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SUNY Potsdam, SUNY Canton students under new sex rules

Posted 10/3/14

Citing an “epidemic” of sexual violence on college campuses and just two weeks after an alleged forcible rape at SUNY Potsdam, the State University of New York is about to put in place a set of …

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SUNY Potsdam, SUNY Canton students under new sex rules

Posted

Citing an “epidemic” of sexual violence on college campuses and just two weeks after an alleged forcible rape at SUNY Potsdam, the State University of New York is about to put in place a set of practices to combat sexual assaults on SUNY campuses.

The rules include a rule requiring clear consent before students could have sex.

Gov. Andrew Cuomo, attending yesterday’s SUNY Board of Trustees meeting in Albany, urged the board to pass a resolution to establish a set of policies that will be adopted by every SUNY campus regarding sexual assault prevention and response. The board agreed.

The measure would formalize a set of policies on a uniform, system-wide definition of consent that is required between participants before engaging in sexual activity; an immunity policy to protect students coming forward to report sexual assault; a statewide training program for campus police and administrators regarding how to address sexual assault incidents; a public campaign to increase awareness among students and parents; and a Sexual Assault Victims' Bill of Rights that will, in clear and specific language, inform a student of his or her rights following an attack including the option of approaching state police.

The governor said he will work with the Legislature on the same standards for all of New York's private colleges.

"There has been an epidemic of sexual violence in this country that is truly disturbing and it is plaguing our college campuses," Cuomo said. "It is time for New York to take what is a difficult, uncomfortable topic and lead the way, and that is exactly what this resolution passed by the SUNY Board of Trustees today will do. This is not just a SUNY problem, but SUNY can lead and SUNY can reform on campus safety so we can better protect our students, and make our university communities a safer place for our children."

According to the announcement from the governor’s office, the SUNY resolution includes:

• Uniform Definition of Consent: All SUNY campuses will adopt a system-wide definition of affirmative consent as a clear, unambiguous, and voluntary agreement between the participants to engage in specific sexual activity. The uniform definition is as follows: "Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts."

• Uniform Amnesty Policy to Encourage Reporting: SUNY campuses will grant immunity for drug, alcohol, and other student code of conduct violations for students reporting incidents of sexual assault or other sexual violence.

• Comprehensive Statewide Training for Campus Police and College Administrators: SUNY, working with the State, will conduct statewide coordinated training with all SUNY campuses, including training by SUNY Police and State Police for campus security on best practices for campus security plans and victim sensitivity, as well as training by SUNY attorneys for college administrators and adjudicators on preventing and addressing sexual violence and how to improve compliance with existing federal laws. All SUNY campuses will also institute uniform training for students at all freshman orientations.

• Statewide Public Awareness Campaign: SUNY will undertake a statewide public awareness campaign, coordinated with the State, to increase awareness among college students, high school students, and parents of individual safety and prevention techniques as well as the importance of bystander intervention in any unsafe situation.

• Sexual Assault Victims’ Bill of Rights: All SUNY campuses will adopt and widely publicize a uniform Sexual Assault Victims’ Bill of Rights that will specifically inform victims of sexual assault of their right to report sexual assault to local, campus or State law enforcement. The Bill of Rights will also inform students how to access campus-specific victim resources including how to obtain a restraining/no contact order and how to obtain counseling, health, legal and support services.

• Uniform Confidentiality and Reporting Protocol for All SUNY Campuses: To ensure all colleges are following best practices and the same set of standards and protocols are in place on each campus, all SUNY campuses will adopt a uniform system-wide Confidentiality and Reporting Protocol. The uniform Confidentiality and Reporting Protocol will encourage the prompt and accurate reporting of acts of sexual assault, help the campus community to quickly respond to allegations of sexual assault, and ensure that students have timely and accurate information about available confidential resources

• Uniform Campus Climate Assessments: All SUNY campuses will conduct campus climate assessments in order to gauge the prevalence of sexual assault on campus, test students’ attitudes and awareness of the issue, and provide colleges/universities with information to help them form solutions for addressing and preventing sexual assault on and off campus.