Empire State College is committed to maintaining a safe environment that is supportive of its primary educational mission and free from all exploitation and intimidation. It is essential that students who are sexually assaulted receive support and medical treatment as soon as possible. This document outlines the policies and procedures that will allow members of the college community to be effective at referring victims of assault to medical, psychological and legal resources.
Affirmative consent is a knowing, voluntary, and mutual decision among Sex dating in Empire participants to engage in sexual activity. Consent can be given in 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 health and safety of every student at the State University of New York and its state-operated and community colleges is of utmost importance. Empire State College strongly encourages students to report incidents of domestic violence, dating violence, stalking, or sexual assault to college officials.
The State University of Sex dating in Empire York and Empire State College want students to get the information and support they need, regardless of whether they move forward with a report of sexual violence to college officials, or to police.
Students are encouraged to talk with someone about something they have observed or experienced, even if they are unsure that the behavior constitutes sexual violence. A conversation where questions can be answered is far superior to keeping something to yourself. Confidentiality varies, and this document is aimed at helping you understand how confidentiality applies to different resources that may be available to you.
At Empire State College, a confidential service includes an off-campus professional counseling service:. This is a free, confidential, third-party, certified confidential counseling service. Even Empire State College offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. Empire State College will limit the disclosure as much as possible, even if the Title IX coordinator determines that the request for confidentiality cannot be honored.
The college will assist in making academic, employment and other reasonable and available accommodations, regardless of the reporting individuals reporting choices. While reporting individuals may request accommodations through various college offices, the following office serves as a primary point of contact to assist with these measures:. Title IX coordinator: ext. The college may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify the reporting individual or the situation they disclosed.
The college may seek consent from reporting individual prior to conducting an investigation.
If the college determines that an investigation is required, the reporting individual will be notified and immediate action will be taken, as necessary, to provide protection and assistance. When the reporting individual discloses an incident to someone who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality, Empire State College will consider many factors to determine whether to proceed despite that request. These factors include, but are not limited to:. If the college determines that it must move forward with an investigation, the reporting individual will be notified and the college will take immediate action, as necessary, to protect and assist him, her or them.
Empire State College may use the information provided to inform the need for additional education and prevention efforts. Reports of certain crimes occurring in Sex dating in Empire geographic locations will be included anonymously in the college Clery Act Annual Security Report that neither identifies the specifics of the crime or the identity of the reporting individual. Contact information:. A reporting individual will never be identified in a timely warning. Generally, SUNY Empire will not share information about a report of sexual violence with parents without the permission of the reporting individual.
Consent to any sexual act or prior consensual sexual activity with any party does not necessarily constitute consent to any other sexual act. Consent may be withdrawn at any time.
How dating apps changed our love lives, for better or worse
Consent cannot be given when a person is incapacitated, i. Incapacitation may be caused by lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. Consent cannot be given under conditions of coercion, intimidation, force, or threat of harm.
When consent is withdrawn, or can no longer be given, sexual activity must stop. Reporting: Have emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a reporting individual to provide information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible, and detailing that the criminal justice process utilizes different standards of proof and evidence and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney.
Reporting individuals are encouraged to additionally contact a confidential campus or private resource, so that the Sex dating in Empire can take appropriate action. To disclose the incident to a college official, who can offer privacy and provide information about remedies, accommodations, evidence preservation and how to obtain resources. Note, college officials will disclose that they are private and not confidential resources and may still be required by law and college policy to inform one or more college officials about the incident, including but not limited to the Title IX coordinator.
They will notify reporting individuals that the criminal justice process uses different standards of proof and evidence than internal procedures and that questions about the penal law or criminal process should be directed to law enforcement or district attorney: Office of Campus Safety and Security,ext.
When the accused is an employee, a reporting individual also may report the incident to the Office of Human Resources, or may request that one of the above-referenced private employees assist in reporting to the Office of Human Resources [2 Union Ave. Disciplinary proceedings will be conducted in accordance with applicable collective bargaining agreements.
When the accused is an employee, affiliated entity, or vendor to the college, college officials will, at the request of the reporting individual, assist in reporting to the appropriate office of the vendor or affiliated entity and, if the response of the vendor or affiliated entity is not sufficient, assist in obtaining a persona non grata letter, subject to legal requirements and college policy.
The reporting individual may withdraw a complaint or involvement from the college process at any time.
This is a free and confidential third-party, certified counseling service. Sexual contact can transmit sexually transmitted infections and may result in pregnancy. Testing for STIs and emergency contraception is available at various external locations.
For confidential, private, affordable same-day STI testing clinics in your local area, call 6 a. Other applicable services are available from local hospitals and clinics. Please refer to resources identified in Section I-Reporting above. While there should be no charge for a rape kit, there may be a charge for medical or counseling services off campus and, in some cases, insurance may be billed for services.
You are encouraged to let hospital personnel know if you do not want your insurance policyholder to be notified about your access to these services. If the accused and a protected person observe each other in a public place, it is the responsibility of the accused to leave the area immediately and without directly contacting Sex dating in Empire protected person. Parties may submit evidence in support of their request. To be informed that a victim of any criminal sexual offense has legal recourse outside the College and can commence civil or criminal proceedings against the offending person sincluding but not limited to obtaining an Order of Protection or, outside of New York state, an equivalent protective or restraining order.
To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension. To have assistance from the Office of Campus Safety and Security when an individual violates an Order of Protection or to call on and assist local law enforcement in facilitating an arrest for violating such an order. When the accused is a student and presents a continuing threat to the health and safety of the community, to have the accused subjected to interim suspension, pending the outcome of a conduct process.
Parties may request a prompt review of the need for and terms of an interim suspension and to submit evidence in support of such request. When the accused is not a student but Sex dating in Empire a member of the college community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements, employee handbooks and Empire State College policies and rules.
When the accused is not a member of the college community, to have assistance from the Office of Campus Safety and Security or other college officials in obtaining a persona-non-grata letter, subject to legal requirements and college policy. To obtain reasonable and available interim measures and accommodations that effect a change in academic, employment or other applicable arrangements, in order to ensure safety, prevent retaliation and avoid an ongoing hostile environment.
Parties may request a prompt review of the need for and terms of any interim measures and accommodations that directly affect them. While reporting individuals may request accommodations through any of the offices referenced in this policy, the following office can assist with these measures: Title IX coordinator, ext.
Student Conduct Process: Refer to the Student Conduct Policies and Procedures to request that student conduct charges be filed against the accused. Throughout conduct proceedings, the respondent and the reporting individual will have: The same opportunity to be accompanied by an advisor of their choice, who may assist and advise the parties throughout the conduct process and any related hearings or meetings.
Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct. The right to an investigation and process conducted in a manner that recognizes the legal and policy requirements of due process including fairness, impartiality and a meaningful opportunity to be heard and is not conducted by individuals with a conflict of interest. The right to receive advance written or electronic notice of the date, time and location of any meeting or hearing he or she is required or eligible to attend.
Online dating has changed the way humans find and court potential partners.
Accused individuals will be told the date, time, location and factual allegations concerning the violation, a reference to the specific code of conduct provisions alleged to have been violated and possible sanctions. The right to due process concurrent with a criminal justice investigation and proceeding, except for temporary delays, as requested by external municipal entities, while law enforcement gathers evidence.
Temporary delays should not last more than 10 days, except when law enforcement specifically requests and justifies a longer delay. The right to offer evidence during an investigation and to review available relevant evidence in the case file, or otherwise held by the college. The right to present evidence and testimony at a hearing, where appropriate.
The right to exclude prior sexual history with persons other than the other party in the conduct process, or their own mental Sex dating in Empire diagnosis or treatment that may determine responsibility. Past findings of domestic violence, dating violence, stalking or sexual assault may be admissible in the disciplinary stage that determines sanction. The right to ask questions of the decision maker and, via the decision maker, indirectly request responses from other parties and any other witnesses present. The right to make an impact statement during the point of the proceeding, where the decision maker is deliberating on appropriate sanctions.
The right to simultaneous among the parties written or electronic notification of the outcome of a conduct proceeding, including the decision, any sanctions and the rationale for the decision and sanctions. The right to written or electronic notice about the sanction s that may be imposed on the accused, based upon the outcome of the conduct proceeding.
Access to at least one level of appeal of a determination before a panel, which may include one or more students, that is fair and impartial and does not include individuals with a conflict of interest. The right to access to a full and fair record of a student conduct hearing, which shall be preserved and maintained for at least five years. The right to have all information obtained during the course of the conduct or judicial process be protected from public release, until the appeals panel makes a final determination, unless otherwise required by law. Options for Confidentially Disclosing Sexual Violence The State University of New York and Empire State College want students to get the information and support they need, regardless of whether they move forward with a report of sexual violence to college officials, or to police.
Crisis services offices will generally maintain confidentiality unless you request disclosure and a consent or waiver form.