Victim Advocacy and Violence Prevention

Under the Office on Violence Against Women Campus Grant Program, Utica University is responding to dating violence, domestic violence, sexual assault, and stalking (DVSAS) through systemic and sustainable changes. These changes are made at the macro level via policies and procedures relating to DVSAS and at the micro level through relevant training and programming. The initiatives from this office are spearheaded by the Director of Victim Advocacy and Violence Prevention Initiatives, but come to fruition through collaborative efforts with various campus partners.

Victim Advocacy Resources

Dating/Domestic Violence Resource Card

Sexual Assault Resource Card

Stalking Resource Card

Affirmative Consent

In order for individuals to engage in sexual activity of any type with each other, there must be clear affirmative consent. Whenever the term consent is used in this policy, it should be understood to mean affirmative consent as defined here.

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 sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent.

The definition of affirmative consent does not vary based on a participant’s sex, sexual orientation, gender identity, or gender expression. Under this policy, “No” always means “No.” At the same time, silence, or the absence of an explicit “no”, cannot be assumed to indicate consent.

Consent to some form of sexual activity between or with any party cannot be automatically taken as consent to any other sexual activity.
Past consent to sexual activity cannot be presumed to be consent to engage in the same sexual activity in the future.
Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
Consent can be withdrawn at any time by expressing in words or actions that the individual no longer wants the sexual activity to continue and, if that happens, the other person must stop immediately.
Affirmative consent cannot be obtained by use of force, compelling threats, intimidating behavior, or coercion. Consent cannot be given when a person is incapacitated, as defined below. 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.

Incapacitation

Incapacitation occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness, mental disability, being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. In order to give affirmative consent, one must be of legal age, which is 17 in the state of New York. Use of alcohol or other drugs does not, in and of itself, negate a person’s ability to give affirmative consent. However, depending on the degree of intoxication, someone who is under the influence of alcohol or drugs or other intoxicants may be incapacitated and therefore unable to consent.

A person who has been drinking or using drugs is still responsible for ensuring that the other person provides affirmative consent to engage in sexual activity. An individual’s incapacity may also be caused by consuming “daterape” drugs. Possession, use, and/or distribution of any of these substances (including Rohypnol, Ketomine, GHB, Burundanga, and others) is prohibited, and administering any of these drugs to another person for purpose of inducing one to consent to sexual activity is a violation of Utica College's Sexual Misconduct Policy.

All members of the Utica University community have a number of resources available to discuss sex-based harassment or sexual misconduct concerns or questions. Individuals who have experienced sex-based harassment or sexual misconduct are encouraged to seek support for their physical and emotional needs.

A student seeking confidential emotional or medical care may contact the following:

Utica University Student Health and Wellness Center
204 Strebel Student Center
(315) 792-3094

Bethany VanBenschoten*
*Note – this confidential source is responsible for reporting non-identifiable statistics as required by the Clery Act
calendly.com/bavanben
(315) 792-5294
bavenben@utica.edu

Oneida County's YWCA Domestic and Sexual Violence Services*
*Note – this confidential source is responsible for reporting non-identifiable statistics as required by the Clery Act
Campus Advocate (Office Hours on Campus): (315) 732-2159 ext. 312
24-Hour Hotline: (315) 797-7740

The health and counseling services noted above are available to Utica University students free of charge.

These resources afford students the opportunity to discuss a concern or situation and the available options. These resources also offer the opportunity to gain information about the University’s formal complaint procedures. Reports made to these resources will not be reported to other University officials in any personally identifiable manner (reports made to some of these individuals may result in a report to University officials that an incident occurred, but will not result in the reporting of any personally identifiable information), and, as a result, any individual making a report solely to such confidential resources should not expect action to be taken by the University against any alleged perpetrator. Similarly, if a victim discloses actions constituting a violation of a DVSAS policy through public awareness events, such as “Take Back the Night” or another event or forum, Utica University is not obligated to begin an investigation. Utica University may, however, use the information to inform the need for additional education and prevention efforts.

Confidential reports of any form of sexual misconduct can also be made to off-campus resources, including:

Oneida County’s YWCA Domestic and Sexual Violence Services*
*Note – this confidential source is responsible for reporting non-identifiable statistics as required by the Clery Act
(315) 797-7740

Suicide/Crisis Services
24 Hour Hotline
(315) 732-6228

NYS Office of Victim Services
Hotline
1-800-247-8035

National Domestic Violence Hotline
1-800-799-7233 (or if you are unable to speak safely, log onto thehotline.org or text LOVIES to 1-866-331-9474)

RAINN Hotline (National Sexual Assault Hotline)
1-800-656-HOPE (or 1-800-656-4673)

Crisis Services for our Liverpool, NY site:

Vera House
723 James St.
Syracuse, NY 13203
Phone: (315) 425-0818
24-Hour Hotline: (315) 468-3260
Sexual Assault Nurse Examination (SANE) services are provided to all area emergency rooms through Vera House.

Crisis Services for our Latham, NY site:

New York State Coalition Against Sexual Assault
30 N. Greenbush Rd. Suite 3
Troy, NY 12180
Phone: (518) 482-4222

Crisis Services for our St. Petersburg, FL site:

Suncoast Center, Inc.
PO Box 10970
St. Petersburg, FL 33733
Phone (appointments): (727) 388-1220
Hotline: (727) 530-7273

In addition to the resources listed above, Utica University shares a Memorandum of Understanding (MOU) with Mohawk Valley Health System, located in Utica, NY. This MOU ensures that any member of the University community who is a victim of sexual assault will have access to a sexual assault examination by a sexual assault nurse examiner or through a physician referral to a sexual assault nurse examiner.

When an individual shares information with a confidential resource (on or off campus) as a confidential communication in the course of a protected relationship, the confidential resource cannot disclose the information (including information about whether an individual has received services) to any third party without the individual's written permission or unless permitted or required consistent with ethical or legal obligations. Accordingly, a report to a confidential resource is not a report to the University and will not result in an investigation or disciplinary action.

Any person having a complaint of sex-based harassment or sexual misconduct is encouraged to make a report. Reports can either be made directly to a Title IX Coordinator/Title IX Deputy Coordinator or to any university employee who is a mandatory reporter.

All University personnel are considered non-confidential mandatory reporters with the exception of specifically identified confidential employees (i.e., Health & Wellness Center personnel and Campus Advocates).

When non-confidenital personnel observe or learn about conduct potentially constituting sex discrimination (including sex-based harassment) or other forms of sexual misconduct, they must respond as follows:

Custodial, Facilities, Bookstore and Dining Services personnel, other than those in administrative leadership positions, must either (a) report such information to the Title IX Coordinator, or (b) provide to any person who discloses information about such conduct the Title IX Coordinator’s contact information and information about how to make a complaint.

All other University personnel must report such information to the Title IX Coordinator. If you are unsure of an individual’s reporting obligations, please ask before disclosing any information you wish to remain confidential.

Even University offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution. Non-personally identifiable information may also be provided to the Vice President for Emergency Management to report statistical information about Clery reportable crimes.

To make a direct report to a Title IX Coordinator or Deputy Coordinator, please contact the following:

Title IX Coordinator

Nina Gray, Human Resources Generalist
Phone Number: (315) 792-3012
Email Address: nngray@utica.edu
Office Location: 124 Addison Miller White Hall

Deputy Title IX Coordinators

Dave Fontaine, Director of Athletics and Physical Education
(315) 792-3050
dsfontai@utica.edu
Clark Athletic Center

Marissa Hall, Executive Director of Student Living
(315) 792-3285
mmhall1@utica.edu
206 Ralph F. Strebel Student Center

Lauryn Moore, Associate Dean of Students & Campus Engagement
(315) 223-2598
lamoore@utica.edu
206 Ralph F. Strebel Student Center

Emergency access to the Title IX Coordinator is made available through contact with the Office of Campus Safety.

Violence Prevention Initiatives

Utica University utilizes a range of campaigns, strategies and initiatives to provide awareness, educational, risk reduction and prevention programming. In its efforts to reduce the risk of sexual misconduct as well as the crimes of rape, sexual assault, sexual harassment, stalking, dating violence and domestic violence occurring among its students.

It is the policy of Utica University to offer programming to prevent domestic violence, dating violence, sexual assault (including stranger and known offender assaults) and stalking each year. Educational programs are offered to raise awareness for all incoming students and employees and are often conducted during new student and new employee orientation and throughout an incoming student’s first semester. These programs and others offered throughout the year include strong messages regarding not just awareness, but also primary prevention (including normative messaging, environmental management and bystander intervention), and discuss institutional policies on sexual misconduct as well as New York State’s definitions of domestic violence, dating violence, sexual assault, stalking and consent in reference to sexual activity. Bystander engagement is encouraged through safe and positive intervention techniques and by empowering third-party intervention and prevention such as calling for help, using intervention based apps, identifying allies and/or creating distractions.

Programs also offer information on risk reduction that strives to empower victims,how to recognize warning signals and how to avoid potential attacks and do so without victim-blaming approaches. Throughout the year, ongoing awareness and prevention campaigns are directed to students and employees, including faculty, often taking the form of pledge campaigns, guest speakers, movie nights and discussions, forums, use of online educational courses and programs, and participation in university and local community events.

What is Green Dot?

Traditional prevention programs may only approach men as potential perpetrators and women as potential victims. Green Dot approaches all students, staff, administrators, and faculty as allies. The original Green Dot program was conceived in the college setting to prevent dating violence, sexual violence, and stalking. It relies on the premise that if everyone does their small part and commits to individual responsibility, the combined effect is a safe campus culture that is intolerant of violence.

The college-based curriculum draws heavily on the experiences of college students and the reality of this issue in their lives. This curriculum uses interactive activities to reinforce core concepts and encourages students to envision their future and the world in which they want to live, then aligns their bystander behavior with that vision.

Learn more about Green Dot at Utica University:

Green Dot Curriculum

As part of our comprehensive prevention program for new students, Utica University partners with United Educators to offer an online training module which provides information about: sexual violence, relationship violence, and stalking, alternatives for intervening in situations you see happening and supporting friends and other members of our community, and resources both on and off campus. This engaging and interactive online course empowers students to make well-informed decisions about issues that affect their college years and beyond.

Coordinated Community Response Team (CCRT)

The CCRT is a group of campus and community partners who meet monthly to address and respond to matters related to DVSAS, such as training, education, and programming.

To nominate or self-nominate a student, faculty, staff, or administrator to be part of the CCRT, email Mathew Vincent at mjvincen@utica.edu.