University Sexual Harassment and Discrimination Policies

1. University Sexual Harassment and Discrimination Policies

2. • Policies at Federal and University level
• CODE
• Sexual Misconduct
• Sexual Harassment
• Non-Consensual Sexual Activity
• University Policy on Relationships
• Consent
• How to report
In this presentation…

3. The Federal Law & SBU
Policy
• Title IX is part of the Education Amendments of 1972 and prohibits
discrimination on the basis of sex in any federally funded education
program or activity.
• The University prohibits discrimination on the basis of sex, which
includes: sexual violence, sexual harassment, non-consensual
sexual contact, non-consensual violent physical contact during a
sexual act, domestic violence, and stalking.

4. Federal Law
Title IX
The Law States:
No person in the United States shall, on the basis of sex, be excluded
from participation in, be denied the benefits of, or be subjected to
discrimination under any education program or activity receiving
Federal financial assistance – Title 20 U.S.C. section 1681

5. ‘
• P 105: Equal Opportunity/Affirmative Action
• P 106: Sexual Harassment
• P 208: Policy on Relationships
• The University Student Conduct Code (CODE)
• More information about policies can be found here.
Policies on Discrimination on
the Basis of Sex

6. ‘CODE:
• Includes consequences and sanctions for
those who violate the sexual misconduct
policy that can include suspension or
expulsion.
• Provides a link to the Student Bill of Rights
in Cases of Sexual and Interpersonal
Violence.
• Provides a definition of Affirmative Consent.
• The code can be found on the Stony Brook
website under “Student Affairs” or here.

7. ‘
CODE
Definition of
Affirmative
Consent:
A clear, unambiguous, knowing, informed, and voluntary
agreement between all participants to engage in sexual
activity. Consent is active, not passive. Silence of lack of
resistance cannot be interpreted as consent. Seeking and having
consent accepted is the responsibility of the person(s) initiating
each specific sexual act regardless of whether the person initiating
the act is under the influence of drugs and/or alcohol. Consent to
any sexual act or prior consensual sexual activity between or with
any party does not constitute consent to any other sexual act. The
definition of consent does not vary based upon a participant’s sex,
sexual orientation, gender identity or gender expression. Consent
may be initially given but withdrawn at any time. When consent is
withdrawn or cannot be given, sexual activity must stop. Consent
cannot be given when a person is incapacitated. Incapacitation
includes impairment due to drugs or alcohol (whether such use is
voluntary or involuntary), the lack of consciousness or being
asleep, being involuntarily restrained, if any of the parties are
under the age of 17, or if an individual otherwise cannot consent.
Consent cannot be given when it is the result of any coercion,
intimidation, force, or threat of harm.

8. ‘

9. ‘
Bias-Related
Crime and
Prevention
Education Law §6436 requires the University
to inform incoming students about bias crime
prevention measures. The university holds
programs to prevent such crimes, such as
workshops, seminars, discussion groups, and
film presentations. These programs increase
awareness of bias related crime, promote
discussion, encourage reporting of incidents
of bias related crime, and facilitate
prevention.

10. ‘
Bias-Related Crime and Prevention: (cont.)
New York State Civil Rights Law is a law against bias crimes. Bias related crimes will not be
tolerated on the Stony Brook campus. Examples of crimes are the following:
• Stereotypes
• Discrimination
• Prejudice
• Racism
• Religious Bigotry
• Anti-Semitism
• Sexism
• Heterosexism
• Scapegoating
If you believe you have been a
victim of a bias-related crime
contact SBU Police Department
(631) 632-3333 or visit
www.stonybrook.edu/police

11. ‘
Sexual Misconduct:
Sexual Misconduct, which can occur in many forms, is discrimination on the basis of sex
and/or gender, and may occur between people of the same or opposite sex, or who identify
as LGBTQ, and is prohibited. The Parties will be made aware of their Title IX rights and
available resources. The following behaviors shown on the next slide constitute sexual
misconduct:
• Reference: The University Student Conduct Code, 2018, pg. 18

12. ‘
Sexual
Harassment:
According to the Equal Opportunity Commission, sexual
harassment is defined as “any unwelcome sexual advances,
requests for sexual favors, and other verbal or physical
conduct of a sexual nature…” harassment is illegal when it is
so frequent or severe that it creates a hostile or offensive
work environment.
Stony Brook’s Sexual Harassment policy was created to
maintain work place, educational, and recreational
environments that are safe and accessible for our students.
Sexual violence is a form of sexual harassment and refers to
physical sexual acts perpetrated against a person’s will or
where a person is incapable of giving consent (e.g., due to
the student’s age or use of drugs or alcohol, or because an
intellectual or other disability prevents the student from
having the capacity to give consent). Sexual harassment is a
form of sexual discrimination.

13. ‘
Sexual Harassment: (cont.)
• Sexual harassment encompasses unwelcome sexual advances, unwelcome requests for sexual favors
or requests for sexual favors in exchange for some benefit, and/or verbal or physical conduct of a
sexual nature. Sexual harassment occurs when:
• Submission to such conduct is made either explicitly or implicitly a term of or condition of any
individual’s employment or education; or
• Submission to or rejection of such behavior by an individual is used as the basis for employment of
educational decisions affecting the individual; or
• A behavior is sufficiently severe and pervasive to interfere with any individual’s work or educational
performance, or create an intimidating, hostile, or offensive work or educational environment. Such
prohibited conduct includes, but is not limited to, unwelcome sexual communication, touching, and
non-consensual sexual contact, including but not limited to sexual touching, intercourse, and violence.
• Examples of sexual harassment includes but is not limited to: comments, gestures, exploitation,
teasing, slurs, profanities derogatory statements, or other verbal abuse; graphic or sexually suggestive
comments about an individual’s attire or body; inquiries or discussions about sexual activities; sexually
suggestive letters or other written materials; sexual touching, brushing up against another in a sexual
manner, graphic or sexually suggestive gestures, cornering, pinching, grabbing, kissing, or fondling.

14. ‘
Sexual harassment: examples
Sexual harassment may be in the form of:
• Comments
• Derogatory statements
or other verbal abuse
• Exploitation
• Graphic or sexually
suggestive comments
about an individual’s
attire or body
• Graphic or sexually
suggestive gestures
• Exposing one’s genitals
• Inquiries or discussion
about sexual activities
• Profanities
• Sexually suggestive
letters or other written
materials
• Slurs
• Teasing
• Touching

15. ‘
Non-Consensual
Sexual Activity:
Non consensual sexual intercourse and/or penetration:
• Refers to any sexual penetration or intercourse that is
unwanted or unwelcome. Sexual contact with another person
without consent is prohibited. Prohibited conduct includes but
is not limited to the following:
• Anal and vaginal penetration and attempted penetration
and/or intercourse.
• Oral sex or attempted oral sex, or the insertion of a foreign
object into the vagina, urethra, penis, or rectum of another.
• This also includes what may be referred to as sexual
assault, which is also commonly known as “rape,” whether
forcible, or non-forcible, “date rape” and “acquaintance
rape.”
• Non-consensual physical violent contact during a
consensual sexual contact is also prohibited. This includes
but is not limited to the following: punching, choking,
burning, or otherwise intentionally causing serious physical
harm without consent of a partner.

16. ‘
Non-consensual Sexual Activity: (cont.)
In addition to the offenses listed above, the following crimes must be reported on the Annual Security
Report (ASR):
• Dating Violence: No student shall perform any acts that are considered to be dating violence. Dating
violence is any act of violence committed by a person who is or has been in a social relationship of a
romantic or intimate nature with the victim. Two people may be in a romantic or intimate relationship,
regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance
nor ordinary socializing.
• Domestic Violence: No student shall perform any acts that are considered to be domestic violence.
Domestic violence is any violent felony or misdemeanor crime committed by a current and/or former
spouse and/or intimate partner of the victim. An intimate partner includes persons legally married to
one another; persons formerly married to one another; persons who have a child in common,
regardless of whether such persons are married or have lived together at any time, couples who are
in an intimate relationship, including but not limited to, couples who live together or have lived
together, or persons who are dating or who have dated in the past, including same sex couples.
• Reference: The University Student Conduct Code, 2018, pg. 19

17. ‘
Non-consensual Sexual Activity: (cont.)
• Stalking: No student shall perform any acts (two or more) that directly, indirectly or through third
parties harass, annoy, threaten, intimidate, cause fear, or alarm another person or persons. The
term stalking means intentionally engaging in a course of conduct, directed at a specific person,
which is likely to cause a reasonable person to fear for his or her safety or the safety of others or
cause that person to suffer substantial emotional damage. Examples include, but are not limited
to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or
seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly
communicating by any means, including electronic means (cyberstalking), with such person(s) in a
manner likely to harass, intimidate, annoy, or create a nuisance or alarm.
• Reference: The University Student Conduct Code, 2018, pg. 19

18. ‘
University Policy: Relationships
P 208: Policy on Relationships:
This Stony Brook policy states that, “All University employees, including administrative staff,
medical personnel, full and part-time faculty, teaching assistants and academic mentors, act
on behalf of the University and with its authority when supervising or evaluation student
work, assigning grades for credit, or acting in an advisory capacity.”

19. ‘
University Policy: Relationships (cont.)
• This policy is important when considering possible acts of sex discrimination when it comes
to personal relationships. The University states that, “familial, romantic and sexual
relationships compromise the objectivity and integrity with which University employees
discharge their academic, administrative and supervisor responsibilities. The use of the
student-faculty or student-supervisor relationship to seek or maintain a personal
relationship is an abuse of power and is specifically prohibited by campus policies P105
Equal Opportunity/Affirmative Action and P106 Sexual Harassment.
• As many of you will also be employed on campus, Stony Brook University’s Human
Resources department’s specific policy on sexual harassment is also important to know.
HR policy states that, “Sexual harassment infringes on an employee’s right to a comfortable
work environment and is a form of misconduct which undermines the integrity of the
employment relationship.”

20. ‘
Consent
Definition:
• Consent is the agreement to engage in specific sexual contact, which may be
given by verbal agreement or active and willing participation in the sexual
activity.
• “No” or any other negative statement or acts/physical gestures supporting the
desire to cease in response to sexual contact or an invitation to sexual contact
will be regarded as a denial of consent to such sexual contact.

21. ‘
Limitations of Consent
• If a person is unconscious or asleep, substantially impaired by alcohol or drugs, they
cannot give consent. Intoxication or impairment or the respondent is no defense to charges
of sexual misconduct.
• Consent to engage in sexual activity with one person does not imply consent to engage in
sexual activity with any other person.
• Past consent does not imply future consent; past or current relationships are not an
indication of consent.
• Silence or an absence of resistance does not imply consent.
• The use of alcohol and/or drugs is not an indication of consent.
• The use of force, threat of force, threat of immediate or future harm, or use of physical
intimidation to secure compliance with sexual activity is evidence of lack of consent.

22. ‘
Revocation of Consent
• Consent may be initially given, but it may be revoked at any point, either verbally, through
physical resistance, or by losing consciousness.
• Failure to cease sexual contact promptly in response to a withdrawal of consent constitutes
non-consensual sexual contact.

23. ‘
Reporting
Sexual discrimination and sexual harassment are crimes and should be
reported appropriately by the victim or witnesses, campus faculty, staff, and
university police.

24. ‘
Reporting
Prohibited
Behavior
• Under the Clery Act, the following are
crimes that must be reported on the ASR:
criminal homicide, non-forcible and forcible
sex offenses (ex: rape, sodomy, sexual
fondling, and sexual assault with an object),
robbery, aggravated assault, burglary, motor
vehicle theft, arson, hate crimes, arrests
and disciplinary referrals for violations of
liquor, drugs, and weapons laws.

25. ‘
Reporting
People on campus most likely to receive
initial reports:
• Faculty
• Other students
• Coaches
• Staff members
• Administrators
• Student leaders
• Residence life staff
• Health center staff
University Police Department:
(631) 632-3333 for emergencies
(631) 632-6350 for non-emergencies
Title IX Reporting Form
Email: TitleIX@stonybrook.edu
Phone: (631) 632-6280
Reporting Form:
https://www.stonybrook.edu/commcms/oi
de-titleix/reporting (this is not an
anonymous reporting form).

26. ‘
Where Do These Policies Apply?
On campus.
On public property
adjacent to campus.
In off-campus buildings
or property owned or
controlled by Stony
Brook University.

27. ‘
Title IX Coordinator
Ms. Marjolie Leonard, titleix@stonybrook.edu
• The Title IX Coordinator’s role is to help provide a safe educational and
work environment for the campus community by providing information
about available on- and off-campus resources, to monitor our campus
climate, to explain the University processes, and to help individuals
navigate through the system. All information will be kept private, but is
not confidential.
• ReportIt page.

28. ‘
National
Resources:
• Office on Violence Against Women
• National Domestic Violence Hotline
• Rape, Abuse and Incest National Network
(RAINN)
• The National Suicide Prevention Hotline
• www.GirlsHealth.gov
• www.LoveIsRespect.org

29. ‘
29
!
You have completed the fifth part of Orientation.
Click below to move on to the next
part of orientation (Library and
Technology Facilities).