![]() There is such a court in each county throughout New York, including Tompkins County. Confluence of NY Family Law and Cornell PolicyĪnother potential area of overlap is in the New York State Family Courts. As another example, under the New York State Penal Law, Stalking is an intentional course of conduct directed at a specific person which causes harm via mental or emotional distress, fear for the victim's health, safety or property, or the health, safety or property of their family, or fear that their employment, business or career is threatened. In the State of New York, a person in incapable of consent when he or she is under the age of 17, mentally disabled, mentally incapacitated, physically helpless, or committed to the care of the state. One of these forms of a “lack of consent” that is subject of much misunderstanding, and arises relatively frequently, is the concept of an “incapacity to consent” or being “incapable of consent.” This is often colloquially thought of as “statutory rape,” but it applies to many less severe allegations as well. ![]() Confluence of NY Penal Law and Cornell Policyįor example, “lack of consent,” under the Penal Law, is defined as including forcible compulsion, incapacity to consent, no express or implied acquiescence, or clear expression of non-consent. These potential distinctions are critical to understand and strategize if you find yourself simultaneously subject to both a Title IX proceeding or Dean’s Disciplinary Hearing for violating a code of conduct at Cornell University as well as criminal prosecution for the same alleged conduct by the Tompkins County District Attorney's Office. While Cornell's Policy 6.4, “Prohibited Bias, Discrimination, Harassment, and Sexual and Related Misconduct,” includes definitions of many of the terms used in the Policy, the Penal Law also has its own specific definitions of various critical terms, which may or may not differ from those used by the University. ![]()
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