Sexual Assault Resource Center

Definitions of Sexual Violence

University’s Sexual Assault Prevention Statement & Statement of Principles and Rights

The following are all found in the University’s “Rights and Responsibility 2007 - 2010” a handbook for students at: http://www.albany.edu/judicial/ (Appendix J)

Sexual Assault Prevention
The University at Albany has programs in place to inform members of the University community about sexual assault, risk factors and risk reduction measures, and, most especially, to invite all members of the University to be proactive in working to end sexual violence. Among these initiatives are mandatory prevention programs for incoming students during Summer Planning Conference, prevention programs for all students throughout the academic year, targeted outreach to men through Men REACH (Men for Relationship Education and Change), and RAD programs (Rape Aggression Defense) for both women and men. To learn more about these and other prevention activities, visit http://www.albany.edu/counseling_center and http://police.albany.edu.

Disciplinary Action
Where there is reason to believe the University’s regulations prohibiting sexual misconduct have been violated, the University will pursue strong disciplinary action through its own channels. This discipline includes the possibility of suspension or dismissal from the University. An individual charged with a crime related to sexual assault may be subject to University disciplinary procedures, whether or not an individual is prosecuted under the New York State Penal Code. During the disciplinary process, the rights of the accused are as described on page #9 – Conduct of Hearings. The University will make every effort to be responsive and sensitive to victims of these serious crimes. Protection of the victim and prevention of continued trauma is the University’s priority. When the victim and the accused live in the same residence hall, an immediate hearing with the Director of the Office of Conflict Resolution & Civic Responsibility 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 in accord with the University’s Coordinated Response to the Sexual Assault of Students.

Additional information about resources and options to aid in recovery are available at http://www.albany.edu/studentaffairs/sarc/brochure.shtml OR http://www.albany.edu/counseling_center.

Victims of Campus Sexual Assault: University at Albany Statement of Principles and Rights The University at Albany is committed to providing a safe and secure environment in which all of its members are treated with dignity and respect. To that end, the University takes the strongest possible stance against sexual assault in all its forms including sexual violence or the use of coercion, sexual contact absent the free, knowing, and active consent of the involved parties, including but not limited to cases involving impaired judgment and physical helplessness, and intimidation or exploitation of others for sexual purposes. The University is actively engaged in educating its members about these vital issues and in providing timely support and assistance to victims of sexual assault. Should a sexual assault occur, it is imperative that victims be fully supported in their efforts to heal and respond as they determine is in their own best interests. To this end the University will safeguard the victim’s confidentiality, respect the victim’s privacy and support the victim’s right to make choices about resources and options in the University’s “Coordinated Response to the Sexual Assault of Students.” All members and representatives of the University at Albany community, including campus officers, administrators, faculty, professional staff, employees, and students are expected to recognize and abide by the following principles regarding victims of campus-related sexual assaults:

HUMAN DIGNITY
Victims shall:

• Be treated with fairness and respect for their dignity
• Have their privacy honored
• Be free from any suggestions that they must report sexual assaults to be assured recognition of any other identified principles or rights
• Have their allegations of sexual assault treated seriously
• Be free from any suggestion that they are responsible for the sexual assaults committed against them
• Be free from unwanted pressure from campus personnel to:
  • Report sexual assaults if they do not wish to do so;
  • Report sexual assaults as less serious offenses;
  • Refrain from reporting sexual assaults for any reason, including the fear of unwanted personal publicity

RESOURCES ON AND OFF CAMPUS
Victims shall:

• Be notified of existing campus and community-based medical, counseling, mental health and student services for victims of sexual assault whether or not the assault is formally reported to campus or civil authorities;
• Have access to campus counseling;
• Be informed of and assisted in exercising:
  • Any rights to confidential or anonymous testing for sexually transmitted infections, HIV, and pregnancy
  • Any rights to preventive measures such as emergency contraception or HIV prophylaxis
  • Any rights that may be provided by law to obtain the communicable diseases test results of sexual assault suspects
• Be informed of the possible availability of crime victim assistance compensation through the New York State Crime Victims Board

CONFLICT RESOLUTION & CIVIC RESPONSIBILITY PROCEEDINGS
Victims have the right:

• To advance notice about a disciplinary hearing involving the person or persons accused of sexually assaulting them;
• To have a person of their choice accompany them throughout the disciplinary hearing;
• To remain present during the entire proceeding;
• To be heard at the proceeding;
• To be assured that their irrelevant past sexual history will not be discussed during the hearing;
• To make a “victim impact statement” if the accused is found in violation of the code;
• To be informed in a timely fashion of the outcome of the hearing

LAW ENFORCEMENT AND CAMPUS INTERVENTION

• Allegations of sexual assault should be investigated and evaluated by the appropriate criminal and civil authorities of the jurisdiction in which the sexual assault is reported;
• Victims shall receive full and prompt cooperation and assistance of campus personnel in notifying the proper authorities;
• Victims shall receive full, prompt, and victim-sensitive cooperation of campus personnel with regard to obtaining, securing and maintaining evidence, including a medical examination when it is necessary to preserve evidence of the assault;
• Campus personnel shall take reasonable and necessary actions to prevent further unwanted contact by victims’ alleged assailants;
• Victims shall be notified of the options for and provided assistance in changing academic and living situations if such changes are reasonably available.

STATUTORY MANDATES

• Nothing in this Statement of Principles and Rights shall be construed to preclude or in any way restrict the University at Albany from carrying out its duties under law to report suspected offenses to the appropriate law enforcement authorities. Except as required by law, the University will take care not to identify the victim.
• Nothing in this Statement of Principles and Rights shall be construed to preclude or in any way restrict the University at Albany from issuing a Community Notice when the University is aware of a reported sexual assault incident that potentially puts the campus community at risk. The University will take care not to identify the victim in such notices.

The above is adapted from: Rutgers (c 2006), Princeton (c 2006) & Ball State Universities’ Rights Statements