Sexual Assault

The State University of New York College at Oneonta is committed to maintaining an environment in which students, faculty, staff and visitors can work together free from all forms of harassment, exploitation and intimidation.  Sexual harassment is any unwanted verbal or physical sexual advance or sexually-explicit derogatory statement made by someone in the classroom or workplace that is offensive or that causes the recipient discomfort or humiliation or that interferes with the recipient's education or job performance.
 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.

Amendments to sections 6431 and 6432 of the NYS Education Law went into effect on April 7, 2009.  These amendments require campuses, including SUNY colleges and universities, to provide incoming students with information about domestic violence and stalking prevention, in addition to the already required information regarding sexual assault.

SEXUAL ASSAULT can be defined as one or more of the following:

  • RAPE (section 130.25) 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.
      • Rape 3rd degree is a class A felony
      • Rape 2nd degree is a class D felony
      • Rape 1st degree is a class B felony
  • CRIMINAL SEXUAL ACT (section 130.40) - same definition as rape but engages in anal or oral sexual conduct.
      • Criminal Sexual Act 3rd is a class E felony
      • Criminal Sexual Act 2nd is a class D felony
      • Criminal Sexual Act 1st is a class B felony
  • 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 (section 130.55) is forcing or coercing a man or woman to engage in any sexual contact other than intercourse under the circumstances mentioned above.
    • Sexual Abuse 3rd is a class B misdemeanor
    • Sexual Abuse 2nd is a class A misdemeanor
    • Sexual abuse 1st is a class D felony
  • PREDATORY SEXUAL ASSAULT is committing rape, criminal sexual act, aggravated sexual abuse or sexual conduct against a child in the first degree.
                     o
       Predatory Sexual Assault is a class A-II felony
  • PREDATORY SEXUAL ASSAULT and the victim is less than 13yrs old.

o   Predatory Sexual Act against a child is a class A-II felony

  • SEXUAL HARASSMENT is defined as unwelcome sexual advances, request for sexual favors, or other sexually-degrading verbal or physical conduct.
  • FORCIBLE TOUCHING (section130.52)-squeezing, pinching or grabbing the sexual or mother intimate parts of another person.
    • Forcible touching is a class A misdemeanor
  • SEXUAL MISCONDUCT (section 130.20) is engaging in sexual intercourse without consent, including oral or anal sexual conduct.
    • Sexual misconduct is a class A misdemeanor.
  • STALKING is when he or she intentionally engages in conduct directed at a specific person that is likely to cause reasonable fear.
    • Stalking 4th degree is a class B misdemeanor
    • Stalking 3rd degree is a class A misdemeanor
    • Stalking 2nd degree is a class E Felony
    • Stalking 1st degree is a class D felony

 

DOMESTIC VIOLENCE occurs when an intimate partner, family, or household member commits or attempts to commit:

  • Harassment 1st and 2nd degree- (section 240.25 and 240.26) means to intentionally to harass, annoy or alarm another person.
    • Harassment 1st degree is a class B misdemeanor
    • Harassment 2nd degree is a violation
  • Aggravated harassment 2nd- is to convene a form of communication which serves no legitimate purpose or to harass as a hate crime.
    • Aggravated harassment is a class A misdemeanor.
  • Stalking 1st,2nd,3rd, and 4th degrees (section 120.00). See prior classifications
  • Criminal Mischief (section 145.00) is to intentionally damage another’s property
    • Criminal Mischief 1st is a class B felony
    • Criminal Mischief 2nd is a class D felony
    • Criminal Mischief 3rd is a class E felony
    • Criminal Mischief 4th is a class A misdemeanor
  • Menacing (section 120.00) is to intentionally places or attempts to place another person in fear of death for serious physical injury.
    • Menacing 2nd  is a class A misdemeanor
    • Menacing 3rd is a class B misdemeanor
  • Reckless Endangerment (section 120.20) is engaging in conduct creating a substantial risk of serious physical injury to another.
    • Reckless Endangerment 1st is a class D felony
    • Reckless Endangerment 2nd is a class A misdemeanor

PENALTY CLASSIFICATION

SENTENCE/FINE

Class A-I Felony

15 yrs to life in prison/$100,00 fine

Class A-II Felony

10 yrs to life in prison/$50,000 fine

Class B Felony

5 yrs-25yrs / $30,000 fine

Class C Felony

3 yrs – 15 yrs / $15,000 fine

Class D Felony

2 yrs – 7 rs

Class E Felony

1 yrs – 4 yrs

Class A Misdemeanor

Max of 1 year / $1,000 fine

Class B Misdemeanor

Max of 3 months / $500 fine

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.
  • As per Title IX of the Federal Office of Civil Rights with the complainant's consent University Police will report sexual assault to the Title IX coordinator who will then do a separate investigation.


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
VIP (Violence Intervention Program) which maintains a 24/7 Hotline at 607-432-4855. A hotline worker will guide you through your choices which include: seeking medical attention, reporting the crime, and finding a safe place to spend the night. The hotline worker is also a trained rape crisis and relationship violence counselor who can help you through this time.

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 VIP 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 by University Police and Student Development staff. For current prevention education programs go to the P.A.I.R.S. website at http://www.oneonta.edu/development/wellness/pairs.asp