It is the collective responsibility of all members of the WCC community to foster safe and secure campus environment.                                                                    

Sexual Harassment

Sexual harassment is a special term referring to persistent, unwanted sexual behaviors or advances. Sexual harassment may begin with words but progress to unwanted touching and potentially even rape. The following are links to the SUNY Definition for Sexual Misconduct and title IX Policies for Individuals Reporting Sexual Harassment and Misconduct.

• SUNY Definitions for Affirmative Consent 
• Title IX Policies for Individuals Reporting Sexual Harassment and Misconduct

Many types of harassment are illegal. In the workplace, a supervisor who tells off-color sexual jokes around an employee of the opposite gender may be guilty of sexual harassment. Students who deliberately malign members of another race may be guilty of committing a hate crime. Physically tormenting another student in a hazing may be judged as committing assault and battery. Any discrimination in the workplace based on race, religion, age, sex, and so on is illegal.

Examples of Sexual Harassment

• Unwelcome physical contact
• Continued expression of sexual interest after being informed that the interest is unwelcome
• Requests for sexual favors
• Persistent requests for a date
• Telephone calls, emails, or other communication that are unwelcome
• Posters, photos, cartoons, or graffiti that are demeaning or offensive
• Sexual language and/or jokes of a sexual nature
• Unwelcome visual contact, such as leering or staring at another person
• Comments or statements that are demeaning, humiliating, suggestive, insulting, vulgar, crude, or lewd
• Sexual gestures
• Following or stalking
• Taking pictures that are sexual in nature
• Preferential treatment or promise of preferential treatment for submitting to sexual conduct

Harassment of any type, at any time, of any person is wrong and unacceptable. You will know it if you are harassed, and you should know also that it is your basic right to be free of harassment. Westchester Community College has strict policies against all forms of harassment. Here’s what you should do if you are being harassed:

1. Tell the person to stop the behavior, or if you feel at any risk of harm, get out of the situation immediately.
2. Document the incident, particularly with ongoing harassment. Keep notes of the details. Tell someone you trust about the situation.
3. Report the harassment to the appropriate college authority. If you are unsure where to go, first go to Public Safety.

Title IX

Title IX is a federal law that states, “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 educational program or activity receiving federal assistance.”

• WCC must respond promptly and effectively to reports of sexual harassment, including sexual violence, which create a hostile environment.
• In addition, Enough is Enough is a New York State Law that requires all colleges to adopt a set of comprehensive procedures and guidelines, including a uniform definition of affirmative consent, a statewide amnesty policy, and expanded access to law enforcement.

These Laws are Important

Westchester Community College is committed to creating and maintaining an educational environment free from all forms of sex discrimination, including sexual misconduct.

• You can find the definitions of sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, and stalking starting on pages 5-6 of WCC’s Code of Conduct. Here is a link to the Code of Conduct.

What College Students Need to Know about Affirmative Consent

• When participating in any sort of sexual activity, it is important to understand affirmative consent. Affirmative consent means it is the job of the individual initiating a sexual act to obtain consent before moving forward with any sexual act.
• It is important to know that if an individual is incapacitated they cannot consent to a sexual act. It is the job of the individual initiating the act to determine if the other individual is incapacitated.
• The following chart can help you understand the definition of affirmative consent:

If You Feel You Have Experienced Sexual Harassment or Sexual Misconduct

• You have the right to make a report to Public Safety, local law enforcement, and/or State Police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution.
• There are a small group of individuals on campus who are confidential resources. Individuals who are confidential resources will not report crimes to law enforcement or college officials without your permission, except for extreme circumstances, such as a health and/or safety emergency.

Reporting Sexual Violence/Sexual Misconduct

Westchester Community College offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a nonconfidential resource will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator. 

For example, If you disclose an incident to a Westchester Community College employee who is responsible for responding to or reporting sexual violence or sexual harassment, but you wish to maintain confidentiality or do not consent to the College’s request to initiate an investigation, the Title IX Coordinator must weigh your request against the College’s obligation to provide a safe, nondiscriminatory environment for all members of the community, including you. 

What Happens After You Report Sexual Harassment or Sexual Misconduct?

• The report will go to the Title IX office and a decision will be made about whether an investigation should proceed. Your input is important.
• Resources are available to all those involved regardless of whether an investigation is opened.
• If it is necessary to open a Title IX investigation, the involved parties will be invited to participate. Participation is not required; it is your choice.
• If the investigation reveals a potential college policy violation, the completed investigation report will be referred to the appropriate office for next steps.

Is there a difference between a Title IX investigation by the college and a criminal investigation by law enforcement?

• YES! The purpose of the college investigation is to determine if there is a violation of college policy. The purpose of a criminal investigation is to determine if there is a violation of criminal law.

What if a friend discloses to me that they have experienced sexual harassment or sexual misconduct?

Some things you can say to a friend who comes to you with a disclosure:

• “Thank you for telling me”
• “It was not your fault”
• “I believe what you’re telling me”
• “I’m so sorry that happened to you”

You can also provide your friend with the list of resources listed in the Title IX Policies for Individuals Reporting Sexual Harassment and Misconduct online.

What if the person who experienced sexual misconduct was using drugs or alcohol at the time of the incident?

• Westchester Community College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that domestic violence, dating violence, stalking, or sexual assault occurs, may be hesitant to report such incidents due to fear of potential consequences for their own conduct.
• The College strongly encourages students to report incidents of domestic violence, dating violence, stalking, or sexual assault to institution officials.
• A bystander acting in good faith or a person who experiences sexual misconduct that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Westchester Community College officials or law enforcement will not be subject to Westchester Community College’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the incident.

One Last Thing!

Bystander Intervention is a philosophy and strategy for prevention of various types of violence, including bullying, sexual harassment, sexual assault, and intimate partner violence.

The only person responsible for committing sexual or intimate partner violence is a perpetrator, but all of us have the ability to look out for each other’s safety. A bystander is a person who is present when an event takes place but isn’t directly involved. You may have heard the term “bystander intervention” to describe a situation where someone who isn’t directly involved steps in to change the outcome.