New York State Immunization Laws
The New York State Public Health Law mandates that students residing in New York State and born on or after January 1, 1957, must provide the College with documentation of immunization for measles, mumps and rubella within 30 days of enrolling. Students from out of state or international students have 45 days from enrolling to provide acceptable documentation. The documentation consists of either of the following: Official blood test results confirming that you have been tested and you are immune to the above diseases. Arrangements for such blood tests are most easily made through your own physician, or, if you are part of a health maintenance organization, then through its services; or a statement or form signed by a health provider confirming that you have been immunized by vaccine for the above diseases. This confirmation must also include the dates of immunization, and show that one dose of the mumps and rubella vaccines and two doses of the measles vaccine were administered.
Your healthcare provider or a City Health Department clinic can administer the immunizations and provide the appropriate documentation. In addition, if your employing company or organization has a medical office, you may be able to get your immunizations there. If you carry medical insurance or are part of a health maintenance organization, check to see if the costs for either the blood test or the immunizations are reimbursable or covered. There are public health clinics where immunization can be obtained without charge. However, clinics tend to be crowded, particularly prior to the start of the semesters at colleges all over New York State. New York State also requires colleges to notify all students of the dangers of meningitis an infection, which can lead to high fever, headache, vomiting and skin rash. It is easily spread through nose or throat discharges of an infected person. Vaccines are available from your health practitioner. MCNY is required to inform all students of the dangers of this disease and secure a signed statement from each student that they are aware of the dangers of this disease and understand that they may take steps to be properly immunized and thereby protect themselves from infection.
Certain individuals are exempt from these new requirements including those who sign a statement indicating that they hold sincere religious beliefs, which prohibit such immunizations, and those with certain documented medical conditions—early pregnancy, for example. A physician’s confirming statement is required and should be attached to the medical form already provided. Medical forms are distributed to all students at the time of admission. These must be completed and returned to the appropriate office within 30 or 45 days of enrolling, and will become part of the student’s official record.
A student who fails to comply with this law may be administratively withdrawn and will not be allowed to register for the subsequent semester. Additionally, the student’s financial aid may be negatively affected.
Policies with Regard to Alcohol, Drug-free Schools and Communities
The unlawful use, manufacture, distribution, dispensation, sale or possession of any illegal drug or controlled substance—without a valid prescription—is prohibited. This policy covers all illegal drugs, alcohol and legal drugs, which impair a student’s or employee’s ability to successfully complete his or her work or educational program at the College. Students are prohibited from reporting to the College or to work or fieldwork while under the influence of any illegal drug or controlled substance including alcohol. Violation of this policy may be grounds for serious disciplinary action, up to and including dismissal. Individuals suffering from drug or alcohol abuse are encouraged to seek assistance from their doctor who can refer them to proper treatment or rehabilitation programs. The College also reserves the right to require individuals to undergo a medical evaluation under appropriate circumstances. As an institution of higher education, the College believes that education and information about the risks imposed by the use of drugs will help reduce abuse. Therefore, as part of its educational effort each semester the College organizes at least one drug education seminar for students, and encourages all to attend. This supplements material and information about drugs that are incorporated into the curriculum. A list of referrals regarding available treatment, special resources, community drug prevention programs, etc., is available by contacting the office of student services.
Suspension of Federal Financial Aid Eligibility for Drug Related Offenses
A student who has been convicted of any offense under any federal or state law involving the possession or sale of a controlled substance shall not be eligible to receive any federal grant, loan or work assistance during the period beginning on the date of such conviction and ending after the interval specified in the following table:
If convicted of an offense involving
||Possession of Illegal Drugs
||Sale of Illegal Drugs
1 year from date of conviction
2 years from date of conviction
2 years from date of conviction
In accordance with New York City Smoke-Free Air and New York State Clean Air Acts, smoking is prohibited in all areas of the College including common area spaces and private offices. These areas include, but are not limited to, hallways, lobbies, classrooms, corridors, bathrooms, stairwells, elevators and landings, the computer learning centers, library, lounge areas, meeting and conference rooms, storage rooms, machine and utility rooms. Smoking is defined as the burning of a lighted cigar, cigarette, electronic cigarette, pipe or any other substance that contains tobacco.
Eating and Drinking
Please confine eating or drinking of nonalcoholic beverages to the student lounge area on the 12th floor and other approved non-classroom areas.
Children are not allowed in classrooms, the hall areas surrounding the classrooms, the learning centers, or the library. Security will prevent students arriving with children from entering these areas. Another key concern is the safety of children, especially those who are unsupervised, or who may stray from their guardians. The potential for accidents is the primary reason to exclude children from these areas. Children are permitted on the premises when accompanied by an adult, if the student is completing an administrative task, such as registration, financial aid counseling, payment and the like. If the child becomes disruptive, the student may be asked to leave the premises and return on another day to complete his or her transaction.
The College campus in Manhattan is open Monday through Friday until 10:30 pm. On Saturdays the campus closes at 7pm.
Use of Campus Facilities
Students who wish to reserve College classrooms, lounges or meeting areas for student activities must contact Student Services.
Other Prohibited Actions
As a general rule, and to the extent that these impact on others by way of disruptive endangerment or lack of academic integrity, the College also prohibits the following:
- Engaging in loud conversations or use of inappropriate or foul language.
- Use of electronic devices that are audible to others.
- Bringing food or drinks into the library or computer rooms.
- Placing trash in places other than the receptacles provided.
- Bringing children on campus for any purpose other than completing an administrative task.
- Taking materials out of any College office without the express permission of an appropriate College official.
- Engaging in disruptive or violent behavior.
- Using another student’s ID.
- Storing personal belongings on campus.
Security Procedures and Sexual Assault Prevention
The Laws of New York State require every post-secondary institution to provide specific information to incoming students about sexual assault prevention. The College is fortunate that its location is centralized, and in compact spaces, which facilitate the protection of students and staff. In addition, because we do not operate any residential facilities, we do not face the same level of security risk that other institutions do. The College remains committed to insuring the security of its students and staff, and to maintaining its enviable safety record.
The College maintains tight security at all times. An organization such as ours must be proactive in maintaining a safe learning environment. We are proud of our safety record. By law, we are required to provide annual statistics related to the security of our institution. Over the years, we have had a few incidents and MCNY is doing everything it can to ensure that this record remains outstanding. While the safety procedures outlined below may seem an annoyance to some, our commitment to the security of our community should take precedence over the small inconveniences that the procedures sometimes cause us all. Student cooperation in this is expected and appreciated.
Listed below are items to help ensure your safety while you are at the College:
- Security is on duty during all hours that the College is open.
- All students entering the College must produce and show identification cards to security.
- Students must have their ID cards visible at all times. Student services will issue students ID cards.
If you forget your College ID card, you must show other identification and sign in with security. The office of student services will organize one or more programs on sexual assault prevention during the semester. Students will be informed of dates and times of such programs. The College has a security guard on duty in the building from 6pm–7am. In addition, the College maintains its own security guard during evening hours as well as on weekends.
The College has security guards on duty whenever classes are in session. Any incidents of illegal behavior, including sexual assault, should be reported immediately to the security guard on duty, or in his or her absence, to one of the deans or the College administrator responsible during evenings and weekends. The building security officer and the local police department must be called without delay.
All students must leave the building when Security makes the final evening check.
An additional list includes some suggestions that can help you protect yourself while you are off campus:
- If you attend evening classes, leave the building with a group rather than alone.
- When walking, try to stay in well-lit, populated areas. Do not walk close to doors or in alleyways. Stay as close to the street as possible.
- If you are dependent on subway transportation to go to and from the College, do not stand in an isolated area of the subway platform. Stand near other people or the attendant booth.
- Be careful when walking down subway stairs alone.
Policies and Procedures on Sexual Assault and Sexual Harassment
Sexual harassment violates federal, state and city laws, and creates an unpleasant and unproductive working and learning environment. The College condemns and strictly prohibits sexual harassment of any member of the College community, whether such harassment is aimed at students, faculty or other employees. Violators will be subject to disciplinary action. All college employees and students are responsible for maintaining this policy. The following activities are examples of possible harassment. Each of these activities alone may be considered serious enough to warrant immediate discipline, discharge or expulsion. These examples are intended to be illustrative rather than exhaustive:
- Threatening retribution or promising benefits in return for sexual favors, whether implicitly or explicitly.
- Unwanted verbal, physical or visual conduct—the person who is the target of the conduct is the judge of what is considered unwanted.
- Unwanted sexual advances.
- Sexual violence and sexual assault.
- Comments concerning an employee’s or a student’s sexual habits, sexual preference,. or sexual desirability, whether generally stated or specifically at an individual.
- Offensive talk about sex or sexuality.
- The use of demeaning or offensive words when referring to people of a particular sex.
- The display of pornographic or other offensive material including circulating written or graphic material such as email messages, which denigrate or show hostility or aversion toward an individual or group.
- Any other activity that creates an unpleasant or offensive working or learning environment, or that interferes with work or academic performance, because of a person’s sex.
It makes no difference if the harassment is meant as “joking, teasing or playful.” Jokes can be just as offensive as any other type of harassment and will be dealt with in the same manner.
Procedure for Reporting Sexual Harassment
Any MCNY student who believes that he or she has been the victim of sexual harassment, either on campus or off-campus involving a member of the College community, should:
- Promptly advise the offender that his or her behavior is unwelcome and request that it be discontinued.
- Students should then immediately report the complaint in writing to the dean of students.
- If the complaint is against a student, investigation will be undertaken by the dean of students through the procedures for nonacademic code of conduct violations, above.
- If the complaint is against an employee of the College or third party, the dean of students will refer the matter to the director of human resources or college counsel for investigation through the procedures below. In both cases of claims against students and claims against employees, the College will request consent from the complainant before investigating; however, if consent is not granted or confidentiality is requested, the College will take reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue the investigation. In all cases, complaints will be treated as confidential matters and shared only with necessary parties to the investigation, discipline process or supervisory process. The College will accept complaints by third parties who are not themselves the victims of harassment, but the College’s ability to investigate such complaints may be limited without cooperation of the alleged victim.
- College officials may independently advise local police and law enforcement authorities of a sexual harassment offense as part of their ongoing effort on campus security. A complainant may also file a report with law enforcement authorities, regardless of the status or outcome of the College investigation.
In response to complaints against employees, the College will promptly conduct a thorough and impartial investigation to determine if sexual harassment has occurred. A preponderance of the evidence standard shall be used. The subject(s) of the complaint shall be afforded an opportunity to present their own version of the event(s), and any additional information in defense. All individuals are required to fully cooperate in the investigation of harassment and discrimination complaints.
Both the complainant and the subject(s) will be given written notice of the results of the investigation.
The complainant in sexual harassment cases will be notified of any sanctions that relate directly to the complainant if sexual harassment is found to have occurred, for instance sanctions that the harasser avoid contact with the complainant or leave the College.
Notification will also be made to the victim of an alleged perpetrator of a crime of violence including forcible sex offenses, or a non-forcible sex offense (incest or statutory rape) concerning the final results of the investigation (including any violation found to have been committed and sanctions imposed) with respect to the alleged crime, regardless of the outcome of the investigation.
The appropriate College officials and or departments will also be notified. If it is concluded that harassment did occur, the College will take immediate corrective action. Corrective action may include training, referral to professional counseling, and or disciplinary action such as warning, reprimand, suspension and dismissal, or any combination or other actions the College determines is appropriate to the circumstances. The complainant and any individual who cooperates with an investigation will be protected against retaliation. Any acts of retaliation should be reported to the dean of students or other College administrator immediately and will be thoroughly investigated.
Field Placement Internship site
If harassment occurs in a field placement at an internship site, the College will address the issue with the field placement site supervisor, and work with the student to transfer to a new field placement internship site if necessary.
Other Types of Harassment and Discrimination
Just as sexual harassment is strictly prohibited, so is harassment on the basis of race, color, gender, ethnicity, disability, religion, national origin, age, veteran status, sexual orientation, or any other category protected by law. The College will not tolerate harassment or discrimination of applicants, employees, or students by anyone, including managers, supervisors, co-workers or students. Employees or students who believe they are being harassed or discriminated against on the basis of any of these factors should follow the same procedure outlined above in notifying the College. If you have any questions concerning the College’s policy on sexual harassment, or other equal employment opportunity matters, please feel free to contact the director of human resources.
Policies on Bias Crimes
A hate crime, also known as a bias-related crime, is a criminal offense committed against, a person, property or society, which is motivated in whole or part, by the offender’s bias against a race, religion, disability, sexual orientation, or ethnicity/national origin. Examples of a bias-related crime that might occur on a college campus are racially or religiously targeted acts or attempted acts by any person, or group of persons, against the person or property of another individual or group which may in any way constitute an expression of racial or religious hostility including threatening phone calls, certain types of graffiti, hate mail, physical assaults, vandalism, cross burning, fire bombing, etc. The College condemns all bias related actions, and will take prompt disciplinary action, up to and including discharge or expulsion, against any employee or student who commits a bias crime.
Reporting Sexual Assault or Bias Crimes
The following procedure should be followed in these instances:
- Any instance of sexual assault should immediately be reported to an MCNY official. This would include the campus security staff or the dean of students. Victims of sexual assault will be informed of any additional steps required for reporting, the importance of preserving evidence if a criminal act of sexual assault has occurred, the importance of seeking prompt medical attention, and the availability of counseling and other support services.
- Students will be informed of their right to protect their privacy, how information will, or will not, be shared, and the actions the College will take to assist in dealing with the situation. Additionally, students will be advised of their option to notify law enforcement authorities, including the police, and the option to be assisted by College officials in notifying and cooperating with external authorities.
- A student charged with sexual assault shall be subject to discipline through the College’s disciplinary.
- College officials may independently advise local police and law enforcement authorities of a sexual assault or sex offense as part of their ongoing effort on campus security.
Counseling for Victims of Sexual Assault, Harassment, Bias Crime or Discrimination
All students who are victims of or affected by a Sexual Assault, Bias Crime or other harassment or discrimination are urged to see student services to seek counseling and/or other appropriate services.
Domestic Violence and Stalking
According to the New York State Office for the Prevention of Domestic Violence, domestic violence is described as follows: Domestic violence is when one person does a variety of things to control another person in an intimate relationship. The shift in power can happen very slowly, over a period of time, so that the other person cannot even remember when it happened. Or, it can happen very quickly after there is some sort of commitment or some change in the level of intimacy.
Many people wonder if what is happening to them is domestic violence because their partner has never hit them. Physical abuse is probably what most people think of when they think about domestic violence, but it is just one of the many ways that your partner might try to gain power and control in your relationship. Ways a person might try to gain power and control over their partner include:
- Isolation—making it hard for you to see your friends and family; telling you that your friends and family cause problems in the relationship or are trying to “come between you.”
- Economic abuse—having complete control over the money; making you account for every penny you spend; taking your money from you.
- Verbal, emotional, psychological abuse—calling you names; putting you down or embarrassing you in front of other people; criticizing your abilities as a partner or parent.
- Intimidation—making you afraid with a look, action, or gesture; getting you to do something by reminding you about “what happened last time.”
- Coercion and threats—showing you a weapon and threatening to use it on you; threatening to “out” you to family, friends or employers if you are gay or lesbian; threatening to harm your family, friends or anyone you might go to for help.
- Physical abuse—pushing, grabbing, hitting, slapping, punching or kicking you.
- Sexual abuse—forcing you to have sex when you don’t want to; making you engage in sexual acts that make you uncomfortable; forcing you to engage in prostitution.
- Using children—undermining your authority with your children; threatening to take the children away from you by kidnapping or getting custody of them; “pumping” your children for information about you.
- Minimizing, denying, blaming—making you think the abuse is your fault; saying the abuse was caused by stress, alcohol or problems at work; denying that the abuse happened at all.
These are some of the most common ways that abusers try to control their partners, but certainly not the only ones. If your partner does things that restrict your personal freedom or that make you afraid, you may be a victim of domestic violence.
Stalking is the term used to describe repeated harassing or threatening behavior toward another person. A stalker can be a stranger or someone the victim knows including a partner, an ex-partner or a family member. Stalking is generally considered to be any unwanted contact between a stalker and his/her victim that directly or indirectly communicates a threat or places the victim in fear. If you are a victim of domestic abuse or stalking, you may be able to obtain protection through the court system through an Order of Protection. Some abusive behavior including stalking is also a violation of criminal laws and subject to prosecution. Victims of domestic abuse or stalking should see student services regarding resources for counseling and other support services.
Metropolitan College of New York is committed to providing faculty, staff and students with a safe and secure environment that is free from threats and acts of intimidation or violence. For the purpose of this policy, “workplace violence” shall mean any behavior, act or statement that:
- Would be interpreted by a reasonable person to be aggressive, intimidating, harassing or unsafe.
- Carries an expressed or implied intent to cause harm to a person or property.
MCNY policy and New York State Law prohibit all forms of hazing. Hazing is defined as any action taken or situation created, which, regardless of location or consent of the participants, recklessly or intentionally endangers mental or physical health or involves forced consumption of alcohol or other drugs for the purpose of initiation into or affiliation with any organization at the College. All instances of hazing should be immediately reported to an MCNY official, such as the campus security staff or the dean of students. All allegations of hazing shall be fully investigated. Individual violators are subject to disciplinary actions by the College, up to and including dismissal from the College. Any organizational violators may have their permission to operate on campus withdrawn. All students, faculty, staff and campus visitors or invitees are subject to these regulations. In addition, violators are also subject to any applicable provisions of the penal code.
Any act of intimidation, threat of violence, or act of violence committed against any person on the property of Metropolitan College of New York is prohibited.
- Intimidation: A physical or verbal act toward another person, the result of which causes that person to reasonably fear for his/her safety or the safety of others. Threat of Violence: A physical or verbal act, which threatens bodily harm to another person or damage to the property of another.
- Act of Violence: A physical act, whether or not it causes actual bodily harm to another person or damage to the property of another.
Metropolitan College of New York will take prompt disciplinary action, up to and including discharge or expulsion, against any employee or student who engages in the above mentioned manner. The purpose of this policy is preventative. It is the responsibility of each employee and student to contribute to a safe working and learning environment. Metropolitan College of New York cannot do its part to prevent violence in the workplace without your full cooperation.
Violence Warning Signs
There is no exact method to predict when a person will become violent. One or more of these warning signs may be displayed before a person becomes violent, but they do not necessarily indicate that an individual will become violent. A display of these signs should trigger concern as people experiencing problems usually exhibit them:
- Verbal, nonverbal, or written threats or intimidation, explicit or subtle.
- Fascination with weaponry and or acts of violence.
- Expression of a plan to hurt self or others.
- Feelings of persecution, expressed distrust, especially with authority figures.
- Frequent interpersonal conflicts.
- Displays of unwarranted anger.
- Indications of marked mood swings.
- Vandalism—violence toward inanimate objects.
- Sabotaging projects or equipment.
- Holding a grudge against a specific person; verbalizing a hope that something will happen to him or her.
Employees and students who are concerned about potentially violent behavior of coworkers or classmates should report their concerns to the appropriate College official.
Weapons in the Workplace and on Campus
Metropolitan College of New York strictly prohibits employees and students from possessing weapons of any kind on the premises. The prohibition explicitly includes firearms of any type including those for which the holder has a legal permit, with the exception of firearms carried by off-duty police officers or other peace officers. Other examples may include but are not limited to box-cutters, knives, mace or any instrument or device used for attack. Employees and students are not permitted to bring weapons to the worksite or keep weapons on school property. The school property covered by this policy includes property of any nature owned, controlled or used by the College, including but not limited to offices, desks, file cabinets and lockers. This policy is designed to ensure the health and safety of all employees and students on campus. A violation of this policy may result in disciplinary action up to and including immediate discharge or expulsion. Police officers or peace officers who fall within the exception above must seek written approval from the College president to bring the weapon on campus, and provide any requested documentation to support the granting of this approval.
Workplace Violence Procedures
Employees and students who experience, observe, or become aware of acts of violence must immediately report such conduct to security or, if security is unavailable, must call 911. Confidentiality will be maintained to the extent that circumstances permit. Metropolitan College of New York will not tolerate any form of retaliation against any employee or student for making a report under this policy. Likewise, no employee or student will suffer any retaliation for having complied with this policy. The College will investigate any acts of violence that take place on the College campus in coordination with local law enforcement agencies.
Emergency Responses and Evacuation Procedures
The College will notify the campus community immediately of a significant emergency or dangerous situation involving an immediate threat on or near the College. The College offers an emergency alert system called E2Campus that can notify students of an emergency situation by text message, voice message and/or email message. Students are urged to sign up to receive messages through this system through the College’s web page. This notification system will be tested annually.
Advice and Updates to Students Regarding Security Procedures
In addition to the information contained herein, the college advisory committee on campus safety reviews current campus security policies and procedures and makes recommendation for their improvement. Students and employees are advised and updated regarding campus security procedures in a number of ways. Depending on the nature of the change, letters may be sent out to the student body. The College’s website is updated immediately and publications such as the Student Handbook are updated at their next printing. In addition to the above methods, College employees are notified of any policy changes through institution-wide emails, postings on bulletin boards, etc. The advisory committee on campus safety will provide, upon request, all campus crime statistics as reported to the U.S. Department of Education. To receive such information, please contact the associate director of student services at 212 343-1234, or visit the Department of Education website at: ope.ed.gov/security/index.asp.
MCNY’s annual security report includes statistics for the previous three years concerning reported crimes that occurred on campus, in off-campus building or property owned or controlled by the College; and on public property within, or immediately adjacent to and accessible from the campus. The report also includes institutional policies concerning alcohol and drug abuse, crime prevention, the reporting of crimes, sexual assault and other matters. You can obtain a copy of this report by contacting Admissions (ext. 5001), student services (ext. 5009) or security (ext. 2000), or by accessing our website at mcny.edu.
State Laws Regarding Sex Offenses
The College is committed to educating the campus community about sexual harassment and sexual assaults. This includes raising awareness about the nature of the conduct, advising about the consequences of such behavior, and outlining the procedures to follow in the event of an instance. In addition to College sanctions, there are potential criminal penalties that can be imposed, as sexual assault is prosecuted criminally in New York State. The New York State Legislature has mandated that colleges make this information available to students as part of an ongoing effort to raise awareness, educate students, and combat sexual assault. Sex offenses are defined in the New York State Penal Code and include rape, sodomy, sexual abuse, aggravated sexual abuse and sexual misconduct. These offenses are ranked and carry different punishments ranging from a few months imprisonment for misdemeanors to up to 25 years imprisonment for felonies.
In New York, a person can be found guilty of rape in the first, second or third degree, all of which are punishable as felony crimes that carry prison sentences of up to 25 years. Rape in the first degree occurs when a person engages in nonconsensual intercourse with another by physical force, coercion or threat, or with a person who is incapable of consent by reason of being physically helpless or under age. Under the law, the term sexual intercourse has as its common meaning penile/vaginal and occurs upon any penetration, however slight. It is a first-degree rape if the victim is mentally incapacitated by the influence of drugs, or alcohol is administered without consent.
Consent is an element of every sexual offense defined in the penal code, with the exception of consensual sodomy. In these sexual offenses, the sexual act was committed without consent of the victim. Lack of consent results from forcible compulsion; incapacity to consent; or where the offense charged is sexual abuse, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or implied, acquiesce in the actor’s conduct. Nonconsensual sodomy, in its varying degrees, is a felony or misdemeanor crime, punishable by up to 25 years imprisonment. Sodomy occurs when a person engages in deviant sexual intercourse with another. Deviant sexual intercourse is defined as sexual conduct between persons not married to each other consisting of various contact between the mouth, sexual organs and rectum.
Sexual abuse, in its varying degrees, can be a felony crime, and occurs when a person subjects another to sexual contact by forcible compulsion or when the other person is incapable of consent. Sexual contact means any touching of the genitals or other intimate parts of a person for the purpose of gratifying sexual desire. Convictions for sexual abuse include penalties ranging from three months to seven years imprisonment. Aggravated sexual abuse occurs when a person inserts a finger or foreign object into the vagina, urethra, penis or rectum of another person without the person’s consent causing physical injury. Convictions for aggravated sexual assault include penalties of up to 25 years imprisonment.
Sexual misconduct occurs when there is sexual intercourse or sodomy without the consent of the victim. By law, a person under seventeen is considered incapable of giving consent. Sexual misconduct is a class A misdemeanor. A person is deemed incapable of consent when one is: less than 17 years old; or mentally defective; or mentally incapacitated or physically helpless.
For your reference, the penal code provides the following definitions: Mentally defective means that a person suffers from a mental disease or defect, which renders one incapable of appraising the nature of one’s conduct. Mentally incapacitated means that a person is rendered temporarily incapable of appraising one’s conduct owing to the influence of narcotic or intoxicating substance administered without one’s consent, or to any other act committed upon the person without consent. Physically helpless means that a person is unconscious or any other reason, physically unable to communicate a willingness to act.
Forcible compulsion means to compel by either: use of physical force; or a threat, express or implied, which places a person in fear of immediate death or physical injury to himself or another person, or in fear that he, she or another person will immediately be kidnapped. Alcohol or drug use will not be a defense against a charge of rape or sexual assault.
State Laws Regarding Bias Crimes
According to the Hate Crimes Act of 2000 (article 485), a person commits a hate crime when he or she commits a specified offense and either (a) intentionally selects the person against whom the offense in committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or (b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.
The Hate Crimes Act provides for minimum sentences if a person is convicted of a hate crime, depending on the underlying specified offense.
When a person is convicted of a hate crime and the specified offense is a misdemeanor or a class C, D or E felony, the hate crime shall be deemed to be one category higher than the specified offense the defendant committed, or one category higher than the offense level applicable to the defendant’s conviction for an attempt or conspiracy to commit a specified offense, whichever is applicable.
When a person is convicted of a hate crime and the specified offense is a class B felony:
- The maximum term of the indeterminate sentence must be at least six years if the defendant is sentenced pursuant to section 70.00 of the New York Penal Code.
- The term of the determinate sentence must be at least eight years if the defendant is sentenced pursuant to section 70.02 or the New York Penal Code.
- The term of the determinate sentence must be at least 12 years if the defendant is sentenced pursuant to section 70.04 of the New York Penal Code.
- The maximum term of the indeterminate sentence must be at least four years if the defendant is sentenced pursuant to section 70.05 of the New York Penal Code.
- The maximum term of the indeterminate sentence or the term of the determinate sentence must be at least 10 years if the defendant is sentenced pursuant to section 70.06 of the New York Penal Code.
When a person is convicted of a hate crime and the specified offense is a class A-1 felony, the minimum period of the indeterminate sentence shall be not less than 20 years.
Redress By law, a student, faculty member, or any other person who believes he or she has been aggrieved by an institution of higher education has the right to file a complaint first with the institution, and, subsequently, if he or she has been unable to resolve the issue directly with the institution, with the State Education Department. In the latter instance, and within three years of the alleged incident or problem, a written complaint should be directed to: The State Education Department, Postsecondary Complaint Registry, One Park Avenue, 6th Floor, New York, New York 10016. Contact the office of the president for further information.
Students may be subject to College discipline and sanctions for violations of the above policies that take place off-campus. In the discretion of the dean of students, the College may address such violations if the off-campus conduct impairs college-related activities or affairs of another member of the college community or creates a risk of harm to any member or members of the college community. Complaints of sexual assault or sexual harassment involving students will be addressed by the College through these procedures regardless of where they occur. Off-campus activities that are wholly unrelated to the College and its educational programs may be determined to be better handled by law enforcement authorities. The dean of students will determine whether the activities in question have sufficient connection to, or impact on, College activities to merit investigation and disciplinary action by the College.