Sexual Activity, Non-Consensual

This policy is under review. For the University’s current sexual assault and harassment prevention policy, please view the Sexual Harassment, Abuse, and Assault Prevention Policy.

Scope

Faculty, staff, and students

Policy Statement

Syracuse University is committed to the maintenance of an environment which is supportive of its primary educational mission and free from all exploitation and intimidation. The University will not tolerate rape, sexual assault, or other forms of sexual violence or nonconsensual sexual activity. The University will respond promptly and equitably to any such incidents and to any student, staff, or faculty member who reports such incidents.

Syracuse University supports this policy for students, faculty, and staff through its educational prevention programs and its counseling and medical support services.

Syracuse University will enforce this policy through internal disciplinary procedures, security programs, and the encouragement of external prosecution of alleged offenders through appropriate external judicial forums. Violations of this policy shall include, but not be limited to, the following:

  1. Any form of nonconsensual sexual intercourse, committed by physical force, coercion, threat, or intimidation, actual or implied, by a person(s) known or unknown to the victim. Sexual intercourse can involve anal, oral, or vaginal penetration, no matter how slight.
  2. Any actual or attempted nonconsensual sexual activity including, but not limited to: sexual intercourse, or sexual touching, committed without physical force, coercion, threat, or intimidation; exhibitionism or sexual language of a threatening nature by a person(s) known or unknown to the victim.

Nonconsensual activity shall include, but is not limited to, situations where the victim is unable to consent because he/she is physically helpless, or is mentally incapacitated due to drug or alcohol consumption, or is unconscious, regardless of whether or not the consumption was with the victim’s consent.

It is against University policy and against the law to retaliate against a person for making a complaint of sexual violence or harassment. Any retaliation should be promptly reported to the Title IX Compliance Officer/Sexual Harassment Officer at 443-0211.

Victims of nonconsensual sexual activity may seek confidential supportive services from the Syracuse University Counseling Center’s Sexual and Relationship Violence Response Team (students) at 443-4715, or from the Faculty and Staff Assistance Program (faculty/staff employees) at 443-1087.

Victims of nonconsensual sexual activity are encouraged to file a complaint through the Title IX Compliance Officer/Sexual Harassment Officer (443-0211), the Department of Public Safety (DPS 711 or 443-2224), Residence Life, or Human Resources as soon as possible after the alleged incident. Complaints against members of the University community may also be filed by non-community members through the Department of Public Safety or the Title IX/Sexual Harassment Officer. The University will conduct an investigation, as appropriate under the circumstances. In most cases involving sexual violence or assault, DPS or the Syracuse Police Department will conduct the investigation.

In cases involving alleged criminal conduct, DPS will assist a complainant in making a criminal complaint if he/she wishes, and any criminal complaint will be forwarded to the appropriate law enforcement agency. For the main campus in Syracuse, this is the Abused Persons Unit of the Syracuse Police Department.

Complaints against students will be forwarded to the Office of Student Rights and Responsibilities for resolution within the University Student Conduct. Complaints against University employees will be forwarded to the Office of Equal Opportunity, Inclusion, and Resolution Services for resolution within the University’s respective grievance procedure systems.

Members of the University community found to be in violation of this policy through the procedures and systems described above shall be subject to sanctions, including suspension and permanent expulsion.

This policy shall supplement all other University policies relating to sexual abuse and harassment, all of which shall remain in effect.

Policy Administration

Links to Procedures and Related Information

Date: December 1990
October 4, 2012
August 11, 2014