Info for the accused

Accused Student Guide

This guide provides a lot of helpful information related to student-on-student experiences of sexual harassment and discrimination. It is highly encouraged that due to the amount of information in this guide that an accused student connects with a case manager with the CARE Team to go over the information herein so they can ask questions and get support. 

Note about terms: There are a number of terms and labels that an individual impacted by an allegation related to an interpersonal concern or violence might use. Some of the common terms that can be used in addition to or as an alternative for accused include: alleged, respondent, perpetrator, and defendant. Individuals are encouraged to use whichever term or terms feel right for them.

Table of Contents

Common Services the CARE Team Offers Accused Students

How to Contact A Case Manager: 

Location: UUW 207A (just down the hall from Visions in the Union) 

Email: dos@binghamton.edu 

Phone: 607-777-2804

Common services provided by a case manager for an accused student include: 

  • Case managers can provide private space for an accused student to talk about their situation to a non-judgmental listener.
    • Reminder: The CARE Team is private, not confidential. If a student would like to be connected to confidential resources the CARE Team can help with that. 
  • Case managers can walk a student through the Student Conduct process so they understand what to expect in each part of the process.
  • A case manager can attend meetings with a student.
  • Case managers can help students have conversations with family members about their situation.
  • A case manager can NOT provide legal advice or serve as a lawyer for a student, however they can offer resources regarding legal support.
  • Case managers can connect students with mental health resources, academic support, and on- and off-campus resources.
  • Case managers can assist students in communicating with faculty.
  • Case managers can assist students as they develop their opening statements, closing statements, and questions, if a case goes to a Student Conduct hearing.
  • Case managers can assist students in the process of negotiating their Student Conduct Administrative Agreement.
  • Case managers can help students share their thoughts and concerns. However, a case manager can not speak for a student.
  • Case managers can help students if they need to find alternative housing.
  • Case manager can explain No Contact Orders and the expectations related to them.
  • Case managers can help review Student Conduct materials.
  • Case managers can NOT act as advisors in the 2020 Title IX grievance process but can help students find advisors.

What to Expect When Working with the CARE Team 

Step 1: Often respondents get connected with the CARE Team through Student Conduct. Other times responding students will come directly to the CARE Team to set up an appointment. 

Step 2: During the appointment students can expect that the case manager will begin with information about their role and that of the CARE Team. Case managers will offer an overview of their reporting obligations, and the difference between private and confidential. 

Reminders: 

  • Students can share as much or as little information as they would like.
  • Students do not need to be going through the Student Conduct or criminal process to get support through the CARE Team.
  • The CARE Team is not an adjudicating body.

Step 3: Once a student is informed about the reporting obligations of the case manager, the case manager often goes over the different options and resources that a student has available to them. The CARE Team often walks students through different processes.

Some common options offered: 

  • Referrals to confidential resources such as UCC
  • Help communicating with faculty
  • An overview of accountability processes and the different types of reports that can be made
  • Exploration of the Code of Student Conduct 
  • Explaining what a No Contact Order means 

Step 4: Depending on what a student is looking for; a case manager can help with next steps. This could be attending future meetings with them, helping with emails to faculty, and referral information regarding additional resources. In addition, the case manager works with the student regarding what kind of support they are looking for, this could be email check ins, phone calls, or in person meetings, depending on the needs of the student. 

Resources 

Students feeling immediately unsafe should always contact Binghamton University Police.

Confidential vs. Private resources 
Private resources*

Obligated to report known names and facts to the Title IX Coordinator. The University may take action.

Confidential resources 

Information remains with the student and the source. Source is not obligated to report to Title IX Coordinator or anyone else unless there is imminent concern for safety. 

Anonymous Resources:

Student's identity remains unknown to the source.

Academic Supports: 

●      University Tutoring Services: 607-777-9235

●      Student Transition and Success: 607-777-5007

 Legal Help:

●      Legal Clinic: 607-777-2797

●      NY Bar Association: 518-463-3200

Off campus Housing Options: 

●      Off-Campus College – Housing: 607-777-2797 

●      Hotels 

Other Resources:

  • Susquehanna River Region's online database (information and referral): 211 or 1-800-901-2180
  • RISE (Emergency Shelter): 607-754-4340
  • A New Hope Center (Owego): 607-687-6866
  • National Suicide Prevention Hotline:  1-800-273-8255
  • Trevor Lifeline Project (LGBTIQ) 24/7 help line: 1-866-488-7386
  • SUNY Sexual Assault and Violence Response (SAVR) Resources
  • Local law enforcement:All emergencies/Broome County Dispatcher: 911
    • City of Binghamton Police: 607-723-5321
    • Town of Vestal Police: 607-754-2111
    • Village of Endicott Police: 607-785-3341
    • Village of Johnson City Police: 607-729-9321

Student Bill of Rights 

The State University of New York and Binghamton University are committed to providing options, support and assistance to students who have experienced forms of sex-based harassment or discrimination (including sexual assault, domestic violence, dating violence, stalking, quid pro quo and/or hostile environment harassment), to ensure that they can continue to participate in college/University-wide and campus programs, activities and employment.

All students who have experienced these crimes and violations, regardless of race, color, national origin, religion,creed, age, disability, sex (including sex stereotypes), sex characteristics, gender identity or expression, sexual orientation, familial status, pregnancy or related conditions, 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 healthcare 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.

No Contact Order 

What is a No Contact Order?

 A “No Contact Order” (NCO) may be issued if deemed appropriate by the University or at the request of the claimant.  Often NCOs are issued by the Office Of Student Conduct, Residential Life, the Crisis Response Team, or the Dean of Students Office.  A No Contact Order will be issued to prevent a student from contacting another student as a temporary supportive measure or as the outcome of a disciplinary process. However, a No Contact Order will only be granted for students who have interpersonal conflicts raising concern that physical or psychological harm may result from further contact. The University will consider all available facts and known circumstances before issuing a No Contact Order. 

No Contact Orders prohibit all forms of communication between designated students including direct and indirect contact, written and electronic communication (social media, email, text, chat, etc.) or communication through a third party. Other actions prohibited by a no contact order include but are not limited to: stalking the other person(s), following the other person(s) and any other behaviors that would make a reasonable person feel threatened. 

No Contact Orders apply on and off campus, and are in place while all parties are students at Binghamton University. No Contact Orders are University specific and police departments and other municipalities would not acknowledge or enforce this Order off campus. Violations in locations off campus need to be reported to University Police or the Office of Student Conduct.

A No Contact Order is not a court-issued Order of Protection. 

If you are concerned about your personal safety and feel that an Order of Protection is needed, please contact the Binghamton University Police Department or the local police.

Common Questions Related to NCOs

  1. What contact is covered by a no contact order?
    Restrictions from any intentional contact on or off campus with the other party is covered by a no contact order.

    This restriction means students may not contact the other party through verbal, nonverbal, physical, electronic, or other forms of communication. Students may not communicate with the other party through means that include, but are not limited to, a mailed written letter, email, social networking sites, phone calls, text messages, and voicemails.

    In addition, this restriction of contact extends to any actions that a third party, such as a friend, family member, or acquaintance, takes on a student's behalf. For example, a student may not ask a classmate to send a text message to the other party for them. Students may also not ask their advisor of choice in a matter to directly contact the other party.
  2. What offices issue No Contact Orders?
    Residential Life, Dean of Students Office, the Office of Student Conduct, and the Crisis Response Team.
  3. Will this appear on a student's record?
    No. If other actions that cause or result in a No Contact Order are part of a conduct case, the outcomes of that case may be on a student’s record.
  4. What locations are covered by a no contact order?
    Restriction of contact covers communication with the other party and does not vary based on one's geographic location. For example, one party may not send an email to the other party even if they are not physically on campus. However, all parties are free to enter any campus building that they are otherwise entitled to use unless stated otherwise in their no contact letter.
  5. How long does the no contact restriction last?
    The duration of a temporary NCO is considered individually for each request. The purpose of the no contact order is to preserve equal access to educational programs and activities without unreasonable burden.

    The No Contact Order may be removed, modified, or maintained at the university’s discretion. Decisions to update the no contact may depend on, but are not limited to, the outcome of an investigation, if any, conduct action, additional information received by University officials, or a student(s) request to modify the no contact order.
  6. What happens if the other party attempts to contact me?
    If the other party attempts to contact a student, students should contact University Police (emergencies) or the Office Of Student Conduct (non-emergency) as follows:
    UPD
    Campus Phone: 911    
    Cell Phone: 607-777-2393
    Email: police@binghamton.edu
    Student Conduct
    607-777-6210
    conduct@binghamton.edu

  7. What should a student do if they see the other party?
    Both parties should refrain from intentionally making contact with one another.  If a student observes the other party in a public place they are otherwise permitted to be, then it is their responsibility to stay away from that place. We understand that following this directive may be challenging in practice.

    Should a student determine that the other party is not abiding by these restrictions in good faith or if a student believes they are unable to comply with the order while continuing to engage in our educational program(s) (e.g. academic, housing, employment, transportation), they may request a modification of the no contact order.

  8. What happens if a student violates this order?

    One's failure to comply with these directives may subject them to actions under the Code of Student Conduct and/or place their status as a student in jeopardy.

  9. Can a student ask for a review of their no contact order?

    Both the accused/respondent and the reporting individual/claimant shall, upon request and consistent with institution policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of a no contact order, including potential modification, and shall be allowed to submit evidence in support of their request.

  10. Do students need to carry a copy of the No Contact Order on them at all times?

    Students do not need to carry a physical copy of their letter, although we suggest they have access to and be able to produce the No Contact Order as needed. Students are responsible for understanding and complying with the directives of the No Contact Order.

  11. What if the other party has some of my personal belongings?

    Students are encouraged to connect with University Police to explore options.

Policies, Processes, and Procedures

What processes are available to resolve cases of sex-based harassment & discrimination?

  • Following the publication of regulatory guidance for Title IX by the Department of Education, cases related to sexual violence may be processed through one of the below procedures.
  • Please note that a case might not meet the federal criteria for Title IX but could still be considered as a possible violation of the Code of Student Conduct and would then be processed through the Student Conduct process.
  • Just because a case is being investigated by the Office of Student Conduct does not mean that it is automatically a Student Conduct process. The Office of Student Conduct adjudicates multiple types of cases. 

What processes/procedures/policies does the University use?

Please see the policies, procedures, and processes below for key definitions and more information.

Student Code of Conduct

Title IX Grievance Policy 2020 - 2024

Title IX Grievance Policy 2024 - Present

Discrimination Complaint Procedure

Do I get to pick which process is used? 

No, due to the fact that there is set federal criteria regarding what meets the definition of Title IX students do not get to pick which process they wish to use for their case.

How is it decided which process a case uses? 

The details of each report are reviewed by the Title IX Executive Committee to determine which process is most appropriate based on federal criteria. Some of the factors include:

  • Location of incident(s)
  • Act(s) involved in the allegation
  • Who was involved (relationship of parties to the institution)
  • When the incident occurred

Tips Related to Preparing for A Student Conduct Hearing 

Although not required, students are strongly encouraged to prepare for a Student Conduct hearing with the assistance of an advisor of their choosing. It can be helpful to someone to talk out ideas with. These tips are suggestions and not requirements. The CARE Team can NOT provide legal advice of any kind. 

If the student has questions about the hearing process it is best for that student to speak with the Office of Student Conduct. The OSC can go over the expectations of the hearing in detail and answer questions, which is often done in the pre-hearing meeting with a student. 

During the hearing students have three main opportunities to speak. They include the opening statements, questions, and closing statements. Outside of these opportunities students should not interject comments. If a student has a question related to the process they can request the chance to speak with the hearing board advisor. Based on the process, the format of these elements of the hearing might look different. 

Prior to the hearing the hearing board will receive the full packet of information provided by the complainant, respondent, witnesses (if applicable) and investigator. Many students prepare statements, notes, and/or questions before the hearing and read them during the hearing. 

Opening Statement: 

The opening statement is the opportunity for a complainant and a respondent to each address the hearing board. 

Some of the ways that students use their opening statements include: 

  • Reminding the hearing board of the key facts of the case
  • Sharing information regarding why the charges are not fitting
  • Share additional information not already in the packet 

Questions you may want to answer in the opening statement

  • What are the important aspects of my experience that I want to explain in my own words?
  • Why are these charges not appropriate?
  • Why is it more likely than not that a violation of the code did not happen? 

Questions:

This is the closest the parties get to directly communicating with each other, however parties are not able to directly question each other. In addition to the other parties involved, the students have the chance to ask witnesses (if applicable) and the investigators questions.

Questions can be helpful when addressing inconsistencies in statements, offer more information about someone's understanding of an event, and clarify comments made. 

Closing Statement: 

The closing statement is the last chance for the parties to speak to the hearing board before a decision is made about responsibility. 

Some of the ways that students use their closing statements include: 

  • Reminding the hearing board of the key facts of the case
  • If there were comments made in the hearing by the complainant you can address them during the closing statement 

Questions you may want to answer in the closing statement:

  • When the hearing board goes into their decision making session, what do I want them to remember?
  • Was there anything I wish I addressed in my opening statement?
  • Is there any additional information I think should be included?
  • How did my behavior not violate the Code of Student Conduct? 

Important Don’ts: 

  • Do not use personal attacks.
  • The respondent’s past conduct record can not be discussed unless the respondent is found responsible and the hearing transitions into sanctioning.
  • Additional accusation(s) related to sexual violence not connected to the case being heard can not be shared.
  • Parties can’t be asked about past sexual experiences not related to the case being heard.
  • Advisors can not deliver opening or closing statements on a student’s behalf.
  • Rephrasing the same question and asking it over and over again.
  • Avoid telling the hearing board what to do (i.e. “you must find me not responsible”).