Info for survivors

Survivor guide 

This guide provides a lot of helpful information related to student-on-student experiences of sexual harassment and discrimination. It is highly encouraged that due to the amount of information in this guide that students connect with a case manager with the CARE Team to go over the information herein so they can ask questions and get support. 

Note about terms: There are a number of terms and labels that an individual impacted by an interpersonal concern or violence might use. Some of the common terms that can be used in addition to or as an alternative for survivors include: reporting individual, victim, complainant, and target. Individuals are encouraged to use whichever term or terms feel right for them.

Table of Contents 

Common services the CARE Team offers survivors 

The CARE Team believes in empowering and advocating for individuals so they can make the best decisions for themselves. We support students going through a number of interpersonal issues and concerns. 

How to Contact A Case Manager: 

Location: UUW-207A (just down the hall from Visions in The Union) 

Email: dos@binghamton.edu 

Phone: 607-777-2804

These are some of the ways a case manager can help: 

  • Provide support, lend advice and help students and faculty find the right resources to address the issue; 
  • Explore options with you and develop a plan to help you feel safe;
  • Connect you with both on- and off-campus resources with which we work closely;
  • Assist you with academic, living, transportation, working, and other reasonable and available accommodations and supportive measures regardless of your reporting choices in collaboration with the Title IX Office. Any accommodation or supportive measures will be maintained as confidential to the full extent possible;
  • Explain the different reporting options and procedures available to you including police, human resources, and student conduct;
  • If you are interested, support you through the reporting process with the Office of Student Conduct and/or the Criminal Justice System;
  • Accompany you to meetings with on and off campus resources as needed;
  • Help obtaining a No Contact Letter through °®¶ą´«Ă˝, or an order of protection.
  • Case managers can NOT act as advisors in the 2020 Title IX grievance process but can help survivors find advisors.

What to Expect When Working with the CARE Team 

Step 1: A student discloses to a faculty or staff member at the University, or speaks to a private resource such as Student Conduct, UPD, or Title IX.

Step 2: When a private resource reports and the CARE Team is informed, initial outreach is sent. 

  •  This outreach provides:
    • Information on how to make an appointment with a case manager;
    • Resources both on campus and off campus;
    • Reporting options. 

Step 3: Once a student receives that outreach they are able to email the case manager who reached out to them directly and set up an appointment. 

Step 4: During the appointment students can expect that the case manager will begin with information about their role and the CARE Team. Case managers will offer an overview of their reporting obligations, and the difference between private and confidential resources. 

Reminders: 

  • Students can share as much or as little information as they would like.
  • Students do not have to make a Student Conduct report or criminal report to use CARE Team services.
  • Students do not need to provide the name of the alleged.

Step 5: Once a student is informed about the reporting obligations of the case manager, the case manager often goes over the different options that a student has. Students do not have to decide at that moment what they want to do if they are not ready. Students can pick some, all, or none of the options provided. 

Some common options offered: 

  • A No Contact Order if the accused is another °®¶ą´«Ă˝ student;
  • Help communicating with faculty;
  • Referrals to confidential resources such as UCC and CVAC;
  • An overview of accountability processes and the different types of reports that can be made;
  • Support with safety planning to help the student feel more safe on and off campus;
  • Information on the criminal justice process.

Step 6: Depending on what a student is looking for, a case manager can help with next steps. This could be attending future meetings with them, helping with emails to faculty, and referral information regarding additional resources. In addition the case manager works with the student regarding what kind of support they are looking for. This could be email check ins, phone calls, or in person meetings, depending on the needs of the student.

Resources 

Students feeling immediately unsafe should always contact °®¶ą´«Ă˝ Police.

Private vs confidential resources 

Private resources*

Obligated to report known names and facts to the Title IX Coordinator. The University may take action.

*Even °®¶ą´«Ă˝ 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.

**The VARCC also offers confidential resources.

Confidential resources

Information remains with the student and the source. Source is not obligated to report to Title IX Coordinator or anyone else unless there is imminent concern for safety. 

Anonymous resources (student’s identity remains unknown to the source):
Academic Supports: 

â—Ź University Tutoring Services: 607-777-9235

â—Ź Student Transition and Success: 607-777-5007

 Legal Help:

â—Ź Legal Clinic: 607-777-2797

â—Ź : 518-463-3200

Off campus Housing Options: 

â—Ź Off-Campus College – Housing: 607-777-2797 

â—Ź

Other resources:
  • Susquehanna River Region's online database (information and referral): 211 or 1-800-901-2180
  • RISE (Emergency Shelter): 607-754-4340
  • A New Hope Center (Owego): 607-687-6866
  • National Suicide Prevention Hotline:  1-800-273-8255
  • Trevor Lifeline Project (LGBTIQ) 24/7 help line: 1-866-488-7386
  • Local law enforcement:
    • All emergencies/Broome County Dispatcher: 911
    • City of °®¶ą´«Ă˝ Police: 607-723-5321
    • Town of Vestal Police: 607-754-2111
    • Village of Endicott Police: 607-785-3341
    • Village of Johnson City Police: 607-729-9321

Safety plans 

Individuals in interpersonal violence related situations can struggle with what safety means to them and how to gain a sense of safety. Safety planning is one of the ways that someone can explore and better understand what they need to feel safe.  

Student Bill of Rights 

The State University of New York and °®¶ą´«Ă˝ are committed to providing options, support and assistance to students who have experienced forms of sex-based harassment or discrimination (including sexual assault, domestic violence, dating violence, stalking, quid pro quo and/or hostile environment harassment), to ensure that they can continue to participate in college/University-wide and campus programs, activities and employment.

All students who have experienced these crimes and violations, regardless of race, color, national origin, religion,creed, age, disability, sex (including sex stereotypes), sex characteristics, gender identity or expression, sexual orientation, familial status, pregnancy or related conditions, 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:

  • Make a report to local law enforcement and/or state police.
  • Have disclosures of domestic violence, dating violence, stalking and sexual assault treated seriously.
  • Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution.
  • Participate in a process that is fair, impartial and provides adequate notice and a meaningful opportunity to be heard.
  • Be treated with dignity and to receive from the institution courteous, fair and respectful healthcare and counseling services, where available.
  • Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations.
  • Describe the incident to as few institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident.
  • Be free from retaliation by the institution, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution.
  • Access to at least one level of appeal of a determination.
  • Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused or respondent throughout the judicial or conduct process, including during all meetings and hearings related to such process.
  • Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the college.

No Contact Order 

What is a No Contact Order?

 A “No Contact Order” (NCO) may be issued if deemed appropriate by the University or at the request of the claimant.  Often NCOs are issued by the Office Of Student Conduct, Residential Life, the Crisis Response Team, or the Dean of Students Office.  A No Contact Order will be issued to prevent a student from contacting another student as a temporary supportive measure or as the outcome of a disciplinary process. However, a No Contact Order will only be granted for students who have interpersonal conflicts raising concern that physical or psychological harm may result from further contact. The University will consider all available facts and known circumstances before issuing a No Contact Order. 

No Contact Orders prohibit all forms of communication between designated students including direct and indirect contact, written and electronic communication (social media, email, text, chat, etc.) or communication through a third party. Other actions prohibited by a no contact order include but are not limited to: stalking the other person(s), following the other person(s) and any other behaviors that would make a reasonable person feel threatened. 

No Contact Orders apply on and off campus, and are in place while all parties are students at °®¶ą´«Ă˝. No Contact Orders are University specific and police departments and other municipalities would not acknowledge or enforce this Order off campus. Violations in locations off campus need to be reported to University Police or the Office of Student Conduct.

A No Contact Order is not a court-issued Order of Protection.

If you are concerned about your personal safety and feel that an Order of Protection is needed, please contact the °®¶ą´«Ă˝ Police Department or the local police.

Common Questions Related to NCOs

  1.  What contact is covered by a no contact order?

    Restrictions from any intentional contact on or off campus with the other party is covered by a no contact order. 

    This restriction means students may not contact the other party through verbal, nonverbal, physical, electronic, or other forms of communication. Students may not communicate with the other party through means that include, but are not limited to, a mailed written letter, email, social networking sites, phone calls, text messages, and voicemails.

    In addition, this restriction of contact extends to any actions that a third party, such as a friend, family member, or acquaintance, takes on a student's behalf. For example, a student may not ask a classmate to send a text message to the other party for them. Students may also not ask their advisor of choice in a matter to directly contact the other party.

  2. What offices issue No Contact Orders?

    Residential Life, Dean of Students Office, the Office of Student Conduct, and the Crisis Response Team.

  3. Will this appear on a student's record?

    No. If other actions that cause or result in a No Contact Order are part of a conduct case, the outcomes of that case may be on a student’s record.

  4. What locations are covered by a no contact order?

    Restriction of contact covers communication with the other party and does not vary based on one's geographic location. For example, one party may not send an email to the other party even if they are not physically on campus. However, all parties are free to enter any campus building that they are otherwise entitled to use unless stated otherwise in their no contact letter.

  5. How long does the no contact restriction last?

    The duration of a temporary NCO is considered individually for each request. The purpose of the no contact order is to preserve equal access to educational programs and activities without unreasonable burden.

    The No Contact Order may be removed, modified, or maintained at the university’s discretion. Decisions to update the no contact may depend on, but are not limited to, the outcome of an investigation, if any, conduct action, additional information received by University officials, or a student(s) request to modify the no contact order.

  6. What happens if the other party attempts to contact me?

    If the other party attempts to contact a student, students should contact University Police (emergencies) or the Office Of Student Conduct (non-emergency) as follows:

    UPD     

    Campus Phone: 911    

    Cell Phone: 607-777-2393

    Email: police@binghamton.edu

    Student Conduct

     607-777-6210

     conduct@binghamton.edu  

  7. What should a student do if they see the other party?

    Both parties should refrain from intentionally making contact with one another.  If a student observes the other party in a public place they are otherwise permitted to be, then it is their responsibility to stay away from that place. We understand that following this directive may be challenging in practice.

    Should a student determine that the other party is not abiding by these restrictions in good faith or if a student believes they are unable to comply with the order while continuing to engage in our educational program(s) (e.g. academic, housing, employment, transportation), they may request a modification of the no contact order.

  8. What happens if a student violates this order?

     One's failure to comply with these directives may subject them to actions under the Code of Student Conduct and/or place their status as a student in jeopardy.

  9. Can a student ask for a review of their no contact order?

    Both the accused/respondent and the reporting individual/claimant shall, upon request and consistent with institution policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of a no contact order, including potential modification, and shall be allowed to submit evidence in support of their request.

  10. Do students need to carry a copy of the No Contact Order on them at all times?

    Students do not need to carry a physical copy of their letter, although we suggest they have access to and be able to produce the No Contact Order as needed. Students are responsible for understanding and complying with the directives of the No Contact Order.

  11. What if the other party has some of my personal belongings?

    Students are encouraged to connect with University Police to explore options.

Policies, Processes, and Procedures

What processes are available to resolve cases of sex-based harassment & discrimination?

  • Following the publication of regulatory guidance for Title IX by the Department of Education, cases related to sexual violence may be processed through one of the below procedures. 
  • Please note that a case might not meet the federal criteria for Title IX but could still be considered as a possible violation of the Code of Student Conduct and would then be processed through the Student Conduct process.
  • Just because a case is being investigated by the Office of Student Conduct does not mean that it is automatically a Student Conduct process. The Office of Student Conduct adjudicates multiple types of cases. 

What processes/procedures/policies does the University use?

Please see the policies, procedures, and processes below for key definitions and more information.

Student Code of Conduct

Title IX Grievance Policy 2020 - 2024

Title IX Grievance Policy 2024 - Present

Discrimination Complaint Procedure

Do I get to pick which process is used? 

  • No, due to the fact that there is set federal criteria regarding what meets the definition of Title IX students do not get to pick which process they wish to use for their case. 

How is it decided which process a case uses? 

  • The details of each report are reviewed by the Title IX Executive Committee to determine which process is most appropriate based on federal criteria. Some of the factors include:
      • Location of incident(s)
      • Act(s) involved in the allegation
      • Who was involved (relationship of parties to the institution) 
      • When the incident occurred

Tips for preparing for a Student Conduct hearing 

Although not required, students are strongly encouraged to prepare for a Student Conduct hearing with the assistance of an advisor of your choosing. It can be helpful to talk out ideas with someone. These tips are suggestions and not requirements. The CARE Team can NOT provide legal advice of any kind. 

If the student has questions about the hearing process it is best for that student to speak with the Office of Student Conduct. The OSC can go over the expectations of the hearing in detail and answer questions, which is often done in the pre-hearing meeting with a student. 

During the hearing students have three main opportunities to speak. They include the opening statements, questions, and closing statements. Outside of these opportunities students should not interject comments. If a student has a question related to the process they can request the chance to speak with the hearing board advisor. Based on the process, the format of these elements of the hearing might look different. 

Prior to the hearing the hearing board will receive the full packet of information provided by the complainant, respondent, witnesses (if applicable) and investigator. Many students prepare statements, notes, and/or questions before the hearing and read them during the hearing. 

Opening statement: 

The opening statement is the opportunity for acomplainant and a respondent to each address the hearing board. 

Some of the ways that students use their opening statements include: 

  • Reminding the hearing board of the key facts of the case
  • Talk about the impact of the respondent’s actions
  • Sharing information regarding why the charges are fitting for the actions of the respondent
  • Share additional information not already in the packet     
Questions you may want to answer in opening statement
  • How have the actions of the respondent impacted me?
  • What are the important aspects of my experience that I want to explain in my own words?
  • Why is the respondent being held responsible for these charges important to me?
  • Is there anything I want the respondent to hear from me about my experience? 

Questions:

This is the closest the parties get to directly communicating with each other. However, parties are not able to directly question each other. In addition to the other parties involved the students have the chance to ask witnesses (if applicable) and the investigators questions.

Questions can be helpful when addressing inconsistencies in statements, offer more information about someone's understanding of an event, and clarify comments made. 

Closing statement: 

The closing statement is the last chance for the parties to speak to the hearing board before a decision is made about responsibility. 

Some of the ways that a students use their closing statements include: 
  • Reminding the hearing board of the key facts of the case
  • If there were comments made in the hearing by the respondent you can address them during the closing statement 
Questions you may want to answer in the closing statement include:
  • When the hearing board goes into their decision making session what do I want them to remember?
  • Was there anything I wish I addressed in my opening statement?
  • Is there any additional information I think should be included?
  • How did the respondent’s behavior violate the Code of Student Conduct? 

Important don’ts: 

  • Do not use personal attacks.
  • The respondent’s past conduct record can not be discussed unless the respondent is found responsible and the hearing transitions into sanctioning.
  • Additional accusation(s) related to sexual violence not connected to the case being heard can not be shared.
  • Parties can’t be asked about past sexual experiences not related to the case being heard.
  • Advisors can’t deliver opening or closing statements on a student’s behalf.
  • Rephrasing the same question and asking it over and over again.
  • Avoid telling the hearing board what to do (i.e. “you must find the respondent responsible”)