Some Prohibited Conduct may constitute a violation of both the law and the College’s policies. The Institute encourages students to report alleged crimes promptly to local law enforcement agencies. All persons have the right to file with law enforcement, as well as the right to decline to file with law enforcement. Pratt Munson’s Campus Safety Department is available 24/7 to assist in notifying law enforcement of an incident and in contacting law enforcement or legal service organizations to learn about these remedies. The decision not to pursue a criminal charge shall not be considered as evidence that there was not a violation of this Policy.
The Utica Police Department, which can be reached at 315-735-3301, can assist in filing a criminal complaint and in securing appropriate examination, including by a Sexual Assault Nurse Examiner. The New York State Sexual Assault Hotline, which can be reached at 1-844-845-7269, may also be of assistance in reporting an incident to law enforcement. In addition, an individual making a report to local law enforcement may also be able to obtain services through the New York State Office of Victim Services.
Criminal investigations may be useful in the gathering of relevant evidence, particularly forensic evidence. The standards for finding a violation of criminal law are different from the standards for finding a violation of this Policy. Conduct may constitute Prohibited Conduct under this policy even if it is not deemed to constitute a crime or there is not a finding of a criminal violation. The criminal process and the Institute’s disciplinary process under this Policy are not mutually exclusive or dependent on each other.
Resolution proceedings under this policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. However, when a complaint is made to the Institute as well as to law enforcement, the Institute may temporarily delay its resolution process if a law enforcement agency requests that Pratt Munson temporarily delay its resolution process while law enforcement gathers evidence. Temporary delays should not last more than 10 business days except when law enforcement specifically requests and justifies a longer delay. Criminal or legal proceedings are separate from the processes in this policy and do not determine whether this policy has been violated.
In the case of an emergency, where the physical well-being of a member of the Institute community or the safety of the Institute as an institution is threatened, any individual with such knowledge should promptly inform the Campus Safety Department. The Institute may take any immediate steps as may be necessary and appropriate under the circumstances to ensure the well-being of the Institute community and Pratt Munson as an institution.
Orders of Protection
Orders of protection may be available to individuals who have experienced or are threatened with violence, through the court system. In appropriate circumstances, an order of protection may be available that restricts the offender’s right to enter the Institute’s property. Munson and the College will abide by a lawfully issued order of protection. Pratt Munson officials will, upon request, provide reasonable assistance to students and employees in obtaining an order of protection or, if outside of New York State, an equivalent protective or restraining order. If an order of protection is granted, the Complainant and the Respondent have the right to receive a copy of the order of protection when the order is received by the Institute. Both parties will also have the opportunity to have an appropriate Institute employee explain the order, the consequences for violating the order, and answer any questions about the order. Additionally, if the respondent violates the order of protection, the Complainant may receive assistance from the Institute in calling local law enforcement to inform them of the violation and/or effect an arrest for violating such an order of protection.
Sex Offenses under New York law are described in Sections 130.00 to 130.96 of the New York State Penal Code, available at http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS.
