Title IX is federal law which states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Under Title IX of the Educational Amendments Act of 1972, colleges and universities are required to develop procedures to respond to claims of sexual harassment. The Davis College Office of Student Development’s mission is to serve God by coming alongside students to help impact and transform themselves physically, emotionally, intellectually, socially, and spiritually. In order to fulfill its mission, Davis is committed to promoting a living, working, and learning environment free of sexual discrimination.
It is the policy of Davis College to provide immediate assistance to victims of sexual assault. The College encourages you to file a police report, however as a victim, you do have several options, noted below. You can pursue any or all options:
Report Incident to local law enforcement: Law enforcement officers are trained in investigating sexual offenses and supporting victims reporting a sexual offense. With your permission, law enforcement officers have the authority to commence a criminal investigation and prosecution in sexual assault matters. It is standard operating procedure for Davis College and Campus Security to contact law enforcement in all cases of sexual assault, however, you have the option of personally filing a formal report, or not.
Report incident to the College Title IX Officer: Individuals may consider reporting a sexual violence incident to the Davis College Title IX Officer. A Title IX Officer can provide assistance in addressing the incident through consultation, administrative review and/or formal investigation. The Davis College Title IX Officer can be reached by calling 607-729-1581ext. 311.
Seek counseling and emotional support: Off campus counseling is available free of charge for Davis College students and can care for student’s emotional well-being. Counselors can provide confidential support during a difficult period and afterward. Due to confidentiality, they will not report an incident without your consent, and they will not conduct an investigation. Talking to a counselor in a safe and supportive environment may help you to sort through your feelings and decide what to do. A counselor is on-call 24 hours per day at Crime Victims Assistance Center, Inc., they can be reached at 607-7224246. Off campus counseling is also available to students by calling 607-729-7777 or 607-239-5766.
Counseling Counselors and Advocates – Members of the College community may contact any of the following local resources for confidential support:
Crime Victims Assistance Center Inc. is available 24 hours/day, confidential crisis hotline: 607-722-4256, 24 hour advocacy, free and confidential counseling as well as a sexual response team.
A New Hope Center offers counseling, support groups, advocacy/accompaniment, Family Court petitions, information regarding rights and options, safe shelter, community education, Referrals and follow-up. crisis intervention, emergency shelter for women and children, counseling, support groups and a 24-hour hotline and can be reached at 1-800-696-7600.
Medical Care – Individuals who have experienced sexual violence should visit the Health Services, a local Emergency Department or the local medical provider of their choice for confidential emergency care, whether or not they have any intention of pursuing an on-campus complaint or complaint with local law enforcement. An individual considering campus and/or law enforcement options against a Respondent (accused individual) should visit a Sexual Assault Forensic Examiner (SAFE) Nurse (also referred to as a Sexual Assault Nurse Examiner). SAFE Nurses provide free medical care for victims of sexual assault, and are specially trained in conducting sexual assault exams and collecting and preserving forensic evidence of the assault for possible prosecution of the assailant. Options for seeking medical care include:
Wilson Memorial Regional Medical Center proceed directly to the Emergency Department at (35-57 Harrison St., Johnson City, NY 13790), which has a Sexual Assault Forensic Examination (SAFE) Center; or
proceed directly to the Emergency Department at Lourdes Hospital (169 Riverside Dr. Binghamton, NY 13905 / 607-798-5111) to access a SAFE Nurse; or
Binghamton General Hospital (10-42 Mitchell Ave Binghamton, NY 13903 / 607-762-2200) to access a SAFE or
call 911 for an ambulance.
A medical exam conducted by a SAFE Nurse (commonly referred to as a “rape kit”) has two goals: (1) to diagnose and treat the full extent of any injury or physical effect and (2) to properly collect and preserve evidence. The exam may include testing and prophylactic treatment for HIV/AIDS, sexually transmitted infections (“STIs”); a vaginal examination; examining for injuries; and drawing blood. There is a limited window of time (typically 72 to 96 hours) following an incident of sexual assault to preserve physical and other forms of evidence. Gathering such evidence does not commit an individual to pursue legal action against the assailant, but is important for preserving that option.
If you suspect that you may have been given a rape drug, inform the hospital or clinic where you receive medical care and/or ask to provide a urine sample. Rape drugs, such as Rohypnol and GHB, are more likely to be detected in urine than in blood.
Hospitals are not required to report non-identifying information to the College or anyone else. However, hospitals providing care to individuals reporting sexual assault are required to:
collect and maintain the chain of custody of sexual assault evidence for not less than 30 days unless the patient signs a statement directing the hospital not to collect it;
advise the individual seeking medical treatment related to sexual assault of the availability of local rape crisis services or victim assistance organizations to accompany the individual through the sexual offense exam;
medical services to individuals reporting sexual assault who request such coordination and services; and
provide emergency contraception upon the patient’s request.
Even if an individual who has experienced sexual violence does not have injuries requiring emergency attention, the College encourages that individual to seek medical care as soon as possible.
Most health care providers will encourage an individual seeking medical treatment related to a sexual assault to authorize collection of evidence. (Note: If the individual has not been seen by medical personnel at the time a report is received, the individual will be immediately advised to do so. The College will provide transportation, if needed.)
Be aware 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 for health care and counseling services, including emergency compensation. More information may be found at: 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.
Please 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.
The following agencies also provide assistance to individuals who pursue criminal complaints:
Crime Victims Assistance Center, Inc.: 607-722-4256
A New Hope Center 607-687-6866
To learn more about these programs, visit the website for the New York State Office of Victim Services (http:// www.ovs.ny.gov/), which funds local victim assistance programs.
The State University of New York and Davis 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/University-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:
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 judicial or conduct process of the College.
Victims/survivors have many options that can be pursued simultaneously, including one or more of the following:
Receive resources, such as counseling and medical attention;
Confidentially or anonymously disclose a crime or violation
Make a report to: An employee with the authority to address complaints, including the Title IX Coordinator, Direct of Student Development or Human Resources employee, Janet Wright
Campus Security and Fire Safety Report: This report includes all information regarding any on campus crimes, arrests, and disciplinary actions reported as well as any fires reported on campus for the previous three years as required by the Jeanne Clery Act. This handbook also includes Title IX information regarding reporting crime, campus safety personnel, policies for handling crime, fire, and missing persons, as well as information regarding drug and alcohol abuse.