University Police
Sexual Assault Prevention Compliance Statement - Part III
State University of New York at Buffalo Campus Sexual Assault Prevention Compliance Statement: 1999-2000 Academic Year
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Laws and Conduct Regulations
The University at Buffalo will not tolerate sexual assault, abuse, or harassment.
All federal, state, and municipal laws apply on campus and are considered part of the University at Buffalo Student Conduct Rules, University Standards, and Administrative Regulations (Conduct Rules). This includes the New York State Penal Law, which details the criminal statutes dealing with sex offenses. According to New York State statutes, there are varying degrees of sexual assault. Sexual Assault of any kind is a crime. In compliance with the University Conduct Rules, any student who is found to have committed physical violence or abuse (including acquaintance rape, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person) is subject to disciplinary action.
Sexual assault is any actual or attempted non-consensual sexual activity including, but not limited to, forcible anal or oral sex, attempted intercourse, or sexual touching, by a person(s) known or unknown to the victim.
Rape is an act of sexual intercourse with a person against his/her will and consent, whether his/her will is overcome by force or fear resulting from the threat of force, or by drugs administered without consent, or when, because of mental deficiency, s/he is incapable of consent, or when s/he is below the arbitrary age of consent, or when s/he is unconscious or otherwise physically unable to communicate willingness. Be aware that having sex with someone who is unable to give consent by being mentally incapacitated or unconscious (passed out) is rape.
New York State law recognizes that a married woman can be raped by her husband. Marriage does not necessarily imply consent. Note that the threat of force is sufficient; many women report fearing for their lives even when their attacker is not carrying a weapon.
Campus Disciplinary Action
During or upon the completion of an investigation by the Department of University Police, details of the alleged assault may be provided to Judicial Affairs. This may be accompanied by a recommendation for suspension, pending a hearing on the matter. If the alleged perpetrator wishes, an immediate meeting with the Director of Judicial Affairs and other appropriate University personnel can be arranged. Such a meeting can be used to clarify the processes available for resolution of the allegations, including possible administrative resolutions, which could involve withdrawal from UB or other sanctions.
Failing an administrative resolution, Student Wide Judiciary (SWJ) proceedings are instituted. SWJ meets each week, but can be called into emergency session if necessary. Initial appearance before SWJ is for the purpose of arraignment. A plea agreement can be reached at this stage if all parties agree on recommended sanctions. If a plea agreement is not feasible, the individual may plead Not Responsible as charged, and this plea will result in a hearing date in 10 days, or sooner if the individual wishes. Law student prosecutors and defenders assist in the presentation of evidence and a defense. This occurs before a panel of three student justices.
When appearing or testifying before a campus judicial body, the following principles apply:
- The accuser and the accused have the right to have a person or persons of their choice accompany them throughout disciplinary hearings.
- Both have the right to remain present during the entire proceeding,
- Irrelevant past sexual history will not be discussed during the hearing.
- The right to make a "victim impact statement" and to suggest an appropriate penalty if the accused is found in violation of the code.
- Both parties have the right to be informed immediately of the outcome of the hearing.
Penalties and Sanctions
Under New York's Penal Law, criminal sex offenses are classified from Class A Misdemeanors through Class B Felonies. These offenses, including sexual abuse, sexual misconduct, and rape, are punishable by sentences ranging from six months to 25 years imprisonment,and fines.
On campus, judicial bodies established to consider cases involving student violations can institute a range of sanctions, including: warnings, notation on record, restitution, removal from residence halls, loss of privileges as may be consistent with the offense committed and the rehabilitation of the student, disciplinary probation (with or without loss of designated privileges for a definite period of time), suspension* from the University for a definite or indefinite period of time, or expulsion* from the University. Other sanctions as may be approved by the University's judicial bodies as well.
* These sanctions, when recommended, are submitted for final review implementation by the President or disciplinary designee.
Information on Security Procedures
The campus community is advised and updated on safety and security through a variety of methods. These include publication of the Annual Security report, which focuses on crime awareness and personal safety. The report is printed annually in campus newspapers.
In addition, the Department of University Police widely distributes other publications on security issues, including Safety Awareness, Preventing Acquaintance Rape, and University Police. Safety and security issues are also prominently featured in the Guide to Residence Hall Living and New Discoveries Student Guide.
Several times each year, University Police and the Personal Safety Committee circulate Gendarme, a newsletter on campus safety issues and personnel.
Notification is also made to the campus community, as appropriate, on specific threats to campus safety through campus media, publications, posters, and other methods.
The Department of University Police provides a weekly listing of crime on campus that details the date, time, location, and offense of campus criminal incidents. The listing is circulated to campus offices and is summarized weekly in the campus newspaper, The Reporter and the student newspaper, The Spectrum.
Many campus units participate in the University's crime prevention education program. The Department of University Police conducts workshops and distributes safety information regularly. The campus Personal Safety Task Force meets regularly to review campus crime policies and procedures and has instituted an information campaign to increase student awareness. Each student orientation program has a workshop on crime and sexual assault prevention. In addition, the Residence Life program and many student organizations conduct education, staff training and prevention programs.
Office of the Vice President for Student Affairs
