By Cailin McKenna
New York State Governor Cuomo encouraged students to advocate for a sexual assault bill that was chaptered into law last July. Mike Groll/AP
Across college campuses, the issues of sexual assault and prevention are raising concern among both students and administrations. A recent study shows that one in five female college students report being sexually assaulted. These statistics are resulting in increased student activism for anti-sexual assault movements. At Fordham, Monica Sobrin, FCRH ’17, has taken a vocal stance on the issue of sexual assault on college campuses. This summer, Sobrin worked with New York state legislators on a bill to change college policies on affirmative consent and sexual assault.
An active member of Progressive Students for Justice: Women’s Empowerment, Sobrin first found out about the legislation through affiliates of the “Know Your IX” and “Carry That Weight” groups at Columbia University. These organizations reached out to clubs and organizations involved with anti-sexual assault activism across the New York City area. Students from over 20 schools, including Fordham, met to share resources, organize events and create a network for anti-sexual assault activism.
These student activists were contacted by New York State Governor Andrew Cuomo, FCRH ’79, about a piece of legislation to combat sexual assault on college campuses across the state. The bill, known as ‘Yes Means Yes,’ would amend the state education law, requiring “all colleges and universities in the State of New York to implement uniform prevention and response policies and procedures relating to sexual assault, domestic violence, dating violence and stalking.”
Following the charter of the bill, AP published an article, on July 8, 2015, about the current affirmative consent laws in place. According to the article, “New York’s public universities adopted the ‘yes’ means ‘yes’ policy last year, shortly after California passed a similar law for all schools receiving state money for financial aid.” However, now these same policies will be law for both public and private colleges across the state.
“I jumped on board because I thought it was a great opportunity to contribute to the broader movement taking place outside of Fordham’s gates and to achieve long-lasting, far-reaching change,” said Sobrin.
The bill was expected to be part of the state budget, but after some consideration it was pulled from the state budget and placed on the floor of both legislative bodies. Throughout February, student activists worked with the Governor’s office conducting research and proposing amendments.
A group of students, including Sobrin, travelled to Albany over spring break to lobby legislators for their support of the bill. “I did a great deal of research and advocacy on the affirmative consent standard,” she said. “It’s exciting to see some of that language make it into the final bill.”
The chaptered bill will be effective Oct. 5, 2015 and require all colleges and universities in New York State to adopt a statewide affirmative consent standard. The definition of affirmative consent, according to the law, is that consent is active and not passive and that a lack of “no” does not equal the presence of “yes.” The definition also states that silence or lack of resistance does not constitute consent to sexual activity.
Additionally, an individual who gave consent prior to sexual activity does not waive the need for consent in the present and can withdraw consent at any point. As a result of this new law, students and administrators of colleges across the state will have a unified definition for affirmative consent.
For many students under the influence of drugs or alcohol, there is a fear of further discipline for violating school policies which may result in an unwillingness to come forward with information about sexual assault. “This legislation requires schools to establish an amnesty policy to grant those reporting incidents of sexual violence immunity from other campus policies, such those pertaining to drug and alcohol use,” Sobrin said.
The legislation also includes a Student Bill of Rights to be adopted by all New York State colleges, which will inform students of their legal rights and resources available on and off campus.
Under the bill, students can report an assault to campus authorities, and proceed with an internal investigation, or law enforcement, who investigate through a criminal justice system. The Bill of Rights ensures that victims and survivors remain involved in their situation by allowing them to choose where to report the assault.
As part of the new law, colleges must submit annual aggregate data on reports of sexual violence to the State Education Department, which will be made available online for prospective students.
The law also establishes a State Police Sexual Assault Victims Unit and Hotline for victims and survivors seeking information and support.
Fordham’s current consent policy is defined in its Campus Assault and Relationship Education (CARE) brochure as “all people in a sexual encounter agree to the sexual activity.”
“Fordham already has an affirmative consent policy and a clear consent definition that can be found in the CARE brochure and online,” Christopher Rodgers, dean of students, told The Fordham Ram in January. “We will work to assure that our wording meets the standards set by the state when the new law passes.”
Since the bill was passed into law, Sobrin has received a positive response from the Fordham administration, which already provides a Student Bill of Rights, Notification of Rights at the First Time Disclosure, and Affirmative Consent Standard, Transcript Notation and more in the CARE Brochure for students.
“Fordham University stands with any person who has been sexually assaulted, and is committed to the safety of its students, faculty, staff and guests,” said Bob Howe, senior director for communications, in a university statement. “The University fully supports Governor Cuomo’s “Yes Means Yes” law on sexual consent, and the similar policies regarding consent that were in place at Fordham prior to the measure becoming law.”
Howe discussed the extensive training and orientation programs for first year and transfer students provided by the Student Affairs division. “In the last few years, during New Student Orientation, the University has incorporated information and language similar to the affirmative consent definition and the guidelines provided by the new law,” he said. “Additional modifications to existing policies will be made in the near future to reflect changes in the law, in accordance with the timelines set forth in the legislation. Fordham’s Campus Assault and Relationship Education (CARE) brochure and page has also been updated.”
Howe commended Sobrin for her work as an effective and vocal supporter of Governor Cuomo’s campaign against campus assault. “The university encourages anyone who has experienced or witnessed any form of sexual misconduct to report it to the appropriate officials so they may offer that person assistance, and inform them of their options including counseling, support and other resources,” Howe said.
For Sobrin, the ‘Yes Means Yes’ should spread beyond college campuses into primary and secondary health cirricula.“This law has the potential to change the way that we talk about consent, sex, relationships and assault,” Sobrin said. “When implemented properly, it will help bring about the culture of consent that will prevent aassaults from occurring.”
