Policy on Sexual Assault

The Fredonia campus will not tolerate sexual assault in any form, including acquaintance rape. Where there is reasonable cause to believe that the university regulations prohibiting sexual assault have been violated, the campus will pursue strong disciplinary action through its own channels. This discipline includes the possibility of suspension or dismissal from the university.

A student charged with sexual assault can be prosecuted under New York State criminal statutes and disciplined under the campus code of student conduct. Even if the criminal justice authorities choose not to prosecute, the campus can pursue disciplinary action. A student may be charged under Section 2(f) of the Standards of Behavior.

In addressing cases of sexual assault Fredonia works to ensure fairness and to provide support for all persons involved, especially the victims. Students who have questions about the procedures and protections provided in these cases are encouraged to contact the Office of Student Affairs and/or University Police. Students are also encouraged to take advantage of the Counseling Center and Health Center for further assistance.

Fredonia recognizes the following definition of consent: voluntary, non-coerced and clear communication indicating a willingness to engage in a particular act. Consent is defined in the following manner; consent or lack of consent may be expressed or implied. Acquiescence does not necessarily constitute consent, further consent cannot be construed if: (1) It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense and such incompetence is manifest or known to the actor; or (2) It is given by a person who by reason of youth, mental disease or defect, or intoxication, is manifestly unable or known to the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or (3) It is induced by force, duress or deception.