73 1. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent. Sexual assault consists of the following specific acts: a. Rape. The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. b. Nonconsensual Sexual Contact. The touching of the private body parts (including the genital area, anus, groin, buttocks and breast), of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. c. Incest. Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. d. Statutory Rape. Non-forcible sexual intercourse with a person who is under the statutory age of consent. The statutory age of consent in New York is 17. 2. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship. 3. Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under New York State’s domestic or family violence laws or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of New York State. 4. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to--(A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress. Smoking Wagner College is concerned about the health of the members of its community; subsequently, all Wagner College facilities are non-smoking. The smoking ban applies to all Wagner College facilities including the dining hall, Hawk’s Nest, residence halls lounges, lobbies, hallways, offices, restrooms, workshops, classrooms, laboratories and any other interior spaces. In addition, any outdoor sports arena, such as our football stadium, is designated as a non-smoking area. Smoking in any areas of the four residence halls is prohibited. Residents or guests who wish to smoke outside of the residence halls should do so at least 50 feet outside of the residence halls and should use the smoking receptacles provided. Smoking in any public areas or within 50 feet of any campus facility is strictly prohibited. Smoking is permitted only in designated areas on campus. This policy also refers to products that emit a water vapor/vapor (including, but not limited to, e-cigarettes, hookahs, vapor pens, etc.). Theft of Property It is expected that all Wagner College students treat the property of the College, of its members, and any other property, with respect. Therefore, theft of property is prohibited. Use or possession of stolen property is also prohibited.
