Definitions

The health and safety of every student at SUNY Cobleskill is of utmost importance. SUNY Cobleskill recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. SUNY Cobleskill strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to SUNY Cobleskill’s officials or law enforcement will not be subject to SUNY Cobleskill’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

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.

• Affirmative consent is a clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity
• Consent is active, not passive
• Silence or 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
• 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• Consent may be initially given but withdrawn at any time
• When consent is withdrawn or cannot be given, sexual activity must stop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

 Sexual harassment consists of non-consensual sexual advances, requests for sexual favors, or other verbal or physical conduct on or off campus, when:

• Submission to such conduct is made either explicitly or implicitly a condition of an individual's employment or academic standing; or
• Submission to or rejection of such conduct is used as the basis for employment decisions or for academic evaluation, grades, or advancement; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating or hostile academic or work environment
• Sexual harassment may be found in a single episode, as well as in persistent behavior
• Nonverbal - May include staring at someone (i.e. "undressing someone with one's eyes"); blowing kisses; winking; or licking of one's lips in a suggestive manner; displaying sexually oriented pictures or cartoons; using sexually oriented screen savers; viewing pornographic web sites
• Verbal - May include telling jokes; using sexually explicit profanity or threats; describing sexual encounters with others; suggesting sexual activity; whistling in a sexually suggestive manner; using terms such as "honey", "babe", "sweetheart", "dear"; repeated requests for dates, etc.
• Physical Contact - May include touching, patting, pinching, bumping, grabbing, cornering or blocking a passageway, kissing, providing unsolicited back or neck rubs

• Ongoing, purposeful behavior that is aimed at dominating one's partner, and often one's children as well
• Domestic/dating abuse involves repeated, ongoing, intentional control tactics used by one partner against the other
• Those tactics may be physical, sexual, economic, psychological, or all of the above
• An abuser is someone who engages in a pattern of coercive control, not simply someone who physically assaults a partner
• Victims need domestic violence services, safety planning, orders of protection, and support
• Victims should not have to deal with domestic abuse all by themselves

• A violent act committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and
• The existence of the relationship shall be determined based on the victim's statement with consideration of the length of the relationship, the type of the relationship, and the frequency of the relationship

• A violent crime committed by a current or former spouse or intimate partner OR a person sharing a child with the victim; AND
• Has cohabitated with the victim as a spouse or intimate partner

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• fear for his or her safety or the safety of others; or
• suffer substantial emotional distress.