If You've Experienced Misconduct

KNOW YOUR RIGHTS

• You have the right to make a report to campus public safety, local law enforcement, and/or state police.
• You have the right to make a report to ACPHS and to be protected by the College from retaliation for reporting an incident.
• You have the right to receive assistance, accommodations, and resources from the College.

WHAT to do IF I AM A VICTIM OF SEXUAL MISCONDUCT/VIOLENCE?

1. Get yourself to a safe place. Campus Public Safety and the Albany or Colchester Police Department can help you do this. Officers of those agencies are trained to respond to the needs of a victim of sexual assault, relationship violence, and stalking. They can also make you aware of support and advocacy services and advise you about reporting procedures and requirements.
2. Obtain medical attention. For your safety and well-being, immediate medical attention is encouraged. Further, being examined as soon as possible is important in the case of sexual assault. The hospital will arrange for a specific medical examination at no charge. We encourage you to do so at a facility that uses S.A.N.E., or Sexual Assault Nurse Examiners. Remember that this medical treatment may also provide the opportunity for the collection and documentation of evidence, should you decide to pursue the incident and offender through the legal system. Public Safety and the Albany or Colchester Police Department may assist you in this effort as well.
3. Preserve evidence. We encourage you to take steps to preserve any and all evidence when a domestic violence, dating violence, or sexual assault incident occurs, as this evidence may be necessary to prove that the offense took place and/or to obtain a protective order. Be aware that the location of the offense, your clothing, and your person may be considered a “crime scene,” and as such, a source of evidence. The location of the incident should be safe guarded and the victim should avoid washing, douching, using the toilet or changing clothes prior to a medical/legal exam.
4. Report the incident. ACPHS encourages, but does not require, victims, survivors, complainants, claimants, and witnesses with victim status of sexual assault, relationship violence, or stalking (reporting individuals) to report the incident.

DECIDING TO MAKE A REPORT

ACPHS encourages, but does not require, victims, survivors, complainants, claimants, and witnesses with victim status of sexual assault, relationship violence, or stalking (reporting individuals) to report the incident. A report can be made at any time, regardless of the amount of time that has passed since the incident. Anyone with knowledge about an incident is strongly encouraged to make a report as soon as possible as a delay in reporting may impact the College's ability to respond promptly and effectively or to take disciplinary action against an individual. 

All employees of ACPHS, including Resident Assistants (RAs), except for counselors in the Office of Counseling and Wellness, are considered mandatory reporters and must contact the Title IX Coordinator upon notification of an incident, regardless of whether the reporting individual wants them to keep it confidential.  Mandatory reporters are to report all details of an incident of sexual misconduct, including the identity of the victim and the perpetrator, the date and location of the incident, and details regarding the incident if known for purposes of initiation of an investigation and appropriate action. Although mandatory reporters cannot provide confidentiality, they can ensure privacy, by only reporting information to the Title IX Coordinator.

Reporting an incident does not:

• Obligate the victim to take any action against the other party;
• Subject the victim to inappropriate scrutiny or judgment by the person receiving the report; or
• Suggest in any way that the victim is at fault for the crime or violation, or should have acted in a different manner to avoid the crime or violation.

Reporting the incident does:

• Ensure that the victim has knowledge of and access to supportive measures including professional, confidential counseling from a counselor specifically trained in the areas of sexual assault, relationship violence, or stalking.
• Provide the opportunity for collection of evidence critical to a prosecution, which cannot be obtained later;
• Ensure that the victim has knowledge of and access to professional, confidential counseling from a counselor specifically trained in the areas of sexual assault, relationship violence, or stalking.

OPTIONS FOR REPORTING AN INCIDENT OF SEXUAL OR GENDER-BASED MISCONDUCT

ACPHS recognizes that deciding to make a report, either to the College or local law enforcement, can be a difficult decision. The College encourages the reporting of sexual assault, gender-based harassment, domestic violence, dating violence, and stalking. As a reminder, the Title IX Coordinator is here to support all students and employees.

REPORT TO A CONFIDENTIAL RESOURCE

As the reporting individual, if you are unsure whether or not to make a formal report to the College or to law enforcement, ACPHS encourages you to seek out the support of a confidential resource. Reporting individuals can utilize confidential resources to find support emotionally, mentally, and physically without starting an institutional or criminal investigation. They can assist in exploring options to help meet your safety and emotional needs, obtain medical attention, and pursue formal complaints at ACPHS and/or legal action off-campus. Please visit the Resources pages (see sidebar) for contact information for on and off-campus confidential resources.

The resources listed below are designated as confidential and can share options and advice without any obligation to tell anyone unless you want them to unless there is imminent danger to self or others, or as otherwise required by law (e.g., mandatory reporting for sexual violence against minors, subpoena to report in court, etc.).

ACPHS Office of Counseling and Wellness
Gozzo Student Center, Suite 209
Phone: 518-694-7107 (M-F, 8:30 AM to 4:30 PM)
Email: CounselingServices@dos5.net

Report to Public Safety

Reporting individuals may make an anonymous report (providing only details of the incident but no identifying information), or a formal report to UHA Public Safety (Albany) or HNA Public Safety (Vermont). This may trigger the judicial process of ACPHS, which may result in the removal of the offender from the campus. It also assists ACPHS in complying with Federal requirements for reporting offenses occurring on campus. Public Safety will assist you in connecting with resources and provide reporting options, should you choose to make a formal report.

Note: As mandated reporters, Public Safety will report any and all information to the Title IX Coordinator.
UHA Public Safety
Phone: 518-244-3177

Report to Local Law Enforcement

Report to local law enforcement ...

1. For the sole purpose of documentation and/or information
2. For the purpose of a partial investigation to identify an offender
3. To pursue the case through a criminal justice system, where you will be assisted by the District Attorney’s office, local or state Police Department, and the support and advocacy services of your choice

Albany Police Department
165 Henry Johnson Blvd., Albany
Phone: 518-438-4000 

NY State Police Sexual Assault Victims Unit
Phone: 1-844-845-7269

Report to the Title IX Coordinator

The Title IX Coordinators are individuals who, by law (Title IX), have remedial authority to address sexual misconduct complaints on behalf of the College. The Title IX Coordinator will review options and resources with the reporting individual, explain their options for making formal complaints either with the College or with local law enforcement, and other rights of the reporting individual.

You have the right to emergency access to the Title IX Coordinator or a Compliance Officer, who will be available upon the first instance of disclosure by a reporting individual to provide immediate information and assistance regarding:

• Options to proceed, including other reporting options
• Where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible;
• And the criminal justice process, including that it utilizes different standards of proof and evidence and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney. The Compliance Officer will also explain whether he or she is authorized to offer you confidentiality or privacy, and will inform you about other reporting options.

ACPHS will offer reasonable and available interim measures to all reporting individuals in order to help ensure safety, prevent retaliation, and avoid an ongoing hostile environment. These measures may take place regardless if the reporting individual does not request or want them, to ensure the safety of any individual or the broader campus community.These interim measures may include:

No Contact Order: When both parties are students, ACPHS may issue a mutual restriction of contact, or “no contact order,” whereby: 

Both parties should refrain from contacting and communicating with each other in person, electronic messages, including social media, or through third parties.  

If the parties observe each other in a public place, either on-campus or off-campus, it is their mutual responsibility to refrain from engaging with the other party or directly contacting the other party.

Report Anonymously to a Confidential Resource