Student Bill of Rights Regarding Sexual Misconduct

The University is committed to providing options, support, and assistance to individuals reporting sexual or gender-based violence, sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in University-wide and campus programs, activities, and employment. All individuals reporting 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 afforded by New York State Education Law 129-B section 6443, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad.

Student Rights

All St. John Fisher University students have the right to:

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

Additional Rights for Complainants

Complainants have the right to:

  • Make a report to the Office of Safety and Security, local law enforcement, and/or state police, or choose not to report
  • Report the incident to the University
  • Have emergency access to the University's Title IX coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a Reporting Individual to 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 detailing that the criminal justice process utilizes different standards of proof and evidence and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney. Such officials shall also explain whether he or she is authorized to offer the Reporting Individual confidentiality or privacy, and shall inform the Reporting Individual of other reporting options
  • Disclose confidentially the incident to University representatives who may offer confidentiality pursuant to applicable laws and can assist in obtaining services for Reporting Individuals
  • Disclose confidentially the incident and obtain services from the state or local government
  • Disclose the incident to the University representatives who can offer privacy or confidentiality, as appropriate, and can assist in obtaining resources for Reporting Individuals
  • File a report of sexual assault, domestic violence, dating violence, and/or stalking and the right to consult the Title IX coordinator and other appropriate University representatives for information and assistance. Reports shall be investigated in accordance with institution policy and Reporting Individual’s identity shall remain private at all times if said Reporting Individual wishes to maintain privacy
  • Disclose, if the Accused is an employee of the University, the incident to the College's Office of Human Resources or the right to request that a confidential or private employee assist in reporting to the appropriate Human Resources authority
  • Receive assistance from appropriate institution representatives in initiating legal proceedings in family court or civil court
  • Be protected by the University from retaliation for reporting an incident
  • Receive assistance and resources from the University, whether or not the Reporting Individual chooses to participate in the University's investigation and/or Student Sexual Misconduct Process
  • Withdraw a complaint or involvement from the University process at any time