Title IX & Sexual Misconduct Resources
North Country Community college takes reports of sexual assault, domestic violence, dating violence and stalking seriously. If you are a student of NCCC and have experienced any of the above, please use the information provided here to seek resources and support, and to report the crime to law enforcement and campus officials.
NCCC students and employees have the right to make a report to the Student Life Office, Human Resources/Title IX Coordinator, local law enforcement, and/or the State Police. NCCC students and employees also have the right to choose not to report the incident; to be protected by the College from retaliation for reporting an incident to the College; and to receive supportive measures and resources from the College.
The College's policy is that response to sexual violence and related crimes are driven by the reporting victim/survivor. In alignment with Federal and New York State law, the College encourages you to use all of the response, support and reporting resources offered and leaves the choice of what resources to use and when up to the victim and survivor.
College policies/procedures for responding to reports of sexual violence & sexual harassment:
Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. 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.
AS DESCRIBED IN OUR STUDENT CODE OF CONDUCT:
- Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
- Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- Consent may be initially given but withdrawn at any time.
- Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, 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.
- When consent is withdrawn or can no longer be given, sexual activity must stop.
The State University of New York and North Country Community College are 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 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:
- 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 judicial or conduct process and/or criminal justice process free from pressure by the institution;
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
- Be treated with dignity and to receive from the institution 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 institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
- 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;
- 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 judicial or conduct process including during all meetings and hearings related to such process; and
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.
The health and safety of every student at North Country Community College (NCCC) is of utmost importance. NCCC recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault, occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct.
NCCC strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to NCCC officials or law enforcement will not be subject to NCCC's code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
North Country Community College wants you to get the information and support you need regardless of whether you would like to move forward with a report of sexual violence to campus officials and/or to police. You may want to talk with someone about something you observed or experienced, even if you are not sure that the behavior constitutes sexual violence. A conversation where questions can be answered is far superior to keeping something to yourself. Confidentiality varies, and our Options for Disclosure webpage is aimed at helping you understand how confidentiality applies to different resources that may be available to you.
By SUNY policy this uniform survey ascertained faculty and staff awareness of policies and resources, and student experience with and knowledge of reporting and college adjudicatory processes for sexual harassment, including sexual violence and other related crimes.
Results indicated that students, faculty and staff are generally aware of the policies and laws, and resources. Continued education will be provided to the college community to ensure compliance and to maintain constant awareness for the students, faculty, and staff.
See Student Code of Conduct on our Campus Safety webpage for full descriptions of College sexual misconduct policies and procedures.
TITLE IX Grievances - Frequently Asked Questions
It's a federal law which states, " No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance." - Title IX of the Education Amendments of 1972, Implementing Regulations at: 20 U.S.C § 1681 & 34 C.F.R. Part 106
On May 19, 2020, the U.S. Department of Education published long-anticipated official final regulations governing institutional responses to Title IX “sexual harassment,” including sexual violence. 85 Fed. Reg. 30026 (May 19, 2020) (“Final Rule”). Along with defining the scope of an institution’s Title IX jurisdiction, these comprehensive regulations indicate the supportive measures that institutions must offer to individuals who report sexual harassment, and the grievance process institutions must provide to complainants and respondents before issuing any disciplinary sanction arising from a formal complaint. These regulations are effective on August 14, 2020.