For Students | Sexual Misconduct

What about my confidentiality?

If you disclose to a University employee, they may be required to report this information to the Ofice of Equity and Access for investigation.

Federal and state laws such as Title IX and NYS Education Law 129b "Enough is Enough" require the University to balance the needs of the individual reporting an incident who may request confidentiality with its obligation to end the harassment and consider the well-being of the community at large.

If you are concerned about confidentiality, discuss this issue first with a University Counselor, who will be able to explain various options you may take and the implications for each options and direct you to other on- or off-campus resources as appropriate.

Throughout the course of an investigation, information will be disclosed only to select officials who have an essential need to know in order to carry out their university responsibilities. Dissemination of information and/or written materials to persons not involved in the complaint procedure is not permitted.

Will my parents be told?
In the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents. University officials will directly inform parents when requested to do so by a student. While the University takes seriously a survivor's request for confidentiality, in certain instances where a health or safety emergency exist, or if the University determines such communication is otherwise deemed appropriate, parents may be contacted.

Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

Non-consent/Limitations of Consent
Consent to any sexual contact or any specific sexual act cannot be given if an individual is under the age of 17.
Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with any other person.
Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by:

A physical or mental condition, infirmity or disability that limited informed decision making;
The lack of consciousness or being asleep;
Being involuntarily restrained; or
If an individual otherwise cannot consent.
Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants (whether involuntary or voluntary) may be incapacitated and therefore unable to consent.
Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of immediate or future harm.
Coercion is the use of an unreasonable amount of pressure to engage in sexual activity. Coercion is more than an effort to persuade, entice or attract another person to engage in sexual activity.
Consent cannot be given when it is the result of the use of physical intimidation to secure compliance with sexual activity.
Intoxication or impairment of the Respondent is no defense to charges of sexual misconduct.
Revocation of Consent
Consent may be initially given, but it may be revoked/or withdrawn at any time, either verbally, through physical resistance, or by losing consciousness.
When consent is withdrawn or cannot be given, sexual activity must stop.
Failure to cease sexual contact promptly in response to withdrawal of consent constitutes prohibited non-consensual sexual contact.

All employees are strongly encouraged to report any allegations of sexual harassment or violence reported by a student. Except the following: Professional licensed counselors offering crisis intervention and counseling services, including assistance in accessing medical care. Doctors and nurses who are assisting or conducting medical care. Clergy/Chaplains of faith who are formally recognized by the dominion of the survivor's faith are excluded. These employees who are working in their official capacity for the help and treatment of the survivor are excluded from reporting to OEA.

No student shall perform any acts that are considered to be sexual harassment. Sexual harassment encompasses unwelcome sexual advances, unwelcome requests for sexual favors or requests for sexual favors in exchange for some benefit, and/or verbal or physical conduct of a sexual nature. Sexual violence is a form of sexual harassment. Sexual harassment is a form of sexual discrimination. Sexual harassment occurs when:

Submission to such conduct is made either explicitly or implicitly a term of or condition of any individual’s employment or education; or
Submission to or rejection of such behavior by an individual is used as the basis for employment of educational decisions affecting the individual; or
A behavior is sufficiently severe and pervasive to interfere with any individual’s work or educational performance, or create an intimidating, hostile, or offensive work or educational environment. Such prohibited conduct includes, but is not limited to, unwelcome sexual communication, touching, and non-consensual sexual contact, including but not limited to sexual touching, intercourse, and violence. Examples of sexual harassment include, but are not limited to:

Comments
Derogatory statements or other verbal abuse
Exploitation
Graphic or sexually suggestive comments about an individual's attire or body
Graphic or sexually suggestive gestures
Exposing one's genitals
Inquires or discussions about sexual activities
Profanities
Sexually suggestive letters or other written materials
Slurs
Teasing
Touching

No student shall perform any acts that are considered to be non-consensual sexual contact. Non-consensual sexual contact is any contact of a sexual nature which is unwanted or unwelcome. Sexual contact with another person without consent (as described in Section VII.C.6. below) is prohibited. Non-consensual sexual contact may include but is not limited to:

Attempted penetration
Brushing up against another in a sexual manner
Fondling
Grabbing
Kissing
Pinching

No student shall perform any acts that are considered to be dating violence. Dating violence is any act of 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 victim’s statement and with consideration of the nature and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary socializing between two individuals in a business or social context shall constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence.

Dating violence includes:

Isolation – Trying to cut off relationships with other family and friends.
Emotional abuse – Humiliating the Complainant in front of friends, guilt and manipulation if confronted, extreme and persistent jealousy.
Intimidation – Instilling fear through threatening behavior, verbal aggression, abuse of animals or destruction of property.
Coercion – Threatening to harm themselves or a third party if demands are not met or the relationship is ended.
Physical – Using or threatening to use physically assaultive behavior such as hitting, shoving, grabbing, shaking, slapping, beating, kicking, etc.
Sexual – non-consensual sexual touching or non-consensual sexual activity.
Harassment – Using electronic media (internet, cell phones, texting, and social media) or other means to keep track of the Complainant.

No student shall perform any acts that are considered to be domestic violence. Domestic violence is any felony or misdemeanor crime of violence committed by a current and/or former spouse and/or intimate partner of the victim. An intimate partner includes persons legally married to one another; persons formerly married to one another; persons who have a child in common, regardless of whether such persons are married or have lived together at any time, couples who are in an intimate relationship, including but not limited to, couples who live together or have lived together.

No student shall engage in stalking. The term stalking means intentionally engaging in a course of conduct, directed at a specific person, which is likely to cause a reasonable person to fear for his or her safety or the safety of others or cause that person to suffer substantial emotional damage. Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, including electronic means (cyberstalking), with such person(s) in a manner likely to harass, intimidate, annoy, or create a nuisance or alarm.

Sexual Misconduct Resources For Students

Complaint Process / Interim Measures

General Resources

Key Definitions and Terms

Relevant Policies