How Binghamton University will weigh the request and respond:
If you disclose an incident to a Binghamton University employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to the institution's request to initiate an investigation, the Title IX coordinator must weigh your request against the University's obligation to provide a safe, non-discriminatory environment for all members of the community, including you.
We will assist you with academic, housing, transportation, employment and other reasonable and available accommodations regardless of your reporting choices. While reporting individuals may request accommodations through several college offices, the following office can serve as a primary point of contact to assist with these measures:
Dean of Students - A resource offering students assistance with a wide variety of issues affecting their academic and personal life.
We also may take proactive steps, such as training or awareness efforts, to combat dating violence, domestic violence, stalking, sexual assault, sexual violence, and/or other forms of sex discrimination in a general way that does not identify you or the situation you disclosed.
We may seek consent from you prior to conducting an investigation. You may decline to consent to an investigation, and that determination will be honored unless the University's failure to act does not adequately mitigate the risk of harm to you or other members of the University community. Honoring your request may limit our ability to meaningfully investigate and pursue conduct action against an accused individual. If we determine that an investigation is required, we will notify you and take immediate action as necessary to protect and assist you.
When you disclose an incident to someone who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality, the University will consider many factors to determine whether to proceed despite that request. These factors include, but are not limited to:
- whether the accused has a history of violent behavior or is a repeat offender;
- whether the incident represents escalation, such as a situation that previously involved sustained stalking;
- the increased risk that the accused will commit additional acts of violence;
- whether the accused used a weapon or force;
- whether the reporting individual is a minor; and
- whether we possess other means to obtain evidence such as security footage, and whether the report reveals a pattern of perpetration at a given location or by a particular group.
If the University determines that it must move forward with an investigation, the reporting individual or victim/survivor will be notified and the University will take immediate action as necessary to protect and assist them.
Clery Act Considerations:
Reports of certain crimes occurring in specific geographic locations shall be included in the institution's annual security report pursuant to the Clery Act, 20 U.S.C. 1092(f), in an anonymized manner that identifies neither the specifics of the crime nor the identity of the reporting individual. The institution is obligated to issue timely warnings of crimes enumerated in the Clery Act occurring within relevant geography that represent a serious or continuing threat to students and employees, except in those circumstances where issuing such a warning may compromise current law enforcement efforts or when the warning itself could potentially identify the reporting individual. A reporting individual shall not be identified in a timely warning. The Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, allows institutions to share information with parents when: i. there is a health or safety emergency, or ii. when the student is a dependent on either parent's prior year federal income tax return; and that generally, the institution shall not share information about a report of domestic violence, dating violence, stalking, or sexual assault with parents without the permission of the reporting individual.
Andrew R. Baker
Title IX Coordinator
Risk Management and Administrative Compliance
P.O. Box 6000
Binghamton, NY 13902
Couper Administration Building room 217