CUNY POLICY: Creating a Greater CUNY for all

Welcome to the CUNY Sexual Assault Policy Tracker! This blog was a creation of Students for a Greater CUNY (SGC) to track the progress of the CUNY Sexual Assault Policy Taskforce. As of June 28, 2010, SGC achieved a hard earned dream alongside many supporters. We have kept this open for others who may be striving to achieve similar goals to become inspired to create effective coalition building! Questions? EMAIL US AT cunysgc@gmail.com. Feel free to spread the word!!

Monday, April 27, 2009

TOWN HALL ROOM CHANGE!!!

Become involved! Email us at cunypolicy08@gmail.com. We currently have an immediate need for:

* A skilled technician with software to make jpeg files to post letters of support on the tracker
* A graphic arts designer to help our website designer
* Skilled media savvy persons to chronicle CUNY's progress for the students on campus blogs, radio and television.
* Organizations and individuals to endorse our cause (willing to sign a letter of support)
* Organizations and individuals to join Students for a Greater CUNY as a member

Thursday, April 23, 2009

TOWN HALL MEETING FLIER!!

Wednesday, April 15, 2009

SUPPORTER SPOTLIGHT: THE STUDENT OPTICAL SOCIETY (SOS) AT CITY TECH

The letter to the left of the screen is a support letter from the Student Optical Society (SOS.) at City Tech. The text of the letter is provided below. The letter proclaims the general interest of the SOS. in ensuring the safety of CUNY students and standing in solidarity with Students for a Greater CUNY. For more information about SOS, contact Selah Brown at bselassie4@aol.com.

Selah Brown
300 Jay Street
Room P312
Brooklyn, 11212
Phone (718) 260-5298
bselassie4@aol.com

April 15, 2009

Students for a Greater CUNY

Dear Friend,

It is my pleasure to send this letter of endorsement to have CUNY adopt a sexual assault policy. On behalf of the Student Optical Society, you have our backing in this current and hopefully future challenges. We have been around for the past 40 years helping those that have been through the Ophthalmic Dispensing program at New York City College of Technology. By the means of tutoring, guest speakers, trips to different opticianry labs, and networking amongst students and alumni we have been able to address many of our student’s concerns while seeking expert advice to solve these issues. Just as we believe vision is very important, we can not close our eyes and become blind to this serious issue concerning CUNY and the importance of having a sexual assault policy mandated. We look forward to assisting where applicable.

Sincerely,

Selah Brown, President of the Student Optical Society

Become involved! Email us at cunypolicy08@gmail.com. We currently have an immediate need for:

* A skilled technician with software to make jpeg files to post letters of support on the tracker
* A graphic arts designer to help our website designer
* Skilled media savvy persons to chronicle CUNY's progress for the students on campus blogs, radio and television.
* Organizations and individuals to endorse our cause (willing to sign a letter of support)
* Organizations and individuals to join Students for a Greater CUNY as a member

Monday, April 13, 2009

BREAKING NEWS: FIRST TOWN HALL MEETING APRIL 29TH!

We are ready for the first town hall meeting!

Students for a Greater CUNY has received confirmation that the first town hall meeting to receive input from the majority of CUNY members about the policy (which is posted on this tracker) will be held on Wednesday, April 29th from 1-3pm at Hunter College.

The location is TBA, so stay tuned.

SGC will try to obtain a flier from the event organizers. CUNY has agreed to publish the policy through the University Student Senate (USS) and the Vice Chancellor of Student Development (Garrie Moore) office. VC Moore's office is supposed to send a letter to all the VP's of Student Development throughout the 23 campuses, so that each Student Development office can make the policy available to students.

ADDITIONALLY, the information about the first town hall, along with the tracker address and the information that students can comment on the tracker as their official responses in lieu of physically attending the meeting is to be posted within CUNY media and from the Central media that comes from leadership of CUNY.

For students that cannot make the Hunter forum, there will be 2 other forums (SEE post on March meeting outcome).

At any time, students can respond on the tracker to portions of the policy that they like, dislike, or are unsure about.

To Building A Greater CUNY!

Become involved! Email us at cunypolicy08@gmail.com. We currently have an immediate need for:

* A skilled technician with software to make jpeg files to post letters of support on the tracker
* A graphic arts designer to help our website designer
* Skilled media savvy persons to chronicle CUNY's progress for the students on campus blogs, radio and television.
* Organizations and individuals to endorse our cause (willing to sign a letter of support)
* Organizations and individuals to join Students for a Greater CUNY as a member

Sunday, April 12, 2009

JERIN ALAM interview on Crime Prevention 101 with Susan Bartelson

On Saturday, April 11th, Jerin Alam, President of the Hunter Women's Rights Coalition and student taskforce member, was interviewed by Susan Bartelson, Harm Reductionist and Host of Crime Prevention 101. The description of the show, as shown through the link embedded in the title above, is displayed for your convenience below:

In 1964, the gruesome sexual assault and murder of 28-year old Kitty Genovese was committed right outside her apartment building in a suburb of NYC. What made this crime even more horrific was that the attack lasted over a half hour (with the assailant coming back three times to stab the victim) AND that it was witnessed by 37 of her neighbors who shut their eyes and ears and did nothing to intervene—not even calling the police. The slaying of Kitty Genovese has become a metaphor for what is known as the Bystander Effect—the tendency of observers of a crime to remain uninvolved. This week, Crime Prevention Specialist Susan Bartelstone talks with Professor Robert Eckstein, from the University of New Hampshire, who teaches college students how, as bystanders, they can safely engage in sexual violence prevention on college campuses, and with Hunter College student Jerin Alam, who’s trying to bring this curriculum to all the schools in the City University system of New York.

The link to the interview is provided here as well:

http://www.modavox.com/voiceamerica/vepisode.aspx?aid=37678

Please feel free to post your comments!

Become involved! Email us at cunypolicy08@gmail.com. We currently have an immediate need for:

* A skilled technician with software to make jpeg files to post letters of support on the tracker
* A graphic arts designer to help our website designer
* Skilled media savvy persons to chronicle CUNY's progress for the students on campus blogs, radio and television.
* Organizations and individuals to endorse our cause (willing to sign a letter of support)
* Organizations and individuals to join Students for a Greater CUNY as a member

Saturday, April 11, 2009

“OUR DAUGHTER DIED BECAUSE OF WHAT SHE DIDN’T KNOW”

“OUR DAUGHTER DIED BECAUSE OF WHAT SHE DIDN’T KNOW”
-Parents of Jeanne Clery
-Founders of Security on Campus, Inc.

Students for a Great Cuny is going to be blogging in depth about talking points for the sexual assault policy. In addition we have provided the original text of the Federal Law that requires a sexual assault policy for colleges and universities that participate in Federal Aid Programs.

· Federal Law Requires Colleges to have policies on sexual assault

The Federal Law that requires colleges to report crime statistics, afford victims of sexual assault basic rights, a sexual assault policy and disclosure of sex offenders on campus is known as the The Federal Clery Act or the “Students Right-To-Know and Campus Security Act (RAINN.ORG).”

The Federal Clery Act is named after Jeanne Clery. On April 5, 1986, Jeanne was raped, tortured, sodomized and brutally murdered in her own dorm room. Jeanne was a student at Lehigh University where her killer had been a Lehigh student as well; he gained entry into her room by proceeding through three doors which should have been locked. After Jeanne was murdered, Lehigh University decided to treat her torture/murder as an “aberration.” Additionally, the college decided that in order to protect their image, they released a report concluding that there was no negligence on part of the university.
One of the trustees of the report, K.P. Pendleton wrote about Lehigh University and Jeanne Clery’s death that “…our present safety policies were complete.” However, that year Lehigh University had 181 reports of propped-open doors in Jeanne’s dorm, and the university failed to respond in all 181 reports made in the four months prior to the Jeanne’s death.

However, Jeanne’s parents, the founders of a non-profit, Security on Campus, Inc. (, decided to turn the brutal death of their daughter into a national movement for providing safety and security on campuses. Their own response to their daughter’s rape and murder is,

“OUR DAUGHTER DIED BECAUSE OF WHAT SHE DIDN’T KNOW.” (http://www.securityoncampus.org/index.php?option=com_content&view=article&id=52.&Itemid=71)

This became the reason why their first initiative was to have universities and colleges to let students know about violent crimes on their campuses and what security procedures to follow. This officially known as the “Crime Awareness and Campus Security Act of 1990.” However, it was not until 1992 that an amendment was added that required schools to give victims of campus sexual assault basic rights and in 1998 was expanded for reporting requirements. It was in this amendment that the law was named after Jeanne Clery. In 2000 and 2008, provisions were added for dealing with registered sex offender notifications and the way campus emergency response. In 2008, amendments were added to protect the “whistleblowers,” crime victims, and others from retaliation.

Here is the original text of the Jeanne Cleary Act as amended through 2008

The original text of the Jeanne Cleary Act that pertains to sexual assault on campuses
JEANNE CLERY ACT AS AMENDED THROUGH 2008 (ORIGINAL TEXT)

“(8) (A) Each institution of higher education participating in any program under this title shall develop and distribute as part of the report described in paragraph
(1) A statement of policy regarding--
(i) such institution's campus sexual assault programs, which shall be aimed at prevention of sex offenses; and
(ii) the procedures followed once a sex offense has occurred.

(B) The policy described in subparagraph (A) shall address the following areas:
(i) Education programs to promote the awareness of rape, acquaintance rape, and other sex offenses.
(ii) Possible sanctions to be imposed following the final determination of an on-campus disciplinary procedure regarding rape, acquaintance rape, or other sex offenses, forcible or nonforcible.
(iii) Procedures students should follow if a sex offense occurs, including who should be contacted, the importance of preserving evidence as may be necessary to the proof of criminal sexual assault, and to whom the alleged offense should be reported.
(iv) Procedures for on-campus disciplinary action in cases of alleged sexual assault, which shall include a clear statement that--

(I) the accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding; and
(II) both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceeding brought alleging a sexual assault.

(v) Informing students of their options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses.
(vi) Notification of students of existing counseling, mental health or student services for victims of sexual assault, both on campus and in the community.
(vii) Notification of students of options for, and available assistance in, changing academic and living situations after an alleged sexual assault incident, if so requested by the victim and if such changes are reasonably available.”
Source: (http://www.securityoncampus.org/index.php?option=com_content&view=article&id=318%3Ajeanne-clery-act-text&catid=64%3Acleryact&Itemid=81)

Friday, April 10, 2009

SUPPORTER SPOTLIGHT: PRESIDENT BARACK OBAMA

*Take particular note of the emphasis, placed by us, in bold*

Presidential Proclamation Marking National Sexual Assault
Awareness Month, 2009

THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release

April 8, 2009

NATIONAL SEXUAL ASSAULT AWARENESS MONTH, 2009

- - - - - - -

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Sexual assault scars the lives of millions in the United States. To
increase awareness about this issue, prevent future crimes, and aid
victims, this month we mark National Sexual Assault Awareness Month.

Sexual assault is pervasive in the United States. Study after study has
shown that this crime impacts people at all age levels and in every part
of this Nation. One recent study found that 18 percent of women in this
country have been raped in their lifetime. In addition, rates of sexual
assault remain startlingly high for students from high school to
college. A 2005 survey of high school students found that 10.8 percent
of girls and 4.2 percent of boys from grades nine to twelve were forced
to have sexual intercourse at some time in their lives. A study of
college women found that 13.7 percent of undergraduate women had been
victims of at least one completed sexual assault since entering college.
Unlike victims of sexual assault in the larger community, students
victimized by other students often face additional challenges in a
"closed" campus environment. For example, a victim may continue to live
in danger if the perpetrator resides in the same dormitory or attends
the same classes. These statistics are all the more alarming given that,
according to recent research, a majority of victims do not report their
attacks to police.

Victims of all ages suffer from both the physical and emotional
consequences of the attack. Sexual assault can lead to long-term health
problems including chronic pain, stomach problems, and sexually
transmitted diseases. It can also cause severe emotional harm that may
be even more painful than the assault itself and resulting physical
injuries. The effects of sexual assault go well beyond the direct
victim: sexual assault also has a profound impact on a victim's family,
friends, neighbors, and workplace.

Victims need an array of services to heal from the trauma of sexual
assault, including crisis intervention, 24-hour sexual assault hotlines,
medical and criminal justice accompaniment, advocacy, and counseling.
Victim service providers are essential to this effort and work
tirelessly to help victims cope with the trauma of sexual assault and
transition from "victim" to "survivor."

Landmark legislation has helped fund these critical services. The
Victims of Crime Act of 1984 (VOCA, Public Law 98-473) established the
Crime Victims Fund to fund services such as forensic sexual assault
examinations and compensation claims for both adult and child victims.
For example, since 1997, VOCA funding has supported the development of
Sexual Assault Nurse Examiner (SANE) programs and multi-disciplinary
Sexual Assault Response Teams (SART). The Violence Against Women Act of
2005 (VAWA, Public Law 109-162) authorized the Sexual Assault Services
Program, the first Federal funding dedicated exclusively to sexual
assault services. The Program includes funding for culturally specific
programs that serve victims who face unique cultural and linguistic
barriers.

In addition to helping victims, offenders must be held accountable for
their crimes. Sexual assault forensic examinations and trained examiners
can ensure that victims are treated with requisite sensitivity and that
critical evidence is collected to facilitate a successful prosecution.
To this end, VAWA mandates that all States that accept Federal grants to
combat violence against women ensure that sexual assault victims receive
forensic examinations free of charge, even if the victim chooses not to
report the crime to the police.

To make continued progress, my Administration supports efforts to help
Americans better understand this issue. Working together, we can reduce
the incidence of sexual assault and help all who have experienced this
heinous crime.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 2009, as National
Sexual Assault Awareness Month. I urge all Americans to respond to
sexual assault by creating policies at work and school, by engaging in
discussions with family and friends, and by making the prevention of
sexual assault a priority in their communities.

IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
April, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and
thirty-third.

BARACK OBAMA

CUNY STUDENTS: WHAT BETTER ENDORSEMENT CAN YOU GET FOR A PREVENTION FOCUSED POLICY THAT ADVOCATES FOR ALL OF THE BOLDED AREAS THAN FROM THE PRESIDENT OF THE UNITED STATES?!

To building a Greater CUNY!

Become involved! Email us at cunypolicy08@gmail.com. We currently have an immediate need for:

* A skilled technician with software to make jpeg files to post letters of support on the tracker
* A graphic arts designer to help our website designer
* Skilled media savvy persons to chronicle CUNY's progress for the students on campus blogs, radio and television.
* Organizations and individuals to endorse our cause (willing to sign a letter of support)
* Organizations and individuals to join Students for a Greater CUNY as a member

Monday, April 6, 2009

The last two pages of the policy- pages 9&10 of the second draft of the CUNY-wide Sexual Assault Policy

The images to the left and right of the screen are the final pages (9&10) of the second draft of the CUNY-wide Sexual Assault Policy. The text is provided below.

NEW YORK CITY SUPPORT SERVICES

*Indicates 24-hour number

NYPD

Police Emergency 911*

NYPD Sex Crimes Hotline

212-267-RAPE*

Rape Crisis Services

NYC Rape Crisis Hotline 212-673-3000*
Safe Horizon: Rape and Sexual Assault Hotline 800-621-4673* www.safehorizon.org
Safe Horizon: Domestic Violence Hotline 212-577-7777*
NYC Gay and Lesbian Anti-Violence Project 212-714-1141*
New York Women Against Rape 212-777-4000
New York Asian Women’s Center 888-888-7702*
NYC Alliance Against Sexual Assault 212-229-0345
NYS Victim Information and Notification Everyday 888-VINE-4NY
NYS Crime Victim’s Board 718-923-4325
Women’s Survival Space (Brooklyn) 718-439-4612

Rape Crisis Centers (affiliated with hospitals)

Bronx

North Central Bronx Hospital: Sexual Assault Treatment Program 718-519-5722

Brooklyn

Coney Island Hospital: Rape Crisis Program 718-616-4209, or 800.tel.rape*

Long Island College Hospital: Rape Crisis Intervention/Victims of Violence Program 718-780-1459

Manhattan

Beth Israel Medical Center: Rape Crisis & Domestic Violence Intervention Program 212-420-4516

Bellevue Hospital Center: Rape Crisis Program 212-562-3435

Columbia Presbyterian Hospital: Domestic and Other Violence Emergencies (DOVE) 212-305-9060

Harlem Hospital: Center for Victim Support 212-939-4613

Mt. Sinai Medical Center: Sexual Assault Violence Intervention (SAVI) 212-423-2140

St. Luke’s Roosevelt Hospital: Rape Intervention 212-523-4728
St. Vincent’s Hospital: Rape Crisis Program 212-604-8068

9

Queens

Elmhurst Hospital: Borough Crisis Center 718-736-1288

Queens Hospital Center 718-883-3090

Staten Island

St. Vincent’s Medical Center 718-876-3044

District Attorney’s Offices

Bronx: Crime Victims Assistant Unit: 718-590-2114
Brooklyn: Victim Services Unit 718-250-3820
Manhattan: Victim Assistance Center 212-335-8900
Queens: Crime Victims Advocate Program 718-286-6818
Staten Island 718-876-6300

Programs For Abusers

Safe Horizon Alternatives to Violence Program:
Provides educational groups in English and Spanish for perpetrators of domestic violence. 718-834-7471
STEPS: Alternatives to Incarceration provides programs for adolescent male batterers 212-662-7914

If you are interested in locating a treatment provider for an individual with sexual behavior problems, call the Sexual Abuser Treatment Referral Line: 1-802-247-3132, Mon.-Fri. 9:00am-4:30pm.
If you are an adult at risk for sexually abusing a child, or are a friend or family member of a sexual abuser and/or victim, or a parent of a child with sexual behavior problems, call the STOP IT NOW! Helpline, 1-888-PREVENT (773-8368). Free, confidential, Mon.-Fri. 9:00am-5:00pm.

10

Become involved! Email us at cunypolicy08@gmail.com. We currently have an immediate need for:

* A skilled technician with software to make jpeg files to post letters of support on the tracker
* A graphic arts designer to help our website designer
* Skilled media savvy persons to chronicle CUNY's progress for the students on campus blogs, radio and television.
* Organizations and individuals to endorse our cause (willing to sign a letter of support)
* Organizations and individuals to join Students for a Greater CUNY as a member

Pages 7&8 of the second draft of the CUNY-wide Sexual Assault Policy

The images to the right and left of the screen are the 7th and 8th pages of the second draft of the CUNY-wide Sexual Assault Policy. The text is provided below.

(Continuation of definition of illegal conduct for aggravated sexual abuse in the first degree from page 6) physical injury to such person by forcible compulsion, when the person is incapable of consent by reason of being physically helpless, or when the person is less than 11.

Crime

Aggravated sexual abuse in the second degree

Illegal Conduct

(PL § 130.67) A person is guilty when he or she inserts a finger in the vagina, urethra, penis or rectum of another person causing physical injury to such person by forcible compulsion, when the person is incapable of consent by reason of being physically helpless, or when the person is less than 11.

Criminal Sanctions

Is a class C felony, with penalties up to 15 years in prison.

Crime

Aggravated sexual abuse in the third degree

Illegal Conduct

(PL § 130.66) A person is guilty when he or she inserts a foreign object in the vagina, urethra, penis or rectum of another person by forcible compulsion, when the person is incapable of consent by reason of being physically helpless, or when the person is less than 11.

Criminal Sanctions

Is a class D felony, with penalties up to 7 years in prison.

Crime

Facilitating a sex offense with a controlled substance

Illegal Conduct

(PL § 130.90) A person is guilty when he or she knowingly and unlawfully possesses a controlled substance or any substance that requires a prescription to obtain to another person, without such person’s consent and with intent to commit against such person conduct constituting a felony, and commits or attempts to commit such conduct constituting a felony defined in Article 30.

Criminal Sanctions

Is a class D felony, with penalties up to 7 years in prison.

For a full listing of all sex offenses and the definitions of sex offenses, please refer to:
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

Crime statistics are reported annually by every college pursuant to the Jeanne Clery Act. This information can be obtained from your campus Public Safety Department.

In addition, “Megan’s Law” protects our communities and universities by mandating that convicted sex offenders register with the State through the Division of Criminal Justice Services. Such information can be obtained from your local police precinct, and from the Division of Criminal Justice Services website: http://www.criminaljustice.state.ny.us/ (for level 3 offenders.)

7

ATTACHMENT B

EMERGENCY CONTACT NUMBERS

CUNY SERVICES: Public Safety Numbers Counseling Services
(24 hours) (not 24 hours)

University Central Office 212-541-0407 646-344-7250 (Office of Student Affairs)

Baruch College 646-312-3333 x 2155 (counseling center)

BMCC 212-220-8080 x 8140 (counseling); x 8165 (women’s ctr)

Bronx Community College 718-289-5911 x 5864/5278 (counseling & psych. services)

Brooklyn College 718-951-4444 x 5363 (personal counseling)

The Graduate Center 212-817-7777 x 7020 (wellness center)

School of Journalism 212-391-9245 x 7020 (wellness center)

School of Law 718-340-4270/4440 x 4216 (counseling services)

Hostos Community College 718-518-6888 x 4319 (counseling center)

Hunter College 212-772-4444 x 4931 (personal counseling services)

Hunter Brookdale Campus 212-481-4444 x 4931 (personal counseling services)

John Jay College 212-237-8888 x 8184 (Women’s Center) or 8111 (Counseling)

Kingsborough Comm. Coll. 718-368-5069 x 5975 (personal counseling center)

LaGuardia Comm. College 718-482-5555 x (center for women)

Lehman College 718-960-7777 x 8761 (counseling center)

Macaulay Honors College

Medgar Evers College 718-270-4999/6003 x 4975 (women’s center)

The City College of Tech. 718-260-5555 x 5030 (counsel. ctr.), x 5914 (wellness ctr.)

Queens College 718-997-5912 x 5420 (counseling & resource center)

Queensborough Comm. Coll. 718-631-6320 x 6370 (counseling center)

The City College 212-650-7777 x 8222 (wellness & counseling center)

The College of Staten Island 718-982-2110 x 3129 (wellness services) x 2391 (counsel.)

The Sophie Davis School 212-650-7777 x 822 (wellness & counseling center)

York College 718-262-2222 x (women’s center) x (crisis center)

Pages 5&6 of the second draft of the CUNY-wide Sexual Assault Policy

The images to the right and left of the screen are the 5th and 6th pages of the second draft of the CUNY-wide Sexual Assault Policy. The text is provided below.

IV. IMPLEMENTATION OF THE SEXUAL ASSAULT POLICY AND PROCEDURES

The President and Vice President for Student Affairs/Student Development of each college shall be responsible for implementing this policy in accordance with the most up-to-date information and resources pertaining to sexual assault education and prevention, and victim assistance. The following steps must be taken to implement this policy:

1. Publication: A copy of this policy shall be easily accessible on the CUNY website and on the website administered by each College. A summary shall also be incorporated into every College student handbook. In addition, copies of the policy and procedures shall be made available in student centers, residence halls, student affairs/student development offices and public safety departments.

2. Prevention Education: Each College shall develop materials and programs to educate its students, faculty and staff on the nature, dynamics, common circumstances and effects of sexual assault, and the means to reduce their occurrence and prevent them. The prevention education should seek to provide the most recent and relevant information, including education pertaining to bystander intervention, the importance of peer networks and the significance of fostering a community of responsibility.

Prevention education materials and programs shall be incorporated into campus orientation activities for all incoming undergraduate and graduate students (including transfers), and shall be made available to all student activity groups, clubs and athletic teams. In addition, all residence halls shall have a mandatory orientation on sexual assault prevention. Colleges are encouraged to assist in the organization of peer education groups and to provide resources to such groups so that the groups can provide training and outreach to other students throughout the academic year. Since the abuse of alcohol is frequently involved in occurrences of sexual assault, it is important that any education on the issue of sexual assault include education about the deleterious effects of alcohol abuse.

3. Professional Training: Each College shall provide annual training relating to the prevention and handling of sexual assaults for all security officers, counselors, student affairs staff and resident assistants by experts trained in the field. Education and training shall also be made available to any interested faculty and staff member.

4. CUNY Sexual Assault Advisory Committee: The University Vice Chancellor for Student Affairs will establish and coordinate a Sexual Assault Advisory Committee. The Committee will be charged with monitoring compliance with this policy at all of the campuses and for reviewing the policies and procedures on an annual basis, and making recommendations in the event that updates to prevention and education information are necessitated. In addition, the Office of the Vice Chancellor for Student Affairs shall provide any resources and educational materials that may be needed to ensure full implementation of this policy on every campus. A liaison will be identified from each campus who will report to or serve on this committee. These liaisons will receive standardized trainings in order to fulfill their responsibilities on their campuses.

5

ATTACHMENT A

Crime

Rape in the first degree

Illegal Conduct

(PL § 130.35) a person is guilty when he or she engages in sexual intercourse with another person by forcible compulsion, with a person who is incapable of consent by reason of being physically helpless (e.g. being asleep, unconscious or due to alcohol or drug consumption), who is less than 11 years old or less than 13 and the actor is 18 or older.

Criminal Sanctions

Is a class B felony, with penalties up to 25 years in prison.

Crime

Rape in the second degree

Illegal Conduct

(PL § 130.30) A person is guilty when being 18 years old or more, he or she engages in sexual intercourse with another person less than 15, or with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

Criminal Sanctions

Is a class D felony, with penalties up to 7 years in prison.

Crime

Criminal sexual act in the first degree

Illegal Conduct

(PL § 130.50) A person is guilty when he or she engages in oral sexual contact or anal sexual contact with another person by forcible compulsion, or with someone who is incapable of consent by reason of being physically helpless, or with someone less than 11 or with someone less than 13 and the actor is 18 or older.

Criminal Sanctions

Is a class B felony, with penalties up to 25 years in prison.

Crime

Forcible touching

Illegal Conduct

(PL § 130.52) A person is guilty when he or she intentionally, and for no legitimate purpose, forcibly touches 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

Criminal Sanctions

Is a class A misdemeanor, with penalties up to 1 year in jail.

Crime

Sexual abuse in the first degree

Illegal Conduct

(PL § 130.65) A person is guilty when he or she subjects another person to sexual contact: by forcible compulsion, when the other person is incapable of consent by reason of being physically helpless, or when the person is less than 11 years old.

Criminal Sanctions

Is a class D felony, with penalties up 7 years in prison.

Crime

Aggravated sexual abuse in the first degree

Illegal Conduct

(PL § 130.70) A person is guilty when he or she inserts a foreign object in the vagina, urethra, penis or rectum of another person causing physical injury to such person by forcible compulsion, when the person is incapable of consent by reason of being physically helpless, or when the person is less than 11.

Criminal Sanctions

Is a class B felony, with penalties up to 25 years in prison.

6

Become involved! Email us at cunypolicy08@gmail.com. We currently have an immediate need for:

* A skilled technician with software to make jpeg files to post letters of support on the tracker
* A graphic arts designer to help our website designer
* Skilled media savvy persons to chronicle CUNY's progress for the students on campus blogs, radio and television.
* Organizations and individuals to endorse our cause (willing to sign a letter of support)
* Organizations and individuals to join Students for a Greater CUNY as a member

Pages 3&4 of the second draft of the CUNY-wide Sexual Assault Policy

The images to the left and right of the screen are the 3rd and 4th pages of the second draft of the CUNY-wide Sexual Assault policy. The texts of those pages are provided below.

A person is deemed incapable of giving consent if she/he is (a) under the age of 17, (b) mentally incapacitated (which may include incapacity due to the victim’s ingestion of alcohol or drugs), (c) physically disabled or (d) physically helpless (asleep, unconscious or for any other reason physically unable to communicate unwillingness to act, which may also include incapacity due to the victim’s ingestion of alcohol or drugs).

• Who is responsible for a sexual attack?

In the absence of consent, the attacker is always responsible for having committed the sexual assault regardless of the victim’s appearance, behavior, or conduct on previous occasions. An attacker cannot assume that the way a person dresses or acts is an invitation for sexual advances. A person may welcome some forms of sexual contact and be opposed to others. The more impaired a person is from alcohol or drugs, the less likely she/he can give consent; having sex with someone who is “passed out” or sleeping is rape. And regardless of previous sexual activity, if someone refuses sexual contact, the failure to respect that limit constitutes non-consensual sex.

• Who can prevent a sexual attack from occurring?

Every member of the CUNY community, by recognizing situations where sexual violence occurs, by acknowledging that anyone can be a victim of sexual assault, and by becoming active, positive and responsible community members who look out for other CUNY members.

III. PROCEDURES FOR REPORTING INCIDENTS OF SEXUAL ASSAULT

Getting assistance after a sexual assault is extremely important and can involve different points of on-campus contact for students, faculty and staff, including Public Safety, Women’s Centers and Counseling Departments, or/and the Dean of Student Development/Student Affairs. Each provides different forms of advocacy which together address the many of the needs of survivors.

• Contact Law Enforcement Personnel Immediately

CUNY urges any student who has been the victim of a sexual assault, or any student or employee who has witnessed a sexual assault against a student, to immediately report the incident to the college Public Safety Department if the attack occurred on-campus, or to call 911 or go to the local NYPD precinct if the incident took place off-campus. See Attachment B for a list of Emergency Contact Numbers (on and off-campus).

• Seek Immediate Medical Attention

It is critical that the victim of a sexual assault receive comprehensive medical attention as soon as possible, and preserve evidence of the attack (i.e. do not shower and retain the clothing worn during the attack.) If a student believes that she/he may be the victim of date rape by being drugged, she/he should go directly to a hospital to receive a toxicology examination since such drugs only remain in a person’s system for a short period of time. In all other circumstances, public safety and police personnel can assist the victim in obtaining medical care. Attachment B provides a list of local hospitals, some of which are designated as SAFE (Sexual Assault Forensic Examiner) hospitals that are specially equipped to handle sexual assaults. EMS will

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ensure that the victim is brought to a SAFE hospital at the victim’s request. Medical attention is critical not only to treat internal and external injuries and to combat possibilities of sexually transmitted infections and/or pregnancy, but also to collect evidence that can be used against the perpetrator. It is also vital that the victim of a sexual assault receive emotional support and professional counseling as soon as possible.

• Seek On-Campus Assistance

The victim of a sexual assault will be provided with on-campus support in the form of an advocate from the Women’s Center or an appropriately trained counselor to assist the victim in handling the various aspects of his/her ordeal and to provide crisis intervention and/or ongoing counseling services.

When appropriate, CUNY encourages the victim (or her/his advocate on their behalf) to contact the Dean of Student Affairs/Student Development to obtain assistance in accessing medical and counseling services, or to make any necessary changes to the student’s academic program or residential housing situation. The victim can also file a complaint against a perpetrator who is a student or employee of the University with the Dean of Student Affairs/Student Development. The campus advocate can assist the student through the complaint process as well.

The University recognizes that confidentiality is a right of all victims and can be particularly important to victims of sex crimes. While complete confidentiality cannot be guaranteed, every effort will be made to maintain confidentiality on a “need to know” basis. Generally, the wishes of a victim not to report a sexual assault to the police will prevail, but the College reserves the right to notify the police when it believes that such reporting is necessary for the protection of the college community. Nevertheless, CUNY encourages victims in all circumstances to seek counseling in order to speak confidentially with a professional about her/his options and to begin the recovery period.

• Handling Sexual Assault Complaints On-Campus
The Colleges shall act promptly in response to information that a student has been sexually assaulted by another member of the CUNY community. Upon receipt of a sexual assault complaint, the College shall undertake an appropriate investigation. If it appears that there is sufficient evidence to warrant disciplinary charges against a student or staff member, such charges shall be brought pursuant to the appropriate University procedures or collective bargaining agreement. If the perpetrator is a student and the matter is brought before a hearing, the victim and alleged assailant are entitled to the same opportunities to have others present and to be informed of the outcome of the proceedings. The victim is entitled to a report of the results of the proceeding at her/his request. In certain circumstances, if there is a criminal action pending against the alleged student perpetrator, the College reserves the right to suspend the student and hold disciplinary charges against him/her in abeyance until the disposition of the criminal case. If a student is found guilty of committing a sexual assault against another CUNY student or employee after a disciplinary hearing, the penalties may include suspension, expulsion from residence halls, or permanent dismissal from CUNY.

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Become involved! Email us at cunypolicy08@gmail.com. We currently have an immediate need for:

* A skilled technician with software to make jpeg files to post letters of support on the tracker
* A graphic arts designer to help our website designer
* Skilled media savvy persons to chronicle CUNY's progress for the students on campus blogs, radio and television.
* Organizations and individuals to endorse our cause (willing to sign a letter of support)
* Organizations and individuals to join Students for a Greater CUNY as a member

WITHOUT FURTHER ADIEU... WE PRESENT YOU THE SECOND DRAFT OF THE CUNY-WIDE SEXUAL ASSAULT POLICY!

The images to the left and right of the screen are the first two pages of the second draft of the CUNY-wide Sexual Assault Policy that will be up for public discussion during upcoming town hall meetings. The document is split into a few pages at a time, with the text indicated below from the first 2 pages. We will post the policy (10 pages total) in increments of two pages per post. Please feel free to pass this post on to others and to comment here!

THE CITY UNIVERSITY OF NEW YORK

POLICIES AND PROCEDURES CONCERNING SEXUAL ASSAULT AGAINST STUDENTS

I. POLICY STATEMENT

The City University of New York seeks to create and maintain a safe environment in which all members of the University community—students, faculty and staff—can learn and work free from the fear of sexual violence. The University’s Workplace Violence Policy and Procedures applies to all acts of violence, including sexual violence, that occur in the workplace. This policy is directed toward sexual violence committed against students.

According to a recent national survey, one out of every four college women is raped during her college years. However, for a number of reasons, a large majority of rapes on campuses go unreported. Many students feel ashamed or embarrassed or do not view their assault as a rape or sex offense. In some cases this may be because of the nature of the assault in that it was perpetrated by someone the student knew or that alcohol or drug use was involved. Some students also fear retribution by their assailant or the possibility that their reporting of the assault will lead to their being punished or treated as a social outcast.

CUNY wants all victims of sexual assault to know that the University has professionals and law enforcement officers who are trained in the field to assist student victims in obtaining immediate medical care, counseling and other essential services. If the assailant is also a member of the CUNY community, the college will take prompt action to investigate, and where appropriate, to discipline and sanction the assailant. CUNY urges all victims to seek immediate help in accordance with the guidelines set forth in this policy with the assurance that all information received from a complaint will be handled as confidentially as possible.

A critical factor in eliminating sexual violence and creating a safe college community is providing an appropriate prevention education program and having trained professionals to provide vital supportive services.

Accordingly, CUNY is committed to the following goals:

• Providing clear and concise guidelines for students to follow in the event that they or someone
they know has been the victim of a sexual assault.

• Assisting the sexual assault victim in obtaining necessary medical care and counseling.

• Providing the most informed and up-to-date education and information to its students about
how to identify situations that involve sexual assault and ways to prevent sexual assaults.

• Educating and training all staff members, including public safety, student affairs personnel and
counselors, to assist victims of a sexual attack.

• Ensuring that disciplinary procedures are followed in the event that the assailant is a CUNY
student or staff member.
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II. SEXUAL ASSAULT: DEFINITION AND BACKGROUND INFORMATION

Sexual assault is a crime. Under Article 130 of the New York State Penal Law, it is a sex offense to engage in sexual contact or to engage in sexual intercourse, sodomy or sexual abuse by contact without the consent of the victim or where the victim is incapable of giving consent. Criminal sex offenses are classified in degree according to the seriousness of sexual activity, the degree of force used, the age of the victim and the physical and mental capacity of the offender and victim. See Attachment A for a list of some of the sex offenses and their maximum penalties under New York State Law.

Sexual assault is a crime of aggression and violence. Terms such as “date rape” and “acquaintance rape” tend to minimize the fact that the act of rape, or any sexual assault, is a serious crime. There is never an excuse or a reason for a person to rape, assault or even touch another person’s sexual parts without consent. The impact on survivors of such an attack can cause severe and lasting physical, mental and emotional damage.

• Who is a perpetrator?

Most people think of sexual assaults as being perpetrated by vicious strangers on a dark, deserted street. In fact, studies indicate that between 80 and 90 percent of all people who have been raped know their assailant(s). This is called “date rape” or “acquaintance rape.” “Date rape” is not a legally distinct or lesser category of rape. It refers to a relationship and situational context in which rape occurs on a date. Rape or any sexual offense, whether on a date or not, is the same criminal offense involving the same elements of force, exploited helplessness or underage participation. With sexual assaults where the victim knows the assailant, alcohol use is often involved on the part of both the victim and the assailant. However, a sexual assault is still a crime regardless of the intoxication of the assailant or the victim.

• Who is a victim?

Anyone can be a victim, regardless of gender, age, race, sexual orientation, religion, ethnicity, class or national origin. Though women and girls are primary targets of these crimes, men and boys are sexually victimized too, and have been found to suffer the same aftermath as women. Regardless of whether the victim was abusing alcohol and/or underage, she or he is still the victim of the sex offense.

• When is there lack of consent?

Under New York law, lack of consent to a sexual contact may be demonstrated in the following ways: (1) forcible compulsion including the use of physical force or threat (express or implied) which places the person in fear of physical injury to self or another; (2) incapacity to consent on the part of the victim; (3) circumstances in which the victim does not expressly or impliedly acquiesce in the actor’s conduct; or (4) circumstances in which the victim clearly expressed by words or actions that he or she did not consent to engage in such sexual act and a reasonable person would have understood such person’s words or actions as an expression of lack of consent to such conduct.

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Become involved! Email us at cunypolicy08@gmail.com. We currently have an immediate need for:

* A skilled technician with software to make jpg files to post letters of support on the tracker
* A graphic arts designer to help our website designer
* Skilled media savvy persons to chronicle CUNY's progress for the students on campus blogs, radio and television.
* Organizations and individuals to endorse our cause (willing to sign a letter of support)
* Organizations and individuals to join Students for a Greater CUNY as a member