Alliance for Sexual Assault Prevention

Affirmative consent is a knowing, voluntary, and mutual decision among 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.

• Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
• Consent may be initially given but withdrawn at any time.
• 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 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.
• When consent is withdrawn or can no longer be given, sexual activity must stop.

Consent can be established if the following four conditions are present (Berkowitz, 2002):

1. Both participants are fully conscious;
2. Both participants are equally free to act;
3. Both parties have clearly communicated their willingness/permission; and
4. Both parties are positive and sincere in their desires.

Reporting individuals are advised of their right to:

Notify university police or campus security, local law enforcement, and/or state police;

• Receive assistance from appropriate institution representatives in initiating legal proceedings in family court or civil court;
• File a report of sexual assault, domestic violence, dating violence, and/or stalking and the right to consult the Title IX Coordinator and other appropriate institution representatives for information and assistance. Reports shall be investigated in accordance with institution policy and a reporting individual’s identity shall remain private at all times if said reporting individual wishes to maintain privacy;
• Disclose confidentially the incident and obtain services from the state or local government;
• Have emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a reporting individual to provide information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible, and detailing that the criminal justice process utilizes different standards of proof and evidence and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney. Such official shall also explain whether he or she is authorized to offer the reporting individual confidentiality or privacy, and shall inform the reporting individual of other reporting options;
• Disclose confidentially the incident to institution representatives, who may offer confidentiality pursuant to applicable laws and can assist in obtaining services for reporting individuals;
• Disclose the incident to institution representatives who can offer privacy or confidentiality, as appropriate, and can assist in obtaining resources for reporting individuals;
• Disclose, if the accused is an employee of the institution, the incident to the institution’s human resources authority or the right to request that a confidential or private employee assist in reporting to the appropriate human resources authority;
• Withdraw a complaint or involvement from the institution process at any time.

Every institution shall ensure that, at a minimum, at the first instance of disclosure by a reporting individual to an institution representative, the following information shall be presented to the reporting individual: “You have the right to make a report to university police or 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.”

Every institution shall ensure that reporting individuals have information about resources, including intervention, mental health counseling, and medical services, which shall include information on whether such resources are available at no cost or for a fee. Every institution shall also provide information on sexually transmitted infections, sexual assault forensic examinations, and resources available through the

New York state office of victim services, established pursuant to section six hundred twenty-two of the executive law.

Individuals reporting sexual violence and individuals accused of or responding to allegations of sexual violence are afforded the following protections and accommodations:

• When the accused is not a student but is a member of the College’s community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements, employee handbooks, and rules and policies of the College;
• To receive assistance from campus security in effecting an arrest when an individual violates an order of protection or, if campus security does not possess arresting powers, then to call on and assist local law enforcement in effecting an arrest for violating such an order, provided that nothing in this article shall limit current law enforcement jurisdiction and procedures.
• To be assisted by the College’s security office in obtaining an order of protection or, if outside of New York state, an equivalent protective or restraining order;
• When the accused or respondent is a student, to have the College issue a “no contact order” consistent with College’s policies and procedures, whereby continued intentional contact with the protected person would be a violation of College policy resulting in additional conduct charges. If the accused and a protected individual observe each other in a public place, it shall be the responsibility of the accused to leave the area immediately and without directly contacting the protected person. Both the accused and the protected person may request a prompt review of the need for and terms of a No Contact Order, consistent with College policies and procedures, including potential modification. Parties may submit evidence in support of their request. The College may establish an appropriate schedule for the accused to access applicable institution buildings and property at a time when such buildings and property are not being accessed by the protected person.
• To receive a copy of the order of protection or equivalent when received by the College and have an opportunity to meet or speak with an College official 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).
• To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension;
• When the accused is a student and presents a continuing threat to the health and safety of the community, to subject the accused to interim suspension pending the outcome of a conduct process. Parties may request a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension, including potential modification, in accordance with procedures set forth in Student Responsibility and Social Conduct, and shall be allowed to submit evidence in support of their request;
• To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation or other applicable arrangements in order to help ensure safety, prevent retaliation and avoid an ongoing hostile environment, consistent with the College’s policies and procedures. Parties may request and consistent with the institution’s policies and procedures, be afforded a prompt review of the need for and terms of any interim measure and accommodation that directly affects them, and shall be allowed to submit evidence in support of their request.

The College of Saint Rose is committed to creating and maintaining a safe environment for all of its students and employees that recognizes the dignity and worth of each person.  All forms of sexual misconduct offenses and other non-consensual sexual contact by members of the Saint Rose community will not be tolerated by the College and represents a violation of College policy, and law. Violation of the College’s policy on Sexual Harassment and Misconduct will result in the responsive action, as prescribed under Title IX including investigation of what occurred; action to stop the prohibited conduct; remedial support for the victim of the conduct and, as necessary, for the broader community; and action to reasonably prevent the re-occurrence of the behavior.

All students have the right to:

• Be accompanied by an 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;
• 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;
• 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;
• Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
• Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
• Make a report to local law enforcement and/or state police;
• 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;
• Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
• Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
• Access to at least one level of appeal of a determination;
• Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.