Two New York Locations

ROCKLAND: 845.358.1710
MANHATTAN: 212.625.0500

 

 

Safety and Security

Sexual Assault/Sex Offenses Policy & Prevention Program

Harassment

Nyack College will not tolerate any type of sexual offense committed by students, faculty, staff or any individual not belonging to the campus community. Sexual offenses in the State of New York are outlined under Article 130 of the NYS Penal Law. Of particular note is the definition of the term, “sexual contact – any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing.” Committing such offenses can result in lengthy terms of imprisonment and civil action.

Sexual Harassment

Harassment on the basis of sex is a violation of New York State Law and the Federal Civil Rights Act. It is the policy of Nyack College to prohibit sexual harassment of its employees and students in any form. In maintaining this policy, the College seeks to assert basic Christian precepts, to affirm ethical standards universally accepted in the workplace and classroom, and uphold existing law. No practice or behavior that constitutes sexual harassment will be tolerated.

Sexual harassment is essentially a display of power intended to intimidate, coerce, embarrass or degrade another person. Usually the harasser has power over the victim (such as a supervisor over a subordinate or a larger person over one of smaller stature), and seeks to exploit unfairly that differential in power. In any form, such behavior undermines the atmosphere of trust and collegiality that Nyack College seeks to foster and is therefore unacceptable.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of a student’s employment or academic progress; (2) submission to or rejection of such conduct is used as a basis for academic or employment decisions affecting the student, or (3) such conduct has the purpose or effect of substantially interfering with a student’s work or academic performance or creating an intimidating, hostile, or offensive work or academic environment is illegal and immoral.

Any student who believes that he/she has been the recipient of harassment is strongly encouraged to report the alleged occurrence(s) as soon as possible to a representative of the College with whom the student feels comfortable discussing the matter (e.g., Residence Hall Director, Advisor, Student Development Staff member, etc.). The representative will then contact the Dean of Students if the alleged harasser is a student. If the alleged harasser is an employee of the College or a vendor/contractor of the College, the representative will contact the academic head at the respective campus.

Every effort will be made to ensure confidentiality in dealing with the situation, although a strict confidentiality cannot be guaranteed. All allegations of sexual harassment will be taken seriously and thoroughly investigated, with appropriate support for and respect of the alleged victim. If it is determined that an intentionally false accusation of sexual harassment has been made, this too will be investigated thoroughly and treated seriously.

Counseling and other support services are available to any victim of sex offenses through the Counseling Services Department in Boon Campus Center on the Nyack Campus and numerous public and private agencies in Rockland County. Informational resources and materials may be obtained at the Campus Safety Office, Counseling Services Department and Health Services Department. Nyack College provides a campus wide awareness workshop that describes possible threats and steps to take in case of an emergency. During these mandatory sessions, possible scenarios and group discussions are held to help students understand the importance of these violations and other possible threats.

Services and programs that are available during the academic year are announced in the beginning of every semester during the campus wide mandatory all hall meetings. Resident Directors also train the Residence Life Assistants to have this information available on every floor and to make the announcements on their floors at the beginning of every semester. This information is also made available to commuter students during orientation.

Student victims have the option to change their academic and/or on-campus living situations after an alleged sexual assault, if such changes are reasonably available. Alternate on-campus living options may be discussed in conjunction with Residence Life and Auxiliary Services.

Any violation of this policy shall result in disciplinary action including, but not limited to, warning, reprimand, probation, suspension, expulsion or dismissal. Retaliation against an individual for bringing a sexual harassment complaint is prohibited by law and will lead to further disciplinary action. Nothing in this policy shall preclude a student from seeking redress through external legal proceedings.

Sexual Assault and Date Rape

Sexual assault and date rape are extreme forms of sexual harassment. The use of threat or force to obtain sexual contact, including sexual intercourse, includes any of the following: (1) any intentional, nonconsensual touching or threat or attempt to touch an intimate body part of another person; (2) unwanted, inappropriate disrobing of another person or purposeful exposure of one’s genitals to another; (3) forcing, or attempting to force, any other person to engage in sexual activity of any kind. By definition, a person who is intoxicated, unconscious, mentally impaired, or threatened is unable to give consent.

If you or friend has been sexually assaulted, or if you have some questions about behavior that is frightening, even if it has only happened once, follow these steps for assistance:

  • Call Nyack College Campus Safety at x7191 OR (845) 222-8812

  • Contact the local police department and file a police report

  • If you are a friend to someone who has been assaulted, listen to them tell their story.

  • Call the Residence Life On Duty Phone (845) 213-9145

  • Call Counseling Services at (845) 675-4564

  • Report it to the Resident Assistant on duty in your dorm

  • Keep a journal of everything that occurs, including dates, places and times of events. When the communication is electronic, save voicemails, e-mails, text and instant messages

A student who has encountered an incident of criminal sexual assault should notify proper law enforcement authorities within the community, including campus security and the local police. Nyack College has developed a relationship with the local authorities to insure that the rights and needs of the College community are readily addressed. Listed you will find contact information and resources of departments and staff who can assist you in the event of an emergency.

Preventing and Responding to Sex Offenses

Nyack College educates the student community about sexual assaults and date rape throughout Campus. Sessions about safety are held during orientation for all students; residents/commuters. These policies are also stated during all hall meetings held by residence life at the beginning of every semester. There are also brochure’s available in the counseling office for students to have.

If you are a victim of a sexual assault on campus, your first priority is to get to a place of safety. You should obtain necessary medical treatment. Nyack College Residence Life staff strongly advocates that a victim of a sexual assault reports the incident in a timely manner. Time is a critical factor for evidence collection and preservation. The Residence Life staff will notify the appropriate police agency and campus security to respond. Filing a police report will not obligate the victim to prosecute, nor will it subject the victim to scrutiny or judgmental opinions from officers. Filing a police report will:

  • Ensure that a victim of sexual assault receives the necessary medical treatment and tests;

  • Provide the opportunity for collection of helpful evidence helpful in prosecution, which cannot be obtained later (ideally a victim of sexual assault should not wash, douche, use the toilet, or change clothing prior to a medical exam);

  • Assure the victim has access to free confidential counseling from counselors specifically trained in the area of sexual assault crisis intervention.

Stalking

Nyack College describes stalking as any behaviors or activities occurring on more than one occasion that collectively instill fear in the victim, and/or threaten her or his safety, mental health, or physical health. Such behaviors and activities may include, but are not limited to, the following:

  • Non-consensual communication, including face-to-face, telephone calls, voice messages, text and instant messages or e-mails, written letters, unwanted gifts, etc.

  • Threatening or obscene gestures;

  • Pursuing or following;

  • Surveillance or other types of observation;

  • Trespassing;

  • Vandalism;

  • Non-consensual touching

*These offenses may result in additional charges.

Stalking behavior will not be tolerated. Incidents occurring on or off campus are subject to college discipline when such actions materially affect the learning environment or operations of the College.

Stalking is a crime under New York State law. Incidences of stalking outside New York State may be admissible in court, if it is relevant to the case and may be punishable as a Class B misdemeanor or a class D felony. Legal options available to victims of stalking include reporting to the local police, seeking a remedy through civil proceedings, and/or utilizing the campus disciplinary process.

If you believe you are being stalked, or if you have some questions about behavior that is frightening, even if it has only happened once, follow these steps for assistance:

  • Call Nyack College Campus Safety x7191 OR (845) 222-8812

  • File a police report

  • If you know the identity of the stalker, inquire about the possibility of obtaining a restraining order

  • Keep a journal of everything that occurs, including dates, places and times of events.

  • When the communication is electronic, save voicemails, e-mails, text and instant messages

  • Tell your friends, roommates, and employer about the stalking

  • If you live on campus, let your Residence Life Staff person know about the behavior

  • If you are receiving annoying or threatening phone calls, keep a record of the time, date and message you receive