V. Responding to Incidents

Any person who has been subjected to a violation of this policy is encouraged to understand their options and to seek out the support they need.

A. Confidential Support Resources

Victims are encouraged to seek support for their emotional and physical needs. A person seeking confidential emotional or healthcare may contact the following resources.

Students may contact:

• The Counseling Center, Conant House, 315-228-7385 or for an after-hours emergency, call Campus Safety at 315-228-7333 and ask to speak with the counselor on-call.
• Office of the Chaplains, garden level of the Memorial Chapel, 315-228-7682.
• Student Health Services, 150 Broad Street, 315-228-7750.
• Victims of Violence, 24-hour hotline 315-366-5000.

Employees may contact:

• Employee Assistance Program, 315-451-2161.
• Victims of Violence, 24-hour hotline 315-366-5000.

A report to a Confidential Resource listed above is not a report to the university and will not result in remedial action or an investigation or disciplinary action. Information shared with the university’s Counseling Center, Student Health Center, and the university’s chaplains will not be shared with the Title IX Coordinator or the EGP Panel, unless the reporting individual requests this. Confidential Resources are there to support emotional, physical and spiritual needs only; any person who desires for the university to take investigatory/disciplinary action must make a report to one of the Responsible Administrators, listed below.

B. Responsible Administrators

The following offices and individuals have been trained to receive and respond to allegations of violations of this policy:

• Marilyn “Lyn” Rugg, Associate Provost for Equity & Diversity and Title IX Coordinator
  Office of Equity and Diversity
  102 Lathrop Hall
  315-228-7288
  mrugg@colgate.edu

• Tamala Flack, Director for EEO/AA
  Office of Equity and Diversity
  102 Lathrop Hall
  315-228-7014
  tflack@colgate.edu

• Any Equity Grievance Panel member (list of members can be found here)

If a report is made to anyone other than the Responsible Administrators listed above, the complainant risks the possibility that the information will not come to the attention of the proper University officials and may, therefore, not be acted upon.

i. What happens after contacting a Responsible Administrator.

A Responsible Administrator will discuss with the reporting individual available avenues and options. A reporting individual may be able to take advantage of multiple options simultaneously. Options include contacting local law enforcement (if the incident involves a crime) and/or a disciplinary proceeding against the accused and/or mediation, in appropriate circumstances. (See Equity Grievance Process). In situations where the reporting individual’s well-being requires, other options may include interim changes in class assignments, residence hall assignments, transportation arrangements, or work assignments to assist the reporting individual in not having to interact with the accused, or other measures to enhance the reporting individual’s safety, such as escorts or increased monitoring of an area. (See below Section iv. for a fuller explanation of possible interim actions.) The university will review the facts and circumstances of each case, as well the reporting individual’s wishes, in deciding whether and what steps are reasonable and appropriate.

ii. How information is shared within the university.

A Responsible Administrator is not a confidential resource. However, even Colgate offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX coordinator to investigate and/or seek a resolution and subject to other legal requirements. This is described further below.

iii. How decisions about taking action are handled.

A report to a Responsible Administrator often does, but need not necessarily, lead to an investigation or disciplinary action. The decision about what action(s) to take depends on many factors, including the reporting individual’s wishes, particularly in cases of sexual misconduct. A reporting individual may make a report to a Responsible Administrator and request that the university take no investigatory or disciplinary action. The university endeavors to comply with reporting individuals’ wishes with respect to whether responsive action is taken. However, that is not always possible, as the university must weigh the reporting individual’s wishes against its obligation to provide a safe, non-discriminatory environment for all members of its community and meet other legal obligations.

 If a reporting individual requests that no action be taken against the accused (i.e., no investigation or disciplinary action), the Responsible Administrator will consult with the Title IX Coordinator and/or the Director for EE/AA (for cases involving staff), and the appropriate EGP co-chair(s). The university’s decision as to responsive action will depend on the seriousness of the offense, whether the accused has a history of violent behavior or is a repeat offender, whether the incident represents escalation in unlawful conduct from previously noted behavior, the risk that the accused will commit additional acts of violence, whether there was a single perpetrator or multiple, whether the accused used a weapon or force, whether the reporting individual is a minor, whether available information reveals a pattern of perpetration at a given location or by a particular group or organization, whether the circumstances otherwise suggest an ongoing or future risk to the campus community or the reporting individual, and similar considerations. A decision will be made and shared with the reporting individual. Ultimately, the university retains the right to act upon any information that comes to its attention.

 Similarly, a reporting individual may desire that the university take other investigatory or disciplinary action, or both, but may wish to have their identity as the reporting individual kept confidential. Depending on the circumstances, this may or may not be possible. If any number of people could have reported the incident or if there are other means to obtain evidence (such as security footage), it may be possible for the reporting individual’s identity to remain confidential and not shared with the responding individual.¹ However, in other cases, it may not be possible to proceed with investigatory or disciplinary action without revealing the identity of the reporting individual. If a reporting individual requests that their name be kept confidential (or if the reporting individual makes an anonymous complaint), the university’s ability to respond to, and ultimately resolve, the complaint may be limited. The appropriate administrators will discuss the situation and the reporting individual’s request for confidentiality, and a decision will be made and shared with the reporting individual. Ultimately, the university retains the right to act upon any information that comes to its attention in what it believes is the institution’s best interests.

 In its annual report of campus crime statistics, the university must also report statistics concerning the occurrence on campus of certain crimes, including certain sex offenses. This statistical report does not include any personally identifiable information concerning the victim or the accused. Similarly, if Colgate issues a timely warning pursuant to the Clery Act to warn the campus community about a perceived immediate threat, the warning issued will not include any personally identifying information concerning a victim.

 Records concerning reports, investigations and disciplinary proceedings pursuant to this policy will be kept in private, secure files and only individuals with a legitimate right to know will be permitted access.

iv. Interim actions may be available.

Interim actions may be taken by the university to immediately respond to a situation while an investigation or disciplinary action is pending or ongoing. Interim actions may include but are not limited to: 

1. 1. Offering adjustments to academic deadlines and course schedules for students;
   2. Altering work arrangements for employees;
   3. Referral to counseling and health services or to the Employee Assistance Program;
   4. Providing campus escorts;
   5. Altering the housing situation of one or more of the involved students; 
   6. Implementing no-contact orders directing the accused or responding individual to have no contact with the reporting individual; 
   7. Imposing temporary suspensions from housing or the entire campus, pending the outcome of a disciplinary proceeding.

There is no time limit for making a report. However, the passage of time may make effective responsive action difficult. Further, if the responding individual is no longer a member of the university community, the university’s ability to respond may be limited. Individuals with a concern are encouraged to make a report promptly.

 Please refer to the Equity Grievance Process for detailed information about Colgate’s investigatory and disciplinary action. You may also contact the Title IX Coordinator, the Director for EEO/AA, or an EGP Panel member to discuss how the EGP Policy and Equity Grievance Process work. You need not disclose information about a specific incident in order to obtain general information about Colgate’s policies and procedures.

C. Law Enforcement

Any person may call 911 or Campus Safety (315-228-7911) for immediate safety assistance. If you or someone else needs help, call for immediate assistance. Campus Safety can also assist the individual in making a report of a crime to local law enforcement and/or contacting a Responsible Administrator to initiate the university’s internal response mechanisms.

 A victim of a crime is encouraged to, but is not required to, report the incident to local law enforcement and pursue criminal charges. The criminal process and the university’s disciplinary processes are not mutually exclusive or dependent on each other, meaning that a person may pursue either a criminal complaint or university complaint or both. The fact that there is a criminal complaint filed will not prevent the university from taking its own internal investigatory and disciplinary action. However, in some cases, the university may delay temporarily the initiation of its internal processes while a law enforcement investigation is ongoing. Such delays will not last more than ten calendar days except when law enforcement authorities specifically request and justify a longer delay.

In criminal cases, the preservation of evidence is critical and must be done properly and promptly. For example, in cases of rape or other forms of sexual assault, it is important not to shower, change clothes and even brush your hair, as physical evidence may be lost. In cases of violence or physical abuse, it is important to document injuries, including by taking photographs. Campus Safety or the Hamilton Police Department (315-824-3311, or 911 in an emergency) can assist in filing a criminal complaint and in securing appropriate physical examination, including by a Sexual Assault Nurse Examiner.

 Additionally, orders of protection and other forms of legal protection may be available to individuals who have experienced or are threatened with violence by another person. Colgate will reasonably assist such individuals in obtaining available legal protections, provide a copy of any order of protection or similar document it receives to the parties affected by it, explain the order of protection or similar document and the consequences for violating it, call upon and assist local law enforcement in effecting an arrest for violation of the order of protection or similar document, and abide by all legally issued orders of protection or similar documents, including denying the restricted person access to Colgate’s property, if necessary.

D. Public Awareness/Advocacy Events

If a member of the Colgate community discloses actions believed to constitute a violation of this policy through a public awareness event such as a candlelight vigil, a protest, a student organization or other event or forum, or other public event, Colgate is not obligated to begin an investigation. Colgate may, however, use the information to inform the need for additional education and prevention efforts.