518-743-2249; braxtone@sunyacc.edu; Washington Hall 113
   

Off-campus counselors and advocates

• Planned Parenthood 24-Hour Rape Crisis Hotline: 866-307-4086
• Domestic Violence Project 24-Hour Hotline: 518-793-9496
• Saratoga County Wellspring Victim Services 24-Hour Hotline: 518-584-8188

Note: These outside services do not provide any information to SUNY Adirondack. They 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.

Off-campus health care providers

• Glens Falls Hospital SANE Program​ in the Emergency Department: 518-926-3000; 100 Park St.; Glens Falls, NY 12801
• Saratoga Hospital SANE Program in the Emergency Department: 518-583-8313; 211 Church St., Saratoga Springs, NY 12866
• Planned Parenthood Mohawk Hudson, Glens Falls Center: 518-792-0994; 135 Warren St., Glens Falls, NY 12801
• Warren County Public Health: 518-761-6580; Warren County Municipal Center, 1340 State Route 9, Lake George, NY 12845
• Washington County Public Health: 518-746-2400; Washington County Annex Building, 415 Lower Main St., Hudson Falls, NY 12839
• Saratoga County Public Health: 518-584-7460, ext. 8365; Saratoga Community Health Center, 24 Hamilton St., Saratoga Springs, NY 12866 (You must be a Saratoga County resident to use this clinic. Otherwise, please contact Warren or Washington County Public Health Services, which will assist any SUNY Adirondack student regardless of county of residence.)

Note: Medical office and insurance billing practices may reveal information to the insurance policyholder, including medication and/or examinations paid for or administered.

In the event that you choose to have a sexual assault forensic exam, we strongly encourage calling Planned Parenthood Victim Advocacy Services 24-Hour Hotline (866-307-4086) or Saratoga County Wellspring Victim Services 24-Hour Hotline (518-584-8188). One of their trained staff members can attend the exam with you as your advocate, offer support and advise you through the process, including making sure your health insurance is not billed.

If you do not use advocacy 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 (OVS) may be able to assist in compensating victims/survivors for health care and counseling services, including emergency compensation. More information may be found on OVS’s webpage for the Forensic Rape Examination (FRE) Direct Reimbursement Program, or by calling OVS at 800-247-8035. OVS also offers additional services.

If a reporting individual wishes to keep their identity anonymous, they may email Title IX coordinator Cornelius Gilbert (gilbertc@sunyacc.edu) anonymously to discuss the situation and available options.

Reporting individuals may also call New York State Hotline for Sexual Assault and Domestic Violence (800-942-6906). The Hotline is for crisis intervention, resources, and referrals and is not a reporting mechanism.

Reports of certain crimes occurring in certain geographic locations will be included in the SUNY Adirondack Clery Act Annual Security Report in an anonymized manner that neither identifies the specifics of the crime nor the identity of the reporting individual or victim/survivor. Questions about recording crimes in the Annual Security Report can be directed to:

• Cornelius Gilbert, Title IX coordinator: 518-732-2313; gilbertc@sunyacc.edu
• Joel Walbridge, director of Public Safety: 518-743-7233; walbridgej@sunyacc.edu

SUNY Adirondack 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. (This is subject to exception when the warning could potentially compromise law enforcement efforts and/or 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 (FERPA) allows the college the option to share information with parents when (1) There is a health or safety emergency, or (2) The student is a dependent on either parents’ prior year federal income tax return. Generally, SUNY Adirondack will not share information about a report of sexual violence with parents without the permission of the reporting individual.

If you disclose a situation through a public awareness event such as “Take Back the Night,” candlelight vigils, protests or other public event, SUNY Adirondack is not obligated to begin an investigation. The college may use the information you provide to inform the need for additional education and prevention efforts.