Sexual Violence

 

The Mission of the Equity, Diversity and Inclusion Office at the State University of New York at Buffalo:

To provide assistance in the University’s goal to promote diversity and a climate welcoming of a diverse faculty, staff, student body and the University community.

To effectively oversee policies governing discrimination, harassment, reasonable accommodation, religious accommodation, child protection and recruitment.

To ensure that issues of harassment, discrimination and accommodation are addressed in a timely and effective manner that does not tolerate retaliation.

To assist the University in its commitment to foster and sustain a working and learning environment where each member of the community can succeed.

 

Introduction

The State University of New York at Buffalo sustains a diverse and inclusive culture across all dimensions including but not limited to race, sex, age, national origin, creed, socioeconomic class, disability, gender expression, gender identity, sexual orientation, marital status, and parental status.

“Nobody in our culture is untouched or immune to the effects of sexual assault and interpersonal violence. Athletics has a unique platform on most campuses from which it can visibly and vocally support its colleagues across campus who are working to make the campus safer for all students. Students who are survivors of violence often experience a negative impact on their academic performances, relationships with peers and the ability to be involved in or benefit from campus life. Athletics can be a powerful and effective partner in changing the culture of our college campuses.” (Athletics Role in Support of Healthy and Safe Campuses, NCAA)

 

NCAA

Executive Committee Statement on Sexual Violence Prevention and Complaint Resolution:

WHEREAS NCAA Constitution Article 4.1.2 charges the NCAA Executive Committee with identifying core issues that affect the Association as a whole and with overseeing Association-wide issues and ensuring that each division operates consistent with the basic purposes, fundamental policies and general principles of the Association;

WHEREAS the Executive Committee regularly takes action to preserve and enhance student-athlete health, safety and well-being and promote nondiscriminatory and effective learning and competitive environments;

WHEREAS NCAA Constitution Article 2.2.3 requires each member institution to protect the health of, and provide a safe environment for, each of its participating student-athletes;

WHEREAS the U.S. Department of Education Office for Civil Rights has issued guidance related to sexual harassment, bullying and violence against all students under Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681et seq, which applies to all educational activities, including athletics programs, of higher education institutions receiving federal financial assistance and which states that sexual harassment includes rape, sexual assault, sexual battery, sexual coercion and gender-based harassment. Now, Therefore, Be It Resolved, that the Executive Committee recognizes the importance of addressing the abhorrent societal issue of sexual violence, especially when it occurs on our campuses. The Executive Committee acknowledges that it is our members’ collective responsibility to maintain campuses as safe places to learn, live, work and play. The Executive Committee expects NCAA members to ensure that the values and principles articulated in the Constitution to protect the health and safety of student-athletes, operate fairly and ethically, and further to assure that student-athletes are neither advantaged nor disadvantaged by special treatment and that institutions’ athletics departments must:

  • Comply with campus authorities and ensure that all athletics, staff, coaches, administrators and student-athletes maintain a hostile-free environment for all student-athletes regardless of gender or sexual orientation; know and follow campus protocol for reporting incidents of sexual violence; report immediately any suspected sexual violence to appropriate campus offices for investigation and adjudication;
  • Educate all student-athletes, coaches and staff about sexual violence prevention, intervention and response;
  • Assure compliance with all federal and applicable state regulations related to sexual violence prevention and response; and
  • Cooperate with but not manage, direct, control or interfere with college or university investigations into allegations of sexual violence ensuring that investigations involving student-athletes and athletics department staff are managed in the same manner as all other students and staff on campus.

http://www.ncaa.org/sites/default/files/Sexual-Violence-Prevention.pdf

 

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.

  • 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.

Adopted from State University of New York Sexual Assault & Violence Response (SAVR) Resources

https://www.suny.edu/violence-response/

 

Equity, Diversity and Inclusion

UB is committed to providing victims of sexual assault, domestic violence, dating violence and stalking with options, support and assistance to ensure that they can continue to participate in University programs and activities.

THE STATE UNIVERSITY OF NEW YORK AT BUFFALO DISCRIMINATION AND HARASSMENT POLICY

http://www.buffalo.edu/administrative-services/policy1/ub-policy-lib/discrimination-harassment.html

 

UB provides detailed information and resources related to sexual assault, domestic violence, dating violence and stalking to all members of the university community. This information includes:

  • The State University of New York at Buffalo Student Bill of Rights
  • Confidentiality and reporting protocol
  • if someone has experienced sexual assault

Please see: http://www.buffalo.edu/equity/USE

 

Sexual Assault and Harassment Guidelines

 

Sexual Assault Report Checklist

Assess the victim's immediate safety and take reasonable steps to assist in alleviating further concerns for safety. Offer a private area to talk.

Explain that an anonymous sexual assault or domestic violence report will be filed with the University and Office of Equity, Diversity and Inclusion (Title IX). Explain the reason for this report.

If the assault occurred in the last 72 hours, inform the student about the optional services in the area which include a medical evidentiary exam, emergency contraception, HIV PEP counseling, and a physical examination. Offer to arrange transportation through University Police and if available, accompaniment by community advocate, to the hospital or UHS.

University Health Services for medical advice and appropriate follow-up care, such as HIV/STI testing 6-8 weeks post- exposure.

Encourage student to consider taking advantage of counseling services available at University Counseling Services and offer to facilitate such a meeting. Also, present counseling options in the community and offer to connect them by calling for an appointment, or walk them over if the student needs immediate crisis counseling.

Encourage the student to consider filing a report with campus police, Student Conduct and Advocacy, or the Title IX office. Some options for reporting can be anonymous or confidential.