Union Graduate College - Current Students

Sexual Assault Policy

The Graduate College is an educational community where strong emphasis is placed on self discovery and awareness, combined with a mutual respect and consideration for the lives and feelings of others. In such a setting, there is no place for conduct that diminishes, uses, or abuses other individuals. Any violation of trust, any form of sexual intimidation or exploitation, jeopardizes the mission of the institution and threatens the educational experience and well-being of students. The Graduate College will not tolerate sexual assault, and the institution will take appropriate action, as deemed necessary, to prevent and address such conduct.

The applicable laws and penalties for conviction for sex offenses are set forth in Appendix B of the Student Handbook. Any allegations that a person has violated any of these laws will be referred to the appropriate state or local authorities and also be grounds for disciplinary action. A person found to have violated any of these laws will be subject to both the statutory penalties that may be imposed by the courts of the state as well as the sanctions imposed by the College.

Definition of Sexual Assault

The Graduate College defines sexual assault (including but not limited to rape) as committing any of the following acts: Any sexual physical contact that involves the use or threat of force or violence or any other form of coercion or intimidation. Any sexual physical contact with a person who is unable to actively consent whether because asleep or under the influence of alcohol or other drugs to the point where the person is incapable of making or communicating reasonable judgments, or due to any incapacity or impairment, whether mental or physical.

Both "stranger rape" and "acquaintance rape" (in which the assailant and victim know each other), and both men and women can be perpetrators. Sexual physical contact includes, but is not limited to, kissing, fondling or otherwise touching another’s private body parts. "Incapacity" or impairment" includes, but is not limited to, being asleep or under the influence of alcohol or other drugs, as described above. The term "active consent" includes the following conditions:

Each person involved in sexual contact not only agrees to the sexual activity but agrees freely and knowingly.
It is the responsibility of the initiator of sexual contact to obtain active consent from the other person and to determine that consent is freely and knowing given.
Silence or passivity should not be presumed to confer consent.
A verbal "no" or other verbal expression of dissent and/or physical resistance, no matter how indecisive or week or passive, always means NO.

Procedures

If you have been the victim of sexual assault, please call 911 immediately. All forms of sexual assault and all attempts to commit such acts are regarded as serious. Graduate College offenses that are likely to result in suspension, required withdrawal or expulsion. Any student alleged to have violated this Sexual Assault Policy will be subject to the Student Disciplinary Code. The New York Penal Law encompasses the offenses identified above, and prosecution may take place independently of charges under Graduate College regulations.

Campus Sexual Assault Victim Bill of Rights

As a survivor of sexual assault, you have the right:

To have any allegation of sexual assault treated seriously and to be treated with dignity.
To have information on existing medical, counseling, mental health, or student services for victims of sexual assault, both on the campus and in the community, whether or not the crime is reported to campus or civil authorities.
To have any allegation of sexual assault investigated and adjudicated by the appropriate criminal and civil authorities of the jurisdiction in which the crime occurred.
To full and prompt cooperation and assistance of campus personnel in notifying the proper authorities.
To be free from any suggestion that the victim is responsible for the commission of the crime.
To be free from any suggestion that the victim was negligent or assumed the risk of being assaulted.
To be free from any suggestion that the victim must report the crime to be assured of any other right guaranteed under the policy.
To be free from any suggestion that the victim should refrain from reporting crimes in order to avoid unwanted personal publicity.
To have an advocate present, in any campus disciplinary proceeding that the institution permits to the accused.
To be notified of the outcome of any disciplinary proceeding against the accused.
To full, prompt, and victim sensitive cooperation of campus personnel in obtaining, securing and maintaining evidence, including a medical examination if it is necessary to preserve evidence of the assault.
To be informed of, and assisting in, exercising any rights that may be provided by law to compel the disclosure of the results of testing of sexual assault suspects for communicable diseases.
To be informed of, and assisted in, exercising any rights to be confidentially, or anonymously, tested for sexually transmitted disease or immunodeficiency virus.
To have access to counseling, under the terms and conditions as apply to other students seeking such counseling, from appropriate campus mental health service entities, or by other sexual assault victims, at the election of the victim.
To require campus personnel to take reasonable and necessary action to prevent further unwanted contact of victims with their alleged assailants including, but not limited to, the immediate relocation of the victim to safe alternate housing and transfer of classes, if requested, if such changes are reasonably available.

Sexual Assault/Domestic Violence Resources
In the event of a sexual assault or domestic violence, we encourage you to seek medical attention and supportive counseling as soon as possible. Emergency contraception may also be available. Please contact 911 or one of the following area resources for help:
Domestic Violence Shelter of Schenectady
44 Washington Avenue, Schenectady
Hotline: 374-3386
Main number: 374-3394

Rape Crisis Service of Planned Parenthood
1040 State Street, Schenectady
Emergency Hotline: 346-2266
New York State Sexual Violence Hotline
1-800-942-6906
Twenty-four hour hotline that provides referrals to local services for victims of sexual violence.

Albany County Crime Victims Sexual Violence Center
112 State St., Albany
447-5500
Provides assistance to victims of sexual assault and/or domestic violence when the victim is a resident of Albany County or the alleged crime occurred in Albany County.

New York State Office for The Prevention of Domestic Violence
80 Wolf Road, Colonie
457-5800
A state agency that can provide a referral to local resources.

New York State Coalition Against Sexual Assault
63 Colvin Ave., Albany
482-4222
Provides referrals to local services.

for the most up to date information visit the student handbook

Union Graduate College 80 Nott Terrace, Schenectady, NY 12308 US Phone: (518) 631-9900 Fax: (518) 631-9901
Educating Graduate students from Albany, Schenectady, Upstate New York’s Capital Region, United States, and around the World.