Sexual Misconduct Policy - Scope of Policy



When to Use this Policy

Complaints Against Students

This policy applies only in those instances when a student has been subject to sexual misconduct, relationship violence, sexual harassment, or stalking by another student. When used in this policy, complainant refers to the individual who files a complaint or incident report of sexual misconduct, relationship violence, sexual harassment, or stalking. Respondent refers to the individual who has been accused of prohibited conduct under this policy. A third party refers to any other participant in the process including a witness to the incident or an individual who makes a report on behalf of someone else.

This policy also applies where a prospective student or other visitor to the campus (e.g., a guest of another student, an alumnus or alumna, or a member of a visiting team) complains of a Union College student’s behavior. If the respondent is not a student, then this policy does not apply, and the student should do the following:

Complaints Against Faculty or Staff

If a student wishes to bring forward a complaint of sexual misconduct, relationship violence, sexual harassment, or stalking against a faculty or staff member, the student should contact the Title IX Coordinator. When the respondent is not a student, if the respondent presents a continuing threat to the health and safety of the complainant, interim protective measures will be pursued.

Complaints Against Visitors or Non-Community Members

If a student wishes to bring forward a complaint of sexual misconduct, relationship violence, sexual harassment, or stalking against a visitor or non-community member (e.g., an alumnus or alumna, a prospective student, a guest of a student, a member of another college’s team, a local resident) the complaint should be made to Campus Safety at 518-388-6911. Visitors accused of sexual misconduct, relationship violence, sexual harassment, or stalking are not entitled to a hearing of any kind. Campus Safety will investigate complaints against visitors and the College will determine the appropriate action to be taken. (For more information see “Rules of Public Order” approved by Board of Trustees of Union College and found in the Student Handbook.)

On Campus and Off Campus Behavior

This policy applies to conduct that occurs on any part of Union’s campus or property. It also applies when students travel off-campus as part of a College activity, team, organization, or event. Additionally, Union College has the discretion to discipline student behavior that occurs off-campus, in the City, and/or during a time when the College is not in session. In making these determination, the Dean of Students considers whether the behavior impacts the campus environment (as would be the case, for example, if one student sexually assaults another student in an off-campus apartment or overseas during a term abroad, or if a student sends another student lewd and threatening sexual emails while at home during the term break). In understanding this aspect of Union’s expectations for student behavior, it may be helpful to think of student status as “portable” and therefore operative even when students are not on Union’s campus or property.

A complainant is encouraged to report misconduct regardless of where the incident occurred or who committed it. Even if the College does not have jurisdiction over the respondent, the College will still take prompt action to provide for the safety and well-being of the complainant and the broader campus community.