It’s no secret that students sometimes engage in sexual relations outside of the bedroom. What isn’t commonly known is that there is no Student Conduct rule explicitly prohibiting sex on campus. So the Glenn G. Bartle Library stacks, vacant classrooms and the Lecture Hall basement are, technically, up for grabs.
According to Paul Stroud, the director of Student Conduct, there is no rule at Binghamton University barring students from engaging in consensual sex or engaging in sexual actions on campus. If there is an allegation that a student has been the victim of sexual assault, only then is there a specific protocol.
Stroud said if a staff member were to catch students having sex, after establishing that it was consensual, the faculty member may remind the students about where and when it is appropriate to engage in sexual activity, but no charges are pressed.
“Like everything in life, people have to make a decision about what you want to keep private and what you want other people to know about you and your business,” Stroud said. “It’s not so much that they’re engaging, but where. It’s not that students violated rules but is this the kind of behavior you want to engage in in a public place?”
Sarah Spiel, a sophomore majoring in political science, said she has wondered whether there are cameras in certain locations of Bartle and the University Union, despite there being no policy banning sexual activity.
“I’m surprised that there’s this big of a loophole,” Spiel said. “I would’ve never thought that it would be okay and I’ve never thought of this to be an issue.”
BU Police Department Chief Timothy Faughnan said though sexual acts are not against BU policy, openly exposing one’s genitals to others is still a violation of public lewdness.
According to Faughnan, under New York State penal law, public lewdness is a Class B misdemeanor which can result in a permanent criminal record, jail time or a fine. Public lewdness is defined as exposing private body parts in a public place with the intent of showing them indiscriminately to others.
“We understand student behavior and that some students may view this as a challenge or thrill but it’s not a good idea because it may be illegal,” Faughnan said. “You may end up in Student Conduct or the criminal system and it’s disrespectful to other students in that environment.”
Matthew Ferretti, a sophomore majoring in electrical engineering, said he can see why students do it for the thrill.
“It seems really adventurous, especially since you know you’re not supposed to be doing it,” Ferretti said.
Faughnan said that if UPD does catch people, it is usually in cars in parking lots. In that case, UPD will always separate the two parties and talk to them separately, asking each person if it was consensual. Most students are initially angered or embarrassed, but according to Faughnan, students are always thankful that the officers asked. If it was consensual, UPD will tell them to respect their environment and consider doing their activities elsewhere, and usually no charges are filed.
“Even if you’re in a corner cubicle [of the library], there’s other people there who may not want to see that,” Faughnan said. “We don’t pass judgment — that’s not our job. Our job is to make sure everything is consensual.”