Cuomo Orders SUNY to Overhaul Its Sexual Assault Rules
By ARIEL KAMINER
OCT. 2, 2014
Gov. Andrew M. Cuomo said on Thursday that he had instructed the State University of New York to overhaul its approach to preventing, investigating and prosecuting sexual assault, including making affirmative consent the rule on all 64 of its campuses.
Mr. Cuomo, announcing the change at a news conference in Manhattan, said SUNY’s new approach, which is to be put into effect in the next 60 days, would eventually lead to a statewide law regulating sexual assault policies at all New York colleges and universities.
Calling campus sexual assault a national epidemic, the governor said: “This is Harvard and Yale and Princeton, Albany and Buffalo and Oswego. It is not SUNY’s problem by origination. I would suggest it should be SUNY’s problem to solve and SUNY’s place to lead.”
SUNY’s approach resembles that recently set by California, by defining consent as an affirmative act, in which both partners must express their desire to engage in each sexual act. Previous consent is not sufficient, and people who are physically helpless, mentally incapacitated or asleep are considered unable to consent at all.
“Consent is clear, knowing and voluntary,” the SUNY rules will say. “Consent is active, not passive.
Silence, in and of itself, cannot be interpreted as consent.”
Consent need not be verbal, but it must be unambiguous and mutual. “Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity,” the rules will say.
The proposed changes also include a Sexual Assault Victims’ Bill of Rights, a simple and widely distributed document to inform victims of their right to go to the police, as well as campus security, with complaints; a promise of immunity for students who report sexual assault but who might have been violating laws or campus rules, like the prohibition on under-age drinking; a statewide program to train college officials on how to prevent assaults and respond to them when they do occur; and an education campaign for students and parents alike.
The consent policy alone represents a major change, not just in sexual dynamics but also in dynamics among SUNY campuses, which until now have been left to hammer out their own sexual assault policies without regard for the policies at the other 63 schools. Many of them already require some form of affirmative consent, but often with varying degrees of specificity.
At SUNY Adirondack, a community college in Queensbury, consent is defined in a single paragraph — and further distilled to this concise bottom line: “Clear, unambiguous and voluntary agreement between the
participants to engage in specific sexual activity.”
At SUNY Brockport, the document defining the college’s interpretation runs across pages, with 21 bullet points. Brockport offers students tips like “Good suggestions for gaining consent” (“Is it O.K. if I take off my pants?”) and “the ‘Dude’ Routine,” a way to check in on friends you fear may need assistance at a party. “Knock or slightly open a closed door and with any excuse starting with ‘dude’ (it somehow makes it more believable) to check the situation,” the guide advises. “ ‘Dude, I thought this was the bathroom.’ ”
Linda Fairstein, the novelist and former sex crimes prosecutor, will serve as a special adviser to the university system while it puts the changes into effect.
SUNY encompasses almost a half-million students, at two-year community institutions and colleges with bachelor’s and graduate programs. Excluding the community colleges, the university reported 238 sexual assault complaints among 219,000 students during the 2013-14 academic year.
To explain the need for these policies, Mr. Cuomo — who pointed out that he is the father of three girls — cited statistics on how many college women are victimized and how many do not report the assaults, and called the numbers “breathtaking.”
http://www.nytimes.com/2014/10/03/nyregion/cuomo-orders-suny-to-overhaul-its-sexual-assault-rules.html?ref=education