This is a brochure about sexual harassment, and sexual assault. It describes what sexual harassment and assault are and how they can be prevented. It discusses the policies governing sexual harassment at Hostos Community College and the New York State laws concerning sexual assault crimes and the penalties for committing them. There is a list of resources for sexual harassment and sexual assault survivors who need counseling, medical and/or legal help, or empathetic, understanding support.

Sexual Harassment Defined

Sexual harassment takes many forms, ranging from persistent jokes of a sexual nature to physical assault. It happens when one person intimidates, coerces, or humiliates another because of gender or sexual preference. It may involve threats that you will lose your job, not be promoted or that you will fail in class. Sexual harassment creates confusion because the boundary between professional roles and personal relationships is blurred. Your co-workers, supervisors, professors or fellow students may make you uncomfortable in your work or learning environment because they have introduced a sexual element into what should be a collegial situation.

In accordance with guidelines issued by the U.S. Department of Education Office of Civil Rights and the Equal Employment Commission, the University has defined sexual harassment in the academic setting as:

Unwelcome sexual advances, requests for sexual favors, and other oral or written communications or physical conduct of a sexual nature when:

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic standing;

(2) Submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting such individual; or

(3) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile or abusive work or academic environment.

Types of Harassment

Gender harassment:  Generalized sexist remarks and behavior, which convey insulting, degrading, or sexist attitudes

Seductive Behavior: Unwanted, inappropriate, and offensive physical or verbal sexual advances

Sexual Bribery:      Solicitation of sexual activity or other sex-linked behavior by promise of reward

Sexual Coercion:   Coercion of sexual activity or other sex-linked behavior by threat of punishment

Sexual Assault:     Assault or rape

What Are Common Examples of Harassment?

• Insistent invitations for drinks, dinner, dates

• Unwanted touching

• Comments sexually suggestive

• Obvious sexual gestures

• Uninvited visits to someone’s hotel room during conferences

• Offensive graffiti

• Threats of physical assault

• Sending lewd cartoons, cards, presents, or letters

• Subtle or overt pressure for sexual interactions

• Assault and rape

What Are Some Adverse Consequences of Harassment?

• Changing college or graduate school major

• Leaving job, college, or city

• Depression, anxiety, loss of self-esteem

• Headaches, nausea, weight loss or gain, insomnia, high blood pressure, gastrointestinal disorders

• Stress in relationships with coworkers, friends and family

CUNY Policy Against Sexual Harassment

Policy Statement

It is the policy of The City University of New York to promote a cooperative work and academic environment in which there exists mutual respect for all University students, faculty, and staff. Harassment of employees or students based upon sex is inconsistent with this objective and contrary to the University policy of equal employment and academic opportunity without regard to age, sex, sexual orientation, alienage or citizenship, religion, race, color, national or ethnic origin, handicap, and veteran or marital status. Sexual harassment is illegal under Federal, State, and City laws, and will not be tolerated within the University.

The University, through its colleges, will disseminate this policy and take other steps to educate the University community about sexual harassment. The University will establish procedures to ensure that investigations of allegations of sexual harassment are conducted in a manner that is prompt, fair, thorough, and as confidential as possible under the circumstances, and that appropriate corrective and/or disciplinary action is taken as warranted by the circumstances when sexual harassment is determined to have occurred. Members of the University community who believe themselves to be aggrieved under this policy are strongly encouraged to report the allegations of sexual harassment as promptly as possible. Delay in making a complaint of sexual harassment may make it more difficult for the college to investigate the allegations.

1. Prohibited Conduct

It is a violation of University policy for any member of the University community to engage in sexual harassment or to retaliate against any member of the University community for raising an allegation of sexual harassment, for filing a complaint alleging sexual harassment, or for participating in any proceeding to determine if sexual harassment has occurred.

2. Definition of Sexual Harassment

For purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other oral or written communications or physical conduct of a sexual nature when:

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic standing;

(2) Submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting such individual; or

(3) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile or abusive work or academic environment

Sexual harassment can occur between individuals of different sexes or of the same sex. Although sexual harassment most often exploits a relationship between individuals of unequal power (such as between faculty/staff member and student, supervisor and employee, or tenured and untenured faculty members), it may also occur between individuals of equal power (such as between fellow students or coworkers), or in some circumstances even where it appears that the harasser has less power than the individual harassed for example, a student sexually harassing a faculty member). A lack of intent to harass may be relevant to, but will not be determinative of, whether sexual harassment has occurred.

3. Examples of Sexual Harassment

Sexual harassment may take different forms. Using a person’s response to a request for sexual favors as a basis for an academic or employment decision is one form of sexual harassment. Examples of this type of sexual harassment (known as quid pro quo harassment) include, but are not limited to, the following:

• Requesting or demanding sexual favors in exchange for employment or academic opportunities (such as hiring, promotions, grades, or recommendations);

• Submitting unfair or inaccurate job or academic evaluations or grades, or denying training, promotion, or access to any other employment or academic opportunity, because sexual advances have been rejected.

Other types of unwelcome conduct of a sexual nature can also constitute sexual harassment, if sufficiently severe or pervasive that the target does find, and a reasonable person would find, that an intimidating, hostile or abusive work or academic environment has been created. Examples of this kind of sexual harassment (known as hostile environment harassment) include, but are not limited to, the following:

• sexual comments, teasing, or jokes; sexual slurs, demeaning epithets, derogatory statements, or other verbal abuse;

• graphic or sexually suggestive comments about an individual’s attire or body;

• inquiries or discussions about sexual activities;

• pressure to accept social invitations, to meet privately, to date, or to have sexual relations;

• 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;

• coerced sexual intercourse or sexual assault

4. Consensual Relationships

Amorous, dating, or sexual relationships that might be appropriate in other circumstances have inherent dangers when they occur between. a facu1ty~member, supervisor, or other member of the University community and any person for whom he or she has a professional responsibility. These dangers can include: that a student or employee may feel coerced into an unwanted relationship because he or she fears that refusal to enter into the relationship will adversely affect his or her education or employment; that conflicts of interest may arise when a faculty member, supervisor, or other member of the University community is required to evaluate the work or make personnel or academic decisions with respect to an individual with whom he or she is having a romantic relationship; that students or employees may perceive that a fellow student or co­worker who is involved in a romantic relationship will receive an unfair advantage; and that if the relationship ends in a way that is not amicable, either or both of the parties may wish to take action to injure the other party.

Faculty members, supervisors, and other members of the University community who have professional responsibility for other individuals, accordingly, should be aware that any romantic or sexual involvement with a student or employee for whom they have such a responsibility may raise questions as to the mutuality of the relationship and may lead to charges of sexual harassment. For the reasons stated above, such relationships are strongly discouraged.

For purposes of this section, an individual has “professional responsibility” for another individual at the University if he or she performs functions including, but not limited to, teaching, counseling, grading, advising, evaluating, hiring, supervising, or making decisions or recommendations that confer benefits such as promotions, financial aid or awards or other remuneration, or that may impact upon other academic or employment opportunities.

5. Academic Freedom

This policy shall not be interpreted so as to constitute interference with academic freedom.

6. False and Malicious Accusations

Members of the University community who make false and malicious complaints of sexual harassment, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action.

7. Procedures

The University shall develop procedures to implement this policy. The President of each constituent college of the University, the Deputy Chancellor at the Central Office, and the Dean of the Law School shall have ultimate responsibility for overseeing compliance with this policy at his or her respective unit of the University. In addition, each dean, director, department chairperson, executive officer, administrator, or other person with supervisory responsibility shall be required to report any complaint of sexual harassment to an individual or individuals to be designated in the procedures. All members of the University community are required to cooperate in any investigation of a sexual harassment complaint

8. Enforcement

There is a range of corrective actions and penalties available to the University for violations of this policy. Students, faculty, or staff who are found, following applicable disciplinary proceedings, to have violated this Policy are subject to various penalties, including termination of employment and permanent dismissal from the University.

Effective October 1, 1995

First Things First about Sexual Assault

Sexual assault is a crime punishable by imprisonment in New York State.

Sexual assault does not happen because of uncontrolled lust or sexual passion. Sexual assault is a crime of aggression and violence.

There is never an excuse or a reason for one person to rape, assault or even touch another person without permission. No one has this “right” no matter how someone else behaves or dresses. No woman causes herself to be raped.

What Is Sexual Assault?

• Any sexual act committed or attempted against a person’s will

• Forced sexual contact by dates, spouses, family members, acquaintances or strangers

• Includes a range of acts, from obscene phone calls to forced sexual intercourse

• Any sexual contact you don’t want

What Is Rape?

• Rape is defined as sexual intercourse, sodomy or oral copulation accomplished against a person’s will:

• Through the use of force or fear

• Whether the person is male or female

• When the person is prevented from resisting by alcohol or drugs administered by or with the knowledge of the offender

• When the person is unaware of the nature of the act

What Are the Two Kinds of Rape?

Most people think of rape as a sudden attack perpetrated by a vicious stranger on a dark, deserted street. This is one form of rape. In fact, as many as eighty percent of all rapes, are perpetrated by dates, colleagues or other acquaintances. This is called date or acquaintance rape. Research shows that women in college are in much greater danger of date rape than assault by a stranger. Preventing date rape is very different from preventing stranger rape.

Preventing Date Rape

Talk clearly about sexual expectations with your date. Make it clear before you get into a sexual situation what your limits are. If you mean no, say it clearly and firmly.

Don’t go to a secluded place with someone you’ve just met or don’t know well. Suggest meeting at public places. Drive your own car, use public transportation or have enough money for a taxi. Especially don’t go to your date’s apartment or invite him to yours if you are just getting to know him. Date rape occurs most often in the rapist’s home.

Beware of the impact of alcohol and other drugs on your judgment and that of your date. These drugs often play a role in sexual assault.

Beware of attitudes in a man that you are thinking of dating which could signal the potential for sexual violence: hostility toward women, a domineering personality, jealousy, condescending or judgmental viewpoints about women, or unrealistic expectations.

Don’t rely on a charming, pleasant presentation in a man you have just met.  Many date rape victims report that their assailant seemed “like a really nice guy” at first. Get to know a man before you place your trust in him.

Preventing Stranger Rape

Be alert and aware of your surroundings, both inside and outside. Notice people, the lighting, and access to phones and exits.

Avoid deserted parking lots, empty laundry rooms and other poorly lit or poorly populated locations. When possible, walk with a friend instead of walking alone in secluded areas or at night.

Always keep your apartment door and your car doors locked. If you live in an apartment with a fire escape outside a back window, you must secure the window with a fire department-approved gate, an alarm, or some barrier system. A window lock is not enough.

When riding the subways during less traveled times of day, ride in the middle car with the conductor or the first car with the engineer.

Always close your blinds/shades/curtains at night.

Check identification of strangers before opening your apartment door.

Sexual Assault Is a Crime

Sexual assault is a crime punishable in New York by the following penalties:

Legal Definitions

Sexual misconduct

A person is guilty of sexual misconduct when:

1. Being a male, he engages in sexual intercourse with a female without her consent; or

2. He engages in deviate sexual intercourse with another person without the latter’s consent; or

3. He engages in sexual conduct with an animal or dead human body.

Sexual misconduct is a class A misdemeanor.

Rape in the third degree

A person is guilty of rape in the third degree when:

1. He or she engages in sexual intercourse with another person to whom the actor is not married who is incapable of consent by reason of some factor other than being less than seventeen years old; or

2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person to whom the actor is not married less than seventeen years old.

Rape in the third degree is a class E felony.

Rape in the second degree

1. A person is guilty of rape in the second degree when, being eighteen years old or more, he or she engages in sexual intercourse with another person to whom the actor is not married less than fourteen years old.

Rape in the second degree is a class D felony.

Rape in the first degree

1. A male is guilty of rape in the first degree when he engages in sexual intercourse with a female:

2.  By forcible compulsion; or

3. Who is incapable of consent by reason of being physically helpless; or

4. Who is less than eleven years old.

Rape in the first degree is a class B felony.

Sodomy in the third degree

A person is guilty of sodomy in the third degree when:

1. He engages in deviate sexual intercourse with a person who is incapable of consent by reason of some factor other than being less than seventeen years old; or 2. Being twenty-one years old or more, he engages in deviate sexual intercourse with a person less than seventeen years old.

Sodomy in the third degree is a class E felony.

Sodomy in the second degree

1. A person is guilty of sodomy in the second degree when, being eighteen years old or more, he engages in deviate sexual intercourse with another person less than fourteen years old.

Sodomy in the second degree is a class D felony.

Sodomy in the first degree

A person is guilty of sodomy in the first degree when he engages in deviate sexual intercourse with another person:

1. By forcible compulsion; or

2. Who is incapable of consent by reason of being physically helpless; or

3. Who is less than eleven years old.

Sodomy in the first degree is a class B felony.

Sexual abuse in the third degree

A person is guilty of sexual abuse in the third degree when he subjects another person to sexual contact without the latter’s consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old, and (b) such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person.

Sexual abuse in the third degree is a class B misdemeanor.

Sexual abuse in the second degree

A person is guilty of sexual abuse in the second degree when he subjects another person to sexual contact and when such other person is:

1. Incapable of consent by reason of some factor other than being less than seventeen years old; or

2. Less than fourteen years old.

Sexual abuse in the second degree is a class A misdemeanor.

Sexual abuse in the first degree

A person is guilty of sexual abuse in the first degree when he subjects another person to sexual contact:

1. By forcible compulsion; or

2. When the other person is incapable of consent by reason of being physically helpless; or

3. When the other person is less than eleven years old.

Sexual abuse in the first degree is a class D felony.

Aggravated sexual abuse in the second degree

A person is guilty of aggravated sexual abuse in the second degree when he inserts a finger in the vagina, urethra, penis, or rectum of another person causing physical injury to such person:

(a) By forcible compulsion; or
(b) When the other person is incapable of consent by reason of being physically helpless; or
(c) When the other person is less than eleven years old.

Conduct performed for a valid medical purpose does not violate the provisions of this section.

Aggravated sexual abuse in the second degree is a class C felony.

Aggravated sexual abuse in the first degree

1.  A person is guilty of aggravated sexual abuse in the first degree when he inserts a foreign object in the vagina, urethra, penis or rectum of another person causing physical injury to such person: By forcible compulsion; or

(b) When the other person is incapable of consent by reason of being physically helpless; or

(c) When the other person is less than eleven years old.

2. Conduct performed for a valid medical purpose does not violate the provisions of this section.

Aggravated sexual abuse in the first degree is a class B felony.

If You Have Been Sexually Assaulted:

Don’t suffer through this experience by yourself.

Seek emotional support from friends or a rape crisis hotline.

Seek medical treatment at once for testing and treatment of injuries. Don’t shower, douche or change clothes before going to a doctor.  This is important legal evidence should you decide to press charges against your attacker.

Whether or not you report the assault to the police is up to you, but the College strongly encourages you to do so. Your report may result in the rapist’s arrest and stop him from attacking someone else.

Seek counseling from a trained mental health professional. It is very common for a rape survivor to experience a wide range of painful feelings.  You may talk confidentially to a college counselor in the counseling services office, which is located at 120 Walton Avenue (Savoy Manor building).

Help for Sexual Assault Survivors on Campus

Sexual assault survivors can get help on campus through Personal Counseling at 120 Walton Avenue, (Savoy Manor building), who can refer you to off-campus support services.

Remember that even if the assault occurred in the past (including your childhood), you probably continue to suffer from its impact and can benefit from professional help.  Many people who were assaulted or abused as children, do not remember the actual events, but do have a feeling that something was “wrong”.   Assistance to help adult survivors of child abuse is available in the counseling office located at 120 Walton Avenue (Savoy Manor building).

You have the right to an education here that is free from intimidation and fear.

In addition, to on-campus help, sexual assault victims may also contact the following

Bronx
Crime Victims Assistance Unit
Bronx District Attorney’s Office
215 East 161 Street (4^th floor)
Bronx, New York 10451
(718) 590-2115 

The Crime Victims Assistance Unit offers crisis intervention, short-term counseling, advocacy and assistance to victims of sexual assault and domestic violence.  It also provides referrals and publications.

Manhattan
Domestic & Other Violence Emergencies (DOVE)
Rape Crisis Intervention Program
Presbyterian Hospital Social Service Department
622 West 168
New York, NY 10032

24-hour emergency room support to the survivors of sexual assault.   A volunteer advocate or professional social worker stays with the woman, offers support and helps her begin to cope with the aftermath of the assault.  Follow-up counseling and medical care are arranged.

Sexual Assault Violence Intervention (SAVI)
Rape Crisis Intervention Program of Mount Sinai Medical Center
Community Medicine
PO Box 1607
1 Gustave Levy Place
New York, NY 10029
(212) 423-2140

Counseling and medical service for survivors of sexual assault (rape and incest) and their family and friends.  Volunteer advocates and trained staff provide support to people who report to the emergency room or who can about past incidents.  Community outreach and public education with police, schools, tenant associations and other community organizations.

Rape Crisis Program
St. Vincent’s Hospital and Medical Center
Department of Community Medicine
170 West 12 Street
New York, NY 10011
(212) 604-8003

Emergency and follow-up care, rape crisis intervention counseling; information and referrals; counseling for couples, family members and friends; court and police advocacy.  Support groups, counselor training and community education.

Brooklyn
Women’s Survival Space
P.O. Box 279
Brooklyn, NY 11220
(718) 439-4612

Center for battered women and children.  Services include a shelter; Brooklyn and Manhattan working women’s support group; 24-hour hotline; crisis intervention counseling; self help groups; medical, legal and welfare referral and advocacy; and special programs for children residing in the shelter.

Queens
Elmhurst Hospital
Borough Crisis Center
79-01 Broadway
Elmhurst, NY 11373
Emergency Rm. (718) 334-3076

Queens Hospital Center
82-68 164 Street
Jamaica, NY 11432
Emergency Rm. (718) 883-3090

Queens District Attorney’s Office
Special Victims Bureau
(718) 509-2115

Offers Crisis intervention, short-term counseling, advocacy and assistance to victims of sexual assault and domestic violence.  Referrals, publications. 

Other Sources

SAFE Horizon
2 Lafayette Street
New York, NY 10007
Hotline (212) 577-7777

Court-based operations, a crime victim’s hotline.  Services include: Emergency assistance, referrals to shelters and safe homes, court information and advocacy.  Has staff and emergency rooms of four hospitals to assist victims of sexual violence; conducts the Domestic Violence Prevention program in collaboration with Police Department.

24-hour Rape Report Line. (212) 267-RAPE
(female answers)
Victim Services Agency (212) 577-7777
24-Hour Hotline
New York Women Against Rape (212) 777-4000

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