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Sexual harassment is a violation of Section 703 of Title VII of the
Civil Rights Act of 1964 and of the State University of New York College
at Oneonta campus policy. The College strongly condemns sexual harassment
in any form, sexual assault, rape and any other conduct that constitutes
a criminal offense. The College will take action as needed to discourage,
prevent and correct any behavior that violates this standard of conduct.
SEXUAL ASSAULT can be defined as one or more of the following:
- RAPE is forcing or coercing someone to have sexual intercourse.
Rape most often involves the use of threat of force, violence or
immediate and unlawful bodily injury. The perpetrator does not need to
use a weapon or produce physical harm; threat of force itself is
sufficient to categorize the act as rape.
- RAPE also occurs when the victim is incapable of giving legal
consent because the victim is:
a. less than 17 years of age;
b. mentally incapacitated;
c. physically helpless, including drug or alcohol consumption;
d. mentally "incompetent";
e. asleep.
- ACQUAINTANCE RAPE (or DATE RAPE) is sexual intercourse undertaken
by a friend, date or acquaintance without consent. Acquaintance Rape
includes sexual intercourse that occurs through force, as a result of
threats, physical restraint or physical violence, or without consent.
- SEXUAL ABUSE is forcing or coercing a man or woman to engage in any
sexual contact other than intercourse under the circumstances mentioned
above.
- SODOMY is forcing or coercing a man or woman to engage in any
deviate sexual contacts under the circumstances mentioned above.
- SEXUAL HARASSMENT is defined as unwelcome sexual advances, request
for sexual favors, or other sexually-degrading verbal or physical
conduct.
DISCIPLINARY ACTION
Where there is probable cause to believe the college's regulations
prohibiting sexual misconduct have been violated, the college will
expedite strong disciplinary action through its own channels. This
discipline includes the possibility of suspension or dismissal from the
college.
An individual charged with sexual misconduct will be subject to college
disciplinary procedures, whether or not prosecution under New York State
Criminal Statutes is pending.
The college will make every effort to be responsive and sensitive to the
victims of these serious crimes. Protection of the victim and prevention
of continued trauma is the college's priority. When the victim and the
accused live in the same residence hall, an immediate hearing with the
College Judicial Officer will be held to determine the need for modifying
the living arrangements.
Assistance for any other personal or academic concerns will be reviewed
and options provided.
During the disciplinary process, the victim's rights are:
- To have a person or persons of the victim's choice accompany the
victim throughout the disciplinary hearing.
- To remain present during the entire proceeding.
- As established in state criminal codes, to be assured that his/her
irrelevant past sexual history will not be discussed during the
hearing.
- To make a "victim impact statement" and to suggest an appropriate
penalty if the accused is found in violation of the code.
- To be informed immediately of the outcome of the hearing.
- During the disciplinary process, the rights of the "accused" are as
described under the Due Process Procedure of the College Judicial
System.
INFORMATION AND ASSISTANCE
If you believe you have been sexually assaulted in any way, you should
seek assistance. If you are in continuing danger, call University Police
immediately at x3550. It is important not to destroy any physical
evidence that might be present. If there is any possibility that you will
report the crime, you don't want to destroy the evidence. You may choose
to seek support from your RA or Residence Hall Director, or you may wish
to contact PAIRS (Providing Advocacy and Intervention Regarding Sexual
Assault). PAIRS is a 24-hour confidential campus resource with trained
professionals available for immediate support and advocacy. To request
PAIRS services, call University Police at x3550.
University Police is available to assist you as well. University Police
Officers have your well-being as their primary concern. They have been
trained to treat you with respect and sensitivity. The officer will
ensure that you are promptly taken to a physician for medical care and,
if appropriate, for collection of evidence. At your request, University
Police will contact a member of PAIRS to provide immediate support and
advocacy. If you wish to file charges, University Police will assist you.
You have the option of reporting the crime to the local police and
assistance in this matter will be provided at your request.
EDUCATIONAL PROGRAMS
Educational programs to promote awareness of rape, acquaintance rape, and
sex offenses are presented to the campus community. University Police and
Student Development staff provides programs in the Residence Halls. The
Providing Advocacy and Intervention Regarding Sexual Assault Committee
(PAIRS) presents programs, including the orientation program, "Sex at
Seven" and ongoing programs for resident students,
sororities/fraternities, and other groups. The CHOICES peer educators
provide programs on this topic, particularly as it relates to alcohol and
other drug use and abuse.
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