Title IX

What is Title IX?

Title IX states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

Pomeroy College of Nursing does not condone or tolerate any conduct that would constitute sexual harassment or sexual misconduct. Acts of sexual harassment and sexual misconduct including sexual assault undermine the dignity of individuals and the principles of equality and respect for others and are serious violations of our community standards. These acts do not just harm the individual; they harm the College community as a whole.

The College will work to promote an environment and collective community attitude that encourages all students, faculty, staff and administrators to respect others, participate positively in the life of the College and act as responsible members of the greater Crouse Health community.

Title IX Coordinator and Compliance Officers

The Title IX Coordinator is the employee designated by Crouse Health/PCON as responsible for coordinating the College’s efforts to comply with its obligations under Title IX of the Education Amendments Act of 1972, as well as Article 129-B of the New York Education Law, including coordinating investigations of complaints received pursuant to this Policy.

Both victims and third parties may contact the Title IX Coordinator to report incidents of sex discrimination, sexual harassment and/or sexual violence. The Title IX Coordinator is not a confidential resource.

Title IX Coordinator:

John Bergemann | Director of Human Resources
Crouse Hospital – 8 Memorial | 315-470-7726 | johnbergemann@crouse.org

Compliance Officers are persons designated by Crouse Health/PCON who are responsible for assisting in the receipt of Title IX reports and disseminating information about the overall policy/process. Compliance Officers are not confidential resources.

Compliance Officers:

Ryan Barker | Assistant Dean for Students
310 Marley Education Center | 315-470-5710 | ryanbarker@crouse.org

Joe Dufford | Director, Crouse Health Security
Crouse Hospital – Memorial Basement | 315-470-7326 | joedufford@crouse.org

David Falci | Assistant Dean for Faculty
310 Marley Education Center | 315-470-5767 | davidfalci@crouse.org

Patricia Morgan | Program Chair/Associate Dean
310 Marley Education Center | 315-470-8851 | patriciamorgan@crouse.org

Rhonda Reader | Vice President and Dean
Crouse Hospital Administration – 1 Memorial | 315-470-7932 | rhondareader@crouse.org

If You Have Been a Victim

1. Get to a safe place – Crouse Health Security, local law enforcement and/or the New York State Police can help you do this. Officers of those agencies are trained to respond to the needs of a victim of sexual assault and other sex offenses.

2. Obtain medical attention – for safety and well-being, immediate medical attention is encouraged. Being examined as soon as possible is important in the case of sexual assault. Hospitals will arrange for a specific medical examination at no charge. We encourage you to do so at a facility that uses SANE, or Sexual Assault Nurse Examiners. Crouse Hospital is a SANE facility. Remember that this medical treatment may also provide the opportunity for the collection and documentation of evidence, should you decide to pursue the incident and offender through the legal system. Crouse Health Security, local law enforcement and/or the New York State Police may assist you in this effort as well.

3. Preserve evidence – take steps to preserve any and all evidence when an incident occurs, as this evidence may be necessary to prove that the offense took place and/or to obtain a protective order. Be aware that the location of the offense, your clothing, and your person may be considered a “crime scene,” and as such, a source of evidence. The location of the incident should be safeguarded and you should avoid washing, douching, using the toilet, or changing clothes prior to a medical/legal exam.

4. Report the incident – the College encourages, but does not require, you to report a violation of this policy to the Title IX Coordinator or a Compliance Officer.

*Students have the right to make a report to Crouse Health Security, local law enforcement and/or the New York State Police or to choose not to report. Students also have the right to report the incident to Crouse Health/PCON officials, to be protected by the College from retaliation for reporting and to receive appropriate assistance and resources from the College.

Reporting Options

1. Reporting to local or state law enforcement – students may (but are not required to) report a complaint to local law enforcement and/or the New York State Police for the purpose of documentation. Contact information for campus, local and state law enforcement agencies is found below. Students may also (but are not required to) report the incident to local law enforcement and/or the New York State Police so that they may investigate the matter and identify an offender. Students have the further option (but are not required to) to pursue the case through the criminal justice system, where they will be assisted by the District or State’s Attorney’s office, the local or state police department, and the support and advocacy services of their choice. Those who need assistance in notifying the local or state law enforcement should contact Crouse Health Security, who will assist in doing so.

o Crouse Health Security
Crouse Hospital – Memorial Basement | 315-470-7826

o Syracuse Police | Abused Persons Unit | 315-435-3016

o Onondaga County Sheriffs | Abused Persons Unit | 315-435-3092

o New York State Police | Campus Sexual Assault Victims Unit | 1-844-845-7269

o Emergency | 911

2. Students may pursue simultaneously a report with the College under this policy and with state or local law enforcement; in that circumstance: (i) the College may need to briefly suspend its investigation at the request of law enforcement while the law enforcement agency is in the process of gathering evidence; (ii) the College will promptly resume its investigation as soon as notified by the law enforcement agency that it has completed the evidence gathering process; and (iii) the College will not delay its investigation until the ultimate outcome of the criminal complaint.

3. Reporting to Crouse Health Security – students may (but are not required to) report a violation of this policy to Crouse Health Security officials. Crouse security officers are required to report the incident to the Title IX Coordinator but will otherwise maintain privacy. This may trigger the College investigative and disciplinary process, which may provide interim protective measures (see below). It also assists PCON in complying with federal requirements under the Clery Act for reporting offenses occurring on campus, even if you do not wish to consent to an investigation of your report.

4. Reporting to Title IX Coordinator or a Compliance Officer – students may also (but are not required to) report the incident to the Title IX Coordinator or a Compliance Officer, all of whom are identified previously in the policy. Students have the right to emergency access to the Title IX Coordinator or a Compliance Officer, who can provide information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible; and can explain that the criminal justice process utilizes different standards of proof and evidence from the internal PCON process and that any questions about whether a specific incident violated the penal (criminal) law should be addressed to state or local law enforcement or to the district or state’s attorney.

Reporting Options Quick Guide (pdf)

Confidential Resources

Only certain professionals (i.e. mental health counselors, pastoral counselors, social workers, psychologists, physicians) are considered confidential resources and can offer confidentiality (which means that this person is prevented by professional ethics and/or law to tell anyone what you have told them, except with your permission, or in certain extreme circumstances involving a serious and imminent threat to others).

HelpPeople (counseling and support)
315-470-7447 – 24/7 emergency on-call services
601 East Genesee Street, Peck Hall | Syracuse, NY 13202
890 7th North Street, Suite 203 | Liverpool, NY 13088
98 North 2nd Street, Suite 101 | Fulton, NY 13069
Offices open 8:00am – 4:30pm, Monday through Friday
*Free to students

Crouse Prompt Care (treatment)
315-470-2951
739 Irving Avenue | Syracuse, NY 13210
Open 7:00am – 11:00pm daily
*Fees vary depending upon insurance. Students will not be denied treatment for inability to pay.

Crouse Hospital Emergency Department (treatment)
315-470-7340
736 Irving Avenue | Syracuse, NY 13210
Open 24/7
*Fees vary depending upon insurance. Students will not be denied treatment for inability to pay.

Vera House, Inc. (support and advocacy)
315-468-3260 – 24/7 emergency on-call services
723 James Street | Syracuse, NY 13203
*Services are free of charge

Medical Services

Students have access to SANE (Sexual Assault Nurse Examiner) nurses at Crouse Hospital who can provide a physical exam, complete sexually transmitted infection and pregnancy testing and have a sexual assault kit completed in the event that you would like to bring charges against the perpetrator. It is important to note that more evidence can be collected if you do not change your clothes or shower/bathe until you have been examined.

Crouse Hospital Emergency Department
315-470-7340
736 Irving Avenue | Syracuse, NY 13210
Open 24/7
*Fees vary depending upon insurance. Students will not be denied treatment for inability to pay.

Interim Measures

In appropriate cases, interim relief may be available for either party involved in a report while an investigation and/or review is pending. Relief may include no-contact orders; changes in academic, extracurricular, or residential arrangements; access to academic, counseling, and other support; as well as safe walks and escorts, and other relief as appropriate. This relief can be secured through the Title IX Coordinator or via College administration.

Legal Assistance

Neither the College nor Crouse Health provides legal assistance for students. The following resources are available within the local community (fees may vary if any):

Onondaga County Bar Association
315-471-2667
info1@onbar.org

Volunteer Lawyers Project of Onondaga County, Inc.
315-471-3409
info@onvlp.org

Legal Services of Central New York
1-877-777-6152

Hiscock Legal Aid Society
315-422-8191
mail@hlalaw.org

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 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.

The following principles are provided as guidance for the PCON community:

• 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.

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

• Consent may be initially given but withdrawn at any time.

• 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 on the degree of intoxication, someone who is under the influence of alcohol, drugs, 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.

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

• Being intoxicated or impaired by drugs or alcohol is never an excuse for violating this policy and does not diminish one’s responsibility to obtain affirmative consent.

Active Bystander

Most people don’t commit sexual assault or hurt their partners. However, learning to recognize the signs when someone is in danger and stepping in to help prevent it is important. This is called being an active bystander. Active bystanders learn how to recognize and safely intervene in potentially dangerous situations. The College is a community of respect and responsibility – it’s on us to support one another!

Some simple steps to becoming an Active Bystander:

• Notice the situation – be aware of the surroundings
• Interpret it as a problem – do I recognize that someone needs help?
• Feel responsible to act – see yourself as being part of the solution to help
• Know what to do – educate yourself on what to do
• Intervene safely – take action but be sure to keep yourself safe

How to Intervene Safely:

• Tell another person – including others is a good idea when a situation looks dangerous
• Ask a victim if they are okay – provide options for assistance and a listening ear
• Ask the person if they want to leave – make sure that they get home safely
• Call the police (911) or someone else in authority or yell for help

Campus Climate Survey

PCON will conduct a biannual anonymous survey of students and employees to examine (1) the prevalence and incidence of sexual assault, relationship violence, and stalking, (2) the perceptions of the campus climate, (3) the general awareness and knowledge of students and employees about the provisions of the New York Enough is Enough law, and (4) student experience with and knowledge of reporting and college adjudicatory processes. Participation in the survey is voluntary but encouraged.

Spring 2017 survey results (pdf)

Community Education

It is the policy of PCON to offer multiple methods of educational programming to all students and employees each year to help prevent relationship violence, sexual assault (including stranger and known offender assaults), and stalking. The College has adopted a comprehensive student onboarding and ongoing education campaign to educate members of the PCON community about domestic violence, dating violence, stalking, and sexual assault, in compliance with applicable federal laws.

Policy

PCON Sexual Misconduct and Sexual Harassment Policy and Procedure