Monday, April 6, 2009

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

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