Public Safety and Transportation

 
 

Sexual Assault, Domestic Violence, Dating Violence and Stalking Policy

We’re committed to providing a safe learning environment. 

Adelphi University is committed to providing a safe learning environment. In compliance with federal law, specifically the Jeanne Clery Act (Clery Act) and the Campus Sexual Violence Elimination Act (SaVE Act), Adelphi University has adopted policies and procedures to prevent and respond to incidents of sexual assault, domestic violence, dating violence, and stalking. These guidelines apply to all members of the Adelphi community (students, faculty, and staff as well as contractors and visitors).

Acts of sexual assault, domestic violence, dating violence and stalking will not be tolerated at Adelphi University and offenders will be subject to disciplinary actions and, if need be, the University will assist in criminal prosecution. Adelphi’s administrators are dedicated to providing consistent, caring, and timely response when sexual assaults, domestic violence, dating violence, and stalking incidents occur within the University community. The University is committed to meeting the needs of the sexual assault, domestic violence, dating violence, and stalking victims by honoring the wish of the victim to preserve anonymity after the traumatic experience while fulfilling its responsibility to maintain the integrity and safety of the campus as a whole; and to provide fair and appropriate adjudication of campus sexual assault, domestic violence, dating violence, and stalking cases.


Definitions:

Sex Offenses: Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent.

  • Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
  • Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
  • Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Domestic Violence: A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Dating Violence: 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 reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition:

(A) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

(B) Dating violence does not include acts covered under the definition of domestic violence.

For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; suffer substantial emotional distress. For the purposes of this definition:

(A) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

(B) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

(C) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.


Disciplinary Proceedings

Under the Adelphi University Code of Conduct, a member of the University community who alleges that a student, or group of students, has committed non-academic misconduct (including alleged dating violence, domestic violence, stalking and sexual assault) on the campus has the right to file a formal notice of complaint. Such complaints must be filed with the Coordinator of Student Conduct and Community Standards located in the University Center room 308 or at telephone number 516.877.3940.

Both a student complainant and a student respondent are entitled to the advice and counsel of Faculty Advocates, who are assigned by the University, from the date a complaint is filed until the case is concluded. In addition, the complainant and respondent can use an advisor of choice when going through the formal process.

The disciplinary proceeding must meet the following requirements, per the Violence Against Women Reauthorization Act:

  • Include a prompt, fair, and impartial process from the initial investigation to the final result
  • Conducted by officials who, at a minimum, receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability
  • Provide the accuser and the accused with the same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice
  • Will not limit the choice of advisor or presence for either the accuser or the accused in any meeting or institutional disciplinary proceeding; however, the institution may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties
  • Require simultaneous notification, in writing, to both the accuser and the accused, of:
    • The result of any institutional disciplinary proceeding that arises from an allegation of dating violence, domestic violence, sexual assault, or stalking
    • The institution’s procedures for the accused and the victim to appeal the result of the institutional disciplinary proceeding, if such procedures are available
    • Any change to the result
    • When such results become final

Cases involving allegations of discrimination and harassment that include complaints of sexual misconduct, domestic violence, dating violence, and stalking are investigated and resolved by the University. The University does everything possible to typically resolve a case within 60 days. In complex cases it may take longer. When the complainant is an employee, the case will be investigated and resolved by the Director of Employment, Employee and Labor Relations or the designee of the Assistant Vice President for Human Resources and Labor Relations. When the complainant is a student, the Dean of Students will investigate and resolve the incident. When warranted, cases are sent to the University Hearing Board. Preponderance of evidence is the standard used to adjudicate cases. Sexual assault, domestic violence, dating violence, and stalking is viewed by University officials as very serious offenses and can result in a range of sanctions, up to and including expulsion from the University.

Both the complainant and the respondent shall be informed of the outcome of any campus disciplinary hearing pertaining to their case. All proceedings against the alleged offender are independent of civil or criminal actions.

 

For further information, please contact:

Public Safety and Transportation
Levermore Hall, Suite 113
p – 516.877.3500 or dial "5" from any on-campus phone

Regular Office Hours
Monday–Thursday: 8:30 a.m.–6:00 p.m.
Friday:  8:30 a.m.–4:30 p.m.

After hours calls will be received by the  24-hour Public Safety Command Center in Levermore Hall, Suite 113.

Contact Public Safety
In case of emergency dial 5 or x3507 on any campus phone for immediate help.
See other ways to contact us
Safety Tips
Get tips on safety topics such as theft, cults, dating, cars, severe weather, travel and more.
Get the keys to prevention
Emergency Operations Plan
Know about the University's plans in the event of an emergency.
Click here to find out more
 
 
Apply Now
Request Information