The State University of New York and SUNY Broome Community College want 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 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 this document is aimed at helping you understand how confidentiality applies to different resources that may be available to you.
In this policy:
- Confidential Resources
- Non-Professional Counselors and Advocates
- Privacy versus Confidentiality
- Requesting Confidentiality: How SUNY Broome Community College Will Weigh the Request and Respond
- Public Awareness/Advocacy Events
- Anonymous Disclosure
- Institutional Crime Reporting
Individuals who are confidential resources will not report crimes to law enforcement or SUNY Broome Community College officials without your permission, except for extreme circumstances, such as a health and/or safety emergency. At SUNY Broome Community College, this includes:
- Counseling Services
- Location: Science Building Room 102
- Phone: +1 (607) 778-5210
- Email: email@example.com
- SUNY Broome Community College physicians, licensed medical professionals or supervised interns when they are engaged in a physician/patient relationship:
- Health Services
- Location: Science Building Room 102
- Phone: +1 (607) 778-5181
- Email: firstname.lastname@example.org
- Health Services
Off-campus options to disclose sexual violence confidentially include (note that these outside options do not provide any information to the campus):
- Off-campus counselors and advocates. Crisis services offices will generally maintain confidentiality unless you request disclosure and sign a consent or waiver form. More information on an agency’s policies on confidentiality may be obtained directly from the agency.
- Crime Victims Assistance Center (CVAC) provides crisis counseling and advocacy services to victims of crime. Advocates are available 24/7: +1 (607) 722-4256, located on 377 Robinson Street on the east side of Binghamton, NY.
- RISE: +1 (607) 754-4340 and +1 (877) 754-4340, located in a private location in Endicott, NY
- Services include: Assist individuals and families who experience, or are threatened with domestic violence. Shelter, supportive services, advocacy and counseling services are available for women and her children. Assistance with pursuing victim/survivor compensation of crimes or helps replace property lost or damaged during the crime
- A SAFE nurse is a registered nurse with special training in providing care to people who have been sexually assaulted. This nurse conducts medical forensic examinations and can serve as an expert witness. SAFE examinations can be conducted locally at UHS Binghamton General Hospital and Lourdes Hospital. Learn more about the SAFE program.
- Off-campus healthcare providers
- Note that medical office and insurance billing practices may reveal information to the insurance policyholder, including medication and/or examinations paid for or administered. The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency compensation. More information may be found here: Rights for Crime Victims (pdf), or by calling +1 (800) 247-8035. Options are explained at the Office of Victim Services: Help for Crime Victims.
Note that even individuals who can typically maintain confidentiality are subject to exceptions under the law, including when an individual is a threat to him or herself or others and the mandatory reporting of child abuse.
Non-Professional Counselors and Advocates
Non-professional counselors and advocates can also assist you without sharing information that could identify you. This includes members of the Crime Victims Assistance Center working with SUNY Broome Community College. These individuals will report the nature, date, time, and general location of an incident to SUNY Broome Community College’s Title IX Coordinator, but will consult with you to ensure no personally identifying details are shared without your consent. These individuals are not considered confidential resources as discussed above.
Privacy versus Confidentiality
Consistent with the code of conduct, references made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean SUNY Broome Community College offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. SUNY Broome Community College will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.
How SUNY Broome Community College Will Weigh the Request and Respond
If you disclose an incident to a SUNY Broome Community College employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to the institution’s request to initiate an investigation, the Title IX Coordinator must weigh your request against our obligation to provide a safe, non-discriminatory environment for all members of our community, including you.
We will assist you with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of your reporting choices. While reporting individuals may request accommodations through several SUNY Broome Community College offices, the Dean of Students Office (+1 (607) 778-5681; DOS@sunybroome.edu) can serve as a primary point of contact to assist with these measures. We also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify you or the situation you disclosed.
We may seek consent from you prior to conducting an investigation. You may decline to consent to an investigation, and that determination will be honored unless the SUNY Broome Community College’s failure to act does not adequately mitigate the risk of harm to you or other members of the SUNY Broome community. Honoring your request may limit our ability to meaningfully investigate and pursue conduct action against an accused individual. If we determine that an investigation is required, we will notify you and take immediate action as necessary to protect and assist you.
When you disclose an incident to someone who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality, SUNY Broome Community College will consider many factors to determine whether to proceed despite that request. These factors include, but are not limited to:
- Whether the accused has a history of violent behavior or is a repeat offender;
- Whether the incident represents escalation, such as a situation that previously involved sustained stalking;
- Whether there is increased risk that the accused will commit additional acts of violence;
- Whether the accused used a weapon or force;
- Whether the reporting individual is a minor; and
- Whether we possess other means to obtain evidence such as security footage, and whether the report reveals a pattern of perpetration at a given location or by a particular group.
If SUNY Broome Community College determines that it must move forward with an investigation, the reporting individual or victim/survivor will be notified and SUNY Broome Community College will take immediate action as necessary to protect and assist them.