SUNY College at Old Westbury is committed to maintaining an environment in which students, faculty and staff
as well as visitors can work together free of all forms of harassment, exploitation and intimidation.
The College strongly condemns sexual harassment in any form. Also unacceptable is conduct such as sexual assault
or rape that constitutes a criminal offense. Such behavior is a violation of SUNY policy and both federal and state law.
SUNY College at Old Westbury will take any and all action needed to discourage, prevent, correct, and if necessary,
discipline behavior that violates this standard of conduct.
Rape and sexual assault, such as sexual abuse and sodomy, constitute crimes that are prohibited by New York State law
(see Section 130 of the New York State Penal Code) and section 12 of the Campus Student Handbook. Allegations of sexual
assault or rape should be reported to the University Police Department at (516) 876-3333, and allegations of sexual
harassment on campus should be reported to the Affirmative Action Officer at (516) 876- 3130. Victims of a sex crime may
choose to report the offense and seek guidance from the Counseling Center prior to any other notifications. Victims may
also request the College to change their academic and or living situations on campus after an alleged sexual offense.
The victim may request the assistance of the Office of Counseling Services and the Office of Student Health in this area.
Allegations of sexual assault or rape occurring on or off campus may be reported to the Nassau County Police Department,
Village of Old Westbury Police Department, the Village of Old Brookville Police Department or any other competent authority.
The University Police Department will provide whatever assistance is needed in the notification of other Departments.
The Offices of Student Affairs, Counseling Services, Health Services and the Dean of Students are available for consultation.
Efforts will be made to ensure the confidentially of all reports, except what is required and necessary to investigate the
alleged offenses. College authorities may issue a Campus Safety Alert to those areas of the College community affected
by the crime. The issuance of this alert will depend on the particular circumstances of the crime. Victims providing
information to the University Police may choose either criminal prosecution and/or a referral to the campus judicial discipline system.
Procedures and possible sanctions related to on-campus discipline are discussed in the Code for Student Conduct.
Victims of sex crimes should contact the Dean of Students Office at Ext. 4873 for additional information. Further information
on the procedures that should occur if a victim decides to report are available in the Student Handbook. It is important
to note that the accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding.
The accuser and the accused will be informed of the outcome of any campus disciplinary action including the sanction to be imposed.
Such sanctions can include suspension and dismissal from the College.
Sexual Assault and the Law
The State University of New York College at Old Westbury has programs to protect all members of the College community from sexual
assault, including programs for prevention and prosecution of those that occur within the jurisdiction of SUNY University Police
at the College at Old Westbury.
NYS Law contains the following legal provisions defining the crimes related to sexual assault:
Section 130.20 – Sexual Misconduct. This offense includes sexual intercourse without consent
and deviate sexual intercourse without consent. The penalty for violation of this section includes
imprisonment for a definite period to be fixed by the court up to one year.
Section 130.24/.30.35 – Rape. This series of offenses includes sexual inter-course with a person
incapable of consent because of the use of forcible compulsion or because the person is incapable of
consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses
further includes sexual intercourse with a person under the age of consent. The penalties for violation
of these sections range from imprisonment for a period not to exceed four years up to imprisonment for
a period not to exceed 25 years.
Section 130.40/.45/.50 – Criminal Sexual Act. This series of offenses includes oral or anal sexualconduct
with a person incapable of consent because of the use of forcible compulsion or because the person is
incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of
offenses further includes oral or anal sexual conduct with a person under the age of consent. The penalties
for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment
for a period not to exceed 25 years.
Section 130.52 – Forcible Touching. This offense involves the forcible touching of the sexual or other intimate
parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the
actor’s sexual desire. Forcible touching includes the squeezing, grabbing, or pinching of such other person’s sexual
or other intimate parts. The penalty for violation of this section includes imprisonment for a period of up to one year in jail.
Section 130.55/.60/.65 – Sexual Abuse. This series of offenses includes sexual contact with a person by forcible compulsion,
or with a person who is incapable of consent due to physical helplessness, or due to the person being under the age of consent.
The penalties for violation of these sections range from imprisonment for a period not to exceed three months up to imprisonment
for a period not to exceed seven years.
Section 130.65-a/.66/.67/.70 – Aggravated Sexual Abuse. This series of offenses occurs when a person inserts a finger or foreign object
in the vagina, urethra, penis, or rectum of another person by forcible compulsion, when the other person is incapable of consent by
reason of being physically helpless, or when the other person is under the age of consent. The level of this offense is enhanced if the
insertion of a finger or foreign object causes injury to the other person. The penalties for violation of these sections range from
imprisonment for a period not to exceed seven years up to imprisonment for a period not to exceed 25 years.
If you are sexually or otherwise assaulted on campus:
Get to a safe place as soon as you can.
Try to preserve all physical evidence; do not bathe, douche, or change your clothes.
Contact College at Old Westbury University Police immediately ((516) 876-3333 or ext. 3333 on campus or use a Blue Light or other campus emergency phone).
Remember, assaults – sexual or otherwise – are crimes; they are not the victims’ fault. Victims have the right to pursue adjudication
of crimes that occur on the College at Old Westbury campus through criminal courts and/or through the University’s internal disciplinary
process (under the campus Code for Student Conduct). SUNY University Police are trained to assist with prosecution in both systems.
The University Police Department at the college is a member of the Nassau County Police Department’s Sexual Assault Nurse Examiner
(S.A.N.E) program. S.A.N.E. is a victim sensitive program in which trained forensic nurses are involved in the handling and questioning of victims.
Sexual Assault Information (Aid to Victims of Violence)
If you are a victim of sexual assault, immediately report the assault to the police. Call ext. 3333 on campus, or 911 off campus.
Police cannot investigate the incident as a crime unless you file a formal report. Reporting a crime to the police or to another campus
office does not necessarily obligate you to follow through with criminal prosecution. A victim may choose to consult with other departments
at the college mentioned previously relative to the incident and seek their assistance.
The University Police Department is a member, with the surrounding local Police Departments and the Nassau County Police Department,
in the Sexual Assault Nurse Examiner program (S.A.N.E.). The S.A.N.E. program governs the methodology for dealing with the subject of and
investigation of Sexual Assault crimes. The program has at its core, the utilization of specially trained nurses to deal with the victims
of sexual assault and special provisions at North Shore Hospital where the program is based. The victims of sex-related crimes are treated
with utmost respect, and caution is taken to secure all valuable evidence related to the crime. Guidance will be given to victims concerning
the aftermath of the crime relative to tests for sexually transmitted diseases, pregnancy, etc..
Training and educational programs relative to rape awareness and prevention of sexual assault are initiated and sponsored by the Office of
Counseling Services and the Office of Student Health and are available to all students and staff of the College.
Sexual Offender Community Notifications
Pursuant to an amendment to New York State’s Megan Law signed by Governor Pataki on March 11, 2002, New York State University Police
Departments will receive direct notifications from the New York State Division of Criminal Services if a registered sexual offender enrolls at
or is employed at our institution. Such information will be available at the University Police Department, documented on strategically located
postings throughout the campus, and identified on e-mail alerts to the College community. This information is also available at the following
New York State web site: http://criminaljustice.state.ny.us subdirectory for Level 3 Sex Offenders.
No matter when or where the assault occurred, support and referral
resources are available to help you. Contact at least one of the
offices previously mentioned on this page.