SHARE Brochure & NYS Students' Bill of Rights

New York State Definition

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 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.

A person is incapable of consent if they are:

• Less than 17 years of age
• Mentally incapacitated
• Mentally disabled
• Physically helpless or physically unable to give consent

Who Can I Report To?

All Faculty and Staff members are required to disclose any reports of sexual misconduct to the Title IX Coordinator, and should not guarantee confidentiality. They will only share information as necessary with the Title IX Coordinator to investigate and/or seek a resolution. The people and departments listed above are best prepared to discuss the reporting process and options with you.

If you disclose to an employee that you are pregnant or are experiencing a pregnancy related condition, that employee is required to share the Title IX Coordinators contact with you.

All students have the right to report to the Office of Public Safety and local and state law enforcement, in addition to making a report to Ithaca College, or to choose not to report. All students have the right to be protected by the College from retaliation for reporting an incident and to receive assistance and resources from the College.

Confidential Resources

These resources will only share information with the Title IX Coordinator if you give them permission.

* Please contact office directly to identify who in the department is a confidential resource.

Title IX of the Educational Amendments of 1972 state:

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

The protections of Title IX extend to sexual harassment and sexual assault or violence that impairs or interferes with access to equitable educational and employment opportunities. Individuals at Ithaca College are protected by Title IX regardless of their sex, sexual orientation, gender identity or expression, part- or full-time status, disability, race, or national origin.

When you report, the Title IX Coordinator or designated deputy coordinator will work with you to gather information on your complaint and provide some resources that may be helpful to you. There are certain immediate steps we can take to help you feel safer, and you may change your mind about participating in this process at any time. These steps may include housing accommodations, academic assistance, connecting you to the Office of International Programs to help answer your questions about immigrations regulations, connect you to the Office of Financial Services and referral to resources to support your physical and personal well-being.

Privacy

If you choose to move forward with a formal complaint, the Title IX Coordinator will work with appropriate offices to ensure that reporting individuals, respondents, and witnesses are treated equitably and that respectful and timely communication occurs. The Title IX Coordinator may, despite a reporting individual's request to the contrary, decide that an investigation and/or disciplinary process is necessary because the College has an obligation to provide a safe, non-discriminatory environment for all students and employees.