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Skidmore Sexual Assault Policy
Introduction
Skidmore College believes that acts of sexual assault are reprehensible and
that our community members have the right to be free from abuse, force, violence,
and threats of violence. The College defines "sexual assault" as any
non-consensual physical contact of a sexual nature that is committed either
by force or intimidation or through the use of the victim's mental or physical
helplessness. Examples of sexual assault include but are not limited to the
following:
intentional touching, either of the victim or when the victim is forced to
touch, directly or through clothing, another person's genitals, breast, thighs,
or buttocks; rape (sexual intercourse without consent whether by an
acquaintance or a stranger); attempted rape; oral sex or anal intercourse,
without consent; and instances in which the person subjected to sexual
behavior is incapable of giving consent because of permanent or temporary
mental or physical incapacity
The use of alcohol and other drugs reduces inhibitions and impedes an individual's
ability to make sound decisions. Sexual assault often involves alcohol
or other drugs taken willingly or unwillingly.
The College's definition of sexual assault is the basis for College judicial
action. The College is required by federal law to report statistics on certain
crimes that occur on campus, and student anonymity is maintained in these
reports. We strongly encourage victims to report incidents of sexual assault to
the Skidmore Department of Campus Safety:
If you are a Skidmore student and believe you have been sexually assaulted,
we strongly encourage you to contact Campus Safety as soon after the
assault as possible and to report the incident. Immediate reporting is essential
for your protection and for the apprehension and prosecution of your
assailant. If you don't report, someone else may be attacked; your report may
also make police protection for you possible. You are not obligated to bring
formal charges if you report, but reporting may help you to gain some control
over the situation. Following contact with Campus Safety, security officers
will offer information to the student as described in the section "Reporting
to the College," or students may opt to talk to the individuals listed in the
following section.
Statement of Confidentiality
Skidmore College is committed to creating an environment that encourages
victims of sexual assault to come forward and report their victimization. To
that end, the College makes every effort to safeguard the identity of students
who seek help and/or want to report a sexual assault.
Even with this ideal at the heart of the reporting procedure, however, the
College cannot guarantee complete confidentiality in every instance. As is
the case with all colleges and universities, Skidmore must balance the needs
of the individual victim with its obligation to protect the safety and wellbeing
of the community at-large. In addition, the College must adhere to
legal mandates such as Title IX, medical reporting laws, negligence laws, and
the Campus Security Act. The College must make an annual report of occurrences
on campus of nine major violent crimes, including sexual assault
(Cleary Act). This report, however, does not include information that would
identify individuals connected with these crimes. Depending upon the seriousness
of the alleged incident, a college security alert may be posted
throughout the campus, though again, victims and/or assailants are not identified
on security alerts.
All of the resources listed in this brochure, once they are made aware of an
incident, are obligated to submit a report of a sexual assault incident to the
director of campus safety. This report does not need to include the name of
the victim or his/her alleged assailant. At any time after the report of incident
is submitted, the victim may add his/her name or identify the alleged
assailant. Students need to realize that it is nearly impossible to act upon a
sexual assault case without identification of individuals or evidence. We
encourage students to seek medical attention after a sexual assault incident as
soon as possible to protect their ability to make a report or file a formal charge
at a future date.
Students also need to understand the bounds of confidentiality of the person
they contact for help or to report. Different people, depending upon their
position, have different constraints with regard to confidentiality. For example,
if a victim wants to make as nearly an absolute confidential report as possible,
the only people s/he can tell within the College are the college chaplains.
Generally, a report to college counselors (Counseling Center), rape crisis
counselors, medical staff (Health Services or hospital), and other licensed
health care providers also must maintain complete confidentiality (please
note that if students are under the age of 18, medical staff must contact parent
or guardian before treatment). If there is a clear and present danger to the
victim or another identified person, however, these professionals are legally
mandated to intervene in appropriate ways. This intervention may, in rare
cases, involve breaching confidentiality. All other college employees, including,
but not limited to, faculty, college deans, and administrators, as well as
residence staff members and peer advocates, are not legally bound by confidentiality.
While these individuals may embrace the spirit of the College's
reporting procedure by not divulging the name of the victim or assailant,
other information about the sexual assault must be shared with the director of
campus safety.
Victims of sexual assault often turn to a close friend for support. The College
does not want to discourage this practice because it is always better to seek
help from a friend than not to tell anyone. Students need to realize, however,
that the College cannot protect the confidentiality of information shared
among friends. Based on the varying levels of confidentiality, the College
encourages students to think carefully about to whom they divulge information
regarding a case of sexual assault.
Degrees of Confidentiality
Skidmore College is committed to creating an environment that encourages
victims of sexual assault to come forward and report their victimization. To
that end, the College makes every effort to safeguard the identity of students
who seek help and/or want to report a sexual assault.
Absolute
Confidentiality
Lowest Level of
Confidentiality
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- Hospital
- Domestic Violence/Saratoga Rape Crisis Center of
Saratoga
- College Chaplains
- College Counselors
- All licensed medical staff at Health
Services
Please note that if there is a clear and present danger to
the victim or another identified person, professionals are
legally mandated to intervene in appropriate ways. This
intervention may, in rare cases, involve breaching confidentiality.
A report to the Rape Crisis Center remains
confidential (the College is never notified by Rape
Crisis of a student who is sexual assault victim or an
assailant).
- All college employees, including:
- Faculty
- College Deans
- Administration
- Residence Hall Staff
- Peer Advocates
- Campus Safety
While these individuals may embrace the spirit of the
College's reporting procedure by not divulging the name
of the victim, other information about the sexual assault
must be shared with the Director of Campus Safety. The
report does not require the name of the victim or his/her
alleged assailant.
- Close friends
Students need to realize that the College cannot protect
the confidentiality of information shared among friends.
Based on the varying levels of confidentiality, the
College encourages students to think carefully about to
whom they divulge information regarding a case of sexual
assault.
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