What is Title IX and how does it pertain to sexual violence on campus?
Under Title IX: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” In simpler words, for education institutions that receive federal funding (such as SBU), no student can be discriminated against based on their gender. Title IX prohibits the following: sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence and stalking.
What is the Clery Act?
The Clery Act was created after a student was brutally raped and murdered in her dorm on April 5, 1986. This act is a federal law that requires colleges report the statistics of crimes that occur on campus each year and report school safety policies. SBU’s Annual Security and Fire Safety Report can be found here.
Who is the Title IX Coordinator at SBU?
The Title IX Coordinator at SBU is Marjolie Leonard (631-632-6280). Email: TitleIX@stonybrook.edu.
How can I report sexual violence?
Reporting options at SBU include the following: filing a report to the Title IX Coordinator (via email), filing a report on campus through the University Department, filing a report off campus through the Suffolk County Police Department, and reporting to the state police. You may also file a report online here.
How does SBU define consent?
SBU specifically defines affirmative consent as: “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.” Basically, it moves away from the “No means no” standard and follows “Yes means yes” which pushes for enthusiastic affirmative consent on the sides of all parties involved.
How does SBU define sexual violence?
Well technically, the words they use are “sexual misconduct.” The behaviors that constitute sexual misconduct are: sexual harassment, nonconsensual sexual contact, nonconsensual sexual intercouse and/or penetration, nonconsensual physical violent contact during sexual contact, dating violence, domestic violence and stalking.
What is retaliation?
According to the University Conduct Code: “No member of the University community shall retaliate, intimidate, threaten, coerce or otherwise discriminate against a person who files any complaint, serves as a witness, assists or participates in a proceeding in any manner.” This includes not only other students but also members of the faculty and the school itself. Those who experience retaliation should immediately report it to the Title IX Coordinator.
What is a No Contact Directive?
A No Contact Directive is usually put in place with the consent of the Complainant after the complaint is first evaluated. This directive prohibits contact between the Complainant and the Respondent via third parties and proxies and through real life and electronic means. Any violations of a No Contact Directive should be reported immediately to the Title IX Coordinator. Violations may also result in the addition of more conduct charges.
Who can I talk to confidentially?
Confidential advocacy and emotional support services include: Counselling and Psychological Services (CAPS), Complainant Navigator Samantha Winter (631-457-9981), the Victims Information Bureau of Suffolk County (VIBS) Family Violence and Rape Crisis Center (631) 360-3606 and the National Sexual Assault Hotline (1-800-656-4673).
Where can I obtain confidential medical services?
Within 96 hours (4 days) of the incidence of sexual violence, you may get a rape kit (medical and forensic exam) done at the Sexual Assault Forensic Examination (SAFE) Center at Stony Brook University Hospital. SBU buses go directly to the hospital from the SAC Loop as well. The exam is free, confidential (your parents will NOT be notified) and open to any gender. University Police will transport you to the center even if you choose not to make a police report. Rape kits will be held as evidence to for up to 30 days even if you choose to not make a police report.
Am I allowed to talk to my friends or the media about what happened?
YES. 100% YES. Previously, certain universities (such as Pomona College and Columbia University) attempted to brush cases of sexual assault and harassment under the rug by issuing confidentiality agreements that essentially served as gag orders. This is no longer the case! As of 2017, new changes made to Title IX prohibit schools from issuing gag orders of any kind). In fact, the school threatening you with disciplinary measures such as suspension or probation for talking to your friends or the media may count as retaliation.
What burden of proof does SBU require?
As per revisions to Title IX made in 2017, there are now two standards that are used to determine whether a violation has occurred. SBU uses the preponderance of the evidence burden of proof which means that it has to be at least 51% more likely than not for the violation to have occurred. Other schools may use a “clear and convincing” burden of proof which requires at least 75%.