- When the Accused/Respondent is a student, to have the college issue a “No Contact Order.” When a No Contact order is in effect, continued contact with the Victim/Complainant is a violation of Community Standards and will result in additional conduct charges. If the Accused/Respondent and a Victim/Complainant observe each other in a public place, it is the responsibility of the Accused/Respondent to leave the area immediately and without directly contacting the Victim/Complainant. Both the Accused/Respondent and Victim/Complainant may request a prompt review by the Title IX Coordinator of the need for and terms of a No Contact Order. Parties may submit evidence in support of their request.
- To have assistance from Public Safety 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/Respondent’s responsibility to stay away from the Victim/Complainant.
- 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 Public Safety in effecting an arrest when an individual violates an Order of Protection or, if outside of New York State, an equivalent protective or restraining order within the jurisdiction of Public Safety or, if outside of the jurisdiction to call on and assist local law enforcement in effecting an arrest for violating such an order.
- When the accused is a student and presents a continuing threat to the health and safety of the community, to have the Accused/Respondent subject to interim suspension pending the outcome of the Community Standard judicial process. Parties may request a prompt review of the need for and terms of an interim suspension in accordance with the procedures set forth in Article IV. A of these Community Standards.
- To obtain reasonable and available Interim Measures 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. Such measured will be imposed by the college’s Title IX Coordinator. Students (or their professional counselor or advocate) may also contact the Title IX Coordinator to request interim measures. Refer to the college’s Sexual and Gender-Based Misconduct Policy for additional information.
H. Definitions of Confidentiality and Privacy
1. Confidentiality – means to keep secret and not to tell anyone else. Confidential resources at Canisius include our Counseling Center, Student Health Center, and our Crisis Services Advocate. These individuals will not share any information that is shared with them, unless such information leads them to believe that there is an immediate and potentially deadly threat to a person or the Canisius Community.
2. Privacy – means information will not be shared with the general public or with anyone who does not have a need to know. Private resources at Canisius include the Title IX Coordinator and other mandatory reporters. These individuals will share information only with those who need to know in order to pursue a Title IX investigation or to protect a person or the Canisius Community.
I. Obligation to Determine a Continuing Threat
Canisius College has a Threat Assessment Team. This team is comprised of relevant individuals from our Student of Concern team. When the need to determine a continuing threat occurs or when a request is made for a threat assessment by a confidential resource or a mandatory reporter related to an allegation of sexual violence the Title IX Coordinator will call an immediate meeting of the Threat Assessment Team. This meeting would include a confidential resource (if that person made the request), a mandatory reporter (if that person made the request), the Title IX Coordinator, the Title IX investigator (if an investigation has already begun), the Director of Public Safety, and other individuals deemed necessary by the Title IX Coordinator. A victim/reporting individual’s privacy will be a priority while trying to maintain that person’s safety as well as the health and safety of the community.
ARTICLE II: JUDICIAL AUTHORITY