Office of Human Resources



Non-Consensual Sexual Activity Policy


Legacy Policy



STATEMENT OF PURPOSE:

Utica College affirms the principal that its students, faculty, staff and guests have a right to work, study, and enjoy the society of the College community without being subjected to sexual assault, including rape. Utica College is committed to the maintenance of an environment that is supportive of its primary educational mission and free from exploitation and intimidation. The College will not tolerate rape, sexual assault, or other forms of non-consensual activity.

This policy also reflects the College's commitment to educate, counsel and train all of the members of the College community about the nature of sexual harassment and sexual assault, the impact these acts would have on individuals and the College community as a whole, and the steps necessary to combat these actions. The sexual assault prevention information provided to employees shall set forth the applicable laws, ordinances and regulations on sex offenses and the penalties for commission of said sex offenses.

SCOPE:

This policy applies to all members of the Utica College community including visitors to the campus and employees of vendors and contractors. Utica College supports this policy for students, faculty and staff through its educational prevention programs and its counseling services through our Employee Assistance program. In an effort to prevent incidents of non-consensual sexual activity, the College provides information during new employee orientation and throughout the year on issues related to this topic.

POLICY:

Utica College is committed to the maintenance of an environment that is supportive of its primary educational mission and free from exploitation and intimations. The College will not tolerate rape, sexual assault or other forms of non-consensual sexual activity.

DEFINITION OF SEX OFFENSES AND PENALTIES:

Utica College defines sexual assault as any sexual contact without mutual consent. Violations of this policy shall include, but not be limited to, any form of non-consensual sexual intercourse or sexual touching, committed by physical force, coercion, threat, or intimidation, actual or implied, by a person(s) known or unknown to the victim. Non-consensual sexual activity shall include, but not be limited to, situations where the victim is unable to consent because he or she is physically helpless, is mentally incapacitated due to drug or alcohol consumption or is unconscious, regardless of whether or not the consumption was with victim's consent. Also included in this policy is any actual or attempted non-consensual sexual activity by a person(s) known or unknown to the victim, including, but not limited to sexual intercourse or sexual touching committed without physical force, coercion, threat, or intimidation, exhibitionism, or sexual threats. Rape, a form of sexual assault, is defined as any form of non-consensual sexual intercourse committed by coercion, intimidation, threat, or physical force, either actual or implied. Acquaintance rape or date rape is defined as rape committed against an acquaintance, date or friend under the conditions described above. Sexual assault is an act of violence prohibited, in separate ways, by New York State law and Utica College policy. Thus, offenders may be prosecuted under New York State criminal statutes and subject to disciplinary action through College channels. The College may choose to pursue disciplinary action while criminal action is pending, or even if criminal justice authorities choose not to prosecute.

PROCEDURE:

Individuals who have been assaulted as defined above have recourse through the formal and informal grievance procedures at the College established by this policy. Complaints will be investigated in a prompt manner. All allegations of sex offenses made against an employee or faculty member shall be enforced through the Office of Human Resources. Any employee, faculty or staff member found to have violated the non-consensual activity policy shall be subject to disciplinary action set forth in the grievance procedure or in the contract between Utica College and the AAUP including but not limited to, immediate suspension or dismissal. All such penalties set forth above shall be in addition to any penalty pursuant to the New York State Penal Law Article 130 or any other law to which a violator or organization may be subject. Violations of this policy are prohibited. Any member of the College community who violates this policy will be subject to action on the part of the College, which may range from informal problem resolution processes to formal grievance/disciplinary procedures, up to and including discharge. This policy applies to complaints regarding alleged sexual assault, including rape, that have taken place either on the Utica College campus or at a College-sponsored event that has taken place off campus.

INVESTIGATION:

The Office of Campus Safety, in conjunction with the Office of Human Resources, shall investigate all complaints and allegations of violations of applicable laws, ordinances and regulations of sexual assaults made by any student, employee, invitee, or visitor to the campus or to Utica College property and provide support for said external prosecution of the alleged offenders in the appropriate external judicial forums as permitted by and subject to the mandates of applicable federal, state, and local laws, including, but not limited to, the Family Educational Rights and Privacy Act (“FERPA”).

RESPONSIBILITY:

It is the responsibility of the employee or student to notify the Director of Campus Safety or the Director of Human Resources. Once notified, it is the responsibility of the College to work with the complainant to take appropriate action on the alleged violation. The College will make every effort to assist victims of non-consensual sexual activity.

ENFORCEMENT:

Enforcement of Utica College policies is the responsibility of the office or offices listed in the “Resources/Questions” section of each policy. The responsible office will contact the appropriate authority regarding faculty or staff members, students, vendors, or visitors who violate policies.

Utica College acknowledges that College policies may not anticipate every possible issue that may arise. The College therefore reserves the right to make reasonable and relevant decisions regarding the enforcement of this policy. All such decisions must be approved by an officer of the College (i.e. president, vice president for academic affairs, or vice president for financial affairs).

RESOURCES/QUESTIONS:

For any questions or additional information, please refer to the following resources:
Please note that other Utica College policies may apply or be related to this policy. To search for related policies, use the Keyword Search function of the online policy manual.



Effective Date:
09/06/2005