What Every College Student Needs to Know About
Preventing Sexual Harassment and Assault
Information
for Men and Women at Brooklyn College
This is a brochure about sexual harassment, including sexual assault.
It describes what sexual harassment and assault are and how they can
be prevented. It discusses the policies governing sexual harassment
at Brooklyn 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 just empathetic, understanding support.
Sexual Harassment Defined
Sexual harassment takes many forms, from constant joking to physical
assault. It happens when a person with power abuse that power to intimidate,
coerce, or hum]Bate someone because of gender or sexual preference.
It may involve threats that you will lose your job, not be promoted
or that you will fall 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 your work or learning environment uncomfortable because the
harasser has introduced a sexual element into what should be a collegial
situation.
According to guidelines issued by the U.S. Department of Education
Office of Civil Rights and the Equal Employment Commission, the following
behavior constitutes sexual harassment:
-
submission to sexual advances is a condition of your employment
or education;
-
acceptance or rejection of these advances or comments affects
your job status, your grades, or your professional advancement;
or
-
unwelcome sexual advances or comments interfere with your work
or study.
Levels 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 prose
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 Forms
of Harassment?
-
Insistent invitations for drinks, dinner, dates
-
Unwanted touching
-
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
-
Sexist comments
What Are Common Reactions
to 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 Board Policy Against
Sexual Harassment
The Board of Trustees of the City University of New York has adopted
the following policy (January 25, 1982, Cal. No. 5.A.):
It is the policy of The City University of New York to prohibit harassment
of employees or students on the basis of sex. This policy is related
to and is in conformity with the equal employment opportunity policy
of the University to recruit, employ, retain and promote employees without
regard to sex, age, race, color or creed. Prompt investigation of allegations
will be made on a confidential basis to ascertain the veracity of complaints
and appropriate corrective action will be taken.
It is a violation of policy for any member of the University community
to engage in sexual harassment. It is a violation of policy for any
member of the University community to take action against an individual
for reporting sexual harassment.
POLICY GUIDELINES
A. Definition:
For purposes of this policy, unwelcome sexual advances, requests for
sexual favors, and other verbal or written communications or physical
conduct of a sexual nature constitute sexual harassment when:
- Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment or academic standing,
- Submission to or rejection of such conduct by an individual is
used as the basis for employment or academic decisions affecting such
individual, or
- Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile, or offensive working environment.
B. Responsibilities:
- The President of each college is responsible for overseeing compliance
with the implementation of this policy.
- Each dean, director, department chairperson, administrator or other
person with supervisory responsibility is responsible within his/her
area of jurisdiction for the implementation and dissemination of this
policy.
C. Procedures:
- Students claiming harassment on the basis of sex shall report such
harassment to the Dean of Students. Upon receipt of such complaint,
the Dean shall make an informal confidential investigation and report
his or her findings to the President with appropriate recommendations.
The Dean shall consult with the Campus Title IX Coordinator in this
process.
- Employees covered by collective bargaining agreements which include
gender discrimination as a ground for grievance, shall utilize the
grievance procedure provided in their respective agreements.
- Employees not covered by a collective bargaining agreement or covered
by an agreement which does not include gender discrimination as a
ground for grievance, shall utilize the following procedure:
- Each college president shall appoint a panel of at least three
persons to handle complaints arising in the college; an appropriate
announcement of the formation of the panel and its membership
should be disseminated to the college community.
- Individuals who believe that they have been harassed on the
basis of sex should communicate with a member of the panel. The
panel member should be available for consultation and assistance
and should attempt to resolve the problem in a manner which is
fair and equitable and which is consistent with this University
policy.
The initial effort by a panel member in response to a complaint
shall be made on an informal basis and every effort shall be
made to insure the privacy of both the complainant and the accused.
- If no informal resolution of the allegations is achieved, the
panel member shall promptly submit written report with recommendations
to the President.
- Following receipt of the report, the President may take such
further action as he/she deems necessary, including the initiation
of disciplinary proceedings.
- Allegations of sexual harassment under C.1 and C.3 above should
be made within 30 days of the date of alleged occurrence, except for
extenuating circumstances.
- The University Offices of Faculty and Staff Relations and Legal
Affairs are available to assist the colleges in the implementation
of these procedures.
EXPLANATION:
The policy is in accordance with guidelines of the United States Equal
Employment Opportunity Commission, which recommend that employers adopt
policy guidelines expressing strong disapproval of sexual harassment
and develop appropriate investigative procedures and sanctions for improper
conduct. These guidelines make such principles applicable to all members
of the University community.
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 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,
however, as many as eighty percent of all rapes are perpetrated by dates,
colleagues or other acquaintances. This is called date or acqaintance
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've 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.
Use elevators, stairs and restrooms in well-trafficked areas. Don't
study alone in an empty classroom.
Learn to be willing to make a scene by speaking up or drawing attention
to yourself if you feel threatened, frightened or uncomfortable. Listen
to and act upon your gut feelings and instincts.
If anything makes you uncomfortable, run to an open office, store,
etc. On-campus call security for an escort.
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.
Safety and Security Information
on Campus
Information about safety and security on campus (including statistical
information) is available from the Office of Safety and Security, 1433
Boylan Hall, 951-5511. Campus advisories on safety and security topics
are issued in conjunction with the Office of Public Relations, 2118
Boylan Hall, 951-5882.
Information about related workshops, discussion forums, video films,
written materials, etc., is available from several campus offices, including
the Office of Safety and Security, 1433 Boylan Hall, 951-5511; Personal
Counseling, 0203 James Hall, 951-5363; the Women's Center, 227 Ingersoll
Hall Extension, 951-5777; and the Vice President for Student Life, 2113
Boylan Hall, 951-5352.
Policy information is published in the College Bulletins.
Campus Security Escort
Service
A security escort service is provided by Brooklyn College Safety and
Security. If you are concerned about entering or leaving any part of
the campus area alone, call 951-5111 to request a security escort.
Sexual Assault Is a Crime
Sexual assault is a crime punishable in New York by the following penalties:
|
Crime
|
Penalty
|
| Sexual misconduct |
1 yr prison and/or $1,000 fine |
| Rape,3rd degree |
1-1/3 - 4 yrs prison |
| Rape, 2nd degree |
2-1/3 - 7 yrs prison |
| Rape, 1st degree |
8-1/3 - 25 yrs prison |
| Sodomy, 3rd degree |
1-1/2 - 4 yrs prison |
| Sodomy, 2nd degree |
2-1/3 - 7 yrs prison |
| Sexual abuse, 3rd degree |
Up to 3 months prison |
| Sexual abuse, 2nd degree |
1 yr prison and/or $1,000 fine |
| Sexual abuse, 1st degree |
2-1/3 - 7 yrs prison |
| Aggravated sexual |
abuse 8-1/3 - 25 yrs prison |
Legal Definitions
Sexual misconduct
A person is guilty of sexual misconduct when:
- Being a male, he engages in sexual intercourse with a female without
her consent; or
- He engages in deviate sexual intercourse with another person without
the latter's consent; or
- He engages in sexual conduct with an animal or a 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:
- 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
- Being twenty-one years old or more, he or she engages in sexual
intercourse with another person to whom the actor is notmarried less
than seventeen years old.
Rape in the third degree is a class E
felony.
Rape in the second degree
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
A male is guilty of rape in the first degree when he engages in sexual
intercourse with a female:
- By forcible compulsion; or
- Who is incapable of consent by reason of being physically helpless;
or
- 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:
- 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
- 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
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:
- By forcible compulsion; or
- Who is incapable of consent by reason of being physically helpless;
or
- 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
- Ssuch other person's lack of consent was due solely to incapacity
to consent by reason of being less than seventeen years old, and
- Ssuch other person was more than fourteen years old, and
- The defendant was less than five years older than such other person.
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:
- Incapable of consent by reason of some factor other than being
less than seventeen years old; or
- 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:
- By forcible compulsion; or
- When the other person is incapable of consent by reason of being
physically helpless; or
- 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
- 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:
(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 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 you go. 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 personal counselor in 0203 James Hall
at no cost.
Help for Sexual Assault
Survivors on Campus
Sexual assault survivors can get help on campus through Personal Counseling
in 0203 James Hall or the Women's Center in 227 New Ingersoll Hall.
We 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". A special information sheet for adult survivors
of child abuse is available in the personal counseling reception area
(0203 James Hall).
If you believe you are being (or have been) sexually harassed, coerced
or threatened by a professor or anyone else at Brooklyn College or elsewhere,
report it at once to the office of the Vice President for Student Life
or seek assistance from Personal Counseling or the Women's Center.
You have the right to an education here that is free from intimidation
and fear.
Resources at Brooklyn College:
Safety and Security Office 951-5511
Personal Counseling 951-5363
Women's Center 951-5777
Vice President for Student Life 951-5352
Off-Campus Resources:
24 Hours Rape Report Line (female answered) 212-267-RAPE
Victim Services Agency 24 Hour Hotline 212-577-7777
New York Women Against Rape (NYWAR) 212-777-4000
Child Abuse Report Line (Use this number to report all suspected incest,
other child abuse/neglect cases) 1-800-342-3720
Queens District Attorney's Office 718-520-5400
Special Victims Bureau Legal Services (Law Dept.) 718-575-4447
Brooklyn
BRAVA (Brooklyn Rape Awareness and Victim Advocacy Project) 718-783-3708
Crime Victims Counseling Unit King's County District Attomey's Ofirice
210 Joralemon St. Brooklyn 11201 718-802-2712
Offers crisis intervention, short-term counseling, advocacy and court
information for victims of sexual assault and domestic violence. Referrals,
publications.
People Against Sexual Abuse, Inc. 1012 Eighth Ave. Brooklyn 11215 718-834-9467
To aid those who have been sexually abused. Conducts workshops on
risk reduction for adults and youth, participates in the NYC Police
Department's sensitivity training for patrol personnel, investigates
existing services and groups. Referrals, newsletter, publications.
Women's Survival Space POB 279 Brooklyn 11220 718-439-4612
Center for battered women and their 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.
Manhattan
City Coalition on Child Sexual Abuse, Inc. POB 692, Grand Central Station
New York, N.Y. 10163 212-949-4929
Sponsors the following: forums on child sexual abuse; incest survivors'
groups and therapy; treatment of offenders; safety for children; medical
examination. Referrals, newsletter, library, speakers bureau.
Rape Crisis Intervention Program Presbyterian hospital Social Service
Department 622 West 168 St. New York, N.Y. 10032 212-305-9060
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. Membership.
Rape Crisis Intervention Program of Mount Sinai Medical Center Department
of Obstetrics and Gynecology, KP-2 1 Gustave Levy Place New York, N.Y.
212-241-5461
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 15 3 West II St. New York, N.Y. 10011 212-790-8068,
790-8000
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.
Rape Intervention Program/Crime Victim Assessment Project St. Luke's/Roosevelt
Hospital Center Amsterdam Ave. at 114 St. New York, N.Y. 10025 212-870-1875
Immediate hospital emergency room care and crisis intervention to survivors
of sexual assault; follow-up counseling; legal advocacy outreach and
public education; training for Professionals and paraprofessionals.
Referrals, membership, library.
Sanctuary for Families, Inc. Box 413 Times Sq. Station New York, N.Y.
10108 212-582-2091
Provides shelter and support services to abused women and their children.
Services include individual and group counseling, legal, health and
social service referrals, advocacy, support and public education.
Sex Crimes Report Line Sex Crimes Unit, Detective Bureau New York City
Police Department 1 Police Plaza, Rm. 1312 New York, N.Y. 10038 212-732-7706
Phone staffed by female detectives for sex crime victims. Takes police
reports over the phone, conducts investigations and provides information
and referrals.
Sexual Assault Victim Assistance Program Bellevue Hospital Center
Victims of Violent Assault Program First Ave. and 27th St. Rm. MW3 New
York, N.Y. 10016 212-561-3755
Emergency room medical treatment for female and male rape victims over
16; follow-up crisis and short-term counseling to individuals, families
and couples; medical evaluation; information and referral; advocacy;
training and public education. Follow-up services are free of charge.
Support for Orthodox Victims of Rape and Incest 54 Nagle Ave. New York,
N.Y. 10040
Dedicated to helping Orthodox Jewish women and their families overcome
the trauma of rape and incest. Provides short-term crisis counseling,
public education and referrals. Membership.
Victim Services Agency 2 Lafayette St. New York, N.Y. 10007 212-577-7700
Hotline 212-577-7777
Court-based operations, a crime victims' hotline. Services include:
emergency assistance, referrals to shelters and safe homes, court information
and advocacy. Has staff in emergency rooms of four hospitals to assist
victims of sexual violence; conducts the Domestic Violence Prevention
Program in collaboration with Police Department.
Witness Aid Services Unit New York County District Attorney's OffiCe
1 Hogan Place New York, N.Y. 10013 212-335-9000
Short- and long-term social services and therapeutic counseling for
Victims of domestic violence and sexual assault. Provides necessary
protection for victims, assistance in obtaining temporary and permanent
housing and financial assistance.
Queens
Elmhurst Hospital 718-830-1958 Borough Crisis Center 79-01 Broadway
Elmhurst, N.Y. 11373 Emergency Rm. 830-1302
Queens Hospital Center 718-883-3188 82-68 164th Street Jamaica, N.Y.
11432 Emergency Rm. 830-3090
St. Johns Episcopal 718-917-3000 327 Beach 19th Street Far Rockaway,
N.Y. Emergency Rm. 917-3755
Transition Center POB 629 Far Rockaway 718-520-8045
A free temporary shelter that provides a safe refuge to women and their
children who have been the victim of physical abuse. Offers individual
and group counseling for women and children, child care services, psychological
counseling and referrals.
Bronx
Crime Victims Assistance Unit Bronx District Attorney's Office 215 East
161 St., 4th Fl. Bronx 10451 212-590-2115
Offers crisis intervention, short-term counseling, advocacy and assistance
to victims of sexual assault and domestic violence. Referrals, publications.
____________________________________________
Revised November 18, 1992
Direct comments, corrections, suggestions to:
Prof. Gregory A. Kuhlman, Director Personal Counseling and
Center 0203 James Hall 718-951-5174
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