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Policy on Sexual Misconduct

Standard of Conduct
The College seeks to uphold all local, state and federal statutes regarding rape and date rape. In New York, sexual assault is when a person engages in sexual intercourse or deviant intercourse (sodomy or foreign objects) with a person without their consent and/or when a person engages in “sexual contact” (the touching of the sexual or other intimate parts of either party for the purpose of gratifying sexual desire of either party without the consent of the victim).

Consent
Consent is granted only when a person freely, actively, and knowingly agrees at the time to participate in a particular sexual act with another person. Consent exists when mutually understandable words and/or actions demonstrate a willingness to participate in a mutually agreed upon activity at every stage of that activity. Consent can be verbally or non-verbally withdrawn by either party at any stage of the activity. Consent cannot be assumed from partner silence, manner of dress, or be based upon a previous or ongoing sexual relationship.

Lack of consent may result from:

• Forcible Compulsion – whether through actual physical force or expressed implied threat of death, injury or kidnapping of the victim or anyone else.
• Incapacity to consent – whether the incapacity is based on mental illness, retardation, is temporary due to drug or alcohol use, or is due to physical helplessness due to unconsciousness or inability to communicate.
• Inability to consent – according to the New York State penal law, being less than seventeen years old, being mentally defective or incapacitated or being physically helpless.

The College policies on Sexual Misconduct can be found in the College’s Student Handbook. All students should review them carefully. The College includes information about rape and date rape as part of its FYE (First Year Experience) course. All students receive written materials on this subject and training programs are offered through campus programs. College counselors are also available for students who are in need of counseling or who may not be sure whether or not they were raped.

Procedures to Follow
If a student believes she/he was raped, the student must remember to preserve evidence.
• Do not wash or douche until you have had a medical exam
• Save your clothing and do not wash it
• Report the incident either to the police, Office of Campus Safety and Security, Vice President for Student Affairs, Director of Counseling, your Area Coordinator, or your Resident Assistant immediately.
• Whether you report the rape to the authorities or not, contact a trained rape crisis counselor or mental health professional to help you through the crisis. You will need support to assist you in handling the emotions that emerge following a rape.
• You may want to stay with a friend or close relative immediately following the rape.

Reporting Sexual Misconduct
All members of the College Community and visitors are strongly urged to report incidents of sexual misconduct. Every member of the faculty, administration, and staff is obligated by law under Title IX, to immediately report incidents of or perceived incidents of sexual misconduct against any member of the campus community upon learning of the incident.

Even if the victim requests confidentiality of the incident, the employee has a legal and moral obligation to report. The only individuals exempt from reporting are priests who learn of the behavior in a confessional or licensed health or mental health professionals when functioning in their designated counseling role at the College.

The College prohibits any acts of domestic violence, dating violence, sexual assault, and stalking.

Learn more about how to report sexual misconduct and the student conduct process for sexual misconduct.