Student Handbook - Sexual Misconduct
Reporting a Complaint
A student who wants to make a complaint alleging that he or she has been the victim of sexual misconduct may contact either the Dean of Students or his/her designee at 388-6116 or Campus Safety at 388-6911. The individual who receives the complaint will review with the complainant the options available to address the incident.
More information is available at our Sexual Assault Resources website.
The College offers both informal and formal resolution options. Generally, the College seeks to follow the complainant’s wishes as to which procedure to pursue. However, there may be a situation in which, due to the nature of the allegations, informal resolution is inappropriate. This decision will be based on factors such as the egregiousness of the allegations (e.g., complaints alleging a sexual assault), whether the accused student is a repeat offender, or whether there is otherwise reason to believe that the safety or interests of the campus community demand adjudication. In those instances, the College will apply the formal procedure only.
Informal Resolution Procedures
Informal procedures are designed to assist the parties in reaching a mutually agreeable resolution. An individual wishing to employ informal procedures in the resolution of a complain will meet with the Dean of Students or designee who will explain the process and options available to the student.
(not to be used for complaints of sexual
Formal Adjudication Procedure
Formal procedures are designed to determine the merits of the allegations through adjudication in accordance with the Student Conduct Code and, where appropriate, to determine a disciplinary consequence for the accused student. An up-to-date version of the Union College Conduct Code is available.
The College may proceed with an investigation and/or formal adjudication whenever the Dean of Students or his/her designee determines this to be appropriate. This includes situations in which the complainant has not filed a written statement of complaint but the Dean of Students or his/her designee nevertheless has notice of the incident (for example, through the on-line report process) and determines that investigation and/or adjudication is warranted.
The Administrative Hearing will be held in accordance with the College’s hearing procedures, which are outlined in the Student Conduct Code with the exceptions noted above under “The Rights of Both the Complainant and Accused” and the following condition: evidence of a victim’s sexual conduct shall not normally be admissible at a Hearing unless fairness to the accused student requires consideration of such evidence.
Subject to the foregoing, the appeal process is the same as that for a Student Conduct Code Hearing and is described in the Student Conduct Code.
Concerns about the Implementation of this Policy
The College has appointed a Title IX Coordinator, the Senior Director of Campus Diversity and Affirmative Action at Union College, to oversee all aspects of the College’s Title IX compliance efforts. An individual who believes that any aspect of this policy has not been properly followed should contact the Title IX Coordinator at x8327 (518-388-8327) or pursue a complaint by contacting the Title IX Coordinator in accordance with the College’s Discrimination Grievance Procedures contained in the Student Handbook. Retaliation against any person who files a complaint of alleged discrimination is prohibited.
C:\ June 29,2011