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Know Your Rights

Understand your rights under the New York State Education Law Article 129-B — Enough is Enough Legislation, including understanding your student bill of rights, affirmative consent and amnesty. Questions about these protections can be directed to the Title IX Office.

Students’ Bill of Rights Under NYS Education Law Article 129-B

The following explains the Students’ Bill of Rights Under New York state Education Law Article 129-B — Enough is Enough Legislation.

  • Make a report to University Police, local law enforcement and/or state police.
  • Have disclosures of domestic violence, dating violence, stalking and sexual assault treated seriously.
  • Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressures from the institution.
  • Participate in a process that is fair, impartial and provides adequate notice and a meaningful opportunity to be heard.
  • Be treated with dignity and to receive from the institution courteous, fair and respectful healthcare and counseling services where available.
  • Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations.
  • Describe the incident to as few institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident.
  • Be free from retaliation by the institution, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution.
  • Access to at least one level of appeal of a determination.
  • Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process.
  • Exercise civil right and practice of religion without interference by the investigative, criminal justice or judicial or conduct process of the institution.

Affirmative Consent

Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression. 

  • Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
  • Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
  • Consent may be initially given but withdrawn at any time.
  • Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
  • Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
  • When consent is withdrawn or can no longer be given, sexual activity must stop. 

Amnesty

The health and safety of every student at the State University of New York and its state-operated and community colleges is of utmost importance. SUNY Plattsburgh recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. SUNY Plattsburgh strongly encourages students to report incidents of domestic violence, dating violence, stalking or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to SUNY Plattsburgh officials or law enforcement will not be subject to SUNY Plattsburgh policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking or sexual assault.

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