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In accordance with the Campus Sexual Assault Victim’s Bill of Rights (1992) and section 485 of the Higher Education Act of 1965 (revised 2010), as well as guidelines provided by New York State, ƽ��һФ��̳ has implemented the following bill of rights that shall be afforded to all victims of reported campus-related sexual assaults. These rights have been adapted for ƽ��һФ��̳ from the language used in the Higher Education Act and described in more detail throughout this section.

1. The right to have any and all disclosures of domestic violence, dating violence, stalking, and sexual assault against them treated with seriousness and receive from the institution courteous, fair, and respectful health care and counseling services, where available.
2. The right to have sexual assaults committed against them investigated and adjudicated by the duly constituted criminal and civil authorities of the governmental entity in which the crimes occurred, if the victim so chooses, including make a report to local law enforcement and/or the state police; and the right to the full and prompt cooperation and assistance of University staff in notifying the proper authorities. The foregoing shall be in addition to any campus disciplinary proceedings.
3. The right to be free from any kind of pressure from University staff that victims:
   1. Not report crimes committed again them to civil and criminal authorities or to Campus Safety and Residence Life staff; or
   2. Report crimes as lesser offenses than the victims perceived them to be.
4. The right to be free from any kind of suggestion that sexual assault victims not report, or under-report, crimes because:
   1. Victims are somehow “responsible” for the commission of crimes against them;
   2. Victims are negligent or assumed the risk of being assaulted; or
   3. By reporting crimes they would incur unwanted personal publicity.
5. The right to participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard and in so doing, to describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident.
6. The same right to legal assistance, or ability to have others present, including an advisor of their choice, in any campus disciplinary proceeding that the institution permits to the accused; and the right to be notified of the outcome of such proceeding.
7. The right to counseling services from any mental health services previously established by the institution, or by other victim-service entities, or by victims themselves.
8. After campus sexual assaults have been reported, the victims of such crimes shall have the right to require that appropriate University staff take the necessary steps or actions reasonably feasible to prevent any unnecessary or unwanted contact or proximity with alleged assailants, including immediate relocation of the victim to safe and secure alternative housing and transfer of classes if requested by the victim.
9. Access to at least one level of appeal of a determination.
10. The right to report any inappropriate action, or lack thereof, in the handling of a reported sexual assault on the part of the University as a Title IX complaint.
11. Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution.
12. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or conduct process of ƽ��һФ��̳.

Additionally, and in accordance with the SaVE provision of the Violence Against Women Act (VAWA), the University will work with the student to ensure that they are able to continue their studies safely while the matter is addressed. This includes applying–at the discretion of the Vice President for Student Affairs (or designee) and as dictated by the situation and the needs of the victim–the use of administrative room changes, Orders of No Contact, Persona Non Grata orders, and/or other steps deemed necessary.

Affirmative Consent is a knowing, voluntary, and mutual decision among all participants to engage in “sexual activity” (as defined below). Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression. Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop. Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Depending on the degree of intoxication, someone who is under the influence of drugs, alcohol, or other intoxicants may be incapacitated and therefore unable to consent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. Additionally, prior consent to a sexual act does not necessarily constitute consent to any other act.

Confidentiality is afforded to a student who speaks with a campus counselor or outside advocacy agency such as Crisis Services of Buffalo. In those instances, no identifying information is shared or reported to campus authorities unless there is an imminent risk to the safety of the student and/or campus community or the student gives written consent for the information to be shared.
Please understand that while protecting a student’s privacy is vital, not all employees or community members are confidential employees. Please see the “Privacy” section below for more information.
 

Privacy may be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with applicable laws, including informing appropriate University Officials. The University has identified the positions outlined in the Annual Security and Fire Safety Report (ASR) as Campus Security Authorities (CSA) under the Clery Act and Responsible Persons under Title IX.

Although most ƽ��һФ��̳ employees are not confidential resources, they can still offer “privacy.” This means that an employee may have to share information pursuant to federal or state law or university policy with certain other ƽ��һФ��̳ employees, but they will not share the private information beyond what is required or needed to comply with law and policy, and will otherwise limit re-disclosure as much as possible.

Privacy of the records specific to the investigation is maintained in accordance with New York State law and, with respect to student records, the Federal Family Educational Rights and Privacy Act of 1974 (FERPA) statute. Any public release of information to comply with the timely warning provisions of the Jeanne Clery Act (Clery Act) will not reveal the names of victims or any other information that could easily lead to a victim’s identification.

In an effort to provide timely notice to the ƽ��һФ��̳ community, and in the event of a serious incident which may pose an ongoing threat to members of the ƽ��һФ��̳ community, a Safety and Security Alert is sent to all students and employees on campus. Incidents of aggravate assault and sex offenses are considered on a case-by-case basis, depending on the facts of the case and whether there is a continuing danger to the campus community.

ƽ��һФ��̳ has designated Tiffany Hamilton, the University’s VP Institutional Equity & Belonging & HEOP Director, as its Title IX Coordinator. Ms. Hamilton can be contacted at: thamilto@daemen.edu or 716-839-8249. The Title IX Coordinator’s responsibilities include coordinating ƽ��һФ��̳’s compliance with Title IX, and other applicable nondiscrimination laws and regulations. This includes coordinating the University’s grievance procedures for resolving Title IX complaints. The Title IX Coordinator, and designees (if any), receive annual training on: (1) issues related to sexual assault, relationship violence, and stalking, (2) how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability, (3) how to conduct investigations of sexual violence, (4) the effects of trauma, (5) impartiality, (6) the rights of the respondent, including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made, and (7) ƽ��һФ��̳’s policies and procedures and any other relevant issues.

Additionally, the University has appointed deputy Title IX Coordinators in the areas of Student Affairs, Athletics, and Employee Engagement. The Deputy Title IX Coordinator in Student Affairs (Kerry Spicer,Vice President for Student Affairs, kspicer@daemen.edu, 716-839-8200) is typically responsible for coordinating responses to reported student violations of the sexual assault policy.

ƽ��һФ��̳ strictly prohibits all Sexual Offenses as outlined in these policies and procedures. In the event that a Sexual Offense does occur, the University takes the matter very seriously.

ƽ��һФ��̳’s Sexual Offense Policies & Procedures are available to all students and employees, and are applicable to any educational program or activity. that has a substantial connection to the University. ƽ��һФ��̳ will apply the provisions of this policy regardless of whether the Sexual Offense occurs on campus, off campus, and/or premises that ƽ��һФ��̳ has substantial control over which includes buildings or property owned or controlled by a recognized student organization or while a student or employee is participating in a study abroad program. When the Sexual Offense involves students or employees from two or more institutions, the University will work collaboratively with the other institutions to address the Sexual Offense, provided that the collaboration complies with the Family Educational Rights Privacy Act (“FERPA”).