Students.sunyocc.edu

Policy D4
Policy Name: Sexual Assault, Domestic Violence and Stalking Prevention
Responsibility for Maintenance: Student Development, Campus Safety and Security

Date of most recent changes:  June 28, 2010

I. Policy Statement   

The College shall inform incoming students about sexual assault, domestic violence and stalking prevention measures through programs which may include workshops, seminars, discussion groups and film presentations, in order to disseminate information, promote discussion, encourage reporting of, and facilitate prevention of sexual assault, domestic violence and stalking offenses.  Specifically, the College shall provide educational programs to promote the awareness of sexual assault, domestic violence, and stalking offenses. These educational and informational programs should include, but not be limited to, the following subjects:

• the applicable state laws, ordinances, and regulations regarding sexual assault, domestic violence and stalking offenses. 
• the penalties under state law for commission of sexual assault, domestic violence, and stalking offenses as well as on-campus disciplinary sanctions for the same;  
• the procedures in effect at the College for dealing with sexual assault , domestic violence and stalking offenses; 
• the availability of counseling and other support services for the victims of sexual assault, domestic violence and stalking offenses on campus and off-campus;  
• the nature of and common circumstances relating to sexual assault, domestic violence and stalking  offenses on college campuses; and  
• the methods the campus employs to advise and to update students about safety and security  procedures. 

II. Reason for Policy  

This policy is intended to ensure the College’s compliance with applicable provisions of the New York State Education Law.   

III. Applicability of the Policy  

All members of the campus community should be familiar with this policy.  

IV. Related Documents   

• New York State Education Law Section 6432 
• OCC Campus Safety & Security Website information on Sexual Offenses: Policy and Prevention 

V. Contacts  

VI. Definitions  

1. Domestic Violence is defined as an act committed by a person involved in an intimate relationship against the other member of the intimate relationship.  An intimate relationship includes those persons who are married or unmarried, persons who are in dating relationships, including same sex couples, even if there is no sexual relationship.
2. A Sexual Offense is a sexual act that is committed without the consent of the victim.  A sexual offense shall include but not be limited to situations where the victim is unable to provide consent because he or she is a minor (less than 17), physically helpless, mentally incapacitated, mentally impaired or unconscious due to alcohol or drug consumption, whether or not the consumption was with the victim’s consent. 
3. Rape is nonconsensual sexual intercourse perpetrated by coercion, intimidation, threat or physical force, either threatened or actual.  Rape also occurs when the victim is incapable of giving legal consent because the victim is less than 17 years of age, mentally incapacitated or incompetent, physically helpless, including drug or alcohol consumption or asleep.
4. Acquaintance/Date Rape is defined as sexual intercourse undertaken by a person known to the victim without consent.  Acquaintance/Date Rape includes sexual intercourse that occurs through force, as a result of threats, physical restraint or physical violence with or without consent.
5. Stalking is when one person engages in a course of conduct which is directed at a specific person and that course of conduct causes that person to be in fear of harm to him/her, his/her safety, his/her property, a member of his/her immediate family, or an acquaintance. Cyber stalking is a form of stalking which can include but is not limited to phone, text, IM, Facebook, etc.

VI. Procedures 

1. The College is required to file an annual report on its compliance with Education Law § 6432 with the New York State Commissioner of Education.
2. Students who are victims of any form of domestic violence, sexual offenses, or stalking offenses are strongly encouraged to file a complaint through a member of the Office of Campus Safety and Security, the Vice President for Student Development, the Assistant to the Vice President for Student Development, the Judicial Coordinator, the Director of Residence Life, the Assistant Director of Residence Life, a Residence Hall Director, or a counselor in the Counseling Department.  Students may also contact local law enforcement if they believe a crime has been committed.  Campus Safety and Security can facilitate this reporting.
3. Students found responsible for violations of this policy shall be subject to sanctions and disciplinary procedures as outlined in the Student Code.   
4. Violators of this policy may also be subject to external prosecution. 

Sexual Offenders 

The College is required by New York State to provide a link to the State Sexual Offenders Registry  http://www.criminaljustice.state.ny.us/nsor/ 

Approved by the OCC Board of Trustees April 3, 2006

Updated and approved by the OCC Board of Trustees June 28, 2010