SEXUAL ASSAULT PREVENTION
Sexual Assault and the Law
Any sexual offense reported to University Police will be promptly investigated and criminally prosecuted as per the New York State Penal Law and the Criminal Procedure Law. A University Police officer trained in sexual assault investigations will be assigned, with the physical and emotional well being of the victim being of paramount importance. This matter may also be referred to the Campus Judicial System for appropriate action.
Purchase College is committed to maintaining an environment in which students, faculty, staff and visitors can work together free of all forms of harassment, exploitation and intimidation. Purchase College will take action, as needed, to discourage, prevent, correct, and if necessary, discipline behavior that violates this standard of conduct. Rape and sexual assault constitute crimes. Such behavior is prohibited by Federal and New York State Law and College policy.
The State University of New York at Purchase College has programs in place to protect all members of the Purchase College community from sexual assault, including programs for prevention and prosecution of these crimes that occur within the jurisdiction of SUNY at Purchase College Police.
POLICY FOR REPORTS OF SEXUAL ASSAULT -
-- UPD protocol in regards to a report of a sexual assault. In any case of rape or sexual assault reported to the University Police Department, the desk officer on duty will immediately dispatch an officer to assist the victim. The desk officer on duty will then promptly notify a Lieutenant, or the Investigator, or the Officer in Charge, or the Supervising Officer and the Chief of Police/or his designee.
The crime victim should be provided support services as needed. Transport of the crime victim is to be arranged by a representative of this department. If the victim has expressed a desire to press criminal charges, the person accompanying the victim must be a sworn officer.
In addition to providing for the immediate needs (medical / counseling) of the victim, a basic interview must take place in an effort to ascertain the nature of the crime. It is extremely critical to the safety of the entire campus if a crime has taken place and the perpetrator is at large or unidentified. In all sex related crimes, the collection of evidence is of critical importance. The crime scene will be secured and proper investigation measures implemented. The appropriate police agencies (i.e. New York State Police BCI or the Westchester County PD) will be summoned to assist in the investigation and evidence collection process if need be. The appropriate teletype message will be broadcast to area police agencies.
Victims should be advised of counseling and support services available. The victim may decline those services, and that decision will be honored. Crime victims are to be transported to the Westchester Medical Center or White Plains Hospital. The SANE Unit is to be advised in advance of arrival by the University Police desk officer.
Press information will be tightly controlled and coordinated through Public Relations and the Chief of Police. Guidelines for the news release policy will be followed. At no time will any member of the department, unless specifically directed, comment on an ongoing investigation.
Interviews of Victims: Per section 642, Subdivision 2-a of the Executive Law, all victims of sex crimes will be interviewed in as private a setting as possible. The term "private setting" shall be determined as a closed room from which the occupants are not visible or otherwise identifiable, and whose conversations cannot be heard from outside such room. Only those persons directly related to the interview should be present. This would include; the investigating officer, the victim and a support person. The support person, who should be present, may include; a rape crises counselor, Purchase College peer advocate, a psychologist, a social worker or other professional providing emotional support. If a parent or parents are requested, that request will be honored. I
f the victim should object to any of the above and requests their exclusion from the interview or the entire process, that request will also be honored and documented.
All victims of sex crimes will be given the name, address and telephone number of the nearest rape crises center, and the Westchester County Rape Crisis Helpline.
New York State Penal Laws
The following sex offenses are taken from the New York State Penal Law. All are crimes in New York State and are punishable by fines, imprisonment, or both:
Section 130.20 - Sexual Misconduct.
A person is guilty of sexual misconduct when:
1. Being a male, he engages in sexual intercourse with a female without her consent, or
2. He engages in deviate sexual intercourse with another person without the latter's consent, or
3. He engages in sexual conduct with an animal or dead human body.
Sexual misconduct is a Class A misdemeanor
The penalty for violation of this section includes imprisonment for a definite period to be fixed by the court up to one year.
Section 130.25 - Rape in the Third Degree
A person is guilty of rape in the third degree when:
1. He or she engages in sexual intercourse with another person to whom the actor is not married, who is incapable of consent by reason of some factor other than being less than seventeen years old, or
2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person to whom the actor is not married less than seventeen years old.
Rape in the third degree is a Class E felony
Section 130.30 - Rape in the Second Degree
A person is guilty of rape in the second degree when, being eighteen years old or more, he or she engages in sexual intercourse with another person to whom the actor is not married less than fourteen years old.
Rape in the second degree is a Class D felony
Section 130.35 - Rape in the First Degree
A male is guilty of rape in the first degree when he engages in sexual intercourse with a female:
1. By forcible compulsion, or
2. Who is incapable of consent by reason of being physically helpless, or
3. Who is less than eleven years old.
Rape in the first degree is a Class B felony
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 130.40/.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 penalties for violation of this section includes imprisonment for 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.
Questions:
What do I do if I have been sexually assaulted?
If you are sexually or otherwise assaulted on campus you have many available resources and options:
-Get to a safe place as soon as you can.
-Try to preserve all physical evidence; do not bathe, douche, or change your clothes.
-Contact State University of New York at Purchase College Police immediately (call 911 or x6911 (on-campus) in an emergency, or use a Blue Light or other campus emergency phone).
-Talk to someone that you trust (friend, family member, professor, professional staff, etc)
-Make use of your resources (counselling services, student affairs, student health services, Purchase College Peer Advocacy Services, 24 Rape Crisis Hotline, Westchester County Victim's Assistance)
-Go to the hospital and request a SANE nurse (sexual assault nurse examiner)
What are my options, resources and support systems?
Information, Resources and Support Services
If you are a victim of sexual assault or sexual misconduct, you may seek support services as well as the assistance described above :
+Counseling Center: 251-6390
+Student Affairs: 251-6030
+Student Health Services: 251-6380
+Safe Campus Incident Reporting Hotline: 251-6868
+Health and Peer Education: 251-6657
+Purchase College Peer Advocacy Services: 251-5911
+Westchester County Victims Assistance Services: (914) 345-3113
+Westchester County Rape Crisis 24 Hour Helpline: (914) 345-9111
+New York State 24 Hour Domestic Violence Hotlines: 1-800-942-6906
Disciplinary Action
Remember assaults, sexual or otherwise, are crimes; they are not the victim's fault. Victim's have the right to pursue adjudication of crimes that occur on the Purchase College campus through criminal courts and/or through the University's internal disciplinary process (under the Campus Code of Conduct). SUNY at Purchase College Police are trained to assist with prosecution in both systems.
Where there is probable cause to believe the college's regulations prohibiting sexual misconduct have been violated, the college will pursue strong disciplinary action through its own channels. This discipline includes the possibility of suspension or dismissal from the college.
An individual charged with sexual misconduct will be subject to college disciplinary procedures, whether or not prosecution under New York State Criminal statutes is pending.
The college will make every effort to be responsive and sensitive to the victims of these serious crimes. Protection of the victim and prevention of continued trauma is the college's priority. When the victim and the accused live in the same residence hall, an immediate hearing with the College Judicial Officer will be held to determine the need for modifying the living arrangements.
Assistance for any other personal or academic concerns will be reviewed and options provided.
What are my rights during the disciplinary process?
During the disciplinary process, the victim's rights are:
-To have a person or persons of the victim's choice accompany the victim throughout the diciplinary hearing.
-To remain present during the entire proceeding.
-As established in state criminal codes, to be assured that his/her irrevelant past sexual history will not be discussed during the hearing.
-To make a "victim impact statement" and to suggest an appropriate penalty if the accused is found in violation of the code.
-To be informed immediately of the outcome of the hearing.
-During the disciplinary process, the rights of the "accused" are as described under the-Due Process Procedure of the College Judicial System.
How can I protect myself?
Educational Programs
Educational programs to promote awareness of rape, acquaintance rape, and sex offenses are presented to the campus community. University Police and Student Development staff provides programs in the Residence Areas and on campus.
Other programs available:
RAD-Rape Aggression Defense (See Community Education and Policing)
Purchase College Peer Education (Health and Peer Education: 251-6657)
Sexual Assault Workshops (Health and Peer Education: 251-6657)
The college also strongly condemns sexual harassment in any form.
Faculty and staff accused of violations of the above policy receive hearings and are subject to discipline under the provision of the applicable collectively negotiated labor agreements. They may be subject to criminal prosecution under the New York State Penal Law as well (see below).
All efforts are made to ensure the confidentiality of all reports.
Allegations of sexual assault or rape should be reported to the N.Y.S. University Police at the following numbers:
251-6911 (emergency) 251-6900 (general information)