Sexual Assault, Dating Partner Violence, Domestic Violence and Stalking Prevention

Section 130.40/.45/.50 - Criminal Sexual Act

This series of offenses includes oral or anal sexual conduct* with a person incapable of consent* because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes oral or anal sexual conduct with a person under the age of consent*. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

Section 130.52 - Forcible Touching

This offense involves the forcible touching of the sexual or other intimate parts of another person for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor’s sexual desire. Forcible touching includes the squeezing, grabbing, or pinching of such other person’s sexual or other intimate parts. The penalty for violation of this section includes imprisonment for a period of up to one year in jail.

Section 130.55/.60/.65 - Sexual Abuse

This series of offenses includes sexual contact with a person by forcible compulsion, or with a person who is incapable of consent* due to physical helplessness, or due to the person being under the age of consent*. The penalties for violation of these sections range from imprisonment for a period not to exceed three months up to imprisonment for a period not to exceed seven years.

Section 130.65-a/.66/.67/.70 - Aggravated Sexual Abuse

This series of offenses occurs when a person inserts a finger or a foreign object in the vagina, urethra, penis or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being physically helpless, or when the other person is under the age of consent. The level of this offense is enhanced if the insertion of a finger or foreign object causes injury to the other person. The penalties for violation of these sections range from imprisonment for a period not to exceed seven years up to imprisonment for a period not to exceed 25 years.

In addition to imprisonment and other authorized dispositions, persons convicted of the above crimes may be required to register with the New York State Sex Offender Registry.

Domestic or Dating Violence is any abuse (physical, emotional, verbal, or sexual) that is committed against another person who is, or was, a member of the same family or household with the abuser. Members of the “same family or household” include persons currently or formerly related by birth, adoption or marriage, persons who have had a child together and persons involved in an intimate relationship (whether or not a sexual relationship and whether or not they lived together).

Dating Violence is any violent crime committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  The existence of the relationship shall be determined based on victim’s statement with consideration of the length or the relationship, the type of relationship, and the frequency of the relationship.

Sections of the New York State Penal Law that relate to domestic or dating violence include the above sections related to sexual crimes and stalking, as well as, but not limited to, sections related to

• Disorderly Conduct
• Harassment
• Menacing
• Reckless Endangerment
• Criminal Obstruction of Breathing or Blood Circulation
• Strangulation
• Assault
• Any other offense that constitutes a crime against the person

*Consent in any of the above acts is defined as Affirmative Consent or a clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity.

IF ANY COURT HAS ISSUED YOU AN ORDER OF PROTECTION AGAINST ANY PERSON, PROVIDE A COPY TO THE OFFICE OF PUBLIC SAFETY/CAMPUS POLICE (ROOM 118). LET THEM HELP YOU REMAIN SAFE ON CAMPUS.

If you are a victim of one of these crimes

Get to a safe place as soon as you can; try to preserve all physical evidence; do not bathe, change your clothes or otherwise alter your physical appearance; contact Office of Campus Police immediately by calling 911 or Ext. 6511 from any campus phone or 844.6511 from any phone. Remember, assaults – sexual or otherwise – are crimes. They are not the victim’s fault.

Students have the right to pursue adjudication of crimes occurring on the Tompkins Cortland campus through criminal courts and/or through the college’s internal disciplinary process (under the Student Code of Conduct). Tompkins Cortland police officers and security officers and counselors in the Office of Mental Health are trained to assist with prosecution in both systems.

Anonymous Reporting is available Online

Disciplinary Action

Where there is probable cause to believe the College’s regulations prohibiting sexual assault, domestic partner/dating violence or stalking have been violated, the College will pursue strong disciplinary action through its own channels, whether or not prosecution under New York state criminal statutes is pending. This discipline includes the possibility of suspension or dismissal from the College.

Student Protections

The College will make every effort to be responsive and sensitive to the reporters of these serious crimes. Protection of the a student and prevention of continued trauma is the college’s priority. Assistance for any other personal or academic concerns will be reviewed and options provided.

When the accuser and the respondent both live in campus housing, an immediate hearing with the Director of Student Conduct and Community Standards will be held to determine the need for modifying the living arrangements.

Students Rights

All students have the right to:

• Make a report to local law enforcement and/or state police;
• Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
• Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and./or criminal justice process free from pressure from the institution ;
• Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
• Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
• Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
• Describe the incident to as few institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident.
• Be free from retaliation by the institution, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
• Access to at least one level of appeal of a determination;
• Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process;
• Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.

Information and Support

If you are the victim of sexual assault, domestic/intimate partner violence or stalking, you may seek support services as well as the assistance described above from the Counseling Center, Room 122, 607.844.6577 and from community resources available by calling the Advocacy Center crisis hotline at 607.277.5000.

Educational Programs

Educational programs to promote awareness of and prevention of rape, acquaintance rape, and sex offenses are presented to the campus community at orientation and throughout the year by the Office of Mental Health and the Office of Residence Life.

Right of Appeal

The student in violation (or the reporting individual in a sexual harassment, sexual assault, rape and/or sexual violence case) may appeal the hearing officer’s decision within (10) days of receipt of the findings notification. All appeals should be filed in the Office of Student Conduct and Community Standards. If the original decision was made by the Director of Student Conduct and Community Standards, the appeal will be heard by the VP of Student Affairs. In all other cases, the appeal will be heard by the Director of Student Conduct and Community Standards. All appeals must be filed within ten (10) days of receipt of findings notification.

The appeal must be in writing, setting forth the reasons the decision of the hearing officer should not be carried out and specifically setting forth the grounds for such appeal.

Requirements for the appeal can be found in General Information Related To All Grievance And Conduct Violation Procedures. The appeal officer shall make a final adjudication and determination in the matter and notify the student of the final decision in writing within two (2) weeks.

Any sanction imposed by the original hearing officer will be in effect as stated in the sanction letter throughout the period of time that a final appeal is being considered.