“Advisor of Choice” An advisor of choice is a person selected by the Complainant or Respondent to advise and accompany the Complainant or Respondent throughout the investigation and adjudication process. An advisor of choice may be any person, including an attorney. The institution does not appoint or pay for an advisor of choice. An advisor of choice’s role is limited to the functions further described in this policy.
“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 the 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. All references to “consent” in this policy will mean affirmative consent as defined in this policy.
Affirmative consent to engage in one form of sexual contact (such as kissing or fondling) does not imply consent to other forms of sexual activity (such as intercourse). Past consent to engage in sexual activity cannot be presumed to be consent to sexual activity in the future with the same or a different person. A current or previous dating relationship is not sufficient to constitute consent. Consent cannot be obtained from sexual coercion, force, intimidating behavior or threats. Certain conditions prevent a person from being able to consent. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation can be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if the individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs or other intoxicants may be incapacitated and therefore unable to consent. Consent is required regardless of whether the initiator is under the influence of alcohol or other drugs.
As noted above, silence or lack of resistance alone is not deemed affirmative consent and should never be the basis for continued sexual activity. A person can withdraw consent at any time during sexual activity by expressing in words or actions that they no longer want the act to continue; when consent is withdrawn or can no longer be given, the other person must stop immediately.
Consensual Relationships
Pratt Munson College of Art and Design prohibits romantic or sexual relationships between faculty/staff and undergraduate students. Further, the College prohibits romantic or sexual relationships between faculty/staff and graduate students if they are active within the same school, department, or program, or if the faculty member has any academic, professional or supervisory authority over the graduate student. Violations of this prohibited conduct may also be addressed through the process identified in the Employee Handbook.
“Complainant” refers to the person who allegedly experienced the sexual misconduct in violation of the policy whether or not a formal complaint is filed. If a complainant declines to sign a formal complaint or does not wish to participate in the complaint and adjudication process, or the complainant’s identity is unknown, and the Title IX Coordinator determines there is sufficient cause to file a formal complaint, the Title IX Coordinator may file a formal complaint and thereby initiate an investigation and adjudication process pursuant to this policy. In that instance, the Title IX Coordinator is not the “Complainant”; the complainant remains the person who allegedly experienced the sexual misconduct.
“Formal Complaint.” A formal complaint refers to a written complaint filed in accordance with the grievance process below. A formal is necessary to initiate an investigation and adjudication process.
“Institution Advisor.” A Complainant or Respondent who does not opt to be accompanied by an advisor of choice at a hearing is entitled to be appointed an advisor by Munson at no charge to the party. This advisor is referred to an “institution advisor” who may be but need not be an attorney. The institution advisor may be an campus community member or external to Munson, at Munson’s discretion. A Munson advisor’s role is limited to asking cross-examination questions of the other party during a hearing. A Munson advisor does not represent a party in any legal sense. The party is responsible for formulating the cross-examination questions Munson’s advisor will pose during the hearing.
“Respondent” means the individual alleged to have committed acts constituting sex discrimination, sexual harassment, sexual misconduct or other violation of this policy.
“Sexual Coercion” is the application of unreasonable pressure, including emotionally or physically manipulative actions or statements, or direct or implied threats, in order to compel the person to engage in sexual activity. Coercion is more than an effort to persuade, seduce, entice, or attract another person to engage in sexual activity. A person’s words or conduct are sufficient to constitute coercion if they deprive another individual of the ability to freely choose whether or not to engage in sexual activity.
“Sexual Misconduct” is an umbrella terms used to refer generically to all the categories of sex-related behaviors prohibited by this policy, including sex discrimination, sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, and stalking. Sexual misconduct can occur between strangers, acquaintances, or people who know each other well, including those who are involved in an intimate or sexual relationship, and can be committed by anyone regardless of gender, sexual orientation, gender identity or gender expression. Sexual misconduct may occur between members of the same or opposite sex and in heterosexual and homosexual relationships. While certain forms of sexual misconduct can constitute a criminal offense under New York State law, a person’s conduct may violate this policy even if it does not violate State law.
