Title IX on the 9th

Published:

Friday, October 9, 2015 - 11:06

TITLE IX on the 9th

In April, SUNY Poly’s Title IX Working Group provided the campus community with a new affirmative consent definition that was introduced as part of the new SUNY-wide uniform sexual violence prevention and response policies that were passed by SUNY Board of Trustees’ in October 2014 at the request of Governor Cuomo and under the guidance of Chancellor Nancy Zimpher. As a result of the new “Enough is Enough” legislation to Combat Sexual Assault on College Campuses that was signed into law by Governor Andrew Cuomo in July, our affirmative consent has been modified and the appropriate changes have been incorporated into our Student Handbook.

Under the new “Enough is Enough” legislation, affirmative consent is now defined as;

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Consent may be initially given but withdrawn at any time.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When consent is withdrawn or can no longer be given, sexual activity must stop.

The new affirmative consent definition can also be found at SUNY Poly’s Title IX website under Policies & Procedures, and has been updated and included in our employee Title IX trainings and the Not Anymore program for students.

Thank you,

SUNY Poly Title IX Working Group

Website: https://sunypoly.edu/titleix/

Email: TitleIX@sunycnse.com

SUNY Poly Title IX Coordinators:

Rhonda Haines

Title IX Coordinator

VP for Human Resources and Special Projects

NFE #4105 (Albany Site)

Kunsela Hall, A011 (Utica Site)

(518) 956-7362

hainesr@sunypoly.edu