COORDINATED RESPONSE TO THE SEXUAL ASSAULT OF STUDENTS

Purpose

The University at Albany is committed to the maintenance of an educational environment which is supportive of its primary educational mission and free from all exploitation and intimidation. The University will not tolerate sexual assault, including rape and any other form of nonconsensual sexual activity.

It is essential that students who are sexually assaulted receive medical treatment and support as soon as possible. This document outlines the procedures that will allow members of the University community to be effective at introducing victims of assault to medical, psychological, and legal resources.

Definitions

As presented in the University at Albany Community Rights and Responsibilities sexual offenses as defined in Article 130 of the New York State Penal Law are subject to criminal prosecution. The University prohibits the following behaviors:

1. Sexual Assault I: By a stranger or an acquaintance, sexual intercourse, sodomy, or any sexual penetration, however slight, of another person's oral, anal or genital opening with any object where the victim clearly expressed (by verbal and/or nonverbal means) that she or he did not consent to the act. It should be established that a reasonable person in the accused’s situation would have understood the victim’s words and acts as an expression of lack of consent. Where the victim did not directly express lack of consent, but the accused used force, threat, intimidation, or the victim’s mental or physical helplessness, the charge of Sexual Assault I also applies. Mental or physical helplessness would include, but not be limited to, the inability to consent due to excessive alcohol or drug use or consumption.
2. Sexual Assault II: By a stranger or acquaintance, touching an unwilling person's intimate parts (defined as genitalia, groin, breast, or buttocks, or clothing covering them) or forcing an unwilling person to touch another's intimate parts. The accused is guilty of such acts where it can be established that (1) the victim clearly expressed (by verbal and/or nonverbal means) that she or he did not consent to the act AND (2) a reasonable person in the accused’s position would have understood the victim’s words or acts as an expression of a lack of consent. Where the victim did not directly express lack of consent, but the accused used force, threat, intimidation or the victim's mental or physical helplessness, the charge of Sexual Assault II also applies. Mental or physical helplessness would include, but not be limited to, the inability to consent due to excessive alcohol or drug use or consumption.

Incidents which do not constitute sexual assault might nonetheless be considered sexual harassment or threatening and abusive behavior, and as such violate Community Rights and Responsibilities. Students who require assistance with such complaints should be referred to the Director of Conflict Resolution and Civic Responsibility if the assailant is a student, and the Office of Diversity and Affirmative Action in all other situations.