Serving College Students Who Are Victims of Violence Office of Victim Services Conference November 7, 2017 Albany, NY Carol Stenger University at Albany Elizabeth Brady Joseph Storch State University of New York

Sexual & Interpersonal Violence The Clery Act Title IX New York State Education Law 129-B SUNY policy You may have heard there are some changes afoot in the federal government.

SUNY’s Got Your Back http://www.suny.edu/gotyourback/

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Resource Site http://www.suny.edu/violence-response/

SAVR Video & Social Media https://www.youtube.com/watch?v=HlTsFY2IlnY

Article 129-B, “Enough is Enough.”

The Policies: 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 the 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 Consent may be initially given but withdrawn at any time.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 When consent is withdrawn or can no longer be given, sexual activity must stop.

Affirmative Consent Definition of 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 the 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.

Alcohol and Drug 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. [College/University] 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. [College/University] 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 [College/University] officials or law enforcement will not be subject to [College/University’s] 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.

The Policies: Amnesty Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases Wasn’t necessary operationally—we’re already doing this Important for training and notifying students What the policy says: good faith, individual, drug use, exceptions

Students’ Bill of Rights The State University of New York and [College/University] are committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in College/University-wide and campus programs, activities, and employment. All victims/survivors of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad:

Students’ Bill of Rights Make a report to 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 pressure 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 health care 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;

Students’ Bill of Rights 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 rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.

Students’ Bill of Rights No relationship to geography Statement of inclusivity How to treat people appropriately, fairly, and equally Wide dissemination Verbatim On the institution’s website Posted in campus residence halls and campus centers Include links or information to file a report and seek a response

The University at Albany: The only SUNY institution that has a The has a distinct department whose miss The only SUNY institution that has a distinct department whose mission is to address sexual violence; advocacy services to student victims/survivors and sexual violence prevention. One of the first SUNY institutions to designate a full-time Title IX Coordinator. ion is to address sexual violence; advocacy services to student victims/survivors and sexual violence prevention. One of the first SUNY institutions to designate a full-time Title IX Coordinator. t department whose mission is to address sexual violence; advocacy services to student victims/survivors and sexual violence prevention.

UAlbany’s Collective Mission Prevention of Sexual Violence Through education and awareness Increase Reports of Sexual Violence By ensuring that your community is informed and that they trust the response Increase Responses to Sexual Violence By supporting the victim and the accused By conducting a prompt, fair, and equitable investigation and adjudication.

Why the need for an Advocacy Center? Advocacy vs. Counseling The Importance of an Active and Visible Advocate on Campus: The Advocacy Center for Sexual Violence Why the need for an Advocacy Center? Advocacy vs. Counseling

Why Do Students Contact the Advocacy Center? Involved in a sexual assault Involved in a violent or abusive relationship Involved in a violent or abusive relationship Someone is stalking them Also for general sexuality & sexual health concerns stalking them Also for general sexuality & sexual health concerns

Overview of Services Support and Advocacy Academic accommodations Residential accommodations Referrals for healthcare needs and exploration of options Assistance throughout a student conduct process Assistance through a criminal process Consultation services- family, friends and faculty, staff and students

Sexual Violence Prevention Peer Programs Development of the Sexual Violence Prevention Project: Gathered key campus constituents to serve on this body An on-going body charged with assisting in the development and facilitation of a comprehensive sexual violence prevention program including facilitating training in bystander intervention Prevention Project: An on-going body charged with assisting in the development and facilitation of a comprehensive sexual violence prevention program including facilitating training in bystander intervention Both of our offices are charged with this mission so we combined efforts and took on a team approach here as well

Our Team The Advocacy Center for Sexual Violence The advocates at the Advocacy Center for Sexual Violence The Advocacy Center for Sexual Violence Title IX Coordinator and Investigators University Police The Division of Student Success Residential Life Student Conduct Officers Student Involvement Marketing and Media Human Resources The Provost/Academic Affairs ion of Student Success

Benefits of Teamwork Allows us to effectively reach our community and increases visibility of the Advocacy Center and the Title IX Coordinator Increases reporting Increases services received by victims The victim and accused better understand the investigation process Thorough investigations can alleviate the need for a hearing or make the hearing process less onerous on the complainant and the respondent.

Onboarding/Training Inside Higher Ed Article: https://www.insidehighered.com/views/2016/03/14/colleges-must-not-only-respond-reports-sexual-violence-also-prevent-it-essay

Onboarding/Training

Comparison Resource http://tinyurl.com/129BComp

129-B Translations http://tinyurl.com/129BTranslation 120 Translations Download and customize for free Affirmative Consent Amnesty Bill of Rights First Response Language http://tinyurl.com/129BTranslation

Visa and Immigration Resource http://www.suny.edu/violence-response/Visa-and-Immigration-Resource/

Customizable Online Training Completely customizable to best reach your students in your campus culture Evidence-based, cutting edge content Meets requirements of Clery/VAWA, Title IX Cost: Free Learn More and Register At: http://system.suny.edu/sexual-violence-prevention-workgroup/online-training/

Customizable Online Training 140+ colleges customizing Representing ~1.5 million students Cost: Free Learn More and Register At: http://system.suny.edu/sexual-violence-prevention-workgroup/online-training/

Tinyurl.com/SUNYWebinars Non-SUNY Personnel: SUNYGTW ListServ Public ListServ, Guidance, Training & Webinars Occasional Emails Visit http://tinyurl.com/SUNYGTW

Serving College Students Who Are Victims of Violence Office of Victim Services Conference November 7, 2017 Albany, NY Carol Stenger University at Albany Elizabeth Brady Joseph Storch State University of New York