Silence or lack of resistance, in and of itself, does not demonstrate consent. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT AN INSTI- TUTION'S ABILITY TO PROVIDE AMNESTY IN ADDITIONAL CIRCUMSTANCES. MAKE A REPORT TO LOCAL LAW ENFORCEMENT AND/OR STATE POLICE; 2.
The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression." Policy for Alcohol and/or Drug Use Amnesty: Provides that no bystander or victim that reports, in good faith, any incident of sexual assault, domestic violence, dating violence, and stalking, will be charged with an alcohol or drug use violation of the institution's code of conduct. LICENSED MENTAL HEALTH COUNSELORS, MEDICAL PROVIDERS AND PASTORAL COUNSELORS ARE EXAMPLES OF INSTITUTION EMPLOYEES WHO MAY OFFER CONFIDENTIALITY. "PRIVACY" MAY BE OFFERED BY AN INDIVIDUAL WHEN SUCH INDIVIDUAL IS UNABLE TO OFFER CONFIDENTIALITY UNDER THE LAW BUT SHALL STILL NOT DISCLOSE INFORMATION LEARNED FROM A REPORTING INDIVIDUAL OR BYSTANDER TO A CRIME OR INCIDENT MORE THAN NECESSARY TO COMPLY WITH THIS AND OTHER APPLICABLE LAWS, INCLUDING INFORMING APPROPRIATE INSTITUTION OFFICIALS. HAVE DISCLOSURES OF DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, AND SEXUAL ASSAULT TREATED SERIOUSLY; 3.
“Enough is Enough” reinforces and expands the response and prevention work offered to all students at SU.
Syracuse University was an early endorser of this legislation.
Summary of Provisions: Section 1 of the bill would amend the education law by adding a new article 129-B that provides the following: A Statewide Uniform Definition of Affirmative Consent to Sexual Activity: This legislation implements a statewide definition of affirmative consent to read as follows: "Affirmative consent is a knowing, voluntary and mutual decision among all participants to engage in sexual activity. 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 WHEN CONSENT IS WITHDRAWN OR CAN NO LONGER BE GIVEN, SEXUAL ACTIV- ITY MUST STOP. STRONGLY ENCOURAGES STUDENTS TO REPORT DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, OR SEXUAL ASSAULT TO INSTITUTION OFFICIALS.
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. 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 OFFICIALS OR LAW ENFORCEMENT WILL NOT BE SUBJECT TO 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 SEXU- AL ASSAULT." 2. EVERY INSTITUTION SHALL ADOPT AND IMPLEMENT THE FOLLOWING "STUDENTS' BILL OF RIGHTS" AS PART OF ITS CODE OF CONDUCT WHICH SHALL BE DISTRIBUTED ANNUALLY TO STUDENTS, MADE AVAIL- ABLE ON EACH INSTITUTION'S WEBSITE, POSTED IN CAMPUS RESIDENCE HALLS AND CAMPUS CENTERS, AND SHALL INCLUDE LINKS OR INFORMATION TO FILE A REPORT AND SEEK A RESPONSE, PURSUANT TO SECTION SIXTY-FOUR HUNDRED FORTY-FOUR OF THIS ARTICLE, AND THE OPTIONS FOR CONFIDENTIAL DISCLOSURE PURSUANT TO SECTION SIXTY-FOUR HUNDRED FORTY-SIX OF THIS ARTICLE: "ALL STUDENTS HAVE THE RIGHT TO: 1.
This Student Bill of Rights was established by New York State Education Law Article 129-B, which goes into effect on October 7, 2015.A Bill of Rights for consumers of the services of licensed professionals is available in four languages to help insure that consumers are well informed when seeking and using the services of licensed professionals.ASSESSING THE EFFECTS OF FAMILIES FOR SAFE DATES, A FAMILY-BASED TEEN DATING ABUSE PREVENTION PROGRAM, Vangie A. Cornelius and Nicole Resseguie, , Cara Spaziani, Knight Ridder / Tribune, June 10, 2005. Howard, Min Qi Wang and Fang Yan, (42 , pages 311-24), Safety Lit, San Diego, CA: 2007.Students' Bill of Rights: Requires that an institution adopt and implement a "Students' Bill of Rights" as part of its code of conduct. INSTITUTIONS MAY SUBSTITUTE ANOTHER RELEVANT TERM HAVING THE SAME MEAN- ING, AS APPROPRIATE TO THE POLICIES OF THE INSTITUTION. "ACCUSED" SHALL MEAN A PERSON ACCUSED OF A VIOLATION WHO HAS NOT YET ENTERED AN INSTITUTION'S JUDICIAL OR CONDUCT PROCESS. "RESPONDENT" SHALL MEAN A PERSON ACCUSED OF A VIOLATION WHO HAS ENTERED AN INSTITUTION'S JUDICIAL OR CONDUCT PROCESS. "REPORTING INDIVIDUAL" SHALL ENCOMPASS THE TERMS VICTIM, SURVIVOR, COMPLAINANT, CLAIMANT, WITNESS WITH VICTIM STATUS, AND ANY OTHER TERM USED BY AN INSTITUTION TO REFERENCE AN INDIVIDUAL WHO BRINGS FORTH A REPORT OF A VIOLATION. "SEXUAL ACTIVITY" SHALL HAVE THE SAME MEANING AS "SEXUAL ACT" AND "SEXUAL CONTACT" AS PROVIDED IN 18 U. 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 BY THE INSTITUTION; 4.The Bill of Rights shall include, but is not limited to, the opportunity to report a sexual assault to law enforcement or the institution, to be protected from retaliation, and to access services and resources. PARTICIPATE IN A PROCESS THAT IS FAIR, IMPARTIAL, AND PROVIDES ADEQUATE NOTICE AND A MEANINGFUL OPPORTUNITY TO BE HEARD; 5.