Sexual Assault and Misconduct

• Dating Violence
  • Dating violence as defined in the City University of New York’s Sex-Based Misconduct Policy is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Dating violence can be a single act or a pattern of behavior, based on the frequency, nature and severity of the conduct. Dating violence includes the threat of sexual assault or physical abuse. The existence of such a relationship is determined based on a consideration of the following factors: (1) The length of the relationship; (2) The type of relationship and (3) The frequency of interaction between the persons involved in the relationship. A relationship may be romantic or intimate regardless of whether the relationship was sexual in nature.

• Domestic Violence
  • Domestic violence as defined in the City University of New York’s Sex-Based Misconduct Policy includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under applicable domestic or family violence laws, or by any other person against an adult or youth victim who is protected from that person’s acts under applicable domestic or family violence laws. Domestic violence can be a single act or a pattern of behavior, based on the frequency, nature and severity of the conduct.

The Division of Criminal Justice Services maintains the Sex Offender Registry for convicted sex offenders.

• Institutional Sanctions
  • Any student engaging in any manner in conduct prohibited under the Henderson Rules, shall be subject to the following range of sanctions as defined in the Henderson Rules: admonition, warning, censure, disciplinary probation, restitution, suspension, expulsions, ejection and/or arrest by the civil authorities.
  • Any faculty or staff member may be subject but not limited to: warning, censure, restitution, fines, suspension with/without pay pending a hearing before an appropriate college authority, dismissal after a hearing, ejection and/or arrest by the civil authorities.
  • Any visitor, licensee, or invitee, engaging in any manner in conduct prohibited under Henderson Rules 1-11 shall be subject to ejection, and/or arrest by the civil authorities.

• Criminal Sanctions
  • A list of definitions and corresponding criminal sanctions can be found under Article 130 of the New York State Penal Law.

Sexual Assault is:

• Any sexual act committed or attempted against a person’s will.
• Forced sexual contact by dates, spouses, family members, acquaintances or strangers.
• A range of acts, from obscene phone calls to forced, sexual intercourse.
• Any sexual contact you don’t want.

Rape is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Fondling is the touching of the private parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory rape is sexual intercourse with a person who is under the statutory age of consent.

Stalking is “engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• Fear for his or her safety or the safety of others; or
• Suffer substantial emotional distress”. 42 U.S.C 13925 (a).

For the purpose of this definition:

• Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly or indirectly, through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.

Hunter College is committed to maintaining a fair and equal environment for both its employees and student body, consistent with the requirements of Title IX of the Education Amendments Acts of 1972, which state that:

“No person in the United States shall, on the basis of sex, be excluded from participation in, denied the benefits of, or be subjected to, discrimination under any education program or activity receiving Federal financial assistance…”

CUNY Policy on Sex-Based Misconduct and the NY State Enough is Enough legislation guide our policies to ensure a safe environment for all members of our community.

On every CUNY campus there is a designated Title IX coordinator who is trained in investigating any complaints involving sex-based misconduct. At Hunter College the Title IX coordinator is John Rose (john.rose@hunter.cuny.edu) and he has designated other staff to make up the Title IX team. The Title IX team are the individuals on campus that investigate any reports of sex-based misconduct including sexual harassment, gender-based harassment, sexual assault, stalking, voyeurism, domestic violence and intimate partner violence. The Title IX email is: TitleIX@hunter.cuny.edu . You may also submit reports of sex-based misconduct directly using Title IX’s sex-based misconduct allegation form.

Members of the Title IX Team

If an incident involves sexual harassment, gender-based harassment, sexual assault, domestic violence, intimate partner violence, stalking or voyeurism you may report to one or more of the following people (not limited to):

If it is an emergency, please call 911 or the Office of Public Safety at 212-772-4444.

Workplace violence is defined as any physical assault or acts of aggressive behavior occurring where an employee performs any work-related duty in the course of his or her employment, including but not limited to:

• An attempt or threat, whether verbal or physical, to inflict physical injury upon an employee.
• Any intentional display of force which would give an employee reason to fear or expect bodily harm.
• Intentional and wrongful physical contact with an employee without his or her consent that entails some injury.
• Stalking an employee in a manner which may cause the employee to fear for his or her physical safety and health when such stalking has arisen through and in the course of employment.

Hunter does not tolerate actions or threat of action that put our campus community members at risk. For more information, visit the Office of Compliance and Diversity’s website.