Union College is committed to maintaining a positive learning, working, and living environment. When sexual misconduct occurs and is brought to the attention of the College, steps will be taken to end the misconduct, prevent its recurrence, and remedy its effects. Within the College’s processes, the person making the allegation is called the Complainant and the person responding to the allegation is called the Respondent. As a Respondent, you are entitled to a presumption of innocence and a complete list of rights is available in the Sexual Misconduct Policy.
WHAT DO I DO IF I AM ACCUSED OF SEXUAL MISCONDUCT?
Do NOT contact the Complainant. You may wish to seek confidential support. For students, the Counseling Center as well as the medical staff at the Wicker Wellness Center can provide confidential services to you. Please call: (518) 388-6161 to make an appointment with a Counselor or (518) 388-6120 to make an appointment with a medical provider.
For faculty or staff, Union College provides an EAP program that can provide resources and guidance for accessing resources in the community. A call to the EAP program is confidential, (800) 828-6025.
The Title IX Coordinator can also provide additional resources both on and off campus if needed. Resources may also be found here.
CAN I HAVE SOMEONE SUPPORT ME THROUGH THIS PROCESS?
Both the Respondent and the Complainant are permitted to have an Adviser of their choice. The Title IX Coordinator can explain the conduct process for addressing complaints of sexual misconduct and provide guidance for choosing an adviser. An adviser is any individual selected by the Complainant or Respondent, including retained legal counsel. Only one Adviser is permitted and whomever is chosen must sign the Limited Disclosure/Non-Retaliation Acknowledgement. The Complainant or Respondent may elect to have the Adviser attend sessions with the Investigators, meetings with the Title IX Coordinator or other Administrators, and/or appearances before an Adjudication Panel. The Adviser is permitted to provide the Complainant or Respondent with advice during these meetings at appropriate times when the Complainant or Respondent being advised is not answering questions. The Adviser is not allowed to argue for, advocate for, or present the case for the Respondent or Complainant or directly address the Investigators, Administrators, or Panel. The Complainant, Respondent, and their respective Advisers may ask the Title IX Coordinator questions. The College reserves the right to remove or dismiss advisers from meetings who become disruptive, who do not abide by the restrictions, or who intentionally delay the investigation or adjudication process.
CAN I BE CHARGED WITH SOMETHING ON CAMPUS AND OFF CAMPUS?
Yes, the Complainant has the right to pursue both on campus and off campus resolution of a complaint as well as civil and/or criminal resolution. It is up to the Complainant to decide how they want to proceed. The College’s processes will move forward regardless of any criminal or civil legal action taken regarding the same incident. The Title IX Coordinator can provide information about pursuing off campus resolution, including the involvement of local or State Police agencies.
WHAT ELSE SHOULD I BE THINKING ABOUT AS THIS PROCESS MOVES FORWARD?
The College prohibits retaliation in any way against an individual or group who has reported an allegation of sexual misconduct or who has participated in the conduct process in response to an allegation. Retaliation includes adverse actions, defined as conduct that threatens, intimidates, harasses, coerces or in any other way seeks to discourage a reasonable person from participating in the conduct process. Retaliation can be committed by or against any individual or group of individuals, not just a respondent or complainant.
The College will take immediate and responsive action to any report of retaliation and will pursue disciplinary action as appropriate. An individual reporting prohibited conduct is entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is later not proven.
Additionally, Union College affords rights to parties involved in sexual misconduct cases. Please review the Sexual Misconduct Policy for a complete list of rights as well as information about prohibited conduct and the associated grievance process.
WHAT DOES THE SEXUAL MISCONDUCT ADJUDICATION PROCESS LOOK LIKE?
Union College had three distinct grievance procedures which are each dependent on the Responding party’s relationship with the College. If the allegation is against a student of the College, Appendix A of the Sexual Misconduct Policy would apply. If the Respondent is a faculty member of the College, see Appendix B and if the Respondent is an employee of the College, see Appendix C. If you have questions about the process at any time, please contact the Title IX Coordinator. Depending on the nature of the complaint, an investigation or panel adjudication may not be necessary.
You may find more information about the Sexual Misconduct Policy and the complete grievance process here.