Information for Complainants

The Office for Institutional Equity is responsible for addressing reported instances of prohibited conduct and determining the appropriate response from the College. There are resources on and off campus to answer your questions and offer you support through the process. While working with the Office for Institutional Equity, please consider the following FAQs. If you have additional questions, please contact the Office for Institutional Equity.

Terminology: A “Complainant” is a person who an individual who is alleged to be the “victim” or person harmed and an individual who has been reported to be the perpetrator or the person who is alleged to have caused the harm is the “Respondent.” Any person may be a Complainant, regardless of whether the person is a student, employee, faculty member, or otherwise affiliated with the College. A Respondent is a member of the campus community (student, faculty member, or other employee of the college).

FAQs

What options are available for support and assistance?

1. Report confidentially for guidance, support, and supportive measures to the CARE Office, SAVP, Social Identity Harm Advocate (SIH), Counseling Service, Office of Restorative Practices (for students), or the Employee Assistance Program (for employees).
   1. Note on Privacy vs. Confidentiality. The Confidential Campus Resources listed above do not advise Complainants and Respondents on how best to respond to Office for Institutional Equity investigations or College resolution process. While the conversations between Complainants and Respondents and SIH Advocates, CARES, SAVP, or the Office of Restorative Practices are kept private, the program does not offer complete confidentiality in the way a licensed therapist, counselor, or attorney would.
2. Report to the Office for Institutional Equity to request supportive measures only.
3. Report to Office for Institutional Equity and file a formal complaint and participate in an informal or administrative resolution process.
4. Report a crime to law enforcement or to an external agency.

Should I report even if I don’t want an investigation?

If you believe you have experienced any prohibited conduct as defined by the College’s Policy Against Discrimination, Harassment, and Sexual Misconduct, we encourage you to report it to the Office for Institutional Equity. This office can assist you in coordinating supportive measures, regardless of whether you choose to request an investigation.

What happens after a report is made to Office for Institutional Equity?

• The Office for Institutional Equity sends an outreach email to the Complainant.
• The Office for Institutional Equity connects student complainants with a CARE case manager, SAVP Advocate, Counseling Services, and Social Identity Harm Advocate (SIH) and connects employees to an EAP counselor.
• The Office for Institutional Equity meets with the Complainant at their discretion to discuss the reported incident and desired ‘next steps’.
• The Office for Institutional Equity will offer supportive measures at no cost, such as academic assistance, changes in housing, workplace adjustments, counseling, and other reasonable accommodations to ensure equal access to the College’s programs and activities.
• Meeting with the Office for Institutional Equity Team does not obligate the individual to file a formal complaint or participate in an investigation.
• If our office is not the right one to address the issues, we will assist the Complainant by directing them to the appropriate office and providing their contact information.

What is the Office for Institutional Equity’s Role?

The Office for Institutional Equity is regarded as a neutral entity because it ensures that Vassar College complies with laws against discrimination and harassment, including those related to sex-based discrimination, interpersonal violence, and sexual violence. The Assistant Vice President for Institutional Equity and Title IX Coordinator oversees a fair and impartial response to complaints of discrimination and ensures that the College takes appropriate action to address these issues and prevent future incidents.

As a neutral office, the Office for Institutional Equity team does not advocate for either the Complainant or the Respondent. Our primary goal is to provide support, recommend resources, and clarify policies, processes, and procedures. This includes offering support and resources, implementing training initiatives, and overseeing the College’s investigation and resolution process (informal and administrative).

Can I have a Support Person?

A Complainant has the right to bring one Support Person to any meetings with the Office for Institutional Equity for moral and emotional support. The Support Person can be anyone chosen by the Complainant, provided they are not involved in the incident. Support Persons may include College faculty, administrators, staff, other students, family members, friends, union representatives, etc. We kindly request that Complainants inform us in advance if they intend to bring a Support Person.

It is important to note that Support Persons do not have an active role during resolution proceedings unless explicitly allowed by College policy. Generally, Support Persons cannot speak for or represent the Complainant. Complainants are expected to advocate for themselves.

Can I have an Advisor in addition to a Support Person?

The Complainant has the right to have one Advisor present during all meetings and interviews within the Resolution Process, including the intake stage. This Advisor can be a friend, mentor, family member, attorney, or any individual of their choice. Additionally, the Complainant may have a Support Person alongside their Advisor. Each party is free to select any individual they wish to serve as their Advisor, as long as that person is eligible and available.

If a party does not have an Advisor to assist them during the College’s Administrative Resolution Process, the Office for Institutional Equity will offer to assign a trained Advisor at no cost. However, the College cannot ensure equal Advisory rights. For example, if one party chooses an attorney as their Advisor and the other party does not, or cannot afford an attorney, the College is not obligated to provide an attorney to the second party.

Is the Respondent automatically notified if I make a report?

No, the person accused of a policy violation (the Respondent) is not automatically notified when a report is made to the Office for Institutional Equity. The Respondent will only be informed if the Complainant chooses to initiate an investigation by filing a formal complaint, if the College is obligated to initiate an investigation, or if the Complainant (or Respondent) requests a No Contact Directive. The Complainant’s privacy will be respected to the greatest extent possible.

If I tell a faculty member or other employee what happened, what happens?

All employees at Vassar College are considered mandatory reporters. This means they are required to report any information they learn to the Office for Institutional Equity. Once the Office for Institutional Equity receives a mandated report, a team member will reach out to the identified complainant (the impacted party) to provide resources, offer assistance, and explain their options. The complainant is never required to meet with a member of this office and has the right to decide whether to respond to outreach or meet with the Office for Institutional Equity.

Typically, the Office for Institutional Equity will attempt to contact the complainant three times. If the complainant does not respond, the office will respect their choice not to engage further.

Additionally, the Office for Institutional Equity generally does not follow up with the mandated reporter after the initial report, in order to protect the privacy of all parties involved and in compliance with FERPA regulations. If a mandated reporter completes the Online Mandated Reporter Form, they will receive a confirmation email for their records, confirming that the report has been made. Once the mandated report is submitted, no further action is required from the reporter unless the Office for Institutional Equity reaches out for more information.

If an incident occurred off-campus, online, or if the respondent is not affiliated with the College, can I still receive assistance with supportive measures?

Yes. Even if the conduct took place at an off-campus location, or online, a Complainant can still provide information to the Office for Institutional Equity and request supportive measures.

If the alleged prohibited conduct occurred in a different semester or year, the complainant can file a formal complaint as long as the Respondent is still affiliated with the College as either a student or an employee.

If the Respondent is no longer affiliated with the College, the Complainant can still request assistance with supportive measures.

Will the College automatically report to the police if I report a crime?

In most cases, the decision to report an incident to law enforcement is made by the Complainant. However, there are certain situations in which the College is required to report incidents involving violent crimes, hate crimes, and hazing to local law enforcement as soon as reasonably possible. The College has established a Memorandum of Understanding (MOU) with local law enforcement to improve communication, coordination, and collaboration. This MOU aims to provide specialized, trauma-informed responses both on and off-campus for incidents of sexual assault, violence, and hate crimes, while also respecting the privacy of the reporting party and their requests for confidentiality.

If I have a disability, can I request an accommodation when reporting, during the investigation, and/or for a resolution process?

Yes, you can request disability-related accommodations by contacting the Office for Institutional Equity or the Office of Accessibility and Educational Opportunity. You can contact the Office for Institutional Equity or the Office for Accessibility and Educational Opportunity (AEO) by email or phone.

What are my rights as a Complainant?

As a Complainant, you have the following rights during the College investigation and resolution process:

1. Fair Process: You have the right to participate in a College investigation that is conducted promptly, fairly, reliably, and equitably, in accordance with College policies. This includes an investigation and resolution process that includes a presumption that a complaint has been made in good faith by the Complainant, and the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the administrative resolution process by the applicable standard of proof (preponderance of the evidence).
2. “Enough is Enough” Senate bill was signed into New York State law on July 7, 2015. Its purpose is to require all colleges and universities in the State of New York to implement uniform definitions of prohibited behavior, and prevention and response policies/procedures relating to sexual assault, domestic violence, dating violence, and stalking that impact students on and off campus. For more information see: Policies.
3. Impartial Officials: The investigation and resolution process must be conducted by officials who have no conflicts of interest or biases towards either party. These officials receive annual training on discrimination, harassment, and sexual misconduct issues.
4. Respectful Treatment: You are entitled to be treated with respect by all officials at Vassar College.
5. Access to Support Resources: You have the right to access campus support resources.
6. Interim Safety Measures: You will be informed about the availability of interim safety and supportive measures, such as no-contact directives or changes to academic, employment, or living situations, to separate the involved parties.
7. Advisor Assistance: You have the right to have an advisor or support person of your choice attend all meetings related to the investigation and resolution process.
8. Timely Notifications: You will receive timely notice of all meetings you are expected to attend.
9. Status Updates: You can expect to receive periodic updates regarding the status of the investigation and resolution, including the reasons for any delays.
10. Evidence Standard. The administrative resolution process will be resolved based on a “preponderance of the evidence” standard, meaning it is determined whether it is more likely than not that a Vassar College policy was violated.
11. Written Outcome Notification. You will receive written notice of the outcome of the administrative resolution or informal resolution process, including the reasoning for the outcome.
12. Notice of Sanctions: You will be informed in writing of any sanctions or corrective actions imposed as a result of the outcome, along with the rationale for these sanctions or actions.
13. Appeal Process Explanation. You have the right to have the process and timeline for requesting an appeal of the outcome and/or any disciplinary sanctions or corrective actions explained to you.
14. Right to Appeal: You may request an appeal of the external Decision-Maker’s findings and/or the sanctions or corrective actions imposed.
15. Consistent Appeal Process: Appeals will be conducted in a manner consistent with the processes outlined in College policy.
16. Protection from Retaliation: You have the right to be free from retaliation or intimidation for participating in the College’s investigation and resolution process.