By Todd Hildebrandt

Campus Times Staff

This week, UR will determine how to proceed in disciplinary charges against a man who allegedly sexually assaulted a UR undergraduate in October. Darren Snelgrove, a post-doctorate student working in the department of chemistry, was charged with sexual misconduct at an arraignment hearing Nov. 21.

UR was unsure how to proceed with disciplinary actions because of Snelgrove?s status as both a university employee and student, said Director of Security Walter Mauldin.

Snelgrove, 29, of 219 Congress Ave., helped coach the woman?s hockey team last year.

Assault

The alleged assault occurred in the woman?s room between 3 and 4 a.m. Oct. 29, said UR Security Investigator Dan Lafferty. The female student later sought medical care at University Health Service.

In a deposition she gave to the Rochester Police Department, the woman alleged that Snelgrove placed her on her bed while she was unconscious. She said he then removed her pants and underwear and proceeded to have sexual intercourse without her consent.

No denial

Snelgrove did not deny having intercourse with the woman in his sworn statement to the police. He stated he believed the intercourse with the woman was consensual.

Snelgrove could not be reached for comment. He failed to return repeated e-mails.

The two had met earlier in the evening at the Elmwood Inn at 1256 Mt. Hope Ave. They did not know each other. They left the Elmwood at approximately 2 a.m.

The bartender said he observed the woman drink several alcoholic drinks at the bar with Snelgrove. He said he thought she appeared intoxicated.

The law

Under New York State law, sexual misconduct occurs when a male engages in sexual intercourse with a female without her consent. It is a misdemeanor. Rape in the first degree, is defined under New York law when a male engages in sexual intercourse with a female by forcible compulsion or when the female is incapable of consent by reason of being physically helpless. Physical helplessness includes any point when the female is unconscious or for any other reason unable to render consent.

?They are predominantly the same offense,? Lafferty said. ?You just don?t have to prove force occurred [for a charge of sexual misconduct].?

Mauldin said that typically an attorney will not pursue a rape charge in absence of any collaborating evidence.

Sexual assault is a general term to describe a range of criminal offenses including rape and misconduct as well as breaches of university policy dealing with serious forms of sexual harassment, Mauldin said.

Snelgrove will appear again in Rochester City Court Feb. 2. at 9:30 a.m. for arguments and motions.All



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