Frequently Asked Questions

Answer: 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.

Answer: If the other person knew or should have known that the individual was incapacitated, there is no consent.

Answer: An individual who experienced domestic violence, dating violence, stalking, and/or sexual assault and is making a report, either confidentially, anonymously, or officially to the Title IX coordinator, University Police, or a local law enforcement agency.

Answer: Someone who has been named in a report as someone who caused harm to another through actions that are defined as domestic violence, dating violence, stalking, and/or sexual assault.

• Let the individual know as soon as they begin to or you believe they are about to report an incident that you are NOT a confidential resource and anything they tell you must be reported to the Title IX coordinator.
• Offer the individual other reporting options
• Listen carefully and take each report seriously
• Be familiar with our policies on sexual harassment, sexual violence, discrimination and interpersonal violence
• Let the individual know of resources available to them on campus and in the community
• Report the information to the Title IX coordinator as soon as possible

Affirmative Action & Equal Opportunity Policies, Procedures & Guidelines

It is important to be careful with the language you use when helping an individual who has been impacted by discrimination, harassment or violence. Please know that you are not expected to be an expert or have all the answers. Be honest with the person you are talking with. Assure them that while you will not be the person to help them throughout the whole process of getting support and/or justice, you will work to get them to the right people and resources.

Things To Think About

Making sure the person is safe in the moment is the primary concern. Things to ask:

• Do they feel their safety is at risk if they leave your presence? If so, please contact University Police or 911. They can work to engage safety measures, such as taking a police report and/or working with Title IX and housing to set up emergency housing.
• Are they a danger to themselves? If so, please contact campus Counseling Services at 518-564-3086 and/or University Police at 518-564-2022, or 911. They can work to engage safety measures, such as crisis counseling and/or mental health support.
• Do they want medical attention? This could mean for general physical health or could be for a SANE examination at the local hospital.

When an incident of domestic violence, dating violence, sexual violence or stalking occurs, it may be critical to preserve evidence of the crime for use in a criminal or disciplinary proceeding. Do not shower, bathe, or wash; change clothes; launder clothing or bedding; comb hair; drink, eat, or do anything to alter physical appearance until a physical examination has been completed. Do not throw away other physical evidence such as condoms, towels, etc. Preserve electronic messages and other records that may be related. Forensic examinations can help preserve evidence in case the reporting individual decides to file a report. Forensic examinations can be obtained at UVM Health Network – Champlain Valley Physicians Hospital (CVPH) at 75 Beekman St., Plattsburgh, NY 12901 (518-561-2000).Completing a forensic examination does not require filing a police report or with the college.

• Do they have safe housing? If no, please contact Title IX at 518-564-3281 and/or University Police. Either office can work with housing to set up emergency housing.

You are not conducting an investigation. Don't work to get deep details. What we would like to know upon receiving a report (though answering these questions should be voluntary by the person speaking to you):

• Who is the person reporting the information to you?
• Who is the person who is reported to have been harmed?
• Who is the person who is reported to have caused harm?
• Where is the incident(s) reported to have occurred?
• What was the date/time of the reported incident(s)?
• Who else has this person reported this information to?
• What is the nature of the reported incident (e.g. harassment, discrimination, sexual violence, interpersonal violence)?

Do not ask questions such as: “What were you wearing?”; “Did you say no?”; “Why didn't you tell me before now?”; “Why didn't you fight back?”; “Do you have proof?”; “Were you drinking?”.

Listen as much as possible. If you are unsure what to say, don't try to fill the silence with questions or pity. Instead, please work to make sure the person feels heard by repeating back to them what they have shared and reassuring them that you will help them get connected to resources.

 

Even if you are unsure if what was reported to you rises to the level of discrimination, harassment and/or violence, it is important that you still communicate with the Title IX coordinator to know for sure and/or troubleshoot ways to prevent the reported conduct to rising to the level of such.

Contact:

Kim Irland, Interim Title IX coordinator
[email protected]
518-564-3281

Please contact the Title IX coordinator as soon as possible. As an employee without confidential status, you are required to share everything including names of individuals involved. In response, the Title IX coordinator will do the following:

• Inform the reporting individual of available resources and options for formal action, informal resolution options, accommodations (housing, academic, job placements/support, etc.), as well as rights under state and federal legislation/regulations;
• Cross-check the report and information with previous reports to look for patterns and assess campus safety risk;
• Initiate prompt and thorough investigations when appropriate; 
• Move toward corrective action when determined a law and/or policy was violated;
• Keep the information private and share only with whom and as necessary to fully serve the involved parties and college;
• Work collaboratively to stop, remedy and prevent any further misconduct/harm.

If you have further questions about your responsibilities to report as an employee (based on job status/employee relation agreements), please connect with the Title IX coordinator and/or your supervisor. Failure to follow these expectations could result in disciplinary action.

Some examples of sexual assault include, but are not limited to:

• Someone touching, fondling, kissing or making contact with the intimate parts of your body without your consent;
• Rape — Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Answer: Sexual assault is a form of sexual harassment.

Answer: Yes. The definition is the same regardless of who the accused is — if there was no consent, there is sexual assault.

Answer: Yes. One must look at the circumstances to determine whether there was consent with respect to each sexual act. If there is consent to one sexual act, but not for another, the act for which there is no evidence of consent is sexual assault.

Answer: No. Physical resistance is not required. There is no consent if a reasonable person would believe that there was no mutually understood, freely given agreement to the sexual activity. Some individuals who are assaulted freeze up or describe feeling a mind from body detachment. During this time, individuals are unable to speak, move, or respond to show resistance.

Answer: Reactions to a traumatic experience such as sexual assault vary from person to person. Below are some examples of physical and emotional feelings that may occur:

Physical:

• Aches and pains: headaches, backaches, stomach aches.
• Sudden sweating and/or heart palpitations.
• Changes in sleep patterns, appetite, interest in sex.
• Digestive problems.
• Easily startled by noises or unexpected touch.
• More susceptible to colds and illness.

Emotional Reactions:

• Shock
• Disbelief
• Embarrassment
• Shame
• Guilt
• Depression
• Disorientation
• Denial
• Fear
• Anxiety
• Anger
• Social Withdrawal
• Self-Blame
• Concern for the assailant
• Lack of concentration, resulting in academic difficulties

Answer: You have a right to have support from the campus community. You may report confidentially, anonymously, formally, or choose not to report at all. Despite the choice in relation to reporting, there are supports on campus and off campus for physical, mental, and emotional support, such as health care professionals and outlets, counseling, and advocacy. If you have more questions, please contact your Title IX coordinator at 518-564-3281 or [email protected]

Answer: You can always report a sexual assault to the police and/or Title IX coordinator regardless of when it occurred. However, it may be helpful for you to know that the sooner you file a report after the crime, the better the chances that helpful evidence can be collected to support a criminal case, that you will be able to convey a clear account of what happened, and that the police and college will be able to identify and speak with witnesses. If you wish to report the assault to the police, it is strongly recommended that you do so as soon as possible after the assault. Also, if you choose to report the incident to the Title IX coordinator for campus judicial charges you may do so at any time and your options will be reviewed.

Answer: The same resources and reporting options that are available to students and employees on campus are available to individuals sexually assaulted in another country on a university-sponsored study abroad program. However, the laws in each country may vary on what constitutes a sexual assault and how such matters are handled by police and/or courts in comparison to the United States.

Answer: Signs of incapacity include, but are not limited to: slurred speech, bloodshot eyes, stumbling or difficulty maintaining balance, vomiting, inability to focus eyes, inability to communicate/comprehend situation, and unconsciousness. If you are unsure whether someone is incapacitated, protect yourself and that person by not engaging in sexual contact.

Answer: No. If you have been sexually assaulted while underage and intoxicated, neither you nor a friend assisting you will be charged with underage drinking by SUNY Plattsburgh.

Answer: 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 Code of Conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

SUNY Plattsburgh's Sexual Harassment and Sexual Violence Policy holds perpetrators accountable for their actions, through campus judicial or personnel procedures if appropriate, and by working with community agencies and law enforcement as appropriate.

Answer: Alcohol is present in 80-85% of reported rapes. Drinking too much in no way makes being raped or assaulted the fault of the person assaulted. Legally, if you were intoxicated or passed out as a result of over-drinking or drugs, it was impossible to give consent. Alcohol and/or drugs are often used as a tool by perpetrators.

Answer:

Get to a safe place and call a sexual assault crisis center for information or support. Determine whether you want to report the incident to the police. If there is any chance you do want to report the assault, you should not shower, bathe, change clothes or straighten up the area until medical and legal evidence is collected because these actions will destroy evidence.

If you want to report the incident, first call the police and then go to the hospital and have medical evidence collected.

If you do not want to report the assault to the police or are unsure if you want to report it to the police, it is very important that you still go to a hospital, clinic or private doctor for treatment of external and/or internal injuries, tests for pregnancy and STDs, and support services.

Request a urine test as quickly as possible to detect the presence of drugs because every hour matters. Chances of getting proof that you were drugged are best when the sample is obtained soon after the substance has been ingested, but depending on the substance used, the test can be reliable even on a sample obtained 72 hours later.

Answer: When the police arrive, they will first assess your medical needs to determine if you need to go to the hospital immediately. Then, the officer will begin to interview you about what happened. Even though this is often difficult, it is necessary if a police report is to be completed. You have the option and right to request an advocate at any point within this process.

Keep in mind that you can take someone along with you to support you at the hospital. You also might consider having a victim’s advocate to accompany you and support you through the exam. This is your choice. CVPH medical center has a S.A.N.E (Sexual Assault Nurse Examiner) room and can help you through the process of collecting physical evidence while above all ensuring your safety and health.

Answer: The benefits of reporting the assault to the police are that the police can preserve evidence of the assault; the police can advise a reporting individual on safety planning techniques, including how to obtain a restraining order and/or protective order.

University Police, as well as the Title IX coordinator can issue an interim “No Contact Order.”

The police can escort a reporting individual to obtain the necessary medical treatment; the police can inform the reporting individual of eligibility for state crime victim compensation funds (compensation for medical and dental expenses related to the crime, counseling, lost wages, and other assistance); and the police will assist with prosecuting the accused, which can lead to punishment of the accused and protection of the reporting individual and others in the community from being victimized in the future.

If individuals who commit sexual assault offenses are not apprehended and prosecuted, research demonstrates that they may continue to commit sexual offenses.

Answer: You are not required to file a criminal report. The decision whether to report the assault to the police is entirely your decision to make. If you choose not to report the assault to the police, you are still encouraged to obtain medical treatment and contact an advocate to assist you with recovering from this event. Additionally, the Title IX coordinator can assist you in filing a report to pursue campus judicial charges. The Title IX coordinator can conduct an investigation and the accused student could face dismissal or suspension from campus. The reporting individual does not have to participate in the actual hearing in order for campus charges to move forward.

Answer: Individuals are responsible for their own conduct and will be held accountable, which could mean dismissal from college. By coming forward, you are helping to prevent sexual assault from happening to other community members in the future and are not responsible for the initial conduct of said individual or the outcome.

Answer: No. The Title IX coordinator is assigned as the Title IX investigator and will serve as the individual presenting the information at a hearing. You will have three options: participate in person at the hearing, submit a written statement, or not participate at all.

Answer: You have two options. Both can be done online:

• File a “Silent Witness” criminal report with University Police.
• File a Title IX Anonymous Report

Answer: If you do not want to report it, but want to talk to someone confidentially, please contact the on-campus advocate; off-campus advocates, Sexual Assault Services at 877-212-2323. Counselors on or off-campus can also help you determine whether what happened to you is sexual assault in a completely confidential environment. You have the option of not reporting the incident.

Answer: Sexual assault is a form of prohibited sexual harassment, and SUNY Plattsburgh has an obligation under the law and its policies to address assault and harassment when it happens to a member of the SUNY Plattsburgh campus. The Title IX coordinator tracks patterns, incidence, and must assess the campus-safety risk when an assault is reported.

Answer: SUNY Plattsburgh will work with you to identify options that will help you feel safe – for example, identifying alternative living arrangements, parking and transportation issues, and/or academic/social concerns, as well providing you with information regarding obtaining a protective order or restraining order. The Title IX coordinator and representatives from other on-campus resources can assist you with this, as an advocate can be a resource, as well.

 

Answer: Not unless you choose to. The reporting individual can request a change of housing, but ultimately the responding individual would be moved to accommodate the reporting individual if that were the favorable choice.

Answer: The Title IX coordinator can work to make appropriate accommodations in relation to academic courses. As a SUNY Plattsburgh student you have a right to an education free from violence, hostility, or intimidation. The Title IX Coordinator will work with the reporting individual to see which course of action is best in the situation and for the reporting individual.

Answer: If you decide to file a complaint regarding the sexual assault, the Title IX coordinator will outline options in relation to subsequent action. The Title IX coordinator can respect the autonomy of the individual’s needs and choices, as long as no imminent or larger campus safety concern is identified.

If the student or employee wishes to go forward with charges, the Title IX coordinator will conduct and investigation, notify the responding individual, and contact other individuals deemed necessary and appropriate to communicate with. As a reporting individual you always have the option to attend a judicial hearing, but are not required to. This extends to any appeal processing following an initial judicial hearing and outcome. The Title IX coordinator must act promptly and equitably.

Except in unique/extenuating circumstances, a Title IX investigation must be completed in 60 days. The case will be reviewed based on a standard of the preponderance of evidence, meaning a reasonable person would find it is more likely than not, that one person’s account is more credible than another’s (51%).

Answer: Title IX of the Educational Amendments Act prohibits sex discrimination and sexual harassment at educational institutions requiring federal funding, in addition to requiring equity in sports. The Title IX coordinator is the individual responsible for ensuring compliance with the law at SUNY Plattsburgh. Sexual Assault is a form of sex discrimination.

Answer: The rights of the person accused of sexual assault and the person reporting a sexual assault are set forth in detail in the Student Conduct Manual. Larry Allen, director of student conduct can provide additional information in this area.

Answer: The director of student conduct may impose a range of sanctions, including suspension or dismissal from SUNY Plattsburgh.

Answer: You will have the opportunity to fully provide your side to the investigator. If there is evidence to establish that you have been falsely accused, that will be considered in the investigation, and the investigator’s analysis of the evidence will be provided in a written report upon completion of the investigation.

Answer: Listen carefully. Take the time to hear what the other person is communicating. If you feel you are getting “mixed messages,” ask for a clarification. Don’t fall for the common stereotype that when someone says “No” they really mean “Yes.” “No” means “No.” If someone says “No” to sexual contact or they are not sure if they want to engage in the sexual activity, stop immediately.

It is the responsibility of the person initiating sexual contact or intercourse to get affirmative consent. If it is not clear, you are putting that person and yourself at risk for harm.

Remember that “date rape” is a crime. It is never acceptable to use force in sexual situations, no matter what the circumstances. Don’t assume that your date wants to have sex:

• because they drink, dress provocatively, or agree to go home with you;
• because they had sex with you previously;
• because they willingly engage in kissing and/or other sexual interaction; or
• because you bought them dinner and drinks.

Be aware that having sex with someone who is mentally or physically incapable of giving consent is rape. If you have sex with someone who is intoxicated to the point of incapacitation, drugged, passed out, incapable of giving consent or unaware of what is happening, that is a crime.

Get involved if you believe someone is at risk. If you see someone using force or pressuring another person, don’t be afraid to intervene by getting help. You may save someone from being assault.

If you have a question that is not here, please contact the Title IX coordinator:

Kim Irland
[email protected]
518-564-3281