Campus Security and Fire Safety Report 2021

Silent Witness Reporting Form

The University will not retaliate or allow any retaliation toward a person(s) who reports alleged violations of the Clery Act. 

These offices and departments allow victims and witnesses to report crimes:

• University Police Emergency: 607-753-2111
• University Police Non-Emergency: 607-753-2112, Whitaker Hall, Room 110
• Vice President for Student Affairs: 607-753-4721, Corey Union, Room 407-A
• Student Conduct Office: 607-753-4725, Corey Union, Room 409
• Student Health Service: 607-753-4811, Van Hoesen Hall, Room B-26
• Residence Life and Housing Office: 607-753-5570, Van Hoesen Hall, Room B-57
• Athletics Department: 607-753-4953, Park Center, Room E-302
• Counseling Center: 607-753-4728, Van Hoesen Hall, Room B-44
• Campus Activities and Corey Union Office: 607-753-2321, Corey Union, Room 406
• Recreational Sports: 607-753-5585, Student Life Center, Room 1201
• Student Support Services: 607-753-2066, Van Hoesen Hall, Room B-1
• Title IX Coordinator: 607-753-4550 (direct) or 607-753-2263 (office) Miller Building, Room 404
• William H. Parks Family Center for Environmental and Outdoor Education: 607-753-5488 Professional Studies Building, Room 1131 at Raquette Lake: 315-354-4784

Campus personnel will assist victims with the on- and off-campus reporting process and provide support. 
Different employees on campus have different abilities to maintain a victim's confidentiality.  Our mental health counselors and health care providers acting in their professional capacities can maintain confidentiality.  They may, however, encourage (when appropriate) reporting the crime on a voluntary basis for inclusion in the annual disclosure of crime statistics.  Other reporting agents can treat information as private, but are required to communicate certain information to appropriate authorities.

Crime statistics are distributed monthly and yearly through email and posted on the University Police website.
No matter how safe our community is, the potential for crime exists everywhere, including college campuses. Everyone in the community must do their part to minimize risk whenever possible.

SUNY Cortland will, upon written request, disclose to the alleged victim of a crime of violence (as that term is defined in Section 16 of Title 18, U.S. Code), or a non-forcible sex offense, the report on the results of any disciplinary proceeding against a student who is the alleged perpetrator of said crime or offense. If the alleged victim is deceased as a result of said crime or offense, the next of kin of the victim shall be treated as the alleged victim for the purposes of this paragraph.

Campus safety and law enforcement is coordinated by the University Police Department which has a force of sworn officers with full arrest powers. SUNY police officers must meet the highest standards in New York State for law enforcement officers. Officers have successfully completed a basic training program administered by the State University at the New York State Police Academy in Albany, New York, or a local regional academy. They also undergo continuous training to upgrade their skills.

Officers have been trained in emergency medical procedures and first aid. Foot, bike and vehicle patrols are conducted on campus and in residence hall areas 24 hours per day, 365 days per year. The Department’s objective is to provide a safe environment and protect the lives and property of students, employees and visitors, pursued within the framework of the State University of New York rules and regulations and all local, state and federal laws.

The investigation of crimes committed on campus falls under the jurisdiction of University Police. A daily log of incidents that occur on campus is kept and is available for the public to view from 8 a.m. to 4 p.m., Monday through Friday or by request by contacting University Police. The log includes the date, time, general location and disposition of the complaint. Entries are available for review unless they are deemed confidential by the Chief of University Police for safety and security reasons. University Police works closely with the Cortland City Police, the Sheriff’s Department and the New York State Police to assist with incidents that occur off campus but may involve campus students or employees.

The New York State Campus Security Act requires all public, private, community colleges and universities in New York to have a formal plan that provides for the investigation of missing students and violent felony offenses on campus. This involves written agreements between university and college authorities and the municipal law enforcement agencies having concurrent jurisdiction.

SUNY Cortland’s University Police has a local Memorandum of Understanding (MOU) with the Cortland City Police Department in the event a violent felony or a missing student is reported to campus authorities. Should such a report be received, University Police may request assistance from this agency as well as the Cortland County Sheriff’s Office and the New York State Police as appropriate to conduct a complete investigation.

This board’s responsibilities are:

1. to advise the president and Chief of University Police on matters of campus security, public safety (including signage and parking), and personal safety;
2. to review and suggest improvement in safety and education programs;
3. to assess availability of counseling services for crime victims;
4. to review victim referral and campus response procedures for sexual assault situations;
5. to conduct ongoing assessment of the quality of campus personal safety policies, practices, procedures, and programs; and
6. to conform to the 1990 Amendment to Section 6450 of the Education Law by providing information to incoming students about sexual assault prevention measures, penalties and related security procedures. Annual reports must be filed with the commissioner of education (ref. College Handbook, Section 130.08).

This team formalizes a process for reporting and addressing specific, alarming behaviors that do not fall within existing reporting procedures such as those established by Counseling and Wellness Services, University Police, Residence Life and Housing office, and the Student Conduct Office. Specifically, this team will create a care management system to intervene early with students who are at risk. They will:

1. receive information, both oral and written, from faculty, staff, students and community members about behavior that may be threatening;
2. stay attuned to escalating behavior or potential physical violence; and
3. develop a plan of action for the student such as contacting parents, referrals to various campus resources, disciplinary action, etc.

The campus Facilities Operations and Services maintains the campus buildings and grounds with a priority of safety and security. Staff inspect campus facilities regularly, promptly make repairs affecting safety and security, and respond immediately to reports of potential safety and security hazards such as broken windows and locks.

For concerns about the physical safety of campus buildings and grounds, call the Facilities Operations and Services Office at 607-753-2100 from 8 a.m. to 4:30 p.m., Monday through Friday. Emergencies outside of these hours should be reported to University Police at 607-753-2112.

The campus is well lighted, and improvements on lighting are a constant consideration. SUNY Cortland has installed high-intensity lights on buildings, in parking lot areas, in areas with heavy landscaping and trees, and along pathways frequently traveled by students. Outdoor emergency blue light phones and residence hall door phones are connected directly to University Police. In addition, security cameras have been added to areas vulnerable to vandalism and continue to be added as facilities are renovated and improved.

Staff are committed to providing a safe environment for students within the residence halls. Students are made aware of safety concerns as well as prevention tactics and personal responsibility through a variety of in-hall mediums. Each residence hall is supervised by a residence hall director who is a professional staff member residing within the hall. Each building is also staffed with a number of trained resident assistants (RAs).

There is a designated residence hall director on duty 24 hours a day. Each residence hall has an RA on duty from 9 p.m. to 8 a.m. Residence hall students are issued a key to their room and use their SUNY Cortland ID card for access to their own residence hall main entrance. Hall entrances are locked 24 hours a day, and a campus-only phone is located at the main entrance.

Residence hall guest and other policies and procedures are listed in the Room and Board License and Residence Hall Policies available at the Residence Life and Housing office website.

SUNY Cortland is committed to creating and maintaining an educational environment free from all forms of sex discrimination including sexual misconduct. Any act involving sexual harassment, violence, coercion, and intimidation will not be tolerated. Specifically, SUNY strictly prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking. Upon learning that an act of sexual misconduct has taken place, immediate action will be taken to address the situation, work with State and local law enforcement if appropriate, supporting the victim/survivor, and imposing sanctions on the accused pending adjudication of the incident.

Sexual assault or other victims of assault should be treated by medical personnel as soon as possible. It is recommended NOT to shower, wash, change clothes, comb hair, drink or eat, or do anything to alter physical appearance until after a physical examination has been completed. It is also recommended NOT to disturb the area where the crime occurred until a police investigation can take place. Preserve all physical evidence. If clothing has already been changed, save all of what was worn during the assault and do not wash items. Place each item in a separate paper bag, if possible. It is not recommended to use plastic bag.

Crimes of Sexual Misconduct — Confidentiality, Reporting Protocol, Applicability (including dating violence, domestic violence, sexual assault and stalking)

SUNY Cortland prohibits all forms of sexual misconduct. This broad term includes, but is not limited to, acts of sexual harassment, sexual violence, sexual coercion, sexual threats or intimidation, domestic violence, dating violence, sexual assault, stalking, and cyber stalking. Please refer to the definitions pages 14-16 herein and the Code of Student Conduct for a complete list of terms and prohibited acts. SUNY Cortland strongly encourages accurate and prompt reporting of these crimes. There are, however, options available for students who wish to maintain confidentiality while getting the support they need. Different employees on campus have different abilities to maintain a victim’s confidentiality. Mental health counselors, health care providers and pastoral counselors acting in their professional capacities can maintain confidentiality.Other reporting agents can treat information as private, but are required to communicate information to the Title IX Coordinator. Visit the Title IX website for reporting options. Note that SUNY Cortland does not employ pastoral counselors. Reporting a crime to the police or to a campus office does not obligate the victim to pursue criminal prosecution. For students, in addition to criminal charges, sexual and interpersonal misconduct is prohibited conduct as specified in the SUNY Cortland Code of Student Conduct.  Both the reporting individual and the accused are afforded equitable rights during the investigative and adjudication process. All personally identifiable information about a victim will be purposely and intentionally omitted from any publicly available record, including Clery Act reporting and disclosures. These policies also apply to all members of the SUNY Cortland community including students, faculty, staff, visitors, independent contractors, and other third parties who are on campus and involved in an incident of sexual misconduct that occurs on the college/university campus which includes any building or property owned or controlled by SUNY Cortland and used in direct support of or in a manner related to the school’s educational purposes including residence halls, dining halls, and public property within or immediately adjacent to and accessible from campus.

This also includes any building or property owned or controlled by a student organization that is officially recognized by the college that supports or relates to the school’s educational purposes and is frequently used by students. This policy also covers conduct that takes place off-campus that may have a nexus to the college community. This applies to all educational, extracurricular, athletic, or other campus programs; all school-related activities including, but not limited to, student organizations (academic, Greek, multicultural, religious, service, social and support, sports and recreational); community organizations with students and/or faculty participation; and all other educational or extracurricular events hosted by or at the College.

These policies also apply to incidents occurring between individuals in varying types of relationships — students, faculty, staff, visitor, contracted employee, supervisor, subordinate, coach, student-athlete or any combination thereof. These acts may be committed against an individual or against a group or organization and by a stranger, acquaintance, or someone with whom the victim has a social, romantic or intimate relationship. These acts may be committed by or against any individual, regardless of sexual orientation or gender identity or expression.

New York state has clarified what is considered consent with regard to sexual activity. Sexual activity requires “affirmative consent” by all parties involved.

Definition of Affirmative Consent

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 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 to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
• Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
• Consent may be initially given but withdrawn at any time.
• Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending upon the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and, therefore, unable to consent.
• Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm.
• When consent is withdrawn or can no longer be given, sexual activity must stop.

In the eyes of the law and College policy, affirmative consent must be given by all parties to engage in sexual activity. A person who is incapacitated or underage CANNOT consent to sexual activity. The age of consent in New York is 17 years old.

Alcohol and/or Other Drug Use Amnesty in Sexual and Interpersonal Violence Cases

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 Cortland recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. SUNY Cortland strongly encourages students to report incidents of domestic violence, dating violence, stalking or sexual assault to institutional officials. A bystander acting in good faith or a reporting individual acting in good faith who discloses any incident of domestic violence, dating violence, stalking or sexual assault to College officials or law enforcement will not be subject to SUNY Cortland’s Code of Conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking or sexual assault.

Complainant

Any person or persons who have filed Student Conduct charges against a student.

Accused Student

Any student who has been initially identified as a person who has allegedly violated the Code of Student Conduct.

Reporting Individual

Encompasses the term victim/survivor related to cases of sexual harassment, sexual assault, domestic violence, dating violence and stalking.

Respondent

An accused student once the conduct process is engaged and charges have been filed.

Proceeding

For the purposes herein, the Code of Student Conduct processes for adjudicating student policy violations.

The State University of New York and SUNY Cortland 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-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. All students have the right to:

1. Make a report to local law enforcement or state police
2. Have disclosures of domestic violence, dating violence, stalking and sexual assault treated seriously
3. 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 pressures from the institution
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard
5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services where available
6. 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
7. Describe the incident to as few institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident
8. 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
9. Access to at least one level of appeal of a determination which shall be considered by a panel, not a single person
10. 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
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial conduct process of the College.

Options In Brief

Victims/survivors have many options that can be pursued simultaneously, including one or more of the following

1. Receive resources, such as counseling and medical attention;
2. Confidentiality or anonymously disclose a crime or violation (for detailed information on confidentiality and privacy visit the Title IX website)
3. Make a report to:

• An employee with the authority to address complaints, including the Title IX Coordinator, a Student Conduct employee, or a Human Resources employee
• University Police
• Local law enforcement
• Family Court or Civil Court

Institutions are obligated to comply with a student’s reasonable request for a living and/or academic situation change following an incident of sexual or interpersonal violence.  Pending resolution of the complaint, the accused student may be prohibited from contacting the reporting person and placed on interim suspension or otherwise denied access to the campus. The College may change the course schedule or residence assignment of the accused student (ref. Code of Student Conduct Section 12 Interim Sanctions). In the case of a non-student, the accused may be declared Persona-Non-Grata denying them access to the campus and campus activities otherwise afforded to the public. A student who has reported an act of sexual misconduct may request an academic accommodation or change in residence and will receive an appropriate and reasonable accommodation. These include a change in academic or work schedule, withdraw from or retake a class without penalty, access to tutoring services, and change in residence hall assignment. Off-campus students may be offered on-campus accommodations. The students and the college will need time to prepare for hearings. The College will conduct a timely review of all complaints of sexual harassment, sexual assault, domestic violence, dating violence or stalking, where a review and resolution can generally be expected to take place within 60 calendars days from receipt of the complaint. See the Code of Student Conduct, Section 8.

Compliance with the provisions herein and in the Code of Student Conduct in no way violates the Family Educational Rights and Privacy Act of 1974 (FERPA) (Section 444 of the General Education Provisions Act (20 U.S.C. 1232g)).

For student conduct proceedings, students should expect that disciplinary proceedings will be handled fairly. All SUNY Cortland students accused of violating the Student Code of Conduct shall be granted the following due process rights:

• A student has the right to a hearing by an unbiased student conduct body;
• A student has the right to have an advisor present at the hearing;
• A student has the right to written notice of the charges that indicates the date, time and location of the hearing. Proper written notification shall be defined as delivery of mail to a student’s on-campus mailbox, hand-delivery by campus staff, delivery of information via electronic message to a student’s assigned campus email account, or delivery by the U.S. Post Office to a student’s local off-campus address. Students shall be held responsible for the contents of mail for which they have refused receipt;
• A student has the right to review the written report or narrative stating the circumstances and allegations involved.  The report will generally be reviewed in the initial Incident Review Meeting, however, further review can be requested through the Student Conduct Office prior to a formal hearing if one has been requested.  A time must be scheduled during normal business hours to review the report;
• A student has the right to object to a Board Member or Hearing Officer who is serving in the capacity of the student conduct body. The Student Conduct Hearing Advisor will determine the validity of the objection;
• A student has the right not to present information against themselves;
• A student has the right to request a continuance of no more than 5 business days. The Director of Student Conduct will determine the validity of the request.
• A student has the right to hear and respond to all information presented against them. This includes the right to question any witnesses present.
• A student has the right to present information and witnesses on their behalf;
• A student has the right to written notification of the results of a hearing no later than 10 school/business days after the hearing;
• A student has the right to appeal the outcome of a hearing as described in Section Thirteen, Appeals.  A student must be informed of their right to appeal, and the process by which to do so.
• A Student has the right to revoke their agreement in an Incident Review Meeting within 3 school/business days of the meeting and request a formal hearing.
• Conduct charges will be filed against the student within 30 school days of receipt of a report by the Student Conduct Office of misconduct.  Exception:  Title IX/VAWA/NYS Education Law 129b related complaints as investigations of this nature may take longer to complete. 

SUNY Cortland also provides the following rights to reporting individual related to our conduct process. A reporting individual has the right:

• To request that student conduct charges be filed against the accused. Conduct proceedings are governed by the procedures set forth in the SUNY Cortland Code of Student Conduct as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions.
• Throughout conduct proceedings, the respondent and the reporting individual will have:
  • The same opportunity to be accompanied by an advisor of their choice who may assist and advise parties throughout the conduct process and any related hearings or meetings. Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct;
  • The right to a prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the respondent, including the right to a presumption that the respondent is "not responsible" until a finding of responsibility is made, and other issues related to sexual assault, domestic violence, dating violence, and stalking;
  • The right to an investigation and process conducted in a manner that recognizes the legal and policy requirements of due process (including fairness, impartiality, and a meaningful opportunity to be heard) and is not conducted by individuals with a conflict of interest;
  • The right to receive advance written or electronic notice of the date, time, and location of any meeting or hearing they are required to or are eligible to attend. Accused individuals will also be told the factual allegations concerning the violation, a reference to the specific code of conduct provisions alleged to have been violated, and possible sanctions;
  • The right to have a conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than 10 days except when law enforcement specifically requests and justifies a longer delay;
  • The right to offer evidence during an investigation and to review available relevant evidence in the case file (or otherwise held by the College);
  • The right to present evidence and testimony at a hearing, where appropriate;
  • The right to a range of options for providing testimony via alternative arrangements, including telephone/videoconferencing or testifying with a room partition;
  • The right to exclude prior sexual history with persons other than the other party in the conduct process or their own past mental health diagnosis or treatment from admittance in college disciplinary stage that determines responsibility. Past sexual violence findings may be admissible in the disciplinary stage that determines sanction;
  • The right to ask questions of the decision maker and via the decision maker indirectly request responses from other parties and any other witnesses present;
  • The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions;
  • The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the decision, any sanction, and the rationale for the decision and any sanctions;
  • The right to written or electronic notice about the sanction(s) that may be imposed on the accused based upon the outcome of the conduct proceeding. For students found responsible for sexual assault, the available sanctions are suspension with additional requirements and expulsion/dismissal;
  • Access to at least one level of appeal of a determination before a panel, which may include one or more students, that is fair and impartial and does not include individuals with a conflict of interest;
  • The right to have access to a full and fair record of a student conduct hearing, which shall be preserved and maintained for at least five years. Student Conduct Office, SUNY Cortland, Corey Union 409-B, PO Box 2000, Cortland, NY 13045-0900 607-753-4725;
  • The right to choose whether to disclose or discuss the outcome of a conduct hearing;
  • The right to have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel makes a final determination unless otherwise required by law

When a member of the SUNY Cortland community has been the victim of an alleged act of misconduct that violates the physical and/or mental welfare of an individual, they should expect that the student conduct system shall respond in a caring, sensitive manner that allows them to utilize the student conduct process unimpeded while still maintaining the rights of the accused student. In cases including, but not limited to, sexual assault, physical assault, hazing and harassment, the Student should expect:

1. To be treated with dignity and compassion by the student conduct body, and by all persons involved in the disciplinary process;
2. To receive information pertaining to the campus student conduct process and appropriate referrals for information on the criminal process;
3. To receive information pertaining to available counseling assistance;
4. To be free from intimidation and harassment throughout the student conduct process;
5. To request that campus personnel take the necessary steps reasonably available to prevent unwanted contact or proximity with the alleged assailant(s). This could include modification of living arrangements and/or class schedule.

Students and employees have the right to assistance from the University Police or other college officials in initiating legal proceedings in family court, civil court, or criminal court, including, but not limited to, obtaining and Order of Protection or, if outside of New York State, and equivalent protective or restraining order.  Once obtained, Orders of Protection are kept on file in University Police.

The Domestic Violence in the Workplace Policy and Procedures is available online. Through Human Resources, “The College, to the fullest extent possible without violating any existing rules, regulations, statutory requirements, contractual obligation or collective bargaining agreements, will take all appropriate actions to promote safety in the workplace and respond effectively to the needs of victims of domestic violence.” This policy is distributed annually and the designated human resources office leadership staff, affirmative action officer, and all other university personnel designated to provide support for those in need of assistance shall complete the SUNY System Office for the Prevention of Domestic Violence’s (OPDV) required training.

Alleged incidents of sexual harassment, dating violence, domestic violence, sexual assault or stalking may be reported to a number of offices on campus including the Title IX Coordinator and/or the Student Conduct Office. Reports to the Student Conduct Office will be processed in accordance with the Code of Student Conduct. If the accused is a student, cases will be adjudicated through an Incident Review Meeting or a Student Conduct Hearing.

1. Incident reports can be filed with the Student Conduct Office, University Police, residence hall staff, and the Cortland City Police. These reports are reviewed and determined based on the seriousness of the alleged violation whether it will be handled by an Incident Review Meeting or student conduct hearing, both procedures are conducted by the Director or Associate Director of Student Conduct whose professional responsibilities include up-to-date training in VAWA, Clery, and Title IX.
2. Students are notified in writing at least 3 school days before the scheduled Incident Review Meeting using campus email informing them of the date and time along with the charges. If the conduct officer and student agree on the substantive facts and sanctions, an outcome letter with the agreed upon decision and sanctions will be provided to the student.
3. For cases referred to a conduct hearing, the student will between a Student Conduct Board hearing or an Administrative hearing.  For cases involving sexual harassment, sexual assault, dating or domestic violence or stalking, the student will be referred to a Title IX/VAWA/Article 129b hearing.  
   
   • Student Conduct Board composed of one to three student hearing officers, two faculty and/or staff hearing officers, and a conduct advisor.
   • The Administrative Hearing Officer shall be a faculty or staff trained hearing officer assigned by the Student Conduct Officer.
   • The Title IX/VAWA/Article 129b hearing will be comprised of an Administrative Hearing Officer who will be the sole decision maker and a secondary Hearing Officer who does not have decision making authority in the hearing.  Both will be trained in conduct proceedings and in Title IX/VAWA and Article 129b laws annually and be assigned by the Student Conduct Officer.
4. SUNY Cortland's student conduct process uses a "preponderance of evidence" standard for in-violation finding meaning it is more likely that not the student violated the student Code.  

Sanctions

Sanctions for Code violations can include: warning; deferred residence hall suspension; residence hall suspension; residence hall dismissal; disciplinary probation; deferred suspension; disciplinary suspension; disciplinary dismissal; loss of privileges; restitution; mandated room reassignment; mandated counseling assessment; and/or discretionary sanctions such as community service, letters of apology, essay or research paper on assigned topic; disqualification from future housing selection process, program presentation, substance education program (ref. Code of Student Conduct, Section Eleven). In cases of sexual assault, the College will impose a minimum sanction of suspension. See Section Eleven G of the Code for available sanctions in the case of sexual assault, sexual harassment, dating violence, domestic violence, and stalking.

Interim Sanctions

In certain circumstances, the Vice President for Student Affairs and/or their designee may impose a disciplinary suspension or other restrictions prior to the hearing: to ensure the safety and well-being of members of the community or preservation of College property; to ensure the student’s own physical or emotional safety and well-being; or if the student poses a definite threat of disruption or interference with the normal operations of the College. Both the accused or respondent and the reporting individual shall, upon request, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim sanction, including potential modification, and shall be allowed to submit evidence in support of their request. In certain circumstances, the Director of Residence Life and Housing or their designee, at times in conjunction with the Title IX Coordinator or Deputy Title IX Coordinator, may impose a residence hall suspension, mandate room reassignment or other restrictions prior to the hearing.

Holds and Transcript Notations

When a student is dismissed for behavioral reasons, the notation “dismissed after a finding of responsibility for a Code of Conduct violation” will automatically be placed on the student’s academic transcript and remain there indefinitely. Likewise, when a student has been suspended, the notation “suspended after a finding of responsibility for a Code of Conduct violation” will be placed on their transcript. This notation is permanent for crimes of violence, hazing or other serious violations. For others, a request for the notation to be removed may be made after the period of suspension plus one year (ref. Code of Conduct and Related Policies, “College Record Notation Policy – Non-Academic Discipline.”)

For students who withdraw or leave SUNY Cortland prior to disposition of alleged policy violations, a Banner Hold (student record hold) can be implemented and annotation of “withdrew with conduct charges pending” will appear on the transcript.

A bystander is someone other than the victim who is present when an act of dating violence, domestic violence, stalking or sexual assault is occurring or when a situation is occurring in which a reasonable person feels as though some protective action is required to prevent sexual assault, dating violence, domestic violence or stalking. Bystanders, if active, can prevent harm or intervene with safe and positive options before a situation gets worse.

Examples of active bystander intervention include: not leaving an overly intoxicated person in a bar/party alone; walking a classmate to their car after class; calling police when a potentially violent situation is unfolding; not leaving an unconscious person alone (alerting an RA, EMS, campus police, etc.); or intervening when someone is being belittled, degraded or emotionally abused (walking victim away from abuser, contacting others for help, e.g., counseling center, RA).

To help prevent crimes, it is important to secure valuable belongings and be aware of one’s surroundings. To emphasize crime prevention awareness, campus educational programs, seminars, videos, posters, brochures, student newspaper articles, messages from administration, etc., address personal safety including rape/sexual assault, stalking, dating violence, domestic violence, substance use/abuse, importance of locking doors and windows, the “buddy” system, and fire and property safety.

This information also includes safety services such as the Late-Night Campus Shuttle, the Friday and Saturday Downtown Shuttle, counseling, mental health services, medical resources, and emergency services. Rape-facilitating drugs can be difficult or impossible to detect. Don’t drink what you don’t open yourself and don’t share drinks. Bring your own, get your own drink or go with someone who is getting it for you. Don’t leave your drink unattended, and don’t drink anything that has an unusual taste or appearance (e.g., salty taste, excessive foam, unexplained residue). Don’t mix alcohol with other drugs and watch out for friends!

The College provides information regarding sexual assault awareness, sexual harassment, stalking, dating violence and domestic violence to all incoming, first-year and transfer students during Orientation. The College also provides these awareness programs open to the entire campus community at the beginning of each school year. Awareness programs discuss the definition of affirmative consent, prohibited behaviors, options and resources for reporting individuals, amnesty policy, the Students’ Bill of Rights, grievance procedures and bystander intervention. In addition, Human Resources provides a policy statement and list of Resources for Domestic Violence in the Workplace to all employees. The College, to the fullest extent possible without violating any existing rules, regulations, statutory requirements, contractual obligations or collective bargaining agreements, will take all appropriate actions to promote safety in the workplace and respond effectively to the needs of victims of domestic violence. Visit the Human Resources Policies and Procedures page to learn more. In accordance with the New York state Governor’s Executive Order 19, SUNY Cortland employees are required to complete “Preventing Sexual Misconduct” training. 

Domestic Violence and the Workplace Policy and Procedures - This document can be found on the Human Resources webpage under Policies and Procedures. Topics are covered during Workplace Violence portion of new employee orientation.
Domestic Violence Education -  Programs have included workshops by community partner domestic violence professionals and One Love Foundation Escalation Workshops.  Yards for Yeardley is a campus-wide program held in April to raise awareness for domestic violence prevention and support for survivors.

One Love Foundation Escalation Workshops are provided for staff and students to learn recognize the signs of and prevent abusive personal relationships.

Behind the Post Workshops - are provided for students to learn the particular impact of social media on the health of relationships, and to learn the warning signs of unhealthy or abusive relationships.
Silent Witness Program – A place on the University Police website where people can anonymously report a crime

Operation Lockout – An anti-theft program in the residence halls that shows students how easy it is to become a victim of crime and simple steps to help preserve safety.
Rape Aggression Defense (RAD)  teaches realistic defense tactics and techniques taught by nationally certified RAD instructors.
Students Active for Ending Rape (SAFER)– A student organization committed to educating the campus and raising awareness of and preventing sexual assault.

Take Back the Night March – Held in the fall and in the spring, this march heightens awareness to help prevent sexual assault and also features a “speak out” against sexual assault.

YWCA’s Aid to Victims of Violence (AVV) - A crisis hotline and other resources for victims of sexual assault/rape, domestic, dating and other violence. Also produced a consent brochure distributed on campus as well as signed a memorandum of understanding with SUNY Cortland and has a representative on the It’s On Us Action Team.  AVV staff hold hours on campus Monday-Friday at the Student Life Center.
Off-Campus Jurisdiction – SUNY Cortland’s policy allows for pursuing student conduct action against students who are involved in off-campus incidents that also violate College policy and/or federal, state, and/or local laws, statutes, or ordinances. Typically the campus reserves this prerogative for more serious or repeated misconduct.
Suspension/Dismissal – Students who are suspended or dismissed are not allowed to be on campus or at campus-sponsored events for any reason unless prior permission is given by the Vice President for Student Affairs.

Persona Non Grata (PNG) – An order of exclusion from campus to non-students who have demonstrated that their presence on campus would be a threat to the campus and/or campus members. Violators can be arrested for criminal trespass. 

Evening and Weekend Shuttles including extended hours on the weekends with an evening shuttle from Main Street to campus.
Green Dot – A bystander intervention program provided for students and staff to learn how to help prevent incidents of sexual assault, relationship or domestic violence, stalking, and sexual harassment. The Green Dot Committee provides oversight for the implementation of Green Dot training for students, faculty, and staff as well as presentations in COR 101 classes, to student groups, and academic departments. We have a total of 261 students trained through our 6 hour training program.

It’s On Us Action Team – A representative group bringing the It’s On Us national campaign to the Cortland campus. Students, faculty and staff organize the sexual assault awareness programs, including Speak Out Stand Up video presentation in COR 101 classes, panel presentations examining the rape culture, awareness activities and tabling for Domestic Violence Awareness month, Sexual Assault Awareness Week, stall stickers (in bathrooms) including sexual violence, stalking and sexual harassment resource information, Safe Spring Break Fair among others. Each year we have an opening featured speaker about sexual violence prevention and education.  The last few years we had speakers from Green Dot, Inc come to speak. The It's On Us page links the social media channels promoting awareness on Facebook, Twitter, Instagram, and YouTube and includes a video created and shared by Cortland students.

Sexual Assault Awareness Month – Residence hall programs, campus-wide pledge campaign, and campus-wide programming such as Take Back the Night March focus on sexual violence education. This included Jessica Luther and panel discussing sexual assault and sport culture and “It’s On Us” photo and tabling where people could take an online pledge and take a photo with the It’s On Us logo for the College website. Consent brochures were also distributed. RAD training was offered.
New Student Orientation - Includes presentations and programs on dating violence, sexual assault, stalking, domestic violence, and personal safety. It is an expectation that all new students attend a summer or fall new student orientation program. Included this year was “Tea and Consent” video (clean version) taking the sensitive topic of sexual consent and likening it to serving tea - an entertaining way to have a conversation about this subject from Blue Seats Studio (YouTube).
Blue Light Phone program – attached to a light pole or building, picking up the receiver automatically rings to University Police.

Campus Safety Advisory Committee (formerly University Police Advisory Board) – Charged with advising the president and chief of police on matters of campus security, public safety, and personal safety; review and suggest improvement in safety education programs; assess availability of counseling service for crime victims; review victim referral and campus response procedures for sexual assault situations; conduct ongoing assessment of the quality of campus personnel safety policies, practices, procedures and programs; and provide information to incoming students about sexual assault prevention measures, penalties, and related security procedures.
Sexual Assault Prevention Education – a series of online courses, offered to new and continuing students at both the undergraduate and graduate level, which emphasizes how to contribute to positive, productive, and safe campus community; reinforces critical lessons on how to prevent and respond to sexual assault, stalking, sexual harassment, and relationship violence among students; and covers topics including (but not limited to) building and maintaining healthy relationships, affirmative consent, bystander intervention, and available resources. We contracted for a faculty/staff module beginning Fall 2017.
3rd Millennium - An interactive online program providing students with insightful information regarding the use, misuse and abuse of alcohol and drugs. This training provides education on myths and misperceptions, alcohol volume, blood alcohol concentration, key strategies for drinkers and non- drinkers, alcohol and drug related laws and policies, and bystander intervention skills. The course also provides students with an opportunity to reflect on and consider changing their drinking habits.

New Student Planner – given at Orientation and includes information on Title IX (including information on prohibited behaviors and referral to the comprehensive Title IX website), Student Conduct, Counseling, University Police and more.
Title IX Coordinator is a full-time position. The Title IX Coordinator offers training to faculty, staff and student groups, developed a campus-wide handout, maintains the Title IX website, including a link to many campus and community resources including SUNY’s Sexual Assault and Violence Resources (SAVR) web-based tools designed to support college students and all New Yorkers looking for help. The College president distributed Title IX information to all students, faculty, and staff through campus-wide email distribution. In 2016, all employees were mandated to complete an online Title IX/Title VII education module. In addition, the campus has hired a Deputy Title IX Coordinator for Investigations and Training.
Message from the President – A letter and informational handout mailed to parents/guardians of all new students regarding alcohol use and its potential impact on their student’s success and how parents/guardians can support their student making healthy choices.

Residence Hall Resident Assistant Training topics include: conflict mediation; fire safety and evacuation protocol; sexual assault, domestic violence, sexual harassment, and stalking response and reporting; active shooter protocol; alcohol/other drugs safety and emergency protocol; mental health crisis protocols; Title IX, Violence Against Women Act, Title II, and FERPA.
Online Communities Program offered by University Police that shows the importance of protecting privacy while using social media networking Internet sites.
Civilian Ride Along program with a University Police Officer on routine patrol to gain first-hand knowledge of police procedures and operations.

Fatal Vision Program - demonstrates how quickly impairment can turn into potentially devastating consequences for anyone who drives while impaired by alcohol or other drugs. We have now obtained the pedal carts in addition to the goggles.
Stop Theft ID Computer Identification Program - An anti-theft and recovery program designed mainly for laptop computers.
Meet the University Police - University Police personnel discuss the professional role University Police Officers play on campus.

Crime Alerts (Timely Notification) – issued when there has been a crime on campus or in other areas of the community impacting students.

Additional programs and information are available through the Title IX Office, SAFER (Students Active for Ending Rape), the It’s On Us Action Team (c/o Vice President for Student Affairs Office), the YWCA AVV, and University Police.

• Alger Hall (NRF)
• Bishop Hall (NRF)
• Casey Tower (NRF)
• Cheney Hall (NRF)
• Clark Hall (NRF)
• DeGroat Hall (NRF)
• Dragon Hall (NRF)
• Fitzgerald Hall (NRF)
• Glass Tower (NRF)
• Hayes Hall (NRF)
• Hendrick Hall (NRF)
• Higgins Hall (NRF)
• Leadership House (NRF)
• Randall Hall (NRF)
• Shea Hall (NRF)
• Smith Tower (NRF)
• *Whitaker Hall (No longer a residence hall)
• West Campus (NRF)

• Alger Hall (NRF)
• Bishop Hall (NRF)
• Casey Tower (NRF)
• Cheney Hall (NRF)
• Clark Hall (NRF)
• DeGroat Hall (NRF)
• Dragon Hall (NRF)
• Fitzgerald Hall (NRF)
• Glass Tower (OF)
  • Related injuries treated at medical facility - 0
  • Related deaths - 0
  • Property damage - <$50
• Hayes Hall (NRF)
• Hendrick Hall (NRF)
• Higgins Hall (OF)
  • Related injuries treated at medical facility - 1
  • Related deaths - 0
  • Property damage - <$50
• Leadership House (NRF)
• Randall Hall (C)
  • Related injuries treated at medical facility - 0
  • Related deaths - 0
  • Property damage - <$50
• Shea Hall (NRF)
• Smith Tower (NRF)
• West Campus (NRF)

• Alger Hall (NRF)
• Bishop Hall (NRF)
• Casey Tower (NRF)
• Cheney Hall (NRF)
• Clark Hall (NRF)
• DeGroat Hall (NRF)
• Dragon Hall (NRF)
• Fitzgerald Hall (NRF)
• Glass Tower (NRF)
• Hayes Hall (NRF)
• Hendrick Hall (NRF)
• Higgins Hall (NRF)
• Leadership House (NRF)
• Randall Hall (NRF)
• Shea Hall (NRF)
• Smith Tower (NRF)
• *Whitaker Hall (NRF)
• West Campus (C)
  • Related injuries treated at medical facility - 0
  • Related deaths - 0
  • Property damage - <$50

• Alger Hall (NRF)
• Bishop Hall (NRF)
• Casey Tower (NRF)
• Cheney Hall (NRF)
• Clark Hall (NRF)
• College Suites (C)
  • Related injuries treated at medical facility - 0
  • Related death - 0
  • Property Damage - <$50
• DeGroat Hall (NRF)
• Dragon Hall (NRF)
• Fitzgerald Hall (NRF)
• Glass Tower (AR)
  • Related injuries treated at medical facility - 0
  • Related deaths - 0
  • Property Damage - <$50
• Hayes Hall (NRF)
• Hendrick Hall (NRF)
• Higgins Hall (NRF)
• Leadership House (NRF)
• Randall Hall (NRF)
• Shea Hall (NRF)
• Smith Tower (NRF)
• *Whitaker Hall (NRF)
• West Campus (C)
  • Related injuries treated at medical facility - 0
  • Related deaths - 0
  • Property damage - <$50

Firearms (including BB, pellet and paintball), weapons, ammunition, firecrackers, explosives, harmful chemicals or any other type of flammable materials are not to be stored or used in or around the residence halls.

Internal combustion engines are prohibited within the buildings. No combustible materials are permitted in the residence halls. Each campus room is permitted one refrigerator that must be UL-approved with three-pronged plus, tight fitting door gasket and unfrayed feeder line. The maximum size for student refrigerators is 5.0 cubic feet. Microfridge units, either available for rent from the Auxiliary Services Corporation (ASC) or personally owned, combine a refrigerator, freezer and microwave in one unit and are the only microwave units approved for use in student rooms. Refrigerators must be inspected by a staff member as students check into their residence hall. SUNY Cortland became tobacco free in January 2013. There are no longer any designated smoking areas.

Fire code door decoration requirements allow two 4-inch by 6-inch photos, two door tags, one dry erase board (tripled rooms may have three photos and three door tags). Candles or incense of any type are not permitted in student rooms or apartments due to the potential fire threat they post to all students living in the community. This includes any decorative or fragrant candles. Because of the danger of fire, candles and any kind of open flame (including charcoal, propane, grills, stoves and incense) cannot be allowed in the residence halls. The use of candles for religious observance may be permitted under controlled circumstances through the director of Residence Life and Housing. For the safety of all residents, use and/or possession of these appliances/items will not be allowed in any of the residence halls: wall tapestries, curtains, heaters, hot pots, sun lamps, any lamps with plastic shades (i.e., “octopus” lights) refrigerators exceeding five cubic feet, any other electrical appliance used for cooking or preparing food (Foreman grills/ovens, propane grills), hot plates, potpourri pots, electric coils, lava lamps, toaster ovens, air conditioners, microwave ovens, electric blankets, electric percolators and drip coffee pots. Students can have UL approved coffee pots with built-in automatic shut-offs and cool air vaporizers. All extension cords used at SUNY Cortland must have a surge protector. Regular extension cords, zip cords, adapters, 3-way taps, orange heavy cords, damaged cords or wires are prohibited.

Fire Safety Systems - Student Housing Facilities 

Fire Safety Systems - Student Housing Facilities

Building	Assembly Space	Detection Type	Sprinkler or Fire Suppression (Y/N)	Fire Alarm Sound	Strobe Lights (Y/N)
Alger Hall	Front of Higgins near Shea	Heat/Smoke	Y	Voice	Y
Bishop Hall	Quad area near Shea	Heat/Smoke	Y	Bell	Y
Casey Tower	West side of bldg. near Broadway	Heat/Smoke	Y	Bell	N
Cheney Hall	Front lawn of Brockway	Smoke	Y	Bell	N
Clark Hall	Behind Fitzgerald	Heat/Smoke	Y	Voice	Y
DeGroat Hall	Front lawn of Brockway	Heat/Smoke	Y	Voice	Y
Dragon Hall	West side or Quad near Bishop	Heat/Smoke	Y	Voice	Y
Fitzgerald Hall	Behind Fitzgerald	Heat/Smoke	Y	Bell	Y
Glass Tower	Neubig lawn	Heat/Smoke	Y	Bell	Y
Hayes Hall	Quad area near Hendrick	Heat/Smoke	Y	Bell	Y
Hendrick Hall	Quad area near Hayes	Heat/Smoke	Y	Voice	Y
Higgins Hall	Front of Alger near Bishop	Heat/Smoke	Y	Voice	Y
Leadership House	Water Street near Neubig	Smoke	Y	Horn	Y
Randall Hall	South and southwest lawns	Heat/Smoke	Y	Bell	N
Shea Hall	Quad area near Bishop	Heat/Smoke	Y	Bell	Y
Smith Tower	West side of bldg. near Broadway	Heat/Smoke	Y	Bell	N
West Campus	Recreation Building or bus stop depending on building location	Smoke	In common area of apartments to provide egress	Bell	Y

In addition, SUNY Cortland has student sleeping quarters at Campus Huntington and Antlers (the Raquette Lake facilities), and the Brauer Field Station in Albany. All sleeping quarters are equipped with First Alert smoke detectors, either battery or hardwired. There are fire extinguishers in every building, and strict fire safety/evacuation procedures are part of the mandatory orientation for all facility users. There are also carbon monoxide detectors in all of the residence halls.As residence halls are rehabilitated, special attention is given to fire safety systems including sprinkler systems. SUNY Cortland is also incorporating Safe-T-element^TM upgrades (electrical coil stovetops) and Safe-T-sensor^TM devices (for microwave ovens) as they upgrade appliances. Blue Light phones and residence hall door phones are connected directly to University Police. All fires need to be reported to the County 911 Center or University Police 607-753-2111. Dialing 911 from a campus phone will ring into University Police.

Emergency Evacuation — Student Housing 

Evacuation procedures and assembly spaces for each building are provided in SUNY Cortland’s Emergency Action Plans. This document can be retrieved at the Environmental Health and Safety Office webpage “Programs, Policies and Procedures.” Special procedures are in place for evacuating students with disabilities. These procedures are disseminated via campus-wide email each semester and posted in each building. In the residence halls, students are expected to leave the facility immediately after the fire alarm is activated. They are instructed to not use elevators and particular stairwells (center stairwells in low rise halls). Staff members are expected to leave at the time of the alarm and make cursory checks of floors and wings as they progress down to the main floor of a hall. Moreover, staff members assume responsibilities such as calling the elevators to the ground floor and securing the outside doors to prohibit students from reentering the hall as they wait for the fire department to determine the cause of the alarm activation. Staff members report to University Police and the local fire department any special needs or issues they observe while evacuating the facility. Once the facility is deemed safe, staff members check rooms to verify that evacuation protocol has been observed by students. Specific evacuation procedures and staff responses are outlined in the Residence Life and Housing Staff manual.  In 2018, a total of 216 fire drills were held on campus.  In 2019, a total of 213 fire drills were held on campus. 

Responsibilities

The Environmental Health and Safety Office has the following responsibilities under Emergency Action Plans: 1) reviewing and updating the safety standard; 2) evaluating the standard’s effectiveness; 3) providing or coordinating Emergency Action Plan training; 4) reporting fires, emergencies and related issues to the appropriate agencies; 5) providing information about this standard and specific responsibilities to employees; and 6) responding to or assisting with other campus emergencies.
Supervisors will assist with efforts to provide Emergency Action Plans training to employees.

Students have responsibility for reporting fires and other emergencies, correcting or reporting unsafe conditions and observing evacuation procedures and protocol for other campus emergencies. University Police has responsibility for assisting with fire drills and emergency evacuations, reporting fires and emergencies to appropriate agencies, and responding or assisting with other campus emergencies.

Employees have responsibility for reporting fires and other emergencies, correcting or reporting unsafe conditions, and observing evacuation procedures and protocol for other campus emergencies.

Visitors have responsibility for observing evacuation procedures and protocol for other campus emergencies.

Fire Safety Education and Training

All faculty, staff and students are expected to familiarize themselves with the evacuation plan for the buildings which they occupy including the identified assembly places. Evacuation routes are posted in the hallways on every floor. In the residence halls, students are instructed at the opening meeting and other floor/wing meetings on evacuation procedures. Programs are also presented in the residence halls on various safety issues including fire safety. Students are reminded about fire evacuation procedures during hall meetings, floor meetings, or after problems occur during fire drills and accidental activations of the alarm. In addition, all first-year students receive a fire safety brochure, and some first-year students receive a fire safety presentation component in a COR 101 class. The resident assistant (RA) on duty each Sunday completes a Fire Safety Report that includes inspections of fire extinguishers, exit signs, detectors, doors, pull stations, and emergency lights within their residence halls. Work requests are subsequently submitted to address items that require corrective action. In addition, student rooms are thoroughly inspected during Thanksgiving, winter, and spring breaks as well as during health and safety inspections in September and March.  State fire also completes a residence hall inspection in late September/early October. Incidentals such as misuse of extension cords, candles, and small appliances with automatic shut- off devices are scrutinized. Any “illegal” item found during an inspection is confiscated and, in some instances, students may be referred to the Student Conduct Office. Employees receive Emergency Action Plans training when they are initially assigned to a position and annually thereafter. Employees also receive training when certain responsibilities and aspects of this plan change. This training will include protocol for reporting fires, procedures for evacuating a building, use of fire extinguishers, and how to respond to other emergencies. Students receive this training during the beginning of the fall semester or orientation sessions. Copies of the Emergency Action Plan and the SUNY Fire Safety Report are available through SUNY Cortland’s Environmental Health and Safety Office webpage.