SUNY Buffalo State is 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 and/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 pressure 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;
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 or conduct process of the College.
This means that we will not schedule meetings or hearings on days of religious observance (for instance, holding a hearing on a Friday night when the reporting individual or respondent is a religious Jewish person), require a student to undergo medical procedures that they say are forbidden by their religion, or otherwise require a require a reporting individual to have to choose between their religion or belief system and reporting to the institution.
Options in Brief:
Victims have many options that can be pursued simultaneously, including one or more of the following:
• Buffalo State University Police will assist victims in filing criminal charges with local criminal courts. University Police will provide guidance on how to obtain a restraining order/no contact order and will assist with the enforcing the order.
• University Police Department: Chase Hall, Room 110
• To file student disciplinary charges against the perpetrator(s). Disciplinary actions are sanctioned in accordance with the Buffalo State Code of Student Rights, Responsibilities and Freedoms. Throughout disciplinary hearing, the accused and the accuser will have the same opportunity to have others present. Both parties will receive written notice of the outcome of a disciplinary process. In a campus disciplinary hearing, victims have a range of options for providing testimony, including telephone/videoconferencing or testifying with a room partition. Students have a right to know the range of sanctions that may be imposed on the accused based upon the outcome of the disciplinary proceeding, which can include suspension, expulsion, disciplinary probation, community service, loss of University privileges, counseling, warning, a no contact order, or other sanction(s) as deemed appropriate based upon the disciplinary finding and severity of the offense.
• Office of Judicial Affairs:
Campbell Student Union, Room 311
When the complaint involves a College employee, a victim may report the incident to the Human Resources Management where disciplinary proceedings will be conducted in accordance with applicable collective bargaining agreements.
• Human Resource Management
Cleveland Hall, Room 403
• To file a report of discrimination and harassment, and/or talk to the Title IX Coordinator for information and assistance. Reports of discrimination and harassment will be investigated in accordance with the Buffalo State policy. If a victim wishes to keep his/her identity private, s/he may contact the Office for Equity and Campus Diversity anonymously to discuss the situation and identify available options.
• Office of Equity and Campus Diversity
Cleveland Hall, Room 415
• To have any campus judicial or employee disciplinary proceeding and/or discrimination complaint investigated in a prompt, impartial and thorough manner by individuals who receive annual training in conducting investigations and the issues related to sexual assault, domestic violence, dating violence and stalking.
• To pursue more than one of the above options at the same time, or to choose not to participate in any of the above options. Please note that if a criminal complaint is filed, Buffalo State may delay its investigation while the law enforcement agency is gathering evidence.
• To maintain confidentiality regarding the incident and any disciplinary proceedings and/or discrimination complaints. Campus officials will only provide information as necessary to proceed with a hearing or complaint investigation.
• To choose to speak, or not to speak, about the outcome of a disciplinary hearing.
• To obtain a change in academic or housing arrangements in order to avoid remaining in a hostile environment, you are advised to contact the Office of Judicial Affairs as noted above.
• To obtain effective counseling, health, and support services.
• Counseling Center 219 Weigel Health Center, 2nd Floor
• Weigel Health Center
• Crisis Services
Erie County 24 hour hotline
The Advocate Program
• NYS Office of Victim Services
Victim Advocacy, Buffalo
Revised: Spring 2015