Date of most recent
changes: September 25, 2018
College is committed to fostering a campus community where individuals are
treated with dignity and where allegations of prohibited conduct, including,
but not limited to: sexual violence, domestic or dating violence, sexual
harassment, and stalking are treated seriously and timely resolved.
Consistent with Title
IX of the Education Amendments of 1972, Onondaga Community College does not
discriminate on the basis of sex in its education programs and services.
Retaliation against an individual who files a complaint of sex discrimination
is strictly prohibited. Services and protections are provided pursuant to this Policy and NYS Education Law Article 129-B regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction. Any questions regarding Title IX may be referred to the
college’s Title IX Coordinator at 315-498-2692, or [email protected].
Reason for Policy
This policy complies
with Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure
of Campus Security Policy and Campus Crime Statistics Act, the Campus Sexual
Violence Elimination Act (SaVE Act), and NYS Education Law Sections 6432 and
Applicability of the Policy
This policy applies
to all members of the College community.
definitions have been adopted by the State University of New York and its
Violence: Under New York law
domestic violence is an act which would constitute a violation of the penal
law, including, but not limited to: disorderly conduct, harassment, aggravated
harassment, sexual misconduct, forcible touching, sexual abuse, stalking,
criminal mischief, menacing, reckless endangerment, kidnapping, assault,
attempted murder, criminal obstruction or breaching of blood circulation, or
strangulation; creates a substantial risk of physical or emotional harm to a
person or a person’s child; and, is committed by a family member. The victim
can be anyone over the age of sixteen, any married person, or any parent
accompanied by his or her minor child or children in situations in which such
person or such person’s child is a victim of the act.
Violence: New York law does
not specifically define “dating violence.” However, under New York law,
intimate relationships are covered by the definition of domestic violence when
the act constitutes a listed crime and is committed by a person in an “intimate
relationship” with the victim. See “Family or Household Member” for
definition of “intimate relationship.”
Assault: The term “sexual
assault” is not used in the New York State penal code. Instead, NYS law uses
the terms “rape,” “fondling,” “incest,” and “statutory rape,” which meet the
federal definition of sexual assault as used in the Federal Bureau of
Investigation’s Uniform Crime Reporting program.
Rape: Rape is non-consensual sexual
intercourse perpetrated by coercion, intimidation, 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 by drug or alcohol
consumption or due to being asleep.
Fondling: The touching of the private body parts
of another person for the purpose of sexual gratification, forcibly and/or
against that person’s will; or, not forcibly or against the person’s will where
the victim is incapable of giving consent because of his/her youth or because
of his/her temporary or permanent mental or physical incapacity.
Incest: Non-forcible sexual intercourse
between persons who are related to each other within the degrees wherein marriage
is prohibited by law.
Rape: Non-forcible sexual
intercourse with a person who is under the age of consent.
Stalking: Occurs 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 himself or herself,
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, and other electronic means.
Consent: Affirmative consent
is a knowing, voluntary, and mutual decision among all participants to engage
in sexual activity. Consent may be given by 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 definition of consent does not vary based upon a
participant’s sex, sexual orientation, gender identity or gender expression.
Consent to any sexual
act or prior consensual sexual activity between or with any party does not
necessarily constitute consent to any other sexual act. Consent is required
regardless of whether the person initiating the act is under the influence of
drugs and/or alcohol. Consent may be initially given but withdrawn at any time.
Consent cannot be
given when a person is incapacitated, which occurs when an individual lacks the
ability to knowingly choose to participate in sexual activity. Incapacitation may
be caused by the lack of consciousness or being asleep, being involuntarily
restrained, or if an individual otherwise cannot consent. Depending on the
degree of intoxication, someone who is under the influence of alcohol, drugs,
or other intoxicants may be incapacitated and therefore unable to consent.
Consent cannot be
given when it is the result of any coercion, intimidation, force, or threat of
When consent is
withdrawn or can no longer be given, sexual activity must stop.
Alcohol and Other Drug Use Amnesty in Sexual and Interpersonal Violence Cases
The health and safety
of every student of the State University of New York and its New York
State-operated colleges is of utmost importance. Onondaga Community College
recognizes that students who have been drinking and/or using drugs (whether
such use is voluntary or involuntary) at the time that violence, including, but
not limited to, domestic violence, dating violence, stalking, or sexual assault
occurs may be hesitant to report such incidents due to fear of potential
consequences for their own conduct. The College strongly encourages students to
report incidents of domestic violence, dating violence, stalking, or sexual
assault to College officials. A bystander acting in good faith or a reporting
individual acting in good faith who discloses any incident of domestic
violence, dating violence, stalking, or sexual assault to College officials or
law enforcement will not be subject to the College's code of conduct action for
violations of alcohol and/or drug use policies occurring at or near the time of
the domestic violence, dating violence, stalking, or sexual assault incident.
Nothing in this section shall be construed to limit the College’s ability to
provide amnesty in additional circumstances.
VIII. Procedures: Disclosing or Reporting
disclosure of an incident may be made to the Onondaga Community College
Counseling Office at 315-498-2675. In addition, there are a number of publicly
available services through which a confidential report may be made, see: http://www.opdv.ny.gov/help/dvhotlines.html . Additional disclosure and assistance
options are catalogued by the Office for the Prevention of Domestic Violence
and presented in several languages:
http://www.opdv.ny.gov/help/index.html (or by calling 1-800-942-6906), and
assistance can also be obtained through: Vera House: http://verahouse.org;
Legal Momentum: https://www.legalmomentum.org/; NYSCASA: http://nyscasa.org/contact/; NYSCADV: http://www.nyscadv.org/;
Pandora’s Project: http://www.pandys.org/lgbtsurvivors.html; GLBTQ Domestic Violence Project: http://www.glbtqdvp.org/;
RAINN: https://www.rainn.org/get-help; and Safe Horizons: http://www.safehorizon.org/. (Please note that these hotlines are for crisis
intervention, resources, and referrals, and are not reporting mechanisms,
meaning that disclosure on a call to a hotline does not provide any information
to Onondaga Community College. Reporting individuals also are encouraged to
contact a campus confidential or private resource so that the campus can take
appropriate action in these cases).
To report an incident to one of the following College officials who can offer privacy
and can assist in obtaining resources, please contact one of the following
offices (please note that an official who can offer privacy 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):
Complaints. To file a criminal
complaint with Campus Safety and Security and/or with local law enforcement:
315-498-2311. To file a criminal complaint directly with the Onondaga County
Sheriff’s Office: 315-435-3092. To report a sexual assault on a New York
college campus with the NYS State Police: 1-844-845-7269.
Reporting. Individuals wishing
to file an anonymous report of sexual assault, domestic violence, dating
violence, and/or stalking, and/or talk to the Title IX Coordinator for
information and assistance without disclosing his or her identity are free to
Employees. When the individual accused of
violating these policies is an employee of the College, a reporting individual
also may report the incident to Human Resources or may request that one of the
above referenced confidential or private employees assist in reporting to Human
Resources. Disciplinary proceedings will be conducted in accordance with
applicable collective bargaining agreements. When the accused is an employee of
an affiliated entity or vendor of 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 to obtain a persona non grata
letter, subject to legal requirements and College policy. Human Resources may
be reached at 315-498-2330. Contact may be made with Human Resources for the
College’s affiliated organizations and vendors through the Title IX
of Complaint. A
reporting individual is entitled to withdraw a complaint and/or discontinue
participation in the College process at any time. Similarly, a reporting
individual is free to choose whether and when to report an incident to public
authorities. The College reserves the right to pursue disciplinary or other
action on its own where there is reasonable suspicion to believe that College
policies have been violated.
To obtain effective
intervention service, contact the Counseling Center, Coulter Library,
Room 230, 315-498-2675, between the hours of 8:30-4:30; or Vera House,
24-hour phone number: 315-468-3260. These services are offered free of charge.
resources include: Upstate Medical University Community General Campus,
4900 Broad Road, Syracuse, NY, 315-492-5011. Within 96 hours of an assault, you
can get a Sexual Assault Forensic Examination (commonly referred to as a rape
kit) at a hospital. 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. The New York State Office of Victim
Services may be able to assist in compensating victims/survivors for health
care and counseling services, including emergency funds. More information may
be found here: https://ovs.ny.gov/help-crime-victims, or by calling 1-800-247-8035. Options
are explained here: https://www.suny.edu/violence-response/.
To best preserve
evidence avoid showering, washing, change clothes, combing hair, drinking,
eating, or doing anything to alter physical appearance until after a physical
examination has been completed.
Protection and Accommodations:
protections and accommodations are available under this policy:
College Student Conduct Procedures:
conduct proceedings, the respondent and the reporting individual will receive:
Prevention Education and Awareness:
College maintains educational programs to promote prevention, intervention, and
reporting of rape, acquaintance rape, dating violence, domestic violence,
sexual assault, and stalking, among other topics. These education programs
include primary prevention and awareness programs for all incoming students and
new employees designed to reduce risk, encourage reporting, and engage
bystanders in prevention. Disclosures by students at these events do not
require the College to begin an investigation but will inform education and
prevention efforts. In addition, the College offers ongoing awareness and
prevention programs to continuing students and employees, including faculty.
Among the strategies the College uses to ensure effective communications with
appropriate officials about these and other issues impacting on students and
campus well-being is the “We Care” reporting process. All members of the
College community are invited to share information of concern with the We Care
team by submitting a report (which may be made confidentially) through the
following link: http://students.sunyocc.edu/index.aspx?ekfrm=25904 .
to New York State law, the State Sexual Offenders Registry may be accessed at
the following link: http://www.criminaljustice.ny.gov/nsor/ .
Approved by the OCC Board of Trustees April 3, 2006
Updated and approved
by the OCC Board of Trustees June 28, 2010
Updated and approved
by the OCC Board of Trustees June 17, 2014
Updated and approved
by the OCC Board of Trustees March 6, 2015
Updated and approved
by the OCC Board of Trustees September 29, 2015
Updated and approved
by the OCC Board of Trustees June 19, 2018
Updated and approved by the OCC Board of Trustees September 25, 2018
Onondaga Community College
Central New York's partner in education for success.
4585 West Seneca TurnpikeSyracuse, NY 13215315.498.2000[email protected]
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