Title IX

JCC declares and reaffirms a policy of non-discrimination in our non-discrimination notice.

JCC’s administration fully supports all local, state, and federal laws governing harassment, rape, and sexual assault and will prosecute violators to the fullest extent possible. Students violating this policy are subject to judicial procedures and sanctions, up to and including expulsion, which are outlined in the student constitution. Employees violating this policy shall be subject to disciplinary actions as defined in their respective labor contracts or human resource policies.

JCC is committed to providing prompt and compassionate support services to any victims of such assaults. If you or anyone you know has been a victim of a sexual offense on a JCC campus, you are urged to report the incident to JCC authorities as well as the police. If you are a victim of a sexual assault, you have the right to:

• report the incident to the coordinator of Campus Safety and Security for internal reporting and/or to pursue criminal charges;
• access support services, including free and confidential counseling, provided by JCC and/or the community.

For additional information and a list of campus and other community support resources concerning sexual offenses, contact the coordinator of Campus Safety and Security.

JCC prohibits gender and sexual discrimination

Title IX of the Education Amendment prohibits discrimination in the provision of services or benefits offered by Jamestown Community College based upon gender. Sexual discrimination includes sexual harassment, sexual assault, and sexual violence.

As defined by the Equal Employment Opportunity Commission, and the Office of Civil Rights Department of Education, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

The following are examples of types of conduct that may constitute sexual harassment:

• Inappropriate touching, patting, or pinching
• Physical assault or coerced sexual activity
• Demands or subtle pressure for sexual favors
• Obscene phone calls, email, or gestures

Any person (student, faculty, or staff) who believes that discriminatory practices have been engaged in based upon gender may discuss their concerns and file informal or formal complaints of possible Title IX violations with JCC’s Title IX coordinator.

The State University of New York and Jamestown 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 and 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.

You have the right to make a report to campus safety, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution.

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 from 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 institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident;
• Be free from retaliation by the institution, 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;
• Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.

JCC representatives will ensure that the following information is presented to the reporting individual at the time of their disclosure:

"You have the right to make a report to the JCC Safety and Security Office, local law enforcement, and/or State Police or choose not to report; to report the incident to JCC; to be protected by JCC from retaliation for reporting an incident; and to receive assistance and resources from JCC."

To file a report of sexual assault, domestic violence, dating violence, and/or stalking, submit a report by selecting the Incident reporting form at the top of this page. If you are completing a report for one of the listed incidents, or any sexual harassment, select “Title IX” in the Nature of this report dropdown. This ensures that only the Title IX Coordinator will receive your report. You can contact the Title IX Coordinator directing for information and assistance. Reports will be investigated in accordance with federal, state and local laws as well as JCC policy. If a reporting individual wishes to keep their identity anonymous, they can utilize the Silent Witness process anonymously to report the situation and access available options:

• Barry Swanson, Title IX Coordinator, College-Wide Safety and Security, 716.338.1015

All college employees who receive a disclosure from a reporting person are to keep the disclosure private; however, they are required to report the disclosure to the Title IX Coordinator. A reporting person can disclose the incident to one of the college officials listed below who can offer privacy and can provide information about remedies, accommodations, preservation of evidence and how to obtain resources. These college officials are private and not confidential resources and that they are also required to report the disclosure to the Title IX Coordinator. They will notify reporting individuals that the criminal justice process uses different standards of proof and evidence than college procedures. Questions about the penal law or the criminal process should be directed to campus safety, law enforcement or the district attorney. Private resources who can provide assistance and resources include:

• Title IX Coordinator;
• JCC Safety and Security Office (during regular business hours);
• Student Conduct and Judicial Officer;
• Director of Residence Life and Residence Directors;
• Success Centers.

By law, the JCC Health Center nurses may maintain confidentiality and can assist reporting persons in obtaining services (more information on confidential reporting is available in the Options for Confidentially Disclosing Sexual Violence Policy). A reporting person can confidentially disclose an incident to one of the nurses either in person or by phone on either JCC campus.

JCC Health Centers:

• Jamestown Campus: 716.338.1013, located in the COCE building (525 Falconer Street, Jamestown, NY)
• Cattaraugus County Campus: 716.376.7569, located in the College Center (260 N. Union Street, Olean, NY)

JCC advocacy and referral agency partners are also confidential resources that can assist a reporting person in need of help or guidance. These agencies are as follows:

• Jamestown Campus and North County Center: Salvation Army Anew Center 716.664.6567 (office) or 800.252.8748 (hotline)
• Cattaraugus County Campus (Olean): Connecting Communities in Action (Formerly Cattaraugus Community Action Inc.) 716.372.2097 (office) or 888.945.3970 (hotline)
• Other options to disclose confidentially the incident and obtain services from the New York State, New York City, or county hotlines: http://www.opdv.ny.gov/help/dvhotlines.html

Additional disclosure and assistance options are catalogued by the Office for the Prevention of Domestic Violence (1.800.942.6906) and presented in several languages, and assistance can also be obtained through:

• Legal Momentum;
• NYSCASA;  
• NYSCADV; 
• Pandora’s Project;
• RAINN; and
• Safe Horizons.
• (Note that these hotlines are for crisis intervention, resources, and referrals, and are not reporting mechanisms, meaning that disclosure on a call to a hotline does not provide any information to the campus. Reporting individuals are encouraged to additionally contact a campus confidential or private resource so that the campus can take appropriate action in these cases). These agencies are required to disclose incidents that jeopardize the safety of the campus community.

To file a criminal complaint with local law enforcement:

• Jamestown Police Department: 201 E. 2nd St., Jamestown, NY 14701 - 716.483.7536
• Olean Police Department: 101 E. State St., Olean, NY 14760 - 716.376.5677
• North County Center - Chautauqua County Sheriff’s Department: 716.753.4262
• NY State Police 24-hour hotline to report sexual assault on a NY college campus: 1.844.845.7269.

JCC Safety and Security and JCC Advocacy & Referral Agency partners can assist in coordinating legal proceedings in family court or civil court.

When the accused is an employee, the reporting individual may also report the incident to the Office of Human Resources and may request that one of the above referenced confidential or private employees assist in reporting to Human Resources.

Disciplinary proceedings in cases involving an employee will be conducted in accordance with applicable collective bargaining agreements between the employee and the college. When the accused is an employee of an affiliated entity or vendor of the college, college officials will assist in reporting the incident to the appropriate office of the vendor or affiliated entity, at the request of the reporting person. If the response of the vendor or affiliated entity is not sufficient, the Director of Human Resources may choose to coordinate the issuance of a persona non grata letter to the respondent, which is subject to legal requirements and college policy.

• JCC Office of Human Resources, Hamilton Collegiate Center, 525 Falconer St., Jamestown, NY  14702  716.338.1035

A reporting person may withdraw their complaint or involvement from the JCC process at any time.

SUNY Sexual Assault & Violence Resource (SAVR): JCC understands that students visit other SUNY schools and we educate our campus community about this link that provides a list of both on and off campus resources SUNY-wide.

The State University of New York and Jamestown 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:

• Privileged and Confidential Resources.
• Non-Professional Counselors and Advocates.
• Privacy versus Confidentiality.
• Requesting Confidentiality: How JCC Will Weigh the Request and Respond.
• Anonymous Disclosure.
• Institutional Crime Reporting.

Confidential Resources:

Individuals who are confidential resources will not report crimes to law enforcement or college officials without your permission, except for extreme circumstances, such as a health and/or safety emergency. At JCC, this includes:

• JCC Health Office - licensed medical professionals:  716.338.1013 for Jamestown – Hamilton Collegiate Center; 716.376.7569 for Cattaraugus – Student Center.  

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.
• The Salvation Army Anew Center – 83 S. Main St., Jamestown, NY  14701  716.664.6567 (office) and 800.252.8748 (Hot Line).
• Cattaraugus Community Action –Cattaraugus Community Action Victim Services & Rape Crisis Program, 25 Jefferson St., Salamanca, NY  14779  716.945.1041 X119 (Office) and 888.945.3970 (Hot Line).
• Chautauqua County Sexual Assault Nurse Examiner (SANE) Services – WCA Hospital (Emergency Room), 207 Foote Ave., Jamestown, NY 14701 716.664.8120.
• Cattaraugus County Sexual Assault Nurse Examiner (SANE) Services – Olean General Hospital (Emergency Room), 515 S. Main St., Olean, NY 14760 716.372.6275
• 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: http://ovs.ny.gov/ovs-services, or by calling 1.800.247.8035. Options are explained here: http://ovs.ny.gov/help-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.

Privileged Non-Professional Counselors and Advocates:

Non-professional counselors and advocates are considered privileged resources and can assist you without sharing information that could identify you with anyone other than the Title IX Coordinator. At Jamestown Community College, this includes certain members of JCC’s Success Center.

• Jamestown – Hamilton Collegiate Center: 716.338.1007
• Cattaraugus – Student Center 716.376.7508
• North County Center - 716.363.6500

These individuals are required to report the nature, date, time, and general location of an incident to JCC'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:

JCC employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary to investigate and/or seek a resolution and those resources are required to notify the Title IX Coordinator or designee, who is responsible under the law for tracking patterns and spotting systemic issues. Jamestown Community College will limit the disclosure as much as possible, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

Requesting Confidentiality: How JCC Will Weigh the Request and Respond:

If you disclose an incident to a JCC 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. Reporting individuals may request accommodations through several college offices. 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 JCC’s failure to act does not adequately mitigate the risk of harm to you or other members of the JCC 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, Jamestown Community College officials 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,
• The 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 JCC determines that it must move forward with an investigation, the reporting individual will be notified and JCC will take immediate action as necessary to protect and assist them.

Anonymous Disclosure:

Jamestown Community College understands the difficulty people may experience in face-to-face reporting of crimes or incidents of concern. As a result, the College offers the Silent Witness Program to anyone who has witnessed, or knows about, a crime committed on campus.

An individual can pull up the silent Witness form on the JCC webpage from any computer and enter information on the type of crime, location of the crime and any details. The information is then routed to the Director of Campus Wide Security who follows up with an investigation. Find more information and the reporting form.

The Hotline is for crisis intervention, resources and referrals and is not a reporting mechanism.

New York State Hotline for Sexual Assault and Domestic Violence: 1.800.942.6906

Differences between the criminal justice system and the college disciplinary system relative to sexual violence:

There are many differences between the criminal justice system and the college disciplinary system relative to sexual violence. Some of the differences are the goals, reporting requirements, and investigative processes, standards of evidence, hearings, findings/results and sanctions that can be imposed between the two systems.

The goals of the criminal justice system are public safety, deterrence, and punishment, whereas, the goals of the college are education, safety, and providing a supportive campus environment.

The laws governing law enforcement are the New York State Penal Code, New York State Criminal Procedure law, Federal Criminal Law, and Rules of Evidence. The college is mandated to comply with Federal Title IX, The Clery Act as amended by the Violence Against Women Act; NYS Education Law sections 129-A and 129-B and New York State Enough is Enough legislation.

Contact the Title IX Coordinator for more information regarding the differences between the two systems.

Institutional Crime Reporting:

Reports of certain crimes occurring in certain geographic locations will be included in the JCC Clery Act Annual Security Report in an anonymized manner that neither identifies the specifics of the crime or the identity of the reporting individual or victim/survivor. The contact for Title IX and Clery reporting is:  Barry Swanson, Title IX Coordinator and JCC Coordinator of Safety and Security, Hamilton Collegiate Center, 716.338.1015.

Jamestown Community College is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when potentially compromising law enforcement efforts and when the warning itself could potentially identify the reporting individual or victim/survivor). A reporting individual will never be identified in a timely warning.

The Family Educational Rights and Privacy Act allows institutions to share information with parents when (1) there is a health or safety emergency, or (2) when the student is a dependent on either parents’ prior year federal income tax return. Generally, JCC will not share information about a report of sexual violence with parents without the permission of the reporting individual.

• Oversight of the College’s Title IX program, which includes all forms of sexual harassment, to ensure prompt and equitable resolution of all complaints;
• Coordinating training, education, and prevention programs for the College Community;
• Providing consultation, and technical assistance on Title IX (and related laws) for the College Community;
• Providing information about college policies and procedures;
• Ensuring private and confidential avenues to report an incident and overseeing the reporting process to ensure there is a central place to report an incident;
• Collaborating with community partners to ensure an appropriate response in place to meet the needs of the campus community;
• Providing information about campus and community resources;
• Facilitating academic and residential accommodations to address safety concerns and to support victims/reporting persons to ensure academic and professional goals may be attained;
• Facilitate connections to off-campus referral, advocacy and reporting agencies.
• Conducting investigations of workplace discrimination and sexual violence to ensure a fair and impartial process for all community members;
• Maintaining records and compiling required reports;
• Provide support and resource to pregnant and parenting members of the college community;
• Assure compliance with NYS Enough is Enough legislation, Federal Title IX and other applicable laws.

Jamestown Community College provides comprehensive onboarding and ongoing training to the campus community through a variety of training options and venues.  The training covers topics required by Title IX and NYS Enough is Enough mandates.

Training is provided to first-year and transfer students via onboarding and student success seminar classes. Members of student leadership groups, all athletes, coaches, athletic directors, residence life staff and residents of the campus residence life program receive annual Title IX training. The college requires employees to participate in annual Title IX training.

The Title IX Coordinator and Title IX Investigators receive annual training commensurate with their responsibilities.

Students shall be subject to disciplinary or legal action, or both, for misconduct on the campus or at college sponsored activities or off campus when there is a significant relation to or effect on the college or the student population. Physical harm or threat of physical harm to anyone or verbal abuse resulting in intimidation, harassment or coercion of another person or group of persons including such acts as: assault, battery, stalking, sexual assault, or sexual harassment of another person, dating or domestic violence, or any other conduct which directly threatens or endangers the health and safety of any person is prohibited.

Affirmative Consent: 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.

Stalking: Intentionally engaging in a course of conduct, directed at a specific person, which is likely to cause a reasonable person to fear for their safety or the safety of others or cause that person to suffer substantial emotional damage. Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, including electronic means, with such person(s) in a manner likely to intimidate, annoy, or alarm them.

Sexual Misconduct can be defined as, but not limited to, one or more of the following:

Intimate Partner Violence includes Dating Violence and Domestic Violence, both of which are further defined below. Intimate Partner Violence can occur in relationships of the same or different genders.

Dating Violence: Any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the victim’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence.

Domestic Violence: Any violent felony or misdemeanor crime committed by a current or former spouse or intimate partner of the victim, a person sharing a child with the victim, or a person cohabitating with the victim as a spouse or intimate partner.

Sexual Assault: A sexual assault has been committed when an individual engages in sexual activity without the explicit consent of the other individual involved.

Sexual activity is any touching of a sexual or other intimate part of a person for the purpose of gratifying sexual desire of either party. This includes coerced touching of the actor by the victim as well as the touching of the victim by the actor, whether directly or through clothing.

Sexual assault includes any forced act against one's will where sex is the weapon. This can include, but is not limited to:

• Sexual battery: the unwanted touching of an intimate part of another person for the purpose of arousal by the actor
• Sodomy: forced anal intercourse
• Oral copulation: forced oral-genital contact
• Rape by a foreign object: forced penetration by a foreign object including digits (fingers and toes)
• Rape: penile-vaginal intercourse against a person's will and without consent

In judicial cases involving sexual harassment, sexual violence, domestic violence, dating violence, and stalking, the following accommodations may be applied at the discretion of the judicial officer:

• When the accused is a student, to have the college issue a “no contact order,” meaning that continuing to contact the protected individual is a violation of college policy subject to additional conduct charges; if the accused and a protected person observe each other in a public place, it is the responsibility of the accused to leave the area immediately and without directly contacting the protected person.
• When the accused is a student and presents a continuing threat to the health and safety of the community, to have the accused subject to interim suspension pending the outcome of a conduct process.
• Either party may request a prompt review of the need for and terms of an interim suspension.
• When the accused is not a student but is a member of the college community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements, employee handbooks, and JCC policies and rules.
• When the accused is not a member of the college community, to have assistance from the JCC safety office or other college officials in obtaining a persona non grata letter, subject to legal requirements and college policy.

To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to ensure safety, prevent retaliation, and avoid an ongoing hostile environment.

Parties may request a prompt review of the need for and terms of any interim measures and accommodations that directly affect them.

While reporting individuals may request accommodations through any of the offices referenced in this policy, the office of the vice president of student development can serve as a point to assist with these measures.

Both the accused/respondent and reporting individual may request a prompt review of the need for and terms of a “no contact order,” consistent with JCC policy. Parties may submit evidence in support of their request.

Students have a right to:

• Assistance from the JCC safety office or other college officials in initiating legal proceedings in family court or civil court, including but not limited to obtaining an order of protection or, if outside of New York state, an equivalent protective or restraining order;
• To receive a copy of the order of protection or equivalent and have an opportunity to meet or speak with a college official who can explain the order and answer questions about it, including information from the order about the accused’s responsibility to stay away from the protected person(s); that burden does not rest on the protected person(s);
• To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension.

To have assistance from the JCC safety office in effecting an arrest when an individual violates an order of protection or, if outside of New York state, an equivalent order. 

Title IX hearings are not civil or criminal proceedings, and are not designed to mimic formal trial proceedings. They are primarily educational in nature, and the U.S. Department of Education, writing about Title IX in the Final Rule “purposefully designed these final regulations to allow recipients to retain flexibility to adopt rules of decorum that prohibit any party advisor or decision-maker from questioning witnesses in an abusive, intimidating, or disrespectful manner.” 85 Fed. Reg. 30026, 30319 (May 19, 2020).

To achieve this purpose, institutions may provide for reasonable rules of order and decorum. At base, these Rules of Decorum require that all parties, advisors of choice, and institutional staff treat others who are engaged in the process with respect.

• Full JCC Decorum Policy for Title IX Grievance Process Hearings

If a student is found responsible for sexual misconduct the following sanctions shall apply:

Disciplinary suspension - A decision that removes the student from the college for a specific period of time, ranging from one day to an academic year. The terms of reinstatement will be set forth in the notice of suspension, which include meeting with the dean of student development regarding the intent to return to the campus. A record of the incident will be added to the student’s conduct file. The student will be barred from college premises and college sponsored events during the suspension period, except with the express written permission of the dean of student development. Students who are suspended will not be eligible for a refund. This includes tuition and the cost of on-campus housing. JCC considers dating violence, domestic violence, sexual assault, and stalking as extremely serious violations, subject to suspension and/or expulsion from the college, and will result in a transcript notation.

Disciplinary expulsion - A lengthy separation of the student from the college, to be more than one academic year in length. A record of the incident will be added to the student’s conduct file. The student will be barred from college premises and college sponsored events. If the student is desirous to return to the campus after the terms of expulsion have been met, the student must meet with the vice president of student development, who will determine if the student could be allowed to request readmission to the college. If readmitted, the student would be placed on probation status. (See 3). JCC considers dating violence, domestic violence, sexual assault, and stalking as extremely serious violations and subject to suspension and/or expulsion from the college, and will result in a transcript notation.

Transcript Notations - For crimes of violence, including, but not limited to sexual violence, a notation shall be made on the transcript of students found responsible after a conduct process that they were “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” For the respondent who withdraws from JCC while such conduct charges are pending, and declines to complete the disciplinary process, JCC shall make a notation on the transcript of such students that they “withdrew with conduct charges pending.” Respondents may appeal the decision and seek the removal of a transcript notation for a suspension, provided that such notation shall not be removed prior to one year after conclusion of the suspension, while notations for expulsion shall not be removed. If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.

No member of the JCC community shall retaliate, intimidate, threaten, coerce or otherwise discriminate against a person who files a Title IX complaint, serves as a witness, or assists or participates in a Title IX proceeding in any manner.

Retaliation defined:

A. Engaging, directly or indirectly, in any action or attempting to harass, intimidate, retaliate against, or improperly influence any individual involved with the Student Conduct System.

B. An intentional act taken against an individual who initiates any sexual misconduct complaint, including stalking of intimate partner violence, pursues legal recourse for such a complaint, or participants in any manner in the investigation of such a report. Any act of retaliation is prohibited and is subject to a student conduct referral.

Bystander Intervention is a philosophy and strategy for prevention of various types of violence, including bullying, sexual harassment, sexual assault, and intimate partner violence. Simply put, it’s when someone interrupts a potentially harmful situation. That includes stopping actions or comments that promote sexual violence and discourages victim blaming, offers the chance to change social norms and shifts responsibility to both men and women to intervene.

The JCC Good Samaritan 911 Policy supports students who reach out for assistance in the case of a medical emergency, as well as supports the student who is helped. This policy also applies to victims of and witnesses to crimes, including sexual violence. Therefore, a student or student organization seeking medical treatment for him/herself, or for any other student who is in immediate medical need, or any student who is the recipient of this emergency medical help, will not be subject to disciplinary sanctions related to the violation of using or possessing alcohol or other drugs, as defined in the JCC Code of Conduct. This policy applies to emergencies both on and off campus.

The health and safety of every student at the State University of New York and its state-operated and community colleges is of utmost importance. JCC 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.

JCC strongly encourages students to report incidents of 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 JCC officials or law enforcement will not be subject to JCC’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. 

Faculty or other college personnel have the right and the responsibility to take appropriate action when an instance of inappropriate behavior is observed. The form of intervention taken by the instructor or other college personnel will depend on the nature of the misconduct observed. The Constitution of the Student Body outlines the process to be followed and sanctions that may be placed on students who engage in various forms of misconduct. 

Title IX provides that:

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.

The US Department of Education’s regulation implementing Title IX specifically prohibits discrimination against a student based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions.

Jamestown Community College allows pregnant students to participate in all of the college’s educational programs including specific classes such as advanced placement or honors classes, extracurricular programs, interscholastic sports, honor societies, and opportunities for student leadership, among other activities.

Jamestown Community College does not conduct special instructional programs or classes for pregnant students. If the college implements these programs or classes for a pregnant student, the student’s participation will be completely voluntary on the part of the student, and the programs and classes will be comparable to those offered to other students.

Jamestown Community College will not require a doctor’s note or excuse for the student’s absences because of pregnancy or childbirth. In addition, a school must excuse a student’s absences because of pregnancy or childbirth for as long as the student’s doctor deems the absences medically necessary.

When a student returns to school, they must be allowed to return to the same academic and extracurricular status as before their medical leave began.

Jamestown Community College will ensure that the policies and practices of individual faculty do not discriminate against pregnant students. For example, a faculty member may not refuse to allow a student to submit work after a deadline that they missed because of absences due to pregnancy or childbirth. Additionally, if a faculty member’s grading is based in part on class attendance or participation, the student should be allowed to earn the credits they missed so that they can be reinstated to the status they had before the leave.

The Title IX Coordinator’s office is located in room 48 of the COCE building on the Jamestown Campus. Jamestown Community College has designated Barry Swanson as the college’s Title IX Coordinator. Mr. Swanson can be contacted in person, by phone at 716.338.1015 or by email at: barryswanson@mail.abadiadetortoreos.com.

Jamestown Community College has posted the college’s Non-Discrimination Notice and Grievance Process for Addressing Formal Complaints of Sexual Harassment on the college website.

Pregnant or parenting students with questions, concerns, or requests for accommodations should contact the Title IX Coordinator.

Lactation Rooms:

Students who need the use of lactation room should contact one of the College Health Centers to inquire about room locations and scheduling the use of a room.

• Jamestown Campus: 716.338.1013 or 716.338.1077
• Cattaraugus County Campus: 716.376.7569 or 716.307.0882
  • Roger Johnson

Consistent with New York State Education Law 129-B and policies of The State University of New York, Jamestown Community College participated in the 2023 Sexual Violence Prevalence (SVP) Campus Climate Survey. The SVP survey is administered every other year by all SUNY campuses, who work closely with SUNY System Administration to coordinate the administration survey. An effort is made to keep the questions from one survey administration to the next as consistent as possible to allow for reliable and meaningful longitudinal data. System-wide IRB review takes place for each survey administration.

Jamestown Community College administered the survey to students and employees between April 10, 2023, and April 30, 2023. Excluded in the survey populations were individuals under 18 years of age, all incarcerated individuals regardless of age, and all students concurrently enrolled in high school regardless of age. The Survey gathered information about student and employee experience with sexual and interpersonal violence and knowledge of policies and resources.

Jamestown Community College, working with SUNY and community colleagues (including students, faculty, and staff), will use this data to improve response to violence, develop prevention programs, and will continue to study the issue sexual and interpersonal violence.

More information about the Biennial SUNY Uniform Campus Climate Survey is available at: suny.edu/climatesurvey

• 2023 Jamestown Community College Sexual Violence Prevention Campus Climate Survey report