slide: Title
Information for Responsible Employees
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Information for Responsible Employees
NOTICE: Please use the latest version of Chrome or Firefox to view this program. If you encounter difficulties please update your browser. See our FAQs for more information.
Any member of the University community who alleges or it is alleged is a victim of discrimination is a Complainant, including individuals who choose not to participate in any investigation into the alleged discriminatory incident or conduct.
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.
1. Non-consent / Limitations of Consent
a. Consent to any sexual contact or any specific sexual act cannot be given if an individual is under the age of 17.
b. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any sexual act.
c. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with any other person.
d. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
e. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by:
(i) A physical or mental condition, infirmity or disability that limits informed decision making;
(ii) The lack of consciousness or being asleep;
(iii) Being involuntarily restrained; or
(iv) If an individual otherwise cannot consent.
f. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants (whether voluntary or involuntary) may be incapacitated and therefore unable to consent.
g. Consent cannot be given when it is the result of any coercion, intimidation, force or threat of immediate or future harm.
(i) Coercion is the use of an unreasonable amount of pressure to engage in sexual activity. Coercion is more than an effort to persuade entice or attract another person to engage in sexual activity.
(ii) Intimidation is an implied threat that menaces or causes reasonable fear in another person.
h. Consent cannot be given when it is the result of the use of physical intimidation to secure compliance with sexual activity.
i. Intoxication or impairment of the Respondent is no defense to charges of sexual misconduct.
2. Revocation of Consent
a. When consent is withdrawn or cannot be given, sexual activity must stop.
b. Failure to cease sexual contact promptly in response to withdrawal of consent constitutes prohibited non-consensual sexual contact.
Any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim is an act of dating violence. The existence of such a relationship shall be determined based on the victim’s statement and with consideration of the nature and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary socializing between two individuals in a business or social context shall constitute a romantic or intimate relationship. Dating violence is a form of sexual harassment. Sexual harassment is a form of discrimination. This definition does not include acts covered under domestic violence. Dating violence includes:
1. Isolation: Trying to cut off relationships with other family and friends.
2. Emotional abuse: Humiliating the victim in front of friends, guilt and manipulation if confronted, extreme and persistent jealousy.
3. Intimidation: Instilling fear through threatening behavior, verbal aggression, abuse of animals or destruction of property.
4. Coercion: Threatening to harm themselves or a third-party if demands are not met or the relationship is ended.
5. Physical: Using or threatening to use physically assaultive behavior such as hitting, shoving, grabbing, shaking, slapping, beating, kicking, etc.
6. Sexual: Non-consensual sexual touching or non-consensual sexual activity.
7. Harassment: Using electronic media (internet, cell phones, texting, and social media) or other means to keep track of the victim.
A disability is a physical or mental impairment that substantially limits one or more major life activities. This includes people who have a record of such an impairment or are regarded as having such an impairment.
Stony Brook University prohibits discrimination on the basis of race, sex, sexual orientation, gender identity or expression, religion, age, color, creed, national or ethnic origin, disability, marital status, familial status, genetic predisposition, criminal convictions, domestic violence victim status, and veteran or military status and all other protected classes under federal or state laws in the administration of its policies, programs, activities, or other Stony Brook University administered programs or employment, and includes the terms, conditions, and privileges of employment and/or access for students, faculty, and staff. Stony Brook University’s non-discrimination policy affects all employment practices including, but not limited to, recruiting, hiring, transfers, promotions, benefits, compensation, training, educational opportunities, discipline, daily responsibilities and terminations. Discrimination on the basis of sex, gender and/or gender identity includes, but is not limited to: discriminatory harassment and sexual harassment, non-consensual sexual contact, sexual violence or assault, domestic violence, dating violence and stalking.
Any improper conduct toward a particular individual, individuals, or groups on the basis of one or more of the categories indicated above in the definition of discrimination and which is sufficiently severe or pervasive that it has the purpose and/or effect of:
1. Creating an intimidating, hostile, or offensive work or educational environment for individuals and/or groups; or
2. Unreasonably interfering with the work, academic performance, living environment, personal security, or participation in any University‐sponsored activity of individuals and/or groups.
Discriminatory harassment is a form of discrimination, which is prohibited and should be reported.
Any felony or misdemeanor crime of violence committed by a current and/or former spouse and/or intimate partner of the victim is an act of domestic violence. An intimate partner includes persons legally married to one another; persons formerly married to one another; persons who have a child in common, regardless of whether such persons are married or have lived together at any time, couples who are in an intimate relationships, including but not limited to, couples who live together or have lived together. Domestic violence is a form of sexual harassment. Sexual harassment is a form of discrimination.
Prohibited conduct includes but is not limited to punching, choking, burning or otherwise intentionally causing serious physical harm without consent of a partner. Non-consensual physical violent contact during sexual contact is a form of sexual harassment. Sexual harassment is a form of discrimination.
Any contact of a sexual nature which is unwanted or unwelcome. Sexual contact with another person without consent is prohibited. Non-consensual sexual contact is a form of sexual harassment. Sexual harassment is a form of discrimination. Non-consensual sexual contact may include but is not limited to:
1. Attempted penetration
2. Brushing up against another in a sexual manner
3. Fondling
4. Grabbing
5. Kissing
6. Pinching
Any sexual penetration or intercourse that is unwanted or unwelcome is non-consensual sexual intercourse and/or penetration. Non-consensual sexual intercourse and/or penetration is a form of sexual harassment. Sexual harassment is a form of discrimination. Prohibited conduct includes but is not limited to non-consensual:
1. Anal and vaginal penetration and attempted penetration and/or intercourse.
2. Oral sex or attempted oral sex, or the insertion of a foreign object into the vagina, urethra, penis or rectum of another.
3. This also includes what may be referred to as sexual assault, which is also commonly known as “rape,” whether forcible, or non-forcible, “date rape” and “acquaintance rape.”
The term party or parties refers to the Complainant(s) and/or the Reporting Individual and the Respondent(s) involved in the complaint.
Any member of the University community who reports an alleged incident of discrimination or alleges on-going discrimination is a Reporting Individual. A Reporting Individual may or may not also be a Complainant.
Any member of the University community against whom an allegation of discriminatory conduct is made.
Retaliation against an employee, student or any witness who participates in any University investigation is a form of prohibited discrimination. Retaliation is also prohibited against any individual who files a discrimination complaint or participates in a complaint investigation in any manner. Any substantiated act of retaliation may result in sanctions or other disciplinary action as covered University Policy (including the Code of Student Responsibility) and or disciplinary procedures, pursuant to applicable collective bargaining agreements, and applicable policies and procedures.
Sexual harassment is unwelcome sexual advances, unwelcome requests for sexual favors, requests for sexual favors in exchange for some benefit, and/or unwelcome verbal, physical or communicative (verbal, non-verbal and electronic) conduct of an abusive sexual nature which interferes with an individual’s work or academic performance or creates an intimidating, hostile or offensive work or academic environment. Sexual violence is a form of sexual harassment. Sexual harassment occurs when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of any individual’s employment or education; or
2. Submission to or rejection of such behavior by an individual is used as the basis for employment or educational decisions affecting the individual; or
3. A behavior is sufficiently severe, persistent or pervasive to interfere with an individual’s work or educational performance, or creates an intimidating, hostile, or offensive work or educational environment. Such prohibited conduct includes, but is not limited to, unwelcome sexual communication, touching, and non-consensual sexual contact, including but not limited to sexual touching, intercourse, and violence. Examples of sexual harassment include, but are not limited to:
a. Comments
b. Derogatory statements or other verbal abuse
c. Exploitation
d. Graphic or sexually suggestive comments about an individual’s attire or body
e. Graphic or sexually suggestive gestures
f. Exposing one’s genitals
g. Inquiries or discussions about sexual activities
h. Profanities
i. Sexually suggestive letters or other written materials
j. Slurs
k. Teasing
l. Touching
Sexual misconduct, which can occur in many forms, is discrimination on the basis of sex and/or gender, and may occur between people of the same or opposite sex, or who identify as LGBTQ, is prohibited and should be reported. Sexual misconduct includes, but is not limited to, sexual harassment in all forms, including non-consensual sexual contact, non-consensual sexual penetration, non-consensual violent contact during sexual contact, dating violence, domestic violence and stalking.
The term stalking means intentionally engaging in a course of conduct, directed at a specific person, which is likely to cause a reasonable person to fear for his or her safety or the safety of others or cause that person to suffer substantial emotional damage. Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, including electronic means (cyberstalking), with such person(s) in a manner likely to harass, intimidate, annoy, or create a nuisance or alarm.
Third-party refers to individuals outside the University community including, but not limited to, visitors, guests, volunteers, and/or vendors at University-related facilities, programs, activities or events.
IX in the roman numberal for the cardinal number 9.
Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. This law prohibits discrimination in education activities or programs that receive federal funding.
The University Community includes, but is not limited to, employees and students of Stony Brook University.
An individual who has direct knowledge of or regarding the allegation.