NYGSP RESPONSE TO REPORTS OF SEXUAL ASSAULT OR HARASSMENT
Student’s Rights
Individuals who have experienced sexual misconduct have the right to file a complaint with NYGSP or to decide not to do so. Reports will be investigated in accord with the procedures listed below and the reporting individual’s identity will remain private at all times if the reporting individual wishes to maintain privacy. (The decision on whether to bring disciplinary charges, however, rests with the campus.)
Students who report sexual misconduct have all of the rights contained in the Student’s Bill of Rights (accessible online here: https://nygsp.bgsp.edu/rights/) along with the rights listed below.
- To notify campus public safety officer, local law enforcement, and/or the state police; or to choose not to report.
- To have emergency access to an NYGSP official trained to interview victims of sexual assault and able to provide certain information, including reporting options and information about confidentiality and privacy. The official will, where appropriate, advise the reporting individual about the importance of preserving evidence and obtaining a sexual assault forensic examination (“SAFE”) as soon as possible. The official will also explain that the criminal process uses different standards of proof, evidence, and that any questions about whether an incident violated criminal law should be addressed to a law enforcement official or a district attorney’s office.
- To disclose the incident to a college representative who can offer confidentiality or privacy and assist in obtaining services for reporting individuals.
- To describe the incident only to those campus officials who need the information in order to properly respond and to repeat the description as few times as practicable.
- To have complaints investigated in accordance with NYGSP policy.
- To have privacy preserved to the extent possible.
- To receive assistance and resources on campus, and to be notified of other services available off-campus, including the New York State Office of Victim Services.
- To disclose the incident to the college’s Program Director if the accused is an NYGSP employee or request that a confidential or private resource assist in doing so.
- To disclose the incident confidentially and obtain services from state and local governments.
- To receive assistance from the campus or others in filing a criminal complaint, initiating legal proceedings in family court or civil court, and /or seeking an Order of Protection or the equivalent. In New York City, this assistance is provided by Family Justice Centers located in each borough: http://www1.nyc.gov/site/ocdv/programs/family-justice-centers.page.
- To receive assistance with effecting an arrest when an individual violates an Order of Protection, which may be provided by assisting local law enforcement in effecting such an arrest.
- To withdraw a complaint or involvement from the process at any time.
Students can speak with confidential resources on a strictly confidential basis before determining whether to make a report to college authorities. Students also have the right to consult confidentially with state, local and private resources who can provide other assistance.