SGBM FAQs

A: Yes, an individual can come forward to seek supportive measures without filing a formal complaint. However, if information reported requires the College to investigate the matter for the safety and protection of our community in accordance with federal and state laws, then the College will do so. Once again, no one will be forced to participate in the process.

A: No. Employees and students who have an anonymous reporting obligation, such as Victim Advocates and Peer Health Educators (PHEs), will continue their work as anonymous resources. Anonymous resources are required to relay only non-identifying information to the Title IX coordinator (e.g., date, time, location) when they receive a report of SGBM.

A: If the incident reported represents an emergency or an immediate risk to health/safety, Campus Safety or local police will take immediate steps to protect the community and any relevant party.

If the incident reported does not constitute an immediate threat or after any such steps to address the emergency are taken, the Title IX coordinator or designee will reach out to the complainant to schedule a time to review their options, rights, and resources.

A: When meeting with the Title IX coordinator to review your options, rights, and resources, you will be informed that you do have the right to request for the College not to investigate.

If you make such a request, the College will determine whether it can grant such a request or if the College is required to investigate based on the information provided in accordance with College policy and federal and state laws. For more information, please reference either the Title IX Policy or Enough is Enough Policy.

A: Students can contact the Counseling Center at 518-580-5555 or a Victim Advocate at 518-580-5684 to speak with someone confidentially. Employees can contact EAP at 518-793-9768. For someone off-campus, you can contact Wellspring at 518-584-8188. For more information, please see the Key Resources page.

A: Yes, third parties can report an incident that happened to other Skidmore student, faculty, staff, or community members. However, only the complainant or the Title IX coordinator can initiate a formal complaint.

A: No party will ever be required to participate in the process.

A: Students can by using the Anonymous Reporting Form. This option is not yet formally available to employees.

A: Under the new regulations, the reported incident would have to be “dismissed” under a Title IX policy. However, this just means that the report would then be referred and considered under an existing non-Title IX policy, such as Enough is Enough Policy, the Student Code of Conduct, or the Anti-Harassment Policies for Faculty and Staff.

A: No. Parties can still select an advisor of their own choosing with the understating that for the hearing, each party has the right to have their advisor conduct cross-examination of any other party or witness.

A: No. If you file a formal complaint, the allegations reported will determine whether the Title IX process has jurisdiction and must be utilized.

A: Parties are able to work with an advisor of their choice (AoC) throughout the reporting, investigation, and adjudication process. Each party is required to have an AoC to conduct cross-examination on the party’s behalf during the live hearing. While Skidmore cannot control who a party selects as their AoC, Skidmore will provide an AoC to parties that do not have one. AoCs provided by the College will have received training and demonstrated competence in trauma-informed practices, effective and appropriate questioning, and institutional policies and processes.

A: The new regulations require that questions and evidence regarding a complainant’s sexual predisposition and sexual behavior are automatically deemed irrelevant, and thus cannot be used during the investigation and adjudication process. However, the regulations specify two exceptions to this provision that may be considered relevant:

Questions and evidence about the complainant’s prior sexual behavior that are offered to prove that someone other than the respondent committed the conduct;

Questions and evidence that concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

A: No one will be forced to participate in any part of the reporting, investigation, or adjudication process. Parties or witnesses who decline to participate in the live hearing will still be permitted to have their previous statements and submitted evidence be considered by the adjudication panel for reaching a determination of responsibility.

A: Sanctioning under the new Title IX policy and the non-Title IX SGBM (Enough is Enough) policy will function similarly. Both processes will include a range of possible sanctions and will be followed by an opportunity for the parties to appeal the outcome.

A: Yes, the regulations apply to Title IX cases involving faculty and staff.

A: No. No one will be forced to participate in this process.

A: Yes. These regulations have the force and effect of law, which means that the federal government can and will take action against institutions that are non-compliant. Institutions must implement the required changes by August 14, 2020.

A: The relationship between Skidmore and SSPD will not be altered by the new regulations. When a Title IX or non-Title IX SGBM case coincides with a law enforcement investigation, officials from both entities will communicate to ensure that the separate processes work within their legal boundaries and respect the complainant’s decision on how to move forward.

A: The U.S. Department of Education (ED) is requiring all institutions of higher education to implement a live hearing process with cross-examination. This provision is grounded in the ED’s heavy emphasis on due process as well as its interpretation of fundamental fairness.