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Information Regarding Sexual Harassment and Assault

Campus Regulations and Judicial Procedure

15.00 Sexual Misconduct

.01 No person or group of individuals shall engage in sexual intercourse with any individual if such behavior is against the will and without the verbal consent of that person. (Forced sexual intercourse can occur with a stranger, acquaintance or friend, and may or may not involve deception, violence, or the threat of physical harm).

.02 No person or group of individuals shall engage in sexual intercourse with someone who is physically helpless (i.e., drunk and/or under the influence of a substance or substances), unconscious (i.e., "passed out"), or otherwise incapacitated and unable to communicate willingness towards an act, or control their own behavior, or to give verbal consent.

(Penalty: Not less than Expulsion).

.03 No person or group of individuals shall engage in sexual behavior towards any individual against their will and without their verbal consent. Such behavior includes, but is not limited to, touching, pinching, patting, or pressing up against someone.

(Penalty: not less than Disciplinary Probation; not more than Expulsion).

SUNY New Paltz expressly prohibits the sexually aggressive behavior noted above and students found engaging in it will be subject to disciplinary action, including possible dismissal from school. (See also: Statement of Victim's Rights, Part IV, Section B. 2.) In addition, violators may be subject to criminal charges and prosecution under local and state laws.

16.00 Sexual Harassment

According to the Equal Employment Opportunity "Guidelines," unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

  1. Submission to the conduct is either an explicit or implicit term or condition of employment or academic advancement; or
  2. Submission to or rejection of the conduct is used as a basis for an employment or valuative decision affecting the person rejecting or submitting to the conduct; or
  3. The conduct has the purpose or effect of unreasonable interfering with an affected person's work performance, learning environment, or creating an intimidating, hostile, or offensive work environment.

Every person is entitled to a work and learning environment free from the devastating effects of sexual harassment. Therefore, SUNY New Paltz opposes sexual harassment of both employees and students. Such harassment of employees or of students that implies a requirement of sexual cooperation as a condition of employment or academic advancement will not be tolerated. It will be considered a form of misconduct and sanctions with disciplinary actions will be enforced against:

  1. Individuals engaging in it; and
  2. Supervisory and managerial personnel who knowingly allow it to continue.

Any charges of sexual harassment against employees will be pursued in accordance with the disciplinary provisions of the appropriate union contracts. Charges of sexual harassment against students will be subject to judicial proceedings under Campus Rules and Regulations.

Students and employees of SUNY New Paltz who consider themselves victims of sexual discrimination may file a grievance in writing with the Affirmative Action Office within 45 calendar days of the alleged discriminatory act. Persons who choose to file a complaint within the College will not lose the right to file with an external enforcement agency such as the Equal Employment Opportunity Commission or the State Division of Human Rights.

(Penalty: not less than Disciplinary Probation; not more than Expulsion).

EXCERPTED FROM: Campus Regulations and Judicial Procedures Document.

Information Regarding Sexual Harassment and Assault