2009-2010 - Catalog Sage - The Sage Colleges

New York State Clean Indoor Air ActThe Sage Colleges’ Smoke-Free Environment Policy was adopted in accordance with Article 13-E of the New York State Public Health Law, “Regulation of Smoking inCertain Public Areas.” It is the intention of this legislation and Sage’s policy to protect members of the community from involuntary exposure to second-hand tobaccosmoke.Sage PolicySmoking (the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco) is expressly prohibited in all indoor areas of theCollege premises, including vehicles, unless otherwise designated. Smoking is also prohibited within 25 feet of any building entrance or exit, under any coveredwalkway or building overhang, within the immediate vicinity of all windows and air intakes. Smoking is prohibited in all enclosed public areas on the Troy and AlbanyCampuses of The Sage Colleges. Residence Hall rooms and college-owned vehicles are also designated as smoke-free areas.Sage Guidelines“No Smoking” signs will be displayed at the entrances of buildings on The Sage Colleges campuses.Copies of the Colleges ’ Smoke-Free Environment Policy will be publicly displayed.Copies of the New York State Clean Indoor Air Act will be available in each campus library.The policy will be included in the Student Handbooks and The Sage Colleges’ Employee Handbook.The sale of any tobacco products is prohibited on both Sage campuses.Policy on Sexual AssaultThe Sage Colleges, including Russell Sage College, Sage College of Albany, Sage After Work, and Sage Graduate School, believe that sexual assault is intolerable,and that the entire Sage community has the right to be free of violence, abuse, force and threats that are sexual in nature. Although the Sage community experiencesvery little crime on campus (see the report on Campus Crime Statistics), Sage is particularly concerned that the entire community be aware of behaviors that areintolerable and the consequences of those behaviors. Sex offenses are among the most serious of all criminal offenses because they not only involve physical injuryand personal exploitation, but they also frequently result in emotional trauma which stays with a victim long after legal issues surrounding an incident have beenresolved. The Penal Law of New York state recognizes this fact and attaches very serious penalty to many of these offenses. The behaviors discussed below are alsoprohibited by The Sage Colleges, and may result in serious disciplinary actions, whether or not a victim chooses to pursue criminal prosecution.An evolution in the Penal Law in recent years has made criminal prosecution for sexual assault more likely to be successful. Requirements that a victim demonstrate“earnest resistance,” which frequently resulted in more serious injury to a victim, have been eliminated, and requirements for corroboration, or evidence independent ofthe victim’s testimony, have been lessened. New York State has also made it possible to convict persons of either gender for these offenses.The Sage Colleges will not tolerate the behaviors discussed below. The Sage Colleges also find false allegations of sexual offenses to be equally intolerable.The most serious sex offenses involve lack of consent on the part of the victim. It is important to understand that in the Penal Law, “consent” does not have its ordinarymeaning. Lack of consent, for Penal Law purposes, results from:Forcible compulsion, which means to compel behavior by the use of physical force or a threat - expressed or implied - that puts a person in fear of physicalinjury to himself, herself or another, or in fear that he, she or another will immediately be kidnapped; orIncapacity to consent, which occurs when a person is:less than 17 years of age;mentally disabled (which means that a person suffers from a mental disease or defect which renders him or her incapable of appraising the nature ofhis or her conduct);mentally incapacitated (which means that a person is rendered temporarily incapable of appraising or controlling conduct due to the influence of anarcotic or intoxicating substance administered to him or her without his or her consent); orphysically helpless (which means that a person is unconscious or otherwise physically unable to communicate unwillingness to participate in an act).The following behaviors, when they involve the circumstances above, are prohibited by law and College policy:rape, which is sexual intercourse in its ordinary meaning and occurs upon penetration of the penis into the vagina;criminal sexual act, which is oral sexual conduct or anal sexual conduct; orsexual abuse, which involves the touching of the intimate parts of another, or the insertion of a foreign object into another.The “intimate parts of another” include the genitalia, breasts and buttocks. Sexual abuse may involve the touching of the victim by the offender or the touching of theoffender by the victim, and may occur directly or through clothing.Each of the behaviors above may occur in varying levels of seriousness, as determined by the reason for the lack of consent or the age of the victim. Penalties forthese offenses vary greatly, depending upon the seriousness of the crime, the age of the victim and the prior criminal history of the offender. Penalties for theseoffenses may be as serious as incarceration for a period of not less than 25 years. In addition to criminal penalties, the judicial process of The Sage Colleges may beinitiated. Penalties will vary according to the specific incident, but may be as serious as permanent expulsion from The Sage Colleges.Other behaviors may also be considered sex offenses, depending on the circumstances under which they occur. Although the law may consider them less serious, andprovide penalties that involve incarceration for less than a year, they are equally intolerable within the College community. They include:sexual misconduct, which occurs when a person engages in sexual intercourse, oral or anal sexual conduct with another without their consent, or with ananimal or dead human body;aggravated harassment, which includes sexually explicit communication with the intent to harass, alarm, threaten or annoy another;public lewdness, which involves the exposure of intimate body parts in a lewd manner, or engaging in lewd behavior when observable in public; andcriminal trespass, which occurs when a person enters an area for the purpose of covertly viewing another, or the behavior of others, for sexual gratification.For a more complete description of New York state law regarding sexual assault and the penalties for those convicted of sexual assault, please consult the New YorkPenal Law, Articles 70 and 130.Victims of sexual assault should immediately get to a safe place and contact Sage’s Office of Public Safety as soon as it is safe to do so by dialing 3177 from anycampus phone. Public Safety will summon emergency medical services or law enforcement as necessary. Victims should avoid bathing or any cleaning that mightdestroy valuable evidence. The Office of Public Safety, as well as other Campus Life offices, will be available to assist the victim in deciding whether or not to pursuecriminal charges. The Sage Colleges judicial process will also be invoked as appropriate.Sexual assault prevention programming begins with a student’s orientation program and is subsequently available from the Office of Public Safety and the WellnessCenter. Victims of sex offenses are encouraged to utilize the variety of services available to them, including Public Safety, the Wellness Center and the Office ofCampus Life. Students will be assisted and supported in a confidential manner. The student may also be encouraged to utilize rape crisis agencies in the appropriatecounty and participate in the criminal justice process so that offenders are held accountable for their behavior.Sexual Offender Registry15