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STUDENT HEALTH AND SAFETY HANDBOOK

Introduction

The Campus Security Act of 1991 and the Drug Free Schools and Communities Act Amendment of 1989 require colleges to implement and enforce policies as outlined by the law, including safety and drug prevention programs and policies.

It also stipulates that students and potential students have a right to information about Public Safety and campus policies, procedures, and services regarding health and safety.

This publication has been developed to fulfill this obligation.

TABLE OF CONTENTS
Public Safety and Security
Student Regulations and Use of Alcohol and Other Drugs
Other Drugs
Counseling, Information, Rehabilitation
Sexual Harassment and Other Forms of Discrimination
College’s Policy on Sexual Assault and Interpersonal Violence
College Code of Conduct
Important Telephone Numbers
Public Safety
Public Safety Office

All visitors and members of the College community are encouraged to report public safety problems or criminal activity immediately. The campus office is located in the Student Services Building (SS-102). The telephone number is 778-5083. An office assistant staffs the Public Safety Office during normal business hours for the College. Security services provide the following support activity:

  • Vehicle registration for parking permits to students, faculty, and staff.
  • Lost and found property system to the College.
  • Motorist assistance with vehicle trouble, including loaning battery cables.
  • Parking enforcement program.
  • Emergency notifications.
  • Crime prevention and personal safety guidance.

The College security program is operated through the Office of Public Safety. The Director can be reached at 778-5739.

The officer on duty can be reached by dialing 778-5083 from off campus, or by dialing, ext.5083 from a campus phone. Both of these call numbers will activate the Safety Office voicemail system if the office is closed. Leave a message and the officer will be paged and return your call as soon as possible.

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To Report An Emergency

To report an emergency on campus, call 9-911 from a campus phone or dial 911 (free) from a pay phone. These calls should be made after evacuating an unsafe facility or area. Upon reaching a safe distance from the area of danger, call for emergency help immediately.

If near one of the outside emergency boxes, i.e., Southeast corner of the Library, Southeast corner of the Student Center, Northeast corner of the Student Services Building, and Southeast corner of the Decker Center, just push the call button and speak. If closer, use office phone by dialing 9-911 (pay phone –dial 911-free call) per above guidance and emergency help will be dispatched immediately. Outside pay phones are available at the main entrances of Student Center and Titchner Hall.

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Access to Campus Facilities

Throughout the year, the campus and its facilities are available to students daily Monday through Friday, 7 a. m. - 10 p. m. The specific days and hours that classroom and support facilities are scheduled open to students for registration, counseling, classes, and special events, i. e., musical, theatrical, athletic or other activity, are advertised in various college publications.

If the above general schedule of access to the campus is adjusted temporarily during the year for holidays, power outages, inclement weather, etc., the new temporary schedule will be made known through radio/TV announcements, switchboard operator/voice mail information, the college website or portal, campus E-MAIL or bulletin board distribution, and notices posted at entrances to facilities.

During hours of scheduled classes, (Monday - Friday, 7 a. m. - 10 p. m.), Deans, Chairpersons and classroom/laboratory instructors, student activity advisors and administrative supervisors, with the support of Public Safety, are responsible to ensure the safety and well-being of students attending class, performing work study, or taking part in other College activities.

Students are not allowed access to a closed campus or to closed buildings. Emergency elevator keys can be obtained at either the Public Safety Office, Student Services Building, Room 102 or the Maintenance Office, located in the Campus Services Building, Room 103.

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Crime Prevention

In order to maintain successful crime prevention, Public Safety needs the support, cooperation and individual involvement of all members of the campus community. The following common sense precautions will help ensure your personal safety and security for your property:

  • Walk with someone whenever possible.
  • At night, walk in well-lighted areas.
  • Have keys between fingers before leaving buildings and while walking to car.
  • Park your vehicle in your assigned or designated lot and then lock your vehicle.
  • Park your car in a well-lighted area.
  • Valuable items carried from your vehicle should be labeled or marked for easy identification.
  • Do not leave purses, wallets, jewelry or books out of your sight, or in your vehicle in plain view.
  • Contact a Public Safety Officer for an escort to or from various locations on campus.
  • Lock all desks, lockers, file cabinets and offices.
  • Make sure your keys are in your possession at all times and are not loaned to anyone.
  • Immediately report any criminal or suspicious activity to the Public Safety Office at ext. 5083. If you report and incident or condition without delay, you provide the Security Officer the opportunity to resolve the matter quickly and efficiently, which can protect you and other students from further harm.

Any additional information regarding Public Safety - call the Public Safety Office at ext.5083.

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Public Safety Crime Statistics Per "1998 Clery Amendment"

In compliance with the Public Safety and Security Act of 1998 (Clery Amendment) and New York Sate Education law Article 129-A, Broome Community College maintains crime statistics related to crimes reported to Public Safety and local law enforcement agencies. These statistics can be obtained by visiting the U.S. Department of Education Office of Postsecondary Education website. This site offers the statistics for colleges across the nation. You may search the web site for Broome Community College by name or by using our OPE ID. The OPE ID is an identification number used by the U.S. Department of Education's Office of Postsecondary Education (OPE) to identify schools. BCC's ID is 00286200

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Campus Parking Regulations

All students, including those attending evening and weekend classes, must register their vehicle with Security located in the Student Services Building, Room 102. A parking hang tag must be hung from the affixed mirror located on the inside of the vehicle's front windshield. Visitors and registering students who drive on campus need to stop at the Security Office for a parking pass. Security personnel will direct these individuals to the appropriate lot as close as possible to one's business destination on campus.

Students with a physical disability or severe temporary medical problem, and in need of handicapped parking, should advise Security when applying for a parking decal. Physician's documentation is required for handicapped parking status. Handicapped visitors, and students with a documented handicap medical problem, may park in any space designated as "reserved for persons who are handicapped." Handicapped visitor's vehicle must display a bona fide government handicap symbol and a BCC temporary handicap parking permit.

For those individuals riding a motorcycle, please note that current parking for such vehicles is located on the ramp at the northwest corner of the Student Services Building, and Parking Lot 2. Motorcycles must be registered with campus security and display BCC Parking decal.

NO PARKING IS PERMITTED in the following areas on campus:

  • In fire lanes of parking lots (any area outside marked parking spaces)
  • On roadways, sidewalks, grass or any other area other than marked spaces
  • Areas that are roped off or barricaded by Public Safety/Maintenance, to include traffic cones
  • In areas where "no parking" signs are posted
  • In areas marked with Reserved/Restricted signs.
  • In areas where parking would block roadways, loading docks, wheelchair ramps, or exit/entrances.

All student cars must be removed from campus by midnight. Contact Public Safety in the Student Services Building, Room 102, if unable to remove car by this time. The speed limit on all campus roadways is 20 MPH and in all parking lots 5 MPH. Both are strictly enforced. Any violation of the campus traffic/parking rules will result in ticketing and related fines at the vehicle owner's/operator's expense. If you have any questions regarding BCC traffic and parking rules, including the ticket appeals process, please stop by the Public Safety Office located in the Student Services Building, Room 102, or telephone (607) 778-5083. Note: You must make your appeal known in writing within 7 days of ticket date. You must inquire in person with Security to learn of the outcome of your appeal.

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Emergency Evacuation of Facilities

In the event of natural disaster, e.g., earthquake, tornado, flood, an emergency caused by fire, a gas leak, explosion, chemical or biological release, bomb threat, a person with a weapon on campus, or isolated events in relation to terrorist activity requiring immediate evacuation of a building, an area, or the entire campus, follow these procedures:

1. Exit from the building immediately upon hearing the fire alarm or seeing the flashing alarm lights. Evacuate facility, the immediate area, or the campus at the direction of uniformed Security or emergency personnel or appropriate campus staff whether or not building alarms have been activated. Do not use the elevator in an emergency.

2. In the event of a fire or other facility emergency, including terrorist act, whether or not an alarm has sounded, evacuate the building immediately using the nearest exit as indicated in the evacuation route guide posted in each classroom or other areas of public assembly. If that exit is blocked by smoke or fire, to the next closest exit that is clear. All building exits are clearly identified with exit signage. Follow immediately all instructions from uniformed officers or emergency personnel or appropriate campus staff.

3. Evacuate and move away from the building at least 200 feet for personal safety and to allow emergency personnel quick and unhindered access to the facility with their equipment. A “headcount” should be taken once the evacuees are outside the building. The supervisor or instructor should immediately report the number of individuals “not accounted for” to Public Safety or emergency personnel.

4. Do not attempt to re-enter the building until the emergency has been cleared and the "all clear" has been given by Security/emergency personnel.

5. The instructor will point out facility exit signs and instruct students in the above emergency evacuation procedures during the first class period of the semester. Evacuation route guides are posted on the wall near the door of each classroom, laboratory, and all other places of public assembly.

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Evacuation of Handicapped Individuals

1. Faculty, staff, and student are on-scene, not handicapped, and not incapacitated by the emergency, shall immediately assist handicapped individuals to evacuate the building, i.e., direct or assist them to the nearest clear exit. Handicapped individuals in upper floors should be directed or assisted to the nearest clear stairwell (do not use elevator). Those assisting the handicapped evacuee may wait with the disabled person at the exit or head of stairwell for emergency personnel, or assist the handicapped person through the exit or down the stairwell if in imminent danger. Public Safety and emergency personnel coming on the scene will first search exits, and tops of stairwells, to evacuate any remaining individuals.

2. When an instructor has a handicapped student in his/her class who will require assistance during an emergency, the instructor will brief the handicapped student, i.e., exit door areas at grade or with ramp. and tops of stairwells on upper floors. This shall be done during the first class period of the semester.

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Evacuation Drills

The College is required to conduct day and evening evacuation drills during each semester, i.e., Fall, Spring and Summer (a total of 9 drills each year). These drills are conducted in all occupied campus buildings. Response to a fire/evacuation drill shall be exactly the same as response to an emergency. All above evacuation guidance will be followed. Evacuees will move 200 feet away from the building; the instructor will take a headcount; and no one is to return to the building until Public Safety has given the "all clear" signal.

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Student Regulations on Use of Alcohol and Other Drugs
Broome Community College recognizes the importance of a safe and healthy campus environment for all of its students. Being under the influence of alcohol or any other drug poses serious health and safety risks to the individual and others within the campus community. Consequently, Broome Community College has implemented regulations that follow based on Federal, State and local laws including:

New York State Alcohol Beverage Control Law

Note: the following information contains only certain subsections of the laws. 

New York State Alcohol & Beverage Control Laws restrict the use of alcoholic beverages(beer, wine, and liquor). A partial listing of the laws include:

  • New York State's "Zero Tolerance Law" provides that anyone under 21 years of age found to have a blood alcohol level in excess of .02 percent, but not more than .07 percent when driving a motor vehicle and stopped by the police will immediately lose their license for six months. This means one drink can put you over the limit.
  • Prohibited Sales (Section 65)-Legal minimum purchase age - no person shall sell, deliver, or give away, or cause, or permit, or procure to be sold, delivered, or given away any alcoholic beverage to:

1. any person, actually or apparently, under the age of 21;

2. any visibly intoxicated person; or

3. any habitual drunkard known to such to the person authorized to dispense any alcoholic beverages.

This is a Class B Misdemeanor. A conviction may result in a fine of up to $500 and/or three months in jail.

  • False ID - If a person presents written evidence of age that is false or fraudulent for the purpose of purchasing or attempting to purchase any alcoholic beverage, a fine of up to $1,000 and/or a penalty of up to six months in jail may be imposed, and/or be required to do community service for up to 30 hours. Further, if a New York State driver's license is used to fraudulently purchase alcohol, the license may be suspended for 90 days.

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Campus Policy on the Use of Alcohol:

Alcoholic beverages are not to be present at any on-campus student event nor in the possession of a student on campus at any time. No portion of Student Activities fees or earned money of College sanctioned student organizations may be used for the purchase of alcoholic beverages. Any infractions of this policy will be handled by the VPS&CA and Security.

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Health Risks related to the misuse of alcohol include:

· Alcohol - cirrhosis of the liver, toxic psychosis, neurologic damage, physical and emotional dependence. Alcohol use is also a factor in 40-60 percent of all personal injury auto accidents.

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Facts related to the abuse of alcohol:

  • Fetal Alcohol Syndrome (FAS). Women who are pregnant should not consume alcohol. If one does, there is an increased chance of physical and psychological harm to the fetus, including spontaneous abortion, mental retardation, seizures, facial abnormalities, and other developmental malformations.
  • Binge drinking is defined as five or more drinks in a row one or more times during a two-week period for men, and four or more drinks in a row one or more times during the same period for women-a gender specific modification to a national standard measure. Harvard School of Public Health documents that it takes four drinks for women to run the same risk of various alcohol-related health and behavior problems as men who have had five drinks. The problems include getting into arguments, getting injured, forgetting where they were or what they did, and engaging in unplanned or unprotected sex.
  • "Blackouts" may occur when a person drinks alcohol heavily. A blackout is not the same as "passing out". Blackout is a term used to describe an interval of temporary memory loss during which the person remains conscious and active, may even appear sober, but later has no recollection even if reminded of where they were, or what they might have done.
  • Alcohol is the drug most used by college students.
  • Early drinkers tend to be heavy drinkers for life. In contrast, those who begin drinking after age 21 have low rates of heavy drinking.
  • Alcohol is a "norm-setting drug." This is due to the relative societal approval and acceptance of drug use in the form of alcohol consumption as compared to illicit drug use. Alcohol is treated as a "rite of passage".
  • Several studies indicate that students have definite perceptions about alcohol related behaviors and attitudes of other students, which in-turn influences their own pattern of use. The problem is, that these perceptions are often incorrect and lead students to be wrongly influenced about alcohol and drug use; most students think that their peers are using more alcohol and other drugs than they really are.
  • Cultural factors are exploited to influence alcohol use patterns, primarily to promote sales.
  • Alcohol plays a significant role in crime on college campuses. According to a recent national survey, alcohol contributes to 70 percent of violent behavior on campus.
  • Seventy-five percent of acquaintance rape involve alcohol or other drugs.
  • Alcohol can have a negative impact or influence on social interactions, including personal relationships and sex. Since alcohol depresses the central nervous system, it lowers inhibitions and clouds judgment. Under the influence of alcohol or other drugs, individuals can make unwise sexual decisions that are unsafe, risking disease and unwanted pregnancy.
  • Four percent, or nearly one-half million of all college students, drink every day.
  • New York State students living in dorms or their own apartments have over twice the rate of heavy drinking of those who live at home (23% versus 11%).

Information source from, "Networking for Healthy Campuses". A New York State Office of Alcoholism and Substance Abuse Service Publication.

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Warning Signs of Alcoholism

Alcoholism is a disease and can be fatal if left untreated according to the American Medical Association. If you answer yes to two or more of the following questions it would be in your best interest to seek professional assistance. You can begin by contacting the Access Center to speak with a certified alcohol counselor. The Access Center is located in the Student Services Building, Room 210. All services are confidential.

Questions related to the use of alcohol: 

1. Do you ever feel remorse after drinking?

2. Do you ever take a drink or two before going to a party where you know drinks will be served?

3. Do you find yourself "sneaking" extra drinks at a party or gulping? drinks while other people are drinking slowly?

4. Do you argue or have "discussions" with your friends or family members about your drinking and the money it costs?

5. Do you ever take a drink to "calm down" or to feel "together"?

6. Have you ever awakened in the morning and been unable to remember events that occurred while you're drinking?

7. Do you ever drink alone to "feel good"?

8. Do you take a drink first thing in the morning?

9. Have you missed time from work because of your drinking or a hangover?

10. Do you look for occasions to drink or excuses to celebrate?

11. Do you drink frequently - go on binges?

12. Do you ever lie about your drinking or hide the amount you drink?

13. Do you ever take a drink when your angry or upset?

14. Have you ever avoided attending functions where you think drinks will not be served?

15. Do you crave a drink at a particular time of day?

16. Do you deny your drinking?

Alcoholism is a progressive disease and will worsen in time without treatment. DO NOT DISMISS the early signs of alcoholism. Alcoholism is a serious condition; one for which help is available.

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College Policy Relating To Other Drugs:

Broome Community College prohibits the use, consumption, sale, purchase, transfer, or unlawful possession of any controlled or elicit substance by a student while on campus premises or at any College sponsored function off campus. Any student who violates Federal, State, or local laws related to the use of illegal drugs is subject to disciplinary action up to and including dismissal from classes and the campus. Disciplinary/dismissal action for students will be handled through the offices of the Vice President for Student and Community Affairs and Security.

Legally prescribed medications are excluded from this prohibition, and are permitted only to the extent that the use of such medications do not adversely affect the student's academic ability or the safety of such student or others. Prescriptions for controlled substances must be in their original pharmacy container and clearly labeled with the name of student, name of drug and dosage, name of the physician and pharmacy, and the date of the prescription and expiration date.

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"Dangerous Drugs" Per New York State Penal Law:

Definition of "dangerous drugs" as defined by New York State Penal Law, Article 220 are all narcotic, depressant, stimulant, and hallucinogenic drugs. Marijuana, peyote, and their variants, as well as LSD, amphetamines, and their

variants, and the so-called "hard drugs", derivatives of opium, are included in this definition. The penalties for the illegal use, possession, or distribution of dangerous drugs are clearly spelled out by Federal and State Laws which include prison terms ranging from one year to life, upon conviction.

The possession of any illegal drug(s) as defined by Federal, State, and/or local laws can result in a felony conviction. The giving or offering to give another person an illegal drug is defined by law to mean "selling" and is also a felony. Conviction of such under Federal Law can result in a prison term of up to thirty years and/or fines up to $250,000.

An individual convicted of Federal or State offenses involving the distribution or possession of a controlled substance can be delegated ineligible for any or all Federal benefits including but not limited to Federal financial aid and student loans.

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Other Drug Health Risks

Health risks related to the misuse of illicit or what is commonly referred to as recreational drugs include:

  • Marijuana Otherwise known as cannabis, hashish, THC, grass, can cause impaired driving ability for at least four to six hours after smoking a single cigarette. Also, it can cause possible lung damage, reduced sperm motility, and an overdose may cause paranoia/psychosis.
  • Cocaine is a stimulant. It produces an accelerated heart rate while at the same time constricting the blood vessels, which are trying to handle the additional flow of blood, These physical changes may be accompanied by seizures, death due to an over-dose (cardiac arrest/respiratory arrest), stroke, chronic insomnia, severe headaches and nausea, chronic fatigue, tremors, nasal bleeding and inflammation, damage to the nasal septum and blood vessels, toxic psychosis, death due to an overdose(heart or respiratory failure), decreased sexual performance, hepatitis, and there is a high risk of psychological dependency. Other names for cocaine are coke, snow, toot, white lady, blow, flake, cocaine powder, crack, and free-base coke.
  • Heroin causes physical and psychological problems such as shallow breathing, nausea, panic, insomnia, and a need for increasingly higher doses of the drug to get the same effect. Dependency on heroin can develop within a few weeks of daily use.

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Psychoactive Drugs

Psychoactive drugs are most frequently used for social or "recreational" purposes. Many produce tolerance and dependence (psychological, physical, or both). The more frequently a person uses a drug and/or the larger the dose, the greater his or her tolerance to the drug. This means that over time large quantities may be needed to produce the desired effect.

Although dependence is associated with tolerance, it is not the same thing. A person who is physically dependent on a drug needs it to function "normally". Discontinued use of the drug results in withdrawal symptoms that can be painful and even life threatening. Taking the drug again relieves these symptoms, but only temporarily.

There are three basic categories of psychoactive drugs: stimulants, psychedelics, and depressants.

  • Stimulants - also called uppers - increase alertness, energy, physical activity, and feelings of well being.
  • Psychedelics - also called hallucinogens - can cause visual, auditory, and other sensory hallucinations.
  • Depressants - also called downers - decrease body processes such as breathing, heartbeat and brain activity.

* Sedating drugs(i.e., Rohypnol, GHB (gamma hydoxbutyate) or Ectasy or "Easy Lay,")-everyone reacts differently to sedating substances depending on their dosage, their metabolism, and sensitivity to the substance, and the presence of alcohol and/or other drugs. Depending on the substance and the presence of alcohol and other drugs in the person's system the drugs side effects can be at times life threatening. Telltale signs that an individual may be under the influence of a sedating substance include impaired judgment, dis-inhibition, dizziness and confusion. If an individual appears to be extremely intoxicated after consuming a non-alcoholic beverage, or only a small of alcohol, they may have unknowingly ingested one of a number of substances. The person may find it difficult to remain awake and conscious; may not remember events while under the influence of the drug. 

Information source for Cocaine and Cannabis from, "Alcohol and Other Drugs: Risky Business" ACHA pamphlet.

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CAMPUS-COMMUNITY ALCOHOL AND DRUG SERVICES

· BCC Student Health Services (Science Building, Room 102, Telephone 778-5181).

· BCC Access Center Student Services Building, Room 210, Telephone 778-5210).

Additional services may be found by contacting:

· New York State Drug Abuse Hot Line 1-800-522-5353 Monday-Friday 8:00am to 12:00 midnight.

· Alcoholics Anonymous (AA)
P. O. Box 2103
Binghamton, NY 13902-2103
Telephone: 722-5983-answering service 24 hours a day.

· AL-ANON and AL-A-Teen
P. O. Box 1384
Binghamton, NY 13902-1384
Telephone: 722-0889-answering service 24 hours a day.
Provides meeting schedules for the various AA meetings through-out the region.

· Addiction Center of Broome County
31 West State Street
Binghamton, NY 13901
Telephone: 723-7308
Monday through Friday
8:00 a.m. to 5:00 p.m. and Saturday, 8:30 a.m. t0 12:30 p.m.
Provides outpatient treatment for alcoholics, alcohol abusers and significant others using individual, group, and family counseling.

· Chenango County Alcohol and Drug Abuse Service
105 Leilani's Way
Norwich, NY 13815
Telephone: 337-1680
Monday - Friday 8:30 a. m. - 5:00 p. m.
Provides information, family/spouse support, outpatient referral and group counseling.

· Fairview Recovery Services/Alcohol Crisis Center/
Sober Supportive Living
5 Merrick Street
Binghamton, New York 13904
Telephone: 722-8987 (7 days a week/24 hours a day)
Office hours: Monday-Friday, 8:00 a. m. to 5:00 p. m.
Provides living facilities for persons with stabilized alcohol and drug problems.

· Fairview Halfway House/Alcohol Crisis Center/Non-Medical Detox
247 Court Street
Binghamton, New York 13901
Telephone: 722-4080 (7 days a week/24 hours a day)
Provides sobering-up services to intoxicated individuals who seek this service. Emergency walk-ins accepted.

· Narcotics Anonymous
Southern Tier Area, PO Box 763
Vestal, NY 13850
Telephone: 774-4907
Provides schedules of various substance abuse meetings throughout the region.

· New Horizons Chemical Dependency Services
General Hospital
10-42 Mitchell Avenue
Binghamton, New York 13903
Telephone: 762-3232 for assessment
Monday - Friday, 8:00 a.m. - 4:30 p.m.
Detox/Rehab Unit 762-2255
7 days a week, 24 hours a day.
Admitted through ER or by physician referral 24 Hour Crisis Hot Line 762-2257

· The Salvation Army
3-5 Griswold Street
Binghamton, New York 13904
Telephone: 723-5381
Adult rehabilitation center for males, 21 years of age and over, who are alcoholics, addicts, emotionally disturbed or homeless.

· Tioga County Department of Mental Hygiene
1277 Taylor Road
Washington Gladden Building
Owego, New York 13827
Telephone: 687-4000
Monday & Friday- 9:00 a.m. to 5:00 p.m.
Tuesday, Wednesday, Thursday - 9:00 a.m. to 9:00 p.m.
Outpatient mental health and drug and alcohol services including evaluation, counseling and referral services. Certified by NYS Divisions of Alcohol/Alcohol Abuse and NYS Division of Substance Abuse.

· Young Women's Christian Association
80 Hawley Street
Binghamton, NY 13901
Telephone: 772-0340 - 7 days a week 24 hours a day.
Provides a supportive living arrangement for women and children in need.

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Sexual Harassment and Other Forms of Discrimination

This material is to inform you of behaviors classified as sexual harassment, to serve as a guideline for discussion of the issues, to suggest ways to avoid sexually harassing others, and to suggest what your options are if you are subjected to sexual harassment. You are protected from sexual harassment regardless of your sexual orientation.

Sexual harassment is a form of sexual discrimination, and it is illegal. It is a complicated, often highly personal, distressing, threatening, or embarrassing occurrence. It can destroy careers, lives and relationships, affecting everyone involved: perpetrator, victim, friends and relatives.

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Relevant Laws

There are two categories of sexual harassment. One is, i.e., quid pro quo sexual harassment, in which you are asked or expected to trade sexual favors for grades. It can occur when one person, such as a teacher, is in a position of power over another.

The other form of sexual harassment, the creation of a sexually hostile environment, can be perpetrated by anyone on campus. It can occur even when one person does not have power over another person.

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Sexual Harassment Can Take Many Forms

The following behaviors may be sexual harassment (In the case of the creation of a sexually hostile environment, a court would ask whether the behavior was pervasive or severe enough to create a sexually hostile environment.)

  • Implied or overt threats of a sexual nature
  • Classmates' or co-workers' sexual comments, suggestions or pressures
  • Misuse of physical or position power to intimidate sexually or create a sexually hostile environment
  • Sexually degrading words or gestures
  • Verbal sexual abuse
  • Obscene phone calls or e-mail
  • Offensive graffiti, pictures, or cartoons of a sexual nature
  • Pressure for sexual activity/favors
  • Leering
  • Insulting remarks or jokes about gender or sexual orientation
  • Unwelcome and inappropriate physical contact of a sexual nature
  • Stalking

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You may be a victim of sexual harassment if:

  • Submission to sexual advances or comments is a condition of your education
  • Acceptance or rejection of sexual advances or comments affects your status as a student
  • Unwelcome sexual advances or comments interfere with your studies

To figure out whether sexual harassment has occurred, a court frequently looks at several factors, including whether there was behavior of a sexual nature, whether it was unwelcome, whether it had a negative impact on the recipient of the behavior, and whether it would have a negative impact on any reasonable person standing in that person's shoes.

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Common questions that arise regarding sexual harassment include the following:

Can I be engaging in sexually harassing behavior even if I have no intention of sexually harassing?

Yes. The law says that behavior can be sexually harassing if it has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. In cases where the alleged harasser did not intend harm, the courts have decided that it is not the intent of the doer that matters, but the impact (i.e., the effect) of the behavior on the person being harassed, or more specifically, on any reasonable person standing in that person's shoes. If any reasonable person, standing in the shoes of the recipient, would find the behavior to be sexual harassment, then it is sexual harassment. Recognizing that men and women often have different life experiences and views as to what constitutes sexual harassment, some courts apply the reasonable woman standard when the harassed person is a woman, and the reasonable man standard when the harassed person is a man. See, eg., Ellison v Brady, 924 F. 2d 872 (9th Cir. 1991).

Can one student be found guilty of sexually harassing another student?

Yes, and students appear to sexually harass one another with alarming frequency. According to a study by the American Association of University Women, among students in grades K through 12,39% of girls are afraid in school because of sexual harassment, while 8% of boys are. Hostile Hallways, AAUW, 1993 cited in Educator's Guide to Controlling Sexual Harassment, Thompson Publishing Group, June 1994.

Can faculty and staff be found guilty of sexually harassing students?

Yes. According to a 1984 study, 30% of undergraduate women experienced one or more levels of sexual harassment from a professor during their undergraduate years. Dzeich and Weiner, 1984, cited in Educator's Guide to Controlling Sexual Harassment, Thompson Publishing Group, June 1994.

Can students be found guilty of sexually harassing faculty and staff?

Yes. Students can create a sexually hostile work environment for faculty and staff. Some of the literature refers to this type of harassment as contra-power sexual harassment, since we often think of harassers as people who are in positions of power. As mentioned above, however, people who are not in positions of power can be found guilty of sexual harassment.

Can I assume that my behavior is welcome, and thus not sexual harassment, if the recipient does not object?

No. While this is particularly true for supervisors, everyone should be cautious about assuming that silence implies consent. In the Meritor case, decided in 1986 by the U.S. Supreme Court, the Court found that a supervisor's sexual advances to a subordinate were unwelcome and were sexual harassment, even though the subordinate's response to those advances was to have sexual intercourse with the supervisor on several occasions. Meritor Savings Bank v. Vinson. 477 U.S. 57 (1986). The court said, in essence, that the critical question was not, "How did the recipient of the advances respond?" but "Were the advances unwelcome?" It found that the advances were unwelcome and noted that the employee felt that decisions affecting her career might be affected by her response to the advances. It found that any reasonable person standing in her shoes would have found the advances to be unwelcome and that they constituted sexual harassment.

What about my right to freedom of speech?

These rules and suggestions make it clear that we do not have an absolute right to say whatever we want whenever we want without regard to the impact of our comments on the recipients of our speech. But we have never had an absolute right to free speech. We have no right to yell "Fire" in a crowded movie theater when there is no fire. We have no right to spread damaging lies about others; we'll be sued for libel or slander if we do. Yes, the rules regarding sexual harassment place consequences on us if we subject others to unwelcome behavior of a sexual nature. Indeed, we may not speak freely about sexual matters and ignore the impact our conversations are having on others. Nor may we hang sexually explicit material in our work space if it is having the impact of being sexually harassing on others. Robinson v. Jacksonville Shipyards, 760 F. Supp. 1486 (1991). The rules say that unwelcome behavior or comments of a sexual nature must stop. Those rules are actually just prodding us to behave professionally and respectfully. Surely, most of us are uninterested in having one-sided conversations, or in making co-workers or students feel uncomfortable, just as we are uninterested in forcing sex on an unwilling partner. Yes, the rules affect what we can and cannot say or do when our behaviors are unwelcome, but no more so than any of the other limitations on speech outlined above.

How can I avoid sexually harassing other students?

Here are a variety of suggestions from a variety of perspectives:

  • Ask yourself if you would want your parent, spouse, sibling, or child subjected to the kind of behavior you are considering. Or, ask how you would feel if any of those people were to see you behave the way you are considering behaving.
  • Ask how you would feel about having your behavior published in the newspaper.
  • Add sex to the list of things one doesn't discuss in certain settings, along with politics, religion, and sports.
  • Always keep in mind the potential costs--financial, reputation, and career costs--that a lawsuit for sexual harassment could entail.
  • Ask other students to let you know what types of behavior they find offensive and respond to their concerns by ceasing the objectionable behavior.
  • Become more keyed in to how people respond to your comments. If people wince when you talk about certain things, or if you are the only one initiating conversations on certain topics, then perhaps those topics are not welcome and perhaps you should drop them.

How do I avoid even the appearance of impropriety?

To avoid even the appearance of impropriety, keep doors open whenever possible. Avoid sexist remarks, off-color stories, or lewd jokes. Ask someone to accompany you if you suspect that a meeting you are planning will be uncomfortable for you or for the other party. Make it plain that your intentions are not sexual in nature. Focus on the business at hand. Make it clear, through your behavior, conversation, and actions, that you find sexual harassment offensive and inappropriate. Treat others respectfully and professionally.

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History of Sexual Harassment Law

The Equal Employment Opportunity Commission issued final guidelines on sexual harassment which became effective November 10, 1980. The guidelines focused on the country's attention on the issue of sexual harassment of employees and students. Such sex discrimination is unlawful and will not be tolerated at Broome Community College. Although the guidelines are based on Title VII and apply only to sexual harassment in the workplace, these guidelines have been interpreted to apply to students as well under Title IX of the 1972 Educational Amendments and the Civil Rights Restoration Act of 1987. As has been pointed out by the NACWE: there is a "seriousness of harassment by gatekeepers, those who teach required courses or have the authority to make critical decisions about a student's advancement. The extraordinary importance of such positions lends an exceptional degree of significance to every interruption with STUDENTS, and makes sexual harassment of all TYPES particularly harmful."(p. 9)1

Although the ultimate burden for prevention of sexual harassment rests with those in supervisory positions, others should be aware that their actions may also be construed as harassment behavior.

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Options for Coping With Sexual Harassment:

(Not listed in order of preference or importance)

1. Handle the situation yourself:

· Say no, say it firmly, without smiling, without apologizing.

· Keep a diary or log. Write down what is happening to you. Include direct quotes , any witnesses, or patterns to the harassment. Have your log witnessed periodically. Save any letters, cards, or notes sent to you. Keep both the log and notes in a secure place, preferably at home.

· Tell the harasser in writing, that you object to this behavior.

Describe the specific things which offend or upset you. Keep a copy of this letter.

2. Discuss the harassment with others, friends, fellow students, colleagues, support groups.

3. Report incidents to department chairperson, dean, supervisor, or Charles Quagliata, Vice President for Student and Community Affairs.

4. Files a written complaint. Forms are available at the Office of the President or Human Resources.

5. Students may also seek relief through the Office of Civil Rights, U.S. Department of Education, Washington, DC 20202; the New York State Department of Education, Grievance Department, Bureau of Higher Education, Albany, NY 12225; or through court action.

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BCC's Non-Discrimination Commitment

Broome Community College does not discriminate on the basis of race, sex, color, creed, age, national origin, disability, marital status, sexual orientation, or status as a disabled veteran or veteran of the Vietnam era in the recruitment of students; the recruitment and employment of faculty and staff; or the operation of any of its programs and activities. Where relevant, state and federal laws apply.

Questions regarding the College’s commitment to non-discrimination should be directed to the Office of Human Resources, located in the Wales Building, Room 103. Telephone 607-778-5319.

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Additional Information Regarding the Law

 

The laws prohibiting discrimination on the basis of race, color, national origin, religion, sex, marital status, and disability include the Equal Pay Act of 1963, Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act.

The Age Discrimination Act of 1975 prohibits discrimination based on age in the provision of educational programs or services, and requires institutions to justify any age-based criteria and distinctions.

The Vietnam Era Veterans Readjustment Act of 1974 prohibits discrimination against applicants for employment/education based on their status as disabled or Vietnam era veterans.

The Human Rights Law of the State of New York as amended in 1977, prohibits employers from discriminating against applicants and employees for employment on the basis of their status as ex-offenders, unless a direct relationship exists between the nature of the offense and the specific employment sought, or unless granting employment involves unreasonable risk to persons or property.

Broome Community College's Admission Procedure for Persons Previously Convicted of One or More Criminal Offenses establishes a mechanism through which admission decisions are made and by which decisions may be appealed. For further information contact the Director of Admissions (Wales 102, ext. 5001).

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Practically Speaking What Does All This Mean For Me?

Students have the right to be free of discrimination that is in violation of the law or of BCC's Non-Discrimination Commitment. Students have the right to pursue their academic programs and to seek services on campus without being subjected to illegal discrimination or discrimination that is in violation of BCC policy. They should be free of discrimination across campus, including, but not limited to, the following areas: admissions, financial aid allocations, student employment, educational programs, athletic programs, student activities, counseling and placement services.

Students who believe that they are being subjected to illegal discrimination or discrimination that is in violation of BCC policy should contact the Affirmative Action Officer in Wales Building, Room 103, telephone 778-5319. Off-campus agencies and the courts have varied statutes of limitation, ranging from six months to three years. The on-campus procedure is under review, and may be changed.

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Are There Places Off Campus That I Can Turn To For Help?

Yes. Students may also seek relief through the Office of Civil Rights, U.S. Department of Education, 75 Park Place, 14th floor, New York, NY 10007; or through court action.

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What is the College's Position Regarding Amorous Relationships Between Staff and Students?

College policy is that faculty and staff may not date students whom they teach or supervise in any other way. If you have questions or concerns, please contact the Office of Human Resources, the Dean of the Department or Charles Quagliata, Vice President of Student and Community Affairs.

Note: To the extent possible, conversations with personnel in the Office of Human Resources regarding your concerns will be treated with confidentiality. The college may in certain circumstances be legally obligated to investigate concerns brought to the the Office’s attention. However, other parties will be involved only on a need-to-know basis.

Further information concerning sexual harassment and BCC's commitment to non-discrimination is available in the Affirmative Action Office.

1 Till, Frank J. Sexual Harassment: A Report on the Sexual Harassment of Students. The National Advisory Council on Women's Educational Programs, August 1980.

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College’s Policy on Sexual Assault and Interpersonal Violence

Approximately 10% of undergraduate women are physically abused. More than 2.5 million women experience some form of violence each year, and nearly two of every three of these women are attacked by a relative or someone they know. Sexual assault is a crime of violence. It includes any kind of overt, forced sexual contact with someone who does not consent, who is physically helpless or who is under the influence of drugs or alcohol. Acquaintance or date rape is a sexual assault committed by someone known to the victim, such as a friend, classmate, professor, boyfriend, co-worker, or relative.

Broome Community College will not tolerate sexual offenses of any form. Where there is probable cause to believe that a sexual offense has occurred on campus or at an off-campus sponsored event by a student enrolled at BCC, the College will pursue strong disciplinary action, which includes the possibility of suspension or dismissal from the College.

The College supports the American College Health Association’s position statement re anti-bias/anti-violence as follows:

“For a campus community to be truly healthy, it must be guided by the value of multi-cultural inclusion, respect, and equality. Intolerance has no place at an institution of higher learning. We support all individuals regardless of their sexual orientation, race, national origin, age, gender, religion, or physical/mental afflictions. It begins with respect for the individual and builds into the greater whole known as community.”

Most women who are victims of partner violence do not discuss the incidents with anyone out of fear of the consequences, including provoking subsequent abuse; learned helplessness; feelings that they deserve abuse or that abuse is their own fault; or believing their partners can and will change.

For women who have been victims of personal violence, use of alcohol or other drugs can become a coping mechanism, whereby the victims self-medicate to alleviate feelings of anxiety, guilt, fear and anger that result from the violence. Unfortunately, the use of alcohol or other drugs by victims of interpersonal violence is related to increased vulnerability to victimization. The psychological impact of violence also includes mood disorders, anxiety, low self-esteem, post traumatic stress disorder, and other mental and physical health problems.

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Some Reasons Why These Violations Occur:
  • Learned Violence - We learn through our families, peers or the media that violence is acceptable. Some men feel it's okay to use force to get sex, and women may believe assault is their own fault.
  • Drugs and Alcohol - Substance abuse inhibits and distorts judgment and decreases awareness of surrounding events.
  • Stereotyping - Many people believe that men should be aggressive and women passive.
  • Poor Communication - When two people do not have a clear understanding of each other's sexual intentions and/or expectations, the potential for harassment or assault increases. Date rape may occur when a man thinks a woman is "playing hard to get" by refusing sexual advances. "No" means "no", not "yes" or "maybe."
  • Gender Insecurity - Rape and abuse may be a way of proving masculinity and dominance.
  • Misinformation - The myths that exist about sexual assault include; rape usually occurs at night in dark places; attacks are spontaneous; most rapists are not known by their victims; women, "asked to be raped" by dressing in sexy apparel; women falsely yell rape to get attention. These myths are not true, but they further cloud issues of harassment and violence against women.

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Bottom Line

Although a significant number of women are raped on dates or by an acquaintance, most victims never report their attacks, and therefore do not get help. If you have been raped:

  • Call 911 (Emergency Services).
  • Go immediately to the nearest hospital for medical assistance
  • Call Rape Crime Victims Assistance Center at 722-4256

Note: Do not shower or change your clothes prior to obtaining medical care, as hospital personnel will need to obtain samples for evidence to prosecute the perpetrator.

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BCC Support Services

The Broome Community College Student Health Services and the Access Center provide personal counseling and crisis intervention services to victims of sexual assault. The focus of the interaction will be to deal with the issue surrounding the assault or rape, with a goal of assisting the victim in returning to her/his previous level of functioning. This is done through non-judgmental supportive counseling. The BCC Student Health Services and the Access Center staff can also at a student's request, make referrals to community agencies to ensure that student's personal needs and issued are addressed in the most comprehensive manner possible.

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Educational Seminars

BCC offers a number of seminars sexual assault prevention during the academic year. Programs are sponsored by Student Health Center and Access Center.

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College Procedures for Dealing With Sexual Assault

Sexual Assault is a crime. Upon receiving information that an alleged sexual assault has occurred, staff members from the Health and Wellness and Counseling Centers and Campus Security will present available options to the victim. Specifically, the victim will be directed to the Health and Wellness Center and provided with transportation to a local hospital. Crisis intervention services will be provided to the victim through the Counseling Center with referrals to appropriate community support services. Additionally, Campus Security will be notified, whereupon appropriate security reports will be filed. Security will encourage and assist the victim in filing a formal complaint with outside law enforcement agencies.

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Applicable Laws/Policies Concerning Rape/Sexual Offenses

New York State Laws applicable to sexual assault are found in Article 130 of the New York State Penal Code. The law provides the legal definitions of sex offenses. One significant element of every sex offense is the lack of consent. Forcing or coercing someone to have sexual intercourse or engage in other sexual behavior is against the law.

Specifically in New York State, if a woman has sexual intercourse during which she is fearful of her life or her safety, or if she is unable to consent, the behavior of the perpetrator is considered rape. The perpetrator does not need to use a weapon or beat her to make her fearful for her safety. A person is considered unable to consent if she/he is incapacitated or is physically helpless due to drug or alcohol consumption, is mentally incompetent, is asleep, or is less than 17 years of age. If a person has intercourse under these circumstances, it is rape. Forcing or coercing a man or a woman to engage in any sexual experience other than sexual intercourse under the circumstances mentioned above is considered sexual abuse.

In part, the law defines various offenses and applicable penalties as follows:

  • Sexual Misconduct, a class A misdemeanor, up to 1 year imprisonment.
  • Rape in the third degree, a class E felony, up to 4 years imprisonment.
  • Rape in the first degree, a class B felony, up to 25 years imprisonment.
  • Sodomy in the third degree, a class E felony, up to 4 years imprisonment.
  • Sodomy in the first degree, a class B felony, up to 25 years imprisonment.
  • Sexual abuse in the second degree, a class A misdemeanor, up to 1 year imprisonment.
  • Sexual abuse in the first degree, a class D felony, up to 7 years imprisonment. 2 U.S. Public Health Service's Office on Women's Health.

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DEFINITIONS:

Rape - Sexual intercourse against a person's will and without her/his consent (this is a legal definition, and varies slightly by state.)

Acquaintance Rape - Rape by someone the victim knows.

Date Rape - Rape by someone the victim has been, or is, dating.

Aggravated Rape - Rape which occurs with more than one assailant or in conjunction with another crime (kidnapping, murder, assault, etc.)

Sexual Assault - A forced sexual act (other than sexual intercourse) against one's will (while fearing for one's life/safety or while incapacitated).

Note: Victims in approximately 10% of all sexual assault crimes are men.

U.S. Public Health Service Office on Women’s Health, “ Get Real-Straight Talk About Women’s Health”.

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Important Telephone Numbers

When calling from a campus phone, dial 9 first (ex., 9-911).
Emergency 911
Fire 911
Ambulance 911
BCC Public Safety 778-5379
BCC Student Health Services 778-5181
BCC Access Center 778-5210
BCC Environmental Engineering 778-5018

Support Services
AA 722-5983
Al-Anon, Al-A-Teen 722-0889
Crime Victims Assistance Center* 722-4256
SOS Shelter 754-4340
BCC Escort Service* 778-5083
New York State Division of Human Rights 721-8467

Legal Aid
Broome County Bar Lawyer Referral Service 723-6331
District Attorney 778-2423

Rape Counseling
Crime Victims Assistance Center* 722-4256
BCC Access Center 778-5210
BCC Student Health Center 778-5181

Sexual Harassment Counseling
BCC Office of Human Resources 778-5319
BCC Affirmative Action Office 778-5243
Crime Victims Assistance Center* 722-4256
BCC Access Center 778-5210
BCC Student Health Services 778-5181
BCC Campus Security 778-5083

Emergency Rooms
Binghamton General Hospital* 762-2231
Our Lady of Lourdes Hospital* 798-5231
Wilson Memorial Regional Medical Center* 763-6611
UMA-Endicott 9 a. m. to 9 p. m. 754-7171

Broome County Police Agencies
Binghamton* 723-5321
Johnson City* 729-9321
Endicott* 785-3341
Vestal* 754-2111
Port Dickinson Police* 722-1255
Broome County Sheriff* 778-1911
New York State Police Reporting Hot Line 775-1241 

* = Open 24 Hours 

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