Student Code of Conduct Approved: July 3, 2018; Last Updated: August 2023 4 SECTION III: Definitions The following selected terms are defined in an effort to facilitate a more thorough understanding of the Student Code of Conduct. Certain definitions have been adapted from Section 6439 NYS Education Law Article 129-B. 1. Accused: a person accused of a violation who has not yet entered the college’s conduct process. 2. Affirm Consent to Sexual Activity, Active Consent or 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. (Section 6441 Education Law Article 129-B) (i) Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act. (ii) Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. (iii) Consent may be initially given but withdrawn at any time. (iv) 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 may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an 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. (v) Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. (vi) When consent is withdrawn or can no longer be given, sexual activity must stop. 3. Dean of Student Life: refers to the Deputy Chief Student Affairs Officer of the College. This individual and/or their designee(s) coordinates the appeal processes and, for students on suspension seeking to return to the college, the readmission request process. 4. Business day: any day, Monday through Friday, which the college is open. 5. Bystander: shall mean a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution. 6. Campus or College property: all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College, either solely or in conjunction with another entity. 7. Calendar day: any day, Monday through Sunday. 8. College official: any person employed by Westchester Community College, the WCC Faculty Student Association, or WCC Foundation to perform administrative, instructional, or professional duties. 9. College or Institution: shall mean Westchester Community College. 10. Complainant: Any member of the college community who has filed and/or presenting disciplinary charges against a student.
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