Annual Campus Safety & Security Reports

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Annual Main Campus Crime and Fire Safety Report

Report Overview and Background

At SUNY Oneonta, the safety and well-being of our students, faculty, staff, and visitors is our highest priority. A safe and secure environment can be achieved only through the cooperation of all members of the campus community. This publication is part of our effort to ensure the safety of all through successful collaboration and preventive measures. We hope you read it carefully and use the information to help foster a safe environment for yourself and others. 

This report is filed as required by the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Statistics Act (hereafter referred to as the Campus Safety Act) and the Higher Education Opportunity Act (P.L. 110-315). This law mandates that institutions receiving Title IV federal funds disseminate crime statistics for certain serious offenses that occurred on campus and in adjacent areas for the current, and two previous calendar years. The purpose of this report is to provide our current and prospective faculty, staff and students with campus and fire safety information including crime and fire statistics, and programs and procedures to follow to report a crime or other emergency situations. 

SUNY ONEONTA – Main Campus

ANNUAL CAMPUS CRIME and FIRE SAFETY REPORT

Calendar year 2020

Prepared in 2021

Report Overview and Background

At SUNY Oneonta, the safety and well-being of our students, faculty, staff, and visitors is our highest priority. A safe and secure environment can be achieved only through the cooperation of all members of the campus community. This publication is part of our effort to ensure the safety of all through successful collaboration and preventive measures. We hope you read it carefully and use the information to help foster a safe environment for yourself and others.

This report is filed as required by the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Statistics Act (hereafter referred to as the Campus Safety Act) and the Higher Education Opportunity Act (P.L. 110-315). This law mandates that institutions receiving Title IV federal funds disseminate crime statistics for certain serious offenses that occurred on campus and in adjacent areas for the current, and two previous calendar years. The purpose of this report is to provide our current and prospective faculty, staff and students with campus and fire safety information including crime and fire statistics, and programs and procedures to follow to report a crime or other emergency situations.

The crime and referral statistics contained in this report are compiled by the Chief of Police, the Director of Community Standards, and the Office of Student Development. Independent databases are maintained by University Police and Community Standards. A numbering system is used to match cases to avoid duplicate counts of arrests and referrals. The data is reported annually to the Vice President and Associate Vice President for Student Development, who review and report the data. The report is prepared by the Office of the Vice President for Student Development and is electronically available at http://www.oneonta.edu/admin/police/default.asp  The report is distributed to new and returning students via an annual e-mail notification containing a statement of the report’s availability, a description of its contents, and a link to the report. A link to the report is also included in the online Code of Student Conduct, Undergraduate Catalogue and Graduate Catalogue. New students and their parents or guardians are informed of the report through the My Oneonta student portal and at first-year, transfer, graduate student, and parent orientation sessions. Prospective students and their parents or guardians are informed of the report via the Admissions Office website and visiting student materials. Faculty and staff members receive the report through an annual e-mail notification and via the campus e-newsletter, the Bulletin. New and prospective employees are informed of the report through the Human Resources and Employment Opportunities websites and at new employee orientations. Hard copies of this report are available to prospective employees and students along with their parents or guardians upon request by contacting the University Police Department, Alumni Hall, Oneonta, NY 13820, (607) 436-3550. Any questions regarding this report should be directed to the Vice President for Student Development in room 119, Netzer Administration Building, or telephone (607) 436-2513.

The fire safety information and statistics are compiled by the Chief of Police, Emergency Management Coordinator, and Associate Vice President for Facilities. Institutions that maintain on-campus student housing facilities must report to the Department of Education and annually publish a fire safety report on campus fire safety practices and standards.

SUNY Oneonta – Main Campus

In 2020, approximately 6,751 students are enrolled at SUNY Oneonta.  Approximately 3454 undergraduate students reside in 15 residence halls on the main campus during Spring 2020 and 621 students resided in 15 residence halls on the main campus in Fall 2020.  The change in residential population from one semester to another is due to the pandemic and our campus having to pivot to remote learning. SUNY Oneonta employs approximately 1238 employees, including approximately 495 full and part-time faculty, and 743 staff in administrative and support positions.

Security of and Access to Campus Facilities

Students, faculty, and employees have access to academic, recreational and administrative facilities on campus during regular hours of operation when classes are in session. Campus buildings are locked at night and when classes are not in session. Locked campus buildings are accessible only to faculty, staff, and students with proper identification and access cards or keys.

The public can attend cultural and recreational events on campus with their access limited only to the facilities in which these events are held. To report any violations of this policy or to a report suspicious person, dial 607-436-3550 for the University Police.

Residence Halls

All student residence hall ground floor entry and exit doors are locked 24 hours a day. Access to the residence halls is limited to students and their guests according to a guest procedure presented in the Residence Hall License (http://www.oneonta.edu/development/reslife/policies.asp). An on-campus telephone is located at the main entrance of each hall for visitors to contact students for entry.  Student staff members (night hosts) are on duty from 11:00 p.m. until early morning hours.  Night hosts sit at a desk with a telephone at the front entrance of each residence hall to check student ID’s and register guests and visitors entering the residence hall with their host/hostess.  They also report any unusual circumstances or situations in the residence hall.  Although the campus is a safe place to live, there is always the potential for crime.

Resident students are provided access to the main entrance of their residence halls via special identification cards embedded with a proximity chip read by a card reader at the door and to their rooms via keys or combination lock. Access to the residence halls by college employees is on an “as needed” basis and incorporates strict key control procedures through the physical plant.

A professional residence hall director supervises each residence hall. A resident adviser (RA) is also assigned to most floors. RAs are students who have received extensive training in all aspects of residence hall living. There is a hall director on duty for the campus every evening from 4:30 p.m. to 8:00 a.m., and each residence hall has an RA on duty from 7:00 p.m. to 7:00 a.m. the next morning.

All residence hall staff members undergo comprehensive training in residence hall safety and security policies as well as potential safety hazards and concerns.  The University Police Department, working with the Residential Community Life Office, and the Oneonta City Fire Department, conducts annual fire safety training exercises for Residence Life staff, which simulate dormitory fires to rehearse prescribed evacuation and safety procedures. Additionally, University Police and the Office of Facilities Operations conduct annual safety walks to evaluate lighting, emergency blue phone placement, and camera placement.

While many safeguards are in place for residence hall students, each student must do his or her part to ensure a safe and secure environment by adhering to the safety-related policies and procedures. Programs encourage students to share responsibility for their own security and the security of others. Resident students are frequently reminded not to be lulled into a false sense of security. Students are made aware of safety concerns and prevention tips through brochures, pamphlets, websites, e-mail, floor meetings, and hall presentations.

Code of Student Conduct

Student conduct is regulated by the Code of Student Conduct. The Code is available online and hard copies can be obtained at the Student Development Office. In compliance with an April 2004 directive from the SUNY Chancellor, all students are required to receive and positively affirm they have read and understand the Code on an annual basis. Access to registration is denied to students who have not completed the affirmation. Sanctions for violation of the Code include: Suspension, Restrictive Disciplinary Probation, General Probation, Residence Hall License Revocation, Residence Hall Transfer, Residence Hall Probation, Residence Hall Ban, a letter of reprimand, Restitution of property, Educational sanctions, Dismissal, a letter of admonishment. The results of disciplinary hearings are considered confidential except as permitted by law and FERPA exception.

SUNY Oneonta is committed to maintaining an environment in which students, faculty, staff and guests can work together free from all forms of harassment, exploitation and intimidation.  SUNY Oneonta will act as needed to discourage, prevent, correct and if necessary discipline behavior that violates this standard of conduct.  The University Police department will promptly investigate allegations of unlawful discrimination based on race, color, sex, religion, age, national origin, marital status, sexual orientation, disability, or status as a veteran.  Allegations of unlawful discrimination can first be discussed with the Counseling Center, the Office of Student conduct, the Affirmative Action Officer, or the Vice President for Student Development.

University Police Department – Jurisdiction and Authority

Campus safety and security are coordinated by the university police department, which has a force of 17 sworn police officers with full arrest powers. As an armed police department, patrol members respond to all emergencies, dispatched by six professionally trained civilian dispatchers.

SUNY Oneonta police officers must meet the highest standards in New York State for law enforcement officers.  The officers have passed a basic training program administered by the State University of New York State Police Academy in Albany, NY or a local regional police academy, and undergo continuous training to upgrade their skills.  Officers have been trained in emergency medical procedures and first aid.  They conduct foot, bike, and vehicular patrols on the campus and residence hall areas 24 hours a day, 365 days a year.

The objective of the university police is to provide a safe environment for teaching, research and social endeavors and to protect the lives and property of the students, employees and visitors of the state university college.  This objective is pursued within the framework of SUNY Oneonta rules and regulations and all local, state and federal laws.  The investigation of crimes committed on the campus fall under the jurisdiction of the University Police department. 

The SUNY Oneonta University Police Department has been accredited by the New York State Division of Criminal Justice Services Accreditation Council. Accreditation provides formal external validation that an organization meets or exceeds general expectations of quality in the field, and acknowledges the implementation of policies that are conceptually sound and operationally effective. Accreditation also allows police agencies to continually evaluate and improve their overall performance. Only 25 percent of all police departments in New York State are accredited, and only 13 other SUNY police departments hold this accreditation. In addition, individual SUNY Oneonta officers have been recognized for their outstanding courage, professionalism, and service by the SUNY Police Chiefs Association.

SUNY Oneonta University Police also work closely with the city police, sheriff’s department, and the New York State Police to assist them with incidents that may occur off campus but involve campus staff or students. In addition, the department maintains up-to-date Memoranda of Understanding (MOU) with the City of Oneonta Police, Town of Oneonta Constable, Otsego County Sheriff, Village of Cooperstown Police and Hartwick College Security. While the New York State Police will not enter into an MOU, they have assured the campus they will respond to appropriate situations and University Police maintains a strong working relationship with the local Zone Commander. Criminal activity by students and student groups off-campus is reported to college officials (police and community standards) by local policing agencies through routine information sharing practices. Students involved in off-campus situations involving alcohol/drug offenses or other criminal activities may be referred to the campus conduct program.

SUNY Oneonta is the host site for the Otsego County Law Enforcement Academy. The Academy is directed by a retired University Police officer, with many University Police officers serving as certified instructors. The Academy offers the Department of Criminal Justice Services mandated training program that every NYS police officer must successfully complete within one year of hiring date. Additional in-service training courses for certified law enforcement officers are offered throughout the year.

SUNY Oneonta monitors and records, through the City of Oneonta Police Department, any criminal activity committed by student. The Code of Student Conduct indicates that the City Police will communicate with campus administrators and university police regarding any criminal arrest in their jurisdiction involving a student.

Crime Reporting

All members of the campus community are expected to report criminal incidents, emergencies and suspicious activity promptly and with as much detail as possible. Periodic reminders appear in the campus newsletter (the Bulletin). The campus emergency number is 607-436-3550 or 911 and this should be used for all fire, medical and police emergencies. All reports are classified, logged, and responded to thoroughly.

Crimes in progress, and any other emergencies on campus can be reported directly by any student, faculty member, employee, or any community member to the university police department by dialing campus extension 607-436-3550 or 911.  The University Police can also be reached using campus blue light emergency phones or the residence hall door phones, which have a red campus police emergency button.  Upon receipt of the call, University Police officers are dispatched immediately to the site of the complaint.  They prepare and submit incident reports which are kept on file.

Members of the campus community can also report criminal incidents to the following offices:

Vice President for Student Development – 607-436-2513

Director Community Standards – 607-436-3353

Director Counseling, Health & Wellness – 607-436-3573

Director Residential Community Life – 607-436-2514

Director Athletics – 607-436-3594

Director Student Activities – 607-436-2410

Chief Diversity Officer – 607-436-2830

The offices noted above also allow victims and witnesses to report crime on a voluntary, confidential basis. Reports of this nature are filed with the university police for information purposes, but there is no formal investigation of the incident.

Faculty and staff with responsibility for student advisement and counseling (Campus Security Authority or CSA) are advised annually of their responsibility to report criminal incidents. If a victim doesn’t want the report to go any further than the CSA, the CSA is required to submit the report for statistical purposes, but it can be submitted without identifying the victim.

Campus “Pastoral Counselors” and Campus “Professional Counselors”, when acting as such, are not considered to be a campus security authority and are not required to report crimes for inclusion into the annual disclosure of crime statistics. As a matter of policy, they are encouraged, if and when they deem it appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary basis for inclusion into the annual crime statistics. (Counselors are defined as follows: Pastoral Counselor-An employee of an institution who is associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling and who is functioning within the scope of that recognition as a pastoral counselor. Professional Counselor - An employee of an institution whose official responsibilities include providing psychological counseling to members of the institution’s community and who is functioning within the scope of his or her license or certification.)

The University Police department maintains an anonymous Silent Witness website at http://www.oneonta.edu/admin/police/pages/silent_witness.asp. Any person may report criminal activity to the University Police using this site. Information provided through this site is reviewed and investigated.

For staff and students living off campus, a listing of major area emergency numbers follows:

City of Oneonta Fire Department                   911/607-433-3480

City of Oneonta Police Department               911/607-432-1113

Community 24-hour Crisis Line                     877-369-6699

New York State Police                                   607-432-3211

Otsego County Sheriff                                    607-433-1340

Rape Crisis Center                                          607-432-4855

Town of Oneonta Constable                           607-432-2971

Timely Warnings

Members of the campus community are notified of crimes on campus that may pose a threat to their safety and well-being through the issuance of timely warnings. Timely warnings are generally issued for serious or ongoing threats to enable students and employees to protect themselves and to prevent further crimes from occurring. The decision to issue a timely warning is made on a case-by-case basis by University Police in consultation with the college administration considering all available facts, including such factors as the nature of the crime, the continuing danger to the campus community, and the possible risk of compromising law enforcement efforts. Timely warnings are issued without delay, as soon as enough pertinent information is available and may include the type, date, time, and location of a crime, as well as any available information about the suspect(s) and personal safety information; however, timely warnings always withhold the names of victims and treat any identifying information about the victim as strictly confidential.

When a determination to issue a timely warning has been made, University Police immediately contacts college administrators and the Office of Communications to distribute the warning in one or more of the following ways:

  • Emergency alerts on the college website home page, University Police page, and the student portal.
  • Campus wide email
  • Fliers and posters in the residence halls and common areas in academic and administrative buildings.
  • NY ALERT
  • Alerts to local media outlets
  • Warnings in the campus newspaper and radio station
  • Campus wide voicemail

Emergency Response, Notification, and Evacuation Procedures

When a serious incident occurs that causes an immediate threat to the campus, the first responders to the scene are usually University Police, the Oneonta City Police Department, and the Oneonta Fire Department. Depending on the nature of the incident, other local or federal agencies could also be involved. University Police officers have been trained and certified in advanced police work that includes fire safety, firearms and firearms instruction, first aid and personal safety, hazardous materials, and rapid deployment.

SUNY Oneonta’s University Police website includes information about the college’s Emergency Response Plan and procedures, campus and fire safety, evacuation policies and procedures, and pandemic planning. The college conducts numerous emergency response exercises each year, including regularly scheduled drills, tabletop exercises, appropri­ate follow-through activities, and tests of the emergency notification systems on campus to assess and evaluate the emergency plans and capabilities of the college. (Please see Appendix C for evacuation procedures).

Perhaps the most critical aspect of any emergency response is communication. In the event of a major emergency, or if there is an event which poses a threat to students, employees, or others, a “Campus Alert Bulletin” will be prepared and distributed in one or more of the following ways:

  • NY ALERT
  • the College web site
  • letter to students, faculty, and staff
  • WONY FM
  • campus e-mail service
  • campus newspaper
  • local media outlets
  • campus voice mail service
  • main entrance doors to academic and residence hall buildings.
  • Social media sites
  • Siren

SUNY Oneonta uses NY-ALERT as an emergency contact system designed to send e-mail, recorded voice, and text messages to multiple addresses and phone numbers, in response to any event or situation on the campus which poses a serious safety concern, including weather related class cancellations. The system is tested annually.

Faculty, staff, and students are strongly encouraged to provide their emergency contact information, which is sent to the State Emergency Management Organization by SUNY System Administration. Students are reminded to provide/update their information regularly when they access campus web services. Employees are contacted each semester to provide/update information in NY- ALERT. Complete guidelines for initiating an emergency message can be found at: https://suny.oneonta.edu/policy-library/policies-z/urgent-message-policy

Outdoor Emergency Response System (Siren)

SUNY Oneonta uses an air horn located near the center of campus, on the roof of Milne Library, to communicate to those who may be outdoors at the time of an emergency. The College tests its outdoor emergency response system weekly; Sundays at noon. During testing, the air horn emanates one blast for a few seconds. The horn is primarily intended to be audible at outdoor locations on campus—not inside buildings.

In an actual emergency, the horn will sound continuously for three full minutes. The all clear is a one-minute single tone. If an actual emergency alert were signaled, members of the campus community would be advised to immediately seek shelter and await further instructions communicated via NY ALERT, e-mail, the College website, or University Police.

SUNY Oneonta’s policies and procedures for emergency situations can be found at

http://www.oneonta.edu/security/, and includes the following links:


Snow Emergency Plan (doc)
Board of Trustees Rules for Maintenance of Public Order
Emergency Evacuation Procedures (PDF)
Shelter-in-Place Procedures (PDF)
Electronic Surveillance Policy (PDF)
http://www.oneonta.edu/security/documents/BombThreatProcedures.pdf

Workplace Violence Policy (PDF)

http://www.oneonta.edu/security/documents/SirenAlertProcedure.pdf

http://www.oneonta.edu/security/documents/ActiveShooterGuidelines.pdf

University Police
Blue Light Emergency Phones
Personal Safety

http://suny.oneonta.edu/child-protection-policy

In 2007, SUNY Oneonta distributed crisis management folders to all employees and resident students with information for use in times of emergency.  New employees and students receive a copy each semester.  The folder contains procedures for emergency response, reporting emergencies, dealing with threats, and student emergencies. Inserts in the folder include Bomb Threat Procedures, Emergency Evacuation Procedures, Responding to Sexual Assault, Siren Alert Procedure, How to Respond When An Active Shooter Is In Your Vicinity, Workplace Violence Policy Overview, Policy on Mandatory Reporting and Prevention of Child Sexual Abuse, and Shelter-in-Place Procedures.

Crime Prevention Activities

Community Policing Model

SUNY Oneonta adheres to an active community-policing model that involves the entire campus in promoting crime prevention and safety awareness and promotes cooperation between the campus and its surrounding community. Bicycle, foot, and vehicle patrols enable officers to monitor and maintain security on campus around the clock. Firmly established guidelines and procedures allow officers to respond quickly to emergencies and events that may compromise the safety of the campus. University Police works with other area law enforcement agencies on mutual concerns and investigations.

Crime Prevention and Safety Awareness Education

Members of the campus community are urged to secure their valuables and be aware of their surroundings.  To assist in this endeavor, the University Police hold educational programs each semester on a variety of topics including personal safety awareness and security, rape awareness/sexual assertiveness training, and anti-theft programs.  Information on safety and security is provided on request to students and employees regularly via seminars, videos, crime alerts, posters, brochures, the student newspapers and at www.oneonta.edu/admin/police.

During new student and new faculty orientation, programs are presented which address sexual assault, fire safety, and other personal safety topics.  Students and faculty are also informed of many personal safety services available on campus, which include campus escort, blue light emergency phone system, mental health services, and emergency response notification and procedures. These orientation sessions typically occur twice a year

A free comprehensive self-defense course (R.A.D.) on awareness, prevention, and risk reduction is offered annually for employees and students. Instructors are SUNY Oneonta University Police officers with years of law enforcement and self-defense experience who are nationally certified R.A.D. System (Rape Aggression Defense) instructors. Other services available through the University Police department throughout the year include motorist assistance, lost and found, and assistance with class projects. All of these programs are offered upon request.

The physical plant department maintains the campus buildings and grounds with a concern for safety and security.  It inspects campus facilities regularly, promptly makes repairs affecting safety and security, and responds immediately to reports of potential safety and security hazards, such as broken windows and locks.  Concerns about the physical safety of campus buildings and rounds, should be directed to the physical plant office Monday through Friday, 7:00 a.m. to 3:30 p.m., at 607-436-2507.  For emergencies that occur during non-business hours, call the University Police Department at 607-436-3550 or 911.

In compliance with NYS education law 129A, SUNY Oneonta has a Personal Safety Committee 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. This committee meets monthly and provides an annual report to the president and chief of police.

SUNY Oneonta campus is well lighted, and further lighting improvements are regularly made.  These include placing high intensity sodium vapor lights on buildings, in parking lot areas, in areas with heavy landscaping and trees, and along pathways frequently traveled by students.  In addition to a telephone in each student’s room, there are 34 blue light emergency telephones strategically located throughout the campus, which are connected directly to the University Police.  Additional sites are being considered for more outdoor emergency telephones. These recommendations are taken on a rolling basis and improvements are made annually.

Policy on Alcohol and Drugs

The University Police enforce laws regulating underage drinking and the use of controlled substances and weapons. The illegal possession and/or use of marijuana, barbiturates, amphetamines, hallucinogenic compounds, narcotics and other controlled substances are in violation of state and federal law. SUNY Oneonta complies with the requirements of the New York State Alcohol Beverage Control Law and the New York State Penal Code, which provides that “no person under the age of 21 will possess any alcoholic beverage with the intent to consume such beverage.” The campus alcohol policy prohibits alcoholic beverages in residence halls and at student events. Higgins Hall has a very detailed policy allowing possession or consumption of alcohol by persons at least 21 years of age. (See Appendix D.) On a limited and highly selective basis, the campus policy is waived and alcoholic beverages are served at student functions in accordance with federal, state, and local laws. The Division of Student Development provides counseling and regularly offers programs and courses on drugs and alcohol. Under certain circumstances, SUNY Oneonta notifies parents of violations and makes mandatory referral to an alcohol and drug education program. The possession, sale or use of any illegal drug on campus will not be tolerated and the penalty for violation is very severe. College policy prohibits open containers of alcoholic beverages in all outside areas on the campus. Bringing alcoholic beverages to any public or private event on campus is not permitted. Members of the campus community in need of assistance with respect to a question or personal problem regarding alcohol or other drugs should contact the student health center, at (607) 436-3573.  A complete description of SUNY Oneonta’s drug and alcohol policy and abuse education programs as required under Section 120(a) through (d) of the HEA can be found in the Code of Student Conduct at http://www.oneonta.edu/development/judicial . SUNY Oneonta complies with the Drug-Free Schools and Communities Act (DFSCA). The materials we use to comply with DFSCA can be found at http://www.oneonta.edu/development/health/drugandalcoholabuse.asp .

Weapons on Campus

  1. Possession or keeping of a deadly weapon or dangerous instrument on campus (including in any vehicle), or use of any object with intent to harm another, is prohibited.  Deadly weapons or dangerous instruments include, but are not limited to, firearms, explosives, explosive devices, knives, blackjacks, chukka-sticks, sling shots, kung fu type weapons.
  2. Possession or use of fireworks, firecrackers, etc., is also prohibited.
  3. Possession of any CO-2 type firearm, spring-powered firearms, chemical aerosol spray, or pepper aerosol spray is also prohibited.

Violators of any section of this policy will be subject to possible criminal prosecution, if applicable, and appropriate disciplinary action from SUNY Oneonta.

Sexual and Interpersonal Violence

Sexual violence is a violation of college policy and federal civil rights law and may also be subject to criminal prosecution. SUNY Oneonta prohibits all forms of violence and threats of violence on campus, including sexual violence, sexual assault, domestic violence, dating violence, and stalking, whether in the academic setting or workplace. We strive to create a campus community that is wholly intolerant of sexual harassment and all forms of abuse and violence. SUNY Oneonta is committed to providing crisis intervention measures and a campus response that protects the rights of the victim and the accused; referring students to criminal authorities; and educating and promoting continual discussion of interpersonal abuse and violence issues and prevention. Offenders are subject to appropriate campus adjudication processes, disciplinary action, and criminal proceedings. Interim measures may be imposed pending the outcome of any adjudication.

Response Procedures

When an incident of sexual violence, domestic violence, dating violence, or stalking is reported, the college provides victims with available options, remedies, and services. SUNY Oneonta’s response to sexual assault may involve a number of individuals and agencies, including University Police or local law enforcement, the Title IX officer, medical and counseling services personnel, and Residential Community Life staff. On-campus cases receive a timely campus-based investigation that is confidential and thorough and protects individual rights and due process. SUNY Oneonta 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, pastoral counselors acting in their professional capacities can maintain confidentiality. Other reporting agents can treat information as privileged and private, but are required to communicate information with the Title IX Coordinators. 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 violence is prohibited conduct as specified in the SUNY Oneonta Code of Student Conduct found at www.oneonta.edu/judicial. Both the victim and the accused are afforded equitable rights during the investigative process.

Whenever a violent or sex related crime is reported to a member of the SUNY Oneonta campus community they have been trained to contact the Title IX coordinator and provide the victim with emergency resources such as medical attention, counseling services, and/or call University Police for ongoing safety concerns. The victim may decline such services. Injured victims are transported to Fox Hospital or another appropriate health-care facility. When a victim reports sexual violence, dating violence, domestic violence or stalking, they will meet with approved Title IX investigators and be provided with written notification of available options, their rights and assistance with accommodations in academic, living, transportation and working situations, as well as protective measures that can be taken on campus and within the community. This process is the same for students and employees. Victims will be advised of their option to report to an appropriate law enforcement agency, if they haven’t already, and be assisted with such a report. They may also decline to involve law enforcement and elect to use the Student Code of Conduct process or the Title IX grievance procedure. Where applicable the institution may aid the victim in gaining an order of protection and or a no contact order from the institution. These accommodations and/or protective measures are available to the victim regardless of whether they choose to report the crime to law enforcement.

With all violent felony or sex-related crimes, immediate collection of evidence is crucial. Victims are reminded of the importance of evidence preservation and are encouraged not to destroy evidence by bathing, showering, changing clothes, combing hair, drinking, eating, or doing anything to alter their physical state or appearance until after a physical exam has been completed. Officers work quickly to secure the crime scene and implement proper investigative measures, including basic interviews to ascertain the nature of the crime. If the perpetrator of a crime is at large or is unidentified, it is critical to the safety of the campus and community that the interview be conducted as soon as possible and timely warnings issued if appropriate.

Disciplinary Procedures

In cases of sexual assault, domestic violence, dating violence, or stalking the College will provide a fair, prompt, and impartial process from investigation to conclusion. Hearings officers receive annual training on issues related to dating violence, domestic violence, sexual assault, and stalking, including the hearing process and how to conduct an investigation that protects the safety of victims and promotes accountability. If the accused is a student, the standard of evidence used in an institutional disciplinary hearing will be preponderance of the evidence.

Both accusers and accused are entitled to notification of charges and hearing date, as well as the same opportunity to have an adviser of their choice present at any hearing or related meetings. Both parties will be informed simultane­ously in writing of the outcome of any institutional disciplinary proceedings that arise from an allegation of domestic violence, dating violence, sexual assault, or stalking; the college’s procedures for the accused and the accuser to appeal the results; changes that occur along the way; and the final results of any appeals. Compliance does not constitute a violation of the Family Educational Rights and Privacy Act (FERPA). These protections apply 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.

The procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking, including the steps, anticipated timelines, and decision-making process for each, are delineated in the Code of Student Conduct for students and the full Sexual Violence Response policy for employees and students.

SUNY Oneonta will periodically update the alleged victim of a crime of violence or a non-forcible sex offense on the status of the case, and will disclose to the alleged victim the results of any disciplinary hearing conducted by the college against the student who is the alleged perpetrator of the crime or offense. If the alleged victim is deceased as a result of the crime or offense, the College will provide the results of the disciplinary hearing to the victim’s next of kin, if so requested.

Students:

Student alleged incidents of 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 Office of Community Standards. Reports to the Office of Community Standards will be processed in accordance with the Code of Student Conduct. With the exception of very minor cases of stalking that could also be referred for a Residence Hall Director meeting if the student lives on campus, cases will be adjudicated through an Administrative or Standing Disciplinary Board Hearing. The hearing type is determined by the egregious nature of the case. A more serious crime will always be adjudicated by the Standing Disciplinary Board.

An incident report will be filed with the Community Standards office. An investigation will be conducted and the type of hearing will be decided upon. Students are notified in writing of the date and time of their hearing, as well as the charges. An Administrative hearing is held with one College Administrator hearing the evidence and making the decision. The Standing Disciplinary Board is comprised of 7 faculty, staff, and student representatives. The case would be presented to them and they make a determination based on a majority vote. SUNY Oneonta’s student conduct processes uses a preponderance of evidence standard for a responsible finding. If found responsible, the sanctions may include suspension or expulsion from the institution, community service, educational program, no contact order, housing revocation, housing transfer, or probation.

Interim measures may be taken by the Vice President for Student Development and/or her/his designee may impose a temporary disciplinary suspension or other restrictions (housing revocation, no contact order or persona non grata status) 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 emotion safety and well-being; or if the student poses a definite threat of disruption or interference with the normal operations of the College.

Student Bill of Rights

Student’s Bill of Rights

The State University of New York and SUNY Oneonta 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:

  • Receive resources, such as counseling and medical attention;
  • Confidentiality or anonymously disclose a crime or violation (for detailed information on confidentiality and privacy visit
  • www.oneonta.edu/knowviolence/Reporting.asp )
  • Make a report to:
    • o An employee with the authority to address complaints, including the Title IX Coordinator, a Student Conduct employee, or a
    • Human Resources employee;
    • o University Police;
    • o Local law enforcement; and/or
    • o Family Court or Civil Court.

The complete Code of Student Conduct, including the Sexual and Interpersonal Violence policy can be found here: http://www.oneonta.edu/communitystandards/code-of-student-conduct.asp

Employees

The full Sexual Violence Response policy for employees and students can be found here: http://www.oneonta.edu/knowviolence/SVPolicy.asp

Harassment & Sexual Harassment policy: https://www.suny.edu/sunypp/documents.cfm?doc_id=451

Workplace Violence Policy: http://www.oneonta.edu/security/documents/WorkplaceViolence%20Policy.pdf

The Domestic Violence in the Workplace Policy and Procedures: https://www.oneonta.edu/admin/humres/HR/HR_images/DomVio%20Policy.pdf

Excerpt – 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.”

Several support options in order to mitigate reoccurrences of domestic violence in an effort to protect all employees including the victim: Advising co-workers, supervisors, and , upon request, the employee’s bargaining representative, of the situation; setting up procedures for alerting University Police, temporary relocation of the victim to a secure area; options for voluntary transfer or permanent relocation to a new work site; change of work schedule; escort for entry to and exit from the building; responding to telephone, fax, email or mail harassment; keeping a photograph of the abuser and/or a copy of any existing court orders of protection in a confidential, on-site location and providing copies to University Police; the College will address any additional concerns raised by a situation in which both the victim and offender are

employed by the College. Employees may also opt to report prohibited behaviors to the Title IX Coordinator.

Privacy

SUNY Oneonta will protect the privacy of all parties to a complaint or other report of sexual violence, dating violence, domestic violence, or stalking to the extent possible. The College will complete publicly available record keeping in accordance with federal and state law, without the inclusion of personally identifying information about the victim. When the College receives complaints of violence an obligation exists to respond in a way that limits the effects of the violence and prevents its recurrence. Information will be shared as necessary in the course of an investigation with people who need to know, such as investigators, witnesses, the reporting individual, and the respondent. If you are the reporting individual and are unsure of someone’s duties and ability to maintain your privacy, ask them before you talk to them. Staff members at certain resources are obligated by law to maintain confidentiality, including the Counseling Center staff on-campus and the local rape crisis center off-campus. Contact information for both of those facilities and further information on options for confidentiality and privacy can be found here: http://www.oneonta.edu/knowviolence/Reporting.asp .

Prevention and awareness programs

The college continually works to develop and hone curricular and co-curricular educational programs on personal safety precautions and prevention, crime reporting, medical and counseling services, availability of legal services, the college discipline system, and sexual assault prevention. University Police, the Health Center, the Counseling Center, and the Office of Equity and Inclusion, Residence Life and New Student Services all conduct ongoing educational campaigns for students, faculty, and staff to promote safety and awareness and aid in the prevention of sexual violence, dating violence, domestic violence, and stalking. Students and employees learn about these programs during first-year, transfer, and graduate orientations each semester; via SUNY Oneonta presentation online education component, Campus Clarity; through ongoing extracurricular educational programming during the semester; and through presentations to students in the residence halls each semester. Programs are designed to promote positive behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention tactics, and positively influence behavior and social norms.

Primary prevention and awareness programs for all incoming students and employees include:

  • a clear statement of the prohibition of sexual assault, rape, dating violence, domestic violence, and stalking at SUNY Oneonta;
  • definitions of sexual assault, rape, dating violence, domestic violence, and stalking in the applicable jurisdiction (see Definitions section below for full list);
  • a definition of consent, with reference to sexual offenses, in the applicable jurisdiction (see Definitions section below for full list);
  • information on safe and positive bystander intervention that an individual may take to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual;
  • information on risk reduction, how to recognize warning signs of abusive behavior, and how to avoid potential attacks;
  • information on institutional disciplinary procedures, sanctions, and protective measures in cases of VAWA crimes;
  • procedures that victims of VAWA crimes should follow, including
    • — the importance of preserving evidence of such crimes;
    • — how and to whom the alleged offenses should be reported;
    • — rights and options regarding law enforcement and campus authorities, including the victim’s options to notify proper law enforcement authorities, assistance from campus authorities with such notification, and the victim’s right to decline to notify;
    • — victims’ rights and the college’s responsibilities for orders of protection as well as options for and available assistance with changing academic, living, transportation, and working situations, regardless of whether the victim reports the crime to campus police or law enforcement;
    • — available services, including counseling, health, mental health, victim advocacy, and legal assistance.
  • ongoing prevention and awareness campaigns for current students, faculty, and staff on all of the above.

Beginning in fall 2015, student leaders and officers of recognized student organizations and those seeking recognition began to complete training on domestic violence, dating violence, sexual assault, and stalking prevention as part of the approval process. Student-athletes also began to complete training in domestic violence, dating violence, sexual assault, or stalking prior to participating in intercollegiate athletics.

Specific prevention and awareness programs include:

Take Back the Night

SUNY Oneonta participates in Sexual Assault Awareness Month each April with a series of campus wide events to educate the campus community about ways to prevent violence, especially sexual assault and other VAWA crimes. Violence Prevention Week features a variety of activities for students, faculty, staff, and the larger community, culminating in Take Back the Night, the international event designed to raise awareness and promote the prevention of sexual violence in all forms.

Campus Clarity online program

The “Think About It” program and supplemental programs are used at SUNY Oneonta to educate all incoming students prior to orientation, about the assumptions and stereotypes associated with sexual violence, dating violence, domestic violence, stalking, and harassment. It also helps students understand the meaning of consent, how to help a friend, and how to intervene in a situation that might escalate to a sexual assault. Students who do not complete the program are prohibited from registering for classes.

Health 101

This is an outreach newsletter program to deliver periodic messages and content to students about sexual and interpersonal violence prevention, as well as other health related issues.

kNOw Violence

This is a committee that is charged with sustaining ongoing educational programs and campaigns regarding sexual and interpersonal violence. They conduct several programs per year and usually undertake one large scale campaign per year.

Green Dot training

Bystander intervention training was offered to student leaders, residence life staff, and to all student within residence halls who elected to participate. These trainings are offered on an ongoing basis.

Employee online education programs

All employees are required annually to complete four online education courses; preventing sexual misconduct, preventing discrimination and harassment, preventing workplace violence, and reporting child sexual abuse.

Definitions

New York State Law 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.

  1. 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.
  2. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
  3. Consent may be initially given but withdrawn at any time.
  4. 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.
  5. Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm.
  6. When consent is withdrawn or can no longer be given, sexual activity must stop.

Underage persons cannot legally consent to sexual activity. The age of consent in NYS is 17.

Crime Definitions – New York State

Dating Violence: New York State does not specifically define “dating violence.” However, under New York Law, intimate relationships are covered by the definition of domestic violence when the act constitutes a crime listed elsewhere in this document and is committed by a person in an “intimate relationship” which the victim. See “Family or Household Member” for definition of intimate relationship.

Domestic Violence: An act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction or breaching or blood circulation, or strangulation; and such acts have created a substantial risk of physical or emotional harm to a person or a person’s child. Such acts are alleged to have been committed by a family member. The victim can be anyone over the age of 16, any married person or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of the act.

Family or Household Member: Person’s related by consanguinity or affinity; Persons legally married to one another; Person formerly married to one another regardless of whether they still reside in the same household; Persons who have a child in common regardless of whether such

persons are married or have lived together at any time; Unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household; Persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an “intimate relationship” include, but are not limited to: the nature or type of relationship regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”; Any other category of individuals deemed to be a victim of domestic violence as defined by the office of children and family services in regulation. Intimate relationship status shall be applied to teens, lesbian/gay/bisexual/transgender, and elderly individuals, current and formerly married and/or dating heterosexual individuals who were, or are in an intimate relationship.

Parent: Natural or adoptive parent or any individual lawfully charged with a minor child’s care or custody.

Sexual Assault: New York State does not specifically define sexual assault. However, according to the Federal Regulations, sexual assault includes offenses that meet the definitions of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program.

Sex Offenses; Lack of Consent: Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without consent of the victim.

Sexual Misconduct: When a person (1) engages in sexual intercourse with another person without such person’s consent; or (2) engages in oral sexual conduct or anal sexual conduct without such person’s consent; or (3) engages in sexual conduct with an animal or a dead human body.

Rape in the Third Degree: When a person (1) engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) Being 21 years old or more, engages in sexual intercourse with another person less than 17 years old; or (3) engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.

Rape in the Second Degree: When a person (1) being 18 years old or more, engages in sexual intercourse with another person less than 15 years old; or (2) engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It is an affirmative defense to the crime of rape in the second degree the defendant was less than four years older than the victim at the time of the act.

Rape in the First Degree: When a person engages in sexual intercourse with another person (1) by forcible compulsion; or (2) Who is incapable of consent by reason of being physically helpless; or (3) who is less than 11 years old; or (4) who is less than 13 years old and the actor is 18 years old or more.

Criminal Sexual Act in the Third Degree: When a person engages in oral or anal sexual conduct (1) with a person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) being 21 years old or more, with a person less than 17 years old; (3) with another person without such persons consent where such lack of consent is by reason of some factor other than incapacity to consent.

Criminal Sexual Act in the Second Degree: When a person engages in oral or anal sexual conduct with another person (1) and is 18 years or more and the other person is less than 15 years old; or (2) who is incapable of consent by reason of being mentally disabled or mentally

incapacitated. It is an affirmative defense that the defendant was less than four years older than the victim at the time of the act.

Criminal Sexual Act in the First Degree: When a person engages in oral or anal sexual conduct with another person (1) by forcible compulsion; (2) who is incapable of consent by reason of being physically helpless; (3) who is less than 11 years old; or (4) who is less than 13

years old and the actor is 18 years old or more.

Forcible Touching: When a person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. It includes squeezing, grabbing, or pinching.

Persistent Sexual Abuse: When a person commits a crime of forcible touching, or second or third degree sexual abuse within the previous ten-year period, has been convicted two or more times, in separate criminal transactions for which a sentence was imposed on separate occasions of one of one of the above mentioned crimes or any offense defined in this article, of which the commission or attempted commissions thereof is a felony.

Sexual Abuse in the Third Degree: When a person subjects another person to sexual contact without the latter’s consent. For any prosecution under this section, it is an affirmative defense that (1) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than 17 years old; and (2) such other person was more than 14 years old and (3) the defendant was less than five years older than such other person.

Sexual Abuse in the Second Degree: When a person subjects another person to sexual contact and when such other person is (1) incapable of consent by reason of some factor other than being less than 17 years old; or (2) less than 14 years old.

Sexual Abuse in the First Degree: When a person subjects another person to sexual contact (1) by forcible compulsion; (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old; or (4) when the other person is less than 13 years old.

Aggravated Sexual Abuse in the Fourth Degree: When a person inserts a (1) foreign object in the vagina, urethra, penis or rectum of another person and the other person is incapable of consent by reason of some factor other than being less than 17 years old; or (2) finger in the

vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than 17 years old.

Aggravated Sexual Abuse in the Third Degree: When a person inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person (1)(a) by forcible compulsion; (b) when the other person is incapable of consent by reason of being physically helpless; or (c) when

the other person is less than 11 years old; or (2) causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.

Aggravated Sexual Abuse in the Second Degree: When a person inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person by (1) forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old.

Aggravated Sexual Abuse in the First Degree: When a person subjects another person to sexual contact: (1) By forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than eleven years old; or (4) when the other person is less than thirteen years old and the actor is twenty-one years old or older.

Course of Sexual Conduct Against a Child in the Second Degree: When over a period of time, not less than three months, a person: (1) Engages in two or more acts of sexual conduct with a child less than 11 years old; or (2) being 18 years old or more engages in two or more acts of sexual conduct with a child less than 13 years old. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charges offense occurred outside of the time period charged under this section.

Course of Sexual Conduct Against a Child in the First Degree: When a person over a period of time, not less than three months in duration, a person: (1) Engages in two or more acts of sexual conduct, or aggravated sexual contact with a child less than 11 years old; or (2) being 18 years old or more engages in two or more acts of sexual conduct which includes at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact with a child less than 13 years old.

Facilitating a Sex Offense with a Controlled Substance: A person is guilty of facilitating a sex offense with a controlled substance when he or she: (1) knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person’s consent and with intent to commit against such person conduct constituting a felony defined in this article; and (2) commits or attempts to commit such conduct constituting a felony defined in this article.

Incest in the Third Degree: A person is guilty of incest in the third degree when he or she marries or engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person whom he or she knows to be related to him or her, whether through marriage or not,

as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.

Incest in the Second Degree: A person is guilty of incest in the second degree when he or she commits the crime of rape in the second degree, or criminal sexual act in the second degree, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.

Incest in the First Degree: A person is guilty of incest in the first degree when he or she commits the crime of rape in the first degree, or criminal sexual act in the first degree, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or half blood, uncle, aunt, nephew or niece.

Stalking in the Fourth Degree: When a person intentionally, and for not legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct (1) is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person’s immediate family or a third party with whom such person is acquainted; or (2) causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or (3) is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct.

Stalking in the Third Degree: When a person (1) Commits the crime of stalking in the fourth degree against any person in three or more separate transactions, for which the actor has not been previously convicted; or (2) commits the crime of stalking in the fourth degree against any person, and has previously been convicted, within the preceding ten years of a specified predicate crime and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) with an intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person’s immediate family; or (4) commits the crime or stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree.

Stalking in the Second Degree: When a person: (1) Commits the crime of stalking in the third degree and in the course of and furtherance of the commission of such offense: (a) displays, or possesses and threatens the use of, a firearm, pistol, revolver, rifle, sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, sligshot, slungshot, shirken, “Kung Fu Star,” dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous instrument, deadly instrument or deadly weapons; or (b) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or (2) commits the crime of stalking in the third against any person, and has previously been convicted, within the preceding five years, of a specified predicate crime, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) commits the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree; or (4) being 21 years of age or older, repeatedly follows a person under the age of fourteen or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death; or (5) commits the crime of stalking in the third degree, against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted.

Stalking in the First Degree: When a person commits the crime of stalking in the third degree or stalking in the second degree and, in the course and furtherance thereof, he or she intentionally or recklessly causes physical injury to the victim of such crime.

Alcohol and/or 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 Oneonta 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 Oneonta strongly encourages student 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 that discloses any incident of domestic violence, dating violence, stalking or sexual assault to College officials or law enforcement will not be subject to SUNY Oneonta’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.

Sex Offender Registry Information

When the New York State Division of Criminal Justice Services (DCJS) notifies campus officials of the presence of a registered sex offender on campus, University Police will alert the campus community using the “timely warning” methods for criminal activity, in general or in a limited manner, as appropriate. This may include web notices, doorway signs, campus media, and e-mail messages. Warnings will indicate that a level 2 or level 3 sex offender is enrolled or employed at the college and will indicate that further information can be obtained at the DCJS website: www.criminaljustice.ny.gov.Information listed on the website may include name, address, physical description, crime of conviction, modus operandi, type of victim targeted, and special conditions imposed on parole.

Missing Student Notification

If a member of the University community has reason to believe that a student who resides in on-campus housing is missing, he or she should immediately notify University Police at 607-436-3550. University Police will generate a missing person report and initiate an investigation.

In addition to registering a general emergency contact, students residing in on-campus housing have the option to identify confidentially an individual to be contacted by University Police in the event the student is determined to be missing for more than 24 hours. If a student has identified such an individual, University Police will notify that individual no later than 24 hours after the student is determined to be missing. A student who wishes to identify a confidential contact can do so through the office of Residential and Community Life in conjunction with room selection or roommate preference data collection processes. This confidential contact information will not be disclosed except to law enforcement personnel in furtherance of a missing person investigation.

There is no waiting period for University Police to begin an investigation into a missing student report, but the college must notify the local law enforcement agency within 24 hours of making a determination that a student is missing. In addition, the college must notify within 24 hours the custodial parent(s) or guardian(s) of missing students under the age of 18 who are not emancipated.

Daily Log

The University Police also maintain a daily log of crimes and incidents that occur on campus that is available for the public to view. The information is recorded by date, time and general location, and disposition of the complaint.  This daily log is available at the University Police department, Alumni Hall, or can be viewed at http://www.oneonta.edu/admin/police/pages/daily_reports.asp.  Please note that entries or updates are generally made within two business days after the event occurs.  Incidents or situations deemed to pose a threat to the campus community are logged as soon as possible. Sixty days’ worth of activity is posted; more can be made available upon request.

While most events are logged, the office of the Chief of University Police, may determine that an incident be classified as “confidential” in order not to jeopardize a criminal investigation or the identity of a victim.

Campus Crime Statistics

In accordance with recent updates to the “Campus Safety Act,” data are presented at the end of this report to review crime activity both on campus and on streets adjacent to campus property.  This information can also be found at http://ope.ed.gov/campussafety.  A map, which defines these areas, appears at the end of this report.  Reported on-campus offenses include all offenses reported on campus property and in campus buildings.  A specific breakdown of offenses occurring in university owned residence halls appears under “on-campus student housing facilities.”

Two other categories are presented in this chart: “non-campus buildings or property” and “public property.”  The first category, non-campus buildings or property, includes properties owned by student organizations officially recognized by the institution and those owned by the university outside the campus boundaries that appear on the map at the end of this report.  The offenses presented in this report include offenses reported by the Oneonta City Police Department and the Cooperstown Police Department. Properties include our main campus in Oneonta, the East Street guest house and the West Street guest house in Oneonta owned by SUNY Oneonta, the College Camp on Upper East Street, and a Maple Street residence owned by a campus recognized fraternity. SUNY Oneonta provides a separate report for incidents that occur at the Cooperstown Campus, which is comprised of the Cooperstown Graduate Program, the Biological Field Station and the Thayer Property in Cooperstown, NY. The second category, public property, includes thoroughfares, streets, sidewalks and parking facilities immediately adjacent and accessible to the campus.

The section on campus crime statistics also includes arrests and disciplinary referrals made to campus authorities for alcohol, drugs and weapons possession. As defined by the campus safety act, a disciplinary referral is an instance when a student is formally reported in writing to a university official for possible sanction.

As required by the Campus Safety Act, SUNY Oneonta is required to report hate crimes in this report.  For this reporting, a hate crime occurs when a person is victimized intentionally because of his or her actual or perceived race, gender, religion, sexual orientation, ethnicity or disability.

The crimes presented are based on reports filed with the following offices: Chief of University Police, Vice President for Student Development, Associate Vice President for Student Development, Director of Community Standards, Student Health Center, Office of Residential Community Life, Counseling Center, Director of Student Activities, Student Diversity and Advocacy, and Director of Athletics.  Formal requests for crime statistics for areas defined as “public property” and “non-campus buildings and property” were made with the Oneonta Police Department, the Town of Oneonta Police Department, and the Otsego County Sheriff’s Department and State Police. Reports to CSAs that were transmitted to University Police are also included in this report.

Unfounded Crimes

A reported crime can only be unfounded if the report is investigated and found to be false or baseless, meaning that the crime did not occur and was never attempted. A crime is not considered unfounded if someone is found not guilty, not arrested, or not charged. Unfounding is an extreme and rare measure to be used when, using a reasonable investigative standard, sworn law enforcement believe that the reported crime did not happen. Only sworn/commissioned law enforcement can “unfound” a crime. This does not include a district attorney.

Crime Definitions

Unless otherwise noted:

  • The definitions for murder, robbery, aggravated assault, burglary, motor vehicle theft, weapon law violations, drug abuse violations, and liquor law violations are excerpted from the Federal Bureau of Investigations Uniform Crime Reporting Handbook (UCR) (PDF).
  • The definitions for forcible and non-forcible sex offenses are excerpted from the FBI’s National Incident-Based Reporting System (NIBRS) edition of the Uniform Crime Reporting Program.The law defines both the behavior and physical nature of a sex offense and the lack of consent involved.In New York State, the age of consent is 17.These definitions include instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including from the influence of drugs or alcohol) or because of age.Physical resistance is not required on the part of the victim to demonstrate lack of consent.
  • The definitions for hate crime data collection are taken from the FBI’s Uniform Crime Reporting Hate Crime Data Collection Guidelines and Training Guide for Hate Crime Data Collection (PDF).Offenses include any incidents of larceny-theft, simple assault, intimidation, or destruction/damage/vandalism of property that were motivated by bias.
  • The definitions for dating violence, domestic violence, and stalking are taken from Section 485(f) of the Higher Education Amendment, as amended by Section 304 of the Violence Against Women Reauthorization Act of 2013.

Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.

Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

Bias: A preformed negative opinion or attitude toward a group of persons based on their race, religion, national origin, disability, sexual orientation, ethnicity, gender, or gender identity.

Bias Crime: A committed criminal offense that is motivated, in whole or in part, by the offender’s bias(es) against a race, religion, national origin, disability, sexual orientation, ethnicity, gender, or gender identity; also known as Hate Crime.

Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes, this definition includes unlawful entry with intent to commit a larceny or felony, breaking and entering with intent to commit a larceny, housebreaking, safecracking, and all attempts to commit any of the aforementioned.

Criminal Homicide, Murder and Non-Negligent Manslaughter: The willful (non-negligent) killing of one human being by another.

Criminal Homicide, Negligent Manslaughter: The killing of another person through gross negligence. Gross negligence is the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another.

Dating Violence: Violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship.(ii) The type of relationship.(iii) The frequency of interaction between the persons involved in the relationship.

Disability Bias: A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age, or illness.

Domestic Violence: The term includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the applicable jurisdiction, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Drug Abuse Violations: The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.

Fondling (forcible): The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

Hate Crime: Bias Crime.

Hate Group: An organization whose primary purpose is to promote animosity, hostility, and malice against persons of or with a race, religion, national origin, disability, sexual orientation, ethnicity, gender, or gender identity that differs from that of the members or the organization, e.g., the Ku Klux Klan, American Nazi Party.

Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Liquor Law Violations: The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness. This includes the manufacture, sale, transporting, furnishing, possessing, etc., of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; underage posses­sion; using a vehicle for illegal transportation of liquor; drinking on train or public conveyance; attempts to commit any of the above.

Motor Vehicle Theft: The theft or attempted theft of a motor vehicle.

Rape, Except Statutory Rape (forcible): Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Sex Offense: Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.

Sexual Assault with an Object (forcible): To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

Sodomy (forcible): Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to— (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.

Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Weapon Law Violations: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature. This includes the manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, manufacturing, etc., of silencers; furnishing deadly weapons to minors; aliens possessing deadly weapons; attempts to commit any of the above.

CRIME STATISTICS

Crime statistics for 2020 follow and can also be found at: http://ope.ed.gov/campussafety

2020 Statistics

SUNY Oneonta Main Campus 2020 Clery Statistics

Offense On-Campus Non-Campus Public Property On-Campus Residence Halls
Criminal Homicide Offenses        
Murder/Non-Negligent Manslaughter 0 0 0 0
Negligent Manslaughter 0 0 0 0
Sex Offenses        
Rape 0 0 0 0
Fondling 0 0 0 0
Incest 0 0 0 0
Statutory Rape 0 0 0 0
Other UCR Offenses        
Robbery 0 0 0 0
Aggravated Assault 0 0 0 0
Arson 0 0 0 0
Burglary 0 0 0 6
Motor Vehicle Theft 0 0 0 0
Liquor, Drug & Weapons Offenses        
Liquor Law Arrests 0 0 0 0
Liquor Law Disciplinary Referrals 57 0 0 53
Drug Law Arrests 2 0 0 0
Drug Law Disciplinary Referrals 95 0 0 84
Weapon Law Arrests 0 0 0 0
Weapon Law Disciplinary Referrals 1 0 0 1
Vawa Offesnses        
Stalking 0 0 0 0
Domestic Violence 3 0 0 3
Dating Violence 2 0 0 2
Unfounded Offenses        
Unfounded 0 0 0 0
Hate/Bias Offenses        
  1 0 0 0

There was 1 reported crime during this period that manifested evidence of prejudice based on perceived race, religion, sexual orientation, gender, gender identity, disability, national origin, or ethnicity. There was 1 reported instance of intimidation based on perceived gender that occurred on campus property.

2019 Statistics

SUNY Oneonta Main campus 2019 Clery Statistics

Offense On-Campus Non-Campus Public Property On-Campus Residence Halls
Criminal Homicide Offenses        
Murder/Non-Negligent Manslaughter 0 0 0 0
Negligent Manslaughter 0 0 0 0
Sex Offenses        
Rape 6 0 0 6
Fondling 3 0 0 1
Incest 0 0 0 0
Statutory Rape 0 0 0 0
Other UCR Offenses        
Robbery 0 0 0 0
Aggravated Assault 1 0 0 0
Arson 0 0 0 0
Burglary 6 0 0 6
Motor Vehicle Theft 0 0 0 0
Liquor, Drug & Weapons Offenses        
Liquor Law Arrests 0 0 0 0
Liquor Law Disciplinary Referrals 227 0 0 225
Drug Law Arrests 16 0 0 12
Drug Law Disciplinary Referrals 216 0 0 196
Weapon Law Arrests 0 0 0 0
Weapon Law Disciplinary Referrals 2 0 0 1
Vawa Offesnses        
Stalking 1 0 0 1
Domestic Violence 1 0 0 1
Dating Violence 0 0 0 0
Unfounded Offenses        
Unfounded 0 0 0 0
Hate/Bias Offenses        
  0 0 0 0

There were no reported crimes during this period that manifested evidence of prejudice based on perceived race, religion, sexual orientation, gender, gender identity, disability, national origin, or ethnicity.

2018 Statistics

SUNY Oneonta Main Campus 2018 Clery Statistics

Offense On-Campus Non-Campus Public Property On-Campus Residence Halls
Criminal Homicide Offenses        
Murder/Non-Negligent Manslaughter 0 0 0 0
Negligent Manslaughter 0 0 0 0
Sex Offenses        
Rape 1 0 0 1
Fondling 1 0 0 1
Incest 0 0 0 0
Statutory Rape 0 0 0 0
Other UCR Offenses        
Robbery 0 0 0 0
Aggravated Assault 0 0 0 0
Arson 0 0 0 0
Burglary 11 0 0 9
Motor Vehicle Theft 2 0 0 0
Liquor, Drug & Weapons Offenses        
Liquor Law Arrests 0 0 0 0
Liquor Law Disciplinary Referrals 172 0 1 166
Drug Law Arrests 23 0 4 15
Drug Law Disciplinary Referrals 156 0 3 138
Weapon Law Arrests 1 0 0 1
Weapon Law Disciplinary Referrals 1 0 0 1
Vawa Offesnses        
Stalking 4 0 0 3
Domestic Violence 0 0 0 0
Dating Violence 6 0 0 4
Unfounded Offenses        
Unfounded 0 0 0 0
Hate/Bias Offenses        
  2 0 0 2

There were 2 reported crimes during this period that manifested evidence of prejudice based on perceived race, religion, sexual orientation, gender, gender identity, disability, national origin, or ethnicity.

There were 2 reported instances of destruction/damage/vandalism based on perceived religion and perceived sexual orientation that occurred on campus property in a residence hall.

FIRE SAFETY

Background

The fire safety portion of this report is prepared in accordance with changes to the Higher Education Opportunity Act (P.L. 110-315) in 2008.  Institutions that maintain on-campus student housing facilities must report to the Department of Education and annually publish a fire safety report on campus fire safety practices and standards, including:

  • For each on-campus student housing facility, the :
  • Number of Fires and cause of each fire
  • Number of injuries related to a fire that result in treatment at a medical facility
  • Number of deaths related to a fire
  • Value of property damage caused by a fire
  • A description of each on-campus student housing facility fire safety system, including the fire sprinkler system
  • The number of regular mandatory supervised fire drills
  • Policies or rules on portable electrical appliances, smoking and open flames (such as candles)
  • Procedures for evacuation
  • Policies regarding fire safety education and training programs provided to students, faculty and staff
  • Plans for future improvements in fire safety, if determined necessary by the institution

Fire Incidents:

All fire incidents are reported to the University Police Department, with further notification to Residential Community Life, Facilities and Safety and other staff as appropriate.

Institution: Main Campus (196185001)

User ID: C1961851

Fires - Summary

Summary of Fires
 

2018

2019

2020

Name of Facility Fires Injuries Deaths Fires Injuries Deaths Fires Injuries Deaths
Blodgett Hall 0 0 0 0 0 0 0 0 0
Curtis Hall 0 0 0 0 0 0 0 0 0
Morris Hall 0 0 0 0 0 0 0 0 0
Ford Hall 0 0 0 0 0 0 0 0 0
Golding Hall 0 0 0 0 0 0 0 0 0
Grant Hall 0 0 0 0 0 0 0 0 0
Hays Hall 1 0 0 0 0 0 0 0 0
Higgins Hall 0 0 0 0 0 0 0 0 0
Hulbert Hall 1 0 0 0 0 0 0 0 0
Huntington Hall 0 0 0 0 0 0 0 0 0
Littell Hall 1 0 0 0 0 0 0 0 0
Macduff Hall 0 0 0 0 0 0 0 0 0
Matteson Hall 0 0 0 0 0 0 0 0 0
Sherman Hall 0 0 0 0 0 0 0 0 0
Tobey Hall 0 0 0 0 0 0 0 0 0
Wilber Hall 0 0 0 0 0 0 0 0 0
Total 3 0 0 0 0 0 0 0 0

Appendix A contains the Campus Fire Report form used to notify the Office of Fire Prevention and Control of all fires.

Fire Safety Systems and Planned Improvements

Following is a description of each on-campus student housing facility’s fire safety system with planned improvements, including the fire sprinkler system:

Residence Hall Fire Alarm Sprinkler
     
Higgins Hall Fully addressable Fully sprinklered
Hulbert Hall Fully addressable Trash rooms only sprinklered
Tobey Hall Fully addressable Fully sprinklered
Wilber Hall Fully addressable Fully sprinklered
Golding Hall Fully addressable Fully sprinklered
Littell Hall Fully addressable Fully sprinklered
Ford Hall Fully addressable None
Hays Hall Fully addressable None
Sherman Hall Fully addressable None
Huntington Hall Fully addressable Fully sprinklered
Grant Hall Fully addressable None
Blodgett Hall Fully addressable One trash room sprinklered.
Curtis Hall Fully addressable One trash room sprinklered.
Matteson Hall Fully addressable One trash room sprinklered.
Macduff Hall Fully addressable One trash room sprinklered.

Fire Drills

Consistent with New York Education Law Section 807 - Fire Drills, SUNY Oneonta conducts fire drills in residential buildings as follows:

Drills are held at least four (4) times in each year, one (1) of which is held between September first and December first of each year.  At least one (1) drill is held each year during the hours after sunset and before sunrise.  Fire escapes are not present. In buildings where summer sessions are conducted, one drill is held during the first week of such summer session. 

Policies

Policies and procedures on portable electrical appliances, smoking, open flames (such as candles) and other fire related issues can be found in Appendix B: Policies from the current Residence License on Fire Safety.

Evacuation Procedures

Evacuation is required any time a fire alarm sounds, an evacuation announcement is made, or a university official orders the evacuation of a building.  When an evacuation occurs, departments should put their evacuation plan into effect and all persons should report to the designated Evacuation Assembly Area.  After the building has been evacuated, the building cannot be re-entered until University Police gives permission. The complete Emergency Evacuation Procedures and designated Evacuation Sites can be found in Appendix C of this report.

Fire Safety Education and Training

SUNY Oneonta’s Emergency Management Coordinator provides annual training for all clerical, custodial, trades, management, food service and professional staff on fire safety, including, but not limited to: fire inspection procedures, common violations, alarm protocols, exit protocols and use of fire extinguishers. Food service personnel are trained in the use of kitchen suppression systems. The campus also conducts quarterly “Functional Exercises”, which may include fire events, and one full-scale drill per year.

SUNY Oneonta’s Emergency Management Coordinator provides annual training for all Residence Life staff, including Residence Hall Directors, professional staff, and student Resident Assistants.  New York State Office of Fire Prevention and Control (OFPC) training materials are used as much as possible. Training includes, but is not limited to: fire inspections, common violations, alarm protocols, evacuation protocols and use of fire extinguishers.

Resident student training is conducted by Residence Life staff upon arrival of the students in the fall and spring. Evacuation protocols, fire inspections, common violations and how to use the fire alarm pull stations are topics which are covered. Housing license agreements contain fire safety provisions and students are required to comply.

Incidents involving false alarm “pranks”, unauthorized cooking in rooms and any activity that triggers an alarm condition are dealt with very seriously.  Unauthorized items discovered in routine health and safety room inspections (conducted regularly by Residence Hall Directors and during every break period by Residence Life/Facilities/Custodial teams) are confiscated and turned into the residence hall director and returned to the student at the end of the semester. These violations generally do not lead to formal disciplinary procedures.

The campus is active in training off-campus sororities and fraternities, generally utilizing OFPC training materials.  The campus views off-campus apartments as a responsibility of the jurisdiction having authority (AHJ), generally the City of Oneonta. The City recently amended its special use requirements for fraternity and sorority houses to include bi-monthly fire inspections, although SUNY Oneonta has indicated it cannot be part of such inspections. Information about apartments listed with the Residential Community Life office are required to have Certificates of Occupancy on file.

The campus has regular inspections by a number of state agencies, including the Office of Fire Prevention and Control, the Department of Labor, the Department of Environmental Conservation, the Department of Health and the Department of Social Services. The campus also sponsored an EPA audit of all facilities in conjunction with a SUNY-wide program.

Appendix A

Campus Fire Report

Appendix B

Policies from the current Residence License on Fire Safety

G. STANDARD REGULATIONS

3. The following are prohibited in and around college property:

c. Weapons: possession or keeping of a deadly instrument on campus (including in any vehicle) or use of any object with intent to harm another, is prohibited. This

includes, but is not limited to, firearms, explosives, explosive devices, knives, blackjacks, chukka-sticks, sling shots, kung fu type weapons, fireworks, firecrackers,

CO-2 type firearms, spring-powered firearms, chemical aerosol spray. Violators will be subject to criminal prosecution and\or disciplinary action from the college. The

use of pepper aerosol spray for anything other than self-defense purposes is prohibited.

f. Candles, incense, any open flame devices, or fuel of any type, live trees, smoke bombs.

g. All space heaters, halogen lamps, any non-UL approved lamps, etc. are prohibited

h. Extension cords/multi-taps without a circuit breaker. Surge protectors with overcurrent protection and a visible reset are permitted, yet cannot be connected to another

surge protector to add length to an outlet. Surge protectors may not have any movable parts.

i. Large wall hangings of any type (tapestries, flags, banners, etc.) are prohibited, unless certified flame retardant.

j. No wall or door may have more than 20% of its total surface area covered by any combination of decorations.

k. Decorative string lights (holiday lights, rope lights, pre-lit holiday trees, etc.) are permitted. Lights must be plugged directly into a wall outlet or surge protector, and

cannot be plugged into another string of lights.

6. The student needs to furnish: study lamps, certified fire retardant curtains, rugs, pillows, blankets, bedspread and other bed linens. Any curtains students wish to bring must

be fire retardant. Students must produce a certificate of compliance to their Residence Hall Director before curtains can be used in the residence hall. Fines imposed on

the college for fire safety violations will be passed on to the responsible student(s).

7. The student must recognize the college’s concern with energy consumption. Electrical devices brought to campus should be limited and must operate properly.

With the exception of Higgins Hall kitchens, residence hall rooms are not designed for the preparation of meals with other than the use of the approved appliances

(G.7.b.); they are not properly ventilated nor do they have proper disposal facilities; they do not meet Board of Health regulations or State of New York fire codes for such

use.

a. In Higgins Hall: cooking appliances are permitted. Full size refrigerators are provided in the kitchen area of each apartment. Any refrigerator not provided by the

college must be limited in size to counter-top height. Sunlamps, air conditioners, and electric blankets are not permitted.

b. In all other Residence Halls: PROHIBITED: all cooking appliances, sunlamps, air conditioners, water coolers with built-in heating elements, and electric blankets.

PERMITTED: refrigerators (limited in size to counter-top height), automatic shut-off coffee/tea makers, and microwaves.

10. No student can put paneling on room walls. Lofts may be constructed after receiving proper permission and guidelines from the Associate Director of Residence Life.

11. Precautions must be taken for fire/life safety. Fines imposed on the college for fire safety violations will be passed on to all students occupying a bedroom/unit:

 a. No student shall, intentionally or due to negligence, be the cause of a fire or fire alarm activation.

 b. Smoking is not permitted in any residence hall. Smoking is not permitted within 20 feet of any residence hall.

 c. Use of electronic cigarettes (e-cigs) or vaporizers (“vaping”) is not permitted in any residence hall. Use of electronic cigarettes (e-cigs) or vaporizers (“vaping”) is not  permitted within 20 feet of any residence hall.

 d. A student found tampering with fire equipment and/or pulling false alarms is subject to disciplinary action by the college and legal prosecution.

 e. Fire drills are compulsory. Everyone must vacate the building during fire drills and alarms. Failure to do so will result in disciplinary action.

Appendix C

Emergency Evacuation Procedures

Terms and Definitions:

Evacuation Assembly Area (EAA)- an outside location at least 50 feet from the building, away from roads and walkways used by emergency vehicles.

Evacuation Site (ES)- a building in close proximity to the evacuated building that will provide protection from the weather or other elements in the case of a prolonged evacuation.  The on-site incident commander, usually a University Police officer will determine if personnel should move from the Evacuation Assembly Area to the Evacuation Site. An Evacuation Site list is attached to this document.

Procedures:

Evacuation is required any time the fire alarm sounds, an evacuation announcement is made, or a university official orders you to evacuate a building to the Evacuation Assembly Area (EAA).  When an evacuation occurs, departments should put their evacuation plan into effect.  After the building has been evacuated, the building cannot be re-entered until University Police gives permission. The silencing of alarms is not the sole indicator that it is safe to re-enter.

Lecturers and Lab Supervisors should notify each class at the beginning of the semester of the designated evacuation plan. The department’s plan should indicate a meeting place outside the building EEA as well as the designated ES.  It is imperative that students know to stay together as a class while at the EAA or the ES. Everyone must be accounted for, and their names should be written down, or checked off an attendance roster. You cannot release students from the EAA or ES until University Police have given permission to do so.

General Evacuation Procedures for Academic and Administrative Buildings

  • Quickly shutdown any hazardous operations or processes and render them safe.
  • Notify others in the area of the alarm if they did not hear it while you are evacuating yourself.
  • Exit the room.
  • Take jackets or other clothing needed for protection from the weather.
  • If possible close windows and doors as you leave, but do not lock the doors.
  • If you are away from the class/lab room when the alarm sounds, you should exit the building immediately and not return to the room. You should meet the class at the EEA.
  • Exit the building, walk to the nearest safe exit route (do not run).  Do not use elevators.
  • Move away from the building, report to the class/ labs designated EAA and meet with other persons from the class or lab.  Wait at EAA for directions.
  • Account for faculty, staff and students and write down their names while at the EAA.  Report any missing or trapped people to the emergency responders.  Keep existing groups together.
  • Review with everyone the location of the Evacuation Site, should this have been an instance where you would have been required to go there.
  • Do not reenter the building until University Police gives the "all clear" signal. 

General Evacuation Procedures for Residential Buildings

Residence Hall Directors shall:

  • Head toward the cage instructing others to move as calmly and as safely as possible.
  • Instruct people not to use the elevators.
  • Instruct Residence Hall Advisors to meet at the cage and then move to an assigned exit.
  • Meet University Police near the front of the building, get instructions, and move to the EAA and get a report from the RA’s.

Residence Hall Advisors shall:

  • Follow the guidelines in the Residence Hall Handbook as to where to meet.
  • Move toward the cage, instructing others to move as calmly and as safely as possible to the nearest exit, notifying people as you go.
  • Instruct people not to use the elevators. Notify others in the area of the alarm if they did not hear it while you are evacuating yourself.
  • Go to your assigned door.
  • Assemble the residents in the EAA.
  • Review with everyone the location of the Evacuation Site, should this have been an instance where you would have been required to go there.

Evacuation of Persons with Disabilities

Assisting Visually Impaired Persons

  • Announce the type of emergency.
  • Offer your arm for guidance.
  • Tell the person where you are going, and any obstacles you encounter.
  • When you reach safety, ask if further help is needed.

Assisting People with Hearing Limitations

  • Turn lights on/off to gain the person’s attention, or indicate directions with gestures, or write a note with evacuation directions.

Assisting People Using Crutches, Canes, or Walkers

  • Evacuate these individuals as injured persons.
  • Assist and accompany to evacuation site if possible, or use a sturdy chair (or one with wheels) move the person to an enclosed stairwell, notify emergency crew of their location.

If you are unable to leave the building due to a physical disability:

  • Go to the nearest stairwell.
  • Use a telephone to call University Police 3550, or use other means to advise them of your location. 
  • If possible, signal out the window to on-site emergency responders.
  • One person may remain with you if they wish to assist you.

The following buildings will be the designated Evacuation Sites (ES) when a prolonged building evacuation occurs as determined by University Police or the Incident Commander.  The Emergency Communication Coordinator (designee) or Residence Hall Director (designee) will be present.  Occupants will be sent to the emergency assembly spaces

Designated Evacuation Sites
Building with Emergency Evacuation Site
R.F. Netzer Chase Gymnasium
Alumni Hall Hulbert Dining
Bacon Hall Alumni Hall Little Theater
Cooperstown Campus: Biological Field Station and Museum Studies Graduate Program Front Parking Lot
Blodgett Hall Wilsbach Dining
Bugbee Hall Big Parking Lot
Bus Garage MOC-Garage
Curtis Hall Wilsbach Dining Hall
Denison Hall Alumni Hall Little Theater
East Street Guest House  
Fine Arts Center IRC Lobby
Fitzelle Hall IRC Lobby
Alumni Field House Chase Gymnasium
Ford Hall Mills Dining
Golding Hall Lee Hall Top Floor
Grounds Building MOC – Garage
Grant Hall Mills Dining
Hays Hall Mills Dining
Health Center Hulbert Dining
Heating Plant Chase Gymnasium
Higgins Hall Hulbert Dining
IRC Fine Arts Theater
Hulbert Hall Alumni Hall Little Theater
Human Ecology Chase Gymnasium
Huntington Hall Mills Dining
Hunt Union Visitor’s Parking Area by entrance to Field
Lee Hall Morris Hall-Craven Lounge
Littell Hall Lee Hall – Top Floor
Macduff Hall Wilsbach Dining
Matteson Hall Wilsbach Dining
Mills Hall Wilsbach Dining
Milne Library Chase Gymnasium
Morris Hall Alumni Hall Little Theater
Chase Gymnasium Alumni Field House Gym
Schumacher Hall IRC Lobby
Science Building #1 Chase Gymnasium
Physical Science Building Chase Gymnasium
Service Building Grounds Building
Sherman Hall Mills Dining
Tobey Hall Lee Hall Top Floor
Wilber Hall Lee Hall Top Floor
Wilsbach Hall Mills Dining
College Camp Parking Area in front of Care Taker’s Home

Appendix D

Higgins Hall Alcohol Policy

This policy only applies to students who reside in Higgins Hall.

As an educational institution, the College recognizes that the use of alcohol is a matter of individual choice and does not therefore encourage or discourage the reasonable legal use of alcoholic beverages. SUNY Oneonta strives to empower students to make positive choices that reflect attitudes and behaviors that result in healthy lifestyles and contribute to a positive campus learning environment.

The conditions of study and sleep in residence halls are vital to the College’s educational purposes as a residential college and integral to student academic performance. The use of alcohol and other drugs in a residence hall community not only impacts student users but may also have a significant negative impact on other students in the residence hall community.

  1. The possession or consumption of alcohol by persons less than 21 years of age is prohibited. Underage students who reside with students of legal drinking age may be in the presence of alcohol in their assigned residence hall room/apartment, provided these underage roommates do not possess or consume alcohol.
  2. Alcohol may be possessed and consumed by students and/or guests over 21 years of age only within student apartments/rooms if (at least one of) the residents responsible for the room are at least 21 years of age.
    1. No alcoholic beverages shall be permitted in a room or apartment where all assigned student residents are under the age of 21, even if a student 21 years of age or older is present.
    2. Guests or visitors (regardless of age) are prohibited from bringing alcohol for consumption or distribution into any apartment/room.
  3. Students of legal drinking age must ensure that the amount of alcohol present in the room is reasonable for consumption by the individual resident over a reasonable period of time. In keeping with this, students of legal age may possess one of the following at any one time:
    1. Up to one 12-pack of 12 ounce bottles/cans of beer (or equivalent) OR
    2. 750ml of wine OR
    3. 750ml of hard liquor
  4. A person may not provide alcohol to anyone under the age of 21. A person is guilty of unlawfully dealing with a child (260.20 a class A misdemeanor) when: “he gives or sells or causes to be given or sold, any alcoholic beverage, as defined by section three of the alcoholic beverage control law, to a person less than 21 years old…”
  5. Individuals who host events or activities where alcohol is present are responsible for abiding by the tenets of the NYS Social Host Law, including but not limited to:
    1. Host(s) will serve only persons of legal age;
    2. Host(s) will be held responsible for injuries and/or damage that occur even after an individual who was served has left the venue;
    3. Host(s) of events where alcohol is served in exchange for money, donation or a door charge to enter, are required to obtain a license and approval from the local municipality. (This act is prohibited by the College.)
  6. Students consuming alcohol are under a continuous obligation to follow the Code of Student Conduct. Behavior by an intoxicated person such that he or she becomes a public nuisance and/or is disruptive to the living community is prohibited. Intoxication is not an acceptable excuse for behavior that violates the Code of Student Conduct.
  7. The following are strictly prohibited anywhere in Higgins Hall:
    1. Possession of open containers used for alcoholic beverages is not permitted for any student, guest, or visitor in public areas of Higgins Hall such as corridors, lounges, bathrooms, elevators, lobbies, offices, stairwells, doorways and the grounds surrounding Higgins Hall. Thus, movement between apartments with alcoholic beverages is prohibited.
    2. The possession of kegs, mini kegs, boxed wine, spiked punch, Jell-O shots and/or any alcohol infused foods are prohibited.
    3. Bars, beer pong tables, drinking contests/games, funnels and all other mechanisms or tools used to promote consumption of large quantities, or rapid consumption, of alcohol are prohibited.
    4. Any alcohol paraphernalia is prohibited. This includes, but is not limited to, flasks, can/bottle displays, and/or taps of any kind.
    5. Displaying any alcohol beverage containers, signs, lights or other alcohol/prohibited substance related materials in any window or doors facing public areas is prohibited.
  8. No Higgins Hall activity will be sponsored or approved where alcohol is served or consumed.
  9. Compliance with all requests by University officials, including Residential Life staff or University Police, for proof of age is required. The College reserves the right to ascertain the age of anyone in an area where alcohol is present. If proof of age cannot be established, the alcohol will be confiscated and disposed of.
  10. Students and/or guests who are belligerent or uncooperative with Residence Life staff, University Police, emergency medical personnel, or any other College official will be subject to College disciplinary action and/or arrest.
  11. Any alcohol possessed in violation of any provision of this policy may be confiscated and disposed of by Residence Life staff or University Police.
  12. Violations of this policy will be dealt with through the College Judicial System or the legal system as appropriate.
  13. The number of people allowed in one apartment at a time is limited to double the number of residents of that apartment. (ie: If there are 6 residents of an apartment, the limit is 12 persons total)

MAIN CAMPUS MAP

MAIN CAMPUS MAP

COLLEGE CAMP MAP

COLLEGE CAMP MAP

BIOLOGICAL FIELD STATION AND COOPERSTOWN GRADUATE PROGRAM FACILITIES MAP

BIOLOGICAL FIELD STATION AND COOPERSTOWN GRADUATE PROGRAM FACILITIES MAP

Download the 2020 Annual Main Campus Crime and Fire Safety Report

Annual Cooperstown Campus Safety Report

Report Overview and Background

At SUNY Oneonta, the safety and well-being of our students, faculty, staff, and visitors is our highest priority. A safe and secure environment can be achieved only through the cooperation of all members of the campus community. This publication is part of our effort to ensure the safety of all through successful collaboration and preventive measures. We hope you read it carefully and use the information to help foster a safe environment for yourself and others. 

This report is filed as required by the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Statistics Act (hereafter referred to as the Campus Safety Act) and the Higher Education Opportunity Act (P.L. 110-315). This law mandates that institutions receiving Title IV federal funds disseminate crime statistics for certain serious offenses that occurred on campus and in adjacent areas for the current, and two previous calendar years. The purpose of this report is to provide our current and prospective faculty, staff and students with campus and fire safety information including crime and fire statistics, and programs and procedures to follow to report a crime or other emergency situations. 

SUNY ONEONTA – Cooperstown Campus

ANNUAL CAMPUS SAFETY REPORT

Calendar year 2020

Prepared in 2021

Report Overview and Background

At SUNY Oneonta, the safety and well-being of our students, faculty, staff, and visitors is our highest priority. A safe and secure environment can be achieved only through the cooperation of all members of the campus community. This publication is part of our effort to ensure the safety of all through successful collaboration and preventive measures. We hope you read it carefully and use the information to help foster a safe environment for yourself and others.

This report is filed as required by the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Statistics Act (hereafter referred to as the Campus Safety Act) and the Higher Education Opportunity Act (P.L. 110-315). This law mandates that institutions receiving Title IV federal funds disseminate crime statistics for certain serious offenses that occurred on campus and in adjacent areas for the current, and two previous calendar years. The purpose of this report is to provide our current and prospective faculty, staff and students with campus and fire safety information including crime and fire statistics, and programs and procedures to follow to report a crime or other emergency situations.

The crime and referral statistics contained in this report are compiled by the Chief of Police, the Director of Community Standards, and the Office of Student Development. Independent databases are maintained by University Police and Community Standards. A numbering system is used to match cases to avoid duplicate counts of arrests and referrals. The data is reported annually to the Vice President and Associate Vice President for Student Development, who review and report the data. The report is prepared by the Office of the Vice President for Student Development and is electronically available at http://www.oneonta.edu/admin/police/default.asp  The report is distributed to new and returning students via an annual e-mail notification containing a statement of the report’s availability, a description of its contents, and a link to the report. A link to the report is also included in the online Code of Student Conduct, Undergraduate Catalogue and Graduate Catalogue. New students and their parents or guardians are informed of the report through the My Oneonta student portal and at first-year, transfer, graduate student, and parent orientation sessions. Prospective students and their parents or guardians are informed of the report via the Admissions Office website and visiting student materials. Faculty and staff members receive the report through an annual e-mail notification and via the campus e-newsletter, the Bulletin. New and prospective employees are informed of the report through the Human Resources and Employment Opportunities websites and at new employee orientations. Hard copies of this report are available to prospective employees and students along with their parents or guardians upon request by contacting the University Police Department, Alumni Hall, Oneonta, NY 13820, (607) 436-3550. Any questions regarding this report should be directed to the Vice President for Student Development in room 119, Netzer Administration Building, or telephone (607) 436-2513.

The fire safety information and statistics are compiled by the Chief of Police, Emergency Management Coordinator, and Associate Vice President for Facilities. Institutions that maintain on-campus student housing facilities must report to the Department of Education and annually publish a fire safety report on campus fire safety practices and standards.

SUNY Oneonta – Cooperstown Campus

In 2020, the Cooperstown Graduate Program enrolled 46 students. There are no residence halls at this location and, while students are eligible to reside at the main campus, none currently do. The Cooperstown Campus employs 10 full time faculty/staff and 24 part time faculty/staff, for a total of 34 faculty and support staff.

Security of and Access to Campus Facilities

Students, faculty, and employees have access to academic and administrative facilities on campus during regular hours of operation. The public can attend events on campus, that are open to the public, with their access limited only to the facilities in which these events are held. To report any violations of this policy or to a report suspicious person, dial 607-436-3550 for the University Police. The Cooperstown Campus should also report suspicious or criminal activity to the Otsego County Sheriff, 607-547-4270 or 911. A Memorandum of Understanding is in effect with the Otsego County Sheriff.

Code of Student Conduct

Student conduct is regulated by the Code of Student Conduct. The Code is available on line and hard copies can be obtained at the Student Development Office. In compliance with an April 2004 directive from the SUNY Chancellor, all students are required to receive and positively affirm they have read and understand the Code on an annual basis. Access to registration is denied to students who have not completed the affirmation. Sanctions for violation of the Code include: Suspension, Restrictive Disciplinary Probation, General Probation, Residence Hall License Revocation, Residence Hall Transfer, Residence Hall Probation, Residence Hall Ban, a letter of reprimand, Restitution of property, Educational sanctions, Dismissal, a letter of admonishment. The results of disciplinary hearings are considered confidential except as permitted by law and FERPA exception.

SUNY Oneonta is committed to maintaining an environment in which students, faculty, staff and guests can work together free from all forms of harassment, exploitation and intimidation.  SUNY Oneonta will act as needed to discourage, prevent, correct and if necessary discipline behavior that violates this standard of conduct.  The University Police department will promptly investigate allegations of unlawful discrimination based on race, color, sex, religion, age, national origin, marital status, sexual orientation, disability, or status as a veteran.  Allegations of unlawful discrimination can first be discussed with the Counseling Center, the Office of Student conduct, the Affirmative Action Officer, or the Vice President for Student Development.

University Police Department – Jurisdiction and Authority

Campus safety and security are coordinated by the university police department, which has a force of 17 sworn police officers with full arrest powers. As an armed police department, patrol members respond to all emergencies, dispatched by six professionally trained civilian dispatchers.

SUNY Oneonta police officers must meet the highest standards in New York State for law enforcement officers.  The officers have passed a basic training program administered by the State University of New York State Police Academy in Albany, NY or a local regional police academy, and undergo continuous training to upgrade their skills.  Officers have been trained in emergency medical procedures and first aid.  They conduct foot and vehicular patrols on the campus areas 24 hours a day, 365 days a year.

The objective of the university police is to provide a safe environment for teaching, research and social endeavors and to protect the lives and property of the students, employees and visitors of the state university college.  This objective is pursued within the framework of SUNY Oneonta rules and regulations and all local, state and federal laws.  The investigation of crimes committed on the campus fall under the jurisdiction of the University Police department. 

The SUNY Oneonta University Police Department has been accredited by the New York State Division of Criminal Justice Services Accreditation Council. Accreditation provides formal external validation that an organization meets or exceeds general expectations of quality in the field, and acknowledges the implementation of policies that are conceptually sound and operationally effective. Accreditation also allows police agencies to continually evaluate and improve their overall performance. Only 25 percent of all police departments in New York State are accredited, and only 13 other SUNY police departments hold this accreditation. In addition, individual SUNY Oneonta officers have been recognized for their outstanding courage, professionalism, and service by the SUNY Police Chiefs Association.

SUNY Oneonta University Police also work closely with the city police, sheriff’s department, and the New York State Police to assist them with incidents that may occur off campus but involve campus staff or students. In addition, the department maintains up-to-date Memoranda of Understanding (MOU) with the City of Oneonta Police, Town of Oneonta Constable, Otsego County Sheriff, Village of Cooperstown Police and Hartwick College Security. While the New York State Police will not enter into an MOU, they have assured the campus they will respond to appropriate situations and University Police maintains a strong working relationship with the local Zone Commander. Criminal activity by students and student groups off-campus is reported to college officials (police and community standards) by local policing agencies through routine information sharing practices. Students involved in off-campus situations involving alcohol/drug offenses or other criminal activities may be referred to the campus conduct program.

SUNY Oneonta is the host site for the Otsego County Law Enforcement Academy. The Academy is directed by a retired University Police officer, with many University Police officers serving as certified instructors. The Academy offers the Department of Criminal Justice Services mandated training program that every NYS police officer must successfully complete within one year of hiring date. Additional in-service training courses for certified law enforcement officers are offered throughout the year.

SUNY Oneonta monitors and records, through the City of Oneonta Police Department, any criminal activity committed by student. The Code of Student Conduct indicates that the City Police will communicate with campus administrators and university police regarding any criminal arrest in their jurisdiction involving a student. Particular attention is paid to our non-campus property at 56 Maple Street, Oneonta, NY; which is owned and controlled by Phi Kappa Psi, a recognized Greek organization.

Crime Reporting

All members of the campus community are expected to report criminal incidents, emergencies and suspicious activity promptly and with as much detail as possible. Periodic reminders appear in the campus newsletter (the Bulletin). The campus emergency number is 607-436-3550 or 911 and this should be used for all fire, medical and police emergencies. All reports are classified, logged, and responded to thoroughly.

Crimes in progress, and any other emergencies on campus can be reported directly by any student, faculty member, employee, or any community member to the university police department by dialing campus extension 607-436-3550 or 911.  The University Police can also be reached using campus blue light emergency phones or the residence hall door phones, which have a red campus police emergency button.  Upon receipt of the call, University Police officers are dispatched immediately to the site of the complaint.  They prepare and submit incident reports which are kept on file.

Members of the campus community can also report criminal incidents to the following offices:

Vice President for Student Development – 607-436-2513

Director Community Standards – 607-436-3353

Director Counseling and Student Health Services – 607-436-3573

Director Residential Community Life – 607-436-2514

Director Athletics – 607-436-3594

Director Student Activities – 607-436-2410

Chief Diversity Officer – 607-436-2830

The offices noted above also allow victims and witnesses to report crime on a voluntary, confidential basis. Reports of this nature are filed with the university police for information purposes, but there is no formal investigation of the incident.

Faculty and staff with responsibility for student advisement and counseling (Campus Security Authority or CSA) are advised annually of their responsibility to report criminal incidents. If a victim doesn’t want the report to go any further than the CSA, the CSA is required to submit the report for statistical purposes, but it can be submitted without identifying the victim.

Campus “Pastoral Counselors” and Campus “Professional Counselors”, when acting as such, are not considered to be a campus security authority and are not required to report crimes for inclusion into the annual disclosure of crime statistics. As a matter of policy, they are encouraged, if and when they deem it appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary basis for inclusion into the annual crime statistics. (Counselors are defined as follows: Pastoral Counselor-An employee of an institution who is associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling and who is functioning within the scope of that recognition as a pastoral counselor. Professional Counselor - An employee of an institution whose official responsibilities include providing psychological counseling to members of the institution’s community and who is functioning within the scope of his or her license or certification.)

The University Police department maintains an anonymous Silent Witness website at http://www.oneonta.edu/admin/police/pages/silent_witness.asp. Any person may report criminal activity to the University Police using this site. Information provided through this site is reviewed and investigated.

For staff and students living off campus, a listing of major area emergency numbers follows:

Cooperstown Village Police                           607-547-2500

Cooperstown Fire Department                       911/607-547-2761

City of Oneonta Fire Department                   911/607-433-3480

City of Oneonta Police Department               911/607-432-1113

Community 24-hour Crisis Line                     877-369-6699

New York State Police                                   607-432-3211

Otsego County Sheriff                                    607-433-1340

Rape Crisis Center                                          607-432-4855

Town of Oneonta Constable                           607-432-2971

Timely Warnings

Members of the campus community are notified of crimes on campus that may pose a threat to their safety and well-being through the issuance of timely warnings. Timely warnings are generally issued for serious or ongoing threats to enable students and employees to protect themselves and to prevent further crimes from occurring. The decision to issue a timely warning is made on a case-by-case basis by University Police in consultation with the college administration considering all available facts, including such factors as the nature of the crime, the continuing danger to the campus community, and the possible risk of compromising law enforcement efforts. Timely warnings are issued without delay, as soon as enough pertinent information is available and may include the type, date, time, and location of a crime, as well as any available information about the suspect(s) and personal safety information; however, timely warnings always withhold the names of victims and treat any identifying information about the victim as strictly confidential.

When a determination to issue a timely warning has been made, University Police immediately contacts college administrators and the Office of Communications to distribute the warning in one or more of the following ways:

·      Emergency alerts on the college website home page, University Police page, and the student portal.

·      Campus wide email

·      Fliers and posters in the residence halls and common areas in academic and administrative buildings.

·      NY ALERT

·      Alerts to local media outlets

·      Warnings in the campus newspaper and radio station

·      Campus wide voicemail

Emergency Response, Notification, and Evacuation Procedures

When a serious incident occurs that causes an immediate threat to the campus, the first responders to the scene are usually University Police, the Oneonta City Police Department, and the Oneonta Fire Department. Depending on the nature of the incident, other local or federal agencies could also be involved. University Police officers have been trained and certified in advanced police work that includes fire safety, firearms and firearms instruction, first aid and personal safety, hazardous materials, and rapid deployment.

SUNY Oneonta’s University Police website includes information about the college’s Emergency Response Plan and procedures, campus and fire safety, evacuation policies and procedures, and pandemic planning. The college conducts numerous emergency response exercises each year, including regularly scheduled drills, tabletop exercises, appropri­ate follow-through activities, and tests of the emergency notification systems on campus to assess and evaluate the emergency plans and capabilities of the college. (Please see Appendix C for evacuation procedures).

Perhaps the most critical aspect of any emergency response is communication. In the event of a major emergency, or if there is an event which poses a threat to students, employees, or others, a “Campus Alert Bulletin” will be prepared and distributed in one or more of the following ways:

*          NY ALERT

*          the College web site

*          letter to students, faculty, and staff

*          WONY FM

*          campus e-mail service

*          campus newspaper

*          local media outlets

*          campus voice mail service

*          main entrance doors to academic and residence hall buildings.

*          Social media sites

SUNY Oneonta uses NY-ALERT as an emergency contact system designed to send e-mail, recorded voice, and text messages to multiple addresses and phone numbers, in response to any event or situation on the campus which poses a serious safety concern, including weather related class cancellations. The system is tested annually.

Faculty, staff, and students are strongly encouraged to provide their emergency contact information, which is sent to the State Emergency Management Organization by SUNY System Administration. Students are reminded to provide/update their information regularly when they access campus web services. Employees are contacted each semester to provide/update information in NY- ALERT. Complete guidelines for initiating an emergency message can be found at: https://suny.oneonta.edu/policy-library/policies-z/urgent-message-policy

SUNY Oneonta’s policies and procedures for emergency situations can be found at

http://www.oneonta.edu/security/, and includes the following links:


Snow Emergency Plan (doc)
Board of Trustees Rules for Maintenance of Public Order
Emergency Evacuation Procedures (PDF)
Shelter-in-Place Procedures (PDF)
Electronic Surveillance Policy (PDF)
http://www.oneonta.edu/security/documents/BombThreatProcedures.pdf

Workplace Violence Policy (PDF)

http://www.oneonta.edu/security/documents/SirenAlertProcedure.pdf

http://www.oneonta.edu/security/documents/ActiveShooterGuidelines.pdf

University Police
Blue Light Emergency Phones
Personal Safety

http://suny.oneonta.edu/child-protection-policy

 

SUNY Oneonta distributed crisis management booklets to all employees and resident students with information for use in times of emergency.  New employees and students receive a copy each semester.  The booklet contains procedures for emergency response, reporting emergencies, dealing with threats, and student emergencies. Inserts in the folder include Bomb Threat Procedures, Emergency Evacuation Procedures, Responding to Sexual Assault, Siren Alert Procedure, How to Respond When An Active Shooter Is In Your Vicinity, Workplace Violence Policy Overview, Policy on Mandatory Reporting and Prevention of Child Sexual Abuse, and Shelter-in-Place Procedures.

Crime Prevention Activities

Community Policing Model

SUNY Oneonta adheres to an active community-policing model that involves the entire campus in promoting crime prevention and safety awareness and promotes cooperation between the campus and its surrounding community. Bicycle, foot, and vehicle patrols enable officers to monitor and maintain security on campus around the clock. Firmly established guidelines and procedures allow officers to respond quickly to emergencies and events that may compromise the safety of the campus. University Police works with other area law enforcement agencies on mutual concerns and investigations.

Crime Prevention and Safety Awareness Education

Members of the campus community are urged to secure their valuables and be aware of their surroundings.  To assist in this endeavor, the University Police hold educational programs each semester on a variety of topics including personal safety awareness and security, rape awareness/sexual assertiveness training, and anti-theft programs.  Information on safety and security is provided on request to students and employees regularly via seminars, videos, crime alerts, posters, brochures, the student newspapers and at www.oneonta.edu/admin/police.

During new student and new faculty orientation, programs are presented which address sexual assault, fire safety, and other personal safety topics.  Students and faculty are also informed of many personal safety services available on campus, which include campus escort, blue light emergency phone system, mental health services, and emergency response notification and procedures. These orientation sessions typically occur twice a year

A free comprehensive self-defense course (R.A.D.) on awareness, prevention, and risk reduction is offered annually for employees and students. Instructors are SUNY Oneonta University Police officers with years of law enforcement and self-defense experience who are nationally certified R.A.D. System (Rape Aggression Defense) instructors. Other services available through the University Police department throughout the year include motorist assistance, lost and found, and assistance with class projects. All of these programs are offered upon request.

The physical plant department maintains the campus buildings and grounds with a concern for safety and security.  It inspects campus facilities regularly, promptly makes repairs affecting safety and security, and responds immediately to reports of potential safety and security hazards, such as broken windows and locks.  Concerns about the physical safety of campus buildings and rounds, should be directed to the physical plant office Monday through Friday, 7:00 a.m. to 3:30 p.m., at 607-436-2507.  For emergencies that occur during non-business hours, call the University Police Department at 607-436-3550 or 911.

In compliance with NYS education law 129A, SUNY Oneonta has a Personal Safety Committee 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. This committee meets monthly and provides an annual report to the president and chief of police.

SUNY Oneonta campus is well lighted, and further lighting improvements are regularly made.  These include placing high intensity sodium vapor lights on buildings, in parking lot areas, in areas with heavy landscaping and trees, and along pathways frequently traveled by students.  Additional sites are being considered for more outdoor emergency telephones. These recommendations are taken on a rolling bases and improvements are made annually.

Policy on Alcohol and Drugs

The University Police enforce laws regulating underage drinking and the use of controlled substances and weapons. The illegal possession and/or use of marijuana, barbiturates, amphetamines, hallucinogenic compounds, narcotics and other controlled substances are in violation of state and federal law. SUNY Oneonta complies with the requirements of the New York State Alcohol Beverage Control Law and the New York State Penal Code, which provides that “no person under the age of 21 will possess any alcoholic beverage with the intent to consume such beverage.” The campus alcohol policy prohibits alcoholic beverages in residence halls and at student events. Higgins Hall has a very detailed policy allowing possession or consumption of alcohol by persons at least 21 years of age. (See Appendix D.) On a limited and highly selective basis, the campus policy is waived and alcoholic beverages are served at student functions in accordance with federal, state, and local laws. The Division of Student Development provides counseling and regularly offers programs and courses on drugs and alcohol. Under certain circumstances, SUNY Oneonta notifies parents of violations and makes mandatory referral to an alcohol and drug education program. The possession, sale or use of any illegal drug on campus will not be tolerated and the penalty for violation is very severe. College policy prohibits open containers of alcoholic beverages in all outside areas on the campus. Bringing alcoholic beverages to any public or private event on campus is not permitted. Members of the campus community in need of assistance with respect to a question or personal problem regarding alcohol or other drugs should contact the student health center, at (607) 436-3573.  A complete description of SUNY Oneonta’s drug and alcohol policy and abuse education programs as required under Section 120(a) through (d) of the HEA can be found in the Code of Student Conduct at http://www.oneonta.edu/development/judicial . SUNY Oneonta complies with the Drug-Free Schools and Communities Act (DFSCA). The materials we use to comply with DFSCA can be found at http://www.oneonta.edu/development/health/drugandalcoholabuse.asp .

Weapons on Campus

1.         Possession or keeping of a deadly weapon or dangerous instrument on campus (including in any vehicle), or use of any object with intent to harm another, is prohibited.  Deadly weapons or dangerous instruments include, but are not limited to, firearms, explosives, explosive devices, knives, blackjacks, chukka-sticks, sling shots, kung fu type weapons.

2.         Possession or use of fireworks, firecrackers, etc., is also prohibited.

3.         Possession of any CO-2 type firearm, spring-powered firearms, chemical aerosol spray, or pepper aerosol spray is also prohibited.

Violators of any section of this policy will be subject to possible criminal prosecution, if applicable, and appropriate disciplinary action from SUNY Oneonta.

Sexual and Interpersonal Violence

Sexual violence is a violation of college policy and federal civil rights law and may also be subject to criminal prosecution. SUNY Oneonta prohibits all forms of violence and threats of violence on campus, including sexual violence, sexual assault, domestic violence, dating violence, and stalking, whether in the academic setting or workplace. We strive to create a campus community that is wholly intolerant of sexual harassment and all forms of abuse and violence. SUNY Oneonta is committed to providing crisis intervention measures and a campus response that protects the rights of the victim and the accused; referring students to criminal authorities; and educating and promoting continual discussion of interpersonal abuse and violence issues and prevention. Offenders are subject to appropriate campus adjudication processes, disciplinary action, and criminal proceedings. Interim measures may be imposed pending the outcome of any adjudication.

Response Procedures

When an incident of sexual violence, domestic violence, dating violence, or stalking is reported, the college provides victims with available options, remedies, and services. SUNY Oneonta’s response to sexual assault may involve a number of individuals and agencies, including University Police or local law enforcement, the Title IX officer, medical and counseling services personnel, and Residential Community Life staff. On-campus cases receive a timely campus-based investigation that is confidential and thorough and protects individual rights and due process. SUNY Oneonta 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, pastoral counselors acting in their professional capacities can maintain confidentiality. Other reporting agents can treat information as privileged and private, but are required to communicate information with the Title IX Coordinators. 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 violence is prohibited conduct as specified in the SUNY Oneonta Code of Student Conduct found at www.oneonta.edu/judicial. Both the victim and the

accused are afforded equitable rights during the investigative process.

Whenever a violent or sex related crime is reported to a member of the SUNY Oneonta campus community they have been trained to contact the Title IX coordinator and provide the victim with emergency resources such as medical attention, counseling services, and/or call University Police for ongoing safety concerns. The victim may decline such services. Injured victims are transported to Bassett Hospital or another appropriate health-care facility. When a victim reports sexual violence, dating violence, domestic violence or stalking, they will meet with approved Title IX investigators and be provided with written notification of available options, their rights and assistance with accommodations in academic, living, transportation and working situations, as well as protective measures that can be taken on campus and within the community. This process is the same for students and employees. Victims will be advised of their option to report to an appropriate law enforcement agency, if they haven’t already, and be assisted with such a report. They may also decline to involve law enforcement and elect to use the Student Code of Conduct process or the Title IX grievance procedure. Where applicable the institution may aid the victim in gaining an order of protection and or a no contact order from the institution. These accommodations and/or protective measures are available to the victim regardless of whether they choose to report the crime to law enforcement.

With all violent felony or sex-related crimes, immediate collection of evidence is crucial. Victims are reminded of the importance of evidence preservation and are encouraged not to destroy evidence by bathing, showering, changing clothes, combing hair, drinking, eating, or doing anything to alter their physical state or appearance until after a physical exam has been completed. Officers work quickly to secure the crime scene and implement proper investigative measures, including basic interviews to ascertain the nature of the crime. If the perpetrator of a crime is at large or is unidentified, it is critical to the safety of the campus and community that the interview be conducted as soon as possible and timely warnings issued if appropriate.

Disciplinary Procedures

In cases of sexual assault, domestic violence, dating violence, or stalking the College will provide a fair, prompt, and impartial process from investigation to conclusion. Hearings officers receive annual training on issues related to dating violence, domestic violence, sexual assault, and stalking, including the hearing process and how to conduct an investigation that protects the safety of victims and promotes accountability. If the accused is a student, the standard of evidence used in an institutional disciplinary hearing will be preponderance of the evidence.

Both accusers and accused are entitled to notification of charges and hearing date, as well as the same opportunity to have an adviser of their choice present at any hearing or related meetings. Both parties will be informed simultane­ously in writing of the outcome of any institutional disciplinary proceedings that arise from an allegation of domestic violence, dating violence, sexual assault, or stalking; the college’s procedures for the accused and the accuser to appeal the results; changes that occur along the way; and the final results of any appeals. Compliance does not constitute a violation of the Family Educational Rights and Privacy Act (FERPA). These protections apply 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.

The procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking, including the steps, anticipated timelines, and decision-making process for each, are delineated in the Code of Student Conduct for students and the full Sexual Violence Response policy for employees and students.

SUNY Oneonta will periodically update the alleged victim of a crime of violence or a non-forcible sex offense on the status of the case, and will disclose to the alleged victim the results of any disciplinary hearing conducted by the college against the student who is the alleged perpetrator of the crime or offense. If the alleged victim is deceased as a result of the crime or offense, the College will provide the results of the disciplinary hearing to the victim’s next of kin, if so requested.

Students:

Student alleged incidents of 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 Office of Community Standards. Reports to the Office of Community Standards will be processed in accordance with the Code of Student Conduct. With the exception of very minor cases of stalking that could also be referred for a Residence Hall Director meeting if the student lives on campus, cases will be adjudicated through an Administrative or Standing Disciplinary Board Hearing. The hearing type is determined by the egregious nature of the case. A more serious crime will always be adjudicated by the Standing Disciplinary Board.

An incident report will be filed with the Community Standards office. An investigation will be conducted and the type of hearing will be decided upon. Students are notified in writing of the date and time of their hearing, as well as the charges. An Administrative hearing is held with one College Administrator hearing the evidence and making the decision. The Standing Disciplinary Board is comprised of 7 faculty, staff, and student representatives. The case would be presented to them and they make a determination based on a majority vote. SUNY Oneonta’s student conduct processes uses a preponderance of evidence standard for a responsible finding. If found responsible, the sanctions may include suspension or expulsion from the institution, community service, educational program, no contact order, housing revocation, housing transfer, or probation.

Interim measures may be taken by the vice president for student development and/or her/his designee may impose a temporary disciplinary suspension or other restrictions (housing revocation, no contact order or persona non grata status) 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 emotion safety and well-being; or if the student poses a definite threat of disruption or interference with the normal operations of the College.

Student Bill of Rights

Student’s Bill of Rights

The State University of New York and SUNY Oneonta 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:

• Receive resources, such as counseling and medical attention;

• Confidentiality or anonymously disclose a crime or violation (for detailed information on confidentiality and privacy visit

www.oneonta.edu/knowviolence/Reporting.asp )

• Make a report to:

o An employee with the authority to address complaints, including the Title IX Coordinator, a Student Conduct employee, or a

Human Resources employee;

o University Police;

o Local law enforcement; and/or

o Family Court or Civil Court.

The complete Code of Student Conduct, including the Sexual and Interpersonal Violence policy can be found here: http://www.oneonta.edu/communitystandards/code-of-student-conduct.asp

Employees

The full Sexual Violence Response policy for employees and students can be found here: http://www.oneonta.edu/knowviolence/SVPolicy.asp

Harassment & Sexual Harassment policy: https://www.suny.edu/sunypp/documents.cfm?doc_id=451

Workplace Violence Policy: http://www.oneonta.edu/security/documents/WorkplaceViolence%20Policy.pdf

The Domestic Violence in the Workplace Policy and Procedures: https://www.oneonta.edu/admin/humres/HR/HR_images/DomVio%20Policy.pdf

Excerpt – 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.”

Several support options in order to mitigate reoccurrences of domestic violence in an effort to protect all employees including the victim: Advising co-workers, supervisors, and , upon request, the employee’s bargaining representative, of the situation; setting up procedures for alerting University Police, temporary relocation of the victim to a secure area; options for voluntary transfer or permanent relocation to a new work site; change of work schedule; escort for entry to and exit from the building; responding to telephone, fax, email or mail harassment; keeping a photograph of the abuser and/or a copy of any existing court orders of protection in a confidential, on-site location and providing copies to University Police; the College will address any additional concerns raised by a situation in which both the victim and offender are

employed by the College. Employees may also opt to report prohibited behaviors to the Title IX Coordinator.

Privacy

SUNY Oneonta will protect the privacy of all parties to a complaint or other report of sexual violence, dating violence, domestic violence, or stalking to the extent possible. The College will complete publicly available record keeping in accordance with federal and state law, without the inclusion of personally identifying information about the victim. When the College receives complaints of violence an obligation exists to respond in a way that limits the effects of the violence and prevents its recurrence. Information will be shared as necessary in the course of an investigation with people who need to know, such as investigators, witnesses, the reporting individual, and the respondent. If you are the reporting individual and are unsure of someone’s duties and ability to maintain your privacy, ask them before you talk to them. Staff members at certain resources are obligated by law to maintain confidentiality, including the Counseling Center staff on-campus and the local rape crisis center off-campus. Contact information for both of those facilities and further information on options for confidentiality and privacy can be found here: http://www.oneonta.edu/knowviolence/Reporting.asp  .

Prevention and awareness programs

The college continually works to develop and hone curricular and co-curricular educational programs on personal safety precautions and prevention, crime reporting, medical and counseling services, availability of legal services, the college discipline system, and sexual assault prevention. University Police, the Health Center, the Counseling Center, and the Office of Equity and inclusion, Residence Life and New Student Services all conduct ongoing educational campaigns for students, faculty, and staff to promote safety and awareness and aid in the prevention of sexual violence, dating violence, domestic violence, and stalking. Students and employees learn about these programs during first-year, transfer, and graduate orientations each semester; via SUNY Oneonta presentation online education component, Campus Clarity; through ongoing extracurricular educational programming during the semester; and through presentations to students in the residence halls each semester. Programs are designed to promote positive behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention tactics, and positively influence behavior and social norms.

Primary prevention and awareness programs for all incoming students and employees include:

• a clear statement of the prohibition of sexual assault, rape, dating violence, domestic violence, and stalking at SUNY Oneonta;

• definitions of sexual assault, rape, dating violence, domestic violence, and stalking in the applicable jurisdiction (see Definitions section below for full list);

• a definition of consent, with reference to sexual offenses, in the applicable jurisdiction (see Definitions section below for full list);

• information on safe and positive bystander intervention that an individual may take to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual;

• information on risk reduction, how to recognize warning signs of abusive behavior, and how to avoid potential attacks;

• information on institutional disciplinary procedures, sanctions, and protective measures in cases of VAWA crimes;

• procedures that victims of VAWA crimes should follow, including

— the importance of preserving evidence of such crimes;

— how and to whom the alleged offenses should be reported;

— rights and options regarding law enforcement and campus authorities, including the victim’s options to notify proper law enforcement authorities, assistance from campus authorities with such notification, and the victim’s right to decline to notify;

— victims’ rights and the college’s responsibilities for orders of protection as well as options for and available assistance with changing academic, living, transportation, and working situations, regardless of whether the victim reports the crime to campus police or law enforcement;

— available services, including counseling, health, mental health, victim advocacy, and legal assistance.

• ongoing prevention and awareness campaigns for current students, faculty, and staff on all of the above.

Beginning in fall 2015, student leaders and officers of recognized student organizations and those seeking recognition began to complete training on domestic violence, dating violence, sexual assault, and stalking prevention as part of the approval process. Student-athletes also began to complete training in domestic violence, dating violence, sexual assault, or stalking prior to participating in intercollegiate athletics.

Specific prevention and awareness programs include:

Take Back the Night

SUNY Oneonta participates in Sexual Assault Awareness Month each April with a series of campus wide events to educate the campus community about ways to prevent violence, especially sexual assault and other VAWA crimes. Violence Prevention Week features a variety of activities for students, faculty, staff, and the larger community, culminating in Take Back the Night, the international event designed to raise awareness and promote the prevention of sexual violence in all forms.

Campus Clarity online program

The “Think About It” program and supplemental programs are used at SUNY Oneonta to educate all incoming students prior to orientation, about the assumptions and stereotypes associated with sexual violence, dating violence, domestic violence, stalking, and harassment. It also helps students understand the meaning of consent, how to help a friend, and how to intervene in a situation that might escalate to a sexual assault. Students who do not complete the program are prohibited from registering for classes.

Health 101

This is an outreach newsletter program to deliver periodic messages and content to students about sexual and interpersonal violence prevention, as well as other health related issues.

kNOw Violence

This is a committee that is charged with sustaining ongoing educational programs and campaigns regarding sexual and interpersonal violence. They conduct several programs per year and usually undertake one large scale campaign per year.

Green Dot training

Bystander intervention training was offered to student leaders, residence life staff, and to all student within residence halls who elected to participate. These trainings are offered on an ongoing basis.

Employee online education programs

All employees are required annually to complete four online education courses; preventing sexual misconduct, preventing discrimination and harassment, preventing workplace violence, and reporting child sexual abuse.

Definitions

New York State Law 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.

a) 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.

b) Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.

c) Consent may be initially given but withdrawn at any time.

d) 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.

e) Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm.

f) When consent is withdrawn or can no longer be given, sexual activity must stop.

Underage persons cannot legally consent to sexual activity. The age of consent in NYS is 17.

Crime Definitions – New York State

Dating Violence: New York State does not specifically define “dating violence.” However, under New York Law, intimate relationships are covered by the definition of domestic violence when the act constitutes a crime listed elsewhere in this document and is committed by a person

in an “intimate relationship” which the victim. See “Family or Household Member” for definition of intimate relationship.

Domestic Violence: An act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction or breaching or blood circulation, or strangulation; and such acts have created a substantial risk of physical or emotional harm to a person or a person’s child. Such acts are alleged to have been committed by a family member. The victim can be anyone over the age of 16, any married person or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of the act.

Family or Household Member: Person’s related by consanguinity or affinity; Persons legally married to one another; Person formerly married to one another regardless of whether they still reside in the same household; Persons who have a child in common regardless of whether such

persons are married or have lived together at any time; Unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household; Persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an “intimate relationship” include, but are not limited to: the nature or type of relationship regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”; Any other category of individuals deemed to be a victim of domestic violence as defined by the office of children and family services in regulation. Intimate relationship status shall be applied to teens, lesbian/gay/bisexual/transgender, and elderly individuals, current and formerly married and/or dating heterosexual individuals who were, or are in an intimate relationship.

Parent: Natural or adoptive parent or any individual lawfully charged with a minor child’s care or custody.

Sexual Assault: New York State does not specifically define sexual assault. However, according to the Federal Regulations, sexual assault includes offenses that meet the definitions of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program.

Sex Offenses; Lack of Consent: Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without consent of the victim.

Sexual Misconduct: When a person (1) engages in sexual intercourse with another person without such person’s consent; or (2) engages in oral sexual conduct or anal sexual conduct without such person’s consent; or (3) engages in sexual conduct with an animal or a dead human body.

Rape in the Third Degree: When a person (1) engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) Being 21 years old or more, engages in sexual intercourse with another person less than 17 years old; or (3) engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.

Rape in the Second Degree: When a person (1) being 18 years old or more, engages in sexual intercourse with another person less than 15 years old; or (2) engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It is an affirmative defense to the crime of rape in the second degree the defendant was less than four years older than the victim at the time of the act.

Rape in the First Degree: When a person engages in sexual intercourse with another person (1) by forcible compulsion; or (2) Who is incapable of consent by reason of being physically helpless; or (3) who is less than 11 years old; or (4) who is less than 13 years old and the actor is 18 years old or more.

Criminal Sexual Act in the Third Degree: When a person engages in oral or anal sexual conduct (1) with a person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) being 21 years old or more, with a person less than 17 years old; (3) with another person without such persons consent where such lack of consent is by reason of some factor other than incapacity to consent.

Criminal Sexual Act in the Second Degree: When a person engages in oral or anal sexual conduct with another person (1) and is 18 years or more and the other person is less than 15 years old; or (2) who is incapable of consent by reason of being mentally disabled or mentally

incapacitated. It is an affirmative defense that the defendant was less than four years older than the victim at the time of the act.

Criminal Sexual Act in the First Degree: When a person engages in oral or anal sexual conduct with another person (1) by forcible compulsion; (2) who is incapable of consent by reason of being physically helpless; (3) who is less than 11 years old; or (4) who is less than 13

years old and the actor is 18 years old or more.

Forcible Touching: When a person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. It includes squeezing, grabbing, or pinching.

Persistent Sexual Abuse: When a person commits a crime of forcible touching, or second or third degree sexual abuse within the previous ten-year period, has been convicted two or more times, in separate criminal transactions for which a sentence was imposed on separate occasions of one of one of the above mentioned crimes or any offense defined in this article, of which the

commission or attempted commissions thereof is a felony.

Sexual Abuse in the Third Degree: When a person subjects another person to sexual contact without the latter’s consent. For any prosecution under this section, it is an affirmative defense that (1) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than 17 years old; and (2) such other person was more than 14 years old and (3) the defendant was less than five years older than such other person.

Sexual Abuse in the Second Degree: When a person subjects another person to sexual contact and when such other person is (1) incapable of consent by reason of some factor other than being less than 17 years old; or (2) less than 14 years old.

Sexual Abuse in the First Degree: When a person subjects another person to sexual contact (1) by forcible compulsion; (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old; or (4) when the other person is less than 13 years old.

Aggravated Sexual Abuse in the Fourth Degree: When a person inserts a (1) foreign object in the vagina, urethra, penis or rectum of another person and the other person is incapable of consent by reason of some factor other than being less than 17 years old; or (2) finger in the

vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than 17 years old.

Aggravated Sexual Abuse in the Third Degree: When a person inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person (1)(a) by forcible compulsion; (b) when the other person is incapable of consent by reason of being physically helpless; or (c) when

the other person is less than 11 years old; or (2) causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.

Aggravated Sexual Abuse in the Second Degree: When a person inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person by (1) forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old.

Aggravated Sexual Abuse in the First Degree: When a person subjects another person to sexual contact: (1) By forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than eleven years old; or (4) when the other person is less than thirteen years old and the actor is twenty-one years old or older.

Course of Sexual Conduct Against a Child in the Second Degree: When over a period of time, not less than three months, a person: (1) Engages in two or more acts of sexual conduct with a child less than 11 years old; or (2) being 18 years old or more engages in two or more acts of sexual conduct with a child less than 13 years old. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charges offense occurred outside of the time period charged under this section.

Course of Sexual Conduct Against a Child in the First Degree: When a person over a period of time, not less than three months in duration, a person: (1) Engages in two or more acts of sexual conduct, or aggravated sexual contact with a child less than 11 years old; or (2) being 18 years old or more engages in two or more acts of sexual conduct which includes at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact with a child less than 13 years old.

Facilitating a Sex Offense with a Controlled Substance: A person is guilty of facilitating a sex offense with a controlled substance when he or she: (1) knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person’s consent and with intent to commit against such person conduct constituting a felony defined in this article; and (2) commits or attempts to commit such conduct constituting a felony defined in this article.

Incest in the Third Degree: A person is guilty of incest in the third degree when he or she marries or engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person whom he or she knows to be related to him or her, whether through marriage or not,

as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.

Incest in the Second Degree: A person is guilty of incest in the second degree when he or she commits the crime of rape in the second degree, or criminal sexual act in the second degree, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.

Incest in the First Degree: A person is guilty of incest in the first degree when he or she commits the crime of rape in the first degree, or criminal sexual act in the first degree, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or half blood, uncle, aunt, nephew or niece.

Stalking in the Fourth Degree: When a person intentionally, and for not legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should

know that such conduct (1) is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person’s immediate family or a third

party with whom such person is acquainted; or (2) causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or

initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or (3) is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of

appearing, telephoning or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct.

Stalking in the Third Degree: When a person (1) Commits the crime of stalking in the fourth degree against any person in three or more separate transactions, for which the actor has not been

previously convicted; or (2) commits the crime of stalking in the fourth degree against any person, and has previously been convicted, within the preceding ten years of a specified predicate crime and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) with an intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person’s immediate family; or (4) commits the crime or stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree.

Stalking in the Second Degree: When a person: (1) Commits the crime of stalking in the third degree and in the course of and furtherance of the commission of such offense: (a) displays, or possesses and threatens the use of, a firearm, pistol, revolver, rifle, sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, sligshot, slungshot, shirken, “Kung Fu Star,” dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous instrument, deadly instrument or deadly weapons; or (b) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or (2) commits the crime of stalking in the third against any person, and has previously been convicted, within the preceding five years, of a specified predicate crime, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) commits the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree; or (4) being 21 years of age or older, repeatedly follows a person under the age of fourteen or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death; or (5) commits the crime of stalking in the third degree, against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted.

Stalking in the First Degree: When a person commits the crime of stalking in the third degree or stalking in the second degree and, in the course and furtherance thereof, he or she intentionally or recklessly causes physical injury to the victim of such crime.

Alcohol and/or 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 Oneonta 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 Oneonta strongly encourages student 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 that discloses any incident of domestic violence, dating violence, stalking or sexual assault to College officials or law enforcement will not be subject to SUNY Oneonta’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.

Sex Offender Registry Information

When the New York State Division of Criminal Justice Services (DCJS) notifies campus officials of the presence of a registered sex offender on campus, University Police will alert the campus community using the “timely warning” methods for criminal activity, in general or in a limited manner, as appropriate. This may include web notices, doorway signs, campus media, and e-mail messages. Warnings will indicate that a level 2 or level 3 sex offender is enrolled or employed at the college and will indicate that further information can be obtained at the DCJS website: www.criminaljustice.ny.gov.Information listed on the website may include name, address, physical description, crime of conviction, modus operandi, type of victim targeted, and special conditions imposed on parole.

Missing Student Notification

If a member of the University community has reason to believe that a student who resides in on-campus housing is missing, he or she should immediately notify University Police at 607-436-3550. University Police will generate a missing person report and initiate an investigation.

In addition to registering a general emergency contact, students residing in on-campus housing have the option to identify confidentially an individual to be contacted by University Police in the event the student is determined to be missing for more than 24 hours. If a student has identified such an individual, University Police will notify that individual no later than 24 hours after the student is determined to be missing. A student who wishes to identify a confidential contact can do so through the office of Residential and Community Life in conjunction with room selection or roommate preference data collection processes. This confidential contact information will not be disclosed except to law enforcement personnel in furtherance of a missing person investigation.

There is no waiting period for University Police to begin an investigation into a missing student report, but the college must notify the local law enforcement agency within 24 hours of making a determination that a student is missing. In addition, the college must notify within 24 hours the custodial parent(s) or guardian(s) of missing students under the age of 18 who are not emancipated.

Daily Log

The University Police also maintain a daily log of crimes and incidents that occur on campus that is available for the public to view. The information is recorded by date, time and general location, and disposition of the complaint.  This daily log is available at the University Police department, Alumni Hall, or can be viewed at http://www.oneonta.edu/admin/police/pages/daily_reports.asp.  Please note that entries or updates are generally made within two business days after the event occurs.  Incidents or situations deemed to pose a threat to the campus community are logged as soon as possible. Sixty days’ worth of activity is posted; more can be made available upon request.

While most events are logged, the office of the Chief of University Police, may determine that an incident be classified as “confidential” in order not to jeopardize a criminal investigation or the identity of a victim.

Campus Crime Statistics

In accordance with recent updates to the “Campus Safety Act,” data are presented at the end of this report to review crime activity both on campus and on streets adjacent to campus property.  This information can also be found at http://ope.ed.gov/campussafety.  A map, which defines these areas, appears at the end of this report.  Reported on-campus offenses include all offenses reported on campus property and in campus buildings.  There are no “on-campus student housing facilities” on the Cooperstown campus.

Two other categories are presented in this chart: “non-campus buildings or property” and “public property.”  The first category, non-campus buildings or property, includes properties owned by student organizations officially recognized by the institution and those owned by the university outside the campus boundaries that appear on the map at the end of this report.  The offenses presented in this report include offenses reported by the Cooperstown Police Department at the Cooperstown Campus, which is comprised of the Cooperstown Graduate Program (one location) in Cooperstown, New York. The second category, public property, includes thoroughfares, streets, sidewalks and parking facilities immediately adjacent to the campus.

The section on campus crime statistics also includes arrests and disciplinary referrals made to campus authorities for alcohol, drugs and weapons possession. As defined by the campus safety act, a disciplinary referral is an instance when a student is formally reported in writing to a university official for possible sanction.

As required by the Campus Safety Act, SUNY Oneonta is required to report hate crimes in this report.  For this reporting, a hate crime occurs when a person is victimized intentionally because of his or her actual or perceived race, gender, religion, sexual orientation, ethnicity or disability.

The crimes presented are based on reports filed with the following offices: Chief of University Police, Vice President for Student Development, Associate Vice President for Student Development, Director of Community Standards, Student Health Center, Office of Residential Community Life, Counseling Center, Director of Student Activities, Student Diversity and Advocacy, and Director of Athletics.  Formal requests for crime statistics for areas defined as “public property” and “non-campus buildings and property” were made with the Oneonta Police Department, the Town of Oneonta Police Department, and the Otsego County Sheriff’s Department and State Police.

Unfounded Crimes

A crime can only be unfounded if the report is found to be false or baseless. A crime is not considered unfounded if someone is found not guilty, not arrested, or not charged. Unfounding is an extreme and rare measure to be used when, using a reasonable investigative standard, sworn law enforcement believe that the reported crime did not happen. Only sworn/commissioned law enforcement can “unfound” a crime. This does not include a district attorney.

Crime Definitions

Unless otherwise noted:

• The definitions for murder, robbery, aggravated assault, burglary, motor vehicle theft, weapon law violations, drug abuse violations, and liquor law violations are excerpted from the Federal Bureau of Investigations Uniform Crime Reporting Handbook (UCR) (PDF).

• The definitions for forcible and non-forcible sex offenses are excerpted from the FBI’s National Incident-Based Reporting System (NIBRS) edition of the Uniform Crime Reporting Program. The law defines both the behavior and physical nature of a sex offense and the lack of consent involved. In New York State, the age of consent is 17.These definitions include instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including from the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of consent.

• The definitions for hate crime data collection are taken from the FBI’s Uniform Crime Reporting Hate Crime Data Collection Guidelines and Training Guide for Hate Crime Data Collection (PDF).Offenses include any incidents of larceny-theft, simple assault, intimidation, or destruction/damage/vandalism of property that were motivated by bias.

• The definitions for dating violence, domestic violence, and stalking are taken from Section 485(f) of the Higher Education Amendment, as amended by Section 304 of the Violence Against Women Reauthorization Act of 2013.

Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.

Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

Bias: A preformed negative opinion or attitude toward a group of persons based on their race, religion, national origin, disability, sexual orientation, ethnicity, gender, or gender identity.

Bias Crime: A committed criminal offense that is motivated, in whole or in part, by the offender’s bias(es) against a race, religion, national origin, disability, sexual orientation, ethnicity, gender, or gender identity; also known as Hate Crime.

Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes, this definition includes unlawful entry with intent to commit a larceny or felony, breaking and entering with intent to commit a larceny, housebreaking, safecracking, and all attempts to commit any of the aforementioned.

Criminal Homicide, Murder and Non-Negligent Manslaughter: The willful (non-negligent) killing of one human being by another.

Criminal Homicide, Negligent Manslaughter: The killing of another person through gross negligence. Gross negligence is the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another.

Dating Violence: Violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship.(ii) The type of relationship.(iii) The frequency of interaction between the persons involved in the relationship.

Disability Bias: A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age, or illness.

Domestic Violence: The term includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the applicable jurisdiction, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Drug Abuse Violations: The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.

Fondling (forcible): The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

Hate Crime: Bias Crime.

Hate Group: An organization whose primary purpose is to promote animosity, hostility, and malice against persons of or with a race, religion, national origin, disability, sexual orientation, ethnicity, gender, or gender identity that differs from that of the members or the organization, e.g., the Ku Klux Klan, American Nazi Party.

Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Liquor Law Violations: The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness. This includes the manufacture, sale, transporting, furnishing, possessing, etc., of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; underage possession; using a vehicle for illegal transportation of liquor; drinking on train or public conveyance; attempts to commit any of the above.

Motor Vehicle Theft: The theft or attempted theft of a motor vehicle.

Rape, Except Statutory Rape (forcible): Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Sex Offense: Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.

Sexual Assault with an Object (forcible): To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

Sodomy (forcible): Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to— (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.

Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Weapon Law Violations: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature. This includes the manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, manufacturing, etc., of silencers; furnishing deadly weapons to minors; aliens possessing deadly weapons; attempts to commit any of the above.

CRIME STATISTICS

Crime statistics for 2020 can also be found at: http://ope.ed.gov/campussafety

2020 Clery Statistics

Cooperstown Campus 2020 Clery Statistics

Offense

On-Campus

Non-Campus

Public Property

On-Campus Residence Halls

Criminal Homicide Offenses

       

Murder/Non-Negligent Manslaughter

0

0

0

0

Negligent Manslaughter

0

0

0

0

Sex Offenses

       

Rape

0

0

0

0

Fondling

0

0

0

0

Incest

0

0

0

0

Statutory Rape

0

0

0

0

Other UCR Offenses

       

Robbery

0

0

0

0

Aggravated Assault

0

0

0

0

Arson

0

0

0

0

Burglary

0

0

0

0

Motor Vehicle Theft

0

0

0

0

Liquor, Drug & Weapons Offenses

       

Liquor Law Arrests

0

0

0

0

Liquor Law Disciplinary Referrals

0

0

0

0

Drug Law Arrests

0

0

0

0

Drug Law Disciplinary Referrals

0

0

0

0

Weapon Law Arrests

0

0

0

0

Weapon Law Disciplinary Referrals

0

0

0

0

Vawa Offesnses

       

Stalking

0

0

0

0

Domestic Violence

0

0

0

0

Dating Violence

0

0

0

0

Unfounded Offenses

       

Unfounded

0

0

0

0

Hate/Bias Offenses

       
 

0

0

0

0

There were no crimes during this time period that manifested evidence of prejudice based on perceived race, religion, sexual orientation, gender, gender identity, disability, national origin or ethnicity.

2019 Statistics

Cooperstown Campus 2019 Clery Statistics

Offense

On-Campus

Non-Campus

Public Property

On-Campus Residence Halls

Criminal Homicide Offenses

       

Murder/Non-Negligent Manslaughter

0

0

0

0

Negligent Manslaughter

0

0

0

0

Sex Offenses

       

Rape

0

0

0

0

Fondling

0

0

0

0

Incest

0

0

0

0

Statutory Rape

0

0

0

0

Other UCR Offenses

       

Robbery

0

0

0

0

Aggravated Assault

0

0

0

0

Arson

0

0

0

0

Burglary

0

0

0

0

Motor Vehicle Theft

0

0

0

0

Liquor, Drug & Weapons Offenses

       

Liquor Law Arrests

0

0

0

0

Liquor Law Disciplinary Referrals

0

0

0

0

Drug Law Arrests

0

0

0

0

Drug Law Disciplinary Referrals

0

0

0

0

Weapon Law Arrests

0

0

0

0

Weapon Law Disciplinary Referrals

0

0

0

0

Vawa Offesnses

       

Stalking

0

0

0

0

Domestic Violence

0

0

0

0

Dating Violence

0

0

0

0

Unfounded Offenses

       

Unfounded

0

0

0

0

Hate/Bias Offenses

       
 

0

0

0

0

There were no crimes during this time period that manifested evidence of prejudice based on perceived race, religion, sexual orientation, gender, gender identity, disability, national origin or ethnicity.

2018 Statistics

Cooperstown Campus 2018 Clery Statistics

Offense

On-Campus

Non-Campus

Public Property

On-Campus Residence Halls

Criminal Homicide Offenses

       

Murder/Non-Negligent Manslaughter

0

0

0

0

Negligent Manslaughter

0

0

0

0

Sex Offenses

       

Rape

0

0

0

0

Fondling

0

0

0

0

Incest

0

0

0

0

Statutory Rape

0

0

0

0

Other UCR Offenses

       

Robbery

0

0

0

0

Aggravated Assault

0

0

0

0

Arson

0

0

0

0

Burglary

0

0

0

0

Motor Vehicle Theft

0

0

0

0

Liquor, Drug & Weapons Offenses

       

Liquor Law Arrests

0

0

0

0

Liquor Law Disciplinary Referrals

0

0

0

0

Drug Law Arrests

0

0

0

0

Drug Law Disciplinary Referrals

0

0

0

0

Weapon Law Arrests

0

0

0

0

Weapon Law Disciplinary Referrals

0

0

0

0

Vawa Offesnses

       

Stalking

0

0

0

0

Domestic Violence

0

0

0

0

Dating Violence

0

0

0

0

Unfounded Offenses

       

Unfounded

0

0

0

0

Hate/Bias Offenses

       
 

0

0

0

0

There were no crimes during this time period that manifested evidence of prejudice based on perceived race, religion, sexual orientation, gender, gender identity, disability, national origin or ethnicity.

Appendix A

Emergency Evacuation Procedures

Terms and Definitions:

Evacuation Assembly Area (EAA)- an outside location at least 50 feet from the building, away from roads and walkways used by emergency vehicles.

Evacuation Site (ES)- a building in close proximity to the evacuated building that will provide protection from the weather or other elements in the case of a prolonged evacuation.  The on-site incident commander, usually a University Police officer will determine if personnel should move from the Evacuation Assembly Area to the Evacuation Site. An Evacuation Site list is attached to this document.

Procedures:

Evacuation is required any time the fire alarm sounds, an evacuation announcement is made, or a university official orders you to evacuate a building to the Evacuation Assembly Area (EAA).  When an evacuation occurs, departments should put their evacuation plan into effect.  After the building has been evacuated, the building cannot be re-entered until University Police gives permission. The silencing of alarms is not the sole indicator that it is safe to re-enter.

Lecturers and Lab Supervisors should notify each class at the beginning of the semester of the designated evacuation plan. The department’s plan should indicate a meeting place outside the building EEA as well as the designated ES.  It is imperative that students know to stay together as a class while at the EAA or the ES. Everyone must be accounted for, and their names should be written down, or checked off an attendance roster. You cannot release students from the EAA or ES until University Police have given permission to do so.

General Evacuation Procedures for Academic and Administrative Buildings

  • Quickly shutdown any hazardous operations or processes and render them safe.
  • Notify others in the area of the alarm if they did not hear it while you are evacuating yourself.
  • Exit the room.
  • Take jackets or other clothing needed for protection from the weather.
  • If possible close windows and doors as you leave, but do not lock the doors.
  • If you are away from the class/lab room when the alarm sounds, you should exit the building immediately and not return to the room. You should meet the class at the EEA.

·       Exit the building, walk to the nearest safe exit route (do not run).  Do not use elevators.

·       Move away from the building, report to the class/ labs designated EAA and meet with other persons from the class or lab.  Wait at EAA for directions.

·       Account for faculty, staff and students and write down their names while at the EAA.  Report any missing or trapped people to the emergency responders.  Keep existing groups together.

·       Review with everyone the location of the Evacuation Site, should this have been an instance where you would have been required to go there.

·       Do not reenter the building until University Police gives the "all clear" signal. 

Evacuation of Persons with Disabilities

Assisting Visually Impaired Persons

  • Announce the type of emergency.
  • Offer your arm for guidance.
  • Tell the person where you are going, and any obstacles you encounter.
  • When you reach safety, ask if further help is needed.

Assisting People with Hearing Limitations

  • Turn lights on/off to gain the person’s attention, or indicate directions with gestures, or write a note with evacuation directions.

Assisting People Using Crutches, Canes, or Walkers

  • Evacuate these individuals as injured persons.
  • Assist and accompany to evacuation site if possible, or use a sturdy chair (or one with wheels) move the person to an enclosed stairwell, notify emergency crew of their location.

If you are unable to leave the building due to a physical disability:

  • Go to the nearest stairwell.
  • Use a telephone to call University Police 3550, or use other means to advise them of your location. 
  • If possible, signal out the window to on-site emergency responders.
  • One person may remain with you if they wish to assist you.

The following buildings will be the designated Evacuation Sites (ES) when a prolonged building evacuation occurs as determined by University Police or the Incident Commander.  The Emergency Communication Coordinator (designee) or Residence Hall Director (designee) will be present.  Occupants will be sent to the emergency assembly spaces

Building with Emergency                                    Evacuation site

Cooperstown Campus:                                      Front Parking Lot

MAIN CAMPUS MAP

MAIN CAMPUS MAP

COLLEGE CAMP MAP

COLLEGE CAMP MAP

BIOLOGICAL FIELD STATION AND COOPERSTOWN GRADUATE PROGRAM FACILITIES MAP

BIOLOGICAL FIELD STATION AND COOPERSTOWN GRADUATE PROGRAM FACILITIES MAP

Download the 2020 Annual Cooperstown Campus Safety Report

Annual MVCC Campus Safety Report

At SUNY Oneonta, the safety and well-being of our students, faculty, staff, and visitors is our highest priority. A safe and secure environment can be achieved only through the cooperation of all members of the campus community. This publication is part of our effort to ensure the safety of all through successful collaboration and preventive measures. We hope you read it carefully and use the information to help foster a safe environment for yourself and others.

This report is filed as required by the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Statistics Act (hereafter referred to as the Campus Safety Act) and the Higher Education Opportunity Act (P.L. 110-315). This law mandates that institutions receiving Title IV federal funds disseminate crime statistics for certain serious offenses that occurred on campus and in adjacent areas for the current, and two previous calendar years. The purpose of this report is to provide our current and prospective faculty, staff and students with campus and fire safety information including crime and fire statistics, and programs and procedures to follow to report a crime or other emergency situations. 

SUNY ONEONTA – Mohawk Valley Community College Campus

ANNUAL CAMPUS SAFETY REPORT

Calendar year 2020

Prepared in 2021

Report Overview and Background

At SUNY Oneonta, the safety and well-being of our students, faculty, staff, and visitors is our highest priority. A safe and secure environment can be achieved only through the cooperation of all members of the campus community. This publication is part of our effort to ensure the safety of all through successful collaboration and preventive measures. We hope you read it carefully and use the information to help foster a safe environment for yourself and others.

This report is filed as required by the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Statistics Act (hereafter referred to as the Campus Safety Act) and the Higher Education Opportunity Act (P.L. 110-315). This law mandates that institutions receiving Title IV federal funds disseminate crime statistics for certain serious offenses that occurred on campus and in adjacent areas for the current, and two previous calendar years. The purpose of this report is to provide our current and prospective faculty, staff and students with campus and fire safety information including crime and fire statistics, and programs and procedures to follow to report a crime or other emergency situations.

SUNY Oneonta University Police and Office of Student development, in conjunction with, the Department of Public Safety at MVCC, prepare this report to comply with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act. The full text of this report can be located on our website at https://suny.oneonta.edu/university-police/campus-reports/crime-alerts-fire-safety-reports . The report is prepared in cooperation with the local law enforcement agencies surrounding our campus, the Department of Public Safety, Student Affairs, and other Public Safety authorities. Each entity provides updated information on their educational efforts and programs to comply with the Act.

Campus crime, arrest and referral statistics include those reported to the Department of Public Safety, other local law enforcement agencies and designated campus officials considered to be “Campus Safety Authorities” (CSA’s). If someone has significant responsibility for student and campus activities, he or she is a campus security authority. SUNY Oneonta consults it’s faculty advisors on the MVCC campus regarding annual statistics for reports.

These statistics include crimes that occur on campus, in residence halls and on the local streets surrounding the campus. Counseling Services staff informs their clients of the procedures to report crime to the Department of Public Safety on a voluntary and/or confidential basis, should they feel it is in the best interest of the client. There are several procedures in place to anonymously capture crime statistics for the college.

Each year, an email notification is made to all faculty, staff, and enrolled students that includes an attachment to access the report. All prospective employees are provided with a “Right to Know” booklet, which incorporates the Clery Crime statistics for the past three (3) years. Human Resources staff members also inform prospective employees that they may access the full Annual Security Report on the MVCC website for additional information.

Copies of this report may also be obtained at the Mohawk Valley Community College Department of Public Safety located at 1101 Sherman Drive Utica, New York 13501 Academic Building Room 109, or by calling (315) 792-5566 on the Utica Campus.

The statistics in this report are published in accordance with the standards and guidelines used by the FBI Uniform Crime Reporting Handbook and the relevant federal law (the Clery Act). It is important to note that the crime classification definitions for which colleges and universities must provide statistics for the Clery Act differ from the state definitions. For example, the crime statistics reported under the Jeanne Clery Act include the following:

Uniform Crime Reporting Program (UCR) Definitions which include:

Murder & Non Negligent Manslaughter, Negligent Manslaughter, Robbery, Aggravated Assault, Burglary, Motor Vehicle Theft, Arson, Rape, Fondling, Incest, Statutory Rape (Including any Hate/Bias crimes of the above, as well as any incident of Larceny-theft, Simple Assault, Intimidation, or Destruction/damage/vandalism of property that were motivated by bias.)
 

Arrests and referrals for disciplinary action which include:

Arrests for Liquor Law Violations, Drug Law Violations, and Illegal Weapons Possession, and

Referrals for Liquor Law Violations, Drug Law Violations, and Illegal Weapons Possession
 

Violence Against Women Act of 2013 Definitions which include:
Domestic Violence, Dating Violence, Stalking

SUNY Oneonta – Mohawk Valley Community College Campus

In 2020, the Childhood Education Program at MVCC enrolled 61 students. There are no residence halls utilized at this location. The Childhood Education Program at MVCC employed 6 faculty/staff in 2020.

Security of and Access to Campus Facilities

Students, faculty, and employees have access to academic and administrative facilities on campus during regular hours of operation. The public can attend events on campus that are open to the public, with their access limited only to the facilities in which these events are held. To report any violations of this policy or to report a suspicious person, dial 315-731-5777 for the MVCC Department of Public Safety. The MVCC Campus may also report suspicious or criminal activity to the Utica Police Department, located at 413 Oriskany Street, West, Utica, NY 13502 or by calling 315-735-3301. A Memorandum of Understanding is in effect with the Utica Police Department.

Code of Student Conduct

Student conduct is regulated by the Code of Student Conduct. The Code is available on line and hard copies can be obtained at the Student Development Office. In compliance with an April 2004 directive from the SUNY Chancellor, all students are required to receive and positively affirm they have read and understand the Code on an annual basis. Access to registration is denied to students who have not completed the affirmation. Sanctions for violation of the Code include: Suspension, Restrictive Disciplinary Probation, General Probation, Residence Hall License Revocation, Residence Hall Transfer, Residence Hall Probation, Residence Hall Ban, a letter of reprimand, Restitution of property, Educational sanctions, Dismissal, a letter of admonishment. The results of disciplinary hearings are considered confidential except as permitted by law and FERPA exception.

SUNY Oneonta is committed to maintaining an environment in which students, faculty, staff and guests can work together free from all forms of harassment, exploitation and intimidation.  SUNY Oneonta will act as needed to discourage, prevent, correct and if necessary discipline behavior that violates this standard of conduct.  The University Police department will promptly investigate allegations of unlawful discrimination based on race, color, sex, religion, age, national origin, marital status, sexual orientation, disability, or status as a veteran.  Allegations of unlawful discrimination can first be discussed with the Counseling Center, the Office of Student conduct, the Affirmative Action Officer, or the Vice President for Student Development.

Campus Law Enforcement – Jurisdiction and Authority

Although SUNY Oneonta has a fully sworn police force, the state jurisdictional code indicates that law enforcement authority at Mohawk Valley Community College rests with the Department of Public Safety and the Utica Police Department. Mohawk Valley Community College Department of Public Safety employs both Public Safety Officers and Senior Public Safety Officers. The fundamental difference between the two is that the Senior Public Safety Officers are sworn law enforcement officers who are designated as Peace Officers under New York State Criminal Procedure Law. Senior Public Safety Officers have full arrest powers on the college campus and criminal incidents are referred to the Senior Public Safety Officers. These officers have the authority to apprehend and arrest anyone involved in illegal acts on-campus. Their jurisdiction encompasses all campus property.

Mohawk Valley Community College Public Safety Officers have the authority to ask persons for identification and to determine whether individuals have lawful business at Mohawk Valley Community College. Public Safety Officers have the authority to issue tickets on Mohawk Valley Community College property or property leased by Mohawk Valley Community College. Public Safety Officers do not possess arrest powers.

If minor offenses involving College rules and regulations are committed by a Mohawk Valley Community College/SUNY Oneonta student, any Department of Public Safety Officer may also refer the individual to the Office of Community Standards at SUNY Oneonta for Code of Student Conduct charges.

Mohawk Valley Community College Department of Public Safety and the Utica Police Department have jurisdiction on campus to investigate crimes through a Memorandum of Understanding. The New York State Police and the Oneida County Sheriff’s Department also have jurisdiction on campus and will respond when the local police are not available or need assistance. The Mohawk Valley Community College Department of Public Safety maintains a professional working relationship with each of the agencies with concurrent jurisdiction.

Major offenses such as rape, murder, aggravated assault, robbery, and auto theft are reported to the Utica Police Department and joint investigative efforts with investigators from the MVCC DPS and city police are deployed to solve these serious felony crimes. The prosecution of criminal offenses, both felony and misdemeanor, are conducted at Utica City Court, located at 411 Oriskany Street West Utica, New York 13502 for the Utica Campus.

All crime victims and witnesses are strongly encouraged to immediately report crime to the Department of Public Safety and the Utica  Police Department. Prompt reporting will assure timely warning notices on campus, timely disclosure of crime statistics and will assist the appropriate law enforcement agency in its investigation of crimes occurring on campus.

Crime Reporting

To report a crime or an emergency on the Utica campus contact the Mohawk Valley Community College Department of Public Safety at (315) 792-5566 or by dialing extension 5777 from any phone within the College system, to include the emergency red phones. On the Rome Campus, you may dial (315) 334-3559 or extension 7270 from any phone on campus. Additionally, calls from on-campus emergency blue-light phones directly access the MVCC DPS. The locations of all emergency blue-light phones are listed on the Mohawk Valley Community College Department of Public Safety webpage, and can also be viewed on page 69 of this manual.

Reports of crime can also be made to any Campus Security Authority. Examples of Campus Security Authorities are but not limited to: The Dean of Students who oversees student housing, a student center of student extracurricular activities; or a Director of Athletics, a team coach or a faculty advisor to a student group; or a Resident Director. If someone has significant responsibility for student and campus activities, he or she is a campus security authority. It is the Campus Security Authority’s primary responsibility to report allegations made in good faith, to the Department of Public Safety, which has been designated as the reporting structure of Mohawk Valley Community College.

If you see something suspicious, report it. Information on criminal activity may also be reported anonymously to www.mvcc.edu/hawkeyetip. In addition, you may report a crime to the following:

Coordinator of Health Services Alumni College Center 104    Ext. 5683
Department of Public Safety Academic Building 109          Ext. 5566
Associate Dean, Student Development Payne Hall 115           Ext. 5401
Associate Dean Student and Res Life Alumni College Center  208A            Ext. 5361
Dean of the Rome Campus Plumley Complex 127B         Ext. 7701

For staff and students living off campus:

To report a crime that occurs off campus by phone call 911 or (315) 792-5566. If there is a need to report a crime in person, the Utica Police Department is located at 413 Oriskany Street, West, Utica, NY 13502 or call (315) 735-3301. The Rome Police Department is located at 301 North James Street Rome, NY 13440 or call (315) 339-7780. The Department of Public Safety and both the Utica Police Department and Rome Police Department each have a separate, working Memorandum of Understanding, Article 129-A, Subsection 6434 of the Education Law of New York. The Executive Director of Public Safety and Emergency Management attends monthly meetings with state, county and local law enforcement agencies to exchange ideas and discuss problems which may be of concern for the college community.

Voluntary Confidential/Anonymous Reporting:

If you are the victim of a crime and do not want to pursue action within the college system or the criminal justice system, you may still want to consider making a confidential report. With your permission, any member of the campus community can file a report on the details of the incident without revealing your identity.

Incidents can also be reported anonymously: www.mvcc.edu/hawkeyetip.

All information left on the Hawkeye tip line is confidential. The purpose of a confidential report is to comply with your wish to keep the matter confidential, while taking steps to ensure the future safety of yourself and others. With such information, the college can keep an accurate record of the number of incidents involving both students and staff, determine if there is a pattern of crime with regard to a particular location, method, or assailant, and alert the campus community to potential danger. Reports filed in this manner are counted and disclosed in the annual crime statistics for the college.

Limited Voluntary Confidential Reporting:

The Mohawk Valley Community College Department of Public Safety encourages anyone who is the victim or witness to any crime to promptly report the incident. Therefore, the Department of Public Safety records may at times, be considered public records under state law, the Department of Public Safety cannot hold reports of crime in confidence. Confidential reports for the purposes of inclusion in the annual disclosure of crime statistics can generally be made to Campus Security Authorities.

Examples of Campus Security Authorities are but not limited to: The Dean of Students, a student center of student extracurricular activities; or a Director of Athletics, a team coach or a faculty advisor. If someone has significant responsibility for student and campus activities, he or she is a campus security authority.

Confidential reports of crime may also be made online at www.mvcc.edu/hawkeyetip.

Confidential Reporting Procedures in Regards to Counselors:

As a result of the negotiated rulemaking process which followed the signing into law, the 1998 amendments to 20 U.S.C. Section 1092(f), clarification was given to those considered to be campus security authorities. Campus “Pastoral Counselors” and Campus “Professional Counselors”, when acting as such, are not to be considered to be a campus security authority and are not required to report crimes for inclusion into the annual disclosure of crime statistics. As a matter of policy, they are encouraged; if and when they deem it appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary basis for inclusion into the annual crime statistics.

Pastoral Counselor Defined: An employee of an institution who is associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling and who is functioning within the scope of that recognition as a pastoral counselor.

Professional Counselor Defined: An employee of an institution whose official responsibilities include providing psychological counseling to members of the institution’s community and who is functioning within the scope of his or her license or certificate.

Timely Warnings

In the event that a situation arises, either on or off campus, that, in the judgment of the Executive Director of Public Safety and Emergency Management, or in the judgement of the Vice President of Administrative Services, or in the judgement of the Vice President of Student Affairs, in consultation with the President, constitutes an ongoing or continuing threat to the College community a campus-wide “Security Alert” will be issued to serve as a timely warning and to aid in the prevention of similar crimes. Information is released to the college community through timely warnings posted prominently throughout campus and emailed to all student, faculty and staff. Victim’s names will never be disclosed in the alerts or to the media.

Depending on the particular circumstances of an emergency, especially in all situations that could pose an immediate threat to the college community and individuals, the Department of Public Safety will also activate the college emergency notification system. In such instances, a notice will be posted on the college web site and a copy of the notice will be posted in each residence hall, the student center, outside the dining hall, student life offices and the mail room. Anyone with information warranting a security alert or timely warning should report the circumstances to the Department of Public Safety office by phone (315) 731-5777 or in person in the Academic Building room 109 on the Utica Campus, or by reporting to the DPS in the Plumley Complex room 119 or by calling (315) 334-3559 on the Rome Campus.

In addition to the MVCC Emergency Alert system and crime alerts, the DPS may employ a variety of communication methods to inform building occupants or a larger portion of campus about imminent safety threats. Communication methods will be employed based on a number of factors that will be evaluated for each incident, such as the nature and extent of the threat, the technology available in that building or area, the time of day, ect. Other communication methods may include the use of the a public announcement broadcasting system, door-to-door notification, fire alarm systems, digital signage, the College webpage, vehicle-mounted bullhorns, mass media, NY Alert message and the AVAYA phone system.

The AVAYA phone notification system which works similarly to a reverse call back. AVAYA phones are located in every classroom and office on campus, the system network allows for the speaker on the phone to relay an emergency message.

Emergency Response, Notification, and Evacuation Procedures

If the Executive Director of Public Safety and Emergency Management, or his/her designee, confirms that there is an emergency or dangerous situation that poses an immediate threat to the health or safety of some or all members of the MVCC community, the Office of Marketing and Communications has been charged by the President with managing all communications outreach and information dissemination during a crisis. The Office of Marketing and Communications will determine the content of the message and will use some or all of the systems described below to communicate the threat to the MVCC Community or to the appropriate segment of the community, if the threat is limited to a particular building or segment of the population. The Office of Marketing and Communications will, without delay and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless issuing a notification will, in the judgement of the First Responders, compromise the efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency.

Immediate Response

  I.         Assess situation and level of impact

II.         President, Incident Commander and/or Director of Communications will determine if an official statement should be prepared and released to campus. The statement will be reviewed and approved for dissemination when possible. Completed templates should be referred to when available/applicable.

III.         The Director of Marketing and Communications or his designee in concert with President and Incident Commander (if time permits) will determine the most effective and efficient method of communications to on-campus and off-campus constituencies. This shall include the determination of the appropriate segment or segments of the campus community to receive a notification.

The entire campus community will be notified when there is at least the potential that a very large segment of the community will be affected by a situation, or when a situation threatens the operation of the campus as a whole. There will be a continuing assessment of the situation and additional segments of the campus community may be notified if the situation warrants such action.

In the event of a serious incident that poses an immediate threat to members of the MVCC community, the College has various systems in place for communicating information quickly. Some or all of the below methods of communication may be activated in the event of an immediate threat to the MVCC campus community.

Ø  E-Mail - Director of Marketing and Communications or his designee will send e-mail out to ALL STUDENTS, ALL STAFF, ALL FACULTY, ALL ADMINISTRATION, using College Outlook mail system. Office of the President staff will forward message to ALL TRUSTEES upon direction of the President

Ø  PA System - If an incident requires immediate communication via the PA system, a message will be provided to the campus by the President or his designee.

Ø  Bullhorns - If it is necessary to communicate via bullhorns (power outage, building evacuation, lockdown, mass gathering crowd control or direction), a message will be provided by the President or his designee.

Ø  Hand-Delivery of Messages - If deemed the most effective and safe means of communicating, hand-delivered messages will be drafted by the Director of Communications or his designee and disseminated accordingly.

Ø  Office of Communications - will update information on an alert Director of Marketing and Communications will consider updating home page of College Web site under News & Events

Ø  Two-way radios - Two-way radios will be used for ongoing communications between Public Safety, Physical Plant (including Housekeeping), and the Resident Director on Duty. The Incident Commander will be issued a two-way radio at the time of the incident, which will allow him/her to communicate with Campus Safety and Physical Plant personnel.

Ø  NY Alert - An instant, mass notification system which enables students, employees and parents to receive emergency nonfictions and updates through SMS text messaging, emails and/or fax. NY Alert is a free, voluntary services provided by the State of New York to all SUNY campuses. Students and employees can sign up for NY Alert by going to the MVCC homepage, and clicking on the “SIRS” link.

The SIRS link is an internet based student and staff system that will allow you to enter your information into the NY Alert system. The information you enter is held as confidential and will only be used by the State Office of Emergency Management to provide you with emergency information should there be an incident. Parents may receive NY Alert messages though student sign up. If you are a parent and would like to receive the alerts, have your student add your cell phone and/or email information to his/her account.

Ø  College Televisions - The Director of Marketing and Communications or designee will provide for updated messages to be published via MVCC’s on-campus flat-panel information kiosks.

Ø  Website - The MVCC homepage will include all of the information regarding an emergency situation that would be included via e-mail

Ø  Determine if other constituents need to be communicated with and how.

With the aforementioned array of communication systems, in the event of a campus emergency it is likely that several of the methods shall be employed to ensure the maximum number of people are notified in the quickest manner.

Evacuation Procedures:

Evacuation of buildings is kept to a minimum so as not to disrupt activities or have complacency set in. When the fire alarm is initiated and an evacuation is in progress, elevators are not to be used and are kept for use by Department of Public Safety personnel only.

Procedure

1)    Upon initiation of the fire alarm, the building should be evacuated of all people as quickly as possible. All faculty, staff and students shall take all their personal items with them. In the event the audible fire alarm does not activate, Department of Public Safety personnel with the assistance of Facilities and Operations personnel, will conduct a systematic search of the entire building to inform occupants to evacuate. Upon completion of the room-by-room search, Public Safety and Facilities & Operations persons will position themselves at the building doors to prevent anyone from re-entering.

2)    The faculty are to review evacuation procedures during the first week of classes. Faculty and staff are to ensure the complete evacuation of their areas of responsibility. Turn off lights and close the door behind you. Escort any students with mobility impairments to the closest “Area of Refuge” or “Area of Rescue Assistance” and wait until Department of Public Safety personnel or Facilities and Operations personnel arrive.

3)    All persons will move in an orderly manner, to a safe distance of not less than 50 feet from the building and out of roadways.

4)    Any persons (college students or employees) with special needs should be attended to as quickly and safely as possible (see evacuation of mobility impaired below).

5)    Under no conditions will evacuees be allowed back into a building until the building has been inspected and found safe for re-entry. Only Department of Public Safety personnel and Emergency personnel can give an “all clear” signal.

MVCC IS NOT RESPONSIBLE FOR ITEMS LEFT IN THE BUILDING

Emergency Evacuation Guidelines for Faculty, Staff and Students with Disabilities:

MVCC is committed to providing equal access to safe egress for any visitor or member of the community including additional assistance if required, to effectively alert, evacuate, and/or shelter them during an emergency. To be successful in providing this assistance, the Emergency Evacuation Procedures require the cooperation of every member of the College community. Some members of the community are specially trained to identify and assist persons who may need aid in an emergency.

Any individual requiring assistance is encouraged to develop a Personal Emergency Plan (PEP) and update his/her self-identification information semi-annually, no later than September 30 and February 30 of each calendar year, or whenever circumstances warrant an update (e.g., changes in his/her condition that would require a change in assistance).

During the first class of each semester, faculty should announce the locations of fire exits and Areas of Rescue /Safe Wait Areas serving that classroom and/or lab. They will also review the requirement to leave the facility and follow instructions of safety personnel whenever an alarm sounds. They will also remind students to assist people with disabilities, and to let Public Safety personnel know of the location of anyone who cannot leave the building independently.

A part of every faculty and staff orientation package includes an introduction to the College's Emergency Evacuation Procedures, and an opportunity to initiate a Personal Emergency Plan (PEP).

At all MVCC on-campus events, including Cultural Series and DGV events, the ‘housekeeping announcement’ proceeding each occasion includes identification of the exits and Areas of Rescue available in case of emergency.

Residence Hall personnel introduce new students to the College's Emergency Evacuation Procedures, and have information on where to go on campus to prepare a Personal Emergency Plan (PEP). If students live in the residence halls, the residence hall evacuation plan is discussed as part of student orientation.

Crime Prevention Activities

Crime prevention programs on personal safety and theft prevention are sponsored by various campus organizations throughout the year. MVCC Department of Public Safety personnel facilitate programs for student, faculty, staff and new employee orientations, and student organizations.

The Department of Public Safety is regularly available to provide safety and security awareness, crime prevention programs, emergency response training, drug awareness, drinking and driving awareness, and other awareness training requested by students or staff.

In an effort to deter crime, MVCC DPS provides an escort service, 24 hours a day. If a student would like an escort on the Utica campus, they can call 5777 from any emergency red phone, use any emergency blue phone, or call (315) 731-5777 to request an escort.

The Department of Public Safety has developed a poster program which consists of distributing 11” x 17” color posters throughout both Campuses. The posters are designed to continually inform community members of important information. Crime prevention tips are also displayed on the digital TV monitors throughout campus in an effort to compliment the posters.

MVCC Marketing and Communications broadcasts to all MVCC faculty and staff a weekly email publication called the “Communitas,” and daily email called “MVCC TODAY”. Communitas is a weekly publication hosted on MVCC’s main webpage which focuses on stories of interest for the College community and has incorporated crime prevention tips into its body. Additionally, MVCC TODAY is sent via email daily, informing the campus community of daily campus itineraries and includes information on how to report crime, in person or anonymously as well as a link to the complete Annual Security Report.

In compliance with NYS education law 129A, SUNY Oneonta has a Personal Safety Committee 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. This committee meets monthly and provides an annual report to the president and chief of police. The MVCC campus has the same committee and is in place to review current security policies and procedures and make recommendations for improvement. This advisory committee is responsible for ensuring that procedures for educational programs on safety, sexual assault and crime prevention are in place and that reporting, referral, counseling and response mechanisms for security and safety are also updated and monitored regularly.

The Safety and Security Committee reports to the President through the College Senate, findings and recommendations at least once each academic year, and such report shall be available upon request.

Policy on Alcohol and Drugs

The Public Safety Officers and Police enforce laws regulating underage drinking and the use of controlled substances and weapons. The illegal possession and/or use of marijuana, barbiturates, amphetamines, hallucinogenic compounds, narcotics and other controlled substances are in violation of state and federal law. SUNY Oneonta complies with the requirements of the New York State Alcohol Beverage Control Law and the New York State Penal Code, which provides that “no person under the age of 21 will possess any alcoholic beverage with the intent to consume such beverage.” The campus alcohol policy prohibits alcoholic beverages in residence halls and at student events. On a limited and highly selective basis, the campus policy is waived and alcoholic beverages are served at student functions in accordance with federal, state, and local laws. The Division of Student Development provides counseling and regularly offers programs and courses on drugs and alcohol. Under certain circumstances, SUNY Oneonta notifies parents of violations and makes mandatory referral to an alcohol and drug education program. The possession, sale or use of any illegal drug on campus will not be tolerated and the penalty for violation is very severe. College policy prohibits open containers of alcoholic beverages in all outside areas on the campus. Bringing alcoholic beverages to any public or private event on campus is not permitted. Members of the campus community in need of assistance with respect to a question or personal problem regarding alcohol or other drugs should contact the student health center, at (607) 436-3573.  A complete description of SUNY Oneonta’s drug and alcohol policy and abuse education programs as required under Section 120(a) through (d) of the HEA can be found in the Code of Student Conduct at http://www.oneonta.edu/development/judicial . SUNY Oneonta complies with the Drug-Free Schools and Communities Act (DFSCA). The materials we use to comply with DFSCA can be found at http://www.oneonta.edu/development/health/drugandalcoholabuse.asp .

The MVCC campus prohibits the possession, sale or furnishing of alcohol on the premises. The enforcement of alcohol laws on campus is the primary responsibility of the MVCC Department of Public Safety. The MVCC campus has been designated “drug free” and only under certain circumstances is the consumption of alcohol permitted. The possession, sale, manufacture or distribution of any controlled substance is illegal under both state and federal laws. Such laws are enforced by the MVCC DPS. Violators are subject to College disciplinary action, criminal prosecution, fine and imprisonment.

Weapons on Campus

1.         Possession or keeping of a deadly weapon or dangerous instrument on campus (including in any vehicle), or use of any object with intent to harm another, is prohibited.  Deadly weapons or dangerous instruments include, but are not limited to, firearms, explosives, explosive devices, knives, blackjacks, chukka-sticks, sling shots, kung fu type weapons.

2.         Possession or use of fireworks, firecrackers, etc., is also prohibited.

3.         Possession of any CO-2 type firearm, spring-powered firearms, chemical aerosol spray, or pepper aerosol spray is also prohibited.

Violators of any section of this policy will be subject to possible criminal prosecution, if applicable, and appropriate disciplinary action from SUNY Oneonta.

Sexual and Interpersonal Violence

Sexual violence is a violation of college policy and federal civil rights law and may also be subject to criminal prosecution. SUNY Oneonta prohibits all forms of violence and threats of violence on campus, including sexual violence, sexual assault, domestic violence, dating violence, and stalking, whether in the academic setting or workplace. We strive to create a campus community that is wholly intolerant of sexual harassment and all forms of abuse and violence. SUNY Oneonta is committed to providing crisis intervention measures and a campus response that protects the rights of the victim and the accused; referring students to criminal authorities; and educating and promoting continual discussion of interpersonal abuse and violence issues and prevention. Offenders are subject to appropriate campus adjudication processes, disciplinary action, and criminal proceedings. Interim measures may be imposed pending the outcome of any adjudication.

Response Procedures

When an incident of sexual violence, domestic violence, dating violence, or stalking is reported, the college provides victims with available options, remedies, and services. SUNY Oneonta’s response to sexual assault may involve a number of individuals and agencies, including University Police or local law enforcement, the Title IX officer, medical and counseling services personnel, and Residential Community Life staff. On-campus cases receive a timely campus-based investigation that is confidential and thorough and protects individual rights and due process. SUNY Oneonta 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, pastoral counselors acting in their professional capacities can maintain confidentiality. Other reporting agents can treat information as privileged and private, but are required to communicate information with the Title IX Coordinators. 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 violence is prohibited conduct as specified in the SUNY Oneonta Code of Student Conduct found at www.oneonta.edu/judicial. Both the victim and the

accused are afforded equitable rights during the investigative process.

Whenever a violent or sex related crime is reported to a member of the SUNY Oneonta campus community they have been trained to contact the Title IX coordinator and provide the victim with emergency resources such as medical attention, counseling services, and/or call University Police for ongoing safety concerns. The victim may decline such services. Injured victims are transported to Bassett Hospital or another appropriate health-care facility. When a victim reports sexual violence, dating violence, domestic violence or stalking, they will meet with approved Title IX investigators and be provided with written notification of available options, their rights and assistance with accommodations in academic, living, transportation and working situations, as well as protective measures that can be taken on campus and within the community. This process is the same for students and employees. Victims will be advised of their option to report to an appropriate law enforcement agency, if they haven’t already, and be assisted with such a report. They may also decline to involve law enforcement and elect to use the Student Code of Conduct process or the Title IX grievance procedure. Where applicable the institution may aid the victim in gaining an order of protection and or a no contact order from the institution. These accommodations and/or protective measures are available to the victim regardless of whether they choose to report the crime to law enforcement.

With all violent felony or sex-related crimes, immediate collection of evidence is crucial. Victims are reminded of the importance of evidence preservation and are encouraged not to destroy evidence by bathing, showering, changing clothes, combing hair, drinking, eating, or doing anything to alter their physical state or appearance until after a physical exam has been completed. Officers work quickly to secure the crime scene and implement proper investigative measures, including basic interviews to ascertain the nature of the crime. If the perpetrator of a crime is at large or is unidentified, it is critical to the safety of the campus and community that the interview be conducted as soon as possible and timely warnings issued if appropriate.

Disciplinary Procedures

In cases of sexual assault, domestic violence, dating violence, or stalking the College will provide a fair, prompt, and impartial process from investigation to conclusion. Hearings officers receive annual training on issues related to dating violence, domestic violence, sexual assault, and stalking, including the hearing process and how to conduct an investigation that protects the safety of victims and promotes accountability. If the accused is a student, the standard of evidence used in an institutional disciplinary hearing will be preponderance of the evidence.

Both accusers and accused are entitled to notification of charges and hearing date, as well as the same opportunity to have an adviser of their choice present at any hearing or related meetings. Both parties will be informed simultane­ously in writing of the outcome of any institutional disciplinary proceedings that arise from an allegation of domestic violence, dating violence, sexual assault, or stalking; the college’s procedures for the accused and the accuser to appeal the results; changes that occur along the way; and the final results of any appeals. Compliance does not constitute a violation of the Family Educational Rights and Privacy Act (FERPA). These protections apply 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.

The procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking, including the steps, anticipated timelines, and decision-making process for each, are delineated in the Code of Student Conduct for students and the full Sexual Violence Response policy for employees and students.

SUNY Oneonta will periodically update the alleged victim of a crime of violence or a non-forcible sex offense on the status of the case, and will disclose to the alleged victim the results of any disciplinary hearing conducted by the college against the student who is the alleged perpetrator of the crime or offense. If the alleged victim is deceased as a result of the crime or offense, the College will provide the results of the disciplinary hearing to the victim’s next of kin, if so requested.

Students:

Student alleged incidents of 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 Office of Community Standards. Reports to the Office of Community Standards will be processed in accordance with the Code of Student Conduct. With the exception of very minor cases of stalking that could also be referred for a Residence Hall Director meeting if the student lives on campus, cases will be adjudicated through an Administrative or Standing Disciplinary Board Hearing. The hearing type is determined by the egregious nature of the case. A more serious crime will always be adjudicated by the Standing Disciplinary Board.

An incident report will be filed with the Community Standards office. An investigation will be conducted and the type of hearing will be decided upon. Students are notified in writing of the date and time of their hearing, as well as the charges. An Administrative hearing is held with one College Administrator hearing the evidence and making the decision. The Standing Disciplinary Board is comprised of 7 faculty, staff, and student representatives. The case would be presented to them and they make a determination based on a majority vote. SUNY Oneonta’s student conduct processes uses a preponderance of evidence standard for a responsible finding. If found responsible, the sanctions may include suspension or expulsion from the institution, community service, educational program, no contact order, housing revocation, housing transfer, or probation.

Interim measures may be taken by the vice president for student development and/or her/his designee may impose a temporary disciplinary suspension or other restrictions (housing revocation, no contact order or persona non grata status) 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 emotion safety and well-being; or if the student poses a definite threat of disruption or interference with the normal operations of the College.

Student Bill of Rights

Student’s Bill of Rights

The State University of New York and SUNY Oneonta 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:

• Receive resources, such as counseling and medical attention;

• Confidentiality or anonymously disclose a crime or violation (for detailed information on confidentiality and privacy visit

www.oneonta.edu/knowviolence/Reporting.asp )

• Make a report to:

o An employee with the authority to address complaints, including the Title IX Coordinator, a Student Conduct employee, or a

Human Resources employee;

o University Police;

o Local law enforcement; and/or

o Family Court or Civil Court.

The complete Code of Student Conduct, including the Sexual and Interpersonal Violence policy can be found here: http://www.oneonta.edu/communitystandards/code-of-student-conduct.asp

Employees

The full Sexual Violence Response policy for employees and students can be found here: http://www.oneonta.edu/knowviolence/SVPolicy.asp

Harassment & Sexual Harassment policy: https://www.suny.edu/sunypp/documents.cfm?doc_id=451

Workplace Violence Policy: http://www.oneonta.edu/security/documents/WorkplaceViolence%20Policy.pdf

The Domestic Violence in the Workplace Policy and Procedures: https://www.oneonta.edu/admin/humres/HR/HR_images/DomVio%20Policy.pdf

Excerpt – 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.”

Several support options in order to mitigate reoccurrences of domestic violence in an effort to protect all employees including the victim: Advising co-workers, supervisors, and , upon request, the employee’s bargaining representative, of the situation; setting up procedures for alerting University Police, temporary relocation of the victim to a secure area; options for voluntary transfer or permanent relocation to a new work site; change of work schedule; escort for entry to and exit from the building; responding to telephone, fax, email or mail harassment; keeping a photograph of the abuser and/or a copy of any existing court orders of protection in a confidential, on-site location and providing copies to University Police; the College will address any additional concerns raised by a situation in which both the victim and offender are

employed by the College. Employees may also opt to report prohibited behaviors to the Title IX Coordinator.

Privacy

SUNY Oneonta will protect the privacy of all parties to a complaint or other report of sexual violence, dating violence, domestic violence, or stalking to the extent possible. The College will complete publicly available record keeping in accordance with federal and state law, without the inclusion of personally identifying information about the victim. When the College receives complaints of violence an obligation exists to respond in a way that limits the effects of the violence and prevents its recurrence. Information will be shared as necessary in the course of an investigation with people who need to know, such as investigators, witnesses, the reporting individual, and the respondent. If you are the reporting individual and are unsure of someone’s duties and ability to maintain your privacy, ask them before you talk to them. Staff members at certain resources are obligated by law to maintain confidentiality, including the Counseling Center staff on-campus and the local rape crisis center off-campus. Contact information for both of those facilities and further information on options for confidentiality and privacy can be found here: http://www.oneonta.edu/knowviolence/Reporting.asp  .

Prevention and awareness programs

The college continually works to develop and hone curricular and co-curricular educational programs on personal safety precautions and prevention, crime reporting, medical and counseling services, availability of legal services, the college discipline system, and sexual assault prevention. University Police, the Health Center, the Counseling Center, and the Office of Equity and inclusion, Residence Life and New Student Services all conduct ongoing educational campaigns for students, faculty, and staff to promote safety and awareness and aid in the prevention of sexual violence, dating violence, domestic violence, and stalking. Students and employees learn about these programs during first-year, transfer, and graduate orientations each semester; via SUNY Oneonta presentation online education component, Campus Clarity; through ongoing extracurricular educational programming during the semester; and through presentations to students in the residence halls each semester. Programs are designed to promote positive behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention tactics, and positively influence behavior and social norms.

Primary prevention and awareness programs for all incoming students and employees include:

• a clear statement of the prohibition of sexual assault, rape, dating violence, domestic violence, and stalking at SUNY Oneonta;

• definitions of sexual assault, rape, dating violence, domestic violence, and stalking in the applicable jurisdiction (see Definitions section below for full list);

• a definition of consent, with reference to sexual offenses, in the applicable jurisdiction (see Definitions section below for full list);

• information on safe and positive bystander intervention that an individual may take to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual;

• information on risk reduction, how to recognize warning signs of abusive behavior, and how to avoid potential attacks;

• information on institutional disciplinary procedures, sanctions, and protective measures in cases of VAWA crimes;

• procedures that victims of VAWA crimes should follow, including

— the importance of preserving evidence of such crimes;

— how and to whom the alleged offenses should be reported;

— rights and options regarding law enforcement and campus authorities, including the victim’s options to notify proper law enforcement authorities, assistance from campus authorities with such notification, and the victim’s right to decline to notify;

— victims’ rights and the college’s responsibilities for orders of protection as well as options for and available assistance with changing academic, living, transportation, and working situations, regardless of whether the victim reports the crime to campus police or law enforcement;

— available services, including counseling, health, mental health, victim advocacy, and legal assistance.

• ongoing prevention and awareness campaigns for current students, faculty, and staff on all of the above.

Beginning in fall 2015, student leaders and officers of recognized student organizations and those seeking recognition began to complete training on domestic violence, dating violence, sexual assault, and stalking prevention as part of the approval process. Student-athletes also began to complete training in domestic violence, dating violence, sexual assault, or stalking prior to participating in intercollegiate athletics.

Specific prevention and awareness programs include:

Take Back the Night

SUNY Oneonta participates in Sexual Assault Awareness Month each April with a series of campus wide events to educate the campus community about ways to prevent violence, especially sexual assault and other VAWA crimes. Violence Prevention Week features a variety of activities for students, faculty, staff, and the larger community, culminating in Take Back the Night, the international event designed to raise awareness and promote the prevention of sexual violence in all forms.

Campus Clarity online program

The “Think About It” program and supplemental programs are used at SUNY Oneonta to educate all incoming students prior to orientation, about the assumptions and stereotypes associated with sexual violence, dating violence, domestic violence, stalking, and harassment. It also helps students understand the meaning of consent, how to help a friend, and how to intervene in a situation that might escalate to a sexual assault. Students who do not complete the program are prohibited from registering for classes.

Health 101

This is an outreach newsletter program to deliver periodic messages and content to students about sexual and interpersonal violence prevention, as well as other health related issues.

kNOw Violence

This is a committee that is charged with sustaining ongoing educational programs and campaigns regarding sexual and interpersonal violence. They conduct several programs per year and usually undertake one large scale campaign per year.

Green Dot training

Bystander intervention training was offered to student leaders, residence life staff, and to all student within residence halls who elected to participate. These trainings are offered on an ongoing basis.

Employee online education programs

All employees are required annually to complete four online education courses; preventing sexual misconduct, preventing discrimination and harassment, preventing workplace violence, and reporting child sexual abuse.

Definitions

New York State Law 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.

a) 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.

b) Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.

c) Consent may be initially given but withdrawn at any time.

d) 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.

e) Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm.

f) When consent is withdrawn or can no longer be given, sexual activity must stop.

Underage persons cannot legally consent to sexual activity. The age of consent in NYS is 17.

Crime Definitions – New York State

Dating Violence: New York State does not specifically define “dating violence.” However, under New York Law, intimate relationships are covered by the definition of domestic violence when the act constitutes a crime listed elsewhere in this document and is committed by a person

in an “intimate relationship” which the victim. See “Family or Household Member” for definition of intimate relationship.

Domestic Violence: An act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction or breaching or blood circulation, or strangulation; and such acts have created a substantial risk of physical or emotional harm to a person or a person’s child. Such acts are alleged to have been committed by a family member. The victim can be anyone over the age of 16, any married person or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of the act.

Family or Household Member: Person’s related by consanguinity or affinity; Persons legally married to one another; Person formerly married to one another regardless of whether they still reside in the same household; Persons who have a child in common regardless of whether such

persons are married or have lived together at any time; Unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household; Persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an “intimate relationship” include, but are not limited to: the nature or type of relationship regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”; Any other category of individuals deemed to be a victim of domestic violence as defined by the office of children and family services in regulation. Intimate relationship status shall be applied to teens, lesbian/gay/bisexual/transgender, and elderly individuals, current and formerly married and/or dating heterosexual individuals who were, or are in an intimate relationship.

Parent: Natural or adoptive parent or any individual lawfully charged with a minor child’s care or custody.

Sexual Assault: New York State does not specifically define sexual assault. However, according to the Federal Regulations, sexual assault includes offenses that meet the definitions of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program.

Sex Offenses; Lack of Consent: Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without consent of the victim.

Sexual Misconduct: When a person (1) engages in sexual intercourse with another person without such person’s consent; or (2) engages in oral sexual conduct or anal sexual conduct without such person’s consent; or (3) engages in sexual conduct with an animal or a dead human body.

Rape in the Third Degree: When a person (1) engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) Being 21 years old or more, engages in sexual intercourse with another person less than 17 years old; or (3) engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.

Rape in the Second Degree: When a person (1) being 18 years old or more, engages in sexual intercourse with another person less than 15 years old; or (2) engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It is an affirmative defense to the crime of rape in the second degree the defendant was less than four years older than the victim at the time of the act.

Rape in the First Degree: When a person engages in sexual intercourse with another person (1) by forcible compulsion; or (2) Who is incapable of consent by reason of being physically helpless; or (3) who is less than 11 years old; or (4) who is less than 13 years old and the actor is 18 years old or more.

Criminal Sexual Act in the Third Degree: When a person engages in oral or anal sexual conduct (1) with a person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) being 21 years old or more, with a person less than 17 years old; (3) with another person without such persons consent where such lack of consent is by reason of some factor other than incapacity to consent.

Criminal Sexual Act in the Second Degree: When a person engages in oral or anal sexual conduct with another person (1) and is 18 years or more and the other person is less than 15 years old; or (2) who is incapable of consent by reason of being mentally disabled or mentally

incapacitated. It is an affirmative defense that the defendant was less than four years older than the victim at the time of the act.

Criminal Sexual Act in the First Degree: When a person engages in oral or anal sexual conduct with another person (1) by forcible compulsion; (2) who is incapable of consent by reason of being physically helpless; (3) who is less than 11 years old; or (4) who is less than 13

years old and the actor is 18 years old or more.

Forcible Touching: When a person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. It includes squeezing, grabbing, or pinching.

Persistent Sexual Abuse: When a person commits a crime of forcible touching, or second or third degree sexual abuse within the previous ten-year period, has been convicted two or more times, in separate criminal transactions for which a sentence was imposed on separate occasions of one of one of the above mentioned crimes or any offense defined in this article, of which the

commission or attempted commissions thereof is a felony.

Sexual Abuse in the Third Degree: When a person subjects another person to sexual contact without the latter’s consent. For any prosecution under this section, it is an affirmative defense that (1) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than 17 years old; and (2) such other person was more than 14 years old and (3) the defendant was less than five years older than such other person.

Sexual Abuse in the Second Degree: When a person subjects another person to sexual contact and when such other person is (1) incapable of consent by reason of some factor other than being less than 17 years old; or (2) less than 14 years old.

Sexual Abuse in the First Degree: When a person subjects another person to sexual contact (1) by forcible compulsion; (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old; or (4) when the other person is less than 13 years old.

Aggravated Sexual Abuse in the Fourth Degree: When a person inserts a (1) foreign object in the vagina, urethra, penis or rectum of another person and the other person is incapable of consent by reason of some factor other than being less than 17 years old; or (2) finger in the

vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than 17 years old.

Aggravated Sexual Abuse in the Third Degree: When a person inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person (1)(a) by forcible compulsion; (b) when the other person is incapable of consent by reason of being physically helpless; or (c) when

the other person is less than 11 years old; or (2) causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.

Aggravated Sexual Abuse in the Second Degree: When a person inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person by (1) forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old.

Aggravated Sexual Abuse in the First Degree: When a person subjects another person to sexual contact: (1) By forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than eleven years old; or (4) when the other person is less than thirteen years old and the actor is twenty-one years old or older.

Course of Sexual Conduct Against a Child in the Second Degree: When over a period of time, not less than three months, a person: (1) Engages in two or more acts of sexual conduct with a child less than 11 years old; or (2) being 18 years old or more engages in two or more acts of sexual conduct with a child less than 13 years old. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charges offense occurred outside of the time period charged under this section.

Course of Sexual Conduct Against a Child in the First Degree: When a person over a period of time, not less than three months in duration, a person: (1) Engages in two or more acts of sexual conduct, or aggravated sexual contact with a child less than 11 years old; or (2) being 18 years old or more engages in two or more acts of sexual conduct which includes at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact with a child less than 13 years old.

Facilitating a Sex Offense with a Controlled Substance: A person is guilty of facilitating a sex offense with a controlled substance when he or she: (1) knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person’s consent and with intent to commit against such person conduct constituting a felony defined in this article; and (2) commits or attempts to commit such conduct constituting a felony defined in this article.

Incest in the Third Degree: A person is guilty of incest in the third degree when he or she marries or engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person whom he or she knows to be related to him or her, whether through marriage or not,

as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.

Incest in the Second Degree: A person is guilty of incest in the second degree when he or she commits the crime of rape in the second degree, or criminal sexual act in the second degree, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.

Incest in the First Degree: A person is guilty of incest in the first degree when he or she commits the crime of rape in the first degree, or criminal sexual act in the first degree, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or half blood, uncle, aunt, nephew or niece.

Stalking in the Fourth Degree: When a person intentionally, and for not legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should

know that such conduct (1) is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person’s immediate family or a third

party with whom such person is acquainted; or (2) causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or

initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or (3) is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of

appearing, telephoning or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct.

Stalking in the Third Degree: When a person (1) Commits the crime of stalking in the fourth degree against any person in three or more separate transactions, for which the actor has not been

previously convicted; or (2) commits the crime of stalking in the fourth degree against any person, and has previously been convicted, within the preceding ten years of a specified predicate crime and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) with an intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person’s immediate family; or (4) commits the crime or stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree.

Stalking in the Second Degree: When a person: (1) Commits the crime of stalking in the third degree and in the course of and furtherance of the commission of such offense: (a) displays, or possesses and threatens the use of, a firearm, pistol, revolver, rifle, sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, sligshot, slungshot, shirken, “Kung Fu Star,” dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous instrument, deadly instrument or deadly weapons; or (b) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or (2) commits the crime of stalking in the third against any person, and has previously been convicted, within the preceding five years, of a specified predicate crime, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) commits the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree; or (4) being 21 years of age or older, repeatedly follows a person under the age of fourteen or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death; or (5) commits the crime of stalking in the third degree, against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted.

Stalking in the First Degree: When a person commits the crime of stalking in the third degree or stalking in the second degree and, in the course and furtherance thereof, he or she intentionally or recklessly causes physical injury to the victim of such crime.

Alcohol and/or 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 Oneonta 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 Oneonta strongly encourages student 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 that discloses any incident of domestic violence, dating violence, stalking or sexual assault to College officials or law enforcement will not be subject to SUNY Oneonta’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.

Sex Offender Registry Information

When the New York State Division of Criminal Justice Services (DCJS) notifies campus officials of the presence of a registered sex offender on campus, University Police will alert the campus community using the “timely warning” methods for criminal activity, in general or in a limited manner, as appropriate. This may include web notices, doorway signs, campus media, and e-mail messages. Warnings will indicate that a level 2 or level 3 sex offender is enrolled or employed at the college and will indicate that further information can be obtained at the DCJS website: www.criminaljustice.ny.gov.Information listed on the website may include name, address, physical description, crime of conviction, modus operandi, type of victim targeted, and special conditions imposed on parole.

The Campus Sex Crimes Prevention Act (CSCPA) of 2000 is a federal law that provides for the tracking of convicted sex offenders enrolled at, or employed at, institutions of higher education. The CSCPA is an amendment to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Act. The federal law requires state law enforcement agencies (in New York, it is the Division of Criminal Justice Services) to notify Mohawk Valley Community College regarding sex offenders who have indicated that they are either enrolled, employed or residing at MVCC.

The Mohawk Valley Community College Department of Public Safety maintains a list of Notices from the Department of Criminal Justice Services pertaining to sex offenders who have indicated that they are either enrolled, employed or residing at MVCC. The College is required to inform the campus community that a list of all registered sex offenders in New York State is available from the New York State Division of Criminal Justice Services. Information can be obtained by calling DCJS at 1-800-262-3257 or http://criminaljustice.state.ny.us/ MVCC is located in Oneida County, Utica Campus located in the city of Utica, and the zip code is 13501, the Rome Campus is located in the city of Rome, and the zip code is 13440.

The CSCPA further amends the Family Educational Rights and Privacy Act of 1974 (FERPA) to clarify that nothing in the Act can prohibit an educational institution from disclosing information provided to the institution concerning registered sex offenders.

This statement is provided in compliance with the Campus Sex Crimes Prevention Act of 2000 and New York State Corrections Law 6-C.

Missing Student Notification

Any member of the college community who believes a student may be missing, should file a report with the Department of Public Safety. It is the policy of Mohawk Valley Community College and the Mohawk Valley Community College Department of Public Safety to immediately accept and investigate reports of missing, lost or abducted students and children as defined by the New York State Executive Law 837, without delay and to promptly transmit all pertinent information to the President’s Office, Student Services, Utica Police Department as necessary and to the Division of Criminal Justice Services, when required.

Reports of missing students made to Student Services shall be turned over to Mohawk Valley Community College Department of Public Safety. The Department of Public Safety shall take the lead in all missing student cases until such time as the case is turned over to the Utica Police Department, by the Executive Director of Public Safety and Emergency Management or the On-Call Administrator. All reports of missing children from any location on campus will immediately be turned over to the Utica Police Department.

Any student living in an on-campus housing facility may register a confidential contact person to be notified in the case that the student is determined to be missing. If a student has identified such an individual, the MVCC DPS, Student Services staff or local law enforcement officials will notify that individual no later than 24 hours after the student is determined to be missing. Only authorized campus officials and law enforcement officers in furtherance of a missing person investigation may have access to this information. Students are encouraged to register a confidential contact when they complete The Mohawk Valley Community College Housing Application. In those cases where a student is reported missing and the student has not registered a contact person, the police will be notified of the incident.

After investigating a missing person report, should the Department of Public Safety determine that the student has been missing for 24 hours, the DPS will notify the Utica Police Department and the student’s emergency contact no later than 24 hours after the student is determined to be missing. The custodial parent or guardian of any student that is less than 18 years old and is not emancipated will be notified within 24 hours after the student has been confirmed as missing.

Daily Log

The MVCC Dept of Public Safety also maintains a daily log of crimes and incidents that occur on campus that is available for the public to view. The information is recorded by date, time and general location, and disposition of the complaint.  This daily log is available at the Public Safety department, Academic Bldg room 109 on the Utica Campus, or can be viewed at https://www.mvcc.edu/public-safety/public-information.php.  Please note that entries or updates are generally made within two business days after the event occurs.  Incidents or situations deemed to pose a threat to the campus community are logged as soon as possible. Sixty days’ worth of activity is posted; more can be made available upon request.

While most events are logged, the office of the Chief of University Police, may determine that an incident be classified as “confidential” in order not to jeopardize a criminal investigation or the identity of a victim.

Campus Crime Statistics

In accordance with recent updates to the “Campus Safety Act,” data are presented at the end of this report to review crime activity both on campus and on streets adjacent to campus property.  This information can also be found at http://ope.ed.gov/campussafety.  A map, which defines these areas, appears at the end of this report.  Reported on-campus offenses include all offenses reported on campus property and in campus buildings.  There are no “on-campus student housing facilities” that fall under SUNY Oneonta control on the MVCC Utica Campus.

Two other categories are presented in this chart: “non-campus buildings or property” and “public property.”  The first category, non-campus buildings or property, includes properties owned by student organizations officially recognized by the institution and those owned by the university outside the campus boundaries that appear on the map at the end of this report.  The offenses presented in this report include offenses reported by the local law enforcement agency with jurisdiction on and around campus, as well as our University Police. The second category, public property, includes thoroughfares, streets, sidewalks and parking facilities immediately adjacent to the campus.

The section on campus crime statistics also includes arrests and disciplinary referrals made to campus authorities for alcohol, drugs and weapons possession. As defined by the campus safety act, a disciplinary referral is an instance when a student is formally reported in writing to a university official for possible sanction.

As required by the Campus Safety Act, SUNY Oneonta is required to report hate crimes in this report.  For this reporting, a hate crime occurs when a person is victimized intentionally because of his or her actual or perceived race, gender, religion, sexual orientation, ethnicity or disability.

The crimes presented are based on reports filed with the following offices: Chief of University Police, Vice President for Student Development, Associate Vice President for Student Development, Director of Community Standards, Student Health Center, Office of Residential Community Life, Counseling Center, Director of Student Activities, Student Diversity and Advocacy, and Director of Athletics.  Formal requests for crime statistics for areas defined as “public property” and “non-campus buildings and property” were made with the Oneonta Police Department, the Town of Oneonta Police Department, and the Otsego County Sheriff’s Department, Utica Police Department and NY State Police.

Unfounded Crimes

A crime can only be unfounded if the report is found to be false or baseless. A crime is not considered unfounded if someone is found not guilty, not arrested, or not charged. Unfounding is an extreme and rare measure to be used when, using a reasonable investigative standard, sworn law enforcement believe that the reported crime did not happen. Only sworn/commissioned law enforcement can “unfound” a crime. This does not include a district attorney.

Crime Definitions

Unless otherwise noted:

• The definitions for murder, robbery, aggravated assault, burglary, motor vehicle theft, weapon law violations, drug abuse violations, and liquor law violations are excerpted from the Federal Bureau of Investigations Uniform Crime Reporting Handbook (UCR) (PDF).

• The definitions for forcible and non-forcible sex offenses are excerpted from the FBI’s National Incident-Based Reporting System (NIBRS) edition of the Uniform Crime Reporting Program. The law defines both the behavior and physical nature of a sex offense and the lack of consent involved. In New York State, the age of consent is 17.These definitions include instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including from the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of consent.

• The definitions for hate crime data collection are taken from the FBI’s Uniform Crime Reporting Hate Crime Data Collection Guidelines and Training Guide for Hate Crime Data Collection (PDF).Offenses include any incidents of larceny-theft, simple assault, intimidation, or destruction/damage/vandalism of property that were motivated by bias.

• The definitions for dating violence, domestic violence, and stalking are taken from Section 485(f) of the Higher Education Amendment, as amended by Section 304 of the Violence Against Women Reauthorization Act of 2013.

Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.

Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

Bias: A preformed negative opinion or attitude toward a group of persons based on their race, religion, national origin, disability, sexual orientation, ethnicity, gender, or gender identity.

Bias Crime: A committed criminal offense that is motivated, in whole or in part, by the offender’s bias(es) against a race, religion, national origin, disability, sexual orientation, ethnicity, gender, or gender identity; also known as Hate Crime.

Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes, this definition includes unlawful entry with intent to commit a larceny or felony, breaking and entering with intent to commit a larceny, housebreaking, safecracking, and all attempts to commit any of the aforementioned.

Criminal Homicide, Murder and Non-Negligent Manslaughter: The willful (non-negligent) killing of one human being by another.

Criminal Homicide, Negligent Manslaughter: The killing of another person through gross negligence. Gross negligence is the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another.

Dating Violence: Violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship.(ii) The type of relationship.(iii) The frequency of interaction between the persons involved in the relationship.

Disability Bias: A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age, or illness.

Domestic Violence: The term includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the applicable jurisdiction, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Drug Abuse Violations: The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.

Fondling (forcible): The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

Hate Crime: Bias Crime.

Hate Group: An organization whose primary purpose is to promote animosity, hostility, and malice against persons of or with a race, religion, national origin, disability, sexual orientation, ethnicity, gender, or gender identity that differs from that of the members or the organization, e.g., the Ku Klux Klan, American Nazi Party.

Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Liquor Law Violations: The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness. This includes the manufacture, sale, transporting, furnishing, possessing, etc., of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; underage posses­sion; using a vehicle for illegal transportation of liquor; drinking on train or public conveyance; attempts to commit any of the above.

Motor Vehicle Theft: The theft or attempted theft of a motor vehicle.

Rape, Except Statutory Rape (forcible): Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Sex Offense: Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.

Sexual Assault with an Object (forcible): To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

Sodomy (forcible): Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to— (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.

Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Weapon Law Violations: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature. This includes the manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, manufacturing, etc., of silencers; furnishing deadly weapons to minors; aliens possessing deadly weapons; attempts to commit any of the above.

CRIME STATISTICS

2020 Statistics

Mohawk Valley Community College – Utica Campus 2020 Clery Statistics

Offense On-Campus Non-Campus Public Property On-Campus Residence Halls
Criminal Homicide Offenses        
Murder/Non-Negligent Manslaughter 0 0 0 0
Negligent Manslaughter 0 0 0 0
Sex Offenses        
Rape 0 0 0 0
Fondling 0 0 0 0
Incest 0 0 0 0
Statutory Rape 0 0 0 0
Other UCR Offenses        
Robbery 1 0 0 0
Aggravated Assault 1 0 0 0
Arson 0 0 0 0
Burglary 0 0 0 0
Motor Vehicle Theft 0 0 0 0
Liquor, Drug & Weapons Offenses        
Liquor Law Arrests 0 0 0 0
Liquor Law Disciplinary Referrals 0 0 0 0
Drug Law Arrests 1 0 0 0
Drug Law Disciplinary Referrals 0 0 0 0
Weapon Law Arrests 0 0 0 0
Weapon Law Disciplinary Referrals 0 0 0 0
Vawa Offesnses        
Stalking 3 0 0 0
Domestic Violence 0 0 0 0
Dating Violence 0 0 0 0
Unfounded Offenses        
Unfounded 0 0 0 0
Hate/Bias Offenses        
  0 0 0 0

There were no crimes during this time period that manifested evidence of prejudice based on perceived race, religion, sexual orientation, gender, gender identity, disability, national origin, or ethnicity.

2019 Statistics

Mohawk Valley Community College – Utica Campus 2019 Clery Statistics

Offense On-Campus Non-Campus Public Property On-Campus Residence Halls
Criminal Homicide Offenses        
Murder/Non-Negligent Manslaughter 0 0 0 0
Negligent Manslaughter 0 0 0 0
Sex Offenses        
Rape 0 0 0 0
Fondling 0 0 0 0
Incest 0 0 0 0
Statutory Rape 0 0 0 0
Other UCR Offenses        
Robbery 0 0 0 0
Aggravated Assault 2 0 0 0
Arson 1 0 0 1
Burglary 4 0 0 3
Motor Vehicle Theft 0 0 0 0
Liquor, Drug & Weapons Offenses        
Liquor Law Arrests 0 0 0 0
Liquor Law Disciplinary Referrals 0 0 0 0
Drug Law Arrests 4 0 2 0
Drug Law Disciplinary Referrals 0 0 0 0
Weapon Law Arrests 0 0 0 0
Weapon Law Disciplinary Referrals 0 0 0 0
Vawa Offesnses        
Stalking 9 0 0 0
Domestic Violence 0 0 0 0
Dating Violence 1 0 0 0
Unfounded Offenses        
Unfounded 1 0 0 0
Hate/Bias Offenses        
  1 0 0 0

There was 1 reported crime during this time period that manifested evidence of prejudice based on perceived race, religion, sexual orientation, gender, gender identity, disability, national origin, or ethnicity.

There was 1 reported instance of intimidation based on ethnicity which occurred on campus property.

2018 Statistics

Mohawk Valley Community College – Utica Campus 2018 Clery Statistics

Offense On-Campus Non-Campus Public Property On-Campus Residence Halls
Criminal Homicide Offenses        
Murder/Non-Negligent Manslaughter 0 0 0 0
Negligent Manslaughter 0 0 0 0
Sex Offenses        
Rape 0 0 0 0
Fondling 0 0 0 0
Incest 0 0 0 0
Statutory Rape 0 0 0 0
Other UCR Offenses        
Robbery 0 0 0 0
Aggravated Assault 0 0 0 0
Arson 0 0 0 0
Burglary 0 0 0 0
Motor Vehicle Theft 0 0 0 0
Liquor, Drug & Weapons Offenses        
Liquor Law Arrests 0 0 0 0
Liquor Law Disciplinary Referrals 0 0 0 0
Drug Law Arrests 0 0 0 0
Drug Law Disciplinary Referrals 0 0 0 0
Weapon Law Arrests 1 0 0 0
Weapon Law Disciplinary Referrals 0 0 0 0
Vawa Offesnses        
Stalking 2 0 0 0
Domestic Violence 0 0 0 0
Dating Violence 1 0 0 0
Unfounded Offenses        
Unfounded 3 0 0 0
Hate/Bias Offenses        
  0 0 0 0

There were no crimes during this time period that manifested evidence of prejudice based on perceived race, religion, sexual orientation, gender, gender identity, disability, national origin, or ethnicity.

Appendix A

Emergency Evacuation Procedures

Terms and Definitions:

Evacuation Assembly Area (EAA)- an outside location at least 50 feet from the building, away from roads and walkways used by emergency vehicles.

Evacuation Site (ES)- a building in close proximity to the evacuated building that will provide protection from the weather or other elements in the case of a prolonged evacuation.  The on-site incident commander, usually a University Police officer will determine if personnel should move from the Evacuation Assembly Area to the Evacuation Site. An Evacuation Site list is attached to this document.

Procedures:

Evacuation is required any time the fire alarm sounds, an evacuation announcement is made, or a university official orders you to evacuate a building to the Evacuation Assembly Area (EAA).  When an evacuation occurs, departments should put their evacuation plan into effect.  After the building has been

evacuated, the building cannot be re-entered until University Police gives permission. The silencing of alarms is not the sole indicator that it is safe to re-enter.

Lecturers and Lab Supervisors should notify each class at the beginning of the semester of the designated evacuation plan. The department’s plan should indicate a meeting place outside the building EEA as well as the designated ES.  It is imperative that students know to stay together as a class while at the EAA or the ES. Everyone must be accounted for, and their names should be written down, or checked off an attendance roster. You cannot release students from the EAA or ES until University Police have given permission to do so.

General Evacuation Procedures for Academic and Administrative Buildings

  • Quickly shutdown any hazardous operations or processes and render them safe.
  • Notify others in the area of the alarm if they did not hear it while you are evacuating yourself.
  • Exit the room.
  • Take jackets or other clothing needed for protection from the weather.
  • If possible close windows and doors as you leave, but do not lock the doors.
  • If you are away from the class/lab room when the alarm sounds, you should exit the building immediately and not return to the room. You should meet the class at the EEA.

·       Exit the building, walk to the nearest safe exit route (do not run).  Do not use elevators.

·       Move away from the building, report to the class/ labs designated EAA and meet with other persons from the class or lab.  Wait at EAA for directions.

·       Account for faculty, staff and students and write down their names while at the EAA.  Report any missing or trapped people to the emergency responders.  Keep existing groups together.

·       Review with everyone the location of the Evacuation Site, should this have been an instance where you would have been required to go there.

·       Do not reenter the building until University Police gives the "all clear" signal. 

Evacuation of Persons with Disabilities

Assisting Visually Impaired Persons

  • Announce the type of emergency.
  • Offer your arm for guidance.
  • Tell the person where you are going, and any obstacles you encounter.
  • When you reach safety, ask if further help is needed.

Assisting People with Hearing Limitations

  • Turn lights on/off to gain the person’s attention, or indicate directions with gestures, or write a note with evacuation directions.

Assisting People Using Crutches, Canes, or Walkers

  • Evacuate these individuals as injured persons.
  • Assist and accompany to evacuation site if possible, or use a sturdy chair (or one with wheels) move the person to an enclosed stairwell, notify emergency crew of their location.

If you are unable to leave the building due to a physical disability:

  • Go to the nearest stairwell.
  • Use a telephone to call Police or Public Safety x5566, or use other means to advise them of your location. 
  • If possible, signal out the window to on-site emergency responders.
  • One person may remain with you if they wish to assist you.

MVCC Utica CAMPUS MAP

MVCC Utica CAMPUS MAP

Download the 2020 Annual MVCC Campus Safety Report 

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