SaVE and Violence Against Women

Policies and Programming pursuant to the Campus SaVE Provisions of the Violence Against Women Act, Title IX and NYS EDU 129B

Administered by The Office of the Vice President for Enrollment Management and Student Development, Title IX Coordinator.

I. Introduction

Hudson Valley Community College respects the freedom of all students to learn in an environment free of harassment, intimidation or violence in any form. The College Community supports victims of sexual assault, stalking, dating violence and domestic violence by strictly enforcing its code of conduct against offenders and by providing support services to victims. These incidents will not be tolerated on the College Campus.

Domestic Violence is defined by Hudson Valley Community College as any act which would constitute a violation of the penal law, including, but not limited to loud disruptive arguing, threats of violence, assaults, harassment including through social media or electronic communication, any non-consensual sexual activity, damaging property, theft, unwanted physical activity of any kind, stalking or any other unwanted or unwelcomed activity if the incident occurs between spouses, intimate partners, former spouses or intimate partners.

Dating Violence is defined by Hudson Valley Community College as any act as articulated above that occurs between individuals who are or were engaged in a social relationship of a romantic or intimate nature.

Sexual Assault: A physical sexual act or acts committed against another person without consent. Sexual assault is an extreme form of sexual harassment. Sexual assault includes what is commonly known as “rape” (including what is commonly called “date rape” and “acquaintance rape”), fondling, statutory rape and incest. For statutory rape, the age of consent in New York State is 17 years old.i

Stalking is defined by Hudson Valley Community College as intentionally engaging in a course of conduct, directed at a specific person that is likely to cause a reasonable person to fear for his or her safety or the safety of others. Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose and repeatedly communicating by any means, including electronic means, with such person in a manner likely to intimidate, annoy, or alarm him or her. Such acts may be considered stalking by the college at any time but particularly where there has been clear communication that this contact is unwanted.

Affirmative Consent is defined by Hudson Valley Community College as a knowing, informed, voluntary and mutual decision between all participants to engage in sexual activity. Consent can 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.

Affirmative consent must be clear and unambiguous. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act. Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop. Consent cannot be given when a person is incapacitated. Incapacitation occurs when and individual lacks the ability to fully and knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily retrained, if any of the parties are under the age of 17, or if and individual otherwise cannot sent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.

Pursuant to Federal and NYS Law, Hudson Valley Community College adopts and uses the following definitions found in 18 USC §2446:

(1) the term “sexual act” means—

(A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;

(B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;

(C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or

(D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;

(2) the term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;

As articulated in paragraph 4.1 Hudson Valley Community College reserves the right to prosecute certain violations of the Code of Conduct even if they occur off-campus.

II. Where to Go for Help

Victims of Sexual Violence, Domestic Violence or Dating Violence should seek immediate assistance. Counseling and support services can be accessed by contacting the appropriate Title IX Coordinator as articulated in the College’s Anti-Discrimination and Harassment Policy. Assistance and counseling services may also be obtained by contacting:

TITLE IX COORDINATOR: Sandra J. McCarthy, JD
24 hour hotline: (518) 275-2089
24 hour email:   s.mccarthy@hvcc.edu
Office hours:      M-Th 1:30-5:30; F 9-12
Office phone:     (518) 629-4816
Office location:   CTR 293
* Reports may also be received by email or phone anonymously.

Public Safety by dialing 911 from any campus phone or by calling (518) 629-7210 from any cell phone or off-campus phone.
College Health Service (518) 629-7468
The Center for Counseling and Transfer (518) 629-7320
Rensselaer County 24 hour Rape Crisis Center at Samaritan Hospital, Troy, NY (518) 271-3257 or
Sexual Assault and Crime Victim’s Assistance at Samaritan Hospital, Troy, NY (518) 271-3639
By contacting any local law enforcement agency or hospital emergency room.

For resources in your area or to have this provisions translated in your native language or for other resources, please contact the SUNY SAVR website at https://www.suny.edu/violence-response/.

Confidentiality:

Options for Confidentially Disclosing Sexual Violence
The State University of New York and HVCC want you to get the information and support you need regardless of whether you would like to move forward with a report of sexual violence to campus officials or to police. You may want to talk with someone about something you observed or experienced, even if you are not sure 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.

Privileged and Confidential Resources

Individuals who are confidential resources will not report crimes to law enforcement or college officials without your permission, except for extreme circumstances, such as a health and/or safety emergency. At HVCC this includes:

• Counseling Services (518) 629-7320
• College Ministry (518) 629-7168
•  Health Office (518) 629-7468

Off-Campus options to disclose sexual violence, dating violence and domestic violence confidentially include (note that these outside options do not provide any information to the campus):

• Unity House (518) 272-5917
• Rensselaer County 24 hour Rape Crisis Center at Samaritan Hospital, Troy, NY (518) 271-3257 or
• Sexual Assault and Crime Victim’s Assistance at Samaritan Hospital, Troy, NY (518) 271-3639

Note that even individuals who can typically maintain confidentiality are subject to exceptions under the law, including when an individual is a threat to him or herself or others and the mandatory reporting of child abuse.

Privacy versus Confidentiality:

Even Hudson Valley Community College offices and employees that cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible under the law for tracking patterns and spotting systemic issues. Hudson Valley Community College will limit the disclosure as much as possible, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

Reports of certain crimes occurring in certain geographic locations will be included in the Hudson Valley Community College’s Clery Act Annual Security Report in an anonymized manner that neither identifies the specifics of the crime or the identity of the victim.

Requesting Confidentiality: How Hudson Valley Community College Will Weigh the Request and Respond:

If you disclose an incident to a Hudson Valley Community College employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to the institution’s request to initiate an investigation, the Title IX Coordinator must weigh your request against our obligation to provide a safe, non-discriminatory environment for all members of our community, including you.

We may seek consent from you prior to conducting an investigation. You may decline to consent to an investigation, and that determination will be honored unless the Hudson Valley Community College’s failure to act may result in harm to you or other members of the Hudson Valley Community College community. Honoring your request may limit our ability to meaningfully investigate and pursue conduct action against an accused individual. If we determine that an investigation is required, we will notify you and take immediate action as necessary to protect and assist you

We will assist you with accommodations regardless of your reporting choices. The Title IX Coordinator can assist any victim/survivor with services available on Campus. We also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify you or the situation you disclosed.

Factors Considered in Weighing a Request for Confidentiality:

In determining whether Hudson Valley Community College must proceed with a report of sexual violence, domestic violence or dating violence despite a request for confidentiality, the College will consider many factors, including but not limited to:

• The increased risk that the accused will commit additional acts of violence
• Whether the accused has a history of violent behavior or is a repeat offender
• Whether the accused used a weapon
• Whether the victim is a minor
• Whether the incident represents escalation, such as a situation that previously involved sustained stalking
• Whether we possess other means to obtain evidence such as security footage, and whether the report reveals a pattern of perpetration at a given location or by a particular group.
• 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.

GOOD SAMARITAN POLICY: The health and safety of every student at Hudson Valley Community College is of utmost importance. Hudson Valley 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. HVCC strongly encourages students to report domestic violence, dating violence stalking, or sexual assault to institutional officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to HVCC officials or law enforcement will not be subject to HVCC code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence stalking or sexual assault.

Hudson Valley Community College supports students who reach out for assistance in the case of a medical emergency, as well as supports the student whom is helped. Therefore, a student or student organization seeking medical treatment for him/herself, or for any other student who is in immediate medical need, or any student who is the recipient of the emergency medical help particularly if the student is seeking medical help for any student who is the victim of a crime or may need immediate medical attention due to the use of alcohol or other drugs, will not be subject to disciplinary sanctions related to their own violation of using or possessing alcohol or other drugs on or off campus. The college strongly encourages bystanders to respond to potentially dangerous situations by reporting the incident promptly without fear of reprisal. However, if the circumstances dictate, the school reserves the right to notify parents of students under the age of 21 or to encourage counseling for students at any time if the well-being of the student is at risk.

ORDERS OF PROTECTION: An order of protection may be obtained through your local criminal court if a criminal charge is pending or through family court if the incident occurred between family members or intimate partners. On campus directives to stay away or limit contact may be obtained through the Vice President for Enrollment Management and Student Development or his designee. Any student may contact Public Safety or the Title IX Coordinator for advice regarding the violation and enforcement of an order of protection issued by a court or an on campus directive

III. Sexual Violence Victim/Survivor’s Bill of Rights

The State University of New York and Hudson Valley Community College are committed to providing options, support and assistance to victims and survivors of sexual assault, domestic violence, dating violence and stalking to ensure that they can continue to participate in college-wide and campus employment, programs and activities. All victims and survivors of these crimes and violations 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, have the following rights regardless of whether the crime or violation occurs on campus or off campus

All Students have a right to:

• Make a report to local law enforcement and/or state police;

• Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;

• Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;

• Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;

• Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;

• Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;

• Describe the incident to as few institutional representatives as practicable and not be required to unnecessarily repeat a description of the incident;

• Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;

• Access to at least one level of appeal of a determination;

• Be accompanied by and advisor of choice who may assist and advise a reporting individual, accused or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and

• Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

Options in Brief

Victims/survivors should be aware that you have the right to make a report to Campus Security, local law enforcement, and/or State Police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution. You have many options that can be pursued simultaneously, including one or more of the following:

• Receive resources, such as counseling and medical attention;
• Confidentially or anonymously disclose a crime or violation (for detailed information on confidentiality and privacy please refer to the Confidentiality Policy-above);
• Make a report to:
  • An employee with the authority to address complaints, including the Title IX Coordinator, a Student Conduct employee, or Human Resources employee;
  • A Public Safety Officer;
  • Local law enforcement; and/or
  • Family Court or Civil Court.

IV. Sexual Violence Response Policy

In accordance with the Victim/Survivor Bill of Rights, victims/survivors shall have the right to pursue more than one of the options below at the same time, or to choose not to participate in any of the options below:

A. Reporting

• To report confidentially the incident to one of the following college officials, who by law may maintain confidentiality, and can assist in obtaining services (more information on confidential reporting is available in the section on Confidentiality-above):
  • Anonymously via an internet or telephone anonymous reporting;
  • Through the counseling office ((518) 629-7320))
• To disclose confidentially the incident and obtain services from the New York State, New York City or county hotlines: http:/www.opsv.ny.gov/help/dvhotlines.html. Additional disclosure and assistance 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:
  • Sexual Assault and Crime Victim’s Assistance at Samaritan Hospital, Troy, NY (518) 271-3639
  • Rensselaer County 24 hour Rape Crisis Center at Samaritan Hospital, Troy, NY (518) 271-3257
  • SurvJustice: http:/www.survjustice.org/our-services/civil-rights-complaints;
  • Legal Momentum: https:/www.legalmomentum.org;
  • NYSCASA: http:/nycasa.org/responding;
  • NYSCADV: http:/www.nycadv.org/;
  • Pandora’s Project: http:/www.pandys.org/lgbtsurvivors.html;
  • GLBTQ Domestic Violence Project: http:/www.glbtqdvp.org; and
  • RAINN: https:/www.rainn.org/get-help;
  • Safe Horizons: http:/www.safehorizon.org/

• (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 the campus. Victims/Survivors are encouraged to additionally contact a campus confidential or private resource so that the campus can take appropriate action in these cases).

• To report the incident to one of the following college officials who can offer privacy and can assist in obtaining resources (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):
  • Title IX Coordinator;
  • Public Safety
  • Counseling
• To file a criminal compliant with Public Safety and/or with local law enforcement:
  • Public Safety;
  • Local Law Enforcement through 911
• To file a report of sexual assault, domestic violence, dating violence, and/or stalking talk to Public Safety or the Title IX Coordinator for information and assistance. Reports will be investigated in accordance with HVCC policy. If a victim/survivor wishes to keep his/her identity private, he or she may call the Title IX Coordinator at (518)629-7307 anonymously to discuss the situation and available options.
• When the accused is an employee, a victim/survivor may also 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 victim/survivor, 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.
• You may withdraw your complaint or involvement from the HVCC process at any time

B. Resources

• To obtain effective intervention services.

  • Center for Counseling (518) 629-7320 – no fee

  • College Health Services (518) 629-7468 – no fee

  • Sexual Assault and Crime Victim’s Assistance at Samaritan Hospital, Troy, NY (518) 271-3639

  • Rensselaer County 24 hour Rape Crisis Center at Samaritan Hospital, Troy, NY (518) 271-3257

  • Samaritan Hospital: 2215 Burdette Avenue, Troy, NY

  • Albany Medical Center: 43 New Scotland Avenue, Albany, NY

    • 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 can be found at http:/www.ovs.ny.gov/files/ovs_rights_of_cv_booklet.pdf or by calling 1-800-247-8035. Options are explained at http:/www.ovs.ny.gov/helpforcrimevictims.html.

C. Protection and Accommodations:

• When the accused is a student, to have the college issue a “No Contact Order”, issued by the school, meaning that continuing to contact the protected individual is a violation of college policy subject to additional conduct charges; 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 the protected person.

• To have assistance from Public Safety or other college officials in obtaining an Order of Protection or, if outside of New York State, and equivalent protective or restraining order.

• To receive instructions on how to obtain a copy of the Order of Protection issued by a court and have an opportunity to meet or speak with college officials who can explain the order and answer questions about it, including information from the Order about the accused’s responsibility to stay away from the protected person(s); that burden does not rest on the protected person(s).

• To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charge, and interim suspension.

• To have assistance from Public Safety in effected an arrest when an individual violates an Order of Protection or, if outside of New York State, an equivalent protective or restraining order within the jurisdiction of Public Safety or, if outside of the jurisdiction or local law enforcement in effecting 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 subject to interim suspension pending the outcome of a conduct process.

• When the accused is not a member of the college community, to have assistance from Public Safety 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, housing, employment, transportation, or other applicable arrangement in order ensure safety, prevent retaliation, and avoid an ongoing hostile environment. While victims/survivors may request accommodation through any of the offices referenced in this policy, the following office can serve as a point to assist with these measure:

  o Vice President for Enrollment Management and Student Development.

  o Public Safety

V. The Prevention of Sexual Offenses

Hudson Valley Community College Policy: Sexual misconduct is not tolerated at Hudson Valley Community College. Any form of sexual misconduct listed in this catalog is a violation of the New York State Penal Law.

A conviction of any of the sexual crimes listed may result in incarceration and/or monetary fine to the perpetrator. Persons who have a complaint filed against them for an incident involving sexual misconduct occurring on campus will be processed in accordance with the adjudication procedures contained in the college’s regulations. Copies of these regulations are available in the Public Safety Department.

Procedures to Prevent Sex Offenses

Education Programs

The College is continually updating its education programs to promote the awareness of rape, acquaintance rape, and other sex offenses. This is done through orientation, media presentations, lectures by county rape crisis personnel, posters, counseling services provided on campus, and distribution of educational material.

For information about Hudson Valley ‘s Sexual Harassment Policy, see the Anti-Discrimination Policy .

Access to the New York State Sex Offender Registry

The Sexual Offender Registration Act (SORA) of New York State established a Sex Offender Registry within the New York State Division of Criminal Justice Services. As part of the Registry, the SORA requires the Division of Criminal Justice Services to maintain a Subdirectory of High-Risk (Level 3) Sex Offenders. The Registry also contains information on low-risk (Level 1) and moderate-risk (Level 2) sex offenders.

The referenced site provides free public access to the database of Level 3 sexual offenders only. You may however, access information on Level 1 and Level 2 offenders for a fee. To access the New York State Sexual Offender registry, visit: http://criminaljustice.state.ny.us/nsor/index.htm.

Prevention

Most sexual assaults are not committed by strangers. College students are in greater danger of being sexually assaulted by a friend or a fellow student than by a stranger.

With its high number of dating and social activities, the campus setting can offer opportunities for date rape to occur. When the relationship with the offender or when the circumstances that are involved make a victim hesitant to report a sexual crime, the term “date rape” or “acquaintance rape” is frequently used.

In date rape, the offender may be a friend or an acquaintance. Also, the victim may have consumed drugs or alcohol. Regardless of the circumstances, when sexual activity beyond a mutually agreed upon point is forced on a partner, date rape occurs.

What to do if you are attacked:

1. After an attack, it is extremely important that the victim take appropriate action promptly.
2. Try to be as calm as possible.
3. Get to a safe place.
4. Call for help. Call the police, a friend, or a rape crisis service. If the attack occurs on campus, immediately contact the Public Safety Office or the College Health Office, where there is a nurse on duty.
5. Remain in the same condition as when the attacker left. Do not change, wash, or destroy any clothing. Do not wash yourself, douche, or comb your hair.
6. Seek medical aid promptly. Not only can internal and external injuries be treated, but measures can be taken to combat the possibilities of disease. It is also an opportunity to collect evidence.
7. Leave the crime scene exactly as it is. Do not touch anything. Do not clean up or throw anything away.

• As soon as possible, write down every detail about the incident; who, what, when, where, how.

• What the offender looked like.
• Where the assault occurred.
• What kind of force or coercion was used.
• Make and model of vehicle used.
• Any objects touched or taken by the assailant.
• Any noticeable speech patterns used by the assailant - particular words, grammar, accents, or speech defects.
• Any possible witnesses - who or where they might be.

Counseling and Support Services

At Hudson Valley Community College, we are concerned for every student’s safety and security. If you have been the victim of a sexual crime, please contact one or more of the following on-campus and off-campus agencies:

Public Safety: 911 from any campus phone or (518) 629-7210 from any cell or non-campus telephone
College Health Services: (518) 629-7468
The Center for Counseling and Transfer: (518) 629-7320
Rensselaer County Rape Crisis Center, Samaritan Hospital, Troy, 24-hour hotline: (518) 271-3257
Any Local Law Enforcement Agency or Hospital Emergency Room

*Please refer to the Judicial System   for Procedures for On-Campus Discipline

VI. Student Conduct Process Rights

• Conduct proceedings are governed by the procedures set forth in the Hudson Valley Community College catalog in the Judicial System   and as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions.

• Throughout conduct proceedings, the accused and the victim/survivor will have:

  • The same opportunity to have access to an advisor of their choice. Participation of the advisor in any proceeding is governed by federal law and the HVCC Judicial System  

  • The right to a prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma and other issues related to sexual assault, domestic violence, dating violence and stalking.

  • The right to an investigation and process conducted in a manner that recognized the legal and policy requirements of due process.

  • The right to receive written or electronic notice of any meeting or hearing they are required to or are eligible to attend.

  • The right to have a conduct process run concurrently 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 review available evidence in the case file.

  • The right to a range of options for providing testimony via alternative arrangements, including telephonic testimony or testifying with a room partition.

  • The right to exclude prior sexual history or past mental health history from admittance in college disciplinary stage that determines responsibility. Past sexual violence findings 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 sanction.

  • The right to simultaneous (among parties) written or electronic notification of the outcome of a conduct proceeding, including the sanction(s).

  • The right to know the sanction(s) that may be imposed on the accused based upon the outcome of the conduct proceeding and the reason for the actual sanction imposed. For students found responsible for sexual assault, the available sanctions are suspension with additional requirements and expulsion/dismissal.

  • The right to choose whether to disclose or discuss the outcome of the hearing.

  • The Coordinator for Judicial Services can be reached at (518) 629-8173. The Vice President for Enrollment Management and Student Development can be reached at (518) 629-7307 and Public Safety can be reached at (518)629-7210

¹What is a Sexual Crime?

Article 130 of the New York State Law contains the following legal provisions defining crimes related to sexual assault. A copy of Article 130 is available in the Public Safety Department, located on the first floor of the Siek Campus Center.

Section 130.20 - Sexual Misconduct. This offense includes sexual intercourse without consent and deviate sexual intercourse without consent. The penalty for violation of this section includes imprisonment for a definite period to be fixed by the court up to one year.

Section 130.25/.30/.35 - Rape. This series of offenses includes sexual intercourse with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity or physical helplessness. This series of offenses further includes sexual intercourse with a person under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

Section 130.40/.45/.50 - Criminal Sexual Act. This series of offenses includes oral or anal sexual conduct with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity or physical helplessness. This series of offenses further includes oral or anal conduct with a person under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

Section 130.52 - Forcible Touching. This offense involves the forcible touching of the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desires. Forcible touching includes the squeezing, grabbing, or pinching of another person’s sexual or other intimate parts. The penalty for violation of this section includes imprisonment for a period of up to one year in jail.

Section 130.55/.60/.65 - Sexual Abuse. This series of offenses includes sexual contact with a person by forcible compulsion, or with a person who is incapable of consent due to physical helplessness, or due to a person being under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed three months up to imprisonment for a period not to exceed seven years.

Section 130.65-a/.66/.67/.70 - Aggravated Sexual Abuse. This series of offenses occurs when a person inserts a finger or foreign object in the vagina, urethra, penis or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being physically helpless, or when the other person is under the age of consent. The level of this offense is enhanced if the insertion of a finger or foreign object causes injury to the other person. The penalties for violation of these sections range from imprisonment for a period not to exceed seven years up to imprisonment for a period not to exceed 25 years.

Sexual Harassment
Sexual harassment is a form of sex discrimination and as such is specifically prohibited by Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments Act of 1972. Sexual harassment is defined as unwelcome verbal or physical conduct of a sexual nature which has the purpose of effect of interfering with an individual’s performance or which creates a hostile or intimidating environment. Examples of sexual harassment range from remarks and joking to actual sexual relations