The following procedures apply to cases in which a Sarah Lawrence College student is a Complainant or Respondent of a Formal Complaint. If a faculty member, staff member, or third-party employee of the College is named as a Complainant or Respondent in a Formal Complaint involving a student, these procedures apply as well.
In the event an ambiguity or a question arises with respect to the procedures that will govern the review of a particular report or Formal Complaint alleging sexual violence, the College’s Title IX coordinator shall have the sole and exclusive discretion to make the determination as to the procedures that will be followed. Moreover, modifications to any of the procedures discussed herein may be considered, if agreed to by the Complainant and Respondent (henceforth known as the Parties), and approved by the Title IX coordinator. Approval of such modifications shall be in the sole and exclusive discretion of the Title IX coordinator.
Rights and Responsibilities
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Access to Information on Resources
Persons making reports of sexual violence (“Reporting Individuals”) and persons who are the subjects of those reports (“Respondents”) will be informed of their rights to the supportive measures and protections referenced in these procedures and the corresponding Policy Against Sexual Violence. The College shall assist both Reporting Individuals and Respondents in securing information about supportive measures and off-campus resources, including intervention, mental health counseling, and medical services, which shall include information on whether such resources are available at no cost or for a fee. Please refer to “Resources for Students Who Experience Sexual Violence” for detailed information regarding resources.
The Title IX Office will also provide information on sexual assault forensic examinations and other resources available through the New York State Office of Victim Services. For additional information, please refer to “Resources for Students Who Experience Sexual Violence” or visit https://ovs.ny.gov.
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Options & Assistance for Reporting Individuals/Complainants
The College will ensure that Reporting Individuals/Complainants are advised of their ability to:
- Make an Incident Report of sexual assault, domestic violence, dating violence, stalking, sexual harassment, and/or sexual exploitation and to consult with the Title IX Office with respect to reported occurrences.
- The College will take reasonable measures to keep a Reporting Individual’s identity private if said Reporting Individual wishes to maintain privacy.
- The College will provide supportive measures regardless of whether a Reporting Individual pursues the Formal Complaint Process.
- Have access to the Title IX coordinator, or other appropriate officials trained in assisting individuals who have experienced sexual violence, who shall be available to:
- Provide information regarding options to proceed with College processes or access College resources;
- Discuss the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible
- Explain that the criminal justice process utilizes different standards of proof, and that evidence and any questions about whether a specific incident violated the Penal Law may be addressed to law enforcement or to prosecutors such as those at the District Attorney’s office; and
- Offer access to confidential resources.
- Meet with the Title IX Office, or other appropriate officials trained in assisting individuals who have experienced sexual violence, upon initiation of the Formal Complaint Process. The Title IX Office, or other appropriate officials, shall be available to:
- Provide information regarding options to proceed with and participate in College processes, or access College resources; and
- Explain that the criminal justice process utilizes different standards of proof, and that any questions about whether a specific incident violated the Penal Law should be addressed to law enforcement or to the District Attorney.
- Disclose the incident to College confidential resources who can offer privacy or confidentiality, as appropriate, and can assist in obtaining needed resources such as counseling and clinical care.
- Receive assistance from appropriate College representatives in initiating legal proceedings in family court or civil court.
- Exercise their right to exclude their own prior sexual history with persons other than the other party or parties involved in the conduct process.
- Be free from retaliation for making a good faith report of a violation of the College’s Policy Against Sexual Violence, or for participating in or cooperating with an investigation or any other process under these procedures.
The following topics also should be considered by Reporting Individuals, and Reporting Individuals may receive additional information from the Title IX Office about them:
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Timeliness of Formal Complaints
Delays in reporting an act of sexual violence can negatively impact the College’s ability to investigate, and in certain cases can foreclose the ability of the matter to proceed to a hearing and/ or limit the available options in the event of a finding of responsibility. Students may, as noted, choose to make a report of an incident of sexual violence (referenced in these procedures as an “Incident Report,” but ask that the Incident Report not be investigated, and that the matter not proceed to a hearing.
To trigger the commencement of an investigation and/or the potential for a hearing, the individual who experienced the alleged Policy violation must file a Formal Complaint with the Title IX Office that asserts a violation of the College’s Policy Against Sexual Violence, unless the College files a Formal Complaint, as discussed above. The individual who experienced the alleged Policy violation, upon filing a Formal Complaint, will be referenced as a Complainant. The individual who experienced the alleged Policy violation may file a Formal Complaint anytime at or after the time the Incident Report is made. The process involved in making a Formal Complaint is discussed in Section III of the Procedural Options section. See “Procedural Options”.
To file a Formal Complaint, both the individual who experienced the alleged Policy violation and the Respondent must be enrolled at the College at the time that the Formal Complaint is made. If the individual who experienced the alleged Policy violation or the Respondent will be graduating before the investigation and/or any hearing has concluded, the graduated parties will be permitted to participate in the remaining portions of the investigation and/or hearing, and participation will be facilitated through electronic means (e.g., Zoom or Skype) if the person(s) are not able to attend and participate in person. If the Respondent has graduated before the investigation or hearing procedure has been concluded, but a hearing results in a finding of responsibility, among other things the sanction may include a restriction or limitation on the Respondent’s access to campus, to College events, or to future campus employment.
However, in all events, reasonable follow-up and review may be conducted on any reports involving students or employees who are no longer members of the College community.
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Declining to Pursue the Formal Complaint Process
Students have the right to decide whether to disclose an incident of sexual violence, and the corresponding right to participate, or to decline to participate, in the conduct process. Therefore, a Reporting Individual/Complainant making an Incident Report, or if they did not make the Incident Report, the individual who experienced the alleged Policy violation, may affirmatively request that an investigation not be undertaken, and/or may decline to file a Formal Complaint. Students should be aware that honoring such a request to forego pursuit of a Formal Complaint may limit the College’s ability to meaningfully investigate and pursue conduct action against a Respondent.
Students also should be aware that the College generally will honor a request by the individual who experienced the alleged Policy violation not to investigate Incident Reports of sexual violence through the Formal Complaint Process. However, if the Title IX coordinator determines that declining to investigate the allegations in the report is unreasonable in light of the known circumstances, or that the facts reported reasonably raise safety concerns related to the individual who experienced the alleged Policy violation or other members of the campus community, the Title IX coordinator may determine to file a Formal Complaint and investigate under this Policy in order to mitigate potential risk of harm, or for other compelling reasons which indicate that an investigation is warranted.
Factors used by the College to determine whether to honor a student’s request to decline the Formal Complaint Process or to pursue investigation and proceedings under these procedures include, but are not limited to:
- Whether the Respondent identified in the Incident Report made to the College has a history of violent behavior, has been alleged to be a repeat offender, or has been the subject of multiple reports;
- Whether the incident represents escalation in unlawful or inappropriate conduct from previously noted behavior by the Respondent;
- Whether the College believes there is an increased risk that the Respondent will commit acts of violence in the future;
- Whether the Respondent is alleged to have used a weapon or force;
- Whether the circumstances reported suggest identifiable and tangible risks to the community;
- Whether the individual who experienced the alleged Policy violation is a minor;
- Whether the institution possesses other means to obtain evidence such as security footage, and whether available information reveals a pattern of conduct at a given location or by a particular group; and
- Whether the totality of the circumstances in the judgment of the Title IX coordinator warrants resolution of the matter through the Formal Complaint Process.
If the College determines not to investigate or to pursue the Formal Complaint Process, it will notify the individual who experienced the alleged Policy violation and indicate whether that determination was made at their request. When the College determines to proceed with an investigation or proceedings despite the request of an individual who experienced the alleged Policy violation to refrain from doing so, it also will notify them. Notification or communication will usually be made in writing.
Additionally, if a Reporting Individual/Complainant chooses not to make a Formal Complaint to the College regarding an incident, that party nevertheless should take steps to preserve relevant evidence in the event that they decide at a later date to report the incident to law enforcement or pursue a Formal Complaint. Such evidence may assist in proving that the alleged offense occurred, or otherwise be useful. This evidence may include things like instant messages, social networking pages, other communications, pictures, logs or other documents, and physical evidence like clothing or bed linens. Those reporting an incident should understand that a delay in reporting, a delay in proceeding, and/or a delay in providing or preserving evidence may negatively impact or even preclude:
- The ability of law enforcement to investigate fully, or to establish proof of potential violations of the law,
- The ability of the Reporting Individual/Complainant to pursue potential claims against the Respondent, and/or
- The ability of the College to investigate fully, or pursue proceedings under this Policy, or of any other potentially applicable College conduct policies.
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Request to Withdraw a Formal Complaint
At any point, the Complainant may withdraw a Formal Complaint. Should the Complainant wish to withdraw a Formal Complaint after it is filed, the Complainant should contact the Title IX coordinator to inform the coordinator of this decision in writing.
If the Complainant chooses to withdraw a Formal Complaint, the College may halt the process, and if it does will notify the Respondent that the Formal Complaint Process is no longer being pursued. In determining whether in such circumstances to halt the Formal Complaint Process, a determination entrusted to the Title IX coordinator’s sole discretion, the Title IX coordinator shall consider factors such as those set forth in Section II(B), above.
- Make an Incident Report of sexual assault, domestic violence, dating violence, stalking, sexual harassment, and/or sexual exploitation and to consult with the Title IX Office with respect to reported occurrences.
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Options & Assistance for Respondents
The College will ensure that Respondents are advised of their ability to:
- Be informed, in cases where:
- The individual who experienced the alleged Policy violation has declined the Formal Complaint Process but has requested supportive measures that require the Respondent’s notification of that measure;
- A meeting with the Respondent is otherwise deemed appropriate, of the approximate date and time, location, and nature of the alleged Policy violation that has been reported to the Title IX Office.
- Meet with the Title IX Office, or other appropriate officials trained in assisting individuals who have experienced sexual violence, upon initiation of the Formal Complaint Process. The Title IX Office, or other appropriate officials, shall be available to:
- Provide information regarding options to proceed with and participate in College processes, or access College resources;
- Explain that the criminal justice process utilizes different standards of proof, and that any questions about whether a specific incident violated the Penal Law should be addressed to law enforcement or to the District Attorney;
- Offer access to confidential resources; and
- Provide the Notice of Complaint, with details including the date, time, location, and the alleged Policy violation(s) to be investigated under these procedures.
- Discuss the incident with the College confidential resources who can offer privacy or confidentiality, as appropriate, and can assist in obtaining needed resources such as counseling and clinical care.
- Exercise their right to exclude their own prior sexual history with persons other than the other party or parties involved in the conduct process.
- Be free from retaliation for making a good faith response to a report of a violation of the College’s Policy Against Sexual Violence, or for participating in or cooperating with an investigation or any other process under these procedures
The following topics also should be considered by Respondents, who may receive additional information from the Title IX Office about:
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Declining to Participate in the Formal Complaint Process
Respondents may decline to participate in the investigation, adjudication, and/or any step of this process, and any subsequent appeal.
- Declining to participate in an investigation will not preempt the investigation and further relevant proceedings.
- Declining to participate in an investigation will not preclude the Respondent’s adviser from questioning other parties and witnesses who are present at a hearing.
- Declining to participate in an investigation may hinder the investigators from receiving information of relevance to the Formal Complaint, or from developing a comprehensive investigation record.
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Community Safety Assessment
The College may determine a need to perform a community safety assessment regarding the Respondent. Further information on the Community Safety Assessment can be found under “Resources for Students Who Experience Sexual Violence”.
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Potential Restrictions
If deemed necessary, the Title IX Office has the authority to place limits and restrictive measures on individuals, including Respondents, during the pendency of proceedings under this Policy.
For example, should an individual refuse to participate in the community safety assessment process, the refusing individual may be placed on social probation, not permitted to live on campus, placed on interim suspension, or subjected to such other limits and restrictive measures pending the outcome of the conduct process as the Title IX Office deems appropriate.
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Option to Appeal Restrictions
For any restriction imposed by the College, a Respondent may appeal to modify or eliminate the restrictions, under the following conditions:
- Excessiveness of the restriction or undue hardship created by the restriction,
- Medical or disability-related concerns impacted or exacerbated by the restriction,
- Material change in circumstances warranting elimination or modification of the restriction, or
- Other compelling circumstances warranting elimination or modification of the restriction.
The appeal must be submitted within five (5) calendar days of notification of the restriction to the Title IX coordinator. The appeal statement shall be no longer than two pages and consist of one-inch margins and Times New Roman 12-point font. No attachments or exhibits will be accepted. However, any references to the restriction can be made in the appeal statement. During the appeal process, the restriction being challenged will remain in place.
The Title IX coordinator may accept, reject, or alter the terms of the restriction as a result of the appeal, and will notify the Respondent of the decision regarding the appeal via Maxient promptly, and generally within five (5) calendar days of receiving the appeal. Where appropriate, the Reporting Individual/Complainant also will be notified of modifications to or eliminations of any restriction. This determination is final
- Be informed, in cases where:
Student Bill of Rights
Under Section 6443 of New York State’s “Enough Is Enough” legislation, 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 or decline to participate in the judicial or conduct process and/or criminal justice process, free from pressure by the College;
- 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 for crimes or violations that are reported, or should have acted in a different manner to prevent such crimes or violations from occurring;
- Describe the incident to as few College representatives as practicable, and not be required to unnecessarily repeat a description of the incident;
- Be protected by the College from retaliation by the College, or by any student (including any student’s friends, family, and acquaintances) within the jurisdiction of the College;
- Access to at least one level of appeal of a determination made under this Policy;
- Be accompanied by an adviser of choice who may assist and advise the Parties throughout the judicial or conduct process, including during all meetings and hearings related to such process; and
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.
These Rights are quoted, verbatim, from the statute. The full text of the “Enough Is Enough” Law is available at the New York State Senate website.