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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.

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.

SUNY College at Oneonta - Ravine Parkway - Oneonta, NY 13820 - 607.436.3500
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Sexual Assault

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