The following section contains important and relevant pieces from the Sexual Violence Policies and Procedures guide which can be found online at https://www.daemen.edu/student-life/student-affairs/sexual-assault-violence-prevention. This section is designed to give students a quick overview of their rights and the College’s responsibilities.
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, Daemen College (hereinafter “College” or “DC”) 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 Daemen College 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 College 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 College staff that victims:
- a. Not report crimes committed again them to civil and criminal authorities or to campus safety and residence life staff; or
- b. 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:
- a. Victims are somehow “responsible” for the commission of crimes against them;
- b. Victims are negligent or assumed the risk of being assaulted; or
- c. 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 College 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 victims.
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 College 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 Daemen College.
Additionally, and in accordance with the SaVE provision of the Violence Against Women Act (VAWA), the College 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 Strategic Initiatives or Dean of Students (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.
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 College Officials. The College 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 Daemen College 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 college policy with certain other Daemen 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 release the names of victims or information that could easily lead to a victim’s identification.
In an effort to provide timely notice to the Daemen College community, and in the event of a serious incident which may pose an ongoing threat to members of the Daemen College 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.
Daemen College has designated Tiffany Hamilton, the College’s Chief Diversity Officer, as its Title IX Coordinator. Ms. Hamilton can be contacted at: firstname.lastname@example.org or (716) 839-8249. The Title IX Coordinator’s responsibilities include coordinating Daemen’s compliance with Title IX, and other applicable nondiscrimination laws and regulations. This includes coordinating the College’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) Daemen’s policies and procedures, and other issues.
Additionally, the College 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, Assistant Vice President for Student Affairs and Dean of Students, email@example.com, 716-839-8200) is typically responsible for coordinating responses to reported student violations of the sexual assault policy.
Daemen College strictly prohibits all Sexual Offenses as outlined in these policies and procedures. In the event that a Sexual Offense does occur, the College takes the matter very seriously.
Daemen’s Sexual Offense Policies & Procedures are available to all students and employees, and are applicable to any conduct that has a reasonable connection to the College. Daemen will apply the provisions of this policy regardless of whether the Sexual Offense occurs on campus, off campus, 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 College 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”).
Student who believe that they are a survivor of a Sexual Violence Offense, should follow these procedures:
Specific Procedural Steps Survivors Should Take if Sexually Assaulted
A student who is sexually assaulted has the right to make a report to Campus Safety, local law enforcement, and/or state police, or choose not to report. They also have the right to report the incident to Daemen College and in so doing, to be afforded immediate assistance by an appropriate official trained in interviewing victims of sexual assault; assistance will include, including any interim measures that may be indicated for their protection, as well as protection by the institution from retaliation for reporting said incident. Victims of sexual assault should go to a safe place, contact Campus Safety at 716-839-SAFE (7233), an RA, or Crisis Services of Buffalo (716-834-3131). These first responders will provide immediate assistance, including helping the student receive any medical attention that may be needed.
Obtaining Medical Attention
For student’s safety and well-being, immediate medical attention is encouraged. Further, being examined as soon as possible is important in the case of sexual assault. Within 96 hours of an assault, the student can get a Sexual Assault Forensic Examination (or “SAFE,” commonly referred to as a rape kit) at a hospital. Daemen encourages students to receive immediate medical attention at a facility that uses SAFE, or Sexual Assault Forensic Examiners. Completing a SAFE will not require a student to file a police report, but it will help to preserve evidence in case he/she decides at a later date to file a police report. Local hospitals, with and without SAFE, include the following:
Millard Fillmore Suburban Hospital
1540 Maple Road
Buffalo General Hospital
100 High Street
Sisters of Charity Hospital
2157 Main Street
While there should be no charge from these hospitals for a rape kit, there may be charges for medical or counseling services off campus and, in some cases, insurance may be billed for services. You are encouraged to let hospital personnel know if you do not want your insurance policyholder to be notified about your access to these services.
Students who are survivors of assault or harassment, including incidents that are sexual in nature, have the availability of several resources both on and off-campus, including 24/7 access to a Daemen Administrator On-Call (AOC) who is trained to specifically address these matters. Information will be provided as needed on resources for mental health counseling, medical services (including information on sexually transmitted infections and forensic examinations), legal services and any other pertinent campus or community resources. Student Affairs can work with survivors to implement persona non grata or no contact orders, manage residence hall and/or class conflicts, and similar measures as needed.
The College has partnered with Reach Out Editions to provide an app available for iPhone and Android users. Reach Out allows users to anonymously explore College policies, College and local support services, local medical services, reporting options and other important information that a survivor, respondent, or family member may need.
Additionally, an Advocate from Crisis Services of Buffalo coordinates regular campus training and education, including bystander intervention for student leaders, as well as providing support in the event a student is sexually assaulted. Students can also contact any of the offices or agencies below for additional support and assistance.
Support Agencies and College Offices: Phone
Campus Safety 716-839-SAFE (7233)
Crisis Services – Victims advocate program 716-834-3131
Crime Victims Board 716-847-7992
Campus Student Counseling Services 716-839-7380
Health & Insurance Services 716-839-7380
Residence Life Staff 716-839-8200
Dean of Students 716-839-8519
Title IX Coordinator 716-839-8249
Vice President for Strategic Initiatives 716-839-8519
Enforcement Agencies: Phone
Amherst Police/Buffalo Police 911
Erie County Sheriff’s Department Family Offense Unit 716-858-6102
Erie County District Attorney/Special Victim’s Bureau 716-858-2525
New York State Domestic and Sexual Violence Hotline
(anonymous and confidential) 1-800-942-6906
New York State Police 24-Hour Hotline
(sexual assault victims unit) 844-845-7269
Students who have sought and received outside protection from local authorities, such as a restraining order, should share that information with the College. The appropriate official, typically the Dean of Students (hereinafter “DOS”) (or designee) will assist the student in implementing the order appropriately.
Professional counselors are retained by the College to assist students who are facing concerns of an academic, adjustment to college, personal, or social nature. They help students work through their concerns to develop appropriate alternatives, actions, or solutions. This service is confidential within the limits of Informed Consent and will be discussed in the first counseling session. The first fifteen sessions are free to Daemen students and in circumstances where more are needed and as approved by the Director of Counseling and/or Dean of Students. Referrals to a number of community service agencies are also available. Students can find further information by contacting the CHIP Center at 716-839-7380.
The New York State Office of Victim Services may also be able to assist in compensating victims/survivors for health care and counseling services, including emergency funds. More information may be found here: https://ovs.ny.gov/sites/default/files/brochure/crime-victims-rights-ny-crime-victims.pdf, or by calling 1-800-247-8035. Options are explained here: https://ovs.ny.gov/help-crime-victims.
Report the Incident
Daemen College encourages, but does not require, victims, survivors, complainants, claimants, and witnesses with victim status of Sexual Offenses (reporting individuals) to report the incident to one or more of the following resources:
How to Report Criminal Offenses: In an emergency, students should dial 911. After the emergency is reported, Campus Safety should be called so they can support emergency responders. Community members can contact the Office of Campus Safety at 716-839-SAFE (7233), 24 hours a day, 7 days a week. All members of the campus community are encouraged to report to Campus Safety any suspicious activity or person(s) seen in parking lots or loitering around vehicles, around or in buildings, or around residency halls. In addition, a crime may be reported to the following areas:
Support Agencies and College Offices: Phone
Campus Safety (716) 839-SAFE (7233)
Office of the Vice President and Dean of Students (716) 839-8519
Director of Housing & Residence Life (716) 839-8200
First, individuals may (but are not required to) report a Sexual Offense to local law enforcement (such as the Amherst Police Department), and/or the New York State Police for the sole purpose of documentation. Students may also (but are not required to) report it to local law enforcement and/or State Police so that they may investigate the matter and identify an offender. Students may contact local and state law enforcement as follows:
- Amherst Police Department
Address: 500 John James Audubon Parkway, Amherst, NY 14228
Non-Emergencies: (716) 689-1311
- New York State Police, Troop A
General Address: 3331 Trooper Paul Kurdys Way, Buffalo, NY 14225
General Phone: (716) 935-6570
Zone 2 – Grand Island Address: 2255 Baseline Rd, Grand Island, NY 14072
Zone 2 – Grand Island Phone: (716) 773-9651
Students who choose to contact law enforcement may have the further option to (but are not required to) pursue the case through the criminal justice system, where they will be assisted by the District Attorney’s office, the local or state Police Department and the support and advocacy services of your choice.
Second, students may (but are not required to) report the Sexual Offense to Daemen College Campus Safety. Once reported to the College, it may trigger the conduct review process at Daemen which may result in the removal of the offender from the campus. It also assists Daemen in complying with Federal requirements for reporting offenses occurring on campus. Students may (but are not required to) report Sexual Offenses anonymously to Daemen College Campus Safety, preserving their privacy and only reporting the particulars of the incident. When an incident is reported to the College, either through a College official or a student, the College will review the incident to determine if a potential violation of the Student Code of Conduct occurred. If there is insufficient information from that report, the DOS (or designee) may request that an investigation occur in order to determine whether there is enough information to warrant charges and a review by conduct review body. While an investigation occurs, by an official appointed by the DOS (or designee), interim measures may be implemented, as outlined further in this section.
Third, students may also (but are not required to) report the Sexual Offense to the Title IX Coordinator. When a student first discloses an incident to the appropriate staff member, they will be presented with (1) a copy of this policy, (2) a written explanation of their rights and options, whether the incident occurred on or off-campus, and (3) the following information: “You have the right to make a report to campus safety, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution.”
Students will have the right to emergency access to the Title IX Coordinator or another appropriate official who has been designated by the Title IX Coordinator to provide emergency assistance (the “Designee”). The Designee may be an official of Daemen College or an official of an off campus resource. The Title IX Coordinator or Designee will be available upon the first instance of disclosure by a complainant to provide immediate information and assistance regarding (1) options to proceed, including other reporting options; (2) where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible; and (3) the criminal justice process, including that it 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. The Title IX Coordinator or Designee will also explain whether he or she is authorized to offer you confidentiality or privacy, and will inform you about other reporting options.
The Title IX Coordinator will generally be available for emergency access on weekdays between the hours of 8:30 AM to 4:30 PM, at the following: Tiffany Hamilton., Title IX Coordinator, firstname.lastname@example.org, or email@example.com (716) 839-8249.
When the Title IX Coordinator is not available, emergency access to a Designee will be available, at the following: Campus Safety, (716) 839-SAFE (7233).
Daemen College will make every effort to ensure that students are asked to describe the incident to as few representatives of the College as possible, and are not required to unnecessarily repeat a description of the incident.
In addition, students may confidentially disclose the Sexual Offense and obtain services from the state or local government. Students can also make an anonymous report to a confidential hotline provided by New York state agencies and not-for-profit entities. These hotlines include:
- New York State Domestic and Sexual Violence Hotline: 1-800-942-6906.
- The National Domestic Violence Hotline: 1-800-799-7233.
- The National Sexual Assault Hotline: 1-800-656-4673.
- Safe Horizon Hotlines: 800-621-4673 (domestic violence), 866-689-4357 (victims of other crimes, 1-212-227-3000 (rape & sexual assault victims).
Lastly, if the accused is an employee of Daemen College, students can report the Sexual Offense to Daemen College’s Office of Employee Engagement, or request that another employee assist in reporting to the Office of Employee Engagement. Daemen College encourages the victims of Sexual Offenses to report the incidents, in any of the manners described above. However, again, victims are not required to report the offense to, or to seek assistance from Daemen College, law enforcement, or campus authorities. Daemen will not pressure any student or employee to disclose a crime or violation, or to participate in the conduct or criminal justice processes.
Reporting an incident does not:
- obligate the victim to prosecute;
- subject the victim to inappropriate scrutiny or judgment by the person receiving the report; or
- suggest in any way that the victim is at fault for the crime or violation, or should have acted in a different manner to avoid the crime or violation.
Reporting the incident does:
- ensure that a victim of a Sexual Offense receives necessary medical testing and treatment;
- provide the opportunity for collection of evidence critical to a prosecution, which cannot be obtained later;
- ensure that the victim has knowledge of and access to professional, confidential counseling from a counselor specifically trained in the areas of Sexual Offenses.
Request to File Student Conduct Charges
If the respondent is a student, students may request that Daemen College file student conduct charges against the respondent. Any member of the College community may initiate the conduct review process against any student for alleged violations of the Student Code of Conduct generally within two to three months of the alleged violation(s) by submitting a complaint in written form to the Vice President for Strategic Initiatives or the Dean of Students (DOS), who has direct responsibility for managing the student conduct system, or designee. Residence Life and Campus Safety staff complete incident in writing through their supervisor by completing an incident report addressing a violation. Charges filed by all other members of the community must be prepared in writing and will be directed to the DOS (or designee).
Daemen College retains the right to determine whether to actually file the charges against the accused or respondent. Daemen can initiate charges or choose not to initiate them when evidence does or does not merit doing so, in conformity with state and federal law.
Students should be aware that there are significant differences between Daemen’s disciplinary system and the criminal justice system, because they have different, important goals. In the criminal justice system, prosecutors pursue cases when they believe there is sufficient evidence to prove, beyond a reasonable doubt, that an individual has committed a criminal act. A person who is convicted of a crime will face criminal penalties, such as incarceration, probation, or the imposition of a fine. Daemen’s disciplinary process seeks to determine whether an individual has violated college policy. In this process, a preponderance of the evidence standard of proof is used to determine responsibility. A person who is found to have violated Daemen College’s policy may be suspended, expelled or otherwise restricted from full participation in the Daemen community.
Seek an Order of Protection /or No Contact Order
Victims of Sexual Offenses may have a right to obtain a court order to protect themselves from the perpetrators. The College will enforce all applicable no contact orders, restraining orders, and similar lawful orders issued by a criminal, civil, or tribunal court, to the extent required by law.
An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence. Family Courts, criminal courts, and Supreme Courts can all issue orders of protection. An order of protection may direct the offending person not to injure, threaten or harass you, your family, or any other person(s) listed in the order.
Family Court order of protection is issued as part of a civil proceeding. Its purpose is to stop violence within a family, or within an intimate relationship, and provide protection for those individuals affected. All Family Court proceedings are confidential. To obtain an order of protection in the Family Court, your relationship to the other person must fall into one of the following categories: (1) current or former spouse, (2) someone with whom you have a child in common, (3) a family member to whom you are related by blood or marriage, or (4) someone with whom you have or have had an “intimate relationship.” An intimate relationship does not have to be a sexual relationship. A relationship may be considered intimate depending on factors such as how often you see each other, or how long you have known each other. After a petition is filed, the court will decide if it is an intimate relationship.
In order to start a proceeding in Family Court, individuals will need to file a form called a Family Offense petition. Individuals can contact the Family Court in your county for help completing and filing the petition. Contact information for Erie County Family Court:
Erie County Family Court
Address: 1 Niagara Square, Buffalo, NY 14202
Students may also wish to speak with an attorney or domestic violence advocate before filing. A criminal court order of protection is issued as a condition of a defendant’s release and/or bail in a criminal case. A criminal court order of protection may only be issued against a person who has been charged with a crime.
Daemen College will provide complainants assistance from Campus Safety, or other appropriate officials in obtaining an order of protection. The following individuals can be contacted for assistance in obtaining or understanding an Order of Protection:
Director of Campus Safety
Legal Aid Bureau of Buffalo
290 Main Street, Suite 400
Buffalo, NY 14202
Daemen will provide the respondent and the complainant a copy of any order of protection or equivalent that the College receives. Daemen will also provide the respondent and the complainant an opportunity to meet or speak with a representative of the College, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the respondent’s responsibility to stay away from the protected person or persons. Daemen College will provide the respondent and the complainant an explanation of the consequences of violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension. The College will also call on and assist local law enforcement in effecting an arrest when an individual violates an order of protection.
Order of No Contact: When the respondent is a member of the campus community, the College may issue a mandatory “no contact order” mandating that (1) any intentional contact between the parties is a violation of Daemen College’s policy that is subject to additional conduct charges; and (2) if the respondent and a complainant observe each other in a public place, it is the responsibility of the respondent to leave the area immediately and without directly contacting the complainant. This may include establishing a schedule of attendance for the respondent to access certain locations at Daemen, such as academic buildings, libraries, athletics or fitness facilities, and dining halls.
Responsibility to stay away falls upon the person or persons subject to the no contact order (“covered person”), not the protected individual. A covered person may be a respondent or a third party who is the subject of a no contact order. If the covered person and protected person are in the same place accidentally, it is incumbent upon the covered person to remove himself or herself in a reasonable time and manner.
Upon request, both the respondent and the complainant are entitled to a prompt review, reasonable under the circumstances, of the need for and terms of the mandatory no contact order, including potential modification, in which they are allowed to submit evidence in support of their requests. Requests to review a mandatory no contact order should be submitted to: Kerry L. Spicer, Dean of Students at firstname.lastname@example.org. If a request for review is received from one party, the other party will be notified of the request for review. The Dean of Students or designee will issue a determination in response to the request, and notify both parties of the determination.
Initiate Legal Proceedings
Students may have the right to initiate legal proceedings. Daemen Colleges serves as a resource to students in initiating these proceedings. However, the College is not required to bring actions on behalf of reporting individuals, provide or pay for attorneys, or provide direct support. Local resources may be able to help you initiate legal proceedings, however. These resources may provide services with or without cost. The resources include the following:
Legal Aid Bureau of Buffalo
290 Main Street, Suite 400
Buffalo, NY 14202
Erie County Bar Association
438 Main Street, 6th Floor
Buffalo, NY 14202
Right to Withdraw
Students have the right to withdraw their report and/or to withdraw from involvement in Daemen’s investigation of the complaint at any time. If students choose to withdraw, however, the College may still have obligations to investigate and/or take actions under state or federal law. If Daemen continues an investigation or takes action after a student withdraws, students have the right to participate as much or as little as they wish.
 Please note that based on where the call is made, students may need to alert 911 that they are in Amherst.