Article 11: Compliance Statement

A. Sexual Assault Compliance Statement

Prepared in compliance with the federal Student Right to Know and Campus Security Act (Title II - Crime and Awareness and Campus Security, Section 668.47 (a) 12) and State Education Law (Section 6450 (1) a).

1. Prevention
   State University of New York at Buffalo Campus Sexual Assault Prevention Compliance Statement: 2006-07 Academic Year

   As part of a continuing University at Buffalo effort to promote the personal safety of the academic community, the following information has been prepared for campus consideration. The information will be updated annually and is available to all current students and employees, as well as incoming students. It is made available to prospective students and employees on request.

   Sexual Assaults on College Campuses
   College students are more vulnerable to sexual assault than any other age group. Nationally, the majority of reported victims and offenders are of college age, with the rate of victimization highest among 16 to 19 year olds. The second highest victimization rate is experienced by women between 20 and 24 years of age. Offender populations shows a similar age distribution.

   Traditionally-aged-college students are vulnerable to being victims of violence. They are typically in a new setting with a variety of environmental stressors, and away from direct parental supervision and past support systems. They are under peer pressure, their identities are not yet firm, their competence is not yet established, and they often have mistaken beliefs about their invincibility. They live among others who are experimenting with new freedoms. Thus, college students are a population at risk.
   

   The most prevalent form of rape on college campuses is acquaintance rape. The acquaintance may be a date or friend of the victim, or someone the victim knows only casually, from a residence hall, a class, or through mutual friends.

   Regardless of the relationship between them, if one person uses force to coerce another into submitting to sexual behaviors, or if consent is not given by the other party, the act is unlawful. The same criminal laws and penalties apply in cases of acquaintance rape and stranger rape, and other forms of sexual assaults.
   

   Many acquaintance rapes involving college students follow similar patterns. Acquaintance rapes often occur at parties or in residential settings. Frequently, the students involved in these assaults have been drinking heavily or using drugs. Detailed UB crime reports and prevention information can be obtained from the Department of University Police.

   There are many suggestions on how campus community members can reduce the risks of sexual assault, including:

   • Walk with confidence and be alert. Assailants are less likely to target a person who appears assertive and difficult to intimidate.
   • Be aware of your surroundings and the people around you.
   • Avoid shrubbery, dark doorways, and other places of concealment while walking. Shun shortcuts through poorly lit areas.
   • Avoid areas where there are few people.
   • Leave your car in places that will be lighted when you return at night.
   • Walk or run with a friend.
   • Before entering a room or car, check to ensure it is safe to proceed.
   • Change directions if you sense you are being followed or someone suspicious is near. Don't be afraid to run or call for help. Go to a store, police or fire station, or a nearby house.
   • Wear clothes and shoes that provide for freedom of movement.
   • Contact the Anti Rape Task Force (ARTF @ 829-2584) walk & van escort service for hours and locations.
   • Use personal safety devices and blue light telephones which may help deter victimization (devices available through University Police).
   • Have first dates in public places. Separate transportation should be considered.
   • Sexual desires and limits should be clearly communicated. Be careful to avoid giving or receiving mixed messages. Remember that leaving a party or other social event with someone you have just met can be dangerous.
   • Be aware that use of force, pressure, or coercion is unacceptable and can lead to sexual assault charges.
   • Don't take silence as consent. Respect the word "NO." Don't have sex with anyone who is drunk or passed out. Intercourse with someone who is unable to give consent or is physically helpless is rape, as defined by state criminal statutes.
   • Seek education on rape prevention. Attend or request workshops and seminars (for both men and women) that are available through University Police, Anti-Rape Task Force, and Erie County Citizens Committee on Rape and Sexual Assault (CORSA: 858-7879).
   • Call the Sexual Assault Information Line (645-3411) for information on action to take in the event of a sexual assault, options in reporting, and resources available to the victim.
   • Many acquaintance rapes involve alcohol or drugs. Avoid drugs and excessive alcohol in a dating situation. Judgment should not be allowed to become impaired.
   • More than 60% of all reported rapes occur between acquaintances and 40% of these occur in the home.

2. Reporting
   State University of New York at Buffalo Campus Sexual Assault Prevention Compliance Statement: 2006-2007 Academic Year

   Reporting Options
   Victims of campus sexual assaults are advised to:

   1. Report the assault. Call University Police at 645-2222 or, if the assault occurs off campus, the Police at 911. Female officers are available upon request. The University at Buffalo strongly encourages assault reporting, but reporting does not mean that you must prosecute. Call the Department of University Police Sexual Assault Information Line for information (645-3411).

   2. Contact a close friend or relative for support.

   3. Seek medical attention immediately. Whether or not you report the assault, you should have a medical examination immediately. The exam is confidential. Medical personnel will test for sexually transmitted diseases, look for physical injuries, and collect physical evidence. If you report the assault, University Police or the police can provide transportation to the hospital and arrange for a Crisis Services sexual assault advocate to meet you there. You may also go to the Student Health Center or call Crisis Services directly. If you choose to go to the hospital without notifying University Police or the local police, the hospital can still collect physical evidence, while protecting your anonymity, in case you later decide to prosecute.

   Several options exist for reporting a sexual assault:

   • File a report with University Police or the local police. Reporting the assault immediately and preserving evidence will give you a foundation for prosecution. If you later decide not to prosecute, the report may help authorities identify the offender and prevent the victimization of others.

   • You may file an anonymous proxy report of the details of the assault with the Counseling Center, or Student Health Center or other campus units, including the student operated Anti-Rape Task Force/Sexuality Education Center. While no police action can be taken against the assailant, the report may help identify a multiple assailant or other patterns.

   • You may also file a complaint with the Student-Wide Judiciary for disciplinary action against the assailant, if the assailant in an on-campus incident is a student. This can be done in conjunction with criminal prosecution, or instead of it.

   When you report an assault, you have the right:

   • To have all incident and medical records kept confidential,

   • To be treated without prejudice regarding race, academic class, lifestyle, sex, sexual orientation, age, occupation, religious beliefs, or physical disabilities,

   • To be made aware of and receive medical treatment, psychological support, and legal counseling,

   • To prosecute or not to prosecute, and

   • To answer only those questions relevant to the crime.

   University Police and local public prosecutors work together closely to explore all options and to obtain convictions in sexual assault cases. UB personnel will assist students in notifying authorities and arranging for a sexual assault advocate, if requested by victim.

   Preserve evidence. In order to preserve the best possible evidence, it is necessary that you not bathe, douche, comb your hair, change clothing, or disturb the area in which the crime occurred.

   Do not blame yourself. The assailant is responsible for the assault, not you. People react in various ways to sexual assault. While some resist, others do not for reasons such as fear, self-blame, or unwillingness to hurt someone they know. It is important to note that any reaction is normal and legitimate. Remember, rape is a crime committed against you, not by you.

   Victim Support Services
   Sexual assault is a traumatic experience, and it is recommended that victims seek counseling. Counseling services are available through the Counseling Center at 645-2720, the student-sponsored Sexuality Education Center at 829-2584, and Crisis Services at 834-3131.
   

   The University and volunteer student organizations maintain a network of counseling and support services for the victims of sexual assault. These campus programs are supplemented by other services available in the Western New York area.
   

   On campus, the University Police Department (645-2222) provides trained response to sexual assault calls. Medical treatment is provided through local hospitals and the Student Health Center. Other victim support is available through the Counseling Center, the Sexuality Education Center, and the Anti-Rape Task Force. In the residence halls, professional and student staff are trained to provide immediate support services to victims while seeking professional resources from other campus agencies. Several off campus agencies are also available to provide victim support services. See UB "Response to Victims of Sexual Assaults" protocol and attached listing of on and off campus resources.

   Victim Accommodation
   The University at Buffalo is committed to accommodating requested changes in student academic and living situations after alleged sex offenses when the changes are appropriate and reasonably available.
   

   Victim requests for accommodations can be directed to University Police, residence hall and apartment officials, the Student Health Center, Judicial Affairs, or other appropriate offices, including the Dean of Students.

   Awareness and Prevention Programming
   The University is committed to increasing the academic community's awareness on issues related to sexual assault and prevention.
   

   Awareness and prevention programming is a key feature of new student orientation programs. Workshops on prevention and reporting are conducted by the University Police Department, Orientation student staff, and some student organizations, like the Sub Board I Players. In addition, sexual assault awareness and prevention information is highlighted in the New Discoveries Guide, which is initially distributed to new students, and then updated annually for returning students.
   

   The University Police provides a variety of programs and publications on sexual assault, available throughout the year. In addition, it sponsors a Personal Safety Task Force which produces an annual campus security report and recommends safety improvements throughout the campuses. The monthly meetings are open to the campus community.
   

   Within residence halls, an emphasis has been placed on staff training, including appropriate materials in manuals, programs, workshops, and publications for the residents.
   

   Other campus units and organizations provide information and programming as well. These include Affirmative Action, Commuter and Off-Campus Student Services, Anti-Rape Task Force, the Sexuality Education Center, Counseling Center, and student governments. Other prevention programs include annual safety fairs and a 5K awareness run.
   

   Additionally, crime prevention and awareness newsgroups are accessible through both the Internet and WINGS.

3. Laws and Conduct
   State University of New York at Buffalo Campus Sexual Assault Prevention Compliance Statement: 2006-2007 Academic Year

   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.
   

   NYS Law contains the following legal provisions defining the crimes related to sexual assault: Sexual Misconduct (Section 130.20) includes sexual intercourse without consent and deviate sexual intercourse without consent. The penalty for violation of this section includes imprisonment for a definite period to be fixed by the court up to one year.
   Rape (Section 130.25/.30/.35) 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. The penalties for violations of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.
   Sodomy (Section 130.40/.45/.50) includes deviate sexual intercourse with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes deviate sexual intercourse with a person under the age of consent. The penalties for violations of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.
   Forcible Touching (Section 130.52) involves the forcible touching of the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor's sexual desire. Forcible touching includes the squeezing, grabbing, or pinching of such other person's sexual or other intimate parts. The penalty for violation of this section includes imprisonment for a period of up to one year in jail.
   Sexual Abuse (Section 130.55/.60/.65) is a series of offenses including sexual contact with a person by forcible compulsion, or with a person who is incapable of consent due to physical helplessness, or due to the person being under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed three months up to imprisonment for a period not to exceed seven years.
   Aggravated Sexual Abuse (Section 130.65-a./.66/.67/.70) occurs when a person inserts a finger or foreign object in the vagina, urethra, penis, or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being physically helpless, or when the person is under the age of consent. The level of this offense is enhanced if the insertion of a finger or foreign object causes injury to the other person. The penalties for violation of these sections range from imprisonment for a period not to exceed seven years up to imprisonment for a period not to exceed 25 years.
   In determining whether conduct constitutes sexual harassment, consideration will be given to the record as a whole and to the totality of circumstances, including the nature of the sexual advances and the context in which the incidents occurred. Certain behavior can be classified as sexual harassment even if a relationship appears voluntary in the sense that one was not coerced into participating. A central element in the definition of sexual harassment is that the behavior is unwelcome.

   Campus Disciplinary Action
   During or upon the completion of an investigation by the University Police Department, 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 or an administrative hearing is instituted. SWJ meets each week. Initial appearance before SWJ is for the purpose of answering to campus charges. 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. 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 University Police Department 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 University Police Department 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 University Police Department 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
   

B. Bias Crimes Prevention Compliance Statement
It is a State University of New York at Buffalo Police mandate to protect all members of the University at Buffalo community by preventing and prosecuting bias or hate crimes that occur within the campus's jurisdiction.

Hate crimes, also called bias crimes or bias-related crimes, are criminal activity motivated by the perpetrator's bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as their race, religion, ethnicity, gender, sexual orientation, or disability. Hate/bias crimes have received renewed attention in recent years, particularly since the passage of the federal Hate/Bias Crime Reporting Act of 1990 and the New York State Hate Crimes Act of 2000 (Penal Law Article 485). Copies of the New York law are available from the Office of the Vice President of Student Affairs.

Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence or previous convictions of the offender. Perpetrators who are students will also be subject to campus disciplinary procedures where sanctions including dismissal are possible.

In addition to preventing and prosecuting hate/bias crimes, the State University of New York at Buffalo Police also assist in addressing bias-related activities that do not rise to the level of a crime. These activities, referred to as bias incidents and defined by the University as acts of bigotry, harassment, or intimidation directed at a member or group within the University at Buffalo community based on national origin, ethnicity, race, age, religion, gender, sexual orientation, disability, veteran status, color, creed, or marital status, may be addressed through the State University's Discrimination Complaint Procedure or the campus conduct code. Bias incidents can be reported to the University Police as well as to the Office of Equity, Diversity, and Affirmative Action.

If you are a victim of, or witness to, a hate/bias crime on campus, report it to University Police by calling 645-2222 in an emergency, using a Blue Light telephone, or stopping by Bissell Hall. University Police will investigate and follow the appropriate adjudication procedures.

Victims of bias crime or bias incidents can avail themselves of counseling and support services from the campus as follows:

1. In the case of physical confrontation or injury resulting from a bias-related incident, contact University Police immediately at (716) 645-2222.
2. For all other bias-related incidents, call the Office of the Vice President for Student Affairs at (716) 645-2982. The Vice President for Student Affairs or his/her representative will immediately contact appropriate offices and departments for responses and follow-up, including (but not limited to) Intercultural & Diversity Center, Judicial Affairs, Campus Ministries, University Counseling Center, and more.

D. Advisory Committee on Campus Security Compliance Statement
The University at Buffalo has instituted a Personal Safety Committee that has student, faculty and staff membership. All meetings are open to the University Community. This committee reviews campus security policies and procedures and issues of related to personal safety and makes recommendations for their improvement. For more information on the Personal Safety Committee please contact the University Police Department at 716-645-2222 or visit their website at www.student-affairs.buffalo.edu/public-safety.

Crime Statistics Availability Statement (Clery Statement)
A copy of the State University of New York at Buffalo campus crime statistics as reported annually to the U.S. Department of Education will be provided upon request by the campus Personal Safety Committee. Please direct all such requests to the University Police at (716) 645-2222 or view campus crime statistics on their website at http://www.public-safety.buffalo.edu/stats.shtml#crime. Information can also be obtained from the U.S. Department of Education website at: http://ope.ed.gov/security/.

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