Sexual Assault and Sexual Harassment Information

Sex Offenses, Applicable Laws and Penalties

Sexual activities without lawful consent with or without a relationship are crimes punishable in the courts by up to 25 years imprisonment. College penalties include student expulsion and employee termination. Professional penalties may include denied licensure or refused admittance to the bar.

Article 130 of the New York State Penal Law deals with sex offenses. The most serious sex crimes and applicable penalties include:

Rape – When a person engages in sexual intercourse with another that is incapable of consent because of age or other factors or by forcible compulsion.

Sodomy – When a person engages in deviate sexual intercourse with another who is incapable of consent because of age or other factors or by forcible compulsion.

Sexual Abuse – When a person subjects another person to sexual contact without their consent.

Offenses Classification Penalties
Rape 1st Degree B Felony Up to 25 years
Rape 2nd Degree D Felony Up to 15 years
Rape 3rd Degree E Felony Up to 4 years
Sodomy 1st Degree B Felony Up to 25 years
Sodomy 2nd Degree D Felony Up to 15 years
Sodomy 3rd  Degree E Felony Up to 4 years
Sexual Abuse 1st Degree D Felony Up to 7 years
Sexual Abuse 2nd Degree A Misdemeanor Up to 1 year
Sexual Abuse  3rd  Degree B Misdemeanor Up to 3 months

If you are the Victim of Sexual Assault

Should you become a sex crime victim on or near campus, the college recommends a prompt report to both the NYPD and the college so that the public interest can be served. The preservation of evidence including biological, chemical, and environmental substances may be essential to successful prosecution; victims are urged to obtain emergency medical treatment before washing, laundering apparel, or discarding wipes.

Initial victim or witness reports of sex or other crimes will be promptly reported to the NYPD by campus security authorities. The Emergency Medical Service will be summoned for anyone apparently requiring or requesting medical attention. Local telephone service and assistance will be provided to facilitate notifications, victim services, and transportation arrangements.

In addition, Graduate Center counseling professionals will do all they can to assist a victim of sexual assault including help in changing academic and life situations if requested by the victim and if these changes are reasonably available.

Some numbers of possible interest are:

  • Sex Crimes Report Line/NYPD (24 Hrs) (212) 267-RAPE

A female detective will provide immediate assistance and information about medical, legal, and emotional support services; strictly confidential, name not required.

  • Safe Horizon Crisis Hotline (24 Hrs) (212) 577-7777
  • Crime Victims Treatment Center (212) 523-4728
  • St. Luke's - Roosevelt Hospital Center, counseling, medical treatment, support services, legal advocacy; Monday to Friday 9:00 A. M. - 5:00 P. M.; crisis intervention and medical care, 24 hrs, at the emergency rooms at Ninth Ave. at 58th St. and 113th Street East of Amsterdam Ave.

Sex Offender Registry Information

The "Campus Sex Crimes Prevention Act" (section 1601 of Public Law 106-386) is a federal law enacted on October 28, 2000 and effective on October 28, 2002 that requires institutions of higher learning to issue a statement advising the college community where law enforcement information concerning registered sex offenders may be obtained.

The New York State Division of Criminal Justice Services maintains a registry of convicted sex offenders which is available to local law enforcement agencies, including CUNY's public safety departments. To obtain information about a Level 2 or Level 3 registered sex offender you may:

  • Contact the police department in the jurisdiction in which the offender resides and/or in which the college is located.
  • Contact John Flaherty, Director of Security and Public Safety, at 1-212-817-7761.
  • Call the Division of Criminal Justice Services Sex Offender Registry at 1-800-262-3257.

To obtain information about Level 3 offenders only, you may:

The college reserves the right to deny admission to any student if in its judgment, the presence of that student on campus poses an undue risk to the safety or security of the college or the college community. That judgment will be based on an individualized determination taking into account any information the college has about a student's criminal record and the particular circumstances of the college, including the presence of a child care center, a public school or public school students on the campus.

Sexual Assault Prevention

The Graduate Center has not had any reports or rumors of on-campus or local sexual offenses in many years. This is not to say that it has not occurred without our knowledge or could not occur in the future. General rules of urban prudence must be applied together with precautions applicable to high-rise buildings and academic institutions. These include but are not limited to:

  • Avoid freight elevators and lobbies.
  • Be aware in library stacks and carrel areas.
  • Use passenger elevators rather than stairs.
  • Use rest rooms in trafficked areas.
  • Report rest room gender violations.
  • Leave vacated class and meeting rooms promptly.

If you live in an apartment exercise care in traveling en route to or from the college at all times - sex and other crimes can and do occur about the city even during daylight hours. Good apartment security mandates the same general rules of urban and college security prudence and the following:

  • Report access by strangers including the homeless to the building management. bullet
  • Report illicit activities in or near the apartment building to the police. bullet
  • Ensure that entry, hall, and your apartment doors are kept locked. Open them only for persons you know and expect and not for anyone with a story however dramatic or plausible. bullet
  • Do not enter elevators unless you feel comfortable with the occupants.
  • Be prepared to use the elevator alarm button.
  • Maintain control over your keys; keys can be easily and rapidly duplicated.
  • Contact the building management if there are accessible windows that do not have fire department-approved bars or glass protection in addition to the window lock.
  • Consider meeting persons with whom you are not well acquainted at more public places.
  • Use the laundry room during trafficked hours.

Sexual Assault Education Programs

Sex offense information is available through the Office of Security and Public Safety (Room 9117, 212-817-7761; the Office of the Vice President for Student Affairs (Room 7301, 212-817-7400); the Psychological Counseling and Adult Development Center (Room 6422, 212-817-7020); Wellness Center/Health Services (Room 6422, 212-817-7020). A hard copy of the college publication, Sexual Assault and Sexual Harassment, which provides information on sexual assault, date rape, the penal law, penalties, counseling and support services is distributed to all incoming students at the new student orientation. An email with a link to an electronic version is also sent to all students each year.

The Office of Security and Public Safety covers rape, acquaintance rape and sex offense awareness as part of its yearly orientation sessions. Various academic programs in the area of social science hold seminars on topics pertinent to sexual assault throughout the semester.

Sexual Harassment

It is the policy of The City University of New York and The Graduate Center to prohibit sexual harassment of employees and students. It is a violation of policy and illegal under City, State and Federal law for any member of the college community to engage in sexual harassment. It is a violation of policy for any member of the college community to take action against an individual for reporting sexual harassment. Students claiming harassment on the basis of sex shall report such harassment to a member of the Sexual Harassment Panel. Employees covered by collective bargaining agreements can report incidents of sexual harassment to the Panel or utilize the grievance procedure; all other employees shall contact a member of the Committee on Sexual Harassment. Supervisors and administrators should report all incidents of sexual harassment they become aware of to the Coordinator of the Sexual Harassment Panel. Contact Security if immediate intervention is required. Additional information can be found in the Student Handbook and be obtained fromStudent Affairs (Room 7301), the Executive Director for Human Resources (Room 8403), or any member of the Sexual Harassment Panel.

This policy is related to and is in conformity with the equal employment opportunity policy of the University to recruit, employ, retain, and promote employees without regard to sex, age, race, color, or creed. Prompt investigation of allegations will be made on a confidential basis to ascertain the veracity of complaints, and appropriate corrective action will be taken.

College Disciplinary Hearings

Concerned individuals, departments, or organizations affiliated with the college may make allegations of violations of law (including but not limited to rape, acquaintance rape, and other forcible and non-forcible sex offenses); the Bylaws and resolutions of the Board of Trustees; college policies, regulations, and orders; and collective bargaining agreements in writing in complete detail to the Vice President for Student Affairs (for students) or to the Assistant Vice President for Human Resources (for employees). While due process procedures differ for students and employees, a range of sanctions is available both up to and including dismissal or termination of employment.

Faculty-Student Disciplinary Committee hearings for students may be convened when the Vice President for Student Affairs determines that the charges are substantial and agreement is not reachable or warranted or one of the parties so requests. Parties may bring counsel and advisers, introduce admissible evidence, and call and cross-examine witnesses. Accuseds have the option of closed hearings and the right to be confronted by accusers. Hearings can lead to acquittal, admonition, warning, censure, disciplinary probation, restitution, suspension, and expulsion. Outcomes will be disclosed to defendants and complainants.

Specific information on employee disciplinary processes varies by employment title and is available from the Assistant Vice President for Human Resources and Labor Designee. In general, penalties include written reprimands, fines, suspension and termination.

Important Note: Though hearings can be convened for rape, acquaintance rape, and other forcible and non-forcible sex offenses not reported to the police, college hearings do not embrace the full investigative and judicial processes essential to criminal justice and individual and public protection and, thus, are NOT substitutes for criminal prosecution.