CUNY Sexual Assault Policy

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THE CITY UNIVERSITY OF NEW YORK

POLICIES AND PROCEDURES CONCERNING SEXUAL ASSAULT, STALKING  AND DOMESTIC AND INTIMATE PARTNER VIOLENCE AGAINST STUDENTS

I. POLICY STATEMENT

The City University of New York seeks to create and maintain a safe environment in which all members of the University community—students, faculty and staff—can learn and work free from the fear of sexual assault and other forms of violence. The University’s policies on Workplace Violence and Domestic Violence and the Workplace apply to all acts of violence that occur in the workplace or that may spill over into the workplace. The University’s Sexual Harassment Policy prohibits many forms of unwelcome conduct, including but not limited to, physical conduct of a sexual nature. This policy is specifically directed towards sexual assault, domestic and intimate partner violence and stalking committed against students on and off-campus.  

CUNY wants all victims of sexual assault, stalking and domestic and intimate partner violence to know that the University has professionals and law enforcement officers who are trained in the field to assist student victims in obtaining help, including immediate medical care, counseling and other essential services. If the alleged perpetrator is also a member of the CUNY community, the college will take prompt action to investigate, and, where appropriate, to discipline and sanction the alleged perpetrator. CUNY urges all victims to seek immediate help in accordance with the guidelines set forth in this policy with the assurance that all information received from a complaint will be handled as confidentially as possible. 

In order to eliminate sexual assaults and other forms of violence perpetrated against students, and to create a safe college community, it is critical to provide an appropriate prevention education program and have trained professionals to provide vital supportive services.   

Accordingly, CUNY is committed to the following goals: 

• Providing clear and concise guidelines for students to follow in the event that they or someone
   they know have been the victim of a sexual assault, domestic/intimate partner violence, or stalking. 

• Assisting victims of sexual assault or abuse in obtaining necessary medical care and counseling, whether on or         off-campus.  

• Providing the most informed and up-to-date education and information to its students about how to identify   situations that involve sexual assault, domestic and intimate partner violence, or stalking, and ways to prevent these forms of violence.  

• Educating and training all staff members, including counselors, public safety officers and student affairs staff and faculty, to assist victims of sexual assault, domestic/intimate partner violence, or stalking. 

 • Ensuring that disciplinary procedures are followed in the event that the alleged perpetrator is a CUNY student or employee.

II.   PROCEDURES FOR REPORTING INCIDENTS OF SEXUAL ASSAULT AND OTHER  FORMS OF VIOLENCE

Obtaining assistance after a student is sexually assaulted, stalked or is in an abusive relationship is extremely important and can involve different points of on-campus contact for students, faculty and staff, including the Public Safety Department, Women’s/Men’s Centers and Counseling Departments, and/or the Dean of Student Development/Student Affairs. Each provides different forms of assistance which together address many of the needs of survivors. 

• Contact Law Enforcement Personnel Immediately

CUNY urges any student who has been the victim of a sexual assault or other act of violence or abuse, or any student or employee who has witnessed a sexual assault or other act of violence against a student, to immediately report the incident to the college Public Safety Department if the attack occurred on-campus, or to call 911 or go to the local NYPD precinct if the incident took place off-campus. Each college shall be provided with a list of emergency contact numbers as part of its orientation and training programs. 

 • Seek Immediate Medical Attention

It is critical that victims of a physical assault receive comprehensive medical attention as soon as possible. For a sexual assault in particular, immediate treatment and the preservation of evidence of the attack (i.e. retain the clothing worn during the attack and do not shower) is crucial to a criminal investigation. If a student believes that she/he may be the victim of date rape by being drugged, she/he should go directly to a hospital to receive a toxicology examination since such drugs only remain in a person’s system for a short period of time. In all other circumstances, public safety and police personnel can assist the victim in obtaining medical care. Each college shall be provided with a list of local hospitals, some of which are designated as SAFE (Sexual Assault Forensic Examiner) hospitals that are specially equipped to handle sexual assaults and are trained to gather minute evidence from such assaults. Rape crisis advocates at emergency rooms are also trained to handle domestic violence. EMS will be directed to bring victims to a SAFE hospital at their request. Medical attention is critical not only to treat internal and external injuries and to combat the possibilities of sexually transmitted infections and/or pregnancy, but also to collect evidence that can be used against the alleged perpetrator. It is also vital to ongoing safety and recovery that victims receive emotional support and professional counseling as soon as possible after the attack.   

• Seek On-Campus Assistance

CUNY encourages student victims to contact the Dean of Student Affairs/Student Development to obtain assistance in accessing medical and counseling services, or to make any necessary changes to the student’s academic program or residential housing situation. Public Safety can assist victims getting to and from campus safely, filing a police report and obtaining an order of protection against the alleged perpetrator. Victims can also file a complaint with the College against an alleged perpetrator who is a student or employee of the University with the Dean of Student Affairs/Student Development and the Public Safety Office.    

• Obtaining an On-Campus Advocate

Student victims of a sexual assault, stalking or domestic or intimate partner violence shall be provided with on-campus support in the form of an advocate from the Women’s/Men’s Center (if there is one on campus) or an appropriately trained counselor to assist them in handling the various aspects of their ordeal, such as: 1) explaining to victims their options of whether or not to report the incident to campus or law enforcement authorities; 2) providing guidance if they require medical attention; 3) providing guidance in obtaining crisis intervention and/or ongoing counseling services (or a referral to obtain the necessary services if such services are not available on campus); and 4) assisting victims throughout the College’s disciplinary process if they choose to file a complaint against another student in connection with the incident.  

• Handling Sexual Assault, Stalking and Domestic and Intimate Partner Violence Complaints On-Campus 

The Colleges shall act promptly in response to information that a student has been sexually assaulted, or has been the victim of domestic or intimate partner violence or stalking by another member of the CUNY community. Upon receipt of a complaint, the College shall undertake an appropriate investigation. If it appears that there is sufficient evidence to warrant disciplinary charges against a student or staff member, such charges shall be brought pursuant to the appropriate University procedures or collective bargaining agreement. If the alleged perpetrator is a student and the matter is brought before a hearing, the victim and alleged perpetrator are entitled to the same opportunities to have others present and to be informed of the outcome of the proceedings. The victim is entitled to a report of the results of the proceeding at her/his request. If a student is found guilty of committing a sexual assault or other act of violence against another CUNY student or employee after a disciplinary hearing, the penalties may include suspension, expulsion from residence halls, or permanent dismissal from CUNY.  

In addition, if during the course of the investigation and/or disciplinary process the alleged perpetrator, or anyone on his/her behalf, seeks to contact the victim so as to harass, intimidate, threaten or coerce the victim in any way, the college reserves the right to bring additional disciplinary action against the actor. Such conduct by any member of the CUNY community will not be tolerated.   

• Confidentiality

The university recognizes that confidentiality is particularly important to victims of sex crimes, domestic and intimate partner violence and stalking. If the victim seeks counseling with a licensed professional and/or works with an advocate from the campus, those communications will be confidential. CUNY encourages victims in all circumstances to seek counseling in order to speak about her/his options and to begin the recovery period.

While complete confidentiality cannot be guaranteed, every effort will be made to maintain confidentiality on a “need to know” basis.   Generally, the wishes of a victim not to report a sexual assault or incident of domestic/intimate partner violence or stalking to the police will prevail, though the college reserves the right to notify the police when it believes that such reporting is necessary for the protection of the college community. Such notification, however, will generally be done without divulging the victim’s identity and for the purpose of providing a campus-wide safety alert. In addition, the College must adhere to legal mandates such as Title IX, medical reporting laws, and the Campus Security Act. For example, CUNY is required to make an annual report documenting the occurrences of violent crimes on campus, including sexual assault. However, this report does not include any information identifying the individuals (including the victims) linked to these crimes.

III.  IMPLEMENTATION OF THE POLICIES AND PROCEDURES CONCERNING SEXUAL ASSAULT AND OTHER FORMS OF VIOLENCE AGAINST STUDENTS

The President and Vice President for Student Affairs/Student Development of each college shall be responsible for implementing this policy in accordance with the most up-to-date information and resources pertaining to sexual assault, stalking and domestic/intimate partner violence education and prevention, and victim assistance. The following steps must be taken to implement this policy:  

 1. Publication: A copy of this policy shall be easily accessible on the CUNY website and on the website administered by each College. A summary shall also be incorporated into every college student handbook. In addition, copies of the policy and procedures shall be made available in student centers, residence halls, student affairs/student development offices, women’s/men’s centers, counseling centers, health clinics and public safety departments, and shall be distributed to all new students during orientations.  

 2. Prevention/Risk Reduction Education: Each college shall develop materials and programs to educate its students, faculty and staff on the nature, dynamics, common circumstances and effects of sexual assault, domestic/intimate partner violence and stalking, and the means to reduce their occurrence and prevent them. Prevention education should provide up-to-date and relevant information, such as education pertaining to bystander intervention, the importance of peer networks and the significance of fostering a community of responsibility.  

Prevention education materials and programs shall be incorporated into campus orientation activities for all incoming undergraduate and graduate students (including transfers), and shall be made available to all student activity groups, clubs and athletic teams. In addition, all residence halls shall have a mandatory orientation on sexual assault, stalking and domestic/intimate partner violence prevention. Colleges are encouraged to assist in the organization of peer education groups and to provide resources to such groups so that the groups can provide training and outreach to other students throughout the academic year. Since the abuse of alcohol is frequently involved in occurrences of sexual assault and other forms of violence, it is important that the education program include education about the deleterious effects of alcohol abuse.  

3. Professional Training: Each college shall provide periodic training relating to the prevention and handling of sexual assaults, stalking and domestic/intimate partner violence for all relevant personnel, including public safety officers, counselors, student affairs staff and residence hall assistants by experts trained in the field. Education and training shall also be made available to any interested faculty and staff member. Each campus must have at least one qualified staff or faculty member serve as a designated liaison and trainer.      

4. Oversight by CUNY Central Administration: The University Vice Chancellor for Student Affairs shall monitor compliance with this policy at all of the campuses, shall review the policies and procedures on an annual basis, and shall make recommendations in the event that updates to prevention and education information are necessitated. In addition, the Office of the Vice Chancellor for Student Affairs shall provide educational materials that may be needed to ensure full implementation of this policy on every campus. Liaisons will be identified from each campus who will receive standardized training in order to fulfill their responsibilities on their campuses. The policies, procedures and outreach materials and programs will be subject to a periodic process of assessment in order to maintain efficacy.

   Sexual Assault And Other Crimes Of Violence: Definitions and Background Information

Sexual assault is a crime. Under Article 130 of the New York State Penal Law, it is a sex offense to engage in sexual contact or to engage in sexual intercourse, sodomy or sexual abuse by contact without the consent of the victim or where the victim is incapable of giving consent. Criminal sex offenses are classified in degree according to the seriousness of sexual activity, the degree of force used, the age of the victim and the physical and mental capacity of the offender and victim. 

Stalking is also a crime. Under Article 120 of the New York State Penal Law, a person is guilty of stalking when he/she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or should know that such conduct is likely to cause fear of material harm to the health, safety or property of the victim. Examples of such conduct are following, telephoning or initiating communication or contact (i.e. via email) with the victim. Dating and domestic violence is controlling, abusive, and aggressive behavior in a romantic relationship, and often involves illegal conduct on the part of the aggressor, including sex offenses, stalking and/or harassment. 

 See Attachment for a list of some of the relevant sex and stalking offenses and their maximum penalties under New York State Law.  

A. Sexual Assault  

Sexual assault is a crime of power, aggression and violence. Terms such as “date rape” and “acquaintance rape” tend to minimize the fact that the act of rape, or any sexual assault, is a serious crime.

There is never an excuse or a reason for a person to rape, assault or even touch another person’s private parts without consent. The impact on survivors of such an attack can cause severe and lasting physical, mental and emotional damage.    

• Who is a perpetrator?   Many people think that sexual assaults are only perpetrated by vicious strangers on dark, deserted streets. In fact, studies indicate that between 80 and 90 percent of all people who have been raped know their perpetrator(s). This is called “date rape” or “acquaintance rape.” “Date rape” is not a legally distinct or lesser category of rape. It refers to a relationship and situational context in which rape occurs on a date. Rape or any sexual offense, whether on a date or not, is the same criminal offense involving the same elements of force, exploited helplessness or underage participation. With sexual assaults where the victim knows the perpetrator, alcohol use is often involved on the part of either the victim or the perpetrator. However, a sexual assault is still a crime regardless of the intoxication of the perpetrator or the victim.  

• Who is a victim?

  Anyone can be a victim, regardless of gender, age, race, sexual orientation, religion, ethnicity, class or national origin. Though women and girls are primary targets of these crimes, men and boys are sexually victimized too, and have been found to suffer the same aftermath as women. Regardless of whether the victim was abusing alcohol and/or underage, she or he is still the victim of the sex offense.   • When is there lack of consent?   Under New York law, lack of consent to a sexual contact may be demonstrated in the following ways: (1) forcible compulsion including the use of physical force or threat (express or implied) which places the person in fear of physical injury to self or another; (2) incapacity to consent on the part of the victim; (3) circumstances in which the victim does not expressly or impliedly acquiesce in the actor’s conduct; or (4) circumstances in which the victim clearly expressed by words or actions that he or she did not consent to engage in such sexual act and a reasonable person would have understood such person’s words or actions as an expression of lack of consent to such conduct.    A person is deemed incapable of giving consent if she/he is (a) under the age of 17, (b) mentally incapacitated (which may include incapacity due to the victim’s ingestion of alcohol or drugs), (c) physically disabled or (d) physically helpless (asleep, unconscious or for any other reason physically unable to communicate unwillingness to act, which may also include incapacity due to the victim’s ingestion of alcohol or drugs).  

 • Who is responsible for a sexual attack? 

In the absence of consent, the attacker is always responsible for having committed the sexual assault regardless of the victim’s appearance, behavior, or conduct on previous occasions. An attacker cannot assume that the way a person dresses or acts is an invitation for sexual advances. A person may welcome some forms of sexual contact and be opposed to others. The more impaired a person is from alcohol or drugs, the less likely she/he can give consent; having sex with someone who is “passed out” or sleeping is rape. And regardless of previous sexual activity, if someone refuses sexual contact, the failure to respect that limit constitutes non-consensual sex.

 • Who can prevent a sexual attack from occurring?  

 Every member of the CUNY community, by recognizing situations where sexual violence occurs, by acknowledging that anyone can be a victim of sexual assault, and by becoming active, positive and responsible community members who look out for other members of the CUNY community.

  B. Stalking

 Stalking generally refers to harassing or threatening behavior that an individual engages in repeatedly, such as following a person, appearing at a person’s home or place of business, making harassing calls, or leaving written messages or objects. Unlike other crimes, which normally consist of a single illegal act, stalking is a series of actions that, when taken individually, may be perfectly legal. For instance, sending a birthday card or flowers or standing across the street from someone’s house is not a crime. When these actions are part of a course of conduct that is intended to instill fear in a victim, however, they may be considered illegal behavior. 

 • Who is a stalker?

 Nearly 90% of stalkers are male, and most stalkers know their victims (60% are current or former intimate partners.) Most stalkers are in their late teens to middle-aged, and stalkers may come from every socio-economic background. Stalkers are motivated by obsession and a desire for control, which stem from either a real or imagined relationship with the victim.   

  • Who is a victim of stalking?      In stalking cases, more than half of the victims are between 18 and 29 years old and 75% of victims are female.  Male victims are stalked by male and female offenders at the same rate, and tend to be stalked by strangers and acquaintances rather than intimates. According to a 2000 study, more than 13% of college women indicated that they have been stalked in one college year.   

• What are the consequences of stalking?   Stalking often causes pervasive, intense fear and can be extremely disruptive for the victim. In addition to presenting a continual threat of physical and/or sexual violence, the stalker can erode the victim’s sense of safety and personal control.  Stalking causes victims to miss work and school. And stalking in dating and domestic violence cases is often related to more severe violence.   

• Is stalking a common occurrence on college campuses?   Research shows that stalking has become a common occurrence on today’s college campuses. Some of the very aspects that make campus life appealing aid the potential stalker. The campus is a closed environment where it is easy to determine a student’s schedule; it is a highly social atmosphere where stalking behavior may be confused with positive, romantic attention at first; student movement through the campus is predictable, and access to academic buildings may be quite easy. One can easily find information about a selected student through the campus directory, including the student’s address, telephone number and email address. As a result of obtaining students’ email addresses, cyber-stalking has become common, which can lead to other forms of stalking and is equally as frightening for victims.  

C. Dating and Domestic Violence

Dating and Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, or injure someone.

Intimate partner includes persons legally married to one another; persons formerly married to one another; persons who have a child in common, regardless of whether such persons are married or have lived together any time; couples who live together or have lived together; or persons who are dating or who have dated in the past, including same sex couples.

Some of the forms of domestic and dating abuse include:

• Physical Abuse: Hitting, slapping, shoving, grabbing, pinching, hair-pulling, biting, etc.        Physical abuse also includes denying a partner medical care or forcing alcohol and/or drug use.

• Sexual Abuse: Coercing or attempting to coerce any sexual contact or behavior without consent. Sexual abuse includes, but is certainly not limited to marital rape, attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner.

• Emotional Abuse: Undermining an individual’s sense of self-worth and/or self-esteem. This may include, but is not limited to, constant criticism, diminishing one’s abilities, name-calling, or damaging one’s relationship with his or her children.

• Economic Abuse: Making or attempting to make an individual financially dependent by maintaining total control over financial resources, withholding one’s access to money, or forbidding one’s attendance at school or employment.

• Psychological Abuse: Causing fear by intimidation; threatening physical harm to self, partner, children, or partner’s family or friends; destruction of pets and property; or forcing isolation from family, friends, or school and/or work.

Dating and Domestic violence can happen to anyone regardless of race, age, religion, or gender, and affects people of all socioeconomic backgrounds and education levels. Domestic violence occurs in both opposite-sex and same-sex relationships and can happen to intimate partners who are married, living together, or dating. Dating and domestic violence can be difficult to identify because violence can occur in cycles that alternate with the perpetrator’s expressed devotion and love for the partner. This is all part of the cycle of manipulation and control. 

Sexual Assault Criminal Sanctions

For a full listing of all sex offenses and the definitions of sex offenses, please refer to:

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

Crime statistics are reported annually by every college pursuant to the Jeanne Clery Act. This information can be obtained from your campus Public Safety Department.  

In addition, “Megan’s Law” protects our communities and universities by mandating that convicted sex offenders register with the State through the Division of Criminal Justice Services. Such information can be obtained from your local police precinct, and from the Division of Criminal Justice Services website: http://www.criminaljustice.state.ny.us/ (for level 3 offenders.) 

EMERGENCY CONTACT NUMBERS

NEW YORK CITY SUPPORT SERVICES

* Indicates a 24-hour number

NYPD

Rape Crisis and Dating/Domestic Violence Services

Rape Crisis Centers (affiliated with hospitals)

District Attorney’s Offices

Programs For Abusers

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